Process To Request a Review of Food and Drug Administration's Decision Not To Issue Certain Export Certificates for Devices; Guidance for Industry and Food and Drug Administration Staff; Availability, 61913-61915 [2019-24717]
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6304,
Silver Spring, MD 20993–0002, 240–
402–6525, Fax: 301–847–8443,
meghana.chalasani@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This public workshop is intended to
support FDA implementation of
requirements for guidance development
under section 3002 of the Cures Act
(Pub. L. 114–255) and to meet a
performance goal included in PDUFA
VI. Section 3002 of Title III, Subtitle A
of the Cures Act directs FDA to develop
patient-focused drug development
guidance to address a number of areas,
including methodologies, standards,
and technologies to collect and analyze
COA data for purposes of regulatory
decision-making.
In addition, FDA committed to meet
certain performance goals under PDUFA
VI. This reauthorization, part of the FDA
Reauthorization Act of 2017 (Pub. L.
115–52), signed by President Trump on
August 18, 2017, includes a number of
performance goals and procedures that
are documented in the PDUFA VI
Commitment Letter, which is available
at https://www.fda.gov/downloads/
ForIndustry/UserFees/PrescriptionDrug
UserFee/UCM511438.pdf.
These goal commitments were
developed in consultation with patient
and consumer advocates, healthcare
professionals, and other public
stakeholders, as part of negotiations
with regulated industry. Section J.1 of
the commitment letter, ‘‘Enhancing the
Incorporation of the Patient’s Voice in
Drug Development and DecisionMaking,’’ (https://www.fda.gov/
downloads/ForIndustry/UserFees/
PrescriptionDrugUserFee/
UCM511438.pdf) outlines work,
including the development of a series of
guidance documents and associated
public workshops to facilitate the
advancement and use of systematic
approaches to collect and utilize robust
and meaningful patient and caregiver
input that can more consistently inform
drug development, and, as appropriate,
regulatory decision making.
Prior to the issuance of each guidance,
as part of the development, FDA will
conduct a public workshop to gather
input from the wider community of
patients, patient advocates, academic
researchers, expert practitioners, drug
developers, and other stakeholders.
II. Topics for Discussion at the Public
Workshop
During the public workshop, speakers
and participants will address a range of
issues and considerations related to
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incorporating COAs into endpoints for
regulatory decision-making. The range
of issues and considerations includes:
(1) Endpoint development; (2)
estimands and analysis models; (3)
addressing heterogeneity in disease
symptoms and functional status
between patients and within the same
patient over time; and (4) data
collection, storage, transmission, and
analysis.
III. Participating in the Public
Workshop
Registration: Interested parties are
encouraged to register early. To register
electronically, please visit https://
patientfocuseddrug
development.eventbrite.com.
Registration for in-person attendance
will close on December 3, 2019.
Registration for the webcast will remain
open until the day of the workshop.
Persons without access to the internet
can call 301–796–0621 to register. If you
are unable to attend the workshop in
person, you can register to view a live
webcast of the workshop. You will be
asked to indicate in your registration if
you plan to attend in person or via the
webcast. Seating will be limited, so
early registration is recommended.
Registration is free. FDA may limit the
number of participants from each
organization based on space limitations.
Registrants will receive confirmation
once they have been accepted. Onsite
registration on the day of the workshop
will be based on space availability.
If you need special accommodations
due to a disability, please contact
Meghana Chalasani (see FOR FURTHER
INFORMATION CONTACT) at least 7 days
before the workshop.
Requests for Oral Presentations: There
will be time allotted during the
workshop for open public comment.
Sign-up for this session will be on a
first-come, first-served basis on the day
of the workshop. Individuals and
organizations with common interests are
urged to consolidate or coordinate, and
request time for a joint presentation. No
commercial or promotional material
will be permitted to be presented or
distributed at the public workshop.
Streaming Webcast of the Public
Workshop: This public workshop will
also be webcast at https://
collaboration.fda.gov/pfddg123119/. If
you have never attended a Connect Pro
event before, test your connection at
https://collaboration.fda.gov/common/
help/en/support/meeting_test.htm. To
get a quick overview of the Connect Pro
program, visit https://www.adobe.com/
go/connectpro_overview. FDA has
verified the website addresses in this
document, as of the date this document
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publishes in the Federal Register, but
websites are subject to change over time.
Transcripts: Please be advised that as
soon as a transcript of the public
workshop is available, it will be
accessible at https://
www.regulations.gov. It may be viewed
at the Dockets Management Staff (see
ADDRESSES). A link to the transcript will
also be available on the internet at
https://www.fda.gov/drugs/news-eventshuman-drugs/patient-focused-drugdevelopment-guidance-collection-andanalysis-clinical-outcome-assessmentdata.
Dated: November 8, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019–24726 Filed 11–13–19; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2018–D–2310]
Process To Request a Review of Food
and Drug Administration’s Decision
Not To Issue Certain Export
Certificates for Devices; Guidance for
Industry and Food and Drug
Administration Staff; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a final
guidance entitled ‘‘Process to Request a
Review of FDA’s Decision Not to Issue
Certain Export Certificates for Devices.’’
FDA is issuing this guidance to comply
with changes to the Federal Food, Drug,
and Cosmetic Act (FD&C Act), as
amended by the FDA Reauthorization
Act of 2017 (FDARA), which specifies
the process afforded to persons denied
a Certificate to Foreign Government
(CFG) for a device. This guidance
describes the information that the
Center for Devices and Radiological
Health (CDRH) and the Center for
Biologics Evaluation and Research
(CBER), in collaboration with the Office
of Regulatory Affairs (ORA), will
provide to a person whose request for a
CFG for a device is denied, and the
process for seeking review of such a
denial.
DATES: The announcement of the
guidance is published in the Federal
Register on November 14, 2019.
ADDRESSES: You may submit either
electronic or written comments on
SUMMARY:
E:\FR\FM\14NON1.SGM
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61914
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
Agency guidances at any time as
follows:
khammond on DSKJM1Z7X2PROD with NOTICES
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
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–
2018–D–2310 for ‘‘Process to Request a
Review of FDA’s Decision Not to Issue
Certain Export Certificates for Devices.’’
Received comments 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
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
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.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.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.
You may submit comments on any
guidance at any time (see 21 CFR
10.115(g)(5)).
An electronic copy of the guidance
document is available for download
from the internet. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
guidance. Submit written requests for a
single hard copy of the guidance
document entitled ‘‘Process to Request a
Review of FDA’s Decision Not to Issue
Certain Export Certificates for Devices’’
to the Office of Policy, Guidance and
Policy Development, Center for Devices
and Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5431, Silver Spring,
MD 20993–0002, or to the Office of
Communication, Outreach and
Development, Center for Biologics
Evaluation and Research (CBER), Food
and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128,
Silver Spring, MD 20993–0002. Send
one self-addressed adhesive label to
assist that office in processing your
request.
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FOR FURTHER INFORMATION CONTACT:
Joann Belt, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1463, Silver Spring,
MD 20993–0002, exportcert@
cdrh.fda.gov, 301–796–7400, option 3;
or Stephen Ripley, Center for Biologics
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993, 240–402–
7911.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is issuing this guidance to
comply with section 704 of FDARA
(Pub. L. 115–52), which amended
section 801(e)(4) of the FD&C Act (21
U.S.C. 381(e)(4)), to specify the process
afforded to persons denied a CFG for a
device. This guidance describes the
information that CDRH and CBER, in
collaboration with ORA, will provide to
a person whose request for a CFG for a
device is denied, and the process for
seeking review of such a denial. This
guidance applies to the process for
persons denied CFGs requested
pursuant to section 801(e)(4)(A) of the
FD&C Act for devices manufactured in
an establishment registered under
section 510 of the FD&C Act (21 U.S.C.
360) (i.e., FDA-approved, cleared, or
exempted devices) that are exported
from the United States. This guidance
supplements the FDA’s guidance ‘‘FDA
Export Certificates,’’ which is available
at: https://www.fda.gov/regulatoryinformation/search-fda-guidancedocuments/fda-export-certificates. FDA
considered comments received on the
draft guidance that appeared in the
Federal Register of August 17, 2018 (83
FR 41078). FDA revised the guidance as
appropriate in response to the
comments.
II. Significance of Guidance
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on ‘‘Process to Request
a Review of FDA’s Decision Not to Issue
Certain Export Certificates for Devices.’’
It does not establish any rights for any
person and is not binding on FDA or the
public. You can use an alternative
approach if it satisfies the requirements
of the applicable statutes and
regulations.
III. Electronic Access
Persons interested in obtaining a copy
of the guidance may do so by
downloading an electronic copy from
the internet. A search capability for all
E:\FR\FM\14NON1.SGM
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
Center for Devices and Radiological
Health guidance documents is available
at https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/
GuidanceDocuments/default.htm. This
guidance document is also available at
https://www.regulations.gov or https://
www.fda.gov/vaccines-blood-biologics/
guidance-compliance-regulatoryinformation-biologics/biologicsguidances. Persons unable to download
an electronic copy of ‘‘Process to
Request a Review of FDA’s Decision Not
to Issue Certain Export Certificates for
Devices’’ may send an email request to
CDRH-Guidance@fda.hhs.gov to receive
an electronic copy of the document.
Please use the document number 17044
to identify the guidance you are
requesting.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information.
OMB control
No.
Topic
FD&C Act sections 801(e) and 802 (21 U.S.C. 382) .................
21 CFR part 820 .........................................................................
Export certificates for FDA regulated products ..........................
Current Good Manufacturing Practice (CGMP); Quality System
(QS) Regulation.
Electronic Submission of Medical Device Registration and Listing.
Appeals process .........................................................................
21 CFR part 807, subparts A through E ....................................
‘‘Center for Devices and Radiological Health Appeals Processes‘‘.
[FR Doc. 2019–24717 Filed 11–13–19; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Agency Information Collection
Activities: Submission to OMB for
Review and Approval; Public Comment
Request; Standardized Work Plan
(SWP) Form for Use With Applications
to the Bureau of Health Workforce
(BHW) Research and Training Grants
and Cooperative Agreements, OMB No.
0906–xxxx–New
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995,
HRSA has submitted an Information
Collection Request (ICR) to the Office of
Management and Budget (OMB) for
review and approval. Comments
submitted during the first public review
of this ICR have been provided to OMB.
OMB will accept further comments from
the public during the review and
approval period. OMB may act on
HRSA’s ICR only after the 30-day
comment period for this Notice has
closed.
DATES: Comments on this ICR should be
received no later than December 16,
2019.
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
These collections of information are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521). The collections
of information in the following FDA
regulations and guidance have been
approved by OMB as listed in the
following table:
FD&C Act section; 21 CFR part; or guidance
Dated: November 5, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
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17:47 Nov 13, 2019
Jkt 250001
61915
Submit your comments,
including the ICR Title, to the desk
officer for HRSA, either by email to
OIRA_submission@omb.eop.gov or by
fax to (202) 395–5806.
FOR FURTHER INFORMATION CONTACT: To
request a copy of the clearance requests
submitted to OMB for review, email Lisa
Wright-Solomon, the HRSA Information
Collection Clearance Officer at
paperwork@hrsa.gov or call (301) 443–
1984.
SUPPLEMENTARY INFORMATION:
Information Collection Request Title:
SWP Form for Use with Applications to
BHW Research and Training Grants and
Cooperative Agreements, OMB No.
0906–xxxx–NEW
Abstract: BHW requires applicants for
training and research grants and
cooperative agreements to submit a
work plan that describes the timeframes
and deliverables required during the
grant period of performance to address
each of the needs detailed in the
Purpose and Need section of the
application, as required in the Notice of
Funding Opportunity announcement.
Applicants are currently able to submit
work plans in a non-standardized
format.
In order to standardize the data
provided by applicants to make
informed decisions about funding and
assist with monitoring awardee
progress, BHW plans to require
applicants to complete a SWP form in
lieu of submitting a work plan in the
applicant’s own format. Applicants will
use the SWP form when they submit
their proposals, and grantees and Project
Officers will use the SWP information to
assist in monitoring progress once
HRSA makes the awards.
ADDRESSES:
PO 00000
Frm 00048
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0910–0498
0910–0073
0910–0625
0910–0738
A 60-day notice was published in the
Federal Register on June 19, 2019, Vol.
84, No. 118, pp.28560–28561. There was
one public comment and it was
thoroughly addressed.
Need and Proposed Use of the
Information: The information collected
by the SWP form is necessary to
standardize and streamline the data
used by HRSA in reviewing applications
and monitoring awardees. The form will
ask applicants to provide a description
of the activities or steps the recipient
will take to achieve each of the
objectives proposed during the entire
period of performance. The current
variation in formats and data submitted
by applicants reduces efficiency in
reviewing, awarding, and monitoring
each project, so this change will remedy
that inefficiency. In addition, seeking
OMB approval comports with the
regulatory requirement imposed by 45
CFR 75.206(a), Paperwork clearances.
The proposed SWP form will be used
to provide information to assess
applications for awards including
ranking applications as part of the grant
review process. BHW will also use the
information to assess whether current
recipients of grant funding have met
statutory and programmatic
requirements.
Likely Respondents: Respondents will
be applicants to HRSA’s research and
training programs in BHW.
Burden Statement: Burden in this
context means the time expended by
persons to generate, maintain, retain,
disclose or provide the information
requested. This includes the time
needed to review instructions; to
develop, acquire, install, and utilize
technology and systems for the purpose
E:\FR\FM\14NON1.SGM
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Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61913-61915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24717]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2018-D-2310]
Process To Request a Review of Food and Drug Administration's
Decision Not To Issue Certain Export Certificates for Devices; Guidance
for Industry and Food and Drug Administration Staff; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Process to Request a
Review of FDA's Decision Not to Issue Certain Export Certificates for
Devices.'' FDA is issuing this guidance to comply with changes to the
Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the FDA
Reauthorization Act of 2017 (FDARA), which specifies the process
afforded to persons denied a Certificate to Foreign Government (CFG)
for a device. This guidance describes the information that the Center
for Devices and Radiological Health (CDRH) and the Center for Biologics
Evaluation and Research (CBER), in collaboration with the Office of
Regulatory Affairs (ORA), will provide to a person whose request for a
CFG for a device is denied, and the process for seeking review of such
a denial.
DATES: The announcement of the guidance is published in the Federal
Register on November 14, 2019.
ADDRESSES: You may submit either electronic or written comments on
[[Page 61914]]
Agency guidances at any time as follows:
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 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-2018-D-2310 for ``Process to Request a Review of FDA's Decision Not
to Issue Certain Export Certificates for Devices.'' Received comments
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.gpo.gov/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.
You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Process to Request a Review of FDA's Decision Not to Issue Certain
Export Certificates for Devices'' to the Office of Policy, Guidance and
Policy Development, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431,
Silver Spring, MD 20993-0002, or to the Office of Communication,
Outreach and Development, Center for Biologics Evaluation and Research
(CBER), Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your request.
FOR FURTHER INFORMATION CONTACT: Joann Belt, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1463, Silver Spring, MD 20993-0002,
[email protected], 301-796-7400, option 3; or Stephen Ripley,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver
Spring, MD 20993, 240-402-7911.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is issuing this guidance to comply with section 704 of FDARA
(Pub. L. 115-52), which amended section 801(e)(4) of the FD&C Act (21
U.S.C. 381(e)(4)), to specify the process afforded to persons denied a
CFG for a device. This guidance describes the information that CDRH and
CBER, in collaboration with ORA, will provide to a person whose request
for a CFG for a device is denied, and the process for seeking review of
such a denial. This guidance applies to the process for persons denied
CFGs requested pursuant to section 801(e)(4)(A) of the FD&C Act for
devices manufactured in an establishment registered under section 510
of the FD&C Act (21 U.S.C. 360) (i.e., FDA-approved, cleared, or
exempted devices) that are exported from the United States. This
guidance supplements the FDA's guidance ``FDA Export Certificates,''
which is available at: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/fda-export-certificates. FDA considered
comments received on the draft guidance that appeared in the Federal
Register of August 17, 2018 (83 FR 41078). FDA revised the guidance as
appropriate in response to the comments.
II. Significance of Guidance
This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Process to Request a Review of FDA's
Decision Not to Issue Certain Export Certificates for Devices.'' It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.
III. Electronic Access
Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all
[[Page 61915]]
Center for Devices and Radiological Health guidance documents is
available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov or
https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances. Persons unable to
download an electronic copy of ``Process to Request a Review of FDA's
Decision Not to Issue Certain Export Certificates for Devices'' may
send an email request to [email protected] to receive an
electronic copy of the document. Please use the document number 17044
to identify the guidance you are requesting.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The collections of information in
the following FDA regulations and guidance have been approved by OMB as
listed in the following table:
------------------------------------------------------------------------
FD&C Act section; 21 CFR part; or OMB control
guidance Topic No.
------------------------------------------------------------------------
FD&C Act sections 801(e) and 802 Export certificates 0910-0498
(21 U.S.C. 382). for FDA regulated
products.
21 CFR part 820................... Current Good 0910-0073
Manufacturing
Practice (CGMP);
Quality System (QS)
Regulation.
21 CFR part 807, subparts A Electronic 0910-0625
through E. Submission of
Medical Device
Registration and
Listing.
``Center for Devices and Appeals process..... 0910-0738
Radiological Health Appeals
Processes``.
------------------------------------------------------------------------
Dated: November 5, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-24717 Filed 11-13-19; 8:45 am]
BILLING CODE 4164-01-P