§ 814.44 Procedures for review of a PMA. ( a ) FDA will begin substantive review of a PMA after the PMA is accepted for filing under § 814.42. FDA may refer the PMA to a panel on its own initiative, and will do so upon request of an applicant, unless FDA determines that the application substantially duplicates information previously reviewed by a panel. If FDA refers an application to a panel, FDA will forward the PMA, or relevant portions thereof, to each member of the appropriate FDA panel for review. During the review process, FDA may communicate with the applicant as set forth under § 814.37(b), or with a panel to respond to questions that may be posed by panel members or to provide additional information to the panel. FDA will maintain a record of all communications with the applicant and with the panel.
( b ) The advisory committee shall submit a report to FDA which includes the committee's recommendation and the basis for such recommendation on the PMA. Before submission of this report, the committee shall hold a public meeting to review the PMA in accordance with part 14. This meeting may be held by a telephone conference under § 14.22(g). The advisory committee report and recommendation may be in the form of a meeting transcript signed by the chairperson of the committee.
( c ) FDA will complete its review of the PMA and the advisory committee report and recommendation and, within the later of 180 days from the date of filing of the PMA under § 814.42 or the number of days after the date of filing as determined under § 814.37(c), issue an approval order under paragraph (d) of this section, an approvable letter under paragraph (e) of this section, a not approvable letter under paragraph (f) of this section, or an order denying approval of the application under § 814.45(a).
( d ) ( 1 ) FDA will issue to the applicant an order approving a PMA if none of the reasons in § 814.45 for denying approval of the application applies. FDA will approve an application on the basis of draft final labeling if the only deficiencies in the application concern editorial or similar minor deficiencies in the draft final labeling. Such approval will be conditioned upon the applicant incorporating the specified labeling changes exactly as directed and upon the applicant submitting to FDA a copy of the final printed labeling before marketing. FDA will also give the public notice of the order, including notice of and opportunity for any interested persons to request review under section 515(d)(4) of the act. The notice of approval will be placed on FDA's home page on the Internet (*http://www.fda.gov*), and it will state that a detailed summary of information respecting the safety and effectiveness of the device, which was the basis for the order approving the PMA, including information about any adverse effects of the device on health, is available on the Internet and has been placed on public display, and that copies are available upon request. When a notice of approval is published, data and information in the PMA file will be available for public disclosure in accordance with § 814.9.
( 2 ) A request for copies of the current PMA approvals and denials document and for copies of summaries of safety and effectiveness shall be sent in writing to the Freedom of Information Staff's address listed on the Agency's website at *https://www.fda.gov .*
( e ) FDA will send the applicant an approvable letter if the application substantially meets the requirements of this part and the agency believes it can approve the application if specific additional information is submitted or specific conditions are agreed to by the applicant. ( 1 ) The approvable letter will describe the information FDA requires to be provided by the applicant or the conditions the applicant is required to meet to obtain approval. For example, FDA may require, as a condition to approval: ( i ) The submission of certain information identified in the approvable letter, e.g., final labeling;
( ii ) The submission of additional information concerning pediatric uses required by § 814.20(b)(13);
( iii ) An FDA inspection that finds the manufacturing facilities, methods, and controls in compliance with part 820 and, if applicable, that verifies records pertinent to the PMA;
( iv ) Restrictions imposed on the device under section 515(d)(1)(B)(ii) or 520(e) of the act;
( v ) Postapproval requirements as described in subpart E of this part.
( 2 ) In response to an approvable letter the applicant may: ( i ) Amend the PMA as requested in the approvable letter; or
( ii ) Consider the approvable letter to be a denial of approval of the PMA under § 814.45 and request administrative review under section 515(d)(4) of the act by filing a petition in the form of a petition for reconsideration under § 10.33; or
( iii ) Withdraw the PMA.
( f ) FDA will send the applicant a not approvable letter if the agency believes that the application may not be approved for one or more of the reasons given in § 814.45(a). The not approvable letter will describe the deficiencies in the application, including each applicable ground for denial under section 515(d)(2) (A)-(E) of the act, and, where practical, will identify measures required to place the PMA in approvable form. In response to a not approvable letter, the applicant may: ( 1 ) Amend the PMA as requested in the not approvable letter (such an amendment will be considered a major amendment under § 814.37(c)(1)); or
( 2 ) Consider the not approvable letter to be a denial of approval of the PMA under § 814.45 and request administrative review under section 515(d)(4) of the act by filing a petition in the form of a petition for reconsideration under § 10.33; or
( 3 ) Withdraw the PMA.
( g ) FDA will consider a PMA to have been withdrawn voluntarily if: ( 1 ) The applicant fails to respond in writing to a written request for an amendment within 180 days after the date FDA issues such request;
( 2 ) The applicant fails to respond in writing to an approvable or not approvable letter within 180 days after the date FDA issues such letter; or
( 3 ) The applicant submits a written notice to FDA that the PMA has been withdrawn.
[51 FR 26364, July 22, 1986, as amended at 57 FR 58403, Dec. 10, 1992; 63 FR 4572, Jan. 30, 1998; 79 FR 1740, Jan. 10, 2014; 87 FR 2045, Jan. 13, 2022]