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safety and effectiveness of the device. blood components, should comply with recommends that manufacturers of these
This draft guidance document serves as the same general and special controls. devices file with FDA an annual report
the special control to support the The annual report should include, at for three consecutive years, this would
reclassification from class III to class II a minimum, a summary of anticipated be less burdensome than the current
of the automated blood cell separator and unanticipated donor adverse device postapproval requirements under part
device operating on a centrifugal events that have occurred, such as those 814, subpart E (21 CFR part 814, subpart
separation principle intended for the required under (§ 606.160(b)(1)(iii) 21 E), including the submission of periodic
routine collection of blood and blood CFR 606.160(b)(1)(iii))1 to be recorded reports under § 814.84.
components; and, serves as the special and maintained by the facility using the
Collecting or transfusing facilities,
control for the filtration-based device device to collect blood and blood
and manufacturers have certain
with the same intended use reclassified components, and that might not be
reported by manufacturers under responsibilities under the CFR. Among
as class II in the Federal Register of
Medical Device Reporting (MDR). Also, others, collecting or transfusing
February 28, 2003 (68 FR 9530).
For currently marketed products not equipment failures, including software, facilities are required to maintain
approved under the premarket approval hardware, and disposable item failures’ records of any reports of complaints of
(PMA) process, the manufacturer should should be reported. The reporting of adverse reactions (§ 606.170), while the
file with FDA for 3 consecutive years an adverse device events summarized in an manufacturer is responsible for
annual report on the anniversary date of annual report will alert FDA to trends conducting an investigation of each
the device reclassification from Class III or clusters of events that might be a event that is reasonably known to the
to Class II or, on the anniversary date of safety issue otherwise unreported under manufacturer and evaluating the cause
the 510(k) clearance. Any subsequent the MDR regulation. of the event § 803.50(b)(2) (21 CFR
change to the device requiring the Reclassification of this device from 803.50(b)(2)). In the draft guidance
submission of a premarket notification class III to class II for the intended use document, we recommend that
in accordance with section 510(k) of the of routine collection of blood and blood manufacturers include in their three
Federal Food, Drug, and Cosmetic Act components will relieve manufacturers annual reports a summary of adverse
(the act) (21 U.S.C. 360) should be of the burden of complying with the reactions maintained by the collecting
included in the annual report. Also, a premarket approval requirements of or transfusing facility or similar reports
manufacturer of a device determined to section 515 of the act (21 U.S.C. 360e), of adverse events collected in addition
be substantially equivalent to the and may permit small potential to those required under the MDR
centrifugal or filtration-based automated competitors to enter the marketplace by regulation.
blood cell separator device intended for reducing the burden. Although the FDA estimates the burden of this
the routine collection of blood and special control guidance document collection of information as follows:
Annual Report 4 1 4 5 20
1There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on FDA records, there are evaluating the cause of the event http://www.fda.gov/cber/guidelines.htm
approximately four manufacturers of (§ 803.50(b)(2)). or http://www.fda.gov/ohrms/dockets/
automated blood cell separator devices. The reporting recommended in the default.htm.
We estimate that the manufacturers will special control guidance document Dated: March 1, 2005.
spend approximately 5 hours preparing broadens the information to be reported Jeffrey Shuren,
and submitting the annual report. The by manufacturers to FDA. Although the Assistant Commissioner for Policy.
total annual burden of this collection of manufacturer’s reporting burden is [FR Doc. 05–4764 Filed 3–9–05; 8:45 am]
information is estimated at increased, the collection burden BILLING CODE 4160–01–S
approximately 20 hours. remains unchanged. We are
Other burden hours required for recommending that the manufacturer
proposed 21 CFR 864.9245 are already submit annually, for 3 consecutive DEPARTMENT OF HEALTH AND
years, a summary of all adverse events, HUMAN SERVICES
reported and approved under OMB
including those reported under part 803.
control number 0910–0120 (premarket
The Mandatory MedWatch Reporting Office of Inspector General
notification submission 510(k), 21 CFR Form 3500A: Codes Manual, contains a
part 807, subpart E), and OMB control comprehensive list of adverse events Program Exclusions: February 2005
number 0910–0437 (MDR). Currently, associated with device use, including
manufacturers of medical devices are AGENCY: Office of Inspector General,
most of those events that we HHS.
required to submit to FDA individual recommend summarizing in the annual
adverse event reports of death, serious ACTION: Notice of program exclusions.
report.
injury, and malfunctions (§§ 803.50 and During the month of February 2005,
803.53). The manufacturer is IV. Electronic Access
the HHS Office of Inspector General
responsible for conducting an Persons with access to the Internet imposed exclusions in the cases set
investigation of each event and may obtain the draft guidance at either forth below. When an exclusions is
1 21 CFR 606.160(b) ‘‘Records shall be maintained when applicable: * * * (1)(iii) Donor adverse reaction complaints and reports, inlcuding results
that include, but are not limited to, the following of all investigations and followup.’’
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11992 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Notices
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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Notices 11993
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