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76318 Federal Register / Vol. 70, No.

246 / Friday, December 23, 2005 / Notices

(Catalog of Federal Domestic Assistance DATES: Submit written or electronic is necessary for the proper performance
Program No. 93.733, Medicare—Hospital comments on the collection of of FDA’s functions, including whether
Insurance Program; and Program No. 93.774, information by February 21, 2006. the information will have practical
Medicare—Supplementary Medical utility; (2) the accuracy of FDA’s
ADDRESSES: Submit electronic
Insurance Program)
comments on the collection of estimate of the burden of the proposed
Dated: December 16, 2005. collection of information, including the
information to: http://www.fda.gov/
Mark B. McClellan, dockets/ecomments. Submit written validity of the methodology and
Administrator, Centers for Medicare & comments on the collection of assumptions used; (3) ways to enhance
Medicaid Services. information to the Division of Dockets the quality, utility, and clarity of the
[FR Doc. E5–7757 Filed 12–22–05; 8:45 am] Management (HFA–305), Food and Drug information to be collected; and (4)
BILLING CODE 4120–01–P Administration, 5630 Fishers Lane, rm. ways to minimize the burden of the
1061, Rockville, MD 20852. All collection of information on
comments should be identified with the respondents, including through the use
DEPARTMENT OF HEALTH AND docket number found in brackets in the of automated collection techniques,
HUMAN SERVICES heading of this document. when appropriate, and other forms of
FOR FURTHER INFORMATION CONTACT: information technology.
Food and Drug Administration
Denver Presley, Office of Management Medical Device Reporting:
Programs (HFA–250), Food and Drug Manufacturer Reporting, Importer
[Docket No. 2005N–0484]
Administration, 5600 Fishers Lane, Reporting, User Facility Reporting, and
Agency Information Collection Rockville, MD 20857, 301–827–1472. Distributor Reporting—21 CFR Part 803
Activities; Proposed Collection; SUPPLEMENTARY INFORMATION: Under the (OMB Control Number 0910–0437)
Comment Request; Medical Device PRA (44 U.S.C. 3501–3520), Federal
Reporting: Manufacturer Reporting, agencies must obtain approval from the Section 519(a), (b), and (c) of the
Importer Reporting, User Facility Office of Management and Budget Federal Food, Drug, and Cosmetic Act
Reporting, and Distributor Reporting (OMB) for each collection of (the act) (21 U.S.C. 360i(a), (b), and (c))
information they conduct or sponsor. requires user facilities, manufacturers,
AGENCY: Food and Drug Administration, ‘‘Collection of information’’ is defined and importers of medical devices to
HHS. in 44 U.S.C. 3502(3) and 5 CFR report adverse events involving medical
ACTION: Notice. 1320.3(c) and includes agency requests devices to FDA. On December 11, 1995
or requirements that members of the (60 FR 63578 at 63597), FDA issued part
SUMMARY: The Food and Drug public submit reports, keep records, or 803 (21 CFR part 803) that implemented
Administration (FDA) is announcing an provide information to a third party. section 519 of the act. The regulation
opportunity for public comment on the Section 3506(c)(2)(A) of the PRA (44 was amended to conform to the changes
proposed collection of certain U.S.C. 3506(c)(2)(A)) requires Federal reflected in the FDA Modernization Act
information by the agency. Under the agencies to provide a 60-day notice in of 1997.
Paperwork Reduction Act of 1995 (the the Federal Register concerning each Information from these reports will be
PRA), Federal agencies are required to proposed collection of information, used to evaluate risks associated with
publish notice in the Federal Register including each proposed extension of an medical devices and to enable FDA to
concerning each proposed collection of existing collection of information, take appropriate regulatory measures to
information, including each proposed before submitting the collection to OMB protect the public health.
extension of an existing collection of for approval. To comply with this
information, and to allow 60 days for requirement, FDA is publishing notice Respondents to this collection of
public comment in response to the of the proposed collection of information are businesses or other for
notice. This notice solicits comments on information set forth in this document. profit and nonprofit organizations
Medical Device Reporting: Manufacturer With respect to the following including user facilities, manufacturers,
Reporting, Importer Reporting, User collection of information, FDA invites and importers of medical devices.
Facility Reporting, and Distributor comments on these topics: (1) Whether FDA estimates the burden of this
Reporting. the proposed collection of information collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1


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

803.19 55 4 220 3 660

803.30 700 5 3,500 1 3,500

803.33, FDA Form 3419 700 1 700 1 700

803.40 40 17 680 1 680

803.50 1,465 57 83,505 1 83,505

803.55, FDA Form 3417 700 5 3,500 1 3,500


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Total 92,545
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Notices 76319

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1


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

803.17 220 1 220 3.3 726

803.18(c) and (d) 30,000 1 30,000 1.5 45,000

Total 45,726
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Part 803 requires user facilities to revise existing procedures, in order to DEPARTMENT OF HOMELAND
report to the device manufacturer, and comply with this provision. SECURITY
to FDA in the case of a death, incidents Therefore, FDA estimates the one-
where a medical device caused or Coast Guard
time burden to respondents for
contributed to a death or serious injury. establishing or revising procedures to be [USCG–2005–23285]
Manufacturers of medical devices are
2,200 hours (220 respondents x 10
required to report to FDA when they Collection of Information Under
hours). For those entities, a one-time
become aware of information indicating Review by Office of Management and
that one of their devices may have burden of 10 hours is estimated for
Budget: OMB Control Number 1625–
caused or contributed to death or establishing written MDR procedures.
0048
serious injury or has malfunctioned in The remaining manufacturers, user
such a way that should the malfunction facilities, and importers, not required to AGENCY: Coast Guard, DHS.
recur it would be likely to cause or revise their written procedures to ACTION: Request for comments.
contribute to a death or serious injury. comply with this provision, are
Device importers report deaths and excluded from the burden because the SUMMARY: In compliance with the
serious injuries to the manufacturers recordkeeping activities needed to Paperwork Reduction Act of 1995, the
and FDA. Importers report malfunctions comply with this provision are U.S. Coast Guard intends to seek the
only to the manufacturers, unless they considered ‘‘usual and customary’’ approval of OMB for the renewal of an
are unknown, then the reports are sent under 5 CFR 1320.3(b)(2). Information Collection Request (ICR).
to FDA. The ICR is 1625–0048, Vessel Reporting
The annual burden for recordkeeping Requirements. Before submitting the
The number of respondents for each to respondents follows. Under § 803.17,
CFR section in table 1 of this document ICRs to OMB, the Coast Guard is
FDA estimates 220 respondents will inviting comments on them as described
is based upon the number of spend approximately 3.3 hours to
respondents entered into FDA’s internal below.
complete the requirements for this DATES: Comments must reach the Coast
databases. FDA estimates, based on its
section. The number of respondents was Guard on or before February 21, 2006.
experience and interaction with the
estimated by consolidating the total of
medical device community, that all ADDRESSES: To make sure that your
reporting CFR sections are expected to all new reporting entities together. The
comments and related material do not
take 1 hour to complete, with the 3.3 hours was estimated by FDA, as this enter the docket [USCG–2005–23285]
exception of § 803.19. Section 803.19 is section deals with a respondent creating more than once, please submit them by
expected to take approximately 3 hours new MDR procedures and is a one-time only one of the following means:
to complete, but is only required for function. The ‘‘total hours’’ for this (1) By mail to the Docket Management
reporting the summarized data quarterly section equals approximately 726 hours. Facility, U.S. Department of
to FDA. By summarizing events, the Under § 803.18, 30,000 respondents Transportation (DOT), room PL–401,
total time used to report for this section represent distributors, importers, and 400 Seventh Street SW., Washington,
is reduced because the respondents do other respondents to this information DC 20590–0001.
not submit a full report for each event collection. FDA estimates that it should (2) By delivery to room PL–401 on the
they report in a quarterly summary take them approximately 11⁄2 hours to Plaza level of the Nassif Building, 400
report. complete the recordkeeping requirement Seventh Street SW., Washington, DC,
The agency believes that the majority for this section. Total hours for this between 9 a.m. and 5 p.m., Monday
of manufacturers, user facilities, and section equal 45,000 hours. through Friday, except Federal holidays.
importers have already established The telephone number is 202–366–
written procedures to document Dated: December 8, 2005. 9329.
complaints and information to meet the Jeffrey Shuren, (3) By fax to the Docket Management
medical device reporting (MDR) Assistant Commissioner for Policy. Facility at 202–493–2251.
requirements as part of their internal [FR Doc. E5–7726 Filed 12–22–05; 8:45 am] (4) Electronically through the Web
quality control system. There are an BILLING CODE 4160–01–S
Site for the Docket Management System
estimated 30,000 medical device at http://dms.dot.gov.
distributors. Although they do not The Docket Management Facility
submit MDR reports, they must maintains the public docket for this
maintain records of complaints, under notice. Comments and material received
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§ 803.18(d). from the public, as well as documents


The agency has estimated that on mentioned in this notice as being
average, 220 user facilities, importers, available in the docket, will become part
and manufacturers would annually be of this docket and will be available for
required to establish new procedures, or inspection or copying at room PL–401

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