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Federal Register / Vol. 72, No.

130 / Monday, July 9, 2007 / Notices 37235

have developed a shared vision for information to the Division of Dockets requiring that the methods used in, and
addressing the causes and effects of Management (HFA–305), Food and Drug the facilities and controls used for, the
poverty; established a framework to Administration, 5630 Fishers Lane, rm. manufacture, pre-production design
convene fragmented programs across 1061, Rockville, MD 20852. All validation (including a process to assess
State and local governments; and comments should be identified with the the performance of a device but not
utilized technological advances to better docket number found in brackets in the including an evaluation of the safety
serve communities and track program heading of this document. and effectiveness of a device), packing,
successes. The period of this funding FOR FURTHER INFORMATION CONTACT: storage, and installation of a device
will extend from September 30, 2007 Denver Presley, Jr., Office of the Chief conform to CGMP, as described in such
through September 29, 2008. Information Officer (HFA–250), Food regulations, to assure that the device
FOR FURTHER INFORMATION CONTACT: and Drug Administration, 5600 Fishers will be safe and effective and otherwise
Peter Thompson, Office of Community Lane, Rockville, MD 20857, 301–827– in compliance with the act.
Services, Administration for Children 1472. The CGMP/QS regulation
and Families, 370 L’Enfant Promenade, implementing authority provided by
SUPPLEMENTARY INFORMATION: Under the this statutory provision is found under
SW., Washington, DC 20447, Telephone: PRA (44 U.S.C. 3501–3520), Federal
202–401–4608, E-mail: part 820 (21 CFR part 820) and sets forth
agencies must obtain approval from the basic CGMP requirements governing the
peter.thompson@acf.hhs.gov. Office of Management and Budget design, manufacture, packing, labeling,
Dated: July 2, 2007. (OMB) for each collection of storage, installation, and servicing of all
Yolanda J. Butler, information they conduct or sponsor. finished medical devices intended for
Deputy Director, Office of Community ‘‘Collection of information’’ is defined human use. The authority for this
Services. in 44 U.S.C. 3502(3) and 5 CFR regulation is covered under sections
[FR Doc. E7–13151 Filed 7–6–07; 8:45 am] 1320.3(c) and includes agency requests 501, 502, 510, 513, 514, 515, 518, 519,
BILLING CODE 4184–01–P or requirements that members of the 520, 522, 701, 704, 801, and 803 of the
public submit reports, keep records, or act (21 U.S.C. 351, 352, 360, 360c, 360d,
provide information to a third party. 360e, 360h, 360i, 360j, 360l, 371, 374,
DEPARTMENT OF HEALTH AND Section 3506(c)(2)(A) of the PRA (44 381, and 383). The CGMP/QS regulation
HUMAN SERVICES U.S.C. 3506(c)(2)(A)) requires Federal includes requirements for purchasing
agencies to provide a 60-day notice in and service controls, clarifies
Food and Drug Administration the Federal Register concerning each recordkeeping requirements for device
[Docket No. 2007N–0229] proposed collection of information, failure and complaint investigations,
including each proposed extension of an clarifies requirements for verifying/
Agency Information Collection existing collection of information, validating production processes and
Activities; Proposed Collection; before submitting the collection to OMB process or product changes, and
Comment Request; Medical Devices: for approval. To comply with this clarifies requirements for product
Current Good Manufacturing Practice requirement, FDA is publishing notice acceptance activities quality data
Quality System Regulations of the proposed collection of evaluations and corrections of
information set forth in this document. nonconforming product/quality
AGENCY: Food and Drug Administration, With respect to the following
HHS. problems.
collection of information, FDA invites Requirements are compatible with
ACTION: Notice. comments on these topics: (1) Whether specifications in the international
SUMMARY: The Food and Drug
the proposed collection of information standards ‘‘ISO 9001: Quality Systems
Administration (FDA) is announcing an is necessary for the proper performance Model for Quality Assurance in Design/
opportunity for public comment on the of FDA’s functions, including whether Development, Production, Installation,
proposed collection of certain the information will have practical and Servicing.’’ The CGMP/QS
information by the agency. Under the utility; (2) the accuracy of FDA’s information collections will assist FDA
Paperwork Reduction Act of 1995 (the estimate of the burden of the proposed inspections of manufacturers for
PRA), Federal agencies are required to collection of information, including the compliance with quality system
publish notice in the Federal Register validity of the methodology and requirements encompassing design,
concerning each proposed collection of assumptions used; (3) ways to enhance production, installation, and servicing
information, including each proposed the quality, utility, and clarity of the processes.
extension of an existing information information to be collected; and (4) Section 820.20(a) through (e) requires
collection, and to allow 60 days for ways to minimize the burden of the management with executive
public comment in response to the collection of information on responsibility to establish, maintain,
notice. This notice solicits comments on respondents, including through the use and/or review the following topics: (1)
recordkeeping requirements related to of automated collection techniques, The quality policy; (2) the
the medical devices current good when appropriate, and other forms of organizational structure; (3) the quality
manufacturing practice (CGMP) quality information technology. plan; and (4) the quality system
system (QS) regulation (CGMP/QS Medical Devices: Current Good procedures of the organization.
regulation). Section 820.22 requires the conduct
Manufacturing Practice Quality System
and documentation of quality system
DATES: Submit written or electronic Regulations--21 CFR Part 820 (OMB
audits and reaudits.
comments on the collection of Control Number 0910–0073)—Extension Section 820.25(b) requires the
information by September 7, 2007. Under section 520(f) of the Federal establishment of procedures to identify
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ADDRESSES: Submit electronic Food, Drug, and Cosmetic Act (the act) training needs and documentation of
comments on the collection of (21 U.S.C. 360j(f)), the Secretary of the such training.
information to: http://www.fda.gov/ Department of Health and Human Section 820.30(a)(1) and (b) through
dockets/ecomments. Submit written Services (the Secretary) has the (j), requires in respective order, the
comments on the collection of authority to prescribe regulations establishment, maintenance, and/or

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37236 Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices

documentation of the following topics: equipment inspection records; (8) records for all corrective and preventive
(1) Procedures to control design of class equipment tolerance postings; action activities.
III and class II devices, and certain class procedures for utilizing manufacturing Section 820.100(a)(1) through (a)(7)
I devices as listed therein; (2) plans for materials expected to have an adverse states that procedures and requirements
design and development activities and effect on product quality; and (9) shall be established and maintained for
updates; (3) procedures identifying, validation protocols and validation corrective/preventive actions, including
documenting, and approving design records for computer software and the following: (1) Analysis of data from
input requirements; (4) procedures software changes. process, work, quality, servicing
defining design output, including Sections 820.72(a), (b)(1), and (b)(2) records; investigation of
acceptance criteria, and documentation and 820.75(a) through (c) require, nonconformance causes; (2)
of approved records; (5) procedures for respectively, the establishment, identification of corrections and their
formal review of design results and maintenance, and/or documentation of effectiveness; (3) recording of changes
documentation of results in the design the following topics: (1) Equipment made; and (4) appropriate distribution
history file (DHF); (6) procedures for calibration and inspection procedures; and managerial review of corrective and
verifying device design and (2) national, international or in-house preventive action information.
documentation of results and approvals calibration standards; (3) records that Section 820.120 states that
in the DHF; (7) procedures for validating identify calibrated equipment and next manufacturers shall establish/maintain
device design, including documentation calibration dates; (4) validation procedures to control labeling storage/
of results in the DHF; (8) procedures for procedures and validation results for application; and examination/release for
translating device design into processes not verifiable by inspections storage and use, and document those
production specifications; (9) and tests; (5) procedures for keeping procedures.
procedures for documenting, verifying validated processes within specified Sections 820.120(b) and (d), 820.130,
validating approved design changes limits; (6) records for monitoring and 820.140, 820.150(a) and (b), 820.160(a)
before implementation of changes; and controlling validated processes; and (7) and (b), and 820.170(a) and (b),
(10) the records and references records of the results of revalidation respectively, require the establishment,
constituting the DHF for each type of where necessitated by process changes maintenance, and/or documentation of
device. or deviations. following topics: (1) Procedures for
Section 820.40 requires manufacturers Sections 820.80(a) through (e) and controlling and recording the storage,
to establish and maintain procedures 820.86, respectively, require the examination, release and use of labeling;
controlling approval and distribution of establishment, maintenance, and/or (2) the filing of labels/labeling used in
required documents and document documentation of the following topics: the DHR; (3) procedures for controlling
changes. (1) Procedures for incoming acceptance product storage areas and receipt/
Section 820.40(a) and (b) requires the by inspection, test, or other verification; dispatch authorizations; (4) procedures
establishment and maintenance of (2) procedures for ensuring that in- controlling the release of products for
procedures for the review, approval, process products meet specified distribution; (5) distribution records that
issuance and documentation of required requirements and the control of product identify consignee, product, date and
records (documents) and changes to until inspection and tests are control numbers; and (6) instructions,
those records. completed; (3) procedures for, and inspection and test procedures that are
Section 820.50(a)(1), (a)(2), (a)(3), and records that show, incoming acceptance made available, and the recording of
(b) requires the establishment and or rejection is conducted by inspections, results for devices requiring installation.
maintenance of procedures and tests or other verifications; (4) Sections 820.180(b) and (c),
requirements to ensure service and procedures for, and records that show, 820.181(a) through (e), 820.184(a)
product quality, records of acceptable finished devices meet acceptance through (f), and 820.186 require,
suppliers, and purchasing data criteria and are not distributed until respectively, the maintenance of
describing specified requirements for device master record (DMR) activities records: (1) That are retained at
products and services. are completed; (5) records in the device prescribed site(s), made readily
Sections 820.60 and 820.65 require, history record (DHR) showing available and accessible to FDA and
respectively, the establishment and acceptance dates, results, and retained for the device’s life expectancy
maintenance of procedures for equipment used; and (6) the acceptance/ or for 2 years; (2) that are contained or
identifying all products from receipt to rejection identification of products from referenced in a DMR consisting of
distribution and for using control receipt to installation and servicing. device, process, quality assurance,
numbers to track surgical implants and Sections 820.90(a), (b)(1), and (b)(2) packaging and labeling, and installation,
life-sustaining or supporting devices and 820.100 require, respectively, the maintenance, and servicing
and their components. establishment, maintenance and/or specifications and procedures; (3) that
Section 820.70(a)(1) through (a)(5), (b) documentation of the following topics: are contained in a DHR and demonstrate
through (e), (g)(1) through (g)(3), (h), and (1) Procedures for identifying, the manufacture of each unit, lot, or
(i) requires the establishment, recording, evaluating and disposing of batch of product in conformance with
maintenance, and/or documentation of nonconforming product; (2) procedures DMR and regulatory requirements,
the following topics: (1) Process control for reviewing and recording concessions include manufacturing and distribution
procedures; (2) procedures for verifying made for, and disposition of, dates, quantities, acceptance
or validating changes to specification, nonconforming product; (3) procedures documents, labels and labeling, control
method, process, or procedure; (3) for reworking products, evaluating numbers; and (4) that are contained in
procedures to control environmental possible adverse rework effect and a quality system record (QSR),
conditions and inspection result recording results in the DHR; (4) consisting of references, documents,
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records; (4) requirements for personnel procedures and requirements for procedures, and activities not specific to
hygiene; (5) procedures for preventing corrective and preventive actions, particular devices.
contamination of equipment and including analysis, investigation, Sections 820.198(a) through (c) and
products; (6) equipment adjustment, identification and review of data, 820.200(a) through (d), respectively,
cleaning and maintenance schedules; (7) records, causes and results; and (5) require the establishment, maintenance,

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Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices 37237

and/or documentation of the following manufacturers of human blood and hospitals that remanufacture or reuse
topics: (1) Complaint files and blood components subject to 21 CFR SUDs. They include manufacturers,
procedures for receiving, reviewing and part 606. With respect to devices subject to all requirements and contract
evaluating complaints; (2) complaint classified in class I, design control manufacturers, specification developers,
investigation records identifying the requirements apply only to class I repackers, relabelers, and contract
device, complainant, and relationship of devices listed in § 820.30(a)(2) of the sterilizers, subject only to requirements
the device to the incident; (3) complaint regulation. The rule imposes burden applicable to their activities. Hospital
records that are reasonably accessible to upon: (1) Finished device manufacturer remanufacturers of SUDs are now
the manufacturing site or at prescribed firms, which are subject to all defined to be manufacturers under
sites; (4) procedures for performing and recordkeeping requirements; (2) guidelines issued by FDA’s Center for
verifying that device servicing finished device contract manufacturers; Devices and Radiological Health
requirements are met and that service specification developers; and (3) (CDRH), Office of Surveillance and
reports involving complaints are repacker, relabelers, and contract Biometrics. Respondents to this
processed as complaints; and (5) service sterilizer firms, which are subject only collection have no reporting activities,
reports that record the device, service to requirements applicable to their but must make required records
activity, and test and inspection data. activities. In addition, remanufacturers available for review or copying during
Section 820.250 requires the of hospital single-use devices (SUDs) FDA inspection. The regulation contains
establishment and maintenance of will now be considered to have the additional recordkeeping requirements
procedures to identify valid statistical same requirements as manufacturers in in such areas as design control,
techniques necessary to verify process regard to this regulation. The purchasing, installation, and
and product acceptability; and sampling establishment, maintenance and/or information relating to the
plans, when used, which are written documentation of procedures, records, remanufacture of SUDs. The estimates
and based on valid statistical rationale; and data required by this regulation will for this burden are derived from those
and procedures for ensuring adequate assist FDA in determining whether incremental tasks that were determined
sampling methods. firms are in compliance with CGMP when the new CGMP/QS regulation
The CGMP/QS regulation amends and became final as well as those carry-over
requirements, which are intended to
revises the CGMP requirements for requirements. The carry-over
ensure that devices meet their design,
medical devices set out under part 820. requirements are based on decisions
The regulation adds design and production, labeling, installation, and
servicing specifications and, thus are made by the agency on July 16, 1992,
purchasing controls; modifies previous under OMB clearance submission 0910–
critical device requirements; revises safe, effective and suitable for their
intended purpose. In particular, 0073, which still provides valid baseline
previous validation and other data.
requirements; and harmonizes device compliance with CGMP design control
CGMP requirements with QS requirements should decrease the FDA estimates respondents will have
specifications in the international number of design-related device failures a total annual recordkeeping burden of
standard ‘‘ISO 9001: Quality Systems that have resulted in deaths and serious approximately 3,076,370 hours. This
Model for Quality Assurance in Design/ injuries. figure also consists of approximately
Development, Production, Installation, The CGMP/QS regulation applies to 143,052 hours spent on a startup basis
and Servicing.’’ The rule does not apply approximately 8,963 respondents. These by 650 new firms.
to manufacturers of components or parts recordkeepers consist of 8,945 original FDA estimates the burden for this
of finished devices, nor to respondents and an estimated 18 collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


Annual Frequency
No. of Total Annual Hours per
21 CFR Section per Record- Total Hours
Recordkeepers Hours Record
keeping

820.20(a) 8,963 1 8,963 6.58 58,977

820.20(b) 8,963 1 8,963 4.43 39,706

820.20(c) 8,963 1 8,963 6.17 55,302

820.20(d) 8,963 1 8,963 9.89 88,644

820.20(e) 8,963 1 8,963 9.89 88,644

820.22 8,963 1 8,963 32.72 293,269

820.25(b) 8,963 1 8,963 12.68 113,651

820.30(a)(1) 8,963 1 8,963 1.75 15,685

820.30(b) 8,963 1 8,963 5.95 53,330


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820.30(c) 8,963 1 8,963 1.75 15,685

820.30(d) 8,963 1 8,963 1.75 15,685

820.30(e) 8,963 1 8,963 23.39 209,645

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37238 Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued


Annual Frequency
No. of Total Annual Hours per
21 CFR Section per Record- Total Hours
Recordkeepers Hours Record
keeping

820.30(f) 8,963 1 8,963 37.42 335,395

820.30(g) 8,963 1 8,963 37.42 335,395

820.30(h) 8,963 1 8,963 3.34 29,936

820.30(i) 8,963 1 8,963 17.26 154,701

820.30(j) 8,963 1 8,963 2.64 23,662

820.40 8,963 1 8,963 8.91 79,860

820.40(a) and (b) 8,963 1 8,963 2.04 18,285

820.50(a)(1) through (a)(3) 8,963 1 8,963 21.90 196,290

820.50(b) 8,963 1 8,963 6.02 53,957

820.6 8,963 1 8,963 0.32 2,868

820.65 8,963 1 8,963 0.67 6,005

820.70(a)(1) through (a)(5) 8,963 1 8,963 1.85 16,582

820.70(b) and (c) 8,963 1 8,963 1.85 16,582

820.70(d) 8,963 1 8,963 2.87 25,724

820.70(e) 8,963 1 8,963 1.85 16,582

820.70(g)(1) through (g)(3) 8,963 1 8,963 1.43 12,817

820.70(h) 8,963 1 8,963 1.85 16,582

820.70(i) 8,963 1 8,963 7.50 67,223

820.72(a) 8,963 1 8,963 4.92 44,098

820.72(b)(1) and (b)(2) 8,963 1 8,963 1.43 12,817

820.75(a) 8,963 1 8,963 2.69 24,110

820.75(b) 8,963 1 8,963 1.02 9,142

820.75(c) 8,963 1 8,963 1.11 9,949

820.80(a) through (e) 8,963 1 8,963 4.80 43,022

820.86 8,963 1 8,963 0.79 7,081

820.90(a) 8,963 1 8,963 4.95 44,367

820.90(b)(1) and (b)(2) 8,963 1 8,963 4.95 44,367

820.100 (a)(1) through (a)(7) 8,963 1 8,963 12.48 111,858

820.100(b) 8,963 1 8,963 1.28 11,473

820.120(b) 8,963 1 8,963 0.45 4,033

820.120(d) 8,963 1 8,963 0.45 4,033

820.130 8,963 1 8,963 0.45 4,033

820.140 8,963 1 8,963 6.34 56,825


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820.150(a) and (b) 8,963 1 8,963 5.67 50,820

820.160(a) and (b) 8,963 1 8,963 0.67 6,005

820.170(a) and (b) 8,963 1 8,963 1.50 13,445

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Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices 37239

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued


Annual Frequency
No. of Total Annual Hours per
21 CFR Section per Record- Total Hours
Recordkeepers Hours Record
keeping

820.180(b) and (c) 8,963 1 8,963 1.50 13,445

820.181(a) through (e) 8,963 1 8,963 1.21 10,845

820.184(a) through (f) 8,963 1 8,963 1.41 12,638

820.186 8,963 1 8,963 0.40 3,585

820.198(a) through (c) 8,963 1 8,963 4.94 44,277

820.200(a) and (d) 8,963 1 8,963 2.61 23,393

820.25 8,963 1 8,963 0.67 6,005

Totals 3,072,337
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Burden (labor) hour and cost FDA estimates that some 650 ‘‘new’’ SUMMARY: The Food and Drug
estimates were originally developed establishments (marketing devices for Administration (FDA) is announcing
under FDA contract by Eastern Research the first time) will expend some 143,052 that a collection of information entitled
Group, Inc. (ERG), in 1996 when the ‘‘development’’ hours on a one-time ‘‘Procedures for the Safe and Sanitary
CGMP/QS regulation became final. startup basis to develop records and Processing and Importing of Fish and
These figures are still accurate. procedures for the CGMP/QS regulation. Fishery Products’’ has been approved by
Additional factors considered in FDA estimates that annual labor hours the Office of Management and Budget
deriving estimates included the are apportioned as follows: (1) 40 (OMB) under the Paperwork Reduction
following: percent goes to requirements dealing Act of 1995.
• Establishment Type: Query has been with manufacturing specifications,
made of CDRH’s registration/listing process controls, and the DHR; (2) 20 FOR FURTHER INFORMATION CONTACT:
databank and has counted 8,963 percent goes to requirements dealing Jonna Capezzuto, Office of the Chief
domestic firms subject to CGMPs. In with components and acceptance Information Officer (HFA–250), Food
addition, hospitals that reuse or activities; (3) 25 percent goes to and Drug Administration, 5600 Fishers
remanufacture devices are now requirements dealing with equipment, Lane, Rockville, MD 20857, 301–827–
considered manufacturers under new records (the DMR and QSR), complaint 4659.
FDA guidance. After investigations of investigations, labeling/packaging and
many hospitals and the changes in reprocessing/investigating product SUPPLEMENTARY INFORMATION: In the
enforcements of FDA’s requirements for nonconformance; and 15 percent goes to Federal Register of March 7, 2007 (72
hospitals, the number of reuse or quality audit, traceability, handling, FR 10222), the agency announced that
remanufactures of single-use medical distribution, statistical, and other the proposed information collection had
devices have decreased from the requirements. been submitted to OMB for review and
estimated 66 to an estimated 18 Dated: June 28, 2007. clearance under 44 U.S.C. 3507. An
hospitals. Because the total number of Jeffrey Shuren, agency may not conduct or sponsor, and
registered firms is not static, the number a person is not required to respond to,
Assistant Commissioner for Policy.
of respondents will fluctuate from year a collection of information unless it
[FR Doc. E7–13152 Filed 7–6–07; 8:45 am]
to year resulting in slight changes to the displays a currently valid OMB control
BILLING CODE 4160–01–S
overall burden. Currently, there are number. OMB has now approved the
8,963 firms subject to the CGMPs; an information collection and has assigned
increase from the last renewal of 8,254. DEPARTMENT OF HEALTH AND OMB control number 0910–0354. The
• Potentially Affected Establishments: HUMAN SERVICES approval expires on June 30, 2010. A
Except for manufacturers, not every type copy of the supporting statement for this
of firm is subject to every CGMP/QS Food and Drug Administration information collection is available on
requirement. For example, all are the Internet at http://www.fda.gov/
subject to FDA’s quality policy [Docket No. 2006N–0357] ohrms/dockets.
regulations (§ 820.20(a)), document
Agency Information Collection Dated: June 28, 2007.
control regulations (§ 820.40), and other
requirements, whereas only Activities; Announcement of Office of Jeffrey Shuren,
manufacturers and specification Management and Budget Approval; Assistant Commissioner for Policy.
developers are subject to FDA’s design Procedures for the Safe and Sanitary [FR Doc. E7–13153 Filed 7–6–07; 8:45 am]
controls regulations (§ 820.30). The type Processing and Importing of Fish and BILLING CODE 4160–01–S
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of firm subject to each requirement was Fishery Products


identified by ERG. AGENCY: Food and Drug Administration,
FDA estimates the burden hours (and HHS.
costs) based on the last approved
ACTION: Notice.
renewal for this information collection.

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