80_FR_16325 80 FR 16266 - Medical Devices; Neurological Devices; Classification of the Brain Injury Adjunctive Interpretive Electroencephalograph Assessment Aid

80 FR 16266 - Medical Devices; Neurological Devices; Classification of the Brain Injury Adjunctive Interpretive Electroencephalograph Assessment Aid

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16266-16269
FR Document2015-07010

The Food and Drug Administration (FDA) is classifying the brain injury adjunctive interpretive electroencephalograph assessment aid into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the brain injury adjunctive interpretive electroencephalograph assessment aid's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16266-16269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07010]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket No. FDA-2015-N-0802]


Medical Devices; Neurological Devices; Classification of the 
Brain Injury Adjunctive Interpretive Electroencephalograph Assessment 
Aid

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is classifying the 
brain injury adjunctive interpretive electroencephalograph assessment 
aid into class II (special controls). The special controls that will 
apply to the device are identified in this order and will be part of 
the codified language for the brain injury adjunctive interpretive 
electroencephalograph assessment aid's classification. The Agency is 
classifying the device into class II (special controls) in order to 
provide a reasonable assurance of safety and effectiveness of the 
device.

DATES: This order is effective March 27, 2015. The classification was 
applicable on November 17, 2014.

FOR FURTHER INFORMATION CONTACT: Jay Gupta, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. G312, Silver Spring, MD 20993-0002, 301-796-2795, 
jay.gupta@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were 
not in commercial distribution before May 28, 1976 (the date of 
enactment of the Medical Device Amendments of 1976), generally referred 
to as postamendments devices, are classified automatically by statute 
into class III without any FDA rulemaking process. These devices remain 
in class III and require premarket approval, unless and until the 
device is classified or reclassified into class I or II, or FDA issues 
an order finding the device to be substantially equivalent, in 
accordance with section 513(i) of the FD&C Act, to a predicate device 
that does not require premarket approval. The Agency determines whether 
new devices are substantially equivalent to predicate devices by means 
of premarket notification procedures in section 510(k) of the FD&C Act 
(21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the 
Food and Drug Administration Safety and Innovation Act (Pub. L. 112-
144), provides two procedures by which a person may request FDA to 
classify a device under the criteria set forth in section 513(a)(1). 
Under the first procedure, the person submits a premarket notification 
under section 510(k) of the FD&C Act for a device that has not 
previously been classified and, within 30 days of receiving an order 
classifying the device into class III under section 513(f)(1) of the 
FD&C Act, the person requests a classification

[[Page 16267]]

under section 513(f)(2). Under the second procedure, rather than first 
submitting a premarket notification under section 510(k) of the FD&C 
Act and then a request for classification under the first procedure, 
the person determines that there is no legally marketed device upon 
which to base a determination of substantial equivalence and requests a 
classification under section 513(f)(2) of the FD&C Act. If the person 
submits a request to classify the device under this second procedure, 
FDA may decline to undertake the classification request if FDA 
identifies a legally marketed device that could provide a reasonable 
basis for review of substantial equivalence with the device or if FDA 
determines that the device submitted is not of ``low-moderate risk'' or 
that general controls would be inadequate to control the risks and 
special controls to mitigate the risks cannot be developed.
    In response to a request to classify a device under either 
procedure provided by section 513(f)(2) of the FD&C Act, FDA will 
classify the device by written order within 120 days. This 
classification will be the initial classification of the device.
    On August 20, 2014, BrainScope Company, Inc., submitted a request 
for classification of the BrainScope Ahead 100, Models CV-100 and M-100 
under section 513(f)(2) of the FD&C Act. The manufacturer recommended 
that the device be classified into class II (Ref. 1).
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed 
the request in order to classify the device under the criteria for 
classification set forth in section 513(a)(1). FDA classifies devices 
into class II if general controls by themselves are insufficient to 
provide reasonable assurance of safety and effectiveness, but there is 
sufficient information to establish special controls to provide 
reasonable assurance of the safety and effectiveness of the device for 
its intended use. After review of the information submitted in the 
request, FDA determined that the device can be classified into class II 
with the establishment of special controls. FDA believes these special 
controls, in addition to general controls, will provide reasonable 
assurance of the safety and effectiveness of the device.
    Therefore, on November 17, 2014, FDA issued an order to the 
requestor classifying the device into class II. FDA is codifying the 
classification of the device by adding Sec.  882.1450.
    Following the effective date of this final classification order, 
any firm submitting a premarket notification (510(k)) for a brain 
injury adjunctive interpretive electroencephalograph assessment aid 
will need to comply with the special controls named in this final 
order. The device is assigned the generic name brain injury adjunctive 
interpretive electroencephalograph assessment aid, and it is identified 
as a prescription device that uses a patient's electroencephalograph 
(EEG) to provide an interpretation of the structural condition of the 
patient's brain in the setting of trauma. A brain injury adjunctive 
interpretive EEG assessment aid is for use as an adjunct to standard 
clinical practice only as an assessment aid for a medical condition for 
which there exists other valid methods of diagnosis.
    FDA has identified the following risks to health associated 
specifically with this type of device, as well as the mitigation 
measures required to mitigate these risks in table 1.

   Table 1--Brain Injury Adjunctive Interpretive Electroencephalograph
              Assessment Aid Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risk                     Mitigation measure
------------------------------------------------------------------------
Adverse tissue reaction................  Biocompatibility.
                                         Labeling.
Equipment malfunction leading to injury  Electrical safety, thermal, and
 to user/patient (shock, burn, or         mechanical testing.
 mechanical failure).                    Electromagnetic compatibility
                                          testing.
                                         Labeling.
Delay in treatment or unnecessary        Performance testing.
 treatment due to hardware or software   Hardware and software
 failure.                                 verification, validation and
                                          hazard analysis.
                                         Electromagnetic compatibility
                                          testing.
                                         Technical parameters
                                         Labeling.
False result due to incorrect artifact   Software verification and
 reduction.                               validation.
                                         Labeling.
False result due to incorrect placement  Clinical performance testing.
 of electrodes.                          Labeling.
False result when a brain injury         Clinical performance testing.
 adjunctive interpretive EEG assessment  Device design characteristics.
 aid impacts the clinical decision.      Labeling.
Use error..............................  Clinical performance testing.
                                         Labeling.
------------------------------------------------------------------------

    FDA believes that the following special controls, in combination 
with the general controls, address these risks to health and provide 
reasonable assurance of the safety and effectiveness:
     The technical parameters of the device, hardware and 
software, must be fully characterized and include the following 
information:
    [cir] Hardware specifications must be provided. Appropriate 
verification, validation, and hazard analysis must be performed.
    [cir] Software, including any proprietary algorithm(s) used by the 
device to arrive at its interpretation of the patient's condition, must 
be described in detail in the software requirements specification (SRS) 
and software design specification (SDS). Appropriate software 
verification, validation, and hazard analysis must be performed.
     The device parts that contact the patient must be 
demonstrated to be biocompatible.
     The device must be designed and tested for electrical 
safety, electromagnetic compatibility (EMC), thermal, and mechanical 
safety.
     Clinical performance testing must demonstrate the 
accuracy, precision-repeatability and reproducibility, of determining 
the EEG-based

[[Page 16268]]

interpretation, including any specified equivocal zones (cut-offs).
     Clinical performance testing must demonstrate the ability 
of the device to function as an assessment aid for the medical 
condition for which the device is indicated. Performance measures must 
demonstrate device performance characteristics per the intended use in 
the intended use environment. Performance measurements must include 
sensitivity, specificity, positive predictive value (PPV), and negative 
predictive value (NPV) with respect to the study prevalence per the 
device intended use.
     The device design must include safeguards to ensure 
appropriate clinical interpretation of the device output (e.g., use in 
appropriate patient population, or for appropriate clinical decision).
     The labeling and training information must include:
    [cir] A warning that the device is not to be used as a stand-alone 
diagnostic.
    [cir] A detailed summary of the clinical performance testing, 
including any adverse events and complications.
    [cir] The intended use population and the intended use environment.
    [cir] Any instructions technicians should convey to patients 
regarding the collection of EEG data.
    [cir] Information allowing clinicians to gauge clinical risk 
associated with integrating the EEG interpretive assessment aid into 
their diagnostic pathway.
    [cir] Information allowing clinicians to understand how to 
integrate the device output into their diagnostic pathway when the 
device is unable to provide a classification or final result.
    Brain injury adjunctive interpretive electroencephalograph 
assessment aid devices are prescription devices restricted to patient 
use only upon the authorization of a practitioner licensed by law to 
administer or use the device; see 21 CFR 801.109 (Prescription 
devices)). Prescription-use restrictions are a type of general controls 
as defined in section 513(a)(1)(A)(i) of the FD&C Act.
    Section 510(m) of the FD&C Act provides that FDA may exempt a class 
II device from the premarket notification requirements under section 
510(k) of the FD&C Act, if FDA determines that premarket notification 
is not necessary to provide reasonable assurance of the safety and 
effectiveness of the device. For this type of device, FDA has 
determined that premarket notification is necessary to provide 
reasonable assurance of the safety and effectiveness of the device. 
Therefore, this device type is not exempt from premarket notification 
requirements. Persons who intend to market this type of device must 
submit to FDA a premarket notification, prior to marketing the device, 
which contains information about the brain injury adjunctive 
interpretive electroencephalograph assessment aid they intend to 
market.

II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to 
previously approved collections of information found in other FDA 
regulations. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 
CFR part 807, subpart E, regarding premarket notification submissions 
have been approved under OMB control number 0910-0120, and the 
collections of information in 21 CFR part 801, regarding labeling have 
been approved under OMB control number 0910-0485.

IV. Reference

    The following reference has been placed on display in the Division 
of Dockets Management (HFA-305), Food and Drug Administration, 5630 
Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday, 
and is available electronically at http://www.regulations.gov.

1. [DEN140025]: De Novo Request per 513(f)(2) from BrainScope 
Company, Inc., dated August 20, 2014.

List of Subjects in 21 CFR Part 882

    Medical devices, Neurological devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
882 is amended as follows:

PART 882--NEUROLOGICAL DEVICES

0
1. The authority citation for 21 CFR part 882 continues to read as 
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.


0
2. Add Sec.  882.1450 to subpart B to read as follows:


Sec.  882.1450  Brain injury adjunctive interpretive 
electroencephalograph assessment aid.

    (a) Identification. A brain injury adjunctive interpretive 
electroencephalograph assessment aid is a prescription device that uses 
a patient's electroencephalograph (EEG) to provide an interpretation of 
the structural condition of the patient's brain in the setting of 
trauma. A brain injury adjunctive interpretive EEG assessment aid is 
for use as an adjunct to standard clinical practice only as an 
assessment aid for a medical condition for which there exists other 
valid methods of diagnosis.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) The technical parameters of the device, hardware and software, 
must be fully characterized and include the following information:
    (i) Hardware specifications must be provided. Appropriate 
verification, validation, and hazard analysis must be performed.
    (ii) Software, including any proprietary algorithm(s) used by the 
device to arrive at its interpretation of the patient's condition, must 
be described in detail in the software requirements specification (SRS) 
and software design specification (SDS). Appropriate software 
verification, validation, and hazard analysis must be performed.
    (2) The device parts that contact the patient must be demonstrated 
to be biocompatible.
    (3) The device must be designed and tested for electrical safety, 
electromagnetic compatibility (EMC), thermal, and mechanical safety.
    (4) Clinical performance testing must demonstrate the accuracy, 
precision-repeatability and reproducibility, of determining the EEG-
based interpretation, including any specified equivocal zones 
(cutoffs).
    (5) Clinical performance testing must demonstrate the ability of 
the device to function as an assessment aid for the medical condition 
for which the device is indicated. Performance measures must 
demonstrate device performance characteristics per the intended use in 
the intended use environment. Performance measurements must include 
sensitivity, specificity, positive predictive value (PPV), and negative 
predictive value (NPV) with respect to the study prevalence per the 
device intended use.
    (6) The device design must include safeguards to ensure appropriate 
clinical interpretation of the device output (e.g.,

[[Page 16269]]

use in appropriate patient population, or for appropriate clinical 
decision).
    (7) The labeling and training information must include:
    (i) A warning that the device is not to be used as a stand-alone 
diagnostic.
    (ii) A detailed summary of the clinical performance testing, 
including any adverse events and complications.
    (iii) The intended use population and the intended use environment.
    (iv) Any instructions technicians should convey to patients 
regarding the collection of EEG data.
    (v) Information allowing clinicians to gauge clinical risk 
associated with integrating the EEG interpretive assessment aid into 
their diagnostic pathway.
    (vi) Information allowing clinicians to understand how to integrate 
the device output into their diagnostic pathway when the device is 
unable to provide a classification or final result.

    Dated: March 23, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-07010 Filed 3-26-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  16266                Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations




                                                  *      *      *       *      *                           device are identified in this order and               rulemaking process. These devices
                                                    By direction of the Commission.                        will be part of the codified language for             remain in class III and require
                                                  Donald S. Clark
                                                                                                           the brain injury adjunctive interpretive              premarket approval, unless and until
                                                                                                           electroencephalograph assessment aid’s                the device is classified or reclassified
                                                  Secretary.
                                                                                                           classification. The Agency is classifying             into class I or II, or FDA issues an order
                                                  [FR Doc. 2015–07070 Filed 3–26–15; 8:45 am]
                                                                                                           the device into class II (special controls)           finding the device to be substantially
                                                  BILLING CODE 6750–01–C                                   in order to provide a reasonable                      equivalent, in accordance with section
                                                                                                           assurance of safety and effectiveness of              513(i) of the FD&C Act, to a predicate
                                                                                                           the device.                                           device that does not require premarket
                                                  DEPARTMENT OF HEALTH AND                                 DATES: This order is effective March 27,              approval. The Agency determines
                                                  HUMAN SERVICES                                           2015. The classification was applicable               whether new devices are substantially
                                                                                                           on November 17, 2014.                                 equivalent to predicate devices by
                                                  Food and Drug Administration                                                                                   means of premarket notification
                                                                                                           FOR FURTHER INFORMATION CONTACT: Jay
                                                                                                           Gupta, Center for Devices and                         procedures in section 510(k) of the
                                                  21 CFR Part 882                                                                                                FD&C Act (21 U.S.C. 360(k)) and part
                                                                                                           Radiological Health, Food and Drug
                                                  [Docket No. FDA–2015–N–0802]                             Administration, 10903 New Hampshire                   807 (21 CFR part 807) of the regulations.
                                                                                                           Ave., Bldg. 66, Rm. G312, Silver Spring,                 Section 513(f)(2) of the FD&C Act, as
                                                  Medical Devices; Neurological                            MD 20993–0002, 301–796–2795,                          amended by section 607 of the Food and
                                                  Devices; Classification of the Brain                     jay.gupta@fda.hhs.gov.                                Drug Administration Safety and
                                                  Injury Adjunctive Interpretive                                                                                 Innovation Act (Pub. L. 112–144),
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                  Electroencephalograph Assessment                                                                               provides two procedures by which a
                                                  Aid                                                      I. Background                                         person may request FDA to classify a
                                                  AGENCY:    Food and Drug Administration,                    In accordance with section 513(f)(1) of            device under the criteria set forth in
                                                  HHS.                                                     the Federal Food, Drug, and Cosmetic                  section 513(a)(1). Under the first
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                                                  ACTION:    Final order.                                  Act (the FD&C Act) (21 U.S.C.                         procedure, the person submits a
                                                                                                           360c(f)(1)), devices that were not in                 premarket notification under section
                                                  SUMMARY:   The Food and Drug                             commercial distribution before May 28,                510(k) of the FD&C Act for a device that
                                                  Administration (FDA) is classifying the                  1976 (the date of enactment of the                    has not previously been classified and,
                                                  brain injury adjunctive interpretive                     Medical Device Amendments of 1976),                   within 30 days of receiving an order
                                                  electroencephalograph assessment aid                     generally referred to as postamendments               classifying the device into class III
                                                  into class II (special controls). The                    devices, are classified automatically by              under section 513(f)(1) of the FD&C Act,
                                                                                                                                                                                                              ER27MR15.005</GPH>




                                                  special controls that will apply to the                  statute into class III without any FDA                the person requests a classification


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                                                                              Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                                                16267

                                                  under section 513(f)(2). Under the                                           On August 20, 2014, BrainScope                              is codifying the classification of the
                                                  second procedure, rather than first                                       Company, Inc., submitted a request for                         device by adding § 882.1450.
                                                  submitting a premarket notification                                       classification of the BrainScope Ahead                            Following the effective date of this
                                                  under section 510(k) of the FD&C Act                                      100, Models CV–100 and M–100 under                             final classification order, any firm
                                                  and then a request for classification                                     section 513(f)(2) of the FD&C Act. The
                                                                                                                                                                                           submitting a premarket notification
                                                  under the first procedure, the person                                     manufacturer recommended that the
                                                                                                                                                                                           (510(k)) for a brain injury adjunctive
                                                  determines that there is no legally                                       device be classified into class II (Ref. 1).
                                                  marketed device upon which to base a                                         In accordance with section 513(f)(2) of                     interpretive electroencephalograph
                                                  determination of substantial                                              the FD&C Act, FDA reviewed the                                 assessment aid will need to comply
                                                  equivalence and requests a classification                                 request in order to classify the device                        with the special controls named in this
                                                  under section 513(f)(2) of the FD&C Act.                                  under the criteria for classification set                      final order. The device is assigned the
                                                  If the person submits a request to                                        forth in section 513(a)(1). FDA classifies                     generic name brain injury adjunctive
                                                  classify the device under this second                                     devices into class II if general controls                      interpretive electroencephalograph
                                                  procedure, FDA may decline to                                             by themselves are insufficient to                              assessment aid, and it is identified as a
                                                  undertake the classification request if                                   provide reasonable assurance of safety                         prescription device that uses a patient’s
                                                  FDA identifies a legally marketed device                                  and effectiveness, but there is sufficient                     electroencephalograph (EEG) to provide
                                                  that could provide a reasonable basis for                                 information to establish special controls                      an interpretation of the structural
                                                  review of substantial equivalence with                                    to provide reasonable assurance of the                         condition of the patient’s brain in the
                                                  the device or if FDA determines that the                                  safety and effectiveness of the device for                     setting of trauma. A brain injury
                                                  device submitted is not of ‘‘low-                                         its intended use. After review of the                          adjunctive interpretive EEG assessment
                                                  moderate risk’’ or that general controls                                  information submitted in the request,                          aid is for use as an adjunct to standard
                                                  would be inadequate to control the risks                                  FDA determined that the device can be                          clinical practice only as an assessment
                                                  and special controls to mitigate the risks                                classified into class II with the                              aid for a medical condition for which
                                                  cannot be developed.                                                      establishment of special controls. FDA                         there exists other valid methods of
                                                     In response to a request to classify a                                 believes these special controls, in                            diagnosis.
                                                  device under either procedure provided                                    addition to general controls, will
                                                  by section 513(f)(2) of the FD&C Act,                                     provide reasonable assurance of the                               FDA has identified the following risks
                                                  FDA will classify the device by written                                   safety and effectiveness of the device.                        to health associated specifically with
                                                  order within 120 days. This                                                  Therefore, on November 17, 2014,                            this type of device, as well as the
                                                  classification will be the initial                                        FDA issued an order to the requestor                           mitigation measures required to mitigate
                                                  classification of the device.                                             classifying the device into class II. FDA                      these risks in table 1.

                                                   TABLE 1—BRAIN INJURY ADJUNCTIVE INTERPRETIVE ELECTROENCEPHALOGRAPH ASSESSMENT AID RISKS AND MITIGATION
                                                                                                  MEASURES
                                                                                              Identified risk                                                                               Mitigation measure

                                                  Adverse tissue reaction ............................................................................            Biocompatibility.
                                                                                                                                                                  Labeling.
                                                  Equipment malfunction leading to injury to user/patient (shock, burn, or                                        Electrical safety, thermal, and mechanical testing.
                                                    mechanical failure).                                                                                          Electromagnetic compatibility testing.
                                                                                                                                                                  Labeling.
                                                  Delay in treatment or unnecessary treatment due to hardware or soft-                                            Performance testing.
                                                    ware failure.                                                                                                 Hardware and software verification, validation and hazard analysis.
                                                                                                                                                                  Electromagnetic compatibility testing.
                                                                                                                                                                  Technical parameters
                                                                                                                                                                  Labeling.
                                                  False result due to incorrect artifact reduction .........................................                      Software verification and validation.
                                                                                                                                                                  Labeling.
                                                  False result due to incorrect placement of electrodes .............................                             Clinical performance testing.
                                                                                                                                                                  Labeling.
                                                  False result when a brain injury adjunctive interpretive EEG assess-                                            Clinical performance testing.
                                                    ment aid impacts the clinical decision.                                                                       Device design characteristics.
                                                                                                                                                                  Labeling.
                                                  Use error ...................................................................................................   Clinical performance testing.
                                                                                                                                                                  Labeling.



                                                     FDA believes that the following                                        validation, and hazard analysis must be                          • The device parts that contact the
                                                  special controls, in combination with                                     performed.                                                     patient must be demonstrated to be
                                                  the general controls, address these risks                                    Æ Software, including any proprietary                       biocompatible.
                                                  to health and provide reasonable                                          algorithm(s) used by the device to arrive                        • The device must be designed and
                                                  assurance of the safety and
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                                                                                                                            at its interpretation of the patient’s                         tested for electrical safety,
                                                  effectiveness:
                                                                                                                            condition, must be described in detail in                      electromagnetic compatibility (EMC),
                                                     • The technical parameters of the                                      the software requirements specification                        thermal, and mechanical safety.
                                                  device, hardware and software, must be                                    (SRS) and software design specification
                                                  fully characterized and include the                                                                                                        • Clinical performance testing must
                                                                                                                            (SDS). Appropriate software                                    demonstrate the accuracy, precision-
                                                  following information:                                                    verification, validation, and hazard                           repeatability and reproducibility, of
                                                     Æ Hardware specifications must be                                      analysis must be performed.                                    determining the EEG-based
                                                  provided. Appropriate verification,


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                                                  16268               Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                  interpretation, including any specified                 intend to market this type of device                  § 882.1450 Brain injury adjunctive
                                                  equivocal zones (cut-offs).                             must submit to FDA a premarket                        interpretive electroencephalograph
                                                     • Clinical performance testing must                  notification, prior to marketing the                  assessment aid.
                                                  demonstrate the ability of the device to                device, which contains information                       (a) Identification. A brain injury
                                                  function as an assessment aid for the                   about the brain injury adjunctive                     adjunctive interpretive
                                                  medical condition for which the device                  interpretive electroencephalograph                    electroencephalograph assessment aid is
                                                  is indicated. Performance measures                      assessment aid they intend to market.                 a prescription device that uses a
                                                  must demonstrate device performance                                                                           patient’s electroencephalograph (EEG)
                                                  characteristics per the intended use in                 II. Environmental Impact                              to provide an interpretation of the
                                                  the intended use environment.                              The Agency has determined under 21                 structural condition of the patient’s
                                                  Performance measurements must                           CFR 25.34(b) that this action is of a type            brain in the setting of trauma. A brain
                                                  include sensitivity, specificity, positive              that does not individually or                         injury adjunctive interpretive EEG
                                                  predictive value (PPV), and negative                    cumulatively have a significant effect on             assessment aid is for use as an adjunct
                                                  predictive value (NPV) with respect to                  the human environment. Therefore,                     to standard clinical practice only as an
                                                  the study prevalence per the device                     neither an environmental assessment                   assessment aid for a medical condition
                                                  intended use.                                           nor an environmental impact statement                 for which there exists other valid
                                                     • The device design must include                     is required.                                          methods of diagnosis.
                                                  safeguards to ensure appropriate clinical                                                                        (b) Classification. Class II (special
                                                  interpretation of the device output (e.g.,              III. Paperwork Reduction Act of 1995
                                                                                                                                                                controls). The special controls for this
                                                  use in appropriate patient population,                    This final order establishes special                device are:
                                                  or for appropriate clinical decision).                  controls that refer to previously                        (1) The technical parameters of the
                                                     • The labeling and training                          approved collections of information                   device, hardware and software, must be
                                                  information must include:                               found in other FDA regulations. These                 fully characterized and include the
                                                     Æ A warning that the device is not to                collections of information are subject to             following information:
                                                  be used as a stand-alone diagnostic.                    review by the Office of Management and                   (i) Hardware specifications must be
                                                     Æ A detailed summary of the clinical                 Budget (OMB) under the Paperwork                      provided. Appropriate verification,
                                                  performance testing, including any                      Reduction Act of 1995 (44 U.S.C. 3501–                validation, and hazard analysis must be
                                                  adverse events and complications.                       3520). The collections of information in              performed.
                                                     Æ The intended use population and                    21 CFR part 807, subpart E, regarding                    (ii) Software, including any
                                                  the intended use environment.                           premarket notification submissions have
                                                     Æ Any instructions technicians                                                                             proprietary algorithm(s) used by the
                                                                                                          been approved under OMB control                       device to arrive at its interpretation of
                                                  should convey to patients regarding the                 number 0910–0120, and the collections
                                                  collection of EEG data.                                                                                       the patient’s condition, must be
                                                                                                          of information in 21 CFR part 801,                    described in detail in the software
                                                     Æ Information allowing clinicians to                 regarding labeling have been approved
                                                  gauge clinical risk associated with                                                                           requirements specification (SRS) and
                                                                                                          under OMB control number 0910–0485.                   software design specification (SDS).
                                                  integrating the EEG interpretive
                                                  assessment aid into their diagnostic                    IV. Reference                                         Appropriate software verification,
                                                  pathway.                                                                                                      validation, and hazard analysis must be
                                                                                                            The following reference has been                    performed.
                                                     Æ Information allowing clinicians to                 placed on display in the Division of
                                                  understand how to integrate the device                                                                           (2) The device parts that contact the
                                                                                                          Dockets Management (HFA–305), Food                    patient must be demonstrated to be
                                                  output into their diagnostic pathway                    and Drug Administration, 5630 Fishers
                                                  when the device is unable to provide a                                                                        biocompatible.
                                                                                                          Lane, Rm. 1061, Rockville, MD 20852,                     (3) The device must be designed and
                                                  classification or final result.                         and may be seen by interested persons
                                                     Brain injury adjunctive interpretive                                                                       tested for electrical safety,
                                                                                                          between 9 a.m. and 4 p.m., Monday                     electromagnetic compatibility (EMC),
                                                  electroencephalograph assessment aid
                                                                                                          through Friday, and is available                      thermal, and mechanical safety.
                                                  devices are prescription devices
                                                                                                          electronically at http://                                (4) Clinical performance testing must
                                                  restricted to patient use only upon the
                                                                                                          www.regulations.gov.                                  demonstrate the accuracy, precision-
                                                  authorization of a practitioner licensed
                                                  by law to administer or use the device;                 1. [DEN140025]: De Novo Request per                   repeatability and reproducibility, of
                                                  see 21 CFR 801.109 (Prescription                           513(f)(2) from BrainScope Company, Inc.,           determining the EEG-based
                                                                                                             dated August 20, 2014.                             interpretation, including any specified
                                                  devices)). Prescription-use restrictions
                                                  are a type of general controls as defined               List of Subjects in 21 CFR Part 882                   equivocal zones (cutoffs).
                                                  in section 513(a)(1)(A)(i) of the FD&C                                                                           (5) Clinical performance testing must
                                                                                                            Medical devices, Neurological                       demonstrate the ability of the device to
                                                  Act.
                                                     Section 510(m) of the FD&C Act                       devices.                                              function as an assessment aid for the
                                                  provides that FDA may exempt a class                      Therefore, under the Federal Food,                  medical condition for which the device
                                                  II device from the premarket notification               Drug, and Cosmetic Act and under                      is indicated. Performance measures
                                                  requirements under section 510(k) of the                authority delegated to the Commissioner               must demonstrate device performance
                                                  FD&C Act, if FDA determines that                        of Food and Drugs, 21 CFR part 882 is                 characteristics per the intended use in
                                                  premarket notification is not necessary                 amended as follows:                                   the intended use environment.
                                                  to provide reasonable assurance of the                                                                        Performance measurements must
                                                                                                          PART 882—NEUROLOGICAL DEVICES
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                                                  safety and effectiveness of the device.                                                                       include sensitivity, specificity, positive
                                                  For this type of device, FDA has                        ■ 1. The authority citation for 21 CFR                predictive value (PPV), and negative
                                                  determined that premarket notification                  part 882 continues to read as follows:                predictive value (NPV) with respect to
                                                  is necessary to provide reasonable                                                                            the study prevalence per the device
                                                  assurance of the safety and effectiveness                 Authority: 21 U.S.C. 351, 360, 360c, 360e,          intended use.
                                                                                                          360j, 371.
                                                  of the device. Therefore, this device                                                                            (6) The device design must include
                                                  type is not exempt from premarket                       ■ 2. Add § 882.1450 to subpart B to read              safeguards to ensure appropriate clinical
                                                  notification requirements. Persons who                  as follows:                                           interpretation of the device output (e.g.,


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                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                         16269

                                                  use in appropriate patient population,                  and to select those who are the most                  to ensure that those who are enlisted,
                                                  or for appropriate clinical decision).                  trainable and adaptable to Service life.              appointed, or inducted are the best
                                                    (7) The labeling and training                         DATES: Effective Date: This rule is                   qualified to complete their prescribed
                                                  information must include:                               effective March 27, 2015. Comments                    training and the best able to adapt to the
                                                    (i) A warning that the device is not to               must be received by May 26, 2015.                     military life. Failure to maintain these
                                                  be used as a stand-alone diagnostic.                    ADDRESSES: You may submit comments,                   standards would result in a high
                                                    (ii) A detailed summary of the clinical               identified by docket number and or                    attrition of personnel and would
                                                  performance testing, including any                      Regulatory Information Number (RIN)                   significantly increase training costs. The
                                                  adverse events and complications.                       and title, by any of the following                    success of today’s All-volunteer military
                                                    (iii) The intended use population and                 methods:                                              is dependent on this policy.
                                                  the intended use environment.                              • Federal Rulemaking Portal: http://
                                                    (iv) Any instructions technicians                     www.regulations.gov. Follow the                       Justification for Interim Final Rule
                                                  should convey to patients regarding the                 instructions for submitting comments.                   This rule is being published as an
                                                  collection of EEG data.                                    • Mail: Federal Docket Management
                                                    (v) Information allowing clinicians to                                                                      interim final rule to provide required
                                                                                                          System Office, 4800 Mark Center Drive,
                                                  gauge clinical risk associated with                                                                           updates in DoD policy and procedures
                                                                                                          2nd Floor, East Tower, Suite 02G09,
                                                  integrating the EEG interpretive                        Alexandria, VA 22350–3100.                            that impact the public. It has been
                                                  assessment aid into their diagnostic                       Instructions: All submissions received             almost 10 years since these policies and
                                                  pathway.                                                must include the agency name and                      procedures have been updated. Some
                                                    (vi) Information allowing clinicians to               docket number or RIN for this Federal                 policy changes and court decisions have
                                                  understand how to integrate the device                  Register document. The general policy                 a great impact on the eligibility of
                                                  output into their diagnostic pathway                    for comments and other submissions                    potential applicants entry into the
                                                  when the device is unable to provide a                  from members of the public is to make                 military. All language addressing
                                                  classification or final result.                         these submissions available for public                homosexual conduct has been removed
                                                    Dated: March 23, 2015.                                viewing on the Internet at http://                    in accordance with the December 22,
                                                                                                          www.regulations.gov as they are                       2010, repeal of the Don’t Ask Don’t Tell
                                                  Leslie Kux,
                                                                                                          received without change, including any                policy, which opened military service to
                                                  Associate Commissioner for Policy.
                                                                                                          personal identifiers or contact                       homosexuals, and the subsequent
                                                  [FR Doc. 2015–07010 Filed 3–26–15; 8:45 am]
                                                                                                          information.                                          United States vs. Windsor decision (570
                                                  BILLING CODE 4164–01–P
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      U.S. 12, 133 S. Ct 2675 (2013)) which
                                                                                                          Dennis J. Drogo, (703) 697–9268.                      found section 3 of the Defense of
                                                                                                          SUPPLEMENTARY INFORMATION:                            Marriage Act (DOMA) unconstitutional.
                                                  DEPARTMENT OF DEFENSE                                                                                         By removing all references to
                                                                                                          Executive Summary                                     homosexuality, otherwise qualified
                                                  Office of the Secretary
                                                                                                          I. Purpose of This Regulatory Action                  applicants are now free to apply and
                                                                                                                                                                enroll in a military academy without
                                                  32 CFR Part 66                                             This rule updates policies and
                                                                                                                                                                prejudice or fear of reprisal. This
                                                                                                          responsibilities for basic entrance
                                                  [Docket ID: DOD–2011–OS–0099]                                                                                 interim rule is required immediately to
                                                                                                          qualification standards for enlistment,
                                                                                                          appointment, and induction into the                   remove any legal and policy restrictions
                                                  RIN 0790–AI78
                                                                                                          Armed Forces and delegates the                        which would prevent a potential
                                                  Qualification Standards for Enlistment,                 authority to specify certain standards to             applicant from entry into a military
                                                  Appointment, and Induction                              the Secretaries of the Military                       based solely on their sexual orientation.
                                                                                                          Departments.                                            It is important for DoD to have current
                                                  AGENCY:  Office of the Under Secretary of
                                                                                                                                                                and up-to-date enlistment, appointment,
                                                  Defense for Personnel and Readiness,                    II. Summary of the Major Provisions of
                                                                                                                                                                and induction standards, which are
                                                  DoD.                                                    This Regulatory Action
                                                                                                                                                                essential in defining the measures
                                                  ACTION: Interim final rule.                                (a) Establishes age, aptitude,                     necessary to evaluate and qualify
                                                                                                          character/conduct, citizenship,                       civilians for military service. A critical
                                                  SUMMARY:   This rule updates policies and               dependents, education, medical,
                                                  responsibilities for basic entrance                                                                           component of this update is the
                                                                                                          physical fitness, and other disqualifying             clarification of one of the underlying
                                                  qualification standards for enlistment,                 conditions that are causes for rejection
                                                  appointment, and induction into the                                                                           purposes of the enlistment,
                                                                                                          from military service. Other standards                appointment, and induction standards
                                                  Armed Forces and delegates the                          may be prescribed in the event of
                                                  authority to specify certain standards to                                                                     which is to minimize entrance of
                                                                                                          mobilization or national emergency.                   persons who are likely to become
                                                  the Secretaries of the Military                            (b) Sets standards designed to ensure
                                                  Departments. It establishes the age,                                                                          disciplinary cases, security risks, or who
                                                                                                          that individuals under consideration for
                                                  aptitude, character/conduct, citizenship,                                                                     are likely to disrupt good order, morale,
                                                                                                          enlistment, appointment, and/or
                                                  dependents, education, medical,                                                                               and discipline. The Military Services
                                                                                                          induction are able to perform military
                                                  physical fitness, and other disqualifying                                                                     are responsible for the defense of the
                                                                                                          duties successfully and to select those
                                                  conditions that are causes for rejection                who are the most trainable and                        Nation and should not be viewed as a
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                                                  from military service. Other standards                  adaptable to Service life.                            source of rehabilitation for those who
                                                  may be prescribed in the event of                          (c) Removes provisions related to                  have not subscribed to the legal and
                                                  mobilization or national emergency.                     homosexual conduct.                                   moral standards of society at-large. The
                                                  This rule sets standards designed to                                                                          necessity of publishing these current
                                                  ensure that individuals under                           III. Costs and Benefits of This                       standards, as an interim final rule, is
                                                  consideration for enlistment,                           Regulatory Action                                     vital to the DoD meeting its mission to
                                                  appointment, and/or induction are able                     The benefit of publishing this interim             man the All Volunteer Force with
                                                  to perform military duties successfully,                final rule is that it establishes standards           qualified citizens.


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Document Created: 2015-12-18 11:36:16
Document Modified: 2015-12-18 11:36:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order.
DatesThis order is effective March 27, 2015. The classification was applicable on November 17, 2014.
ContactJay Gupta, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G312, Silver Spring, MD 20993-0002, 301-796-2795, [email protected]
FR Citation80 FR 16266 
CFR AssociatedMedical Devices and Neurological Devices

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