# Agency Information Collection Activities; Submission for OMB Review; Comment Request

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-23404

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** September 1, 1998
- **Citation:** 63 FR 46464

## Text

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 97N-0385]

Agency Information Collection Activities; Submission for OMB
Review; Comment Request

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that the
proposed collection of information listed below has been submitted to
the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995 (the PRA).

DATES: Submit written comments on the collection of information by
October 1, 1998.

ADDRESSES: Submit written comments on the collection of information to
the Office of Information and Regulatory Affairs, OMB, New Executive
Office Bldg., 725 17th St. NW., rm. 10235, Washington, DC 20503, Attn:
Desk Officer for FDA.

FOR FURTHER INFORMATION CONTACT: Margaret R. Schlosburg, Office of
Information Resources Management (HFA-250), Food and Drug
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

SUPPLEMENTARY INFORMATION: In compliance with section 3507 of the PRA
(44 U.S.C. 3507), FDA has submitted the following proposed collection
of information to OMB for review and clearance.

Supplements to Premarket Approval Applications for Medical Devices

The Food and Drug Administration Modernization Act of 1997 (FDAMA)
(Pub. L. 105-115) added section 515(d)(6) to the Federal Food, Drug,
and Cosmetic Act (the act) (21 U.S.C. 360e(d)(6)), modifying FDA's
statutory authority regarding premarket approval of medical devices.
This new section provides for an alternate form of notice to the agency
for certain types of changes to a device for which the manufacturer has
an approved premarket approval application (PMA). Under section
515(d)(6) of the act, PMA supplements are required for all changes that
affect safety and effectiveness, unless such changes involve
modifications to manufacturing procedures or the method of manufacture.
For those types of manufacturing changes, the manufacturer may submit
to the agency an alternate form of notice in the form of a 30-day
notice, or where FDA finds such notice inadequate, a 135-day PMA
supplement. The 30-day notice must: (1) Describe the change the
manufacturer intends to make, (2) summarize the data or information
supporting the change, and (3) state that the change has been made in
accordance with the requirements of 21 CFR part 820.
The manufacturer may distribute the device 30 days after FDA
receives the notice, unless FDA notifies the applicant, within that 30-
day period, that the notice is inadequate. If the notice is inadequate,
FDA will inform the manufacturer that a 135-day supplement is required
and will describe what additional information or action is necessary
for FDA to approve the change. The rule would incorporate the
provisions for a 30-day notice and 135-day supplements into FDA's
regulations in Sec. 814.39 (21 CFR 814.39) to reflect the changes made
by FDAMA.
Description of Respondents: Businesses or other for profit
organizations.
The information collection for Sec. 814.39 has been approved by OMB
until September 30, 1998, under Premarket Approval of Medical Devices
(OMB control number 0910-0231) for a total of 36,063 hours. FDA
believes that the submission of 30-day notices in lieu of PMA
supplements will result in approximately a 10 percent reduction in the
total number of hours needed to comply with Sec. 814.39. As a result,
FDA estimates that the new total number of hours needed to comply with
the information collection requirements in Sec. 814.39 is 32,612 for a
reduction of 3,451 hours.
FDA estimates the burden for this collection of information as
follows:

Table 1.--Estimated Annual Reporting Burden1
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Annual
21 CFR Section No. of Frequency per Total Annual Hours per Total Hours
Respondents Response Responses Response
----------------------------------------------------------------------------------------------------------------
814.39 493 1 493 66.15 32,612
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.

[[Page 46465]]

Dated: July 31, 1998.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 98-23404 Filed 8-31-98; 8:45 am]
BILLING CODE 4160-01-F

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-23404. Public record. Not legal advice.
