81 FR 15728 - Medical Devices; Exemption From Premarket Notification: Method, Metallic Reduction, Glucose (Urinary, Non-Quantitative) Test System in a Reagent Tablet Format

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range		15728-15729
FR Document		2016-06709

The Food and Drug Administration (FDA) is announcing that it has received a petition requesting exemption from the premarket notification requirements for a method, metallic reduction, glucose (urinary, non-quantitative) test system in a reagent tablet format that is intended to measure glucosuria (glucose in urine). Method, metallic reduction, glucose (urinary, non-quantitative) test systems in a reagent tablet format are used in the diagnosis and treatment of carbohydrate metabolism disorders including diabetes mellitus, hypoglycemia, and hyperglycemia. FDA is publishing this notice to obtain comments in accordance with procedures established by the Food and Drug Administration Modernization Act of 1997 (FDAMA).

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)

[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15728-15729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06709]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-P-0159]


Medical Devices; Exemption From Premarket Notification: Method, 
Metallic Reduction, Glucose (Urinary, Non-Quantitative) Test System in 
a Reagent Tablet Format

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that it 
has received a petition requesting exemption from the premarket 
notification requirements for a method, metallic reduction, glucose 
(urinary, non-quantitative) test system in a reagent tablet format that 
is intended to measure glucosuria (glucose in urine). Method, metallic 
reduction, glucose (urinary, non-quantitative) test systems in a 
reagent tablet format are used in the diagnosis and treatment of 
carbohydrate metabolism disorders including diabetes mellitus, 
hypoglycemia, and hyperglycemia. FDA is publishing this notice to 
obtain comments in accordance with procedures established by the Food 
and Drug Administration Modernization Act of 1997 (FDAMA).

DATES: Submit either electronic or written comments by April 25, 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 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-P-0159 for ``Medical Devices; Exemption From Premarket 
Notification: Method, Metallic Reduction, Glucose (Urinary, Non-
Quantitative) Test System in a Reagent Tablet Format.'' 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: Ana Loloei Marsal, Center for Devices 
and Radiological Health (CDRH), Food and

[[Page 15729]]

Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4552, 
Silver Spring, MD 20993-0002, 301-796-8774, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Statutory Background

    Under section 513 of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 360c), FDA must classify devices into one of three 
regulatory classes: Class I, class II, or class III. FDA classification 
of a device is determined by the amount of regulation necessary to 
provide a reasonable assurance of safety and effectiveness. Under the 
Medical Device Amendments of 1976 (1976 amendments) (Pub. L. 94-295), 
as amended by the Safe Medical Devices Act of 1990 (Pub. L. 101-629), 
devices are to be classified into class I (general controls) if there 
is information showing that the general controls of the FD&C Act are 
sufficient to assure safety and effectiveness; into class II (special 
controls) if general controls, by themselves, are insufficient to 
provide reasonable assurance of safety and effectiveness, but there is 
sufficient information to establish special controls to provide such 
assurance; and into class III (premarket approval) if there is 
insufficient information to support classifying a device into class I 
or class II and the device is a life sustaining or life supporting 
device, or is for a use which is of substantial importance in 
preventing impairment of human health or presents a potential 
unreasonable risk of illness or injury.
    Most generic types of devices that were on the market before the 
date of the 1976 amendments (May 28, 1976) (generally referred to as 
preamendments devices) have been classified by FDA under the procedures 
set forth in section 513(c) and (d) of the FD&C Act through the 
issuance of classification regulations into one of these three 
regulatory classes. Devices introduced into interstate commerce for the 
first time on or after May 28, 1976 (generally referred to as 
postamendments devices), are classified through the premarket 
notification process under section 510(k) of the FD&C Act (21 U.S.C. 
360(k)). Section 510(k) of the FD&C Act and the implementing 
regulations, 21 CFR part 807, require persons who intend to market a 
new device to submit a premarket notification (510(k)) containing 
information that allows FDA to determine whether the new device is 
``substantially equivalent'' within the meaning of section 513(i) of 
the FD&C Act to a legally marketed device that does not require 
premarket approval.
    On November 21, 1997, the President signed into law FDAMA (Pub. L. 
105-115). Section 206 of FDAMA, in part, added a new 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 1 day after date of 
publication of the list under section 510(m)(1), FDA may exempt a 
device on its own initiative or upon petition of an interested person 
if FDA determines that a 510(k) is not necessary to provide reasonable 
assurance of 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. Within 120 days of publication of this document, 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 provide reasonable assurance of the safety and 
effectiveness of a class II device. These factors are discussed in the 
guidance the Agency issued on February 19, 1998, entitled ``Procedures 
for Class II Device Exemptions from Premarket Notification, Guidance 
for Industry and CDRH Staff'' (Ref. 1).

III. Proposed Class II Device Exemptions

    FDA has received the following petition requesting an exemption 
from premarket notification for a class II device: Evelyn Mirza, Biorex 
Labs, LLC, 194 E. Wallings Rd., Suite 201, Broadview Heights, OH 44147 
for its method, metallic reduction, glucose (urinary, non-quantitative) 
test system in a reagent tablet format classified under 21 CFR 
862.1340.

IV. Reference

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

1. ``Procedures for Class II Device Exemptions from Premarket 
Notification, Guidance for Industry and CDRH Staff,'' February 1998, 
available at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf.

    Dated: March 17, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-06709 Filed 3-23-16; 8:45 am]
 BILLING CODE 4164-01-P

Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices 15729

Drug Administration, 10903 New Act to a legally marketed device that IV. Reference
Hampshire Ave., Bldg. 66, Rm. 4552, does not require premarket approval. The following reference is on display
Silver Spring, MD 20993–0002, 301– On November 21, 1997, the President in the Division of Dockets Management
796–8774, anahita.loloeimarsal@ signed into law FDAMA (Pub. L. 105– (see ADDRESSES) and is available for
fda.hhs.gov. 115). Section 206 of FDAMA, in part, viewing by interested persons between
added a new section, 510(m), to the 9 a.m. and 4 p.m., Monday through
SUPPLEMENTARY INFORMATION:
FD&C Act. Section 510(m)(1) of the Friday; it is also available electronically
I. Statutory Background FD&C Act requires FDA, within 60 days at http://www.regulations.gov. FDA has
after enactment of FDAMA, to publish verified the Web site address, as of the
Under section 513 of the Federal in the Federal Register a list of each date this document publishes in the
Food, Drug, and Cosmetic Act (the type of class II device that does not Federal Register, but Web sites are
FD&C Act) (21 U.S.C. 360c), FDA must require a report under section 510(k) of subject to change over time.
classify devices into one of three the FD&C Act to provide reasonable
regulatory classes: Class I, class II, or 1. ‘‘Procedures for Class II Device
assurance of safety and effectiveness. Exemptions from Premarket Notification,
class III. FDA classification of a device Section 510(m) of the FD&C Act further Guidance for Industry and CDRH Staff,’’
is determined by the amount of provides that a 510(k) will no longer be February 1998, available at http://
regulation necessary to provide a required for these devices upon the date www.fda.gov/downloads/
reasonable assurance of safety and of publication of the list in the Federal MedicalDevices/
effectiveness. Under the Medical Device Register. FDA published that list in the DeviceRegulationandGuidance/
Amendments of 1976 (1976 Federal Register of January 21, 1998 (63 GuidanceDocuments/UCM080199.pdf.
amendments) (Pub. L. 94–295), as FR 3142). Dated: March 17, 2016.
amended by the Safe Medical Devices Section 510(m)(2) of the FD&C Act Leslie Kux,
Act of 1990 (Pub. L. 101–629), devices provides that 1 day after date of Associate Commissioner for Policy.
are to be classified into class I (general publication of the list under section [FR Doc. 2016–06709 Filed 3–23–16; 8:45 am]
controls) if there is information showing 510(m)(1), FDA may exempt a device on
that the general controls of the FD&C BILLING CODE 4164–01–P
its own initiative or upon petition of an
Act are sufficient to assure safety and interested person if FDA determines
effectiveness; into class II (special that a 510(k) is not necessary to provide DEPARTMENT OF HEALTH AND
controls) if general controls, by reasonable assurance of the safety and HUMAN SERVICES
themselves, are insufficient to provide effectiveness of the device. This section
reasonable assurance of safety and requires FDA to publish in the Federal Food and Drug Administration
effectiveness, but there is sufficient Register a notice of intent to exempt a
information to establish special controls [Docket No. FDA–2012–N–0961]
device, or of the petition, and to provide
to provide such assurance; and into a 30-day comment period. Within 120
class III (premarket approval) if there is Agency Information Collection
days of publication of this document, Activities; Proposed Collection;
insufficient information to support FDA must publish in the Federal
classifying a device into class I or class Submission for Office of Management
Register its final determination and Budget Review; Comment
II and the device is a life sustaining or regarding the exemption of the device
life supporting device, or is for a use Request; Environmental Impact
that was the subject of the notice. If FDA Considerations
which is of substantial importance in fails to respond to a petition under this
preventing impairment of human health section within 180 days of receiving it, AGENCY: Food and Drug Administration,
or presents a potential unreasonable risk the petition shall be deemed granted. HHS.
of illness or injury. ACTION: Notice.
II. Criteria for Exemption
Most generic types of devices that
were on the market before the date of There are a number of factors FDA SUMMARY: The Food and Drug
the 1976 amendments (May 28, 1976) may consider to determine whether a Administration (FDA) is announcing
(generally referred to as preamendments 510(k) is necessary to provide that a proposed collection of
devices) have been classified by FDA reasonable assurance of the safety and information has been submitted to the
under the procedures set forth in section effectiveness of a class II device. These Office of Management and Budget
513(c) and (d) of the FD&C Act through factors are discussed in the guidance the (OMB) for review and clearance under
the issuance of classification regulations Agency issued on February 19, 1998, the Paperwork Reduction Act of 1995
into one of these three regulatory entitled ‘‘Procedures for Class II Device (the PRA).
classes. Devices introduced into Exemptions from Premarket DATES: Fax written comments on the
interstate commerce for the first time on Notification, Guidance for Industry and collection of information by April 25,
or after May 28, 1976 (generally referred CDRH Staff’’ (Ref. 1). 2016.
to as postamendments devices), are ADDRESSES: To ensure that comments on
III. Proposed Class II Device
classified through the premarket the information collection are received,
Exemptions
notification process under section OMB recommends that written
510(k) of the FD&C Act (21 U.S.C. FDA has received the following comments be faxed to the Office of
360(k)). Section 510(k) of the FD&C Act petition requesting an exemption from Information and Regulatory Affairs,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

and the implementing regulations, 21 premarket notification for a class II OMB, Attn: FDA Desk Officer, FAX:
CFR part 807, require persons who device: Evelyn Mirza, Biorex Labs, LLC, 202–395–7285, or emailed to oira_
intend to market a new device to submit 194 E. Wallings Rd., Suite 201, submission@omb.eop.gov. All
a premarket notification (510(k)) Broadview Heights, OH 44147 for its comments should be identified with the
containing information that allows FDA method, metallic reduction, glucose OMB control number 0910–0322. Also
to determine whether the new device is (urinary, non-quantitative) test system include the FDA docket number found
‘‘substantially equivalent’’ within the in a reagent tablet format classified in brackets in the heading of this
meaning of section 513(i) of the FD&C under 21 CFR 862.1340. document.

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Document Created: 2016-03-24 00:57:36
Document Modified: 2016-03-24 00:57:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Submit either electronic or written comments by April 25, 2016.
Contact		Ana Loloei Marsal, Center for Devices and Radiological Health (CDRH), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4552, Silver Spring, MD 20993-0002, 301-796-8774, [email protected]
FR Citation		81 FR 15728

81 FR 15728 - Medical Devices; Exemption From Premarket Notification: Method, Metallic Reduction, Glucose (Urinary, Non-Quantitative) Test System in a Reagent Tablet Format

DEPARTMENT OF HEALTH AND HUMAN SERVICESFood and Drug Administration

Federal Register Volume 81, Issue 57 (March 24, 2016)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration