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)

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


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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.

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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
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\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\
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                                                                 Number of
                                                 Number of      disclosures    Total annual
           Activity/21 CFR section              respondents         per         disclosures          Average burden per disclosure          Total hours
                                                                respondent
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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
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\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