81_FR_11520 81 FR 11477 - Refurbishing, Reconditioning, Rebuilding, Remarketing, Remanufacturing, and Servicing of Medical Devices Performed by Third-Party Entities and Original Equipment Manufacturers; Request for Comments

81 FR 11477 - Refurbishing, Reconditioning, Rebuilding, Remarketing, Remanufacturing, and Servicing of Medical Devices Performed by Third-Party Entities and Original Equipment Manufacturers; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11477-11479
FR Document2016-04700

The Food and Drug Administration (FDA or we) is announcing the establishment of a docket to receive information and comments on the medical device industry and healthcare community that refurbish, recondition, rebuild, remarket, remanufacture, service, and repair medical devices (hereafter termed ``third-party entity or entities''), including radiation-emitting devices subject to the electronic product radiation control (EPRC) provisions of the Federal Food, Drug, and Cosmetic Act (the FD&C Act). FDA is taking this action, in part, because various stakeholders have expressed concerns about the quality, safety, and continued effectiveness of medical devices that have been subject to one or more of these activities that are performed by both original equipment manufacturers (OEM) and third parties, including health care establishments. We are seeking comments from the widest range of interested persons, including those who are engaged in one or more of the activities noted previously or who utilize refurbished, reconditioned, rebuilt, remarketed, remanufactured, or third-party serviced and repaired medical devices.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11477-11479]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04700]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 820

[Docket No. FDA-2016-N-0436]


Refurbishing, Reconditioning, Rebuilding, Remarketing, 
Remanufacturing, and Servicing of Medical Devices Performed by Third-
Party Entities and Original Equipment Manufacturers; Request for 
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
establishment of a docket to receive information and comments on the 
medical device industry and healthcare community that refurbish, 
recondition, rebuild, remarket, remanufacture, service, and repair 
medical devices (hereafter termed ``third-party entity or entities''), 
including radiation-emitting devices subject to the electronic product 
radiation control (EPRC) provisions of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act). FDA is taking this action, in part, 
because various stakeholders have expressed concerns about the quality, 
safety, and continued effectiveness of medical devices that have been 
subject to one or more of these activities that are performed by both 
original equipment manufacturers (OEM) and third parties, including 
health care establishments. We are seeking comments from the widest 
range of interested persons, including those who are engaged in one or 
more of the activities noted previously or who utilize refurbished, 
reconditioned, rebuilt, remarketed, remanufactured, or third-party 
serviced and repaired medical devices.

DATES: Submit either electronic or written comments by May 3, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food

[[Page 11478]]

and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 
20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-N-0436 for ``Refurbishing, Reconditioning, Rebuilding, 
Remarketing, Remanufacturing, and Servicing of Medical Devices 
Performed by Third-Party Entities and Original Equipment Manufacturers; 
Request for Comments.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper 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: Valerie Flournoy, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-5495.

SUPPLEMENTARY INFORMATION: 

I. Background

    Over the past 20 years, the Center for Devices and Radiological 
Health has sought to clarify our regulatory requirements and 
expectations, under part 820 (21 CFR part 820), to entities servicing, 
refurbishing, rebuilding, reconditioning, remarketing, and 
remanufacturing medical devices. In addition, FDA medical device 
regulations include requirements that device manufacturers establish 
and maintain instructions and procedures for servicing. However, in the 
Federal Register on December 4, 1998 (63 FR 67076), refurbishers and 
servicers of medical devices were excluded from the requirement to 
comply with the 1997 Quality System Regulation under part 820.
    Moreover, EPRC requirements of the FD&C Act (Pub. L. 90-602, 
amended by Pub. L. 103-80), include provisions specific to 
manufacturers and assemblers of certified x-ray components. Under Sec.  
1020.30(c) (21 CFR 1020.30(c)), manufacturers of diagnostic x-ray 
systems are responsible for providing assembly instructions adequate to 
assure compliance of their components with the applicable performance 
standards when installed properly. Furthermore, under Sec.  1020.30(d), 
assemblers are then required to assemble, install, adjust, and test the 
certified components according to the instructions of their respective 
manufacturers.
    FDA has previously issued guidance on these topics, including an 
Assembler's Guide to Diagnostic X-ray Equipment (Ref. 1) and 
Information Disclosure by Manufacturers to Assemblers for Diagnostic X-
ray Systems (Ref. 2). Under the EPRC provision in 21 CFR 
1040.10(h)(1)(i), manufacturers of laser products are required to 
provide instructions for assembly, operation, and maintenance, 
including warnings and precautions on how to avoid exposure, and 
maintenance schedules to ensure product complies with requirements in 
the standard.
    Stakeholders have expressed concerns that some third-party entities 
who refurbish, recondition, rebuild, remarket, remanufacture, service, 
and repair medical devices may use unqualified personnel to perform 
service, maintenance, refurbishment, and device alterations on their 
equipment and that the work performed may not be adequately documented. 
Possible public health issues arising from these activities include 
ineffective recalls, disabled device safety features, and improper or 
unexpected device operation. OEMs have also requested clarification of 
their responsibilities when their devices have been altered by a third-
party entity. Federal Agencies other than FDA address service and 
maintenance activities as well.
    FDA is interested in comments concerning the service, maintenance, 
refurbishment, and alteration of medical devices, including endoscopes 
(Ref. 3), by third-party entities. In addition, we want to know more 
about the challenges third-party entities face in maintaining or 
restoring devices to their original or current specifications. This 
docket is not intended to address the reprocessing of single-use or 
reusable medical devices.
    FDA intends to hold a public meeting later in 2016 to further 
engage this segment of the device industry and healthcare community. 
The comments submitted to this docket will help inform the content of 
the public meeting.

II. Issues for Consideration

A. Proposed Definitions of Third-Party and OEM Activities

    FDA is asking for assistance in defining the following terms 
specific to this document. These terms, while not an exhaustive list, 
should capture and encompass most of the activities performed on 
medical devices. While we suggest language for each term, we are 
inviting interested persons to suggest revisions and any additional 
terms that may help define third-party and OEM activities including 
additional activities that are not encompassed by the following 
suggested terms and all-encompassing terms that can include some or all 
of the activities discussed in this section II.A.
    1. Recondition: Restores and/or refurbishes a medical device to the 
OEM's original specifications. Under limited circumstances the medical 
device may be restored and/or refurbished to current specifications.
    2. Service: Maintenance or repair of a finished device after 
distribution for purposes of returning it to the safety and performance 
specifications established by the OEM and to meet its original

[[Page 11479]]

intended use. Servicing cannot change the intended use(s) of the device 
from its original purpose(s).
    3. Repair: Return the device or component to original 
specifications including replacing non-working components or parts 
outside of routine or periodic upkeep for the current owner of the 
device.
    4. Refurbish: Restore device to a condition of safety and 
effectiveness that is comparable to when new. This includes 
reconditioning, repair, installation of certain software/hardware 
updates that do not change the intended use of the original device, and 
replacement of worn parts.
    5. Remanufacture: Process, condition, renovate, repackage, restore, 
or any other act done to a finished device that significantly changes 
the finished device's performance, safety specifications, or intended 
use.
    6. Remarket: The act of facilitating the transfer of a previously 
owned device from one party to another by sale, donation, gift, or 
lease.

B. Evaluation of Risk Associated With These Third-Party and OEM 
Activities

    In addition to obtaining comments that define the key terms 
applicable to this issue, FDA believes that a need exists for 
interested persons to comment on the benefits and risks related to the 
previously defined activities. We invite interested persons to comment 
on the following questions:
    1. Who are the different stakeholders involved with the medical 
device activities listed previously? What are their respective roles?
    2. What evidence exists regarding actual problems with the safety 
and/or performance of devices that result from these activities? 
Specific examples should be submitted.
    3. What are the potential risks (patients/users) and failure modes 
(devices) introduced as a result of performing the previously defined 
activities on medical devices? Please speak to issues common to all 
devices as well as specific risks with specific devices.
    4. These activities are performed by OEMs and various third-party 
entities, including hospitals and humanitarian organizations. Are the 
risks different depending on who performs the previously mentioned 
activities?
    5. We are interested in knowing if these activities are more 
difficult or riskier to perform on certain devices versus others. 
Please cite specific examples in your response, along with an 
explanation of the source of this particular complexity.
    6. What information do third-party entities need in order to 
perform these activities in a way that results in safe and effective 
operation of the medical device? Please provide specific examples.
    7. What additional challenges do stakeholders encounter with 
devices that result from these activities?

III. Paperwork Reduction Act of 1995

    This document 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 820 have been approved under 
OMB control number 0910-0073; the collections of information in 21 CFR 
parts 1020 and 1040 have been approved under OMB control number 0910-
0025.

IV. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at http://www.regulations.gov. FDA has 
verified the Web site addresses, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. Guidance for Industry and Food and Drug Administration Staff on 
Assembler's Guide to Diagnostic X-Ray Equipment. Available at http://www.fda.gov/downloads/MedicalDevices/.../UCM257783.pdf.
2. Guidance for Industry and FDA Staff on Information Disclosure by 
Manufacturers to Assemblers for Diagnostic X-ray Systems. Available 
at http://www.fda.gov/downloads/Radiation-EmittingProducts/ElectronicProductRadiationControlProgram/IndustryGuidance/UCM136731.pdf.
3. FDA Executive Summary: Effective Reprocessing of Endoscopes Used 
in Endoscopic Retrograde Cholangiopancreatography (ERCP) Procedures, 
FDA. Available at http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/Gastroenterology-UrologyDevicesPanel/UCM445592.pdf.


    Dated: February 26, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04700 Filed 3-3-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules                                          11477

                                                    the FAA proposes to amend 14 CFR part                   Room 301, Kansas City, Missouri 64106;                remarket, remanufacture, service, and
                                                    39 as follows:                                          telephone: (816) 329–4165; fax: (816) 329–            repair medical devices (hereafter termed
                                                                                                            4090; email: jim.rutherford@faa.gov. Before           ‘‘third-party entity or entities’’),
                                                    PART 39—AIRWORTHINESS                                   using any approved AMOC on any airplane
                                                                                                                                                                  including radiation-emitting devices
                                                    DIRECTIVES                                              to which the AMOC applies, notify your
                                                                                                            appropriate principal inspector (PI) in the           subject to the electronic product
                                                                                                            FAA Flight Standards District Office (FSDO),          radiation control (EPRC) provisions of
                                                    ■ 1. The authority citation for part 39                                                                       the Federal Food, Drug, and Cosmetic
                                                                                                            or lacking a PI, your local FSDO.
                                                    continues to read as follows:                                                                                 Act (the FD&C Act). FDA is taking this
                                                                                                               (2) Airworthy Product: For any requirement
                                                        Authority: 49 U.S.C. 106(g), 40113, 44701.          in this AD to obtain corrective actions from          action, in part, because various
                                                                                                            a manufacturer or other source, use these             stakeholders have expressed concerns
                                                    § 39.13   [Amended]                                     actions if they are FAA-approved. Corrective          about the quality, safety, and continued
                                                    ■ 2. The FAA amends § 39.13 by adding                   actions are considered FAA-approved if they           effectiveness of medical devices that
                                                    the following new AD:                                   are approved by the State of Design Authority
                                                                                                                                                                  have been subject to one or more of
                                                                                                            (or their delegated agent). You are required
                                                    EVECTOR, spol. s.r.o.: Docket No. FAA–                  to assure the product is airworthy before it          these activities that are performed by
                                                       2016–4232; Directorate Identifier 2015–              is returned to service.                               both original equipment manufacturers
                                                       CE–043–AD.                                                                                                 (OEM) and third parties, including
                                                                                                            (h) Related Information                               health care establishments. We are
                                                    (a) Comments Due Date
                                                                                                              Refer to MCAI Civil Aviation Authority AD           seeking comments from the widest
                                                      We must receive comments by April 18,                 CAA–AD–4–099/98, dated December 30,
                                                    2016.                                                                                                         range of interested persons, including
                                                                                                            1998, for related information. You may                those who are engaged in one or more
                                                    (b) Affected ADs                                        examine the MCAI on the Internet at
                                                                                                                                                                  of the activities noted previously or who
                                                                                                            http://www.regulations.gov by searching for
                                                      None.                                                                                                       utilize refurbished, reconditioned,
                                                                                                            and locating Docket No. FAA–2016–4232.
                                                    (c) Applicability                                       For service information related to this AD,           rebuilt, remarketed, remanufactured, or
                                                                                                            contact EVEKTOR, spol. s.r.o, Letecka 1008,           third-party serviced and repaired
                                                       This AD applies to EVECTOR, spol. s.r.o.
                                                    L 13 SEH VIVAT and L 13 SDM VIVAT                       686 04 Kunovice, Czech Republic; phone:               medical devices.
                                                    gliders (type certificate previously held by            +420 572 537 428; email: evektor@evektor.cz;          DATES: Submit either electronic or
                                                    AEROTECHNIK s.r.o.), all serial numbers,                Internet: http://www.evektor.cz/en/sales-and-         written comments by May 3, 2016.
                                                    certificated in any category.                           support. You may review this referenced
                                                                                                            service information at the FAA, Small                 ADDRESSES: You may submit comments
                                                    (d) Subject                                             Airplane Directorate, 901 Locust, Kansas              as follows:
                                                      Air Transport Association of America                  City, Missouri 64106. For information on the
                                                                                                                                                                  Electronic Submissions
                                                    (ATA) Code 27: Flight Controls.                         availability of this material at the FAA, call
                                                                                                            (816) 329–4148.                                         Submit electronic comments in the
                                                    (e) Reason                                                                                                    following way:
                                                                                                              Issued in Kansas City, Missouri, on
                                                       This AD was prompted by mandatory                    February 24, 2016.                                      • Federal eRulemaking Portal: http://
                                                    continuing airworthiness information (MCAI)                                                                   www.regulations.gov. Follow the
                                                                                                            Robert P. Busto,
                                                    originated by an aviation authority of another                                                                instructions for submitting comments.
                                                    country to identify and correct an unsafe               Acting Manager, Small Airplane Directorate,
                                                                                                            Aircraft Certification Service.                       Comments submitted electronically,
                                                    condition on an aviation product. The MCAI
                                                    describes the unsafe condition as lack of               [FR Doc. 2016–04573 Filed 3–3–16; 8:45 am]
                                                                                                                                                                  including attachments, to http://
                                                    distinct color marking of the elevator drive.                                                                 www.regulations.gov will be posted to
                                                                                                            BILLING CODE 4910–13–P
                                                    We are issuing this AD to prevent inadvertent                                                                 the docket unchanged. Because your
                                                    backward installation of the elevator drive,                                                                  comment will be made public, you are
                                                    which could cause significant elevator                                                                        solely responsible for ensuring that your
                                                    deflection changes and lead to loss of control.         DEPARTMENT OF HEALTH AND                              comment does not include any
                                                                                                            HUMAN SERVICES                                        confidential information that you or a
                                                    (f) Actions and Compliance
                                                                                                            Food and Drug Administration                          third party may not wish to be posted,
                                                       Unless already done, do the following
                                                    actions in paragraphs (f)(1) and (f)(2) of this
                                                                                                                                                                  such as medical information, your or
                                                    AD.                                                     21 CFR Part 820                                       anyone else’s Social Security number, or
                                                       (1) Within the next 3 calendar months after                                                                confidential business information, such
                                                    the effective date of this AD, paint the                [Docket No. FDA–2016–N–0436]                          as a manufacturing process. Please note
                                                    elevator drive mechanism using a contrasting                                                                  that if you include your name, contact
                                                    color (such as red) following the procedures            Refurbishing, Reconditioning,                         information, or other information that
                                                    in AEROTECHNIK CZ s.r.o. issued                         Rebuilding, Remarketing,                              identifies you in the body of your
                                                    Mandatory Service Bulletin SEH 13–003a,                 Remanufacturing, and Servicing of                     comments, that information will be
                                                    dated December 15, 1998.                                Medical Devices Performed by Third-                   posted on http://www.regulations.gov.
                                                       (2) As of the effective date of this AD, only        Party Entities and Original Equipment
                                                    install an elevator bellcrank that has been
                                                                                                                                                                    • If you want to submit a comment
                                                                                                            Manufacturers; Request for Comments                   with confidential information that you
                                                    painted as specified in paragraph (f)(1) of this
                                                    AD and that has been properly oriented to               AGENCY:    Food and Drug Administration,              do not wish to be made available to the
                                                    make sure it is not being installed backward.           HHS.                                                  public, submit the comment as a
                                                                                                                  Notification; request for
                                                                                                            ACTION:                                               written/paper submission and in the
                                                    (g) Other FAA AD Provisions
                                                                                                                                                                  manner detailed (see ‘‘Written/Paper
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            comments.
                                                       The following provisions also apply to this                                                                Submissions’’ and ‘‘Instructions’’).
                                                    AD:                                                     SUMMARY:   The Food and Drug
                                                       (1) Alternative Methods of Compliance                Administration (FDA or we) is                         Written/Paper Submissions
                                                    (AMOCs): The Manager, Standards Office,
                                                    FAA, has the authority to approve AMOCs
                                                                                                            announcing the establishment of a                       Submit written/paper submissions as
                                                    for this AD, if requested using the procedures          docket to receive information and                     follows:
                                                    found in 14 CFR 39.19. Send information to              comments on the medical device                          • Mail/Hand delivery/Courier (for
                                                    ATTN: Jim Rutherford, Aerospace Engineer,               industry and healthcare community that                written/paper submissions): Division of
                                                    FAA, Small Airplane Directorate, 901 Locust,            refurbish, recondition, rebuild,                      Dockets Management (HFA–305), Food


                                               VerDate Sep<11>2014   14:02 Mar 03, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\04MRP1.SGM   04MRP1


                                                    11478                     Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules

                                                    and Drug Administration, 5630 Fishers                   heading of this document, into the                    refurbish, recondition, rebuild,
                                                    Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts                 remarket, remanufacture, service, and
                                                       • For written/paper comments                         and/or go to the Division of Dockets                  repair medical devices may use
                                                    submitted to the Division of Dockets                    Management, 5630 Fishers Lane, Rm.                    unqualified personnel to perform
                                                    Management, FDA will post your                          1061, Rockville, MD 20852.                            service, maintenance, refurbishment,
                                                    comment, as well as any attachments,                    FOR FURTHER INFORMATION CONTACT:                      and device alterations on their
                                                    except for information submitted,                       Valerie Flournoy, Center for Devices                  equipment and that the work performed
                                                    marked and identified, as confidential,                 and Radiological Health, Food and Drug                may not be adequately documented.
                                                    if submitted as detailed in                             Administration, 10903 New Hampshire                   Possible public health issues arising
                                                    ‘‘Instructions.’’                                       Ave., Silver Spring, MD 20993–0002,                   from these activities include ineffective
                                                       Instructions: All submissions received               301–796–5495.                                         recalls, disabled device safety features,
                                                    must include the Docket No. FDA–                        SUPPLEMENTARY INFORMATION:                            and improper or unexpected device
                                                    2016–N–0436 for ‘‘Refurbishing,                                                                               operation. OEMs have also requested
                                                    Reconditioning, Rebuilding,                             I. Background                                         clarification of their responsibilities
                                                    Remarketing, Remanufacturing, and                          Over the past 20 years, the Center for             when their devices have been altered by
                                                    Servicing of Medical Devices Performed                  Devices and Radiological Health has                   a third-party entity. Federal Agencies
                                                    by Third-Party Entities and Original                    sought to clarify our regulatory                      other than FDA address service and
                                                    Equipment Manufacturers; Request for                    requirements and expectations, under                  maintenance activities as well.
                                                    Comments.’’ Received comments will be                   part 820 (21 CFR part 820), to entities                  FDA is interested in comments
                                                    placed in the docket and, except for                    servicing, refurbishing, rebuilding,                  concerning the service, maintenance,
                                                    those submitted as ‘‘Confidential                       reconditioning, remarketing, and                      refurbishment, and alteration of medical
                                                    Submissions,’’ publicly viewable at                     remanufacturing medical devices. In                   devices, including endoscopes (Ref. 3),
                                                    http://www.regulations.gov or at the                    addition, FDA medical device                          by third-party entities. In addition, we
                                                    Division of Dockets Management                          regulations include requirements that                 want to know more about the challenges
                                                    between 9 a.m. and 4 p.m., Monday                       device manufacturers establish and                    third-party entities face in maintaining
                                                    through Friday.                                         maintain instructions and procedures                  or restoring devices to their original or
                                                       • Confidential Submissions—To                        for servicing. However, in the Federal                current specifications. This docket is
                                                    submit a comment with confidential                      Register on December 4, 1998 (63 FR                   not intended to address the reprocessing
                                                    information that you do not wish to be                  67076), refurbishers and servicers of                 of single-use or reusable medical
                                                    made publicly available, submit your                    medical devices were excluded from the                devices.
                                                    comments only as a written/paper                        requirement to comply with the 1997                      FDA intends to hold a public meeting
                                                    submission. You should submit two                       Quality System Regulation under part                  later in 2016 to further engage this
                                                    copies total. One copy will include the                 820.                                                  segment of the device industry and
                                                    information you claim to be confidential                   Moreover, EPRC requirements of the                 healthcare community. The comments
                                                    with a heading or cover note that states                FD&C Act (Pub. L. 90–602, amended by                  submitted to this docket will help
                                                    ‘‘THIS DOCUMENT CONTAINS                                Pub. L. 103–80), include provisions                   inform the content of the public
                                                    CONFIDENTIAL INFORMATION.’’ The                         specific to manufacturers and                         meeting.
                                                    Agency will review this copy, including                 assemblers of certified x-ray
                                                    the claimed confidential information, in                components. Under § 1020.30(c) (21                    II. Issues for Consideration
                                                    its consideration of comments. The                      CFR 1020.30(c)), manufacturers of                     A. Proposed Definitions of Third-Party
                                                    second copy, which will have the                        diagnostic x-ray systems are responsible              and OEM Activities
                                                    claimed confidential information                        for providing assembly instructions
                                                    redacted/blacked out, will be available                 adequate to assure compliance of their                   FDA is asking for assistance in
                                                    for public viewing and posted on http://                components with the applicable                        defining the following terms specific to
                                                    www.regulations.gov. Submit both                        performance standards when installed                  this document. These terms, while not
                                                    copies to the Division of Dockets                       properly. Furthermore, under                          an exhaustive list, should capture and
                                                    Management. If you do not wish your                     § 1020.30(d), assemblers are then                     encompass most of the activities
                                                    name and contact information to be                      required to assemble, install, adjust, and            performed on medical devices. While
                                                    made publicly available, you can                        test the certified components according               we suggest language for each term, we
                                                    provide this information on the cover                   to the instructions of their respective               are inviting interested persons to
                                                    sheet and not in the body of your                       manufacturers.                                        suggest revisions and any additional
                                                    comments and you must identify this                        FDA has previously issued guidance                 terms that may help define third-party
                                                    information as ‘‘confidential.’’ Any                    on these topics, including an                         and OEM activities including additional
                                                    information marked as ‘‘confidential’’                  Assembler’s Guide to Diagnostic X-ray                 activities that are not encompassed by
                                                    will not be disclosed except in                         Equipment (Ref. 1) and Information                    the following suggested terms and all-
                                                    accordance with 21 CFR 10.20 and other                  Disclosure by Manufacturers to                        encompassing terms that can include
                                                    applicable disclosure law. For more                     Assemblers for Diagnostic X-ray                       some or all of the activities discussed in
                                                    information about FDA’s posting of                      Systems (Ref. 2). Under the EPRC                      this section II.A.
                                                    comments to public dockets, see 80 FR                   provision in 21 CFR 1040.10(h)(1)(i),                    1. Recondition: Restores and/or
                                                    56469, September 18, 2015, or access                    manufacturers of laser products are                   refurbishes a medical device to the
                                                    the information at: http://www.fda.gov/                 required to provide instructions for                  OEM’s original specifications. Under
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    regulatoryinformation/dockets/                          assembly, operation, and maintenance,                 limited circumstances the medical
                                                    default.htm.                                            including warnings and precautions on                 device may be restored and/or
                                                       Docket: For access to the docket to                  how to avoid exposure, and                            refurbished to current specifications.
                                                    read background documents or the                        maintenance schedules to ensure                          2. Service: Maintenance or repair of a
                                                    electronic and written/paper comments                   product complies with requirements in                 finished device after distribution for
                                                    received, go to http://                                 the standard.                                         purposes of returning it to the safety and
                                                    www.regulations.gov and insert the                         Stakeholders have expressed concerns               performance specifications established
                                                    docket number, found in brackets in the                 that some third-party entities who                    by the OEM and to meet its original


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                                                                              Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules                                          11479

                                                    intended use. Servicing cannot change                     6. What information do third-party                  DEPARTMENT OF JUSTICE
                                                    the intended use(s) of the device from                  entities need in order to perform these
                                                    its original purpose(s).                                activities in a way that results in safe              Drug Enforcement Administration
                                                       3. Repair: Return the device or                      and effective operation of the medical
                                                    component to original specifications                    device? Please provide specific                       21 CFR Part 1308
                                                    including replacing non-working                         examples.                                             [Docket No. DEA–436]
                                                    components or parts outside of routine                    7. What additional challenges do
                                                    or periodic upkeep for the current                      stakeholders encounter with devices                   Schedules of Controlled Substances:
                                                    owner of the device.                                    that result from these activities?                    Placement of 10 Synthetic Cathinones
                                                       4. Refurbish: Restore device to a                                                                          Into Schedule I
                                                    condition of safety and effectiveness                   III. Paperwork Reduction Act of 1995
                                                                                                                                                                  AGENCY: Drug Enforcement
                                                    that is comparable to when new. This                      This document refers to previously                  Administration, Department of Justice.
                                                    includes reconditioning, repair,                        approved collections of information
                                                    installation of certain software/                                                                             ACTION: Notice of proposed rulemaking.
                                                                                                            found in FDA regulations. These
                                                    hardware updates that do not change                     collections of information are subject to             SUMMARY:    The Drug Enforcement
                                                    the intended use of the original device,                review by the Office of Management and                Administration proposes placing 10
                                                    and replacement of worn parts.                          Budget (OMB) under the Paperwork                      synthetic cathinones: 4-methyl-N-
                                                       5. Remanufacture: Process, condition,                Reduction Act of 1995 (44 U.S.C. 3501–                ethylcathinone (4-MEC); 4-methyl-
                                                    renovate, repackage, restore, or any                    3520). The collections of information in              alpha-pyrrolidinopropiophenone (4-
                                                    other act done to a finished device that                21 CFR part 820 have been approved                    MePPP); alpha-
                                                    significantly changes the finished                      under OMB control number 0910–0073;                   pyrrolidinopentiophenone (a-PVP); 1-
                                                    device’s performance, safety                            the collections of information in 21 CFR              (1,3-benzodioxol-5-yl)-2-
                                                    specifications, or intended use.                        parts 1020 and 1040 have been                         (methylamino)butan-1-one (butylone);
                                                       6. Remarket: The act of facilitating the             approved under OMB control number                     2-(methylamino)-1-phenylpentan-1-one
                                                    transfer of a previously owned device                   0910–0025.                                            (pentedrone); 1-(1,3-benzodioxol-5-yl)-
                                                    from one party to another by sale,                                                                            2-(methylamino)pentan-1-one
                                                                                                            IV. References
                                                    donation, gift, or lease.                                                                                     (pentylone); 4-fluoro-N-
                                                    B. Evaluation of Risk Associated With                     The following references are on                     methylcathinone (4-FMC); 3-fluoro-N-
                                                    These Third-Party and OEM Activities                    display in the Division of Dockets                    methylcathinone (3-FMC); 1-
                                                                                                            Management (see ADDRESSES) and are                    (naphthalen-2-yl)-2-(pyrrolidin-1-
                                                       In addition to obtaining comments                    available for viewing by interested                   yl)pentan-1-one (naphyrone); alpha-
                                                    that define the key terms applicable to                 persons between 9 a.m. and 4 p.m.,                    pyrrolidinobutiophenone (a-PBP) and
                                                    this issue, FDA believes that a need                    Monday through Friday; they are also                  their optical, positional, and geometric
                                                    exists for interested persons to comment                available electronically at http://                   isomers, salts and salts of isomers into
                                                    on the benefits and risks related to the                www.regulations.gov. FDA has verified                 schedule I of the Controlled Substances
                                                    previously defined activities. We invite                the Web site addresses, as of the date                Act. This proposed scheduling action is
                                                    interested persons to comment on the                    this document publishes in the Federal                pursuant to the Controlled Substances
                                                    following questions:                                    Register, but Web sites are subject to                Act which requires that such actions be
                                                       1. Who are the different stakeholders                change over time.                                     made on the record after opportunity for
                                                    involved with the medical device                        1. Guidance for Industry and Food and Drug            a hearing through formal rulemaking. If
                                                    activities listed previously? What are                      Administration Staff on Assembler’s               finalized, this action would impose the
                                                    their respective roles?                                     Guide to Diagnostic X-Ray Equipment.              regulatory controls and administrative,
                                                       2. What evidence exists regarding                        Available at http://www.fda.gov/                  civil, and criminal sanctions applicable
                                                    actual problems with the safety and/or                      downloads/MedicalDevices/.../UCM257               to schedule I controlled substances on
                                                    performance of devices that result from                     783.pdf.                                          persons who handle (manufacture,
                                                    these activities? Specific examples                     2. Guidance for Industry and FDA Staff on             distribute, import, export, engage in
                                                    should be submitted.                                        Information Disclosure by Manufacturers           research, conduct instructional
                                                                                                                to Assemblers for Diagnostic X-ray
                                                       3. What are the potential risks                                                                            activities or chemical analysis, or
                                                                                                                Systems. Available at http://
                                                    (patients/users) and failure modes                          www.fda.gov/downloads/Radiation-                  possess), or propose to handle 4-MEC, 4-
                                                    (devices) introduced as a result of                         EmittingProducts/ElectronicProduct                MePPP, a-PVP, butylone, pentedrone,
                                                    performing the previously defined                           RadiationControlProgram/Industry                  pentylone, 4-FMC, 3-FMC, naphyrone,
                                                    activities on medical devices? Please                       Guidance/UCM136731.pdf.                           or a-PBP.
                                                    speak to issues common to all devices                   3. FDA Executive Summary: Effective                   DATES: Interested persons may file
                                                    as well as specific risks with specific                     Reprocessing of Endoscopes Used in                written comments on this proposal in
                                                    devices.                                                    Endoscopic Retrograde                             accordance with 21 CFR 1308.43(g).
                                                       4. These activities are performed by                     Cholangiopancreatography (ERCP)
                                                                                                                Procedures, FDA. Available at http://
                                                                                                                                                                  Comments must be submitted
                                                    OEMs and various third-party entities,                      www.fda.gov/downloads/Advisory                    electronically or postmarked on or
                                                    including hospitals and humanitarian                        Committees/Committees                             before April 4, 2016. Commenters
                                                    organizations. Are the risks different                      MeetingMaterials/MedicalDevices/                  should be aware that the electronic
                                                    depending on who performs the                               MedicalDevicesAdvisoryCommittee/                  Federal Docket Management System
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    previously mentioned activities?                            Gastroenterology-UrologyDevicesPanel/             will not accept comments after 11:59
                                                       5. We are interested in knowing if                       UCM445592.pdf.                                    p.m. Eastern Time on the last day of the
                                                    these activities are more difficult or                                                                        comment period.
                                                    riskier to perform on certain devices                     Dated: February 26, 2016.                              Interested persons, defined at 21 CFR
                                                    versus others. Please cite specific                     Leslie Kux,                                           1300.01 as those ‘‘adversely affected or
                                                    examples in your response, along with                   Associate Commissioner for Policy.                    aggrieved by any rule or proposed rule
                                                    an explanation of the source of this                    [FR Doc. 2016–04700 Filed 3–3–16; 8:45 am]            issuable pursuant to section 201 of the
                                                    particular complexity.                                  BILLING CODE 4164–01–P                                Act (21 U.S.C. 811),’’ may file a request


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Document Created: 2018-02-02 15:05:20
Document Modified: 2018-02-02 15:05:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification; request for comments.
DatesSubmit either electronic or written comments by May 3, 2016.
ContactValerie Flournoy, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-5495.
FR Citation81 FR 11477 

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