83_FR_7764 83 FR 7728 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Device Labeling Regulations

83 FR 7728 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Device Labeling Regulations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7728-7732
FR Document2018-03608

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on Medical Device Labeling Regulations.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7728-7732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03608]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1048]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Medical Device Labeling Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on Medical Device Labeling Regulations.

DATES: Submit either electronic or written comments on the collection 
of information by April 23, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before April 23, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of April 23, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note

[[Page 7729]]

that if you include your name, contact information, or other 
information that identifies you in the body of your comments, that 
information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2014-N-1048 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Medical Device Labeling 
Regulations.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Medical Device Labeling Regulations--21 CFR parts 800, 801, and 809

OMB Control Number 0910-0485--Extension

    Section 502 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) 
(21 U.S.C. 352), among other things, establishes requirements for the 
label or labeling of a medical device so that it is not misbranded and 
subject to a regulatory action. Certain provisions under section 502 of 
the FD&C Act require manufacturers, importers, and distributors of 
medical devices to disclose information about themselves or the devices 
on the labels or labeling for the devices.
    Section 502(b) of the FD&C Act requires that for packaged devices, 
the label must bear the name and place of business of the manufacturer, 
packer, or distributor; and an accurate statement of the quantity of 
the contents. Section 502(f) of the FD&C Act requires that the labeling 
for a device must contain adequate directions for use. FDA may, 
however, grant an exemption if the Agency determines that the adequate 
directions for use labeling requirements are not necessary for the 
particular case as it relates to protection of the public health.
    FDA regulations under parts 800, 801, and 809 (21 CFR parts 800, 
801, and 809) require disclosure of specific information by 
manufacturers, importers, and distributors of medical devices about 
themselves or the devices, on the label or labeling for the devices, to 
health professionals and consumers. Most of the regulations under parts 
800, 801, and 809 are derived from requirements of section 502 of the 
FD&C Act. Section 502 provides, in part, that a device shall be 
misbranded if, among other things, its label or labeling fails to bear 
certain required information concerning the device, is false or 
misleading in any particular way, or fails to contain adequate 
directions for use.
Recordkeeping Burden
    Section 801.150(a)(2) establishes recordkeeping requirements for 
manufacturers of devices to retain a copy of the agreement containing 
the specifications for the processing, labeling, or repacking of the 
device for 2 years after the final shipment or delivery of the device. 
Section 801.150(a)(2) also requires that the subject respondents make 
copies of this

[[Page 7730]]

agreement available for inspection at any reasonable hour to any 
officer or employee of the Department of Health and Human Services 
(HHS) who requests them.
    Section 801.410(e) requires copies of invoices, shipping documents, 
and records of sale or distribution of all impact resistant lenses, 
including finished eyeglasses and sunglasses, be maintained for 3 years 
by the retailer and made available upon request by any officer or 
employee of FDA or by any other officer or employee acting on behalf of 
the Secretary of HHS.
    Section 801.410(f) requires that the results of impact tests and 
description of the test method and apparatus be retained for a period 
of 3 years.
    Section 801.421(d) establishes requirements for hearing aid 
dispensers to retain copies of all physician statements or any waivers 
of medical evaluation for 3 years after dispensing the hearing aid.
    Section 801.430(f) requires manufacturers of menstrual tampons to 
devise and follow an ongoing sampling plan for measuring the absorbency 
of menstrual tampons. In addition, manufacturers must use the method 
and testing parameters described in Sec.  801.430(f).
    Section 801.435(g) requires latex condom manufacturers to document 
and provide, upon request, an appropriate justification for the 
application of the testing data from one product on any variation of 
that product to support expiration dating in the user labeling.
Third-Party Disclosure Burden
    Sections 800.10(a)(3) and 800.12(c) require that the label for 
contact lens cleaning solutions bear a prominent statement alerting 
consumers of the tamper-resistant feature. Further, Sec.  800.12 
requires that packaged contact lens cleaning solutions contain a 
tamper-resistant feature to prevent malicious adulteration.
    Section 800.10(b)(2) requires that the labeling for liquid 
ophthalmic preparations packed in multiple-dose containers provide 
information on the duration of use and the necessary warning 
information to afford adequate protection from contamination during 
use.
    Section 801.1 requires that the label for a device in package form 
contain the name and place of business of the manufacturer, packer, or 
distributor.
    Section 801.5 requires that labeling for a device include 
information on intended use as defined under Sec.  801.4 and provide 
adequate directions to assure safe use by the lay consumers.
    Section 801.61 requires that the principal display panel of an 
over-the-counter (OTC) device in package form must bear a statement of 
the identity of the device. The statement of identity of the device 
must include the common name of the device followed by an accurate 
statement of the principal intended actions of the device. Section 
801.62 requires that the label for an OTC device in package form shall 
bear a declaration of the net quantity of contents. The label must 
express the net quantity in terms of weight, measure, numerical count, 
or a combination of numerical count and weight, measure, or size.
    Section 801.109 establishes labeling requirements for prescription 
devices, in which the label for the device must describe the 
application or use of the device and contain a cautionary statement 
restricting the device for sale by, or on the order of, an appropriate 
professional.
    Section 801.110 establishes labeling requirements for a 
prescription device delivered to the ultimate purchaser or user, by a 
licensed practitioner. The device must be accompanied by labeling 
bearing the name and address of the licensed practitioner, directions 
for use, and cautionary statements, if any, provided by the order.
    Section 801.150(e) requires a written agreement between firms 
involved in the assembling or packaging of a nonsterile device 
containing labeling that identifies the final finished device as 
sterile and then shipping such device in interstate commerce prior to 
sterilization. In addition, Sec.  801.150(e) requires that each pallet, 
carton, or other designated unit be conspicuously marked to show its 
nonsterile nature when introduced into interstate commerce and while 
being held prior to sterilization. When both requirements are met, FDA 
will take no regulatory action against the device as being misbranded 
or adulterated.
    Section 801.405(b)(1) provides for labeling requirements for 
articles, including repair kits, re-liners, pads, and cushions, 
intended for use in temporary repairs and refitting of dentures for lay 
persons. Section 801.405(b)(1) also requires that the labeling contain 
the word ``emergency'' preceding and modifying each indication-for-use 
statement for denture repair kits, and the word ``temporary'' preceding 
and modifying each indication-for-use statement for re-liners, pads, 
and cushions.
    Section 801.405(c) provides for labeling requirements that contain 
essentially the same information described under Sec.  801.405(b)(1). 
The information is intended to enable a lay person to understand the 
limitations of using OTC denture repair kits and denture re-liners, 
pads, and cushions.
    Section 801.420(c)(1) requires that manufacturers or distributors 
of hearing aids develop a user instructional brochure to be provided by 
the dispenser of the hearing aid to prospective users. The brochure 
must contain detailed information on the use and maintenance of the 
hearing aid.
    Section 801.420(c)(4) establishes requirements that the user 
instructional brochure or separate labeling provide for technical data 
elements useful for selecting, fitting, and checking the performance of 
a hearing aid. In addition, Sec.  801.420(c)(4) provides for testing 
requirements to determine that the required data elements must be 
conducted in accordance with the American National Standards Institute 
(ANSI) ``Specification of Hearing Aid Characteristics,'' ANSI S3.22-
2003 (Revision of ANSI S3.22-1996), which is incorporated by reference 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    Section 801.421(b) establishes requirements for the hearing aid 
dispenser to provide prospective users with a copy of the user 
instructional brochure along with an opportunity to review content, 
either orally or by the predominant method of communication used during 
the sale.
    Section 801.421(c) establishes requirements for the hearing aid 
dispenser to provide a copy of the user instructional brochure to the 
prospective purchaser of any hearing aid upon request, or, if the 
brochure is unavailable, provide the name and address of the 
manufacturer or distributor from which it may be obtained.
    Section 801.430(d) establishes labeling requirements for menstrual 
tampons to provide information on signs, risk factors, and ways to 
reduce the risk of Toxic Shock Syndrome (TSS).
    Section 801.430(e)(2) requires menstrual tampon package labels to 
provide information on the ranges of absorbency and absorbency term 
based on testing required under Sec.  801.430(f) and an explanation of 
selecting absorbencies that reduce the risk of contracting TSS.
    Section 801.435(b), (c), and (h) establishes requirements for 
condom labeling to bear an expiration date that is supported by testing 
that demonstrates the integrity of three random lots of the product.
    Section 809.10(a) and (b) establishes requirements that a label for 
an in vitro

[[Page 7731]]

diagnostic (IVD) device and the accompanying labeling (package insert) 
must contain information identifying its intended use, instructions for 
use, lot or control number, and source.
    Section 809.10(d) provides that the labeling requirements for 
general purpose laboratory reagents may be exempt from the requirements 
of Sec.  809.10(a) and (b) if the labeling contains information to 
include, identifying its intended use, instructions for use, lot or 
control number, and source.
    Section 809.10(e) provides that the labeling for ``Analyte Specific 
Reagents'' (ASRs) shall provide information to include, identifying the 
quantity, proportion, or concentration of each reagent ingredient, 
instructions for use, lot or control number, and source.
    Section 809.10(f) provides that the labeling for OTC test sample 
collection systems for drugs of abuse shall include, among other 
things, information on the intended use, specimen collection 
instructions, identification system, and information about use of the 
test results.
    Section 809.30(d) requires that advertising and promotional 
materials for ASRs include the identity and purity of the ASR and the 
identity of the analyte.
    Section 1040.20(d) (21 CFR 1040.20) provides that manufacturers of 
sunlamp products and ultraviolet lamps are subject to the labeling 
regulations under part 801.
    The burden estimates are based on FDA's current registration and 
listing data and shipment information.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Number of
        Activity/21 CFR section            Number of      records per    Total annual     Average burden per recordkeeping           Total hours
                                         recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Processing, labeling, or repacking               6,331             887       5,615,597  .5 (30 minutes)....................                    2,807,799
 agreement--801.150(a)(2).
Impact resistant lenses; invoices,               1,119          47,050      52,648,950  0.0008 (.05 minutes)...............                       42,119
 shipping documents, and records of
 sale or distribution--801.410(e) and
 (f).
Hearing aid records--801.421(d).......          10,000             160       1,600,000  .25 (15 minutes)...................                      400,000
Menstrual tampons, sampling plan for                16              11             176  80.................................                       14,080
 measuring absorbency--801.430(f).
Latex condoms; justification for the                51            3.65             186  1..................................                          186
 application of testing data to the
 variation of the tested product--
 801.435(g).
                                       -----------------------------------------------------------------------------------------------------------------
    Total.............................  ..............  ..............  ..............  ...................................                    3,264,184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                               Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                                                 Number of      disclosures    Total annual
           Activity/21 CFR section              respondents         per         disclosures          Average burden per disclosure          Total hours
                                                                respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contact lens cleaning solution labeling--                 25               8             200  1.........................................             200
 800.10(a)(3) and 800.12(c).
Liquid ophthalmic preparation labeling--                  25               8             200  1.........................................             200
 800.10(b)(2).
Manufacturer, packer, or distributor                  18,137               7         126,959  1.........................................         126,959
 information--801.1.
Adequate directions for use--801.5..........           8,526               6          51,156  22.35.....................................       1,143,337
Statement of identify--801.61...............           8,526               6          51,156  1.........................................          51,156
Declaration of net quantity of contents--              8,526               6          51,156  1.........................................          51,156
 801.62.
Prescription device labeling--801.109.......           9,681               6          58,086  17.77.....................................       1,032,188
Retail exemption for prescription devices--           30,000             667      20,010,000  .25 (15 minutes)..........................       5,002,500
 801.110.
Processing, labeling, or repacking; non-                 453              34          15,402  4.........................................          61,608
 sterile devices--801.150(e).
Labeling of articles intended for lay use in              35               1              35  4.........................................             140
 the repairing and/or refitting of dentures--
 801.405(b)(1).
Dentures; information regarding temporary                 35               1              35  4.........................................             140
 and emergency use--801.405(c).
Labeling requirements for hearing aids--                 124              12           1,488  40........................................          59,520
 801.420(c)(1).
Technical Data for hearing aids--                        124              12           1,488  80........................................         119,040
 801.420(c)(4).
Hearing aids, opportunity to review User              10,000             160       1,600,000  .30 (20 minutes)..........................         480,000
 Instructional Brochure--801.421(b).
Hearing aids, availability of User                    10,000               5          50,000  .17 (10 minutes)..........................           8,500
 Instructional Brochure--801.421(c).
User labeling for menstrual tampons--                     16               8             128  2.........................................             256
 801.430(d).

[[Page 7732]]

 
Menstrual tampons, ranges of absorbency--                 16               8             128  2.........................................             256
 801.430(e)(2).
User labeling for latex condoms--801.435(b),              51               6             306  100.......................................          30,600
 (c), and (h).
Labeling for IVDs--809.10(a) and (b)........           1,700               6          10,200  80........................................         816,000
Labeling for general purpose laboratory                  300               2             600  40........................................          24,000
 reagents--809.10(d)(1).
Labeling for analyte specific reagents--                 300              25           7,500  1.........................................           7,500
 809.10(e).
Labeling for OTC test sample collection                   20               1              20  100.......................................           2,000
 systems for drugs of abuse testing--
 809.10(f).
Advertising and promotional materials for                300              25           7,500  1.........................................           7,500
 ASRs--809.30(d).
Labeling of sunlamp products--1040.20(d)....              19               1              19  10........................................             190
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................       9,024,946
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The number of recordkeepers/respondents and records/disclosures has 
been adjusted to reflect updated Agency data. These adjustments result 
in an increase of 1,598,48 hours since the last OMB approval.

    Dated: February 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03608 Filed 2-21-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               7728                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               more information about FDA’s posting                    orally or in writing, on issues pending               DEPARTMENT OF HEALTH AND
                                               of comments to public dockets, see 80                   before the committee. All electronic and              HUMAN SERVICES
                                               FR 56469, September 18, 2015, or access                 written submissions submitted to the
                                               the information at: https://www.gpo.gov/                docket (see ADDRESSES) on or before                   Food and Drug Administration
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                       April 5, 2018, will be provided to the                [Docket No. FDA–2014–N–1048]
                                               23389.pdf.                                              committee. Oral presentations from the
                                                  Docket: For access to the docket to                  public will be scheduled between                      Agency Information Collection
                                               read background documents or the                        approximately 10:30 a.m. and 11:30 a.m.               Activities; Proposed Collection;
                                               electronic and written/paper comments                   Those individuals interested in making                Comment Request; Medical Device
                                               received, go to https://                                formal oral presentations should notify               Labeling Regulations
                                               www.regulations.gov and insert the                      the contact person and submit a brief
                                               docket number, found in brackets in the                                                                       AGENCY:    Food and Drug Administration,
                                                                                                       statement of the general nature of the                HHS.
                                               heading of this document, into the
                                                                                                       evidence or arguments they wish to                    ACTION:   Notice.
                                               ‘‘Search’’ box and follow the prompts
                                               and/or go to the Dockets Management                     present, the names and addresses of
                                                                                                       proposed participants, and an                         SUMMARY:   The Food and Drug
                                               Staff, 5630 Fishers Lane, Rm. 1061,                                                                           Administration (FDA or Agency) is
                                               Rockville, MD 20852.                                    indication of the approximate time
                                                                                                       requested to make their presentation on               announcing an opportunity for public
                                               FOR FURTHER INFORMATION CONTACT:                                                                              comment on the proposed collection of
                                               Moon Hee V. Choi, Center for Drug                       or before March 28, 2018. Time allotted
                                                                                                       for each presentation may be limited. If              certain information by the Agency.
                                               Evaluation and Research, Food and                                                                             Under the Paperwork Reduction Act of
                                               Drug Administration, 10903 New                          the number of registrants requesting to
                                                                                                                                                             1995 (PRA), Federal Agencies are
                                               Hampshire Ave., Bldg. 31, Rm. 2417,                     speak is greater than can be reasonably               required to publish notice in the
                                               Silver Spring, MD 20993–0002, 301–                      accommodated during the scheduled                     Federal Register concerning each
                                               796–9001, Fax: 301–847–8533, email:                     open public hearing session, FDA may                  proposed collection of information,
                                               PCNS@fda.hhs.gov, or FDA Advisory                       conduct a lottery to determine the                    including each proposed extension of an
                                               Committee Information Line, 1–800–                      speakers for the scheduled open public                existing collection of information, and
                                               741–8138 (301–443–0572 in the                           hearing session. The contact person will              to allow 60 days for public comment in
                                               Washington, DC area). A notice in the                   notify interested persons regarding their             response to the notice. This notice
                                               Federal Register about last minute                      request to speak by March 29, 2018.                   solicits comments on Medical Device
                                               modifications that impact a previously                     Persons attending FDA’s advisory                   Labeling Regulations.
                                               announced advisory committee meeting                    committee meetings are advised that                   DATES: Submit either electronic or
                                               cannot always be published quickly                      FDA is not responsible for providing                  written comments on the collection of
                                               enough to provide timely notice.                        access to electrical outlets.                         information by April 23, 2018.
                                               Therefore, you should always check the                                                                        ADDRESSES: You may submit comments
                                               FDA’s website at https://www.fda.gov/                      For press inquiries, please contact the
                                                                                                       Office of Media Affairs at fdaoma@                    as follows. Please note that late,
                                               AdvisoryCommittees/default.htm and                                                                            untimely filed comments will not be
                                               scroll down to the appropriate advisory                 fda.hhs.gov or 301–796–4540.
                                                                                                                                                             considered. Electronic comments must
                                               committee meeting link, or call the                        FDA welcomes the attendance of the                 be submitted on or before April 23,
                                               advisory committee information line to                  public at its advisory committee                      2018. The https://www.regulations.gov
                                               learn about possible modifications                      meetings and will make every effort to                electronic filing system will accept
                                               before coming to the meeting.                           accommodate persons with disabilities.                comments until midnight Eastern Time
                                               SUPPLEMENTARY INFORMATION:                              If you require accommodations due to a                at the end of April 23, 2018. Comments
                                                  Agenda: The committee will discuss                   disability, please contact Moon Hee V.                received by mail/hand delivery/courier
                                               new drug application (NDA) 210365,                      Choi (see FOR FURTHER INFORMATION                     (for written/paper submissions) will be
                                               cannabidiol oral solution, sponsored by                 CONTACT) at least 7 days in advance of                considered timely if they are
                                               GW Pharmaceuticals, for the adjunctive                  the meeting.                                          postmarked or the delivery service
                                               treatment of seizures associated with                                                                         acceptance receipt is on or before that
                                               Lennox-Gastaut syndrome or Dravet                          FDA is committed to the orderly
                                                                                                       conduct of its advisory committee                     date.
                                               syndrome in patients 2 years of age and
                                               older.                                                  meetings. Please visit our website at                 Electronic Submissions
                                                  FDA intends to make background                       https://www.fda.gov/                                    Submit electronic comments in the
                                               material available to the public no later               AdvisoryCommittees/                                   following way:
                                               than 2 business days before the meeting.                AboutAdvisoryCommittees/                                • Federal eRulemaking Portal:
                                               If FDA is unable to post the background                 ucm111462.htm for procedures on                       https://www.regulations.gov. Follow the
                                               material on its website prior to the                    public conduct during advisory                        instructions for submitting comments.
                                               meeting, the background material will                   committee meetings.                                   Comments submitted electronically,
                                               be made publicly available at the                          Notice of this meeting is given under              including attachments, to https://
                                               location of the advisory committee                      the Federal Advisory Committee Act (5                 www.regulations.gov will be posted to
                                               meeting, and the background material                    U.S.C. app. 2).                                       the docket unchanged. Because your
                                               will be posted on FDA’s website after                                                                         comment will be made public, you are
                                               the meeting. Background material is                       Dated: February 15, 2018.                           solely responsible for ensuring that your
daltland on DSKBBV9HB2PROD with NOTICES




                                               available at https://www.fda.gov/                       Leslie Kux,                                           comment does not include any
                                               AdvisoryCommittees/Calendar/                            Associate Commissioner for Policy.                    confidential information that you or a
                                               default.htm. Scroll down to the                         [FR Doc. 2018–03603 Filed 2–21–18; 8:45 am]           third party may not wish to be posted,
                                               appropriate advisory committee meeting                  BILLING CODE 4164–01–P
                                                                                                                                                             such as medical information, your or
                                               link.                                                                                                         anyone else’s Social Security number, or
                                                  Procedure: Interested persons may                                                                          confidential business information, such
                                               present data, information, or views,                                                                          as a manufacturing process. Please note


                                          VerDate Sep<11>2014   20:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                             7729

                                               that if you include your name, contact                  ‘‘confidential.’’ Any information marked              respondents, including through the use
                                               information, or other information that                  as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                               identifies you in the body of your                      except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                               comments, that information will be                      and other applicable disclosure law. For              information technology.
                                               posted on https://www.regulations.gov.                  more information about FDA’s posting
                                                 • If you want to submit a comment                                                                           Medical Device Labeling Regulations—
                                                                                                       of comments to public dockets, see 80
                                               with confidential information that you                  FR 56469, September 18, 2015, or access               21 CFR parts 800, 801, and 809
                                               do not wish to be made available to the                 the information at: https://www.gpo.gov/              OMB Control Number 0910–0485—
                                               public, submit the comment as a                         fdsys/pkg/FR-2015-09-18/pdf/2015-                     Extension
                                               written/paper submission and in the                     23389.pdf.                                               Section 502 of the Federal Food, Drug,
                                               manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to
                                                                                                                                                             and Cosmetic Act (FD&C Act) (21 U.S.C.
                                               Submissions’’ and ‘‘Instructions’’).                    read background documents or the
                                                                                                                                                             352), among other things, establishes
                                                                                                       electronic and written/paper comments
                                               Written/Paper Submissions                                                                                     requirements for the label or labeling of
                                                                                                       received, go to https://
                                                  Submit written/paper submissions as                                                                        a medical device so that it is not
                                                                                                       www.regulations.gov and insert the
                                               follows:                                                                                                      misbranded and subject to a regulatory
                                                                                                       docket number, found in brackets in the
                                                  • Mail/Hand delivery/Courier (for                    heading of this document, into the
                                                                                                                                                             action. Certain provisions under section
                                               written/paper submissions): Dockets                                                                           502 of the FD&C Act require
                                                                                                       ‘‘Search’’ box and follow the prompts
                                               Management Staff (HFA–305), Food and                                                                          manufacturers, importers, and
                                                                                                       and/or go to the Dockets Management
                                               Drug Administration, 5630 Fishers                                                                             distributors of medical devices to
                                                                                                       Staff, 5630 Fishers Lane, Rm. 1061,
                                               Lane, Rm. 1061, Rockville, MD 20852.                                                                          disclose information about themselves
                                                                                                       Rockville, MD 20852.
                                                  • For written/paper comments                                                                               or the devices on the labels or labeling
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               submitted to the Dockets Management                                                                           for the devices.
                                               Staff, FDA will post your comment, as                   Amber Sanford, Office of Operations,                     Section 502(b) of the FD&C Act
                                               well as any attachments, except for                     Food and Drug Administration, Three                   requires that for packaged devices, the
                                               information submitted, marked and                       White Flint North, 10A–12M, 11601                     label must bear the name and place of
                                               identified, as confidential, if submitted               Landsdown St., North Bethesda, MD                     business of the manufacturer, packer, or
                                               as detailed in ‘‘Instructions.’’                        20852, 301–796–8867, PRAStaff@                        distributor; and an accurate statement of
                                                  Instructions: All submissions received               fda.hhs.gov.                                          the quantity of the contents. Section
                                               must include the Docket No. FDA–                        SUPPLEMENTARY INFORMATION: Under the                  502(f) of the FD&C Act requires that the
                                               2014–N–1048 for ‘‘Agency Information                    PRA (44 U.S.C. 3501–3520), Federal                    labeling for a device must contain
                                               Collection Activities; Proposed                         Agencies must obtain approval from the                adequate directions for use. FDA may,
                                               Collection; Comment Request; Medical                    Office of Management and Budget                       however, grant an exemption if the
                                               Device Labeling Regulations.’’ Received                 (OMB) for each collection of                          Agency determines that the adequate
                                               comments, those filed in a timely                       information they conduct or sponsor.                  directions for use labeling requirements
                                               manner (see ADDRESSES), will be placed                  ‘‘Collection of information’’ is defined              are not necessary for the particular case
                                               in the docket and, except for those                     in 44 U.S.C. 3502(3) and 5 CFR                        as it relates to protection of the public
                                               submitted as ‘‘Confidential                             1320.3(c) and includes Agency requests                health.
                                               Submissions,’’ publicly viewable at                     or requirements that members of the                      FDA regulations under parts 800, 801,
                                               https://www.regulations.gov or at the                   public submit reports, keep records, or               and 809 (21 CFR parts 800, 801, and
                                               Dockets Management Staff between 9                      provide information to a third party.                 809) require disclosure of specific
                                               a.m. and 4 p.m., Monday through                         Section 3506(c)(2)(A) of the PRA (44                  information by manufacturers,
                                               Friday.                                                 U.S.C. 3506(c)(2)(A)) requires Federal                importers, and distributors of medical
                                                  • Confidential Submissions—To                        Agencies to provide a 60-day notice in                devices about themselves or the devices,
                                               submit a comment with confidential                      the Federal Register concerning each                  on the label or labeling for the devices,
                                               information that you do not wish to be                  proposed collection of information,                   to health professionals and consumers.
                                               made publicly available, submit your                    including each proposed extension of an               Most of the regulations under parts 800,
                                               comments only as a written/paper                        existing collection of information,                   801, and 809 are derived from
                                               submission. You should submit two                       before submitting the collection to OMB               requirements of section 502 of the FD&C
                                               copies total. One copy will include the                 for approval. To comply with this                     Act. Section 502 provides, in part, that
                                               information you claim to be confidential                requirement, FDA is publishing notice                 a device shall be misbranded if, among
                                               with a heading or cover note that states                of the proposed collection of                         other things, its label or labeling fails to
                                               ‘‘THIS DOCUMENT CONTAINS                                information set forth in this document.               bear certain required information
                                               CONFIDENTIAL INFORMATION.’’ The                            With respect to the following                      concerning the device, is false or
                                               Agency will review this copy, including                 collection of information, FDA invites                misleading in any particular way, or
                                               the claimed confidential information, in                comments on these topics: (1) Whether                 fails to contain adequate directions for
                                               its consideration of comments. The                      the proposed collection of information                use.
                                               second copy, which will have the                        is necessary for the proper performance
                                               claimed confidential information                        of FDA’s functions, including whether                 Recordkeeping Burden
                                               redacted/blacked out, will be available                 the information will have practical                     Section 801.150(a)(2) establishes
                                               for public viewing and posted on                        utility; (2) the accuracy of FDA’s                    recordkeeping requirements for
                                               https://www.regulations.gov. Submit                     estimate of the burden of the proposed                manufacturers of devices to retain a
daltland on DSKBBV9HB2PROD with NOTICES




                                               both copies to the Dockets Management                   collection of information, including the              copy of the agreement containing the
                                               Staff. If you do not wish your name and                 validity of the methodology and                       specifications for the processing,
                                               contact information to be made publicly                 assumptions used; (3) ways to enhance                 labeling, or repacking of the device for
                                               available, you can provide this                         the quality, utility, and clarity of the              2 years after the final shipment or
                                               information on the cover sheet and not                  information to be collected; and (4)                  delivery of the device. Section
                                               in the body of your comments and you                    ways to minimize the burden of the                    801.150(a)(2) also requires that the
                                               must identify this information as                       collection of information on                          subject respondents make copies of this


                                          VerDate Sep<11>2014   20:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                               7730                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               agreement available for inspection at                      Section 801.61 requires that the                   information is intended to enable a lay
                                               any reasonable hour to any officer or                   principal display panel of an over-the-               person to understand the limitations of
                                               employee of the Department of Health                    counter (OTC) device in package form                  using OTC denture repair kits and
                                               and Human Services (HHS) who                            must bear a statement of the identity of              denture re-liners, pads, and cushions.
                                               requests them.                                          the device. The statement of identity of                 Section 801.420(c)(1) requires that
                                                  Section 801.410(e) requires copies of                the device must include the common                    manufacturers or distributors of hearing
                                               invoices, shipping documents, and                       name of the device followed by an                     aids develop a user instructional
                                               records of sale or distribution of all                  accurate statement of the principal                   brochure to be provided by the
                                               impact resistant lenses, including                      intended actions of the device. Section               dispenser of the hearing aid to
                                               finished eyeglasses and sunglasses, be                  801.62 requires that the label for an OTC             prospective users. The brochure must
                                               maintained for 3 years by the retailer                  device in package form shall bear a                   contain detailed information on the use
                                               and made available upon request by any                  declaration of the net quantity of                    and maintenance of the hearing aid.
                                               officer or employee of FDA or by any                    contents. The label must express the net                 Section 801.420(c)(4) establishes
                                               other officer or employee acting on                     quantity in terms of weight, measure,                 requirements that the user instructional
                                               behalf of the Secretary of HHS.                         numerical count, or a combination of                  brochure or separate labeling provide
                                                  Section 801.410(f) requires that the                 numerical count and weight, measure,                  for technical data elements useful for
                                               results of impact tests and description of              or size.                                              selecting, fitting, and checking the
                                               the test method and apparatus be                           Section 801.109 establishes labeling               performance of a hearing aid. In
                                               retained for a period of 3 years.                       requirements for prescription devices,                addition, § 801.420(c)(4) provides for
                                                                                                       in which the label for the device must                testing requirements to determine that
                                                  Section 801.421(d) establishes
                                                                                                       describe the application or use of the                the required data elements must be
                                               requirements for hearing aid dispensers
                                                                                                       device and contain a cautionary                       conducted in accordance with the
                                               to retain copies of all physician
                                                                                                       statement restricting the device for sale             American National Standards Institute
                                               statements or any waivers of medical
                                                                                                       by, or on the order of, an appropriate                (ANSI) ‘‘Specification of Hearing Aid
                                               evaluation for 3 years after dispensing
                                                                                                       professional.                                         Characteristics,’’ ANSI S3.22–2003
                                               the hearing aid.
                                                                                                          Section 801.110 establishes labeling               (Revision of ANSI S3.22–1996), which
                                                  Section 801.430(f) requires                          requirements for a prescription device                is incorporated by reference in
                                               manufacturers of menstrual tampons to                   delivered to the ultimate purchaser or                accordance with 5 U.S.C. 552(a) and 1
                                               devise and follow an ongoing sampling                   user, by a licensed practitioner. The                 CFR part 51.
                                               plan for measuring the absorbency of                    device must be accompanied by labeling                   Section 801.421(b) establishes
                                               menstrual tampons. In addition,                         bearing the name and address of the                   requirements for the hearing aid
                                               manufacturers must use the method and                   licensed practitioner, directions for use,            dispenser to provide prospective users
                                               testing parameters described in                         and cautionary statements, if any,                    with a copy of the user instructional
                                               § 801.430(f).                                           provided by the order.                                brochure along with an opportunity to
                                                  Section 801.435(g) requires latex                       Section 801.150(e) requires a written              review content, either orally or by the
                                               condom manufacturers to document and                    agreement between firms involved in                   predominant method of communication
                                               provide, upon request, an appropriate                   the assembling or packaging of a                      used during the sale.
                                               justification for the application of the                nonsterile device containing labeling                    Section 801.421(c) establishes
                                               testing data from one product on any                    that identifies the final finished device             requirements for the hearing aid
                                               variation of that product to support                    as sterile and then shipping such device              dispenser to provide a copy of the user
                                               expiration dating in the user labeling.                 in interstate commerce prior to                       instructional brochure to the
                                               Third-Party Disclosure Burden                           sterilization. In addition, § 801.150(e)              prospective purchaser of any hearing
                                                                                                       requires that each pallet, carton, or other           aid upon request, or, if the brochure is
                                                 Sections 800.10(a)(3) and 800.12(c)                   designated unit be conspicuously                      unavailable, provide the name and
                                               require that the label for contact lens                 marked to show its nonsterile nature                  address of the manufacturer or
                                               cleaning solutions bear a prominent                     when introduced into interstate                       distributor from which it may be
                                               statement alerting consumers of the                     commerce and while being held prior to                obtained.
                                               tamper-resistant feature. Further,                      sterilization. When both requirements                    Section 801.430(d) establishes
                                               § 800.12 requires that packaged contact                 are met, FDA will take no regulatory                  labeling requirements for menstrual
                                               lens cleaning solutions contain a                       action against the device as being                    tampons to provide information on
                                               tamper-resistant feature to prevent                     misbranded or adulterated.                            signs, risk factors, and ways to reduce
                                               malicious adulteration.                                    Section 801.405(b)(1) provides for                 the risk of Toxic Shock Syndrome
                                                 Section 800.10(b)(2) requires that the                labeling requirements for articles,                   (TSS).
                                               labeling for liquid ophthalmic                          including repair kits, re-liners, pads,                  Section 801.430(e)(2) requires
                                               preparations packed in multiple-dose                    and cushions, intended for use in                     menstrual tampon package labels to
                                               containers provide information on the                   temporary repairs and refitting of                    provide information on the ranges of
                                               duration of use and the necessary                       dentures for lay persons. Section                     absorbency and absorbency term based
                                               warning information to afford adequate                  801.405(b)(1) also requires that the                  on testing required under § 801.430(f)
                                               protection from contamination during                    labeling contain the word ‘‘emergency’’               and an explanation of selecting
                                               use.                                                    preceding and modifying each                          absorbencies that reduce the risk of
                                                 Section 801.1 requires that the label                 indication-for-use statement for denture              contracting TSS.
                                               for a device in package form contain the                repair kits, and the word ‘‘temporary’’                  Section 801.435(b), (c), and (h)
daltland on DSKBBV9HB2PROD with NOTICES




                                               name and place of business of the                       preceding and modifying each                          establishes requirements for condom
                                               manufacturer, packer, or distributor.                   indication-for-use statement for re-                  labeling to bear an expiration date that
                                                 Section 801.5 requires that labeling                  liners, pads, and cushions.                           is supported by testing that
                                               for a device include information on                        Section 801.405(c) provides for                    demonstrates the integrity of three
                                               intended use as defined under § 801.4                   labeling requirements that contain                    random lots of the product.
                                               and provide adequate directions to                      essentially the same information                         Section 809.10(a) and (b) establishes
                                               assure safe use by the lay consumers.                   described under § 801.405(b)(1). The                  requirements that a label for an in vitro


                                          VerDate Sep<11>2014   20:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                                                                  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                                                                                  7731

                                               diagnostic (IVD) device and the                                           Section 809.10(e) provides that the                                             Section 809.30(d) requires that
                                               accompanying labeling (package insert)                                  labeling for ‘‘Analyte Specific Reagents’’                                      advertising and promotional materials
                                               must contain information identifying its                                (ASRs) shall provide information to                                             for ASRs include the identity and purity
                                               intended use, instructions for use, lot or                              include, identifying the quantity,                                              of the ASR and the identity of the
                                               control number, and source.                                             proportion, or concentration of each                                            analyte.
                                                                                                                       reagent ingredient, instructions for use,                                         Section 1040.20(d) (21 CFR 1040.20)
                                                 Section 809.10(d) provides that the
                                                                                                                       lot or control number, and source.                                              provides that manufacturers of sunlamp
                                               labeling requirements for general
                                                                                                                                                                                                       products and ultraviolet lamps are
                                               purpose laboratory reagents may be                                        Section 809.10(f) provides that the                                           subject to the labeling regulations under
                                               exempt from the requirements of                                         labeling for OTC test sample collection                                         part 801.
                                               § 809.10(a) and (b) if the labeling                                     systems for drugs of abuse shall include,                                         The burden estimates are based on
                                               contains information to include,                                        among other things, information on the                                          FDA’s current registration and listing
                                               identifying its intended use,                                           intended use, specimen collection                                               data and shipment information.
                                               instructions for use, lot or control                                    instructions, identification system, and                                          FDA estimates the burden of this
                                               number, and source.                                                     information about use of the test results.                                      collection of information as follows:
                                                                                                       TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                       Number of
                                                                                                         Number of                                              Total annual                Average burden per
                                                       Activity/21 CFR section                                                        records per                                                                                              Total hours
                                                                                                       recordkeepers                                              records                     recordkeeping
                                                                                                                                     recordkeeper

                                               Processing, labeling, or repacking                                     6,331                           887             5,615,597            .5 (30 minutes) ..........                                     2,807,799
                                                 agreement—801.150(a)(2).
                                               Impact resistant lenses; invoices,                                     1,119                      47,050             52,648,950             0.0008 (.05 minutes)                                               42,119
                                                 shipping documents, and records
                                                 of sale or distribution—801.410(e)
                                                 and (f).
                                               Hearing aid records—801.421(d) ....                                  10,000                            160             1,600,000            .25 (15 minutes) ........                                         400,000
                                               Menstrual tampons, sampling plan                                         16                             11                   176            80 ..............................                                  14,080
                                                 for    measuring      absorbency—
                                                 801.430(f).
                                               Latex condoms; justification for the                                       51                        3.65                         186       1 ................................                                   186
                                                 application of testing data to the
                                                 variation of the tested product—
                                                 801.435(g).

                                                    Total ..........................................   ........................     ........................   ........................    ....................................                           3,264,184
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                             TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                               Number of
                                                                                                                                    Number of                  disclosures                Total annual              Average burden per
                                                                  Activity/21 CFR section                                                                                                                                                              Total hours
                                                                                                                                   respondents                     per                    disclosures                   disclosure
                                                                                                                                                               respondent

                                               Contact     lens    cleaning     solution     labeling—                                              25                           8                       200      1 ................................            200
                                                 800.10(a)(3) and 800.12(c).
                                               Liquid     ophthalmic      preparation        labeling—                                              25                           8                       200      1 ................................            200
                                                 800.10(b)(2).
                                               Manufacturer, packer, or distributor information—                                             18,137                              7                126,959         1 ................................         126,959
                                                 801.1.
                                               Adequate directions for use—801.5 ........................                                     8,526                            6                 51,156           22.35 .........................         1,143,337
                                               Statement of identify—801.61 .................................                                 8,526                            6                 51,156           1 ................................         51,156
                                               Declaration of net quantity of contents—801.62 .....                                           8,526                            6                 51,156           1 ................................         51,156
                                               Prescription device labeling—801.109 ....................                                      9,681                            6                 58,086           17.77 .........................         1,032,188
                                               Retail exemption for prescription devices—801.110                                             30,000                          667             20,010,000           .25 (15 minutes) ........               5,002,500
                                               Processing, labeling, or repacking; non-sterile de-                                              453                           34                 15,402           4 ................................         61,608
                                                 vices—801.150(e).
                                               Labeling of articles intended for lay use in the re-                                                 35                           1                         35     4 ................................            140
                                                 pairing     and/or    refitting    of     dentures—
                                                 801.405(b)(1).
                                               Dentures; information regarding temporary and                                                        35                           1                         35     4 ................................            140
                                                 emergency use—801.405(c).
daltland on DSKBBV9HB2PROD with NOTICES




                                               Labeling     requirements      for   hearing        aids—                                          124                          12                     1,488       40 ..............................           59,520
                                                 801.420(c)(1).
                                               Technical Data for hearing aids—801.420(c)(4) .....                                              124                           12                   1,488          80 ..............................          119,040
                                               Hearing aids, opportunity to review User Instruc-                                             10,000                          160               1,600,000          .30 (20 minutes) ........                  480,000
                                                 tional Brochure—801.421(b).
                                               Hearing aids, availability of User Instructional Bro-                                         10,000                              5                  50,000        .17 (10 minutes) ........                    8,500
                                                 chure—801.421(c).
                                               User labeling for menstrual tampons—801.430(d) ..                                                    16                           8                       128      2 ................................            256



                                          VerDate Sep<11>2014       20:10 Feb 21, 2018        Jkt 244001      PO 00000            Frm 00078      Fmt 4703       Sfmt 4703       E:\FR\FM\22FEN1.SGM                22FEN1


                                               7732                                Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                                                                  TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued
                                                                                                                                                            Number of
                                                                                                                                 Number of                  disclosures               Total annual               Average burden per
                                                                  Activity/21 CFR section                                                                                                                                                              Total hours
                                                                                                                                respondents                     per                   disclosures                    disclosure
                                                                                                                                                            respondent

                                               Menstrual tampons, ranges of absorbency—                                                            16                           8                      128      2 ................................              256
                                                 801.430(e)(2).
                                               User labeling for latex condoms—801.435(b), (c),                                                    51                           6                     306       100 ............................             30,600
                                                 and (h).
                                               Labeling for IVDs—809.10(a) and (b) .....................                                      1,700                            6                  10,200        80 ..............................          816,000
                                               Labeling for general purpose laboratory reagents—                                                300                            2                     600        40 ..............................           24,000
                                                 809.10(d)(1).
                                               Labeling for analyte specific reagents—809.10(e) ..                                               300                          25                    7,500       1 ................................            7,500
                                               Labeling for OTC test sample collection systems                                                    20                           1                       20       100 ............................              2,000
                                                 for drugs of abuse testing—809.10(f).
                                               Advertising and promotional materials for ASRs—                                                  300                           25                   7,500        1 ................................            7,500
                                                 809.30(d).
                                               Labeling of sunlamp products—1040.20(d) .............                                               19                           1                       19      10 ..............................               190

                                                    Total ..................................................................   ........................   ........................   ........................   ....................................      9,024,946
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                 The number of recordkeepers/                                           incorrect may submit either electronic                                       as a manufacturing process. Please note
                                               respondents and records/disclosures has                                  or written comments and ask for a                                            that if you include your name, contact
                                               been adjusted to reflect updated Agency                                  redetermination by April 23, 2018.                                           information, or other information that
                                               data. These adjustments result in an                                     Furthermore, any interested person may                                       identifies you in the body of your
                                               increase of 1,598,48 hours since the last                                petition FDA for a determination                                             comments, that information will be
                                               OMB approval.                                                            regarding whether the applicant for                                          posted on https://www.regulations.gov.
                                                 Dated: February 14, 2018.                                              extension acted with due diligence                                             • If you want to submit a comment
                                               Leslie Kux,
                                                                                                                        during the regulatory review period by                                       with confidential information that you
                                                                                                                        August 21, 2018. See ‘‘Petitions’’ in the                                    do not wish to be made available to the
                                               Associate Commissioner for Policy.
                                                                                                                        SUPPLEMENTARY INFORMATION section for                                        public, submit the comment as a
                                               [FR Doc. 2018–03608 Filed 2–21–18; 8:45 am]
                                                                                                                        more information.                                                            written/paper submission and in the
                                               BILLING CODE 4164–01–P
                                                                                                                        ADDRESSES: You may submit comments                                           manner detailed (see ‘‘Written/Paper
                                                                                                                        as follows. Please note that late,                                           Submissions’’ and ‘‘Instructions’’).
                                               DEPARTMENT OF HEALTH AND                                                 untimely filed comments will not be                                          Written/Paper Submissions
                                               HUMAN SERVICES                                                           considered. Electronic comments must
                                                                                                                        be submitted on or before April 23,                                             Submit written/paper submissions as
                                               Food and Drug Administration                                             2018. The https://www.regulations.gov                                        follows:
                                                                                                                        electronic filing system will accept                                            • Mail/Hand delivery/Courier (for
                                               [Docket Nos. FDA–2015–E–4674, FDA–                                                                                                                    written/paper submissions): Dockets
                                               2015–E–4696, FDA–2015–E–4700, FDA–
                                                                                                                        comments until midnight Eastern Time
                                               2015–E–4703, and FDA–2015–E–4704]                                        at the end of April 23, 2018. Comments                                       Management Staff (HFA–305), Food and
                                                                                                                        received by mail/hand delivery/courier                                       Drug Administration, 5630 Fishers
                                               Determination of Regulatory Review                                       (for written/paper submissions) will be                                      Lane, Rm. 1061, Rockville, MD 20852.
                                               Period for Purposes of Patent                                            considered timely if they are                                                   • For written/paper comments
                                               Extension; ESBRIET                                                       postmarked or the delivery service                                           submitted to the Dockets Management
                                                                                                                        acceptance receipt is on or before that                                      Staff, FDA will post your comment, as
                                               AGENCY:      Food and Drug Administration,                               date.                                                                        well as any attachments, except for
                                               HHS.                                                                                                                                                  information submitted, marked and
                                               ACTION:     Notice.                                                      Electronic Submissions
                                                                                                                                                                                                     identified, as confidential, if submitted
                                                                                                                          Submit electronic comments in the                                          as detailed in ‘‘Instructions.’’
                                               SUMMARY:   The Food and Drug                                             following way:                                                                  Instructions: All submissions received
                                               Administration (FDA or the Agency) has                                     • Federal eRulemaking Portal:                                              must include the Docket Nos. FDA–
                                               determined the regulatory review period                                  https://www.regulations.gov. Follow the                                      2015–E–4674, FDA–2015–E–4696,
                                               for ESBRIET and is publishing this                                       instructions for submitting comments.                                        FDA–2015–E–4700, FDA–2015–E–4703,
                                               notice of that determination as required                                 Comments submitted electronically,                                           and FDA–2015–E–4704 for
                                               by law. FDA has made the                                                 including attachments, to https://                                           ‘‘Determination of Regulatory Review
                                               determination because of the                                             www.regulations.gov will be posted to                                        Period for Purposes of Patent Extension;
                                               submission of applications to the                                        the docket unchanged. Because your                                           ESBRIET.’’ Received comments, those
                                               Director of the U.S. Patent and                                          comment will be made public, you are                                         filed in a timely manner (see
daltland on DSKBBV9HB2PROD with NOTICES




                                               Trademark Office (USPTO), Department                                     solely responsible for ensuring that your                                    ADDRESSES), will be placed in the
                                               of Commerce, for the extension of a                                      comment does not include any                                                 dockets and, except for those submitted
                                               patent which claims that human drug                                      confidential information that you or a                                       as ‘‘Confidential Submissions,’’ publicly
                                               product.                                                                 third party may not wish to be posted,                                       viewable at https://www.regulations.gov
                                               DATES:  Anyone with knowledge that any                                   such as medical information, your or                                         or at the Dockets Management Staff
                                               of the dates as published (in the                                        anyone else’s Social Security number, or                                     between 9 a.m. and 4 p.m., Monday
                                               SUPPLEMENTARY INFORMATION section) are                                   confidential business information, such                                      through Friday.


                                          VerDate Sep<11>2014       20:10 Feb 21, 2018         Jkt 244001       PO 00000       Frm 00079        Fmt 4703       Sfmt 4703       E:\FR\FM\22FEN1.SGM              22FEN1



Document Created: 2018-02-22 02:50:53
Document Modified: 2018-02-22 02:50:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by April 23, 2018.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation83 FR 7728 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR