[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41029-41035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18378]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0007]


Medical Device User Fee Rates for Fiscal Year 2018

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the fee 
rates and payment procedures for medical device user fees for fiscal 
year (FY) 2018. The Federal Food, Drug, and Cosmetic Act (the FD&C 
Act), as amended by the Medical Device User Fee Amendments of 2017 
(MDUFA IV), authorizes FDA to collect user fees for certain medical 
device submissions and annual fees both for certain periodic reports 
and for establishments subject to registration. This notice establishes 
the fee rates for FY 2018, which apply from October 1, 2017, through 
September 30, 2018. To avoid delay in the review of your application, 
you should pay the application fee before or at the time you submit 
your application to FDA. The fee you must pay is the fee that is in 
effect on the later of the date that your application is received by 
FDA or the date your fee payment is recognized by the U.S. Treasury. If 
you want to pay a reduced small business fee, you must qualify as a 
small business before making your submission to FDA; if you do not 
qualify as a small business before making your submission to FDA, you 
will have to pay the higher standard fee. Please note that the 
establishment registration fee is not eligible for a reduced small 
business fee. As a result, if the establishment registration fee is the 
only medical device user fee that you will pay in FY 2018, you should 
not submit a FY 2018 Small Business Qualification and Certification 
request. This document provides information on how the fees for FY 2018 
were determined, the payment procedures you should follow, and how you 
may qualify for reduced small business fees.

FOR FURTHER INFORMATION CONTACT: 
    For information on Medical Device User Fees: Visit FDA's Web site 
at https://www.fda.gov/ForIndustry/UserFees/MedicalDeviceUserFee/ucm20081521.htm.
    For questions relating to this notice: Robert Marcarelli, Office of 
Financial Management, Food and Drug Administration, 8455 Colesville Rd. 
(COLE-14202F), Silver Spring, MD 20993-0002, 301-796-7223.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 738 of the FD&C Act (21 U.S.C. 379j) establishes fees for 
certain medical device applications, submissions, supplements, notices, 
and requests (for simplicity, this document refers to these 
collectively as ``submissions'' or ``applications''); for periodic 
reporting on class III devices; and for the registration of certain 
establishments. Under statutorily-defined conditions, a qualified 
applicant may receive a fee waiver or may pay a lower small business 
fee (see 21 U.S.C. 379j(d) and (e)).
    Under the FD&C Act, the fee rate for each type of submission is set 
at a specified percentage of the standard fee for a premarket 
application (a premarket application is a premarket approval 
application (PMA), a product development protocol (PDP), or a biologics 
license application (BLA)). The FD&C Act specifies the base fee for a 
premarket application for each year from FY 2018 through FY 2022; the 
base fee for a premarket application received by FDA during FY 2018 is 
$294,000. From this starting point, this document establishes FY 2018 
fee rates for certain types of submissions, and for periodic reporting, 
by applying criteria specified in the FD&C Act.
    The FD&C Act specifies the base fee for establishment registration 
for each year from FY 2018 through FY 2022; the base fee for an 
establishment registration in FY 2018 is $4,375. There is no reduction 
in the registration fee for small businesses. Each establishment that 
is registered (or is required to register) with the Secretary of Health 
and Human Services under section 510 of the FD&C Act (21 U.S.C. 360) 
because such establishment is engaged in the manufacture, preparation, 
propagation, compounding, or processing of a device is required to pay 
the annual fee for establishment registration.

II. Revenue Amount for FY 2018

    The total revenue amount for FY 2018 is $183,280,756, as set forth 
in the

[[Page 41030]]

statute prior to the inflation adjustment (see 21 U.S.C. 379j(b)(3)). 
MDUFA directs FDA to use the yearly total revenue amount as a starting 
point to set the standard fee rates for each fee type. The fee 
calculations for FY 2018 are described in this document.

Inflation Adjustment

    MDUFA specifies that the $183,280,756 is to be adjusted for 
inflation increases for FY 2018 using two separate adjustments--one for 
payroll costs and one for non-payroll costs (see 21 U.S.C. 379j(c)(2)). 
The base inflation adjustment for FY 2018 is the sum of one plus these 
two separate adjustments, and is compounded as specified in the statute 
(see 21 U.S.C. 379j(c)(2)(C) and 379j(c)(2)(B)).
    The component of the inflation adjustment for payroll costs is the 
average annual percent change in the cost of all personnel compensation 
and benefits (PC&B) paid per full-time equivalent position (FTE) at FDA 
for the first three of the four preceding FYs, multiplied by 0.60, or 
60 percent (see 21 U.S.C. 379j(c)(2)(C)).
    Table 1 summarizes the actual cost and FTE data for the specified 
FYs, and provides the percent change from the previous FY and the 
average percent change over the first 3 of the 4 FYs preceding FY 2018. 
The 3-year average is 2.2354 percent (rounded).

                                 Table 1--FDA PC&Bs Each Year and Percent Change
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                                                                                                      3-year
                Fiscal year                       2014              2015              2016            average
----------------------------------------------------------------------------------------------------------------
Total PC&B................................    $2,054,937,000    $2,232,304,000    $2,414,728,159  ..............
Total FTE.................................            14,555            15,484            16,381  ..............
PC&B per FTE..............................          $141,184          $144,168          $147,408  ..............
Percent change from previous year.........           2.3451%           2.1136%           2.2474%         2.2354%
----------------------------------------------------------------------------------------------------------------

    The payroll adjustment is 2.2354 percent multiplied by 60 percent, 
or 1.3412 percent.
    The statute specifies that the component of the inflation 
adjustment for non-payroll costs for FY 2018 is the average annual 
percent change that occurred in the Consumer Price Index (CPI) for 
urban consumers (Washington-Baltimore, DC-MD-VA-WV; Not Seasonally 
Adjusted; All Items; Annual Index) for the first 3 of the preceding 4 
years of available data multiplied by 0.40, or 40 percent (see 21 
U.S.C. 379j(c)(2)(C)).
    Table 2 provides the summary data and the 3-year average percent 
change in the specified CPI for the Baltimore-Washington area. These 
data are published by the Bureau of Labor Statistics and can be found 
on their Web site at https://data.bls.gov/cgi-bin/surveymost?cu by 
checking the box marked ``Washington-Baltimore All Items, November 1996 
= 100-CUURA311SA0'' and then clicking on the ``Retrieve Data'' button.

             Table 2--Annual and Three-Year Average Percent Change in Baltimore-Washington Area CPI
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                                                                                                      3-year
                Fiscal year                       2014              2015              2016            average
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Annual CPI................................           154.847           155.353           157.180  ..............
Annual Percent Change.....................           1.5390%           0.3268%           1.1760%  ..............
3-Year Avg. Percent Change in CPI.........  ................  ................  ................         1.0139%
----------------------------------------------------------------------------------------------------------------

    The non-pay adjustment is 1.0139 percent multiplied by 40 percent, 
or 0.4056 percent.
    Next, the payroll adjustment (1.3412 percent or 0.013412) is added 
to the non-payroll adjustment (0.4056 percent or 0.004056), for a total 
of 1.7468 percent (or 0.017468). To complete the inflation adjustment, 
1 (100 percent or 1.0) is added for a total base inflation adjustment 
of 1.017468 for FY 2018.
    MDUFA IV provides for this inflation adjustment to be compounded 
for FY 2018 and each subsequent fiscal year (see 21 U.S.C. 
379j(c)(2)(B)(ii)). The base inflation adjustment for FY 2018 
(1.017468) is compounded by multiplying it by the compounded applicable 
inflation factors from FY 2016 and FY 2017 (1.020416 times 1.015774 or 
1.036512). To complete the compounded inflation adjustment for FY 2018, 
the FY 2016 and FY 2017 compounded adjustment (1.036512) is multiplied 
by the FY 2018 base inflation adjustment (1.017468) to reach the 
applicable inflation adjustment of 1.054618 (rounded) for FY 2018. We 
then multiply the total revenue amount for FY 2018 ($183,280,756) by 
1.054618, yielding an inflation adjusted total revenue amount of 
$193,291,000 (rounded to the nearest thousand dollars).

III. Fees for FY 2018

    Under the FD&C Act, all submission fees and the periodic reporting 
fee are set as a percent of the standard (full) fee for a premarket 
application (see 21 U.S.C. 379j(a)(2)(A)).

A. Inflation Adjustment

    MDUFA specifies that the base fees of $294,000 (premarket 
application) and $4,375 (establishment registration) are to be adjusted 
for inflation for FY 2018 using the same methodology as that for the 
total revenue inflation adjustment in section II (see 21 U.S.C. 
379j(c)(2)(D)(i)). Multiplying these base fees by the compounded 
inflation adjustment of 1.054618 yields inflation adjusted base fees of 
$310,058 (premarket application) and $4,614 (establishment 
registration).

B. Further Adjustments

    After the applicable inflation adjustment to fees is done, FDA may 
increase, if necessary to achieve the inflation adjusted total revenue 
amount, the base fee amounts on a uniform proportionate basis (see 21 
U.S.C. 379j(c)(2)(D)(ii)). If necessary after this adjustment, FDA may 
further increase the base establishment registration fees to generate 
the inflation adjusted total revenue amount (see 21 U.S.C. 379j(c)(3)).

C. Calculation of Fee Rates

    Table 3 provides the last 3 years of fee-paying submission counts 
and the 3-year average. These numbers are used to project the fee-
paying submission counts that FDA will receive in FY 2018. Most of the 
fee-paying submission

[[Page 41031]]

counts are published in the MDUFA Financial Report to Congress each 
year.

                              Table 3--Three-Year Average of Fee-Paying Submissions
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                                                      FY 2014         FY 2015         FY 2016         3-year
                Application type                      actual          actual          actual          average
----------------------------------------------------------------------------------------------------------------
Full Fee Applications...........................              25              42              41              36
    Small Business..............................               5               7              10               7
Panel-Track Supplement..........................              12              22              18              17
    Small Business..............................               3               3               1               2
De Novo Classification Request \1\..............  ..............  ..............  ..............              40
    Small Business \1\..........................  ..............  ..............  ..............              10
180-Day Supplements.............................             122             143             139             135
    Small Business..............................              24              15              18              19
Real-Time Supplements...........................             192             204             202             199
    Small Business..............................              19              28              29              25
510(k)s.........................................           3,034           2,768           2,784           2,862
    Small Business..............................           1,037           1,037           1,046           1,040
30-Day Notice...................................             934             920           1,029             961
    Small Business..............................              91              71              80              81
513(g) (21 U.S.C. 360c(g)) Request for                        69              75              69              71
 Classification Information.....................
    Small Business..............................              31              33              47              37
Annual Fee for Periodic Reporting \2\...........             668             554             576             599
    Small Business \2\..........................              74              73              74              74
Establishment Registration......................          24,626          25,363          26,222          25,404
----------------------------------------------------------------------------------------------------------------
\1\ Three-year average for De Novo is based on estimate used during MDUFA IV negotiations.
\2\ Includes collection of quarter four billing for FY 2016 during FY 2017.

    The information in table 3 is necessary to estimate the amount of 
revenue that will be collected based on the fee amounts. Table 4 
displays the FY 2018 base fees set in statute (column one) and the 
inflation adjusted base fees (per calculations in section III.A.) 
(column two). Using the inflation adjusted fees and the 3-year averages 
of fee paying submissions, the collections would total $192,850,757, 
which is $440,243 lower than the statutory revenue limit. Accordingly, 
the next step in the fee setting process is to increase the base fee 
amounts on a uniform proportionate basis to generate the inflation 
adjusted total revenue amounts (see 21 U.S.C. 379j(c)(2)(D)(ii) and 
table 4, column three). Applying these further adjusted fee rates to 
the 3-year average of fee paying submissions results in the 
establishment registration fee rate being increased by $10 to determine 
the new establishment registration fee rate of $4,624 (see 21 U.S.C. 
379j(c)(3) and table 4, column three), leaving a total revenue 
shortfall of $12,278. The fees in the second column from the right are 
those we are establishing in FY 2018, which are the standard fees.

                           Table 4--Fees Needed To Achieve New FY 2018 Revenue Target
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                                                                    FY 2018        Adjusted FY
                                                    FY 2018        inflation      2018 fees  to       FY 2018
               Application type                 statutory fees     adjusted       meet  revenue    revenue  from
                                                  (base fees)      statutory         target       adjusted  fees
                                                                   base fees     (standard fees)
----------------------------------------------------------------------------------------------------------------
Full Fee Applications.........................        $294,000        $310,058          $310,764     $11,187,504
    Small Business............................          73,500          77,514            77,691         543,837
Panel-Track Supplement........................         220,500         232,543           233,073       3,962,241
    Small Business............................          55,125          58,136            58,268         116,272
De Novo Classification Request................          88,200          93,017            93,229       3,729,160
    Small Business............................          22,050          23,254            23,307         233,070
180-Day Supplements...........................          44,100          46,509            46,615       6,293,025
    Small Business............................          11,025          11,627            11,654         221,426
Real-Time Supplements.........................          20,580          21,704            21,753       4,328,847
    Small Business............................           5,145           5,426             5,438         135,950
510(k)s.......................................           9,996          10,542            10,566      30,239,892
    Small Business............................           2,499           2,635             2,642       2,747,680
30-Day Notice.................................           4,704           4,961             4,972       4,778,092
    Small Business............................           2,352           2,480             2,486         201,366
513(g) Request for Classification Information.           3,969           4,186             4,195         297,845
    Small Business............................           1,985           2,093             2,098          77,626
Annual Fee for Periodic Reporting.............          10,290          10,852            10,877       6,515,323
    Small Business............................           2,573           2,713             2,719         201,206
Establishment Registration....................           4,375           4,614             4,624     117,468,096
                                               -----------------------------------------------------------------
    Total.....................................  ..............  ..............  ................     193,278,722
----------------------------------------------------------------------------------------------------------------


[[Page 41032]]

    The standard fee (adjusted base amount) for a premarket 
application, including a BLA, and for a premarket report and a BLA 
efficacy supplement, is $310,764 for FY 2018. The fees set by reference 
to the standard fee for a premarket application are:
    <bullet> For a panel-track supplement, 75 percent of the standard 
fee;
    <bullet> For a de novo classification request, 30 percent of the 
standard fee;
    <bullet> For a 180-day supplement, 15 percent of the standard fee;
    <bullet> For a real-time supplement, 7 percent of the standard fee;
    <bullet> For an annual fee for periodic reporting concerning a 
class III device, 3.5 percent of the standard fee;
    <bullet> For a 510(k) premarket notification, 3.4 percent of the 
standard fee;
    <bullet> For a 30-day notice, 1.6 percent of the standard fee; and
    <bullet> For a 513(g) request for classification information, 1.35 
percent of the standard fee.
    For all submissions other than a 30-day notice, and a 513(g) 
request for classification information, the small business fee is 25 
percent of the standard (full) fee for the submission (see 21 U.S.C. 
379j(d)(2)(C) and (e)(2)(C)). For a 30-day notice, and a 513(g) request 
for classification information, the small business fee is 50 percent of 
the standard (full) fee for the submission (see 21 U.S.C. 
379j(d)(2)(C)).
    The annual fee for establishment registration, after adjustment, is 
set at $4,624 for FY 2018. There is no small business rate for the 
annual establishment registration fee; all establishments pay the same 
fee.
    Table 5 summarizes the FY 2018 rates for all medical device fees.

                                    Table 5--Medical Device Fees for FY 2018
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                                           Standard fee  (as a percent of the
         Application fee type                 standard fee for a premarket            FY 2018     FY 2018  small
                                                      application)                 standard fee    business  fee
----------------------------------------------------------------------------------------------------------------
Premarket application (a PMA submitted  Base fee specified in statute...........        $310,764         $77,691
 under section 515(c)(1) of the FD&C
 Act (21 U.S.C. 360e(c)(1)), a PDP
 submitted under section 515(f) of the
 FD&C Act (21 U.S.C. 360e(f), or a BLA
 submitted under section 351 of the
 Public Health Service Act (the PHS
 Act) (42 U.S.C. 262)).
Premarket report (submitted under       100.....................................         310,764          77,691
 section 515(c)(2) of the FD&C Act).
Efficacy supplement (to an approved     100.....................................         310,764          77,691
 BLA under section 351 of the PHS Act).
Panel-track supplement................  75......................................         233,073          58,268
De novo classification request........  30......................................          93,229          23,307
180-day supplement....................  15......................................          46,615          11,654
Real-time supplement..................  7.......................................          21,753           5,438
510(k) premarket notification           3.40....................................          10,566           2,642
 submission.
30-day notice.........................  1.60....................................           4,972           2,486
513(g) request for classification       1.35....................................           4,195           2,098
 information.
Annual Fee Type.......................  ........................................  ..............  ..............
Annual fee for periodic reporting on a  3.50....................................          10,877           2,719
 class III device.
Annual establishment registration fee   Base fee specified in statute...........           4,624           4,624
 (to be paid by the establishment
 engaged in the manufacture,
 preparation, propagation,
 compounding, or processing of a
 device, as defined by 21 U.S.C.
 379i(13)).
----------------------------------------------------------------------------------------------------------------

IV. How To Qualify as a Small Business for Purposes of Medical Device 
Fees

    If your business, including your affiliates, has gross receipts or 
sales of no more than $100 million for the most recent tax year, you 
may qualify for reduced small business fees. If your business, 
including your affiliates, has gross sales or receipts of no more than 
$30 million, you may also qualify for a waiver of the fee for your 
first premarket application (i.e. PMA, PDP, or BLA) or premarket 
report. If you want to pay the small business fee rate for a submission 
or you want to receive a waiver of the fee for your first premarket 
application or premarket report, you should submit the materials 
showing you qualify as a small business at least 60 days before you 
send your submission to FDA. FDA will review your information and 
determine whether you qualify as a small business eligible for the 
reduced fee and/or fee waiver. If you make a submission before FDA 
finds that you qualify as a small business, you must pay the standard 
(full) fee for that submission.
    If your business qualified as a small business for FY 2017, your 
status as a small business will expire at the close of business on 
September 30, 2017. You must re-qualify for FY 2018 in order to pay 
small business fees during FY 2018.
    If you are a domestic (U.S.) business, and wish to qualify as a 
small business for FY 2018, you must submit the following to FDA:
    1. A completed FY 2018 MDUFA Small Business Qualification 
Certification (Form FDA 3602). This form is provided in FDA's guidance 
document, ``FY 2018 Medical Device User Fee Small Business 
Qualification and Certification,'' available on FDA's Web site at 
https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
    2. A certified copy of your Federal (U.S.) Income Tax Return for 
the most recent tax year. The most recent tax year will be 2017, 
except:
    If you submit your FY 2018 MDUFA Small Business Qualification 
before April 15, 2018, and you have not yet filed your return for 2017, 
you may use tax year 2016.
    If you submit your FY 2018 MDUFA Small Business Qualification on or 
after April 15, 2018, and have not yet filed your 2017 return because 
you obtained an extension, you may submit your most recent return filed 
prior to the extension.
    3. For each of your affiliates, either:
    <bullet> If the affiliate is a domestic (U.S.) business, a 
certified copy of the affiliate's Federal (U.S.) Income Tax Return for 
the most recent tax year, or
    <bullet> If the affiliate is a foreign business and cannot submit a 
Federal (U.S.) Income Tax Return, a National Taxing Authority 
Certification completed by, and bearing the official seal of, the 
National Taxing Authority of the country in which the firm is 
headquartered. The National Taxing Authority is the foreign equivalent 
of the U.S. Internal Revenue Service. This certification must show the 
amount of

[[Page 41033]]

gross receipts or sales for the most recent tax year, in both U.S. 
dollars and the local currency of the country, the exchange rate used 
in converting the local currency to U.S. dollars, and the dates of the 
gross receipts or sales collected. The applicant must also submit a 
statement signed by the head of the applicant's firm or by its chief 
financial officer that the applicant has submitted certifications for 
all of its affiliates, identifying the name of each affiliate, or that 
the applicant has no affiliates.
    If you are a foreign business, and wish to qualify as a small 
business for FY 2018, you must submit the following:
    1. A completed FY 2018 MDUFA Foreign Small Business Qualification 
Certification (Form FDA 3602A). This form is provided in FDA's guidance 
document, ``FY 2018 Medical Device User Fee Small Business 
Qualification and Certification,'' available on FDA's Web site at 
https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
    2. A National Taxing Authority Certification, completed by, and 
bearing the official seal of, the National Taxing Authority of the 
country in which the firm is headquartered. This certification must 
show the amount of gross receipts or sales for the most recent tax 
year, in both U.S. dollars and the local currency of the country, the 
exchange rate used in converting the local currency to U.S. dollars, 
and the dates of the gross receipts or sales collected.
    3. For each of your affiliates, either:

    <bullet> If the affiliate is a domestic (U.S.) business, a 
certified copy of the affiliate's Federal (U.S.) Income Tax Return 
for the most recent tax year (2017 or later), or
    <bullet> If the affiliate is a foreign business and cannot 
submit a Federal (U.S.) Income Tax Return, a National Taxing 
Authority Certification completed by, and bearing the official seal 
of, the National Taxing Authority of the country in which the firm 
is headquartered. The National Taxing Authority is the foreign 
equivalent of the U.S. Internal Revenue Service. This certification 
must show the amount of gross receipts or sales for the most recent 
tax year, in both U.S. dollars and the local currency of the 
country, the exchange rate used in converting the local currency to 
U.S. dollars, and the dates for the gross receipts or sales 
collected. The applicant must also submit a statement signed by the 
head of the applicant's firm or by its chief financial officer that 
the applicant has submitted certifications for all of its 
affiliates, identifying the name of each affiliate, or that the 
applicant has no affiliates.

V. Procedures for Paying Application Fees

    If your application or submission is subject to a fee and your 
payment is received by FDA between October 1, 2017, and September 30, 
2018, you must pay the fee in effect for FY 2018. The later of the date 
that the application is received in the reviewing center's document 
room or the date the U.S. Treasury recognizes the payment determines 
whether the fee rates for FY 2017 or FY 2018 apply. FDA must receive 
the correct fee at the time that an application is submitted, or the 
application will not be accepted for filing or review.
    FDA requests that you follow the steps below before submitting a 
medical device application subject to a fee to ensure that FDA links 
the fee with the correct application. (Note: Do not send your user fee 
check to FDA with the application.)

A. Secure a Payment Identification Number (PIN) and Medical Device User 
Fee Cover Sheet From FDA Before Submitting Either the Application or 
the Payment

    Log into the User Fee System at: https://userfees.fda.gov/OA_HTML/mdufmaCAcdLogin.jsp. Complete the Medical Device User Fee cover sheet. 
Be sure you choose the correct application submission date range. (Two 
choices will be offered until October 1, 2017. One choice is for 
applications and fees that will be received on or before September 30, 
2017, which are subject to FY 2017 fee rates. A second choice is for 
applications and fees received on or after October 1, 2017, which are 
subject to FY 2018 fee rates.) After completing data entry, print a 
copy of the Medical Device User Fee cover sheet and note the unique PIN 
located in the upper right-hand corner of the printed cover sheet.

B. Electronically Transmit a Copy of the Printed Cover Sheet With the 
PIN

    When you are satisfied that the data on the cover sheet is 
accurate, electronically transmit that data to FDA according to 
instructions on the screen. Applicants are required to set up a user 
account and password to assure data security in the creation and 
electronic submission of cover sheets.

C. Submit Payment for the Completed Medical Device User Fee Cover Sheet

    1. The preferred payment method is online using electronic check 
(Automated Clearing House (ACH) also known as eCheck) or credit card 
(Discover, VISA, MasterCard, American Express). FDA has partnered with 
the U.S. Department of the Treasury to utilize Pay.gov, a web-based 
payment system, for online electronic payment. You may make a payment 
via electronic check or credit card after submitting your cover sheet. 
Secure electronic payments can be submitted using the User Fees Payment 
Portal at https://userfees.fda.gov/pay. Note: Only full payments are 
accepted. No partial payments can be made online. Once you search for 
your invoice, select ``Pay Now'' to be redirected to Pay.gov. 
Electronic payment options are based on the balance due. Payment by 
credit card is available for balances that are less than $25,000. If 
the balance exceeds this amount, only the ACH option is available. 
Payments must be made using U.S bank accounts as well as U.S. credit 
cards.
    2. If paying with a paper check:

    <bullet> All paper checks must be in U.S. currency from a U.S. 
bank and made payable to the Food and Drug Administration. If 
needed, FDA's tax identification number is 53-0196965.
    <bullet> Please write your application's unique PIN (from the 
upper right-hand corner of your completed Medical Device User Fee 
cover sheet) on your check.
    <bullet> Mail the paper check and a copy of the completed cover 
sheet to: Food and Drug Administration, P.O. Box 979033, St. Louis, 
MO 63197-9000. (Please note that this address is for payments of 
application and annual report fees only and is not to be used for 
payment of annual establishment registration fees.)

    If you prefer to send a check by a courier, the courier may deliver 
the check to: U.S. Bank, Attn: Government Lockbox 979033, 1005 
Convention Plaza, St. Louis, MO 63101. (Note: This U.S. Bank address is 
for courier delivery only. If you have any questions concerning courier 
delivery contact U.S. Bank at 314-418-4013. This telephone number is 
only for questions about courier delivery).
    3. If paying with a wire transfer:
    <bullet> Please include your application's unique PIN (from the 
upper right-hand corner of your completed Medical Device User Fee cover 
sheet) in your wire transfer. Without the PIN, your payment may not be 
applied to your cover sheet and review of your application may be 
delayed.
    <bullet> The originating financial institution may charge a wire 
transfer fee. If the financial institution charges a wire transfer fee 
it is required that you add that amount to the payment to ensure that 
the invoice is paid in full.
    Use the following account information when sending a wire transfer: 
U.S. Department of Treasury, TREAS NYC, 33 Liberty St., New York, NY 
10045, Acct. No. 75060099, Routing

[[Page 41034]]

No. 021030004, SWIFT: FRNYUS33, Beneficiary: FDA, 8455 Colesville Road, 
14th Floor, Silver Spring, MD 20993-0002.
    FDA records the official application receipt date as the later of 
the following: (1) The date the application was received by an FDA 
Document Control Center or (2) the date the U.S. Treasury recognizes 
the payment. It is helpful if the fee arrives at the bank at least 1 
day before the application arrives at FDA.

D. Submit Your Application to FDA With a Copy of the Completed Medical 
Device User Fee Cover Sheet

    Please submit your application and a copy of the completed Medical 
Device User Fee cover sheet to the address located at https://www.fda.gov/cdrhsubmissionaddress.

VI. Procedures for Paying the Annual Fee for Periodic Reporting

    You will be invoiced at the end of the quarter in which your PMA 
Periodic Report is due. Invoices will be sent based on the details 
included on your PMA file. You are responsible for ensuring FDA has 
your current billing information, and you may update your contact 
information for the PMA by submitting an amendment to the pending PMA 
or a supplement to the approved PMA.
    1. The preferred payment method is online using electronic check 
(ACH also known as eCheck) or credit card (Discover, VISA, MasterCard, 
American Express). Secure electronic payments can be submitted using 
the User Fees Payment Portal at https://userfees.fda.gov/pay (Note: 
Only full payments are accepted. No partial payments can be made 
online). Once you search for your invoice, select ``Pay Now'' to be 
redirected to Pay.gov. Note that electronic payment options are based 
on the balance due. Payment by credit card is available for balances 
that are less than $25,000. If the balance exceeds this amount, only 
the ACH option is available. Payments must be made using U.S. bank 
accounts as well as U.S. credit cards.
    2. If paying with a paper check:
    The check must be in U.S. currency from a U.S. bank and made 
payable to the Food and Drug Administration. If needed, FDA's tax 
identification number is 53-0196965.
    <bullet> Please write your invoice number on the check.
    <bullet> Mail the paper check and a copy of the invoice to: Food 
and Drug Administration, P.O. Box 979033, St. Louis, MO 63197-9000.

    (Please note that this address is for payments of application and 
annual report fees only and is not to be used for payment of annual 
establishment registration fees.)
    To send a check by a courier, the courier must deliver the check 
and printed copy of the cover sheet to: U.S. Bank, Attn: Government 
Lockbox 979033, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This 
U.S. Bank address is for courier delivery only. If you have any 
questions concerning courier delivery contact U.S. Bank at 314-418-
4013. This telephone number is only for questions about courier 
delivery).
    3. When paying by a wire transfer it is required that the invoice 
number is included, without the invoice number the payment may not be 
applied. If the payment amount is not applied the invoice amount would 
be referred to collections. The originating financial institution may 
charge a wire transfer fee. If the financial institution charges a wire 
transfer fee it is required that you add that amount to the payment to 
ensure that the invoice is paid in full.
    Use the following account information when sending a wire transfer: 
U.S. Department of the Treasury, TREAS NYC, 33 Liberty St., New York, 
NY 10045, Acct. No. 75060099, Routing No. 021030004, SWIFT: FRNYUS33, 
Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver Spring, MD 
20993-0002.

VII. Procedures for Paying Annual Establishment Registration Fees

    To pay the annual establishment registration fee, firms must access 
the Device Facility User Fee (DFUF) Web site at https://userfees.fda.gov/OA_HTML/furls.jsp. (FDA has verified the Web site 
address, but FDA is not responsible for any subsequent changes to the 
Web site address after this document publishes in the Federal 
Register.) Create a DFUF order and you will be issued a PIN when you 
place your order. After payment has been processed, you will be issued 
a payment confirmation number (PCN). You will not be able to register 
your establishment if you do not have a PIN and a PCN. An establishment 
required to pay an annual establishment registration fee is not legally 
registered in FY 2018 until it has completed the steps below to 
register and pay any applicable fee (see 21 U.S.C. 379j(g)(2)).
    Companies that do not manufacture any product other than a licensed 
biologic are required to register in the Blood Establishment 
Registration (BER) system. FDA's Center for Biologics Evaluation and 
Research (CBER) will send establishment registration fee invoices 
annually to these companies.

A. Submit a DFUF Order With a PIN From FDA Before Registering or 
Submitting Payment

    To submit a DFUF Order, you must create or have previously created 
a user account and password for the user fee Web site listed previously 
in this section. After creating a user name and password, log into the 
Establishment Registration User Fee FY 2018 store. Complete the DFUF 
order by entering the number of establishments you are registering that 
require payment. When you are satisfied that the information in the 
order is accurate, electronically transmit that data to FDA according 
to instructions on the screen. Print a copy of the final DFUF order and 
note the unique PIN located in the upper right-hand corner of the 
printed order.

B. Pay for Your DFUF Order

    Unless paying by credit card, all payments must be in U.S. currency 
and drawn on a U.S. bank.
    1. If paying by credit card or electronic check (ACH or eCheck): 
The DFUF order will include payment information, including details on 
how you can pay online using a credit card or electronic check. Follow 
the instructions provided to make an electronic payment.
    2. If paying with a paper check: The check must be in U.S. currency 
and drawn on a U.S. bank, and mailed to: Food and Drug Administration, 
P.O. Box 979108, St. Louis, MO 63197-9000. (Note: This address is 
different from the address for payments of application and annual 
report fees and is to be used only for payment of annual establishment 
registration fees.)
    If a check is sent by a courier that requests a street address, the 
courier can deliver the check to: U.S. Bank, Attn: Government Lockbox 
979108, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This U.S. 
Bank address is for courier delivery only. If you have any questions 
concerning courier delivery contact U.S. Bank at 314-418-4013. This 
telephone number is only for questions about courier delivery).
    Please make sure that both of the following are written on your 
check: (1) The FDA post office box number (P.O. Box 979108) and (2) the 
PIN that is printed on your order. Include a copy of your printed order 
when you mail your check.
    3. If paying with a wire transfer: Wire transfers may also be used 
to pay annual establishment registration fees. To send a wire transfer, 
please read and comply with the following information:
    Include your order's unique PIN (in the upper right-hand corner of 
your

[[Page 41035]]

completed DFUF order) in your wire transfer. Without the PIN, your 
payment may not be applied to your facility and your registration may 
be delayed.
    The originating financial institution may charge a wire transfer 
fee. If the financial institution charges a wire transfer fee it is 
required that you add that amount to the payment to ensure that the 
invoice is paid in full. Use the following account information when 
sending a wire transfer: U.S. Dept. of Treasury, TREAS NYC, 33 Liberty 
St., New York, NY 10045, Acct. No. 75060099, Routing No. 021030004, 
SWIFT: FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, 
Silver Spring, MD 20993-0002. If needed, FDA's tax identification 
number is 53-0196965.

C. Complete the Information Online To Update Your Establishment's 
Annual Registration for FY 2018, or To Register a New Establishment for 
FY 2018

    Go to the Center for Devices and Radiological Health's Web site at 
https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/RegistrationandListing/default.htm and click the 
``Access Electronic Registration'' link on the left side of the page. 
This opens up a new page with important information about the FDA 
Unified Registration and Listing System (FURLS). After reading this 
information, click on the ``Access Electronic Registration'' link in 
the middle of the page. This link takes you to an FDA Industry Systems 
page with tutorials that demonstrate how to create a new FURLS user 
account if your establishment did not create an account in FY 2017. 
Manufacturers of licensed biologics should register in the BER system 
at https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/EstablishmentRegistration/BloodEstablishmentRegistration/default.htm.
    Enter your existing account ID and password to log into FURLS. From 
the FURLS/FDA Industry Systems menu, click on the Device Registration 
and Listing Module (DRLM) of FURLS button. New establishments will need 
to register and existing establishments will update their annual 
registration using choices on the DRLM menu. When you choose to 
register or update your annual registration, the system will prompt you 
through the entry of information about your establishment and your 
devices. If you have any problems with this process, email: 
<a href="/cdn-cgi/l/email-protection#780a1d1f14110b0c381b1c0a10561e1c19561f170e"><span class="__cf_email__" data-cfemail="f98b9c9e95908a8db99a9d8b91d79f9d98d79e968f">[email protected]</span></a> or call 301-796-7400 for assistance. (Note: This 
email address and this telephone number are for assistance with 
establishment registration only; they are not to be used for questions 
related to other aspects of medical device user fees.) Problems with 
the BER system should be directed to https://www.accessdata.fda.gov/scripts/email/cber/bldregcontact.cfm or call 240-402-8360.

D. Enter Your DFUF Order PIN and PCN

    After completing your annual or initial registration and device 
listing, you will be prompted to enter your DFUF order PIN and PCN, 
when applicable. This process does not apply to establishments engaged 
only in the manufacture, preparation, propagation, compounding, or 
processing of licensed biologic devices. CBER will send invoices for 
payment of the establishment registration fee to such establishments.

    Dated: August 24, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-18378 Filed 8-28-17; 8:45 am]
 BILLING CODE 4164-01-P


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