[Federal Register Volume 74, Number 39 (Monday, March 2, 2009)]
[Notices]
[Pages 9097-9098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4315]


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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