(a) Substantive review. FDA will begin substantive review of an HDE after the HDE is accepted for filing under 814.112. FDA may refer an original HDE application to a panel on its own initiative, and shall do so upon the request of an applicant, unless FDA determines that the application substantially duplicates information previously reviewed by a panel. If the HDE is referred to a panel, the agency shall follow the procedures set forth under 814.44, with the exception that FDA will complete its review of the HDE and the advisory committee report and recommendations within 75 days from receipt of an HDE that is accepted for filing under 814.112 or the date of filing as determined under 814.106, whichever is later. Within the later of these two timeframes, FDA will issue an approval order under paragraph (b) of this section, an approvable letter under paragraph (c) of this section, a not approvable letter under paragraph (d) of this section, or an order denying approval of the application under 814.118(a).
(b) Approval order. FDA will issue to the applicant an order approving an HDE if none of the reasons in 814.118 for denying approval of the application applies. FDA will approve an application on the basis of draft final labeling if the only deficiencies in the application concern editorial or similar minor deficiencies in the draft final labeling. Such approval will be conditioned upon the applicant incorporating the specified labeling changes exactly as directed and upon the applicant submitting to FDA a copy of the final printed labeling before marketing. The notice of approval of an HDE will be published in the Federal Register in accordance with the rules and policies applicable to PMA's submitted under 814.20. Following the issuance of an approval order, data and information in the HDE file will be available for public disclosure in accordance with 814.9(b) through (h), as applicable.
(c) Approvable letter. FDA will send the applicant an approvable letter if the application substantially meets the requirements of this subpart and the agency believes it can approve the application if specific additional information is submitted or specific conditions are agreed to by the applicant. The approvable letter will describe the information FDA requires to be provided by the applicant or the conditions the applicant is required to meet to obtain approval. For example, FDA may require as a condition to approval:
(1) The submission of certain information identified in the approvable letter, e.g., final labeling;
(2) The submission of additional information concerning pediatric uses of the device, as required by 814.20(b)(13);
(3) Restrictions imposed on the device under section 520(e) of the act;
(4) Postapproval requirements as described in subpart E of this part; and
(5) An FDA inspection that finds the manufacturing facilities, methods, and controls in compliance with part 820 of this chapter and, if applicable, that verifies records pertinent to the HDE.
(d) Not approvable letter. FDA will send the applicant a not approvable letter if the agency believes that the application may not be approved for one or more of the reasons given in 814.118. The not approvable letter will describe the deficiencies in the application and, where practical, will identify measures required to place the HDE in approvable form. The applicant may respond to the not approvable letter in the same manner as permitted for not approvable letters for PMA's under 814.44(f), with the exception that if a major HDE amendment is submitted, the review period may be extended up to 75 days.
(e) FDA will consider an HDE to have been withdrawn voluntarily if:
(1) The applicant fails to respond in writing to a written request for an amendment within 75 days after the date FDA issues such request;
(2) The applicant fails to respond in writing to an approvable or not approvable letter within 75 days after the date FDA issues such letter; or
(3) The applicant submits a written notice to FDA that the HDE has been withdrawn.
[61 FR 33244, June 26, 1996, as amended at 63 FR 59221, Nov. 3, 1998; 79 FR 1741, Jan. 10, 2014]