Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Devices; Device Tracking, 21631-21632 [E8-8682]

Download as PDF Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Notices DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Food and Drug Administration [Docket No. FDA–2008–N–0050] [Docket No. FDA–2006–D–0302] (formerly Docket No. 2006D–0419) Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Voluntary National Retail Food Regulatory Program Standards AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a collection of information entitled ‘‘Voluntary National Retail Food Regulatory Program Standards’’ has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827– 4659. In the Federal Register of January 15, 2008 (73 FR 2500), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910–0621. The approval expires on March 31, 2011. A copy of the supporting statement for this information collection is available on the Internet at https://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: Dated: April 15, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–8680 Filed 4–21–08; 8:45 am] sroberts on PROD1PC70 with NOTICES BILLING CODE 4160–01–S VerDate Aug<31>2005 16:25 Apr 21, 2008 Jkt 214001 Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Devices; Device Tracking AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by May 22, 2008. To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–6974, or e-mailed to baguilar@omb.eop.gov. All comments should be identified with the OMB control number 0910–0442. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of the Chief Information Officer (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827– 1472. In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. SUPPLEMENTARY INFORMATION: Medical Devices; Device Tracking— (OMB Control Number 0910–0442)— Extension Section 211 of the Food and Drug Administration Modernization Act (FDAMA) (Public Law 105–115) became effective on February 19, 1998. FDAMA amended the previous medical device tracking provisions under section 519(e)(1) and (e)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360i(e)(1) and (e)(2)) and were added by the Safe Medical Devices Act of 1990 (SMDA) (Public Law 101–629). Unlike the tracking provisions under PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 21631 SMDA which required tracking of any medical device meeting certain criteria, FDAMA allows FDA discretion in applying tracking provisions to medical devices meeting certain criteria, and provides that tracking requirements for medical devices can be imposed only after FDA issues an order. In the Federal Register of February 8, 2002 (67 FR 5943), FDA issued a final rule which conformed existing tracking regulations to changes in tracking provisions effected by FDAMA under part 821 (21 CFR part 821)). Section 519(e)(1) of the act, as amended by FDAMA provides that FDA may require by order, that a manufacturer adopt a method for tracking a class II or III medical device, if the device meets one of the three following criteria: (1) The failure of the device would be reasonably likely to have serious adverse health consequences, (2) the device is intended to be implanted in the human body for more than 1 year (referred to as a ‘‘tracked implant’’), or (3) the device is life-sustaining or life-supporting (referred to as a ‘‘tracked l/s-l/s device’’) and is used outside a device user facility. Tracked device information is collected to facilitate identifying the current location of medical devices and patients possessing those devices, to the extent that patients permit the collection of identifying information. Manufacturers and FDA (where necessary), use the data to: (1) Expedite the recall of distributed medical devices that are dangerous or defective and (2) facilitate the timely notification of patients or licensed practitioners of the risks associated with the medical device. In addition, the regulations include provisions for: (1) Exemptions and variances, (2) system and content requirements for tracking, (3) obligations of persons other than device manufacturers, e.g., distributors; records and inspection requirements, (4) confidentiality, and (5) record retention requirements. Respondents for this collection of information are medical device manufacturers, importers, and distributors of tracked implants or tracked l/s-l/s devices used outside a device user facility. Distributors include multiple and final distributors, including hospitals. In the Federal Register of February 5, 2008 (73 FR 6729), FDA published a 60day notice requesting public comment on the information collection provisions. No comments were received. E:\FR\FM\22APN1.SGM 22APN1 21632 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Notices TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 CFR Sections No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 821.2 and 821.30(e) 4 1 4 12 48 821.25(a) 1 1 1 76 76 821.25(d) 22 1 22 2 44 17,000 72 1,222,725 0.1666 203,706 1 1 1 28 28 17,000 15 259,186 0.1666 43,180 821.30(a) and (b) 821.30(c)(2) 821.30(d) Total 1 There 247,082 are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1 No. of Recordkeepers CFR Sections Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours 821.25(b) 229 46,260 10,593,433 0.2899 3,071,036 821.25(c) 229 1 229 63.0 14,430 821.25(c)(3) 229 1,124 257,454 0.2899 74,636 TOTAL sroberts on PROD1PC70 with NOTICES 1 There 3,160,102 are no capital costs or operating and maintenance costs associated with this collection of information. The annual hourly reporting burden for respondents involved in medical device tracking is estimated to be 247,082 hours, and the annual recordkeeping burden for these respondents is estimated to be 3,160,102 hours. These numbers have been rounded up. The burden estimates cited in tables 1 and 2 of this notice are based primarily upon the data and methods provided in FDA’s assessment for fiscal year (FY) 1999 entitled ‘‘A Cost Assessment of Medical Device Tracking.’’ Using implantation procedures from the National Center for Health Statistics, FDA applied a 2percent annual growth rate to estimate the number of procedures for tracked implant devices for FY 1997 through FY 2006. This assessment also used unit shipment data in combination with various growth rates to estimate annual sales distribution for the tracked l/s-l/s devices over the same time period. In addition, the assessment also estimated the burden on industry for developing and maintaining tracking systems for these medical devices for FY 1997 through FY 2006. For the annual recordkeeping burden, the number of respondent medical device manufacturers subject to device tracking is estimated to be 229 and is based on data from FDA’s manufacturers database. FDA issued VerDate Aug<31>2005 16:25 Apr 21, 2008 Jkt 214001 tracking orders to 20 additional medical device manufacturers during the time period for FY 2002 through FY 2004. Under § 821.25(c), the additional medical device manufacturers collectively bear a one-time recordkeeping burden of 10,560 hours to develop a medical device tracking system. FDA’s estimate of 17,000 medical device distributor respondents contained in this assessment, are derived from Dun & Bradstreet sources on medical equipment wholesalers, retailers, home care dealers, and rental companies. Health Forum, an American Hospital Association Company, provided statistics on hospitals. Dated: April 15, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–8682 Filed 4–21–08; 8:45 am] BILLING CODE 4160–01–S PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Joint Meeting of the Anesthetic and Life Support Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee; Amendment of Notice AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing an amendment to the notice of meeting of the Anesthetic and Life Support Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee. This meeting was announced in the Federal Register of March 27, 2008 (73 FR 16314). The amendment is being made to reflect changes in the introductory paragraph and to add a portion entitled ‘‘Closed Committee Deliberations.’’ There are no other changes. FOR FURTHER INFORMATION CONTACT: Teresa Watkins, Center for Drug Evaluation and Research (HFD–21), Food and Drug Administration, 5600 Fishers Lane, (for express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857, 301–827–7001, FAX: 301–827– 6776, e-mail: E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Notices]
[Pages 21631-21632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8682]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0050]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Medical Devices; 
Device Tracking

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by May 22, 
2008.

ADDRESSES:  To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-6974, or e-mailed to baguilar@omb.eop.gov. All comments 
should be identified with the OMB control number 0910-0442. Also 
include the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of the 
Chief Information Officer (HFA-250), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-1472.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Medical Devices; Device Tracking--(OMB Control Number 0910-0442)--
Extension

    Section 211 of the Food and Drug Administration Modernization Act 
(FDAMA) (Public Law 105-115) became effective on February 19, 1998. 
FDAMA amended the previous medical device tracking provisions under 
section 519(e)(1) and (e)(2) of the Federal Food, Drug, and Cosmetic 
Act (the act) (21 U.S.C. 360i(e)(1) and (e)(2)) and were added by the 
Safe Medical Devices Act of 1990 (SMDA) (Public Law 101-629). Unlike 
the tracking provisions under SMDA which required tracking of any 
medical device meeting certain criteria, FDAMA allows FDA discretion in 
applying tracking provisions to medical devices meeting certain 
criteria, and provides that tracking requirements for medical devices 
can be imposed only after FDA issues an order. In the Federal Register 
of February 8, 2002 (67 FR 5943), FDA issued a final rule which 
conformed existing tracking regulations to changes in tracking 
provisions effected by FDAMA under part 821 (21 CFR part 821)).
    Section 519(e)(1) of the act, as amended by FDAMA provides that FDA 
may require by order, that a manufacturer adopt a method for tracking a 
class II or III medical device, if the device meets one of the three 
following criteria: (1) The failure of the device would be reasonably 
likely to have serious adverse health consequences, (2) the device is 
intended to be implanted in the human body for more than 1 year 
(referred to as a ``tracked implant''), or (3) the device is life-
sustaining or life-supporting (referred to as a ``tracked l/s-l/s 
device'') and is used outside a device user facility.
    Tracked device information is collected to facilitate identifying 
the current location of medical devices and patients possessing those 
devices, to the extent that patients permit the collection of 
identifying information. Manufacturers and FDA (where necessary), use 
the data to: (1) Expedite the recall of distributed medical devices 
that are dangerous or defective and (2) facilitate the timely 
notification of patients or licensed practitioners of the risks 
associated with the medical device.
    In addition, the regulations include provisions for: (1) Exemptions 
and variances, (2) system and content requirements for tracking, (3) 
obligations of persons other than device manufacturers, e.g., 
distributors; records and inspection requirements, (4) confidentiality, 
and (5) record retention requirements.
    Respondents for this collection of information are medical device 
manufacturers, importers, and distributors of tracked implants or 
tracked l/s-l/s devices used outside a device user facility. 
Distributors include multiple and final distributors, including 
hospitals.
    In the Federal Register of February 5, 2008 (73 FR 6729), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. No comments were received.

[[Page 21632]]



                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of       Annual Frequency per     Total Annual        Hours per
 CFR Sections      Respondents            Response           Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
821.2 and                       4                     1                  4                 12                 48
 821.30(e)
----------------------------------------------------------------------------------------------------------------
821.25(a)                       1                     1                  1                 76                 76
----------------------------------------------------------------------------------------------------------------
821.25(d)                      22                     1                 22                  2                 44
----------------------------------------------------------------------------------------------------------------
821.30(a) and              17,000                    72          1,222,725             0.1666            203,706
 (b)
----------------------------------------------------------------------------------------------------------------
821.30(c)(2)                    1                     1                  1                 28                 28
----------------------------------------------------------------------------------------------------------------
821.30(d)                  17,000                    15            259,186             0.1666             43,180
----------------------------------------------------------------------------------------------------------------
Total           .................  ....................  .................  .................            247,082
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                               Table 2.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                                       Annual Frequency
   CFR Sections          No. of              per            Total Annual    Hours per  Record     Total Hours
                     Recordkeepers      Recordkeeping         Records
----------------------------------------------------------------------------------------------------------------
821.25(b)                        229             46,260         10,593,433             0.2899          3,071,036
----------------------------------------------------------------------------------------------------------------
821.25(c)                        229                  1                229               63.0             14,430
----------------------------------------------------------------------------------------------------------------
821.25(c)(3)                     229              1,124            257,454             0.2899             74,636
----------------------------------------------------------------------------------------------------------------
Total              .................  .................  .................  .................          3,160,102
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The annual hourly reporting burden for respondents involved in 
medical device tracking is estimated to be 247,082 hours, and the 
annual recordkeeping burden for these respondents is estimated to be 
3,160,102 hours. These numbers have been rounded up. The burden 
estimates cited in tables 1 and 2 of this notice are based primarily 
upon the data and methods provided in FDA's assessment for fiscal year 
(FY) 1999 entitled ``A Cost Assessment of Medical Device Tracking.'' 
Using implantation procedures from the National Center for Health 
Statistics, FDA applied a 2-percent annual growth rate to estimate the 
number of procedures for tracked implant devices for FY 1997 through FY 
2006. This assessment also used unit shipment data in combination with 
various growth rates to estimate annual sales distribution for the 
tracked l/s-l/s devices over the same time period. In addition, the 
assessment also estimated the burden on industry for developing and 
maintaining tracking systems for these medical devices for FY 1997 
through FY 2006.
    For the annual recordkeeping burden, the number of respondent 
medical device manufacturers subject to device tracking is estimated to 
be 229 and is based on data from FDA's manufacturers database. FDA 
issued tracking orders to 20 additional medical device manufacturers 
during the time period for FY 2002 through FY 2004. Under Sec.  
821.25(c), the additional medical device manufacturers collectively 
bear a one-time recordkeeping burden of 10,560 hours to develop a 
medical device tracking system. FDA's estimate of 17,000 medical device 
distributor respondents contained in this assessment, are derived from 
Dun & Bradstreet sources on medical equipment wholesalers, retailers, 
home care dealers, and rental companies. Health Forum, an American 
Hospital Association Company, provided statistics on hospitals.

    Dated: April 15, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-8682 Filed 4-21-08; 8:45 am]
BILLING CODE 4160-01-S
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