80_FR_72813 80 FR 72589 - Medical Devices; Exemption From Premarket Notification; Class II Devices; Electric Positioning Chair

80 FR 72589 - Medical Devices; Exemption From Premarket Notification; Class II Devices; Electric Positioning Chair

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range72589-72591
FR Document2015-29633

The Food and Drug Administration (FDA or the Agency) is publishing an order granting a petition requesting exemption from premarket notification requirements for electric positioning chair devices. An electric positioning chair is a device with a motorized positioning control that is intended for medical purposes and that can be adjusted to various positions. These devices are used to provide stability for patients with athetosis (involuntary spasms) and to alter postural positions. This order exempts electric positioning chairs, class II devices, from premarket notification, subject to certain conditions for exemption. This exemption from premarket notification, subject to these conditions (and the limitations in the physical medicine devices limitations of exemptions from premarket notification section of the device regulations), is immediately in effect for electric positioning chairs. FDA is publishing this order in accordance with the exemption from class II premarket notification section of the Federal Food, Drug, and Cosmetic Act (the FD&C Act).

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72589-72591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29633]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 890

[Docket No. FDA-2015-P-1197]


Medical Devices; Exemption From Premarket Notification; Class II 
Devices; Electric Positioning Chair

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
publishing an order granting a petition requesting exemption from 
premarket notification requirements for electric positioning chair 
devices. An electric positioning chair is a device with a motorized 
positioning control that is intended for medical purposes and that can 
be adjusted to various positions. These devices are used to provide 
stability for patients with athetosis (involuntary spasms) and to alter 
postural positions. This order exempts electric positioning chairs, 
class II devices, from premarket notification, subject to certain 
conditions for exemption. This exemption from premarket notification, 
subject to these conditions (and the limitations in the physical 
medicine devices limitations of exemptions from premarket notification 
section of the device regulations), is immediately in effect for 
electric positioning chairs. FDA is publishing this order in accordance 
with the exemption from class II premarket notification section of the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act).

DATES: This order is effective November 20, 2015.

FOR FURTHER INFORMATION CONTACT: John Marszalek, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 1427, Silver Spring, MD 20993, 301-796-7067.

SUPPLEMENTARY INFORMATION: 

I. Statutory Background

    Section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and its 
implementing regulations (21 CFR part 807) require persons who propose 
to begin the introduction or delivery for introduction into interstate 
commerce for commercial distribution of a device intended for human use 
to submit a premarket notification (510(k)) to FDA. The device may not 
be marketed until FDA finds it ``substantially equivalent'' within the 
meaning of section 513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a 
legally marketed device that does not require premarket approval.
    On November 21, 1997, the President signed into law the Food and 
Drug Administration Modernization Act of 1997 (FDAMA). Section 206 of 
FDAMA added section 510(m) to the FD&C Act. Section 510(m)(1) of the 
FD&C Act requires FDA, within 60 days after enactment of FDAMA, to 
publish in the Federal Register a list of each type of class II device 
that does not require a report under section 510(k) of the FD&C Act to 
provide reasonable assurance of safety and effectiveness. Section 
510(m) of the FD&C Act further provides that a 510(k) will no longer be 
required for these devices upon the date of publication of the list in 
the Federal Register. FDA published that list in the Federal Register 
of January 21, 1998 (63 FR 3142).
    Section 510(m)(2) of the FD&C Act provides that FDA may exempt a 
device from premarket notification requirements on its own initiative, 
or upon petition of an interested person, if FDA determines that a 
510(k) is not necessary to assure the safety and effectiveness of the 
device. This section requires FDA to publish in the Federal Register a 
notice of intent to exempt a device, or of the petition, and to provide 
a 30-day comment period. FDA must publish in the Federal Register its 
final determination regarding the exemption of the device that was the 
subject of the notice. If FDA fails to respond to a petition under this 
section within 180 days of receiving it, the petition shall be deemed 
granted.

II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether 
a 510(k) is necessary to assure the safety and effectiveness of a class 
II device. These factors are discussed in the guidance that the Agency 
issued on February 19, 1998, entitled ``Procedures for Class II Device 
Exemptions From Premarket Notification, Guidance for Industry and CDRH 
Staff'' (Class II 510(k) Exemption Guidance). That guidance can be 
obtained through the Internet on the Center for Devices and 
Radiological Health home page at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm080198.htm or by 
sending an email request to [email protected] to receive a copy 
of the document. Please use the document number 159 to identify the 
guidance you are requesting.

III. Device Description

    Electric positioning chairs are devices with a motorized 
positioning control that are intended for medical purposes and that can 
be adjusted to various positions. Existing legally marketed devices 
have identified a range of specific procedures or conditions for which 
an electric positioning chair could be used to provide stability and to 
alter postural positions (e.g., muscular dystrophy, Parkinson's 
syndrome, or joint replacements). The devices are primarily intended to 
provide stability and a controlled lift from a seated position to a 
standing position, while supporting the patient's weight (alter 
postural positions). The device consists of a frame (where the user 
would sit) and a lift mechanism, and may also allow the patient to 
recline in the device.

IV. Petition

    On April 10, 2015, FDA received a petition requesting an exemption 
from premarket notification for electric positioning chair devices. 
(See Docket No. FDA-2015-P-1197.) These devices are currently 
classified under 21 CFR 890.3110 Electric positioning chair.
    In the Federal Register of June 12, 2015 (80 FR 33525), FDA 
published a notice announcing that this petition had been received and 
provided opportunity for interested persons to submit comments on the 
petition by July 13, 2015. FDA received no comments.
    FDA has assessed the need for 510(k) clearance for this type of 
device using the criteria laid out in the Class II 510(k) Exemption 
Guidance and in the January 21, 1998, notice (63 FR 3142 at 3143). 
Based on its review, FDA believes that premarket notification is not 
necessary to assure the safety and effectiveness of the device, as long 
as certain conditions are met. FDA believes that the risks posed by the 
device (such as instability, entrapment, use error, falls and 
associated injuries, battery/electrical/mechanical failure, pressure 
sores, bruising, burns, electric shock, and

[[Page 72590]]

electromagnetic incompatibility/interference) and the characteristics 
of the device necessary for its safe and effective performance (such as 
safety features, weight capacity, power source, drive mechanism/
actuator, and user controls) are well established. Moreover, FDA 
believes that changes in the device that could affect safety and 
effectiveness will be readily detectable by certain types of routine 
analysis and non-clinical testing, such as those detailed in certain 
consensus standards. Therefore, after reviewing the petition, FDA has 
determined that premarket notification is not necessary to assure the 
safety and effectiveness of electric positioning chairs, as long as the 
conditions for 510(k) exemption in section V are met. FDA responded to 
the petition by letter dated October 9, 2015, to inform the petitioner 
of this decision within the 180-day timeframe under section 510(m)(2) 
of the FD&C Act.

V. Conditions for Exemption

    This final order provides conditions for exemption from premarket 
notification. The following conditions must be met for the device to be 
510(k)-exempt: (1) Appropriate analysis and non-clinical testing must 
demonstrate that the safety controls are adequate to ensure safe use of 
the device and prevent user falls from the device in the event of a 
device failure; (2) appropriate analysis and non-clinical testing must 
demonstrate the ability of the device to withstand the rated user 
weight load with an appropriate factor of safety; (3) appropriate 
analysis and non-clinical testing must demonstrate the longevity of the 
device to withstand external forces applied to the device and provide 
the user with an expected service life of the device; (4) appropriate 
analysis and non-clinical testing must demonstrate proper environments 
of use and storage of the device to maximize the longevity of the 
device; (5) appropriate analysis and non-clinical testing (such as that 
outlined in the currently FDA-recognized editions of ANSI/AAMI ES60601-
1: ``Medical Electrical Equipment--Part 1: General Requirements for 
Basic Safety and Essential Performance,'' and ANSI/AAMI/IEC 60601-1-2, 
``Medical Electrical Equipment--Part 1-2: General Requirements for 
Basic Safety and Essential Performance--Collateral Standard: 
Electromagnetic Disturbances--Requirements and Tests'') must validate 
electromagnetic compatibility and electrical safety; (6) appropriate 
analysis and non-clinical testing (such as that outlined in the 
currently FDA-recognized editions of ANSI/AAMI/ISO 10993-1, 
``Biological Evaluation of Medical Devices--Part 1: Evaluation and 
Testing Within a Risk Management Process,'' ANSI/AAMI/ISO 10993-5, 
``Biological Evaluation of Medical Devices--Part 5: Tests for In Vitro 
Cytotoxicity,'' and ANSI/AAMI/ISO 10993-10, ``Biological Evaluation of 
Medical Devices--Part 10: Tests for Irritation and Skin 
Sensitization'') must validate that the skin-contacting components of 
the device are biocompatible; (7) appropriate analysis and non-clinical 
testing (such as that outlined in the currently FDA-recognized editions 
of IEC 62304, ``Medical Device Software--Software Life Cycle 
Processes'') must validate the software life cycle and that all 
processes, activities, and tasks are implemented and documented; (8) 
appropriate analysis and non-clinical testing must validate that the 
device components are found to be non-flammable; (9) appropriate 
analysis and non-clinical testing must validate that the battery in the 
device (if applicable) performs as intended over the anticipated 
service life of the device; and (10) adequate patient labeling is 
provided to the user to document proper use and maintenance of the 
device to ensure safe use of the device by the patient in the intended 
use environment.
    Firms are now exempt from 510(k) requirements for electric 
positioning chairs as long as they meet these conditions of exemption, 
subject to the limitations in 21 CFR 890.9. Firms must comply with the 
conditions for exemption or submit and receive clearance for a 510(k) 
prior to marketing.

VI. Environmental Impact

    The Agency has determined under 21 CFR 25.30(h) 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.

VII. Paperwork Reduction Act of 1995

    This final order refers to previously approved collections of 
information found in 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 801, regarding medical device 
labeling, have been approved under OMB control number 0910-0485 and the 
collections of information in 21 CFR part 820, regarding the quality 
system regulation, have been approved under OMB control number 0910-
0073.

List of Subjects in 21 CFR Part 890

    Medical devices, Physical medicine devices.

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

PART 890--PHYSICAL MEDICINE DEVICES

0
1. The authority citation for 21 CFR part 890 continues to read as 
follows:

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

0
2. In Sec.  890.3110, revise paragraph (b) to read as follows:


Sec.  890.3110  Electric positioning chair.

* * * * *
    (b) Classification. Class II. The electric positioning chair is 
exempt from premarket notification procedures in subpart E of part 807 
of this chapter, subject to Sec.  890.9 and the following conditions 
for exemption:
    (1) Appropriate analysis and non-clinical testing must demonstrate 
that the safety controls are adequate to ensure safe use of the device 
and prevent user falls from the device in the event of a device 
failure;
    (2) Appropriate analysis and non-clinical testing must demonstrate 
the ability of the device to withstand the rated user weight load with 
an appropriate factor of safety;
    (3) Appropriate analysis and non-clinical testing must demonstrate 
the longevity of the device to withstand external forces applied to the 
device and provide the user with an expected service life of the 
device;
    (4) Appropriate analysis and non-clinical testing must demonstrate 
proper environments of use and storage of the device to maximize the 
longevity of the device;
    (5) Appropriate analysis and non-clinical testing (such as that 
outlined in the currently FDA-recognized editions of ANSI/AAMI/ES60601-
1, ``Medical Electrical Equipment--Part 1: General Requirements for 
Basic Safety and Essential Performance,'' and ANSI/AAMI/IEC 60601-1-2, 
``Medical Electrical Equipment--Part 1-2: General Requirements for 
Basic Safety and Essential Performance--Collateral Standard: 
Electromagnetic Disturbances--Requirements and Tests'') must validate 
electromagnetic compatibility and electrical safety;
    (6) Appropriate analysis and non-clinical testing (such as that 
outlined in

[[Page 72591]]

the currently FDA-recognized editions of ANSI/AAMI/ISO 10993-1, 
``Biological Evaluation of Medical Devices--Part 1: Evaluation and 
Testing Within a Risk Management Process,'' ANSI/AAMI/ISO 10993-5, 
``Biological Evaluation of Medical Devices--Part 5: Tests for In Vitro 
Cytotoxicity,'' and ANSI/AAMI/ISO 10993-10, ``Biological Evaluation of 
Medical Devices--Part 10: Tests for Irritation and Skin 
Sensitization'') must validate that the skin-contacting components of 
the device are biocompatible;
    (7) Appropriate analysis and non-clinical testing (such as that 
outlined in the currently FDA-recognized editions of IEC 62304, 
``Medical Device Software--Software Life Cycle Processes'') must 
validate the software life cycle and that all processes, activities, 
and tasks are implemented and documented;
    (8) Appropriate analysis and non-clinical testing must validate 
that the device components are found to be non-flammable;
    (9) Appropriate analysis and non-clinical testing must validate 
that the battery in the device (if applicable) performs as intended 
over the anticipated service life of the device; and
    (10) Adequate patient labeling is provided to the user to document 
proper use and maintenance of the device to ensure safe use of the 
device by the patient in the intended use environment.

     Dated: November 16, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29633 Filed 11-19-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                          72589

                                            radiation low-level disinfection in the                 Administration, 10903 New Hampshire                   for Class II Device Exemptions From
                                            chamber device.                                         Ave., Bldg. 66, Rm. 1427, Silver Spring,              Premarket Notification, Guidance for
                                              (x) Description of the required                       MD 20993, 301–796–7067.                               Industry and CDRH Staff’’ (Class II
                                            preparation of equipment for                            SUPPLEMENTARY INFORMATION:                            510(k) Exemption Guidance). That
                                            disinfection in the UV radiation                                                                              guidance can be obtained through the
                                            chamber device.                                         I. Statutory Background                               Internet on the Center for Devices and
                                              (xi) Identification of the specific                      Section 510(k) of the FD&C Act (21                 Radiological Health home page at
                                            microbes used in successful                             U.S.C. 360(k)) and its implementing                   http://www.fda.gov/MedicalDevices/
                                            performance testing of the device.                      regulations (21 CFR part 807) require                 DeviceRegulationandGuidance/
                                              (xii) Validated instructions for                      persons who propose to begin the                      GuidanceDocuments/ucm080198.htm or
                                            cleaning and disinfection of the device.                introduction or delivery for introduction             by sending an email request to CDRH-
                                              Dated: November 17, 2015.                             into interstate commerce for commercial               Guidance@fda.hhs.gov to receive a copy
                                            Leslie Kux,
                                                                                                    distribution of a device intended for                 of the document. Please use the
                                                                                                    human use to submit a premarket                       document number 159 to identify the
                                            Associate Commissioner for Policy.
                                                                                                    notification (510(k)) to FDA. The device              guidance you are requesting.
                                            [FR Doc. 2015–29660 Filed 11–19–15; 8:45 am]            may not be marketed until FDA finds it
                                                                                                                                                          III. Device Description
                                            BILLING CODE 4164–01–P                                  ‘‘substantially equivalent’’ within the
                                                                                                    meaning of section 513(i) of the FD&C                    Electric positioning chairs are devices
                                                                                                    Act (21 U.S.C. 360c(i)) to a legally                  with a motorized positioning control
                                            DEPARTMENT OF HEALTH AND                                marketed device that does not require                 that are intended for medical purposes
                                            HUMAN SERVICES                                          premarket approval.                                   and that can be adjusted to various
                                                                                                       On November 21, 1997, the President                positions. Existing legally marketed
                                            Food and Drug Administration                                                                                  devices have identified a range of
                                                                                                    signed into law the Food and Drug
                                                                                                    Administration Modernization Act of                   specific procedures or conditions for
                                            21 CFR Part 890                                         1997 (FDAMA). Section 206 of FDAMA                    which an electric positioning chair
                                            [Docket No. FDA–2015–P–1197]                            added section 510(m) to the FD&C Act.                 could be used to provide stability and
                                                                                                    Section 510(m)(1) of the FD&C Act                     to alter postural positions (e.g.,
                                            Medical Devices; Exemption From                         requires FDA, within 60 days after                    muscular dystrophy, Parkinson’s
                                            Premarket Notification; Class II                        enactment of FDAMA, to publish in the                 syndrome, or joint replacements). The
                                            Devices; Electric Positioning Chair                     Federal Register a list of each type of               devices are primarily intended to
                                                                                                    class II device that does not require a               provide stability and a controlled lift
                                            AGENCY:    Food and Drug Administration,
                                                                                                    report under section 510(k) of the FD&C               from a seated position to a standing
                                            HHS.
                                                                                                    Act to provide reasonable assurance of                position, while supporting the patient’s
                                            ACTION:   Final order.                                  safety and effectiveness. Section 510(m)              weight (alter postural positions). The
                                            SUMMARY:    The Food and Drug                           of the FD&C Act further provides that a               device consists of a frame (where the
                                            Administration (FDA or the Agency) is                   510(k) will no longer be required for                 user would sit) and a lift mechanism,
                                            publishing an order granting a petition                 these devices upon the date of                        and may also allow the patient to
                                            requesting exemption from premarket                     publication of the list in the Federal                recline in the device.
                                            notification requirements for electric                  Register. FDA published that list in the
                                                                                                                                                          IV. Petition
                                            positioning chair devices. An electric                  Federal Register of January 21, 1998 (63
                                                                                                    FR 3142).                                               On April 10, 2015, FDA received a
                                            positioning chair is a device with a
                                                                                                       Section 510(m)(2) of the FD&C Act                  petition requesting an exemption from
                                            motorized positioning control that is
                                                                                                    provides that FDA may exempt a device                 premarket notification for electric
                                            intended for medical purposes and that
                                                                                                    from premarket notification                           positioning chair devices. (See Docket
                                            can be adjusted to various positions.
                                                                                                    requirements on its own initiative, or                No. FDA–2015–P–1197.) These devices
                                            These devices are used to provide
                                                                                                    upon petition of an interested person, if             are currently classified under 21 CFR
                                            stability for patients with athetosis
                                                                                                    FDA determines that a 510(k) is not                   890.3110 Electric positioning chair.
                                            (involuntary spasms) and to alter                                                                               In the Federal Register of June 12,
                                                                                                    necessary to assure the safety and
                                            postural positions. This order exempts                                                                        2015 (80 FR 33525), FDA published a
                                                                                                    effectiveness of the device. This section
                                            electric positioning chairs, class II                                                                         notice announcing that this petition had
                                                                                                    requires FDA to publish in the Federal
                                            devices, from premarket notification,                                                                         been received and provided opportunity
                                                                                                    Register a notice of intent to exempt a
                                            subject to certain conditions for                                                                             for interested persons to submit
                                                                                                    device, or of the petition, and to provide
                                            exemption. This exemption from                                                                                comments on the petition by July 13,
                                                                                                    a 30-day comment period. FDA must
                                            premarket notification, subject to these                                                                      2015. FDA received no comments.
                                                                                                    publish in the Federal Register its final
                                            conditions (and the limitations in the                                                                          FDA has assessed the need for 510(k)
                                                                                                    determination regarding the exemption
                                            physical medicine devices limitations of                                                                      clearance for this type of device using
                                                                                                    of the device that was the subject of the
                                            exemptions from premarket notification                                                                        the criteria laid out in the Class II 510(k)
                                                                                                    notice. If FDA fails to respond to a
                                            section of the device regulations), is                                                                        Exemption Guidance and in the January
                                                                                                    petition under this section within 180
                                            immediately in effect for electric                                                                            21, 1998, notice (63 FR 3142 at 3143).
                                                                                                    days of receiving it, the petition shall be
                                            positioning chairs. FDA is publishing                                                                         Based on its review, FDA believes that
                                                                                                    deemed granted.
                                            this order in accordance with the                                                                             premarket notification is not necessary
                                            exemption from class II premarket                       II. Criteria for Exemption                            to assure the safety and effectiveness of
                                            notification section of the Federal Food,                  There are a number of factors FDA                  the device, as long as certain conditions
tkelley on DSK3SPTVN1PROD with RULES




                                            Drug, and Cosmetic Act (the FD&C Act).                  may consider to determine whether a                   are met. FDA believes that the risks
                                            DATES: This order is effective November                 510(k) is necessary to assure the safety              posed by the device (such as instability,
                                            20, 2015.                                               and effectiveness of a class II device.               entrapment, use error, falls and
                                            FOR FURTHER INFORMATION CONTACT: John                   These factors are discussed in the                    associated injuries, battery/electrical/
                                            Marszalek, Center for Devices and                       guidance that the Agency issued on                    mechanical failure, pressure sores,
                                            Radiological Health, Food and Drug                      February 19, 1998, entitled ‘‘Procedures              bruising, burns, electric shock, and


                                       VerDate Sep<11>2014   17:28 Nov 19, 2015   Jkt 238001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\20NOR1.SGM   20NOR1


                                            72590            Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations

                                            electromagnetic incompatibility/                        Evaluation of Medical Devices—Part 1:                 system regulation, have been approved
                                            interference) and the characteristics of                Evaluation and Testing Within a Risk                  under OMB control number 0910–0073.
                                            the device necessary for its safe and                   Management Process,’’ ANSI/AAMI/ISO
                                                                                                                                                          List of Subjects in 21 CFR Part 890
                                            effective performance (such as safety                   10993–5, ‘‘Biological Evaluation of
                                            features, weight capacity, power source,                Medical Devices—Part 5: Tests for In                    Medical devices, Physical medicine
                                            drive mechanism/actuator, and user                      Vitro Cytotoxicity,’’ and ANSI/AAMI/                  devices.
                                            controls) are well established. Moreover,               ISO 10993–10, ‘‘Biological Evaluation of                Therefore, under the Federal Food,
                                            FDA believes that changes in the device                 Medical Devices—Part 10: Tests for                    Drug, and Cosmetic Act and under
                                            that could affect safety and effectiveness              Irritation and Skin Sensitization’’) must             authority delegated to the Commissioner
                                            will be readily detectable by certain                   validate that the skin-contacting                     of Food and Drugs, 21 CFR part 890 is
                                            types of routine analysis and non-                      components of the device are                          amended as follows:
                                            clinical testing, such as those detailed in             biocompatible; (7) appropriate analysis
                                            certain consensus standards. Therefore,                 and non-clinical testing (such as that                PART 890—PHYSICAL MEDICINE
                                            after reviewing the petition, FDA has                   outlined in the currently FDA-                        DEVICES
                                            determined that premarket notification                  recognized editions of IEC 62304,
                                            is not necessary to assure the safety and                                                                     ■ 1. The authority citation for 21 CFR
                                                                                                    ‘‘Medical Device Software—Software
                                            effectiveness of electric positioning                                                                         part 890 continues to read as follows:
                                                                                                    Life Cycle Processes’’) must validate the
                                            chairs, as long as the conditions for                   software life cycle and that all                        Authority: 21 U.S.C. 351, 360, 360c, 360e,
                                            510(k) exemption in section V are met.                  processes, activities, and tasks are                  360j, 371.
                                            FDA responded to the petition by letter                 implemented and documented; (8)                       ■ 2. In § 890.3110, revise paragraph (b)
                                            dated October 9, 2015, to inform the                    appropriate analysis and non-clinical                 to read as follows:
                                            petitioner of this decision within the                  testing must validate that the device
                                            180-day timeframe under section                                                                               § 890.3110   Electric positioning chair.
                                                                                                    components are found to be non-
                                            510(m)(2) of the FD&C Act.                              flammable; (9) appropriate analysis and               *      *     *     *    *
                                                                                                    non-clinical testing must validate that                 (b) Classification. Class II. The electric
                                            V. Conditions for Exemption                                                                                   positioning chair is exempt from
                                                                                                    the battery in the device (if applicable)
                                              This final order provides conditions                  performs as intended over the                         premarket notification procedures in
                                            for exemption from premarket                            anticipated service life of the device;               subpart E of part 807 of this chapter,
                                            notification. The following conditions                  and (10) adequate patient labeling is                 subject to § 890.9 and the following
                                            must be met for the device to be 510(k)-                                                                      conditions for exemption:
                                                                                                    provided to the user to document proper
                                            exempt: (1) Appropriate analysis and                                                                             (1) Appropriate analysis and non-
                                                                                                    use and maintenance of the device to
                                            non-clinical testing must demonstrate                                                                         clinical testing must demonstrate that
                                                                                                    ensure safe use of the device by the
                                            that the safety controls are adequate to                                                                      the safety controls are adequate to
                                                                                                    patient in the intended use
                                            ensure safe use of the device and                                                                             ensure safe use of the device and
                                                                                                    environment.
                                            prevent user falls from the device in the                                                                     prevent user falls from the device in the
                                            event of a device failure; (2) appropriate                 Firms are now exempt from 510(k)                   event of a device failure;
                                            analysis and non-clinical testing must                  requirements for electric positioning                    (2) Appropriate analysis and non-
                                            demonstrate the ability of the device to                chairs as long as they meet these                     clinical testing must demonstrate the
                                            withstand the rated user weight load                    conditions of exemption, subject to the               ability of the device to withstand the
                                            with an appropriate factor of safety; (3)               limitations in 21 CFR 890.9. Firms must               rated user weight load with an
                                            appropriate analysis and non-clinical                   comply with the conditions for                        appropriate factor of safety;
                                            testing must demonstrate the longevity                  exemption or submit and receive                          (3) Appropriate analysis and non-
                                            of the device to withstand external                     clearance for a 510(k) prior to                       clinical testing must demonstrate the
                                            forces applied to the device and provide                marketing.                                            longevity of the device to withstand
                                            the user with an expected service life of               VI. Environmental Impact                              external forces applied to the device and
                                            the device; (4) appropriate analysis and                                                                      provide the user with an expected
                                            non-clinical testing must demonstrate                      The Agency has determined under 21                 service life of the device;
                                            proper environments of use and storage                  CFR 25.30(h) that this action is of a type               (4) Appropriate analysis and non-
                                            of the device to maximize the longevity                 that does not individually or                         clinical testing must demonstrate proper
                                            of the device; (5) appropriate analysis                 cumulatively have a significant effect on             environments of use and storage of the
                                            and non-clinical testing (such as that                  the human environment. Therefore,                     device to maximize the longevity of the
                                            outlined in the currently FDA-                          neither an environmental assessment                   device;
                                            recognized editions of ANSI/AAMI                        nor an environmental impact statement                    (5) Appropriate analysis and non-
                                            ES60601–1: ‘‘Medical Electrical                         is required.                                          clinical testing (such as that outlined in
                                            Equipment—Part 1: General                               VII. Paperwork Reduction Act of 1995                  the currently FDA-recognized editions
                                            Requirements for Basic Safety and                                                                             of ANSI/AAMI/ES60601–1, ‘‘Medical
                                            Essential Performance,’’ and ANSI/                        This final order refers to previously               Electrical Equipment—Part 1: General
                                            AAMI/IEC 60601–1–2, ‘‘Medical                           approved collections of information                   Requirements for Basic Safety and
                                            Electrical Equipment—Part 1–2: General                  found in FDA regulations. These                       Essential Performance,’’ and ANSI/
                                            Requirements for Basic Safety and                       collections of information are subject to             AAMI/IEC 60601–1–2, ‘‘Medical
                                            Essential Performance—Collateral                        review by the Office of Management and                Electrical Equipment—Part 1–2: General
                                            Standard: Electromagnetic                               Budget (OMB) under the Paperwork                      Requirements for Basic Safety and
                                            Disturbances—Requirements and                           Reduction Act of 1995 (44 U.S.C. 3501–                Essential Performance—Collateral
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                                            Tests’’) must validate electromagnetic                  3520). The collections of information in              Standard: Electromagnetic
                                            compatibility and electrical safety; (6)                21 CFR part 801, regarding medical                    Disturbances—Requirements and
                                            appropriate analysis and non-clinical                   device labeling, have been approved                   Tests’’) must validate electromagnetic
                                            testing (such as that outlined in the                   under OMB control number 0910–0485                    compatibility and electrical safety;
                                            currently FDA-recognized editions of                    and the collections of information in 21                 (6) Appropriate analysis and non-
                                            ANSI/AAMI/ISO 10993–1, ‘‘Biological                     CFR part 820, regarding the quality                   clinical testing (such as that outlined in


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                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                            72591

                                            the currently FDA-recognized editions                   FOR FURTHER INFORMATION CONTACT:                        Finally, the problems the commenter
                                            of ANSI/AAMI/ISO 10993–1,                               Michael Holly, Passport Services,                     describes are very rare among U.S.
                                            ‘‘Biological Evaluation of Medical                      Bureau of Consular Affairs; 202–485–                  passport holders. The average U.S.
                                            Devices—Part 1: Evaluation and Testing                  6373: PassportRules@state.gov.                        passport holder uses six or fewer visa
                                            Within a Risk Management Process,’’                     SUPPLEMENTARY INFORMATION:                            pages. Ninety-seven percent of all U.S.
                                            ANSI/AAMI/ISO 10993–5, ‘‘Biological                                                                           passport holders will have used 17
                                            Evaluation of Medical Devices—Part 5:                   Background                                            pages or less by the time they renew
                                            Tests for In Vitro Cytotoxicity,’’ and                     On April 29, 2015, the Department of               their passports. Less than one percent of
                                            ANSI/AAMI/ISO 10993–10, ‘‘Biological                    State published a NPRM that proposed                  U.S. passport holders will have used
                                            Evaluation of Medical Devices—Part 10:                  eliminating the visa page insert service              more than 32 pages when they renew
                                            Tests for Irritation and Skin                           for regular fee passport book holders                 their passports. On average, people who
                                            Sensitization’’) must validate that the                 beginning January 1, 2016. See 80 FR                  apply for visa page inserts for a U.S.
                                            skin-contacting components of the                       23754. As explained in the NPRM, the                  passport do so seven years after the
                                            device are biocompatible;                               effective date of this rule coincides with            passport was issued and 17 percent of
                                               (7) Appropriate analysis and non-                    when the Department expects to begin                  these individuals had the smaller
                                            clinical testing (such as that outlined in              issuing an updated version of the Next                passport book to begin with.
                                            the currently FDA-recognized editions                   Generation Passport book. The primary                 Accordingly, while the Department
                                            of IEC 62304, ‘‘Medical Device                          reason for eliminating visa page inserts              certainly understands the commenter’s
                                            Software—Software Life Cycle                            is to protect the integrity of the Next               concerns, it still expects the overall
                                            Processes’’) must validate the software                 Generation Passport books. Further                    impact of this rule on U.S. passport
                                            life cycle and that all processes,                      discussion of the reasons for the rule is             holders to be minimal, and to be
                                            activities, and tasks are implemented                   in the NRPM.                                          outweighed by the security concerns
                                            and documented;                                         Public Comments                                       discussed in the NPRM.
                                               (8) Appropriate analysis and non-
                                            clinical testing must validate that the                    The Department received only one                   Regulatory Findings
                                            device components are found to be non-                  public comment in response to the                       The Regulatory Findings included in
                                            flammable;                                              notice of proposed rulemaking. The                    the NPRM are incorporated herein. See
                                               (9) Appropriate analysis and non-                    following analysis addresses the                      80 FR at 23755.
                                            clinical testing must validate that the                 comment.
                                            battery in the device (if applicable)                      The commenter expressed concern                    List of Subjects in 22 CFR Parts 22 and
                                            performs as intended over the                           that eliminating visa page inserts would              51
                                            anticipated service life of the device;                 be a considerable inconvenience. The                    Consular services, Fees, Passports and
                                            and                                                     commenter wrote that due to the extent                visas.
                                               (10) Adequate patient labeling is                    of his travels, eliminating visa page
                                                                                                                                                            For the reasons stated in the
                                            provided to the user to document proper                 inserts would require him to renew his
                                                                                                                                                          preamble, the Department of State
                                            use and maintenance of the device to                    passport every three or four years, even
                                                                                                                                                          amends 22 CFR parts 22 and 51 as
                                            ensure safe use of the device by the                    if he is issued the larger 52-page
                                                                                                                                                          follows:
                                            patient in the intended use                             passport book. The commenter also
                                            environment.                                            wrote that running out of visa pages in               PART 22—SCHEDULE OF FEES FOR
                                                                                                    his passport would cause some of his                  CONSULAR SERVICES—
                                              Dated: November 16, 2015.                             multi-year visas to expire, requiring him
                                            Leslie Kux,                                                                                                   DEPARTMENT OF STATE AND
                                                                                                    to renew his visas early or possibly                  FOREIGN SERVICE
                                            Associate Commissioner for Policy.                      carry his expired U.S. passport until the
                                            [FR Doc. 2015–29633 Filed 11–19–15; 8:45 am]            visas in it expire.                                   ■ 1. The authority citation for part 22
                                            BILLING CODE 4164–01–P                                     The Department recognizes that                     continues to read as follows:
                                                                                                    eliminating visa page inserts may pose
                                                                                                                                                            Authority: 8 U.S.C 1101 note, 1153 note,
                                                                                                    an inconvenience to a very small                      1183a note, 1351, 1351 note, 1714, 1714 note;
                                            DEPARTMENT OF STATE                                     number of U.S. passport holders whose                 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22
                                                                                                    travel requires the issuance of multiple              U.S.C. 214, 214 note, 1475e, 2504(a), 4201,
                                            22 CFR Parts 22 and 51                                  visas. The Department has a policy in                 4206, 4215, 4219, 6551; 31 U.S.C. 9701;
                                            [Public Notice: 9350]                                   place to permit the issuance of a second              Executive Order 10718, 22 FR 4632;
                                                                                                    regular fee passport to individuals who               Executive Order 11295, 31 FR 10603.
                                            RIN 1400–AD76                                           require their first passport books for
                                                                                                                                                          § 22.1   [Amended]
                                                                                                    travel while their visa applications are
                                            Elimination of Visa Page Insert Service                                                                       ■ 2. The table in § 22.1 is amended by
                                                                                                    pending with foreign governments. (See
                                            for U.S. Passport Book Holders                                                                                removing and reserving item 2c.
                                                                                                    7 FAM 1310 Appendix R c(2) http://
                                            AGENCY:    Department of State.                         www.state.gov/documents/organization/
                                                                                                    94669.pdf).                                           PART 51—PASSPORTS
                                            ACTION:   Final rule.
                                                                                                       The commenter questioned if visa
                                            SUMMARY:   On April 29, 2015, the                                                                             ■ 3. The authority citation for part 51
                                                                                                    page inserts present a genuine security
                                            Department of State published a notice                                                                        continues to read as follows:
                                                                                                    concern. As described in the NPRM, an
                                            of proposed rulemaking (NPRM) that                      interagency working group studied the                   Authority: 8 U.S.C. 1504; 18 U.S.C. 1621;
                                            proposed eliminating the visa page                      issue and determined that the                         22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106–
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                                            insert service for regular fee passport                 elimination of visa page inserts added                113 Div. B, Sec. 1000(a)(7) [Div. A, Title II,
                                            book holders beginning January 1, 2016.                                                                       Sec. 236], 113 Stat. 1536, 1501A–430); 214,
                                                                                                    value to the security features of visa                214a, 217a, 218, 2651a, 2671(d)(3), 2705,
                                            The Department is finalizing the                        page inserts that far outweighed the                  2714, 2721, & 3926; 26 U.S.C. 6039E; 31
                                            proposed rule without change.                           inconvenience caused by the                           U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title
                                            DATES: This rule is effective January 1,                elimination of this service, for which                V of Pub. L. 103–317, 108 Stat. 1760]; E.O.
                                            2016.                                                   there is very limited demand.                         11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966–



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Document Created: 2015-12-14 13:58:48
Document Modified: 2015-12-14 13:58:48
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 November 20, 2015.
ContactJohn Marszalek, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1427, Silver Spring, MD 20993, 301-796-7067.
FR Citation80 FR 72589 
CFR AssociatedMedical Devices and Physical Medicine Devices

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