81_FR_32357 81 FR 32258 - Banned Devices; Proposal To Ban Electrical Stimulation Devices Used To Treat Self-Injurious or Aggressive Behavior; Extension of Comment Period

81 FR 32258 - Banned Devices; Proposal To Ban Electrical Stimulation Devices Used To Treat Self-Injurious or Aggressive Behavior; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 99 (May 23, 2016)

Page Range32258-32259
FR Document2016-12026

The Food and Drug Administration (FDA) is extending the comment period for the proposed rule that appeared in the Federal Register of April 25, 2016. In the proposed rule, FDA requested comments for a ban on electrical stimulation devices (ESDs) used for self-injurious or aggressive behavior (SIB or AB). The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 81 Issue 99 (Monday, May 23, 2016)
[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Proposed Rules]
[Pages 32258-32259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12026]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 882 and 895

[Docket No. FDA-2016-N-1111]


Banned Devices; Proposal To Ban Electrical Stimulation Devices 
Used To Treat Self-Injurious or Aggressive Behavior; Extension of 
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is extending the 
comment period for the proposed rule that appeared in the Federal 
Register of April 25, 2016. In the proposed rule, FDA requested 
comments for a ban on electrical stimulation devices (ESDs) used for 
self-injurious or aggressive behavior (SIB or AB). The Agency is taking 
this action in response to requests for an extension to allow 
interested persons additional time to submit comments.

DATES: FDA is extending the comment period on the proposed rule 
published April 25, 2016 (81 FR 24386). Submit either electronic or 
written comments by July 25, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:

[[Page 32259]]

     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-N-1111 for ``Proposal to Ban Electrical Stimulation Devices 
Used to Treat Self-Injurious or Aggressive Behavior.'' 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: Rebecca Nipper, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002, 301-796-6527.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 25, 2016, 
FDA published a proposed rule with a 30-day comment period to request 
comments on a proposal to ban ESDs used for SIB or AB. Comments on the 
proposed ban will inform FDA's rulemaking.
    The Agency has received requests for a 60-day extension of the 
comment period for the proposed rule. Each request conveyed concern 
that the current 30-day comment period does not allow sufficient time 
to develop a meaningful or thoughtful response to the proposed rule.
    FDA has considered the requests and is extending the comment period 
for the proposed rule for 60 days, until July 25, 2016. The Agency 
believes that a 60-day extension allows adequate time for interested 
persons to submit comments without significantly delaying rulemaking on 
this important issue.

    Dated: May 17, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-12026 Filed 5-20-16; 8:45 am]
BILLING CODE 4164-01-P



                                                  32258                     Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Proposed Rules

                                                  (a) Comments Due Date                                   116, Transport Airplane Directorate, FAA; or          October 7, 2015, for related information. This
                                                    We must receive comments by July 7, 2016.             the European Aviation Safety Agency                   MCAI may be found in the AD docket on the
                                                                                                          (EASA); or Airbus’s EASA Design                       Internet at http://www.regulations.gov by
                                                  (b) Affected ADs                                        Organization Approval (DOA).                          searching for and locating Docket No. FAA–
                                                    None.                                                                                                       2016–6671.
                                                                                                          (j) Follow-On Actions for Crack Findings
                                                                                                                                                                   (2) For service information identified in
                                                  (c) Applicability                                          If any crack is confirmed during the               this AD, contact Airbus SAS, Airworthiness
                                                     This AD applies to Airbus Model A300B4–              inspection required by paragraph (h) of this          Office—EAW, 1 Rond Point Maurice
                                                  203 and A300B4–2C airplanes, certificated in            AD, repair before further flight using a              Bellonte, 31707 Blagnac Cedex, France;
                                                  any category, manufacturer serial numbers               method approved by the Manager,                       telephone +33 5 61 93 36 96; fax +33 5 61
                                                  210, 212, 218, 220, 227, 234, 235, 236, 239,            International Branch, ANM–116, Transport              93 44 51; email account.airworth-eas@
                                                  247, 255, 256, 259, 261, 274, 277, 292, 299,            Airplane Directorate, FAA; or EASA; or                airbus.com; Internet http://www.airbus.com.
                                                  and 302.                                                Airbus’s EASA DOA.                                    You may view this service information at the
                                                                                                          (k) Credit for Previous Actions                       FAA, Transport Airplane Directorate, 1601
                                                  (d) Subject                                                                                                   Lind Avenue SW., Renton, WA. For
                                                    Air Transport Association (ATA) of                       This paragraph provides credit for actions         information on the availability of this
                                                  America Code 54, Nacelles/Pylons.                       required by paragraphs (g), (h), (i), and (j) of      material at the FAA, call 425–227–1221.
                                                                                                          this AD, if those actions were performed
                                                  (e) Reason                                              before the effective date of this AD using the          Issued in Renton, Washington, on May 11,
                                                     This AD was prompted by cracks found on              service information specified in paragraphs           2016.
                                                  pylon side panels (upper section) at rib 8. We          (k)(1) through (k)(4) of this AD.                     Suzanne Masterson,
                                                  are proposing this AD to detect and correct                (1) Airbus Service Bulletin A300–54–0075,          Acting Manager, Transport Airplane
                                                  cracking of the pylon side panels. Such                 dated August 11, 1993, which was                      Directorate, Aircraft Certification Service.
                                                  cracking could result in pylon structural               incorporated by referenced in AD 2010–06–
                                                                                                          04, Amendment 39–16228 (75 FR 11428,                  [FR Doc. 2016–11681 Filed 5–20–16; 8:45 am]
                                                  failure and in-flight loss of an engine.
                                                                                                          March 11, 2010); corrected May 4, 2010 (75            BILLING CODE 4910–13–P
                                                  (f) Compliance                                          FR 23572).
                                                     Comply with this AD within the                          (2) Airbus Service Bulletin A300–54–0075,
                                                  compliance times specified, unless already              Revision 01, dated November 9, 2007, which
                                                  done.                                                   is not incorporated by reference in this AD.          DEPARTMENT OF HEALTH AND
                                                                                                             (3) Airbus Service Bulletin A300–54–0075,          HUMAN SERVICES
                                                  (g) Detailed Inspection of Pylons and                   Revision 02, dated June 26, 2008, which is
                                                  Corrections                                             not incorporated by reference in this AD.             Food and Drug Administration
                                                     At the applicable time specified in Airbus              (4) Airbus Service Bulletin A300–54–0075,
                                                  Service Bulletin A300–54–0075, Revision 04,             Revision 03, dated March 27, 2013, which is           21 CFR Parts 882 and 895
                                                  dated May 26, 2015: Do a detailed inspection            not incorporated by reference in this AD.
                                                  for crack indications of the pylons 1 and 2                                                                   [Docket No. FDA–2016–N–1111]
                                                  side panels (upper section) at rib 8, in                (l) Other FAA AD Provisions
                                                  accordance with the Accomplishment                         The following provisions also apply to this        Banned Devices; Proposal To Ban
                                                  Instructions of Airbus Service Bulletin A300–           AD:                                                   Electrical Stimulation Devices Used To
                                                  54–0075, Revision 04, dated May 26, 2015.                  (1) Alternative Methods of Compliance              Treat Self-Injurious or Aggressive
                                                                                                          (AMOCs): The Manager, International                   Behavior; Extension of Comment
                                                  (h) Crack Confirmation                                  Branch, ANM–116, FAA, has the authority to            Period
                                                    If any crack indication is found during the           approve AMOCs for this AD, if requested
                                                  inspection required by paragraph (g) of this            using the procedures found in 14 CFR 39.19.           AGENCY:   Food and Drug Administration,
                                                  AD: Before further flight, do a high frequency          In accordance with 14 CFR 39.19, send your            HHS.
                                                  eddy current (HFEC) inspection to confirm               request to your principal inspector or local
                                                  the crack, in accordance with the                       Flight Standards District Office, as                        Proposed rule; extension of
                                                                                                                                                                ACTION:
                                                  Accomplishment Instructions of Airbus                   appropriate. If sending information directly          comment period.
                                                  Service Bulletin A300–54–0075, Revision 04,             to the International Branch, send it to ATTN:
                                                  dated May 26, 2015.                                     Dan Rodina, Aerospace Engineer,                       SUMMARY:    The Food and Drug
                                                                                                          International Branch, ANM–116, Transport              Administration (FDA) is extending the
                                                  (i) Follow-On Actions for No Crack/
                                                                                                          Airplane Directorate, FAA, 1601 Lind                  comment period for the proposed rule
                                                  Indication
                                                                                                          Avenue SW., Renton, WA 98057–3356;                    that appeared in the Federal Register of
                                                     If the inspection required by paragraph (g)          telephone 425–227–2125; fax 425–227–1149.             April 25, 2016. In the proposed rule,
                                                  of this AD reveals no crack indication, or if           Information may be emailed to: 9-ANM-116-
                                                  the HFEC inspection specified by paragraph
                                                                                                                                                                FDA requested comments for a ban on
                                                                                                          AMOC-REQUESTS@faa.gov. Before using
                                                  (h) of this AD confirms no crack: Do the                any approved AMOC, notify your appropriate
                                                                                                                                                                electrical stimulation devices (ESDs)
                                                  actions specified in either paragraph (i)(1) or         principal inspector, or lacking a principal           used for self-injurious or aggressive
                                                  (i)(2) of this AD.                                      inspector, the manager of the local flight            behavior (SIB or AB). The Agency is
                                                     (1) Repeat the inspection required by                standards district office/certificate holding         taking this action in response to
                                                  paragraph (g) of this AD at the applicable              district office. The AMOC approval letter             requests for an extension to allow
                                                  time specified in Airbus Service Bulletin               must specifically reference this AD.                  interested persons additional time to
                                                  A300–54–0075, Revision 04, dated May 26,                   (2) Contacting the Manufacturer: For any           submit comments.
                                                  2015.                                                   requirement in this AD to obtain corrective
                                                     (2) At the applicable time specified in              actions from a manufacturer, the action must          DATES: FDA is extending the comment
                                                  Airbus Service Bulletin A300–54–0081,                   be accomplished using a method approved               period on the proposed rule published
                                                  dated August 11, 1993: Modify the pylons, in            by the Manager, International Branch, ANM–            April 25, 2016 (81 FR 24386). Submit
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  accordance with Airbus Service Bulletin                 116, Transport Airplane Directorate, FAA; or          either electronic or written comments
                                                  300–54–0081, dated August 11, 1993.                     the EASA; or Airbus’s EASA DOA. If                    by July 25, 2016.
                                                  Thereafter, repeat the HFEC inspection                  approved by the DOA, the approval must
                                                                                                                                                                ADDRESSES: You may submit comments
                                                  specified in paragraph (h) of this AD at the            include the DOA-authorized signature.
                                                  applicable interval specified in Airbus                                                                       as follows:
                                                  Service Bulletin A300–54–0075, Revision 04,             (m) Related Information
                                                                                                                                                                Electronic Submissions
                                                  dated May 26, 2015, and repair any crack                  (1) Refer to Mandatory Continuing
                                                  before further flight using a method approved           Airworthiness Information (MCAI) EASA                   Submit electronic comments in the
                                                  by the Manager, International Branch, ANM–              Airworthiness Directive 2015–0201, dated              following way:


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                                                                            Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Proposed Rules                                                  32259

                                                    • Federal eRulemaking Portal: http://                 Agency will review this copy, including                 Dated: May 17, 2016.
                                                  www.regulations.gov. Follow the                         the claimed confidential information, in              Leslie Kux,
                                                  instructions for submitting comments.                   its consideration of comments. The                    Associate Commissioner for Policy.
                                                  Comments submitted electronically,                      second copy, which will have the                      [FR Doc. 2016–12026 Filed 5–20–16; 8:45 am]
                                                  including attachments, to http://                       claimed confidential information                      BILLING CODE 4164–01–P
                                                  www.regulations.gov will be posted to                   redacted/blacked out, will be available
                                                  the docket unchanged. Because your                      for public viewing and posted on http://
                                                  comment will be made public, you are                    www.regulations.gov. Submit both
                                                  solely responsible for ensuring that your                                                                     DEPARTMENT OF THE INTERIOR
                                                                                                          copies to the Division of Dockets
                                                  comment does not include any                            Management. If you do not wish your                   Bureau of Ocean Energy Management
                                                  confidential information that you or a                  name and contact information to be
                                                  third party may not wish to be posted,                  made publicly available, you can                      30 CFR Part 550
                                                  such as medical information, your or                    provide this information on the cover
                                                  anyone else’s Social Security number, or                sheet and not in the body of your                     [Docket ID: BOEM–2013–0081]
                                                  confidential business information, such                 comments and you must identify this
                                                  as a manufacturing process. Please note                                                                       RIN 1010–AD82
                                                                                                          information as ‘‘confidential.’’ Any
                                                  that if you include your name, contact                  information marked as ‘‘confidential’’                Air Quality Control, Reporting, and
                                                  information, or other information that                  will not be disclosed except in                       Compliance
                                                  identifies you in the body of your                      accordance with 21 CFR 10.20 and other
                                                  comments, that information will be                      applicable disclosure law. For more                   AGENCY:  Bureau of Ocean Energy
                                                  posted on http://www.regulations.gov.                   information about FDA’s posting of                    Management (BOEM), Interior.
                                                    • If you want to submit a comment                                                                           ACTION: Proposed rule; notice of
                                                                                                          comments to public dockets, see 80 FR
                                                  with confidential information that you                                                                        extension of public comment period.
                                                                                                          56469, September 18, 2015, or access
                                                  do not wish to be made available to the
                                                                                                          the information at: http://www.fda.gov/
                                                  public, submit the comment as a                                                                               SUMMARY:   BOEM is extending the public
                                                                                                          regulatoryinformation/dockets/
                                                  written/paper submission and in the                                                                           comment period to submit comments on
                                                                                                          default.htm.
                                                  manner detailed (see ‘‘Written/Paper                                                                          the proposed rule entitled ‘‘Air Quality
                                                  Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to                Control, Reporting, and Compliance,’’
                                                                                                          read background documents or the                      which was published in the Federal
                                                  Written/Paper Submissions                               electronic and written/paper comments                 Register on April 5, 2016. The original
                                                     Submit written/paper submissions as                  received, go to http://                               public comment period to submit
                                                  follows:                                                www.regulations.gov and insert the                    comments on this rulemaking would
                                                     • Mail/Hand delivery/Courier (for                    docket number, found in brackets in the               have ended on June 6, 2016. However,
                                                  written/paper submissions): Division of                 heading of this document, into the                    BOEM has received public comments
                                                  Dockets Management (HFA–305), Food                      ‘‘Search’’ box and follow the prompts                 requesting an extension of the comment
                                                  and Drug Administration, 5630 Fishers                   and/or go to the Division of Dockets                  period. BOEM has reviewed the
                                                  Lane, Rm. 1061, Rockville, MD 20852.                    Management, 5630 Fishers Lane, Rm.                    extension requests and has determined
                                                     • For written/paper comments                         1061, Rockville, MD 20852.                            that a 14-day comment period extension
                                                  submitted to the Division of Dockets                                                                          to June 20, 2016, is appropriate. The
                                                  Management, FDA will post your                          FOR FURTHER INFORMATION CONTACT:
                                                                                                          Rebecca Nipper, Center for Devices and                proposed rule specified a separate,
                                                  comment, as well as any attachments,                                                                          shorter period to submit comments to
                                                  except for information submitted,                       Radiological Health, Food and Drug
                                                                                                          Administration, 10903 New Hampshire                   the Office of Management and Budget
                                                  marked and identified, as confidential,                                                                       on the information collection (IC)
                                                  if submitted as detailed in                             Ave., Bldg. 66, Rm. 1540, Silver Spring,
                                                                                                          MD 20993–0002, 301–796–6527.                          burden in this rulemaking. That
                                                  ‘‘Instructions.’’                                                                                             comment period ended on May 5, 2016,
                                                     Instructions: All submissions received               SUPPLEMENTARY INFORMATION:     In the                 and will not be extended.
                                                  must include the Docket No. FDA–                        Federal Register of April 25, 2016, FDA
                                                  2016–N–1111 for ‘‘Proposal to Ban                                                                             DATES: The comment period for
                                                                                                          published a proposed rule with a 30-day               comments on the substance of the
                                                  Electrical Stimulation Devices Used to                  comment period to request comments
                                                  Treat Self-Injurious or Aggressive                                                                            proposed rule published on April 5,
                                                                                                          on a proposal to ban ESDs used for SIB                2016 (81 FR 19717), has been extended.
                                                  Behavior.’’ Received comments will be                   or AB. Comments on the proposed ban
                                                  placed in the docket and, except for                                                                          Written comments must be received by
                                                                                                          will inform FDA’s rulemaking.                         the extended due date of June 20, 2016.
                                                  those submitted as ‘‘Confidential
                                                  Submissions,’’ publicly viewable at                        The Agency has received requests for               BOEM may not fully consider comments
                                                  http://www.regulations.gov or at the                    a 60-day extension of the comment                     received after this date.
                                                  Division of Dockets Management                          period for the proposed rule. Each                    ADDRESSES: You may submit comments
                                                  between 9 a.m. and 4 p.m., Monday                       request conveyed concern that the                     identified by the number 1010–AD82,
                                                  through Friday.                                         current 30-day comment period does                    by any of the following methods:
                                                     • Confidential Submissions—To                        not allow sufficient time to develop a                  • Federal rulemaking portal: http://
                                                  submit a comment with confidential                      meaningful or thoughtful response to                  www.regulations.gov. Follow the
                                                  information that you do not wish to be                  the proposed rule.                                    instructions for submitting comments.
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  made publicly available, submit your                       FDA has considered the requests and                  • Mail: Department of the Interior,
                                                  comments only as a written/paper                        is extending the comment period for the               Bureau of Ocean Energy Management,
                                                  submission. You should submit two                       proposed rule for 60 days, until July 25,             Office of Policy, Regulation and
                                                  copies total. One copy will include the                 2016. The Agency believes that a 60-day               Analysis, Attention: Peter Meffert,
                                                  information you claim to be confidential                extension allows adequate time for                    45600 Woodland Road, Sterling,
                                                  with a heading or cover note that states                interested persons to submit comments                 Virginia 20166.
                                                  ‘‘THIS DOCUMENT CONTAINS                                without significantly delaying                          • Hand delivery: Front Desk,
                                                  CONFIDENTIAL INFORMATION.’’ The                         rulemaking on this important issue.                   Department of the Interior, Bureau of


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Document Created: 2018-02-07 15:07:20
Document Modified: 2018-02-07 15:07:20
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
ActionProposed rule; extension of comment period.
DatesFDA is extending the comment period on the proposed rule published April 25, 2016 (81 FR 24386). Submit either electronic or written comments by July 25, 2016.
ContactRebecca Nipper, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002, 301-796-6527.
FR Citation81 FR 32258 
CFR Citation21 CFR 882
21 CFR 895

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