# Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Devices; Third-Party Review Under the Food and Drug Administration Modernization Act
**AGENCY:**
Food and Drug Administration, HHS.
**ACTION:**
Notice.
**SUMMARY:**
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
**DATES:**
Fax written comments on the collection of information by January 3, 2014.
**ADDRESSES:**
To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to *[email protected].* All comments should be identified with the OMB control number 0910-0375. Also include the FDA docket number found in brackets in the heading of this document.
**FOR FURTHER INFORMATION CONTACT:**
FDA PRA Staff, Office of Operations, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, *[email protected].*
**SUPPLEMENTARY INFORMATION:**
In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.
**Medical Devices; Third-Party Review Under the Food and Drug Administration Modernization Act—(OMB Control Number 0910-0375)—Extension**
Section 210 of the Food and Drug Administration Modernization Act (FDAMA) established section 523 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m), directing FDA to accredit persons in the private sector to review certain premarket notifications (510(k)s). Participation in this third-party review program by accredited persons is entirely voluntary. A third party wishing to participate will submit a request for accreditation to FDA. Accredited third-party reviewers have the ability to review a manufacturer's 510(k) submission for selected devices. After reviewing a submission, the reviewer will forward a copy of the 510(k) submission, along with the reviewer's documented review and recommendation to FDA. Third-party reviewers should maintain records of their 510(k) reviews and a copy of the 510(k) for a reasonable period of time, usually a period of 3 years.
This information collection will allow FDA to continue to implement the accredited person review program established by FDAMA and improve the efficiency of 510(k) review for low- to moderate-risk devices.
Respondents to this information collection are businesses or other for-profit organizations.
In the *Federal Register* of July 9, 2013 (78 FR 41065), FDA published a 60-day notice requesting public comment on the proposed collection of information to which one comment was received but was unrelated to the information collection.
FDA estimates the burden of this collection of information as follows:
| Activity | Number of | Number of | Total annual | Average burden per response | Total hours |
| --- | --- | --- | --- | --- | --- |
| Requests for Accreditation | 1 | 1 | 1 | 24 | 24 |
| 510(k) Reviews Conducted by Accredited Third Parties | 10 | 26 | 260 | 40 | 10,400 |
| Total | | | | | 10,424 |
**510(k) Reviews Conducted by Accredited Third Parties**
According to FDA's data, the number of 510(k)s submitted for third-party review is approximately 260 annually, which is 26 annual reviews per each of the 10 accredited reviewers.
| Activity | Number of recordkeepers | Number of records per recordkeeper | Total annual records | Average burden per recordkeeping | Total hours |
| --- | --- | --- | --- | --- | --- |
| 510(k) reviews | 10 | 26 | 260 | 10 | 2,600 |
Third-party reviewers are required to keep records of their review of each submission. According to FDA's data, the Agency anticipates approximately 260 submissions of 510(k)s for third-party review per year.
Dated: November 27, 2013.
Leslie Kux,
Assistant Commissioner for Policy.