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4148 Federal Register / Vol. 71, No.

16 / Wednesday, January 25, 2006 / Notices

TABLE 1. LIST OF FDA EXPORT CERTIFICATES—Continued


Form
Certificate Name Use Issuing FDA Center
FDA

Food Export Certificate Application 3613e For food products and dietary supplements CFSAN
that may be legally marketed in the United
States.

In the Federal Register of June 21, inspection schedule. At this time FDA The appropriate FDA centers will
2005 (70 FR 35678), FDA published a is not considering reevaluating the review product information submitted
60-day notice requesting public inspection schedule. by firms in support of their certificate
comment on the information collection FDA will continue to rely on self- and any suspected case of fraud will be
provisions involving export certificates. certification by manufacturers for the referred to FDA’s Office of Criminal
FDA received three comments; however, first three types of certificates listed in Investigations for follow-up. Firms
only one was related to the information Table 1 of this notice. Manufacturers are making or submitting to FDA false
collection. requested to self-certify that they are in statements on any documents may
The commenter suggested that compliance with all applicable
constitute violations of 18 U.S.C. 1001,
extending the ‘‘Certificate to Foreign requirements of the act, not only at the
with penalties including up to $250,000
Government’’ 2-year expiration date to time that they submit their request to
3, 4 or 5 years would reduce their the appropriate center, but also at the in fines and up to 5 years imprisonment.
financial burden. The export certificate time that they submit the certification to FDA estimates the burden of this
expiration date is based on the agency the foreign government. collection of information as follows:

TABLE 2.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual frequency Total annual Hours per
FDA Center Total hours
respondents per response responses response

CBER 1,501 1 1,501 1 1,501

CDER 4,803 1 4,803 1 4,803

CDRH 5,674 1 5,674 22 11,348

CFSAN, Office of Cosmetics and


Colors 730 1 730 1 730

CFSAN, Office of Plant and Dairy


Foods 181 1 181 1.5 271.5

CFSAN, Office of Nutritional


Products, Labeling and Dietary
Supplements 660 1 660 1.5 990

CFSAN, Office of Seafood 575 1 575 1.5 862.5

CVM 664 1 664 1 664

Total 21,170
1 Thereare no capital costs or operating and maintenance costs associated with this collection of information.
2 Based on center policy that allows multiple devices to appear on one certificate.

Dated: January 13, 2006. DEPARTMENT OF HEALTH AND availability of several proposed and
Jeffrey Shuren, HUMAN SERVICES final documents that have been
Assistant Commissioner for Policy. prepared by Study Groups 1, 2, 3, and
Food and Drug Administration 4 of the Global Harmonization Task
[FR Doc. E6–845 Filed 1–24–06; 8:45 am]
Force (GHTF). These documents are
BILLING CODE 4160–01–S [Docket No. 2006D–0011] intended to provide information only
and represent a harmonized proposal
Global Harmonization Task Force,
and recommendation from the GHTF
Study Groups 1, 2, 3, and 4; New
Study Groups that may be used by
Proposed and Final Documents;
governments developing and updating
Availability
their regulatory requirements for
AGENCY: Food and Drug Administration, medical devices. These documents are
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HHS. intended to provide information only


ACTION: Notice. and do not describe current regulatory
requirements; elements of these
SUMMARY: The Food and Drug documents may not be consistent with
Administration (FDA) is announcing the current U.S. regulatory requirements.

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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices 4149

FDA is requesting comments on these I. Background ‘‘Information Document Concerning the


documents. FDA has participated in a number of Definition of the Term ‘Medical
DATES: Submit written or electronic activities to promote the international Device,’’’ except for those devices used
comments on any of the proposed harmonization of regulatory for the in vitro examination of
documents by April 25, 2006. After the requirements. In September 1992, a specimens derived from the human
close of the comment period, written meeting was held in Nice, France by body. SG1/(PD)/N040:2005 (proposed
comments or electronic comments may senior regulatory officials to evaluate document) entitled ‘‘Principles of
be submitted at any time to the contact international harmonization. At this Conformity Assessment for Medical
persons listed in this document. time it was decided to form a GHTF to Devices’’ describes the evidence and
procedures that may be used by the
ADDRESSES: Submit written requests for facilitate harmonization. Subsequent
manufacturer to demonstrate that a
single copies on a 3.5″ diskette of the meetings have been held on a yearly
medical device is safe and performs as
guidance documents to the Division of basis in various locations throughout
intended by the manufacturer, and the
Small Manufacturers, International, and the world.
process by which a Regulatory
Consumer Assistance (HFZ–220), Center The GHTF is a voluntary group of
Authority, or Conformity Assessment
for Devices and Radiological Health, representatives from national medical
Body, may confirm that the procedures
Food and Drug Administration, 1350 device regulatory authorities and the
are properly applied by the
Piccard Dr., Rockville, MD 20850. Send regulated industry. Since its inception,
manufacturer. This document applies to
one self-addressed adhesive label to the GHTF has been comprised of
all products that fall within the
assist that office in processing your representatives from five founding
definition of a medical device, as
request, or fax your request to 301–443– members grouped into three
described in GHTF document SG1/
8818. See the SUPPLEMENTARY geographical areas: Europe, Asia-Pacific,
N29:2005 entitled ‘‘Information
INFORMATION section for information on and North America, each of which
Document Concerning the Definition of
electronic access to the guidance. actively regulates medical devices using the Term ‘Medical Device,’’’ except for
Submit written comments concerning their own unique regulatory framework. those devices used for the in vitro
this guidance to the Division of Dockets The objective of the GHTF is to
examination of specimens derived from
Management (HFA–305), Food and Drug encourage convergence at the global
the human body.
Administration, 5630 Fishers Lane, rm. level of regulatory systems of medical SG1/N29R16:2005 (final document)
1061, Rockville, MD 20852. Submit devices in order to facilitate trade while entitled ‘‘Information Document
electronic comments to http:// preserving the right of participating Concerning the Definition of the Term
www.fda.gov/dockets/ecomments. members to address the protection of ‘Medical Device’’’ describes a
Identify comments with the docket public health by regulatory means harmonized definition of a medical
number found in brackets in the considered most suitable. One of the device and provides information on
heading of this document. ways this objective is achieved is by products that may be considered to be
FOR FURTHER INFORMATION CONTACT: identifying and developing areas of medical devices in some jurisdictions.
For Study Group 1: Ginette Y. international cooperation in order to This document applies to products that
Michaud, Chairperson, GHTF, facilitate progressive reduction of have a medical purpose, including those
Study Group 1, Office of Device technical and regulatory differences in used for the in vitro examination of
Evaluation, Center for Devices and systems established to regulate medical specimens derived from the human
Radiological Health (HFZ–480), devices. In an effort to accomplish these body.
Food and Drug Administration, objectives, the GHTF formed five study SG1/N41R9:2005 (final document)
9200 Corporate Blvd., Rockville, groups to draft documents and carry on entitled ‘‘Essential Principles of Safety
MD 20850, 301–443–8913, ext.143. other activities designed to facilitate and Performance of Medical Devices’’ is
For Study Group 2: Mary Brady, global harmonization. This notice is a a revised version of previously
GHTF, Study Group 2, Office of result of documents that have been published guidance on the subject and
Surveillance and Biometrics, Center developed by four of the study groups describes the six general requirements
for Devices and Radiological Health (1, 2, 3, and 4). of safety and performance that apply to
(HFZ–530), Food and Drug Study Group 1 was initially tasked all medical devices and provides a
Administration, 1350 Piccard Dr., with the responsibility of identifying comprehensive list of design and
Rockville, MD 20850, 301–594– differences between various regulatory manufacturing requirements of safety
2102. systems. In 1995, the group was asked and performance, some of which are
to propose areas of potential relevant to each medical device. This
For Study Group 3: Kimberly harmonization for premarket device document applies to all products that
Trautman, GHTF, Study Group 3, regulations and possible guidance that fall within the definition of a medical
Office of Compliance, Center for could help lead to harmonization. As a device that appears within the GHTF
Devices and Radiological Health result of its efforts, this group has document entitled ‘‘Information
(HFZ–340), Food and Drug developed proposed documents SG1/ Document Concerning the Definition of
Administration, 2094 Gaither Rd., (PD)N015:2005 and SG1(PD)/N040:2005 the Term ‘Medical Device,’’’ including
Rockville, MD 20850, 240–276– and final documents SG1/N29R16:2005, those used for the in vitro examination
0296. SG1/N41R9:2005, and SG1/N43:2005. of specimens derived from the human
SG1(PD)N015:2005 (proposed body. The new guidance is intended to
For Study Group 4: Jacqueline Welch, document) entitled ‘‘Principles of supersede the previous version of the
GHTF, Study Group 4, Office of Medical Devices Classification’’ assists a guidance. SG1/N43:2005 (final
Compliance, Center for Devices and manufacturer to assign its medical document) entitled ‘‘Labelling for
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Radiological Health (HFZ–320), device to an appropriate risk class using Medical Devices’’ describes harmonized
Food and Drug Administration, a set of harmonized principles. This principles for the labelling of medical
2094 Gaither Rd., Rockville, MD document applies to products that have devices and recommends harmonized
20850, 240–276–0115. a medical purpose, as described in content of labeling such as the device
SUPPLEMENTARY INFORMATION: GHTF document SG1/N29:2005 entitled identity and intended purpose; how to

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4150 Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices

use, maintain and store a device; System’’ is intended to assist medical ADDRESSES), written or electronic
residual risks; warnings and device manufacturers with the comments regarding these documents.
contraindications. This document integration of a risk management system Submit a single copy of electronic
applies to all products that fall within or risk management principles and comments or two paper copies of any
the definition of a medical device that activities into their existing quality mailed comments, except that
appears within the GHTF document management system by providing individuals may submit one paper copy.
SG1/N29:2005 entitled ‘‘Information practical explanations and examples. Comments are to be identified with the
Document Concerning the Definition of This document assumes a basic docket number found in brackets in the
the Term ‘Medical Device,’’’ including understanding of quality management heading of this document. Comments
those used for the in vitro examination system requirements and a basic received may be seen in the Division of
of specimens derived from the human knowledge of quality management Dockets Management between 9 a.m.
body. The new guidance is intended to system terminology. and 4 p.m., Monday through Friday.
supersede the previous version of the Study Group 4 was initially tasked
Dated: January 17, 2006.
guidance. with the responsibility of developing
Linda S. Kahan,
Study Group 2 was initially tasked guidance documents on quality systems
with the responsibility of developing auditing practices. As a result of its Deputy Director, Center for Devices and
guidance documents that will be used Radiological Health.
efforts, this group has developed
for the exchange of adverse event document SG4(PD)/N30R16:2005. [FR Doc. E6–846 Filed 1–24–06; 8:45 am]
reports. As a result of its efforts, this SG4(PD)/N30R16:2005 (proposed BILLING CODE 4160–01–S
group has developed proposed document) entitled ‘‘Guidelines for
documents SG2(PD)/N54R6:2005, Regulatory Auditing of Quality
SG2(PD)/N57R6:2005, and SG2(PD)/ Management Systems of Medical Device DEPARTMENT OF HEALTH AND
N79R5:2005 and final document SG2/ Manufacturers—Part 2: Regulatory HUMAN SERVICES
N38R14:2005. Auditing Strategy’’ is intended to assist
SG2/(PD)/N54R6:2005 (proposed Health Resources and Services
medical device regulators and auditing Administration
document) entitled ‘‘Post Market organizations conducting quality
Surveillance: Global Guidance for management system audits of medical Agency Information Collection
Adverse Event Reporting for Medical device manufacturers based on the Activities: Submission for OMB
Devices’’ provides guidance on the type process approach to quality Review; Comment Request
of adverse events associated with management system requirements (e.g.,
medical devices that should be reported ISO 13485:2003 and 21 CFR Part 820). Periodically, the Health Resources
by manufacturers to a National and Services Administration (HRSA)
Competent Authority (NCA). SG2(PD)/ II. Significance of Guidance publishes abstracts of information
N57R6:2005 (proposed document) These documents represent collection requests under review by the
entitled ‘‘Medical Devices: Post Market recommendations from the GHTF study Office of Management and Budget
Surveillance: Content of Field Safety groups and do not describe regulatory (OMB), in compliance with the
Notices’’ identifies elements that should requirements. FDA is making these Paperwork Reduction Act of 1995 (44
be included in safety related documents available so that industry U.S.C. Chapter 35). To request a copy of
notifications issued by the medical and other members of the public may the clearance requests submitted to
device manufacturer. SG2/(PD)/ express their views and opinions. OMB for review, call the HRSA Reports
N79R5:2005 (proposed document) Clearance Office on (301)–443–1129.
entitled ‘‘Medical Devices: Post Market III. Electronic Access The following request has been
Surveillance: National Competent Persons interested in obtaining a copy submitted to the Office of Management
Authority Report Exchange Criteria and of the guidances may also do so by and Budget for review under the
Report Form’’ provides guidance, using the Internet. The Center for Paperwork Reduction Act of 1995:
procedures, and forms for the exchange Devices and Radiological Health (CDRH)
of reports concerning the safety of maintains an entry on the Internet for Proposed Project: Maternal and Child
medical devices between NCA and other easy access to information including Health Bureau Performance Measures
participants of the GHTF National text, graphics, and files that may be for Discretionary Grants (OMB No.
Competent Authority Report (NCAR) downloaded to a personal computer 0915–0272)
exchange program. with Internet access. Updated on a The Maternal and Child Health
SG2/N38R15:2005 (final document) regular basis, the CDRH home page Bureau (MCHB) intends to continue to
entitled ‘‘Application Requirements for includes device safety alerts, Federal collect performance data for Special
Participation in the GHTF National Register reprints, information on Projects of Regional and National
Competent Authority Report Exchange premarket submissions (including lists Significance (SPRANS), Community
Program’’ describes the prerequisites of approved applications and Integrated Service Systems (CISS), and
and commitments required from an manufacturers’ addresses), small other grant programs administered by
organization before it can participate in manufacturer’s assistance, information MCHB.
the NCAR exchange program founded on video conferencing and electronic The Health Resources and Services
by GHTF SG2. submissions, Mammography Matters, Administration (HRSA) proposes to
Study Group 3 was initially tasked and other device-oriented information. continue using reporting requirements
with the responsibility of developing Information on the GHTF may be for SPRANS projects, CISS projects, and
guidance documents on quality systems. accessed at http://www.ghtf.org. The other grant programs administered by
As a result of its efforts, this group has CDRH Web site may be accessed at MCHB, including national performance
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developed final document SG3/ http://www.fda.gov/cdrh. measures, previously approved by OMB,


N15R8:2005. SG3/N15R8:2005 (final and in accordance with the
document) entitled ‘‘Implementation of IV. Comments ‘‘Government Performance and Results
Risk Management Principles and Interested persons may submit to the Act (GPRA) of 1993’’ (Pub. L. 103–62).
Activities within a Quality Management Division of Dockets Management (see This Act requires the establishment of

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