[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]
[Page 9097-9098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-38]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2009-N-0092]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance for Industry and Food and Drug Administration
Staff; Class II Special Controls Guidance Document: Automated Blood
Cell Separator Device Operating by Centrifugal or Filtration Separation
Principle
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the 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 the collection of information
concerning class II special controls for automated blood cell separator
device operating by centrifugal or filtration separation principle.
DATES: Submit written or electronic comments on the collection of
information by May 1, 2009.
ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301-796-3794.
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.
Guidance for Industry and Food and Drug Administration Staff; Class II
Special Controls Guidance Document: Automated Blood Cell Separator
Device Operating by Centrifugal or Filtration Separation Principle (OMB
Control Number 0910-0594)--Extension
Under the Safe Medical Devices Act of 1990 (Public Law 101-629, 104
Stat. 4511), FDA may establish special controls, including performance
standards, postmarket surveillance, patient registries, guidelines, and
other appropriate actions it believes necessary to provide reasonable
assurance of the safety and effectiveness of the device. The special
control guidance serves to support the reclassification from class III
to class II of the automated blood cell separator device operating on a
centrifugal separation principle intended for the routine collection of
blood and blood components as well as the special control for the
automated blood cell separator device operating on a filtration
separation principle intended for the routine collection of blood and
blood components reclassified as class II (Sec. 864.9245 (21 CFR
864.9245)).
For currently marketed products not approved under the premarket
approval process, the manufacturer should file with FDA for 3
consecutive years an annual report on the anniversary date of the
device reclassification from class III to class II or, on the
anniversary date of the section 510(k) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 360) clearance. Any subsequent change
to the device requiring the submission of a premarket notification in
accordance with section 510(k) of the act should be included in the
annual report. Also, a manufacturer of a device determined to be
substantially equivalent to the centrifugal or filtration-based
automated cell separator device intended for the routine collection of
blood and blood components, should comply with the same general and
special controls.
The annual report should include, at a minimum, a summary of
anticipated and unanticipated adverse events that have occurred and
that are not required to be reported by manufacturers under Medical
Device Reporting (MDR) (part 803 (21 CFR part 803)). The reporting of
adverse device events summarized in an annual report will alert FDA to
trends or clusters of events that might be a safety issue otherwise
unreported under the MDR regulation.
Reclassification of this device from class III to class II for the
intended use of routine collection of blood and blood components
relieves manufacturers of the burden of complying with the premarket
approval requirements of section 515 of the act (21 U.S.C. 360e), and
may permit small potential competitors to enter the marketplace by
reducing the burden. Although the special control guidance recommends
that manufacturers of these devices file with FDA an annual report for
3 consecutive years, this would be less burdensome than the current
postapproval under part 814, subpart E (21 CFR part 814, subpart E),
including
[[Page 9098]]
the submission of periodic reports under Sec. 814.84.
Collecting or transfusing facilities and manufacturers have certain
responsibilities under the Federal regulations. For example, collecting
or transfusing facilities are required to maintain records of any
reports of complaints of adverse reactions (21 CFR 606.170), while the
manufacturer is responsible for conducting an investigation of each
event that is reasonably known to the manufacturer and evaluating the
cause of the event (Sec. 803.50(b)). In addition, manufacturers of
medical devices are required to submit to FDA individual adverse event
reports of death, serious injury, and malfunctions (Sec. 803.50).
In the special control guidance document, FDA recommends that
manufacturers include in their three annual reports a summary of
adverse reactions maintained by the collecting or transfusing facility
or similar reports of adverse events collected in addition to those
required under the MDR regulation. The MedWatch medical device
reporting code instructions (http://www.fda.gov/cdrh/mdr/373.html)
contains a comprehensive list of adverse events associated with device
use, including most of those events that we recommend summarizing in
the annual report.
FDA estimates the burden of this collection of information as
follows:
Table 1.--Estimated Annual Reporting Burden\1\
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Reporting No. of Annual Frequency Total Annual
Activity Respondents per Response Responses Hours per Response Total Hours
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Annual 4 1 4 5 20
Report
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\1\There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on FDA records, there are approximately four manufactures of
automated blood cell separator devices. We estimate that the
manufacturers will spend approximately 5 hours preparing and submitting
the annual report.
Other burden hours required for Sec. 864.9245 are reported and
approved under OMB control number 0910-0120 (premarket notification
submission 501(k), 21 CFR part 807, subpart E), and OMB control number
0910-0437 (MDR).
Dated: February 20, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-4315 Filed 2-27-09; 8:45 am]
BILLING CODE 4160-01-S