80_FR_19600 80 FR 19530 - Performance Standards for Ionizing Radiation Emitting Products; Fluoroscopic Equipment; Correction

80 FR 19530 - Performance Standards for Ionizing Radiation Emitting Products; Fluoroscopic Equipment; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range19530-19532
FR Document2015-08360

The Food and Drug Administration (FDA) is amending a Federal performance standard for ionizing radiation to correct a drafting error regarding fluoroscopic equipment measurement. We are taking this action to ensure clarity and improve the accuracy of the regulations.

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19530-19532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08360]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1020

[Docket No. FDA-2015-N-0828]


Performance Standards for Ionizing Radiation Emitting Products; 
Fluoroscopic Equipment; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending a Federal 
performance standard for ionizing radiation to correct a drafting error 
regarding fluoroscopic equipment measurement. We are taking this action 
to ensure clarity and improve the accuracy of the regulations.

DATES: This rule is effective August 26, 2015. Submit electronic or 
written comments on this direct final rule or its companion proposed 
rule by June 29, 2015.

ADDRESSES: You may submit comments by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written comments in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Docket No. 
FDA-2015-N-0828 for this rulemaking. All comments received may be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For additional information on submitting 
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Scott Gonzalez, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 4641, Silver Spring, MD 20993-0002, 301-796-5889.

SUPPLEMENTARY INFORMATION: 

I. What is the background of this Rule?

    FDA is correcting a drafting error regarding fluoroscopic equipment 
measurement in Sec.  1020.32 (21 CFR 1020.32). We are publishing this 
direct final rule because it is intended to make a noncontroversial 
amendment to Sec.  1020.32, and we do not anticipate any significant 
adverse comments. Specifically, this amendment changes the words ``any 
linear dimension'' in the current regulation to read ``every linear 
dimension'' (Sec.  1020.32(b)(4)(ii)(A)). The alternative performance 
standard, Sec.  1020.32(b)(4)(ii)(B), currently contains the same 
phrase but remains unchanged. We are amending the language to make the 
performance standards mutually exclusive. This will ensure clarity and 
improve the accuracy of the regulations.
    FDA first proposed the performance standards in the Federal 
Register of December 10, 2002 (67 FR 76056), to account for 
technological changes in fluoroscopic equipment. The proposed rule did 
not specify which measurement of the visible area of an image receptor 
determined the applicable performance standard (67 FR 76056 at 76092). 
When we addressed comments to the proposed rule in the Federal Register 
of June 10, 2005, we agreed with one comment that adding the words 
``any linear dimension'' would clarify the determination of the 
performance standard (70 FR 33998 at 34007).
    FDA ultimately incorporated the phrase in two places, potentially 
reducing the clarity of the rule (70 FR 33998 at 34040). Section 
1020.32(b)(4)(ii) sets performance standards based on a threshold, so 
the language for each standard should be mutually exclusive. That is, 
only one standard, and not the other, should apply to the image 
receptor in question. However, some image receptors may have linear 
dimensions that are both greater than and less than 34 cm, for example, 
receptors with a hexagonal shape. In such cases, the performance 
standards may not be mutually exclusive, so both standards may appear 
to apply. This direct final rule amends Sec.  1020.32(b)(4)(ii)(A) to 
read ``every linear dimension'' to ensure the standards are mutually 
exclusive. The amendment will improve the clarity and accuracy of the 
regulations.

[[Page 19531]]

II. What are the procedures for issuing a direct Final Rule?

    In the Federal Register of November 21, 1997 (62 FR 62466), FDA 
announced the availability of the guidance document entitled ``Guidance 
for FDA and Industry: Direct Final Rule Procedures'' that described 
when and how we will employ direct final rulemaking. We believe that 
this rule is appropriate for direct final rulemaking because it is 
intended to make a noncontroversial amendment for a minor correction to 
an existing regulation. We anticipate no significant adverse comments.
    Consistent with FDA's procedures on direct final rulemaking, we are 
publishing a companion proposed rule elsewhere in this issue of the 
Federal Register. That proposed rule is identical in substance to this 
direct final rule. The companion proposal will provide a procedural 
framework to finalize a new rule in the event we withdraw this direct 
final rule because we receive significant adverse comment. The comment 
period for this direct final rule runs concurrently with the comment 
period of the companion proposed rule. We will consider any comments 
that we receive in response to the companion proposed rule to be 
comments also regarding this direct final rule and vice versa.
    If FDA receives any significant adverse comments, we will withdraw 
this direct final rule before its effective date by publishing a notice 
in the Federal Register within 30 days after the comment period ends. A 
significant adverse comment is one that explains why the rule would be 
inappropriate (including challenges to the rule's underlying premise or 
approach), ineffective, or unacceptable without change. In determining 
whether an adverse comment is significant and warrants withdrawing a 
direct final rule, we consider whether the comment raises an issue 
serious enough to warrant a substantive response in a notice-and-
comment process in accordance with section 553 of the Administrative 
Procedure Act (APA) (5 U.S.C. 553). Comments that are frivolous, 
insubstantial, or outside the scope of the rule will not be considered 
a significant adverse comment, unless the comment states why the rule 
would be ineffective without the additional change. In addition, if a 
significant adverse comment applies to part of a rule and that part can 
be severed from the remainder of the rule, we may adopt as final those 
parts of the rule that are not the subject of a significant adverse 
comment.
    If we withdraw this direct final rule, FDA will consider all 
comments that we received regarding the companion proposed rule as we 
develop a final rule through the usual notice-and-comment procedures of 
the APA (5 U.S.C. 552a, et seq.). If we receive no significant adverse 
comments during the specified comment period regarding this direct 
final rule, we intend to publish a confirmation document in the Federal 
Register within 30 days after the comment period ends.

III. What is the legal authority for this Rule?

    This rule, if finalized, would amend Sec.  1020.32. FDA's authority 
to modify Sec.  1020.32 arises from the same authority under which FDA 
initially issued this regulation, the device and general administrative 
provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 
352, 360e-360j, 360hh-360ss, 371, and 381).

IV. What is the environmental impact of this Rule?

    FDA has determined under 21 CFR 25.30(h) and 25.34(a) 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.

V. What is the economic analysis of impact of this Rule?

    FDA has examined the impacts of the final rule under Executive 
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5 
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety, and other advantages; distributive impacts; and 
equity). The Agency believes that this final rule is not a significant 
regulatory action under Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze 
regulatory options that would minimize any significant impact of a rule 
on small entities. Because this rule does not add any additional 
regulatory burdens, the Agency certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires 
that Agencies prepare a written statement, which includes an assessment 
of anticipated costs and benefits, before proposing ``any rule that 
includes any Federal mandate that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any one year.'' The current threshold after adjustment 
for inflation is $141 million, using the most current (2013) Implicit 
Price Deflator for the Gross Domestic Product. This final rule would 
not result in a 1-year expenditure that meets or exceeds this amount.
    The purpose of this final rule is to correct a drafting error 
regarding fluoroscopic equipment measurement in a performance standard 
for ionizing radiation. The amendment will improve the clarity and 
accuracy of the regulations. Because this final rule is a technical 
correction and would impose no additional regulatory burdens, this 
regulation is not anticipated to result in any compliance costs, and 
the economic impact is expected to be minimal.

VI. How does the Paperwork Reduction Act of 1995 apply to this Rule?

    This final rule contains no collection of information. Therefore, 
clearance by the Office of Management and Budget under the Paperwork 
Reduction Act of 1995 is not required.

VII. What are the Federalism implications of this Rule?

    FDA has analyzed this final rule in accordance with the principles 
set forth in Executive Order 13132. FDA has determined that the rule 
does not contain policies that have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Accordingly, the Agency has concluded 
that the rule does not contain policies that have federalism 
implications as defined in the Executive order and, consequently, a 
federalism summary impact statement is not required.

VIII. How do you submit comments on this Rule?

    Interested persons may submit either electronic comments regarding 
this document to http://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It is only necessary to 
send one set of comments. Identify comments with the docket number 
found in brackets in the heading of this document. Received comments 
may be seen in the Division

[[Page 19532]]

of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, 
and will be posted to the docket at http://www.regulations.gov.

List of Subjects in 21 CFR Part 1020

    Electronic products, Medical devices, Radiation protection, 
Reporting and recordkeeping requirements, Television, X-rays.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
1020 is amended as follows:

PART 1020--PERFORMANCE STANDARDS FOR IONIZING RADIATION EMITTING 
PRODUCTS

0
1. The authority citation for 21 CFR part 1020 continues to read as 
follows:

    Authority:  21 U.S.C. 351, 352, 360e-360j, 360hh-360ss, 371, 
381.

0
2. Revise Sec.  1020.32(b)(4)(ii)(A) to read as follows:


Sec.  1020.32  Fluoroscopic equipment.

    (b) * * *
    (4) * * *
    (ii) * * *
    (A) When every linear dimension of the visible area of the image 
receptor measured through the center of the visible area is less than 
or equal to 34 cm in any direction, at least 80 percent of the area of 
the x-ray field overlaps the visible area of the image.
* * * * *

    Dated: April 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-08360 Filed 4-10-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  19530                Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  weeks but you were born at 32 weeks                      DEPARTMENT OF HEALTH AND                              FOR FURTHER INFORMATION CONTACT:
                                                  gestation (8 weeks premature), then                      HUMAN SERVICES                                        Scott Gonzalez, Center for Devices and
                                                  your CCA is 12 weeks.                                                                                          Radiological Health, Food and Drug
                                                                                                           Food and Drug Administration                          Administration, 10903 New Hampshire
                                                     (2) We evaluate developmental delay
                                                  in a premature child until the child’s                                                                         Ave., Bldg. 66, Rm. 4641, Silver Spring,
                                                                                                           21 CFR Part 1020                                      MD 20993–0002, 301–796–5889.
                                                  prematurity is no longer a relevant
                                                  factor, generally no later than about                    [Docket No. FDA–2015–N–0828]                          SUPPLEMENTARY INFORMATION:
                                                  chronological age 2.                                                                                           I. What is the background of this Rule?
                                                                                                           Performance Standards for Ionizing
                                                     (i) If you have not attained age 1 and                                                                         FDA is correcting a drafting error
                                                                                                           Radiation Emitting Products;
                                                  were born prematurely, we will assess                    Fluoroscopic Equipment; Correction                    regarding fluoroscopic equipment
                                                  your development using your CCA.                                                                               measurement in § 1020.32 (21 CFR
                                                     (ii) If you are over age 1 and have a                 AGENCY:    Food and Drug Administration,              1020.32). We are publishing this direct
                                                  developmental delay, and prematurity is                  HHS.                                                  final rule because it is intended to make
                                                  still a relevant factor, we will decide                  ACTION:   Direct final rule.                          a noncontroversial amendment to
                                                  whether to correct your chronological                                                                          § 1020.32, and we do not anticipate any
                                                                                                           SUMMARY:   The Food and Drug                          significant adverse comments.
                                                  age. We will base our decision on our
                                                                                                           Administration (FDA) is amending a                    Specifically, this amendment changes
                                                  judgment and all the facts in your case.
                                                                                                           Federal performance standard for                      the words ‘‘any linear dimension’’ in the
                                                  If we decide to correct your                             ionizing radiation to correct a drafting
                                                  chronological age, we may correct it by                                                                        current regulation to read ‘‘every linear
                                                                                                           error regarding fluoroscopic equipment                dimension’’ (§ 1020.32(b)(4)(ii)(A)). The
                                                  subtracting the full number of weeks of                  measurement. We are taking this action
                                                  prematurity or a lesser number of                                                                              alternative performance standard,
                                                                                                           to ensure clarity and improve the                     § 1020.32(b)(4)(ii)(B), currently contains
                                                  weeks. If your developmental delay is                    accuracy of the regulations.
                                                  the result of your medically                                                                                   the same phrase but remains
                                                                                                           DATES: This rule is effective August 26,              unchanged. We are amending the
                                                  determinable impairment(s) and is not                    2015. Submit electronic or written
                                                  attributable to your prematurity, we will                                                                      language to make the performance
                                                                                                           comments on this direct final rule or its             standards mutually exclusive. This will
                                                  decide not to correct your chronological                 companion proposed rule by June 29,                   ensure clarity and improve the accuracy
                                                  age.                                                     2015.                                                 of the regulations.
                                                     (3) Notwithstanding the provisions in                 ADDRESSES:  You may submit comments                      FDA first proposed the performance
                                                  paragraph (b)(1) of this section, we will                by any of the following methods:                      standards in the Federal Register of
                                                  not compute a CCA if the medical                                                                               December 10, 2002 (67 FR 76056), to
                                                  evidence shows that your treating                        Electronic Submissions                                account for technological changes in
                                                  source or other medical source has                         Submit electronic comments in the                   fluoroscopic equipment. The proposed
                                                  already taken your prematurity into                      following way:                                        rule did not specify which measurement
                                                  consideration in his or her assessment                     • Federal eRulemaking Portal: http://               of the visible area of an image receptor
                                                  of your development. We will not                         www.regulations.gov. Follow the                       determined the applicable performance
                                                  compute a CCA when we find you                           instructions for submitting comments.                 standard (67 FR 76056 at 76092). When
                                                  disabled under listing 100.04 of the                                                                           we addressed comments to the proposed
                                                  Listing of Impairments.                                  Written Submissions                                   rule in the Federal Register of June 10,
                                                                                                              Submit written comments in the                     2005, we agreed with one comment that
                                                  § 416.926a       [Amended]                               following ways:                                       adding the words ‘‘any linear
                                                  ■ 5. Amend § 416.926a by removing                           • Mail/Hand delivery/Courier (for                  dimension’’ would clarify the
                                                  paragraphs (m)(6) and (m)(7) and                         paper submissions): Division of Dockets               determination of the performance
                                                                                                           Management (HFA–305), Food and Drug                   standard (70 FR 33998 at 34007).
                                                  redesignating paragraph (m)(8) as (m)(6).
                                                                                                           Administration, 5630 Fishers Lane, Rm.                   FDA ultimately incorporated the
                                                  ■ 6. Amend § 416.934 by adding                           1061, Rockville, MD 20852.                            phrase in two places, potentially
                                                  paragraphs (j) and (k) to read as follows:                  Instructions: All submissions received             reducing the clarity of the rule (70 FR
                                                                                                           must include the Docket No. FDA–                      33998 at 34040). Section
                                                  § 416.934 Impairments which may warrant                  2015–N–0828 for this rulemaking. All                  1020.32(b)(4)(ii) sets performance
                                                  a finding of presumptive disability or
                                                                                                           comments received may be posted                       standards based on a threshold, so the
                                                  presumptive blindness.
                                                                                                           without change to http://                             language for each standard should be
                                                  *       *    *     *    *                                www.regulations.gov, including any                    mutually exclusive. That is, only one
                                                     (j) Infants weighing less than 1200                   personal information provided. For                    standard, and not the other, should
                                                  grams at birth, until attainment of 1 year               additional information on submitting                  apply to the image receptor in question.
                                                  of age.                                                  comments, see the ‘‘Comments’’ heading                However, some image receptors may
                                                                                                           of the SUPPLEMENTARY INFORMATION                      have linear dimensions that are both
                                                     (k) Infants weighing at least 1200 but
                                                                                                           section of this document.                             greater than and less than 34 cm, for
                                                  less than 2000 grams at birth, and who
                                                                                                              Docket: For access to the docket to                example, receptors with a hexagonal
                                                  are small for gestational age, until
                                                                                                           read background documents or                          shape. In such cases, the performance
                                                  attainment of 1 year of age. (Small for
                                                                                                           comments received, go to http://                      standards may not be mutually
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  gestational age means a birth weight that
                                                                                                           www.regulations.gov and insert the                    exclusive, so both standards may appear
                                                  is at or more than 2 standard deviations                 docket number, found in brackets in the               to apply. This direct final rule amends
                                                  below the mean or that is less than the                  heading of this document, into the                    § 1020.32(b)(4)(ii)(A) to read ‘‘every
                                                  third growth percentile for the                          ‘‘Search’’ box and follow the prompts                 linear dimension’’ to ensure the
                                                  gestational age of the infant.)                          and/or go to the Division of Dockets                  standards are mutually exclusive. The
                                                  [FR Doc. 2015–08185 Filed 4–10–15; 8:45 am]              Management, 5630 Fishers Lane, Rm.                    amendment will improve the clarity and
                                                  BILLING CODE 4191–02–P                                   1061, Rockville, MD 20852.                            accuracy of the regulations.


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                                                                      Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations                                         19531

                                                  II. What are the procedures for issuing                    If we withdraw this direct final rule,             that Agencies prepare a written
                                                  a direct Final Rule?                                    FDA will consider all comments that we                statement, which includes an
                                                     In the Federal Register of November                  received regarding the companion                      assessment of anticipated costs and
                                                  21, 1997 (62 FR 62466), FDA announced                   proposed rule as we develop a final rule              benefits, before proposing ‘‘any rule that
                                                  the availability of the guidance                        through the usual notice-and-comment                  includes any Federal mandate that may
                                                  document entitled ‘‘Guidance for FDA                    procedures of the APA (5 U.S.C. 552a,                 result in the expenditure by State, local,
                                                  and Industry: Direct Final Rule                         et seq.). If we receive no significant                and tribal governments, in the aggregate,
                                                  Procedures’’ that described when and                    adverse comments during the specified                 or by the private sector, of $100,000,000
                                                  how we will employ direct final                         comment period regarding this direct                  or more (adjusted annually for inflation)
                                                  rulemaking. We believe that this rule is                final rule, we intend to publish a                    in any one year.’’ The current threshold
                                                  appropriate for direct final rulemaking                 confirmation document in the Federal                  after adjustment for inflation is $141
                                                                                                          Register within 30 days after the                     million, using the most current (2013)
                                                  because it is intended to make a
                                                                                                          comment period ends.                                  Implicit Price Deflator for the Gross
                                                  noncontroversial amendment for a
                                                                                                                                                                Domestic Product. This final rule would
                                                  minor correction to an existing                         III. What is the legal authority for this             not result in a 1-year expenditure that
                                                  regulation. We anticipate no significant                Rule?                                                 meets or exceeds this amount.
                                                  adverse comments.                                          This rule, if finalized, would amend                  The purpose of this final rule is to
                                                     Consistent with FDA’s procedures on
                                                                                                          § 1020.32. FDA’s authority to modify                  correct a drafting error regarding
                                                  direct final rulemaking, we are
                                                                                                          § 1020.32 arises from the same authority              fluoroscopic equipment measurement in
                                                  publishing a companion proposed rule
                                                                                                          under which FDA initially issued this                 a performance standard for ionizing
                                                  elsewhere in this issue of the Federal
                                                                                                          regulation, the device and general                    radiation. The amendment will improve
                                                  Register. That proposed rule is identical
                                                                                                          administrative provisions of the Federal              the clarity and accuracy of the
                                                  in substance to this direct final rule. The
                                                                                                          Food, Drug, and Cosmetic Act (21 U.S.C.               regulations. Because this final rule is a
                                                  companion proposal will provide a
                                                                                                          351, 352, 360e–360j, 360hh–360ss, 371,                technical correction and would impose
                                                  procedural framework to finalize a new
                                                                                                          and 381).                                             no additional regulatory burdens, this
                                                  rule in the event we withdraw this
                                                                                                          IV. What is the environmental impact                  regulation is not anticipated to result in
                                                  direct final rule because we receive
                                                                                                          of this Rule?                                         any compliance costs, and the economic
                                                  significant adverse comment. The
                                                                                                                                                                impact is expected to be minimal.
                                                  comment period for this direct final rule                  FDA has determined under 21 CFR
                                                  runs concurrently with the comment                      25.30(h) and 25.34(a) that this action is             VI. How does the Paperwork Reduction
                                                  period of the companion proposed rule.                  of a type that does not individually or               Act of 1995 apply to this Rule?
                                                  We will consider any comments that we                   cumulatively have a significant effect on               This final rule contains no collection
                                                  receive in response to the companion                    the human environment. Therefore,                     of information. Therefore, clearance by
                                                  proposed rule to be comments also                       neither an environmental assessment                   the Office of Management and Budget
                                                  regarding this direct final rule and vice               nor an environmental impact statement                 under the Paperwork Reduction Act of
                                                  versa.                                                  is required.                                          1995 is not required.
                                                     If FDA receives any significant
                                                  adverse comments, we will withdraw                      V. What is the economic analysis of                   VII. What are the Federalism
                                                  this direct final rule before its effective             impact of this Rule?                                  implications of this Rule?
                                                  date by publishing a notice in the                         FDA has examined the impacts of the                   FDA has analyzed this final rule in
                                                  Federal Register within 30 days after                   final rule under Executive Order 12866,               accordance with the principles set forth
                                                  the comment period ends. A significant                  Executive Order 13563, the Regulatory                 in Executive Order 13132. FDA has
                                                  adverse comment is one that explains                    Flexibility Act (5 U.S.C. 601–612), and               determined that the rule does not
                                                  why the rule would be inappropriate                     the Unfunded Mandates Reform Act of                   contain policies that have substantial
                                                  (including challenges to the rule’s                     1995 (Pub. L. 104–4). Executive Orders                direct effects on the States, on the
                                                  underlying premise or approach),                        12866 and 13563 direct Agencies to                    relationship between the National
                                                  ineffective, or unacceptable without                    assess all costs and benefits of available            Government and the States, or on the
                                                  change. In determining whether an                       regulatory alternatives and, when                     distribution of power and
                                                  adverse comment is significant and                      regulation is necessary, to select                    responsibilities among the various
                                                  warrants withdrawing a direct final rule,               regulatory approaches that maximize                   levels of government. Accordingly, the
                                                  we consider whether the comment                         net benefits (including potential                     Agency has concluded that the rule does
                                                  raises an issue serious enough to                       economic, environmental, public health                not contain policies that have
                                                  warrant a substantive response in a                     and safety, and other advantages;                     federalism implications as defined in
                                                  notice-and-comment process in                           distributive impacts; and equity). The                the Executive order and, consequently,
                                                  accordance with section 553 of the                      Agency believes that this final rule is               a federalism summary impact statement
                                                  Administrative Procedure Act (APA) (5                   not a significant regulatory action under             is not required.
                                                  U.S.C. 553). Comments that are                          Executive Order 12866.
                                                  frivolous, insubstantial, or outside the                   The Regulatory Flexibility Act                     VIII. How do you submit comments on
                                                  scope of the rule will not be considered                requires Agencies to analyze regulatory               this Rule?
                                                  a significant adverse comment, unless                   options that would minimize any                          Interested persons may submit either
                                                  the comment states why the rule would                   significant impact of a rule on small                 electronic comments regarding this
                                                  be ineffective without the additional                                                                         document to http://www.regulations.gov
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                                                                                                          entities. Because this rule does not add
                                                  change. In addition, if a significant                   any additional regulatory burdens, the                or written comments to the Division of
                                                  adverse comment applies to part of a                    Agency certifies that this final rule will            Dockets Management (see ADDRESSES). It
                                                  rule and that part can be severed from                  not have a significant economic impact                is only necessary to send one set of
                                                  the remainder of the rule, we may adopt                 on a substantial number of small                      comments. Identify comments with the
                                                  as final those parts of the rule that are               entities.                                             docket number found in brackets in the
                                                  not the subject of a significant adverse                   Section 202(a) of the Unfunded                     heading of this document. Received
                                                  comment.                                                Mandates Reform Act of 1995 requires                  comments may be seen in the Division


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                                                  19532               Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  of Dockets Management between 9 a.m.                    DATES:    Effective: April 13, 2015.                  manuscripts, books, journals, and
                                                  and 4 p.m., Monday through Friday, and                  FOR FURTHER INFORMATION CONTACT:                      newspapers, in paper or electronic
                                                  will be posted to the docket at http://                 Assistant Director for Licensing, tel.:               format.
                                                  www.regulations.gov.                                    202/622–2480, Assistant Director for                  Public Participation
                                                  List of Subjects in 21 CFR Part 1020                    Policy, tel.: 202/622–6746, Assistant
                                                                                                          Director for Regulatory Affairs, tel: 202/              Because the amendment of the
                                                    Electronic products, Medical devices,                 622–4855, Assistant Director for                      Regulations involves a foreign affairs
                                                  Radiation protection, Reporting and                     Sanctions Compliance & Evaluation,                    function, Executive Order 12866 and the
                                                  recordkeeping requirements, Television,                 tel.: 202/622–2490, Office of Foreign                 provisions of the Administrative
                                                  X-rays.                                                 Assets Control, or Chief Counsel                      Procedure Act (5 U.S.C. 553) requiring
                                                    Therefore, under the Federal Food,                    (Foreign Assets Control), tel.: 202/622–              notice of proposed rulemaking,
                                                  Drug, and Cosmetic Act and under                        2410, Office of the General Counsel,                  opportunity for public participation,
                                                  authority delegated to the Commissioner                 Department of the Treasury (not toll free             and delay in effective date are
                                                  of Food and Drugs, 21 CFR part 1020 is                  numbers).                                             inapplicable. Because no notice of
                                                  amended as follows:                                     SUPPLEMENTARY INFORMATION:                            proposed rulemaking is required for this
                                                                                                                                                                rule, the Regulatory Flexibility Act (5
                                                  PART 1020—PERFORMANCE                                   Electronic and Facsimile Availability                 U.S.C. 601–612) does not apply.
                                                  STANDARDS FOR IONIZING                                    This document and additional
                                                  RADIATION EMITTING PRODUCTS                                                                                   Paperwork Reduction Act
                                                                                                          information concerning OFAC are
                                                                                                          available from OFAC’s Web site                          The collections of information related
                                                  ■ 1. The authority citation for 21 CFR
                                                                                                          (www.treasury.gov/ofac). Certain general              to the Regulations are contained in 31
                                                  part 1020 continues to read as follows:
                                                                                                          information pertaining to OFAC’s                      CFR part 501 (the ‘‘Reporting,
                                                    Authority: 21 U.S.C. 351, 352, 360e–360j,             sanctions programs also is available via              Procedures and Penalties Regulations’’).
                                                  360hh–360ss, 371, 381.                                                                                        Pursuant to the Paperwork Reduction
                                                                                                          facsimile through a 24-hour fax-on-
                                                  ■ 2. Revise § 1020.32(b)(4)(ii)(A) to read              demand service, tel.: 202/622–0077.                   Act of 1995 (44 U.S.C. 3507), those
                                                  as follows:                                                                                                   collections of information have been
                                                                                                          Background                                            approved by the Office of Management
                                                  § 1020.32   Fluoroscopic equipment.                        On April 5, 2005, the Office of                    and Budget under control number 1505–
                                                    (b) * * *                                             Foreign Assets Control (OFAC) issued                  0164. An agency may not conduct or
                                                    (4) * * *                                             the Syrian Sanctions Regulations, 31                  sponsor, and a person is not required to
                                                    (ii) * * *                                            CFR part 542 (the ‘‘Regulations’’) (70 FR             respond to, a collection of information
                                                    (A) When every linear dimension of                    17201, April 5, 2005), to implement                   unless the collection of information
                                                  the visible area of the image receptor                  Executive Order 13338 of May 11, 2004                 displays a valid control number.
                                                  measured through the center of the                      (69 FR 26751, May 13, 2004) (E.O.
                                                  visible area is less than or equal to 34                                                                      List of Subjects in 31 CFR Part 542
                                                                                                          13338), pursuant to, inter alia, the
                                                  cm in any direction, at least 80 percent                International Emergency Economic                        Administrative practice and
                                                  of the area of the x-ray field overlaps the             Powers Act (50 U.S.C. 1701 et seq.)                   procedure, Exports, Foreign trade,
                                                  visible area of the image.                              (IEEPA). On May 2, 2014, OFAC                         Information, Services, Syria.
                                                  *      *    *      *    *                               amended the Regulations to implement                    For the reasons set forth in the
                                                    Dated: April 7, 2015.                                 Executive Order 13399 of April 25, 2006               preamble, the Department of the
                                                                                                          (71 FR 25059, April 28, 2006) (E.O.                   Treasury’s Office of Foreign Assets
                                                  Leslie Kux,
                                                                                                          13399), Executive Order 13460 of                      Control amends 31 CFR part 542 as set
                                                  Associate Commissioner for Policy.
                                                                                                          February 13, 2008 (73 FR 8991,                        forth below:
                                                  [FR Doc. 2015–08360 Filed 4–10–15; 8:45 am]             February 15, 2008) (E.O. 13460),
                                                  BILLING CODE 4164–01–P                                  Executive Order 13572 of April 29, 2011               PART 542—SYRIAN SANCTIONS
                                                                                                          (76 FR 24787, May 3, 2011) (E.O.                      REGULATIONS
                                                                                                          13572), Executive Order 13573 of May
                                                  DEPARTMENT OF THE TREASURY                              18, 2011 (76 FR 29143, May 20, 2011)                  ■ 1. The authority citation for part 542
                                                                                                          (E.O. 13573), Executive Order 13582 of                continues to read as follows:
                                                  Office of Foreign Assets Control                        August 17, 2011 (76 FR 52209, August
                                                                                                                                                                  Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
                                                                                                          22, 2011) (E.O. 13582), and Executive                 18 U.S.C. 2332d; 22 U.S.C. 287c; 50 U.S.C.
                                                  31 CFR Part 542                                         Order 13606 of April 22, 2012 (77 FR                  1601–1651, 1701–1706; Pub. L. 101–410, 104
                                                                                                          24571, April 24, 2012) (E.O. 13606).                  Stat. 890 (28 U.S.C. 2461 note); Pub. L. 110–
                                                  Syrian Sanctions Regulations
                                                                                                          Today, OFAC is amending the                           96, 121 Stat. 1011 (50 U.S.C. 1701 note); E.O.
                                                  AGENCY:  Office of Foreign Assets                       Regulations to authorize certain                      13338, 69 FR 26751, 3 CFR, 2004 Comp., p.
                                                  Control, Treasury.                                      activities relating to publishing.                    168; E.O. 13399, 71 FR 25059, 3 CFR, 2006
                                                                                                             With certain exceptions, the                       Comp., p. 218; E.O. 13460, 73 FR 8991, 3 CFR
                                                  ACTION: Final rule.
                                                                                                          exportation or importation of                         2008 Comp., p. 181; E.O. 13572, 76 FR 24787,
                                                  SUMMARY:   The Department of the                        information or informational materials                3 CFR 2011 Comp., p.236; E.O. 13573, 76 FR
                                                                                                                                                                29143, 3 CFR 2011 Comp., p. 241; E.O.
                                                  Treasury’s Office of Foreign Assets                     to or from any country is exempt from                 13582, 76 FR 52209, 3 CFR 2011 Comp., p.
                                                  Control is amending the Syrian                          regulation by the President under
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                                                                                264; E.O. 13606, 77 FR 24571, 3 CFR 2012
                                                  Sanctions Regulations to authorize by                   IEEPA. See 50 U.S.C. 1702(b)(3); 31 CFR               Comp., p.243.
                                                  general license certain activities relating             542.211(b). OFAC is issuing a new
                                                  to publishing, not already exempt from                  general license set forth at 31 CFR                   Subpart E—Licenses, Authorizations,
                                                  regulation, that support the publishing                 542.532 to authorize, subject to certain              and Statements of Licensing Policy
                                                  and marketing of manuscripts, books,                    limitations, transactions not already
                                                  journals, and newspapers in paper and                   exempt from regulation that support the               ■ 2. Add new § 542.532 to read as
                                                  electronic format.                                      publishing and marketing of                           follows:


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Document Created: 2015-12-18 11:21:43
Document Modified: 2015-12-18 11:21:43
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
ActionDirect final rule.
DatesThis rule is effective August 26, 2015. Submit electronic or written comments on this direct final rule or its companion proposed rule by June 29, 2015.
ContactScott Gonzalez, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4641, Silver Spring, MD 20993-0002, 301-796-5889.
FR Citation80 FR 19530 
CFR AssociatedElectronic Products; Medical Devices; Radiation Protection; Reporting and Recordkeeping Requirements; Television and X-Rays

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