Notices. Notice
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/register/2010/06/15/2010-14317·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2010-N-0121] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; The Mammography Quality Standards Act Requirements 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 July 15, 2010. 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 e-mailed to *oira_submission@omb.eop.gov* . All comments should be identified with the OMB control number 0910-0309. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, 301-796-5156, *Daniel.Gittleson@fda.hhs.gov* . 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. The Mammography Quality Standards Act Requirements—21 CFR Part 900 (OMB Control Number 0910-0309)—Extension The Mammography Quality Standards Act requires the establishment of a Federal certification and inspection program for mammography facilities; regulations and standards for accreditation and certification bodies for mammography facilities; and standards for mammography equipment, personnel, and practices, including quality assurance. The intent of these regulations is to assure safe, reliable, and accurate mammography on a nationwide level. Under the regulations, as a first step in becoming certified, mammography facilities must become accredited by an FDA-approved accreditation body. This requires undergoing a review of their clinical images and providing the accreditation body with information showing that they meet the equipment, personnel, quality assurance and quality control standards, and have a medical reporting and recordkeeping program, a medical outcomes audit program, and a consumer compliant mechanism. On the basis of this accreditation, facilities are then certified by FDA or an FDA approved State certification agency and must prominently display their certificate. These actions are taken to ensure safe, accurate, and reliable mammography on a nationwide basis. The following sections of title 21 of the Code of Federal Regulations
(CFR)were not included in the previously mentioned burden tables because they were considered usual and customary practice and were part of the standard of care prior to the implementation of the regulations. Therefore, they resulted in no additional reporting or recordkeeping burden: 21 CFR 900.12(c)(1) and (c)(3) and 21 CFR 900.3(f)(1). Section 900.3(c) was not included in the previously mentioned burden tables because all four existing accreditation bodies are approved until late in 2013; so, no applicants will reapply during the requested information collection period. Section 900.24(c) was also not included in the previously mentioned burden tables because if a certifying state had its approval withdrawn, FDA would take over certifying authority for the affected facilities. Because FDA already has all the certifying state's electronic records, there wouldn't be an additional reporting burden. In the **Federal Register** of March 11, 2010 (75 FR 11542), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received. FDA estimates the burden of this collection of information as follows: **Table 1—Estimated Annual Reporting Burden** 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Total Capital Costs Total Operating & Maintenance Costs 900.3(b)(1) 0.33 1 0.33 1 0.33 900.3(b)(3) full 1 0.33 1 0.33 320 106 $10,000 900.3(b)(3) limited 2 5 1 5 30 150 900.3(c) 3 1.33 1 1.33 15 20 900.3(d)(2) 0.1 1 0.1 30 3 900.3(d)(5) 0.1 1 0.1 30 3 900.3(e) 0.1 1 0.1 1 0.1 900.3(f)(2) 0.1 1 0.1 200 20 $45 900.4(c), 900.11(b)(1), and 900.11(b)(2) facility 4 2,894 1 2,894 1.5 4,341 900.4(c) AB 5 5 1 5 421 2,105 $173,620 900.4(d), 900.11(b)(1), and 900.11(b)(2) facility 4 2,894 1 2,894 .75 2,171 900.4(d) AB 5 5 1 5 211 1,055 900.4(e), 900.11(b)(1), and 900.11(b)(2) facility 4 8,681 1 8,681 1 8,681 $8,681 900.4(e) AB 5 5 1 5 1,736 8,680 900.4(f) 331 1 331 7 2,317 $77,640 900.4(h) facility 4 8,681 1 8,681 1 8,681 $3,820 900.4(h) AB 5 5 1 5 10 50 900.4(i)(2) 1 1 1 16 16 900.6(c)(1) 0.1 1 0.1 60 6 900.11(b)(3) 5 1 5 .5 2.5 900.11(c) 400 1 400 5 2,000 900.12(c)(2) 8,681 4,942 42,901,502 .0833333 3,575,124 $19,500,000 900.12(c)(2) patient refusal 6 87 1 87 .5 43.5 900.12(h)(4) 7 1 7 1 7 900.12(j)(1) facility 4 8 1 8 200 1,600 $120 900.12(j)(1) AB 5 8 1 8 320 2,560 $240 900.12(j)(2) 2 1 2 100 200 $3,875 900.15(c) 5 1 5 2 10 900.15(d)(3)(ii) 1 1 1 2 2 900.18(c) 2 1 2 2 4 900.18(e) 2 1 2 1 2 900.21(b) 0.33 1 0.33 320 106 $30,000 $174 900.21(c)(2) 0.1 1 0.1 30 3 900.22(h) 5 200 1,000 .083 83 900.22(i) 2 1 2 30 60 $20 900.23 5 1 5 20 100 900.24(a) 0.4 1 0.4 200 80 $42 900.24(a)(2) 0.15 1 0.15 100 15 $21 900.24(b) 1 1 1 30 30 900.24(b)(1) 0.3 1 0.3 200 60 $42 900.24(b)(3) 0.15 1 0.15 100 15 $21 900.25(a) 0.2 1 0.2 16 3.2 FDA Form 3422 700 1 700 .25 175 Total 3,620,692 $40,000 $19,768,361 1 One-time burden. 2 Refers to accreditation bodies applying to accredit specific Full Field Digital Mammography units. 3 While not included in the 60-day notice, all 4 accreditation bodies are expected to reapply to continue to be accreditation bodies during the information collection period. 4 Refers to the facility component of the burden for this requirement. 5 Refers to the accreditation body component of the burden for this requirement. 6 Refers to the situation where a patient specifically does not want to receive the lay summary of her exam. **Table 2—Estimated Annual Recordkeeping Burden** 21 CFR Section No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours Total Capital Costs Total Operating & Maintenance Costs 900.3(f)(1) 0.1 1 0.1 0 0 900.4(g) 5 1 5 1 5 900.12(a)(1)(i)(B)(2) 87 1 87 8 696 900.12(a)(4) 8,681 4 34,724 1 34,724 900.12(c)(4) 8,681 1 8,681 1 8,681 $28,000 900.12(e)(13) 8,681 52 451,412 .083333 37,618 900.12(f) 8,681 1 8,681 16 138,896 900.12(h)(2) 8,681 2 17,362 1 17,362 900.22(a) 5 1 5 1 5 900.22(d) 5 1 5 1 5 900.22(e) 5 1 5 1 5 900.22(f) 3 1 3 1 3 900.22(g) 5 1 5 1 5 $50 900.25(b) 5 1 5 1 5 Total 238,010 $28,000 $50 Dated: May 27, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2010-14317 Filed 6-14-10; 8:45 am]
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- 21 CFR 900
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