81_FR_54257 81 FR 54100 - Premarket Notification Submissions for Electrosurgical Devices for General Surgery; Guidance for Industry and Food and Drug Administration Staff; Availability

81 FR 54100 - Premarket Notification Submissions for Electrosurgical Devices for General Surgery; Guidance for Industry and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range54100-54101
FR Document2016-19404

The Food and Drug Administration (FDA or Agency) is announcing the availability of the guidance entitled ``Premarket Notification (510(k)) Submissions for Electrosurgical Devices for General Surgery.'' FDA has developed this guidance document to assist industry in preparing premarket notification (510(k)) submissions for electrosurgical devices intended for use in general surgery.

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54100-54101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19404]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0217]


Premarket Notification Submissions for Electrosurgical Devices 
for General Surgery; Guidance for Industry and Food and Drug 
Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of the guidance entitled ``Premarket Notification 
(510(k)) Submissions for Electrosurgical Devices for General Surgery.'' 
FDA has developed this guidance document to assist industry in 
preparing premarket notification (510(k)) submissions for 
electrosurgical devices intended for use in general surgery.

DATES: Submit either electronic or written comments on this guidance at 
any time. General comments on Agency guidance documents are welcome at 
any time.

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-2014-D-0217 for ``Premarket Notification (510(k)) Submissions for 
Electrosurgical Devices for General Surgery.'' 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.

[[Page 54101]]

     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.
    An electronic copy of the guidance document is available for 
download from the Internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the guidance document entitled 
``Premarket Notification (510(k)) Submissions for Electrosurgical 
Devices for General Surgery'' to the Office of the Center Director, 
Guidance and Policy Development, Center for Devices and Radiological 
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed 
adhesive label to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Jismi Johnson, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 1524, Silver Spring, MD 20993-0002, 301-796-6424.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA has developed this guidance document to assist industry in 
preparing premarket notification (510(k)) submissions for 
electrosurgical devices intended for use in general surgery. These 
devices are designed to cut and/or remove tissue and control bleeding 
through the use of high-frequency electrical current. For the purpose 
of this guidance, electrosurgical devices may also be called 
radiofrequency devices or high-frequency devices. The scope of this 
document is limited to the class II electrosurgical devices and 
accessories classified under 21 CFR 878.4400, Electrosurgical cutting 
and coagulation device and accessories.
    In the Federal Register of March 24, 2014 (79 FR 16008), FDA 
announced the availability of the draft guidance. Interested persons 
were invited to comment by June 23, 2014. A total of six sets of 
comments were received. FDA reviewed and considered all the public 
comments received and revised sections of the guidance, where 
applicable.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on premarket notification (510(k)) submissions 
for electrosurgical devices for general surgery. It does not establish 
any rights for any person and is not binding on FDA or the public. You 
can use an alternative approach if it satisfies the requirements of the 
applicable statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by 
downloading an electronic copy from the Internet. A search capability 
for all Center for Devices and Radiological Health guidance documents 
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance 
documents are also available at http://www.regulations.gov. Persons 
unable to download an electronic copy of ``Premarket Notification 
(510(k)) Submissions for Electrosurgical Devices for General Surgery'' 
may send an email request to [email protected] to receive an 
electronic copy of the document. Please use the document number 1835 to 
identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information. 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 807, subpart E have been approved under OMB control number 
0910-0120; 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 part 801 have been approved under OMB control 
number 0910-0485; and the collections of information in the guidance 
document ``Requests for Feedback on Medical Device Submissions: The 
Pre-Submission Program and Meetings with Food and Drug Administration 
Staff'' have been approved under OMB control number 0910-0756.

    Dated: August 9, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-19404 Filed 8-12-16; 8:45 am]
BILLING CODE 4164-01-P



                                                54100                        Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices

                                                appropriate advisory committee meeting                     Closed Committee Deliberations: On                 DATES:  Submit either electronic or
                                                link, or call the advisory committee                    October 27, 2016, the meeting will be                 written comments on this guidance at
                                                information line to learn about possible                closed from 3:35 p.m. to 4:20 p.m. to                 any time. General comments on Agency
                                                modifications before coming to the                      permit discussion where disclosure                    guidance documents are welcome at any
                                                meeting. For those unable to attend in                  would constitute a clearly unwarranted                time.
                                                person, the meeting will also be                        invasion of personal privacy (5 U.S.C.                ADDRESSES: You may submit comments
                                                available via Web cast. The Web cast                    552b(c)(6)). The committee will discuss               as follows:
                                                will be available at the following link:                reports of intramural research programs
                                                                                                        and make recommendations regarding                    Electronic Submissions
                                                https://collaboration.fda.gov/apac1016/.
                                                                                                        personnel staffing decisions.                           Submit electronic comments in the
                                                SUPPLEMENTARY INFORMATION:      Agenda:                    Persons attending FDA’s advisory                   following way:
                                                On October 27, 2016, the committee will                 committee meetings are advised that the                 • Federal eRulemaking Portal: http://
                                                meet by teleconference. In open session,                Agency is not responsible for providing               www.regulations.gov. Follow the
                                                the committee will hear updates of                      access to electrical outlets.                         instructions for submitting comments.
                                                research programs in the Laboratory of                     FDA welcomes the attendance of the                 Comments submitted electronically,
                                                Immunobiochemistry of the Division of                   public at its advisory committee                      including attachments, to http://
                                                Bacterial, Parasitic and Allergenic                     meetings and will make every effort to                www.regulations.gov will be posted to
                                                Products (DBPAP), Office of Vaccines                    accommodate persons with disabilities.                the docket unchanged. Because your
                                                Research and Review, Center for                         If you require accommodations due to a                comment will be made public, you are
                                                Biologics Evaluation and Research,                      disability, please contact Janie Kim at               solely responsible for ensuring that your
                                                FDA.                                                    least 7 days in advance of the meeting.               comment does not include any
                                                   FDA intends to make background                          FDA is committed to the orderly                    confidential information that you or a
                                                material available to the public no later               conduct of its advisory committee                     third party may not wish to be posted,
                                                than 2 business days before the meeting.                meetings. Please visit our Web site at                such as medical information, your or
                                                If FDA is unable to post the background                 http://www.fda.gov/                                   anyone else’s Social Security number, or
                                                material on its Web site prior to the                   AdvisoryCommittees/                                   confidential business information, such
                                                meeting, the background material will                   AboutAdvisoryCommittees/                              as a manufacturing process. Please note
                                                be made publicly available at the                       ucm111462.htm for procedures on                       that if you include your name, contact
                                                location of the advisory committee                      public conduct during advisory                        information, or other information that
                                                meeting, and the background material                    committee meetings.                                   identifies you in the body of your
                                                will be posted on FDA’s Web site after                     Notice of this meeting is given under              comments, that information will be
                                                the meeting. Background material is                     the Federal Advisory Committee Act (5                 posted on http://www.regulations.gov.
                                                available at http://www.fda.gov/                        U.S.C. app. 2).                                         • If you want to submit a comment
                                                AdvisoryCommittees/Calendar/                              Dated: August 9, 2016.                              with confidential information that you
                                                default.htm. Scroll down to the                         Janice M. Soreth,                                     do not wish to be made available to the
                                                appropriate advisory committee meeting                  Acting Associate Commissioner, Special
                                                                                                                                                              public, submit the comment as a
                                                link.                                                   Medical Programs.                                     written/paper submission and in the
                                                                                                        [FR Doc. 2016–19338 Filed 8–12–16; 8:45 am]
                                                                                                                                                              manner detailed (see ‘‘Written/Paper
                                                   Procedure: On October 27, 2016, from                                                                       Submissions’’ and ‘‘Instructions’’).
                                                1 p.m. to 3:30 p.m., the meeting is open                BILLING CODE 4164–01–P
                                                to the public. Interested persons may                                                                         Written/Paper Submissions
                                                present data, information, or views,                                                                             Submit written/paper submissions as
                                                orally or in writing, on issues pending                 DEPARTMENT OF HEALTH AND
                                                                                                                                                              follows:
                                                before the committee. Written                           HUMAN SERVICES                                           • Mail/Hand delivery/Courier (for
                                                submissions may be made to the contact                                                                        written/paper submissions): Division of
                                                                                                        Food and Drug Administration
                                                person on or before October 13, 2016.                                                                         Dockets Management (HFA–305), Food
                                                Oral presentations from the public will                 [Docket No. FDA–2014–D–0217]                          and Drug Administration, 5630 Fishers
                                                be scheduled between approximately                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                2:30 p.m. and 3:30 p.m. Those                           Premarket Notification Submissions                       • For written/paper comments
                                                individuals interested in making formal                 for Electrosurgical Devices for General               submitted to the Division of Dockets
                                                oral presentations should notify the                    Surgery; Guidance for Industry and                    Management, FDA will post your
                                                contact person and submit a brief                       Food and Drug Administration Staff;                   comment, as well as any attachments,
                                                statement of the general nature of the                  Availability                                          except for information submitted,
                                                evidence or arguments they wish to                      AGENCY:    Food and Drug Administration,              marked and identified, as confidential,
                                                present, the names and addresses of                     HHS.                                                  if submitted as detailed in
                                                proposed participants, and an                           ACTION:   Notice of availability.                     ‘‘Instructions.’’
                                                indication of the approximate time                                                                               Instructions: All submissions received
                                                requested to make their presentation on                 SUMMARY:   The Food and Drug                          must include the Docket No. FDA–
                                                or before October 4, 2016. Time allotted                Administration (FDA or Agency) is                     2014–D–0217 for ‘‘Premarket
                                                for each presentation may be limited. If                announcing the availability of the                    Notification (510(k)) Submissions for
                                                the number of registrants requesting to                 guidance entitled ‘‘Premarket                         Electrosurgical Devices for General
                                                speak is greater than can be reasonably                 Notification (510(k)) Submissions for                 Surgery.’’ Received comments will be
sradovich on DSK3GMQ082PROD with NOTICES




                                                accommodated during the scheduled                       Electrosurgical Devices for General                   placed in the docket and, except for
                                                open public hearing session, FDA may                    Surgery.’’ FDA has developed this                     those submitted as ‘‘Confidential
                                                conduct a lottery to determine the                      guidance document to assist industry in               Submissions,’’ publicly viewable at
                                                speakers for the scheduled open public                  preparing premarket notification                      http://www.regulations.gov or at the
                                                hearing session. The contact person will                (510(k)) submissions for electrosurgical              Division of Dockets Management
                                                notify interested persons regarding their               devices intended for use in general                   between 9 a.m. and 4 p.m., Monday
                                                request to speak by October 5, 2016.                    surgery.                                              through Friday.


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                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                                  54101

                                                   • Confidential Submissions—To                        FOR FURTHER INFORMATION CONTACT:                      document. Please use the document
                                                submit a comment with confidential                      Jismi Johnson, Center for Devices and                 number 1835 to identify the guidance
                                                information that you do not wish to be                  Radiological Health, Food and Drug                    you are requesting.
                                                made publicly available, submit your                    Administration, 10903 New Hampshire
                                                                                                                                                              IV. Paperwork Reduction Act of 1995
                                                comments only as a written/paper                        Ave., Bldg. 66, Rm. 1524, Silver Spring,
                                                submission. You should submit two                       MD 20993–0002, 301–796–6424.                            This guidance refers to previously
                                                copies total. One copy will include the                 SUPPLEMENTARY INFORMATION:                            approved collections of information.
                                                information you claim to be confidential                                                                      These collections of information are
                                                                                                        I. Background                                         subject to review by the Office of
                                                with a heading or cover note that states
                                                ‘‘THIS DOCUMENT CONTAINS                                   FDA has developed this guidance                    Management and Budget (OMB) under
                                                CONFIDENTIAL INFORMATION.’’ The                         document to assist industry in preparing              the Paperwork Reduction Act of 1995
                                                Agency will review this copy, including                 premarket notification (510(k))                       (44 U.S.C. 3501–3520). The collections
                                                the claimed confidential information, in                submissions for electrosurgical devices               of information in 21 CFR part 807,
                                                its consideration of comments. The                      intended for use in general surgery.                  subpart E have been approved under
                                                                                                        These devices are designed to cut and/                OMB control number 0910–0120; the
                                                second copy, which will have the
                                                                                                        or remove tissue and control bleeding                 collections of information in 21 CFR
                                                claimed confidential information
                                                                                                        through the use of high-frequency                     part 820 have been approved under
                                                redacted/blacked out, will be available
                                                                                                        electrical current. For the purpose of                OMB control number 0910–0073; the
                                                for public viewing and posted on http://
                                                                                                        this guidance, electrosurgical devices                collections of information in 21 CFR
                                                www.regulations.gov. Submit both
                                                                                                        may also be called radiofrequency                     part 801 have been approved under
                                                copies to the Division of Dockets                                                                             OMB control number 0910–0485; and
                                                Management. If you do not wish your                     devices or high-frequency devices. The
                                                                                                        scope of this document is limited to the              the collections of information in the
                                                name and contact information to be                                                                            guidance document ‘‘Requests for
                                                                                                        class II electrosurgical devices and
                                                made publicly available, you can                                                                              Feedback on Medical Device
                                                                                                        accessories classified under 21 CFR
                                                provide this information on the cover                                                                         Submissions: The Pre-Submission
                                                                                                        878.4400, Electrosurgical cutting and
                                                sheet and not in the body of your                                                                             Program and Meetings with Food and
                                                                                                        coagulation device and accessories.
                                                comments and you must identify this                        In the Federal Register of March 24,               Drug Administration Staff’’ have been
                                                information as ‘‘confidential.’’ Any                    2014 (79 FR 16008), FDA announced the                 approved under OMB control number
                                                information marked as ‘‘confidential’’                  availability of the draft guidance.                   0910–0756.
                                                will not be disclosed except in                         Interested persons were invited to                      Dated: August 9, 2016.
                                                accordance with 21 CFR 10.20 and other                  comment by June 23, 2014. A total of six
                                                applicable disclosure law. For more                                                                           Leslie Kux,
                                                                                                        sets of comments were received. FDA                   Associate Commissioner for Policy.
                                                information about FDA’s posting of                      reviewed and considered all the public
                                                comments to public dockets, see 80 FR                                                                         [FR Doc. 2016–19404 Filed 8–12–16; 8:45 am]
                                                                                                        comments received and revised sections
                                                56469, September 18, 2015, or access                    of the guidance, where applicable.                    BILLING CODE 4164–01–P
                                                the information at: http://www.fda.gov/
                                                regulatoryinformation/dockets/                          II. Significance of Guidance
                                                default.htm.                                               This guidance is being issued                      DEPARTMENT OF HEALTH AND
                                                                                                        consistent with FDA’s good guidance                   HUMAN SERVICES
                                                   Docket: For access to the docket to
                                                read background documents or the                        practices regulation (21 CFR 10.115).                 Food and Drug Administration
                                                electronic and written/paper comments                   The guidance represents the current
                                                                                                        thinking of FDA on premarket                          [Docket No. FDA–2016–N–0001]
                                                received, go to http://
                                                www.regulations.gov and insert the                      notification (510(k)) submissions for
                                                                                                        electrosurgical devices for general                   Request for Nominations on the
                                                docket number, found in brackets in the                                                                       Tobacco Products Scientific Advisory
                                                heading of this document, into the                      surgery. It does not establish any rights
                                                                                                        for any person and is not binding on                  Committee
                                                ‘‘Search’’ box and follow the prompts
                                                and/or go to the Division of Dockets                    FDA or the public. You can use an                     AGENCY:    Food and Drug Administration,
                                                Management, 5630 Fishers Lane, Rm.                      alternative approach if it satisfies the              HHS.
                                                1061, Rockville, MD 20852.                              requirements of the applicable statutes               ACTION:   Notice.
                                                                                                        and regulations.
                                                   An electronic copy of the guidance                                                                         SUMMARY:   The Food and Drug
                                                document is available for download                      III. Electronic Access                                Administration (FDA) is requesting that
                                                from the Internet. See the                                 Persons interested in obtaining a copy             any industry organizations interested in
                                                SUPPLEMENTARY INFORMATION section for                   of the guidance may do so by                          participating in the selection of a
                                                information on electronic access to the                 downloading an electronic copy from                   nonvoting member to represent the
                                                guidance. Submit written requests for a                 the Internet. A search capability for all             interests of tobacco growers to serve on
                                                single hard copy of the guidance                        Center for Devices and Radiological                   the Tobacco Products Scientific
                                                document entitled ‘‘Premarket                           Health guidance documents is available                Advisory Committee for the Center for
                                                Notification (510(k)) Submissions for                   at http://www.fda.gov/MedicalDevices/                 Tobacco Products (CTP), notify FDA in
                                                Electrosurgical Devices for General                     DeviceRegulationandGuidance/                          writing. FDA is also requesting
                                                Surgery’’ to the Office of the Center                   GuidanceDocuments/default.htm.                        nominations for a nonvoting member to
                                                Director, Guidance and Policy                           Guidance documents are also available                 represent the interests of tobacco
sradovich on DSK3GMQ082PROD with NOTICES




                                                Development, Center for Devices and                     at http://www.regulations.gov. Persons                growers to serve on the Tobacco
                                                Radiological Health, Food and Drug                      unable to download an electronic copy                 Products Scientific Advisory
                                                Administration, 10903 New Hampshire                     of ‘‘Premarket Notification (510(k))                  Committee, and an alternate to this
                                                Ave., Bldg. 66, Rm. 5431, Silver Spring,                Submissions for Electrosurgical Devices               representative. A nominee may either be
                                                MD 20993–0002. Send one self-                           for General Surgery’’ may send an email               self-nominated or nominated by an
                                                addressed adhesive label to assist that                 request to CDRH-Guidance@fda.hhs.gov                  organization to serve as a nonvoting
                                                office in processing your request.                      to receive an electronic copy of the                  industry representative. Nominations


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Document Created: 2016-08-13 02:21:45
Document Modified: 2016-08-13 02:21:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesSubmit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.
ContactJismi Johnson, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1524, Silver Spring, MD 20993-0002, 301-796-6424.
FR Citation81 FR 54100 

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