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Federal Register / Vol. 73, No.

24 / Tuesday, February 5, 2008 / Notices 6731

hours. These figures have been rounded DEPARTMENT OF HEALTH AND or requirements that members of the
up. The burden estimates cited in tables HUMAN SERVICES public submit reports, keep records, or
1 and 2 of this document are based provide information to a third party.
primarily upon the data and methods Food and Drug Administration Section 3506(c)(2)(A) of the PRA (44
provided in FDA’s assessment for fiscal [Docket No. 2008N–0016] U.S.C. 3506(c)(2)(A)) requires Federal
year (FY) 1999 entitled ‘‘A Cost agencies to provide a 60-day notice in
Assessment of Medical Device Agency Information Collection the Federal Register concerning each
Tracking.’’ Using implantation Activities; Proposed Collection; proposed collection of information,
procedures from the National Center for Comment Request; Additional Listing including each proposed extension of an
Information for Medical Device existing collection of information,
Health Statistics, FDA applied a 2-
Registration and Listing before submitting the collection to OMB
percent annual growth rate to estimate
for approval. To comply with this
the number of procedures for tracked AGENCY: Food and Drug Administration, requirement, FDA is publishing notice
implant devices for FY1997 through HHS. of the proposed collection of
FY2006. This assessment also used unit ACTION: Notice. information set forth in this document.
shipment data in combination with With respect to the following
various growth rates to estimate annual SUMMARY: The Food and Drug
collection of information, FDA invites
sales distribution for the tracked l/s-l/s Administration (FDA) is announcing an comments on these topics: (1) Whether
devices over the same time period. In opportunity for public comment on the the proposed collection of information
addition, the assessment also estimated proposed collection of certain is necessary for the proper performance
the burden on industry for developing information by the agency. Under the of FDA’s functions, including whether
Paperwork Reduction Act of 1995 (the the information will have practical
and maintaining tracking systems for
PRA), Federal agencies are required to utility; (2) the accuracy of FDA’s
these medical devices for FY1997
publish notice in the Federal Register estimate of the burden of the proposed
through FY2006. concerning each proposed collection of collection of information, including the
For the annual recordkeeping burden, information, including each proposed validity of the methodology and
the number of respondent medical extension of an existing collection of assumptions used; (3) ways to enhance
device manufacturers subject to device information, and to allow 60 days for the quality, utility, and clarity of the
tracking is estimated to be 229 and is public comment in response to the information to be collected; and (4)
based on data from FDA’s notice. This notice solicits public ways to minimize the burden of the
manufacturers database. FDA issued comments on the reporting and collection of information on
tracking orders to 20 additional medical recordkeeping burden associated with respondents, including through the use
device manufacturers during the time the paperwork requirements under of automated collection techniques,
period for FY2002 through FY2004. § 807.31 (21 CFR 807.31), which when appropriate, and other forms of
Under § 821.25(c), the additional requires device establishments to retain information technology.
medical device manufacturers and, upon FDA’s specific request,
submit certain additional listing Additional Listing Information for
collectively bear a one-time Medical Device Registration and
recordkeeping burden of 10,560 hours to information.
Listing—21 CFR 80.31; (OMB Control
develop a medical device tracking DATES: Submit written or electronic
Number 0910–0387)—Extension
system. FDA’s estimate of 17,000 comments on the collection of
medical device distributor respondents information by April 7, 2008. The Food and Drug Administration
ADDRESSES: Submit electronic
Amendments Act of 2007 (the 2007
contained in this assessment, are
comments on the collection of Amendments), enacted September 27,
derived from Dun & Bradstreet sources 2007, requires that device establishment
on medical equipment wholesalers, information to: http://
www.regulations.gov. Submit written registrations and listings under 21
retailers, home care dealers, and rental U.S.C. 360(p) (including the submission
companies. Health Forum, an American comments on the collection of
of updated information), be submitted to
Hospital Association Company, information to the Division of Dockets
the Secretary of Health and Human
provided statistics on hospitals. Management (HFA–305), Food and Drug
Services (the Secretary) by electronic
Administration, 5630 Fishers Lane, rm.
Please note that on January 15, 2008, means, unless the Secretary grants a
1061, Rockville, MD 20852. All
the FDA Web site transitioned to the request for waiver of the requirement
comments should be identified with the
Federal Dockets Management System because the use of electronic means is
docket number found in brackets in the
(FDMS). FDMS is a Government-wide, not reasonable for the person requesting
heading of this document.
electronic docket management system. the waiver. See section 224 of the 2007
FOR FURTHER INFORMATION CONTACT: Amendments. The 2007 Amendments
Electronic submissions will be accepted Denver Presley Jr., Office of the Chief
by FDA through FDMS only. provides for an October 1, 2007,
Information Officer (HFA–250), Food effective date by which FDA expects
Dated: January 30, 2008. and Drug Administration, 5600 Fishers approximately 30,000 establishments to
Jeffrey Shuren, Lane, Rockville, MD 20857, 301–827– begin registering. FDA is seeking OMB
1472 approval for the information collected
Assistant Commissioner for Policy.
[FR Doc. E8–2078 Filed 2–4–08; 8:45 am] SUPPLEMENTARY INFORMATION: Under the by electronic means. Registration by
PRA (44 U.S.C. 3501–3520), Federal electronic means for device
BILLING CODE 4160–01–S
agencies must obtain approval from the establishments will mean replacement
Office of Management and Budget of FDA Forms 2891 and 2891a,
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(OMB) for each collection of ‘‘Registration of Device Establishment’’


information they conduct or sponsor. and FDA Form 2892 ‘‘Medical Device
‘‘Collection of information’’ is defined Listing,’’ with electronic versions.
in 44 U.S.C. 3502(3) and 5 CFR However, for OMB approval of the
1320.3(c) and includes agency requests extension request for this collection of

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6732 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices

information, FDA is revising the scope from the file 3 years after the date of the effectively allocate FDA’s field
to address only the reporting and last shipment of a discontinued device resources for these inspections, and (3)
recordkeeping requirements by non- by an owner or operator. Along with the the class of the device that determines
electronic means as described in this recordkeeping requirements, under the frequency of inspection. As a result,
document and set forth under § 807.31 § 807.31(e), the owner or operator must when complications occur with a
for ‘‘ Additional Listing Information.’’ be prepared to submit to FDA copies of particular device or component, all
To reflect the revised scope of this : (1) All device labeling, (2) all device manufacturers of similar or related
collection of information, FDA has labeling and representative advertising, devices can easily be identified.
modified the title. or (3) only representative package
Under § 807.31(a) through (d), each inserts, depending upon whether the The likely respondents to this
owner or operator is required to device is subject to the regulatory information collection are domestic and
maintain an historical file containing controls under Sections 514 or 515 of foreign device establishments who must
the labeling and advertisements in use Federal Food, Drug, and Cosmetic Act register and submit a device list to FDA,
on the date of initial listing, and in use (the act) (21 U.S.C. 360d and 360e, e.g., establishments engaged in the
after October 10, 1978, but before the respectively), or restrictions imposed by manufacture, preparation, propagation,
date of initial listing. The owner or 21 CFR 801.109 or otherwise by section compounding, assembly, or processing
operator must maintain in the historical 520(e) of the act. of medical devices intended for human
file any labeling or advertisements in The information collected under these use and commercial distribution.
which a material change has been made provisions is used by FDA to identify: FDA estimates the burden of this
anytime after initial listing, but may (1) Firms subject to FDA’s regulations,
collection of information as follows:
discard labeling and advertisements (2) geographic distribution in order to

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Respondents of Response Responses Response

807.31(e) 200 1 200 .50 100


1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Recordkeepers of Recordkeeping Records Record

807.31(a) through (d ) 16,200 4 64,800 .50 32,400


1There are no capital costs or operating and maintenance costs associated with this collection of information.

The annual respondent reporting DEPARTMENT OF HEALTH AND after October 1, 1995, unless it displays
burden for device establishment HUMAN SERVICES a currently valid OMB control number.
registrations and listing is estimated to Proposed Collection: Title:
be 100 hours and the annual respondent National Institutes of Health Questionnaire Cognitive Interview and
recordkeeping burden is estimated to be Pretesting. Type of Information
32,400 hours. The estimates cited in Submission for OMB Review: Collection Request: New. Need and Use
tables 1 and 2 of this documet are based Comment Request Questionnaire of Information Collection: The purpose
primarily on the annual FDA Cognitive Interview and Pretesting of the data collection is to conduct
accomplishment report, which includes (ARP/DCCPS/NCI) cognitive interviews, focus groups, Pilot
actual FDA registration and listing data Summary: Under the provisions of household interviews, and experimental
derived for fiscal year (FY) 2006. These Section 3507(a)(1)(D) of the Paperwork research in laboratory and field settings,
estimates are also based on FDA Reduction Act of 1995, the National both for applied questionnaire
estimates of FY 2006 data from current Cancer Institute (NCI), the National evaluation and more basic research on
systems and conversations with Institutes of Health (NIH), has submitted response errors in surveys. The most
industry and trade association to the Office of Management and Budget common evaluation method is the
representatives. FDA anticipates (OMB) a request to review and approve cognitive interview, in which a
reviewing annually, 200 historical files. the information collection listed below. questionnaire design specialist
Please note that on January 15, 2008, This proposed information collection interviews a volunteer participant. The
the FDA Web site transitioned to the was previously published in the Federal interviewer administers the draft survey
Federal Dockets Management System Register on November 26, 2007 (Vol. 72, questions as written, but also probes the
(FDMS). FDMS is a Government-wide, No. 226, p. 65969) and allowed 60 days participant in depth about
electronic docket management system. for public comment. No public interpretations of questions, recall
Electronic submissions will be accepted comments were received. The purpose processes used to answer them, and
by FDA through the FDMS only. of this notice is to allow an additional adequacy of response categories to
30 days for public comment. The express answers, while noting points of
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Dated: January 30, 2008.


National Institutes of Health may not confusion and errors in responding.
Jeffrey Shuren, conduct or sponsor, and the respondent Interviews are generally conducted in
Assistant Commissioner for Policy. is not required to respond to, an small rounds of 10–15 interviews. When
[FR Doc. E8–2079 Filed 2–4–08; 8:45 am] information collection that has been possible, cognitive interviews are
BILLING CODE 4160–01–S extended, revised, or implemented on or conducted in the survey’s intended

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