Clarifying Edits to Existing Special Controls Guidance Documents; Availability, 17135-17136 [2011-7211]

Download as PDF 17135 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Notices TABLE 5—ESTIMATED ANNUAL REPORTING BURDEN 1 Form FDA No. Number of respondents Number of responses per respondent Total annual respondents Average burden per response (in Hours) 2 3519 ....................................................... 3520 ....................................................... CFP Training Plan and Log ................... Total ................................................ 500 500 500 .............................. 1 1 3 .............................. 500 500 1,500 .............................. 1/60 1/60 1/60 .............................. 1 There Total hours 50 50 150 250 are no capital costs or operating and maintenance costs associated with this collection of information. estimates of less than 1 hour are expressed as a fraction of an hour in the format ‘‘[number of minutes per response]/60’’. 2 Burden FDA bases its estimates of the number of respondents and the hours per response on its experience with the Program Standards over the past 3 years. As explained previously in this document, FDA estimates that 500 regulatory jurisdictions will enroll in the Program Standards. FDA estimates a total of 12 minutes annually for each enrolled jurisdiction to complete both forms. FDA bases its estimate on the small number of data elements on the two forms and the ease of availability of the information. FDA estimates that, annually, 500 regulatory jurisdictions will submit one Form FDA 3519 for a total of 500 annual responses. Each submission is estimated to take 0.1 hour per response for a total of 50 hours. FDA estimates that, annually, 500 regulatory jurisdictions will submit one Form FDA 3520 for a total of 500 annual responses. Each of these submissions is estimated to take 0.1 hour per response for a total of 50 hours. FDA estimates that, annually, 500 regulatory jurisdictions will submit three requests for documentation of successful completion of staff training using the CFP Training Plan and Log for a total of 1,500 annual responses. Each submission is estimated to take 0.1 hour per response for a total of 150 hours. Thus, the total reporting burden for this information collection is 250 hours. Dated: March 23, 2011. David Dorsey, Acting Deputy Commissioner for Policy, Planning and Budget. [FR Doc. 2011–7191 Filed 3–25–11; 8:45 am] BILLING CODE 4160–01–P Emcdonald on DSK2BSOYB1PROD with NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2011–N–0148] Clarifying Edits to Existing Special Controls Guidance Documents; Availability AGENCY: Food and Drug Administration, HHS. VerDate Mar<15>2010 17:14 Mar 25, 2011 Jkt 223001 ACTION: Notice. The Food and Drug Administration (FDA) is announcing the availability of updated special controls guidance documents for class II devices, which contain edits that reflect the Agency’s effort to clarify questions and confusion regarding its position on the binding nature of special controls guidance documents. The revised language does not change the Agency’s position or view, but rather is intended to clarify its position and remedy any possible confusion or misunderstanding. DATES: Submit either electronic or written comments on this document at any time. General comments on Agency guidance documents are welcome at any time. ADDRESSES: See the SUPPLEMENTARY INFORMATION section for electronic access to affected documents. Submit electronic comments on this document to https:// www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Philip Desjardins, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 5452, Silver Spring, MD 20993–0002, 301–796–5678; or Stephen Ripley, Center for Biologics Evaluation and Research (HFM–17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852, 301–827–6210. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In December 2008, FDA revised the cover sheet and standard language in newly issued special controls guidance documents to clarify the effect of a guidance that has been established as a special control (‘‘special controls guidance’’). In order to comply with the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 special controls guidance, manufacturers must address each identified risk to health presented in the guidance for the class II device by either meeting the recommendations of the guidance or by some other means that provides equivalent assurances of safety and effectiveness. FDA is now updating all preDecember 2008 special controls guidance documents with the revised standard language. Revisions to the special controls guidance documents include clarifying the statement of the special controls guidance document’s effect by replacing the standard language with the following statement: ‘‘The firm must show that its device addresses the issues of safety and effectiveness identified in this guidance, either by meeting the recommendations of this guidance or by some other means that provides equivalent assurances of safety and effectiveness.’’ Special controls guidance documents on the following topics have been affected: 1 1. Acute Upper Airway Obstruction Devices, 2. Clitoral Engorgement Devices, 3. Anti-Saccharomyces cerevisiae (S. cerevisiae) Antibody (ASCA) Premarket Notifications, 4. Shoulder Joint Metal/Polymer/ Metal Nonconstrained or SemiConstrained Porous-Coated Uncemented Prosthesis, 5. B-Type Natriuretic Peptide Premarket Notifications, 6. Home Uterine Activity Monitors, 7. Pharmacy Compounding Systems, 8. Tissue Culture Media for Human ex vivo Tissue and Cell Culture Processing Applications, 9. Indwelling Blood Gas Analyzers, 10. Ingestible Telemetric Gastrointestinal Capsule Imaging System, 11. Premarket Notifications for Automated Differential Cell Counter for Immature or Abnormal Blood Cells, 12. Medical Washers and Medical Washer-Disinfectors, 1 All guidance titles throughout this document reflect the style of the published versions. E:\FR\FM\28MRN1.SGM 28MRN1 Emcdonald on DSK2BSOYB1PROD with NOTICES 17136 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Notices 13. Endolymphatic Shunt Tube with Valve, 14. Hip Joint Metal/Polymer Constrained Cemented or Uncemented Prosthesis, 15. Apnea Monitors, 16. Polymethylmethacrylate (PMMA) Bone Cement, 17. Cyclosporine and Tacrolimus Assays, 18. Transcutaneous Air Conduction Hearing Aid System (TACHAS), 19. Intraoral Devices for Snoring and/ or Obstructive Sleep Apnea, 20. Cutaneous Carbon Dioxide and Oxygen Monitors, 21. Knee Joint Patellofemorotibial and Femorotibial Metal/Polymer PorousCoated Uncemented Prostheses, 22. Optical Impression Systems for Computer Assisted Design and Manufacturing (CAD/CAM) of Dental Restorations, 23. Resorbable Calcium Salt Bone Void Filler Device, 24. Surgical Sutures, 25. Breath Nitric Oxide Test, 26. Breast Lesion Documentation System, 27. Arrhythmia Detector and Alarm, 28. Serological Reagents for the Laboratory Diagnosis of West Nile Virus, 29. Endotoxin Assay, 30. Dental Sonography and Jaw Tracking Devices, 31. Human Dura Mater (applicable to dura mater recovered before May 25, 2005), 32. Hepatitis A Virus Serological Assays, 33. Factor V Leiden DNA Mutation Detection Systems, 34. Immunomagnetic Circulating Cancer Cell Selection and Enumeration System, 35. Root-form Dental Implants and Endosseous Dental Implant Abutments, 36. Dental Base Metal Alloys, 37. Dental Noble Metal Alloys, 38. Serological Assays for the Detection of Beta-Glucan, 39. Sirolimus Test Systems, 40. Newborn Screening Test Systems for Amino Acids, Free Carnitine, and Acylcarnitines Using Tandem Mass Spectrometry, 41. Implantable Radiofrequency Transponder System for Patient Identification and Health Information, 42. External Penile Rigidity Devices, 43. Assisted Reproduction Laser Systems, 44. Vascular and Neurovascular Embolization Devices, 45. Drug Metabolizing Enzyme Genotyping System, 46. Instrumentation for Clinical Multiplex Test Systems, 47. Automated Fluorescence in situ Hybridization (FISH) Enumeration Systems, VerDate Mar<15>2010 17:14 Mar 25, 2011 Jkt 223001 48. Dental Bone Grafting Material Devices, 49. RNA Preanalytical Systems (RNA Collection, Stabilization and Purification Systems for RT–PCR used in Molecular Diagnostic Testing), 50. Oral Rinse to Reduce the Adhesion of Dental Plaque, 51. AFP–L3% Immunological Test Systems, 52. CFTR Gene Mutation Detection System, 53. Low Energy Ultrasound Wound Cleaner, 54. Tinnitus Masker Devices, 55. Labeling for Male Condoms Made of Natural Rubber Latex, 56. Implantable Intra-Aneurysm Pressure Measurement System, 57. Reagents for Detection of Specific Novel Influenza A Viruses, 58. Topical Oxygen Chamber for Extremities, 59. Olfactory Test Device, 60. Fecal Calprotectin Immunological Test Systems, 61. Absorbable Hemostatic Device, 62. Quality Control Material for Cystic Fibrosis Nucleic Acid Assays, 63. Oxygen Pressure Regulators and Oxygen Conserving Devices, 64. Herpes Simplex Virus Types 1 and 2 Serological Assays, 65. Computerized Labor Monitoring Systems, 66. Gene Expression Profiling Test System for Breast Cancer Prognosis, 67. Intervertebral Body Fusion Device, 68. Filtering Facepiece Respirator for Use by the General Public in Public Health Medical Emergencies, 69. Absorbable Poly(hydroxybutyrate) Surgical Suture Produced by Recombinant DNA Technology, 70. In Vitro Human Immunodeficiency Virus (HIV) Drug Resistance Genotype Assay, 71. Electrocardiograph Electrodes, 72. Remote Medication Management System, 73. Automated Blood Cell Separator Device Operating by Centrifugal or Filtration Separation Principle, 74. Plasmodium Species Antigen Detection Assays, 75. Full Field Digital Mammography System, 76. Certain Percutaneous Transluminal Coronary Angioplasty (PTCA) Catheters, 77. Tissue Adhesive for the Topical Approximation of Skin, 78. Bone Sonometers, 79. Tissue Expander, 80. Cord Blood Processing System and Storage Container. II. Electronic Access Persons interested in obtaining a copy of any revised special controls guidance PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 document may do so by using the Internet. A search capability for all CDRH guidance documents is available at https://www.fda.gov/MedicalDevices/ DeviceRegulationandGuidance/ GuidanceDocuments/default.htm. To receive any affected CDRH guidance you may either send an email request to dsmica@fda.hhs.gov to receive an electronic copy of the document or send a fax request to 301–847–8149 to receive a hard copy. For CBER guidances, you may send a request to the Office of Communication, Outreach and Development (HFM–40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852–1448. The guidance may also be obtained by mail by calling CBER at 1–800–835– 4709 or 301–827–1800. In addition, CBER guidance documents are available at https://www.fda.gov/Biologics BloodVaccines/GuidanceCompliance RegulatoryInformation/default.htm. III. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) either electronic or written comments regarding this document. It is only necessary to send one set of comments. It is no longer necessary to send two copies of mailed comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Authority: 21 U.S.C. 371(h). Dated: March 23, 2011. David Dorsey, Acting Deputy Commissioner for Policy, Planning and Budget. [FR Doc. 2011–7211 Filed 3–25–11; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. FDA–2010–M–0519, FDA– 2010–M–0556, FDA–2010–M–0558, FDA– 2010–M–0557, and FDA–2010–M–0591] Medical Devices; Availability of Safety and Effectiveness Summaries for Premarket Approval Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is publishing a list of premarket approval applications SUMMARY: E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Pages 17135-17136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7211]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0148]

Clarifying Edits to Existing Special Controls Guidance Documents;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of updated special controls guidance documents for class
II devices, which contain edits that reflect the Agency's effort to
clarify questions and confusion regarding its position on the binding
nature of special controls guidance documents. The revised language
does not change the Agency's position or view, but rather is intended
to clarify its position and remedy any possible confusion or
misunderstanding.

DATES: Submit either electronic or written comments on this document at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: See the SUPPLEMENTARY INFORMATION section for electronic
access to affected documents.
Submit electronic comments on this document to https://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Philip Desjardins, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 5452, Silver Spring, MD 20993-0002, 301-
796-5678; or Stephen Ripley, Center for Biologics Evaluation and
Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike,
suite 200N, Rockville, MD 20852, 301-827-6210.

SUPPLEMENTARY INFORMATION:

I. Background

In December 2008, FDA revised the cover sheet and standard language
in newly issued special controls guidance documents to clarify the
effect of a guidance that has been established as a special control
(``special controls guidance''). In order to comply with the special
controls guidance, manufacturers must address each identified risk to
health presented in the guidance for the class II device by either
meeting the recommendations of the guidance or by some other means that
provides equivalent assurances of safety and effectiveness.
FDA is now updating all pre-December 2008 special controls guidance
documents with the revised standard language. Revisions to the special
controls guidance documents include clarifying the statement of the
special controls guidance document's effect by replacing the standard
language with the following statement: ``The firm must show that its
device addresses the issues of safety and effectiveness identified in
this guidance, either by meeting the recommendations of this guidance
or by some other means that provides equivalent assurances of safety
and effectiveness.''
Special controls guidance documents on the following topics have
been affected: \1\
---------------------------------------------------------------------------

\1\ All guidance titles throughout this document reflect the
style of the published versions.
---------------------------------------------------------------------------

1. Acute Upper Airway Obstruction Devices,
2. Clitoral Engorgement Devices,
3. Anti-Saccharomyces cerevisiae (S. cerevisiae) Antibody (ASCA)
Premarket Notifications,
4. Shoulder Joint Metal/Polymer/Metal Nonconstrained or Semi-
Constrained Porous-Coated Uncemented Prosthesis,
5. B-Type Natriuretic Peptide Premarket Notifications,
6. Home Uterine Activity Monitors,
7. Pharmacy Compounding Systems,
8. Tissue Culture Media for Human ex vivo Tissue and Cell Culture
Processing Applications,
9. Indwelling Blood Gas Analyzers,
10. Ingestible Telemetric Gastrointestinal Capsule Imaging System,
11. Premarket Notifications for Automated Differential Cell Counter
for Immature or Abnormal Blood Cells,
12. Medical Washers and Medical Washer-Disinfectors,

[[Page 17136]]

13. Endolymphatic Shunt Tube with Valve,
14. Hip Joint Metal/Polymer Constrained Cemented or Uncemented
Prosthesis,
15. Apnea Monitors,
16. Polymethylmethacrylate (PMMA) Bone Cement,
17. Cyclosporine and Tacrolimus Assays,
18. Transcutaneous Air Conduction Hearing Aid System (TACHAS),
19. Intraoral Devices for Snoring and/or Obstructive Sleep Apnea,
20. Cutaneous Carbon Dioxide and Oxygen Monitors,
21. Knee Joint Patellofemorotibial and Femorotibial Metal/Polymer
Porous-Coated Uncemented Prostheses,
22. Optical Impression Systems for Computer Assisted Design and
Manufacturing (CAD/CAM) of Dental Restorations,
23. Resorbable Calcium Salt Bone Void Filler Device,
24. Surgical Sutures,
25. Breath Nitric Oxide Test,
26. Breast Lesion Documentation System,
27. Arrhythmia Detector and Alarm,
28. Serological Reagents for the Laboratory Diagnosis of West Nile
Virus,
29. Endotoxin Assay,
30. Dental Sonography and Jaw Tracking Devices,
31. Human Dura Mater (applicable to dura mater recovered before May
25, 2005),
32. Hepatitis A Virus Serological Assays,
33. Factor V Leiden DNA Mutation Detection Systems,
34. Immunomagnetic Circulating Cancer Cell Selection and
Enumeration System,
35. Root-form Dental Implants and Endosseous Dental Implant
Abutments,
36. Dental Base Metal Alloys,
37. Dental Noble Metal Alloys,
38. Serological Assays for the Detection of Beta-Glucan,
39. Sirolimus Test Systems,
40. Newborn Screening Test Systems for Amino Acids, Free Carnitine,
and Acylcarnitines Using Tandem Mass Spectrometry,
41. Implantable Radiofrequency Transponder System for Patient
Identification and Health Information,
42. External Penile Rigidity Devices,
43. Assisted Reproduction Laser Systems,
44. Vascular and Neurovascular Embolization Devices,
45. Drug Metabolizing Enzyme Genotyping System,
46. Instrumentation for Clinical Multiplex Test Systems,
47. Automated Fluorescence in situ Hybridization (FISH) Enumeration
Systems,
48. Dental Bone Grafting Material Devices,
49. RNA Preanalytical Systems (RNA Collection, Stabilization and
Purification Systems for RT-PCR used in Molecular Diagnostic Testing),
50. Oral Rinse to Reduce the Adhesion of Dental Plaque,
51. AFP-L3% Immunological Test Systems,
52. CFTR Gene Mutation Detection System,
53. Low Energy Ultrasound Wound Cleaner,
54. Tinnitus Masker Devices,
55. Labeling for Male Condoms Made of Natural Rubber Latex,
56. Implantable Intra-Aneurysm Pressure Measurement System,
57. Reagents for Detection of Specific Novel Influenza A Viruses,
58. Topical Oxygen Chamber for Extremities,
59. Olfactory Test Device,
60. Fecal Calprotectin Immunological Test Systems,
61. Absorbable Hemostatic Device,
62. Quality Control Material for Cystic Fibrosis Nucleic Acid
Assays,
63. Oxygen Pressure Regulators and Oxygen Conserving Devices,
64. Herpes Simplex Virus Types 1 and 2 Serological Assays,
65. Computerized Labor Monitoring Systems,
66. Gene Expression Profiling Test System for Breast Cancer
Prognosis,
67. Intervertebral Body Fusion Device,
68. Filtering Facepiece Respirator for Use by the General Public in
Public Health Medical Emergencies,
69. Absorbable Poly(hydroxybutyrate) Surgical Suture Produced by
Recombinant DNA Technology,
70. In Vitro Human Immunodeficiency Virus (HIV) Drug Resistance
Genotype Assay,
71. Electrocardiograph Electrodes,
72. Remote Medication Management System,
73. Automated Blood Cell Separator Device Operating by Centrifugal
or Filtration Separation Principle,
74. Plasmodium Species Antigen Detection Assays,
75. Full Field Digital Mammography System,
76. Certain Percutaneous Transluminal Coronary Angioplasty (PTCA)
Catheters,
77. Tissue Adhesive for the Topical Approximation of Skin,
78. Bone Sonometers,
79. Tissue Expander,
80. Cord Blood Processing System and Storage Container.

II. Electronic Access

Persons interested in obtaining a copy of any revised special
controls guidance document may do so by using the Internet. A search
capability for all CDRH guidance documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. To receive any affected CDRH guidance
you may either send an email request to dsmica@fda.hhs.gov to receive
an electronic copy of the document or send a fax request to 301-847-
8149 to receive a hard copy.
For CBER guidances, you may send a request to the Office of
Communication, Outreach and Development (HFM-40), Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville, MD 20852-1448. The guidance may
also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-
1800. In addition, CBER guidance documents are available at https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm.

III. Comments

Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

Authority: 21 U.S.C. 371(h).

Dated: March 23, 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-7211 Filed 3-25-11; 8:45 am]
BILLING CODE 4160-01-P

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