81_FR_71811 81 FR 71610 - Medical Devices; Physical Medicine Devices; Classification of the Upper Extremity Prosthesis Including a Simultaneously Powered Elbow and/or Shoulder With Greater Than Two Simultaneous Powered Degrees of Freedom and Controlled by Non-Implanted Electrical Components

81 FR 71610 - Medical Devices; Physical Medicine Devices; Classification of the Upper Extremity Prosthesis Including a Simultaneously Powered Elbow and/or Shoulder With Greater Than Two Simultaneous Powered Degrees of Freedom and Controlled by Non-Implanted Electrical Components

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range71610-71612
FR Document2016-25001

The Food and Drug Administration (FDA) is classifying the Upper Extremity Prosthesis Including a Simultaneously Powered Elbow and/or Shoulder with Greater Than Two Simultaneous Powered Degrees of Freedom and Controlled by Non-Implanted Electrical Components into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the upper extremity prosthesis including a simultaneously powered elbow and/or shoulder with greater than two simultaneous powered degrees of freedom and controlled by non-implanted electrical components' classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71610-71612]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25001]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 890

[Docket No. FDA-2016-N-2829]


Medical Devices; Physical Medicine Devices; Classification of the 
Upper Extremity Prosthesis Including a Simultaneously Powered Elbow 
and/or Shoulder With Greater Than Two Simultaneous Powered Degrees of 
Freedom and Controlled by Non-Implanted Electrical Components

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA) is classifying the 
Upper Extremity Prosthesis Including a Simultaneously Powered Elbow 
and/or Shoulder with Greater Than Two Simultaneous Powered Degrees of 
Freedom and Controlled by Non-Implanted Electrical Components into 
class II (special controls). The special controls that will apply to 
the device are identified in this order and will be part of the 
codified language for the upper extremity prosthesis including a 
simultaneously powered elbow and/or shoulder with greater than two 
simultaneous powered degrees of freedom and controlled by non-implanted 
electrical components' classification. The Agency is classifying the 
device into class II (special controls) in order to provide a 
reasonable assurance of safety and effectiveness of the device.

DATES: This order is effective October 18, 2016. The classification was 
applicable on May 9, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Hoffmann, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 2640, Silver Spring, MD, 20993-0002, 301-
796-6476, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were 
not in commercial distribution before May 28, 1976 (the date of 
enactment of the Medical Device Amendments of 1976), generally referred 
to as postamendments devices, are classified automatically by statute 
into class III without any FDA rulemaking process. These devices remain 
in class III and require premarket approval, unless and until the 
device is classified or reclassified into class I or II, or FDA issues 
an order finding the device to be substantially equivalent, in 
accordance with section 513(i), to a predicate device that does not 
require premarket approval. The Agency determines whether new devices 
are substantially equivalent to predicate devices by means of premarket 
notification procedures in section 510(k) of the FD&C Act (21 U.S.C. 
360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the 
Food and Drug Administration Safety and Innovation Act (Pub. L. 112-
144), provides two procedures by which a person may request FDA to 
classify a device under the criteria set forth in section 513(a)(1). 
Under the first procedure, the person submits a premarket notification 
under section 510(k) of the FD&C Act for a device that has not 
previously been classified and, within 30 days of receiving an order 
classifying the device into class III under section 513(f)(1), the 
person requests a classification under section 513(f)(2) of the FD&C 
Act. Under the second procedure, rather than first submitting a 
premarket notification under section 510(k) and then a request for 
classification under the first procedure, the person determines that 
there is no legally marketed device upon which to base a determination 
of substantial equivalence and requests a classification under section 
513(f)(2) of the FD&C Act. If the person submits a request to classify 
the device under this second procedure, FDA may decline to undertake 
the classification request if FDA identifies a legally marketed device 
that could provide a reasonable basis for review of substantial 
equivalence with the device or if FDA determines that the device 
submitted is not of ``low-moderate risk'' or that general controls 
would be inadequate to control the risks and special controls to 
mitigate the risks cannot be developed.
    In response to a request to classify a device under either 
procedure provided by section 513(f)(2) of the FD&C Act, FDA shall 
classify the device by written order within 120 days. This 
classification will be the initial classification of the device. In 
accordance with section 513(f)(1) of the FD&C Act, FDA issued an order 
on May 18, 2012, classifying the DEKA Arm System into class III, 
because it was not substantially equivalent to a device that was 
introduced or delivered for introduction into interstate commerce for 
commercial distribution before May 28, 1976, or a device which was 
subsequently reclassified into class I or class II.
    On June 15, 2012, DEKA Integrated Solutions Corporation submitted a 
request for classification of the DEKA Arm System under section 
513(f)(2) of the FD&C Act. In accordance with section 513(f)(2) of the 
FD&C Act, FDA reviewed the request in order to classify the device 
under the criteria for classification set forth in section 513(a)(1). 
FDA classifies devices into class II 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 reasonable assurance of the safety and 
effectiveness of the device for its intended use. After review of the 
information submitted in the request, FDA determined that the device 
can be classified into class II with the establishment of special 
controls. FDA believes these special controls, in addition to general 
controls, will provide reasonable assurance of the safety and 
effectiveness of the device.
    Therefore, on May 9, 2014, FDA issued an order to the requestor 
classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 890.3450.
    Following the effective date of this final classification order, 
any firm submitting a premarket notification (510(k)) for an upper 
extremity prosthesis including a simultaneously powered elbow and/or 
shoulder with greater than two simultaneous powered degrees of freedom 
and controlled by non-implanted electrical components will need to 
comply with the special controls named in this final order. The device 
is assigned the generic name upper extremity prosthesis including a 
simultaneously powered elbow and/or shoulder with greater than two 
simultaneous powered degrees of freedom and controlled by non-implanted 
electrical components, and it is identified as a prescription device 
intended for medical purposes, and intended to replace a partially or 
fully amputated or congenitally absent upper extremity. It uses 
electronic inputs (other than simple, manually controlled electrical 
components such as switches) to provide greater than two independent 
and simultaneously powered degrees of freedom and includes a 
simultaneously

[[Page 71611]]

powered elbow and/or shoulder. Prosthetic arm components that are 
intended to be used as a system with other arm components must include 
all degrees of freedom of the total upper extremity prosthesis system.
    FDA has identified the following risks to health associated 
specifically with this type of device, as well as the mitigation 
measures required to mitigate these risks in table 1.

 Table 1--Upper Extremity Prosthesis Including a Simultaneously Powered Elbow and/or Shoulder With Greater Than
   Two Simultaneous Powered Degrees of Freedom and Controlled by Non-Implanted Electrical Components Risks and
                                               Mitigation Measures
----------------------------------------------------------------------------------------------------------------
                  Identified risk                                        Mitigation measures
----------------------------------------------------------------------------------------------------------------
Unintended Motion.................................  Electronic Input Testing.
                                                    Software Verification, Validation, and Hazards Analysis.
                                                    Wireless Testing.
                                                    Electromagnetic Compatibility (EMC) Testing.
                                                    Non-clinical Performance Testing.
                                                    Water/Particle Ingress Testing.
                                                    Durability Testing.
                                                    Battery Testing.
                                                    Labeling.
Adverse Tissue Reaction...........................  Biocompatibility Assessment.
Battery Failure...................................  Battery Testing.
                                                    Water/Particle Ingress Testing.
                                                    Labeling.
Electromagnetic Incompatibility...................  EMC testing.
                                                    Labeling.
Electrical Safety Issues (e.g., shock)............  Electrical Safety Testing.
                                                    Labeling.
Gripping Malfunction..............................  Non-clinical Performance Testing.
                                                    Software Verification, Validation, and Hazards Analysis.
                                                    Labeling.
High Risk Activities (e.g., driving)..............  Labeling.
Malfunction Due to Environmental Conditions.......  Non-clinical Performance Testing.
                                                    Battery Testing.
                                                    Water/Particle Ingress Testing.
                                                    Wireless Testing.
                                                    EMC Testing.
                                                    Flammability Testing.
                                                    Labeling.
Use Error.........................................  Clinical Studies.
                                                    Human Factors Studies.
                                                    Labeling.
----------------------------------------------------------------------------------------------------------------

    FDA believes that the special controls, in combination with the 
general controls, address these risks to health and provide reasonable 
assurance of the safety and effectiveness.
    An upper extremity prosthesis including a simultaneously powered 
elbow and/or shoulder with greater than two simultaneous powered 
degrees of freedom and controlled by non-implanted electrical 
components is not safe for use except under the supervision of a 
practitioner licensed by law to direct the use of the device. As such, 
the device is a prescription device and must satisfy prescription 
labeling requirements (see 21 CFR 801.109, Prescription devices).
    Section 510(m) of the FD&C Act provides that FDA may exempt a class 
II device from the premarket notification requirements under section 
510(k) of the FD&C Act, if FDA determines that premarket notification 
is not necessary to provide reasonable assurance of the safety and 
effectiveness of the device. For this type of device, FDA has 
determined that premarket notification is necessary to provide 
reasonable assurance of the safety and effectiveness of the device. 
Therefore, this device type is not exempt from premarket notification 
requirements. Persons who intend to market this type of device must 
submit to FDA a premarket notification, prior to marketing the device, 
which contains information about the upper extremity prosthesis 
including a simultaneously powered elbow and/or shoulder with greater 
than two simultaneous powered degrees of freedom and controlled by non-
implanted electrical components they intend to market.

II. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to 
previously approved collections of information found in other FDA 
regulations. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 
part 807, subpart E, regarding premarket notification submissions have 
been approved under OMB control number 0910-0120, and the collections 
of information in 21 CFR part 801, regarding labeling have been 
approved under OMB control number 0910-0485.

List of Subjects in 21 CFR Part 890

    Medical devices.

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

[[Page 71612]]

PART 890--PHYSICAL MEDICINE DEVICES

0
1. The authority citation for part 890 is revised to read as follows:

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

0
2. Add Sec.  890.3450 to subpart D to read as follows:


Sec.  890.3450   Upper extremity prosthesis including a simultaneously 
powered elbow and/or shoulder with greater than two simultaneous 
powered degrees of freedom and controlled by non-implanted electrical 
components.

    (a) Identification. A upper extremity prosthesis including a 
simultaneously powered elbow and/or shoulder with greater than two 
simultaneous powered degrees of freedom and controlled by non-implanted 
electrical components, is a prescription device intended for medical 
purposes, and is intended to replace a partially or fully amputated or 
congenitally absent upper extremity. It uses electronic inputs (other 
than simple, manually controlled electrical components such as 
switches) to provide greater than two independent and simultaneously 
powered degrees of freedom and includes a simultaneously powered elbow 
and/or shoulder. Prosthetic arm components that are intended to be used 
as a system with other arm components must include all degrees of 
freedom of the total upper extremity prosthesis system.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) Appropriate analysis/testing must validate electronic 
compatibility, electrical safety, thermal safety, mechanical safety, 
battery performance and safety, and wireless performance, if 
applicable.
    (2) Appropriate software verification, validation, and hazard 
analysis must be performed.
    (3) Non-clinical performance data must demonstrate that the device 
performs as intended under anticipated conditions of use. Performance 
testing must include:
    (i) Mechanical bench data, including durability testing, to 
demonstrate that the device will withstand forces, conditions, and 
environments encountered during use.
    (ii) Simulated use testing to demonstrate performance of arm 
commands and available safeguard(s) under worst case conditions and 
after durability testing.
    (iii) Verification and validation of force sensors and hand release 
button, if applicable, are necessary.
    (iv) Device functionality in terms of flame retardant materials, 
liquid/particle ingress prevention, sensor and actuator performance, 
and motor and brake performance.
    (v) The accuracy of the device features and safeguards.
    (4) Non-clinical and clinical performance testing must demonstrate 
the accuracy of device features and safeguards.
    (5) Elements of the device that may contact the patient must be 
demonstrated to be biocompatible.
    (6) Documented clinical experience and human factors testing must 
demonstrate safe and effective use, capture any adverse events observed 
during clinical use and demonstrate the accuracy of device features and 
safeguards.
    (7) Labeling for the Prosthetist and User Guide must include:
    (i) Appropriate instructions, warning, cautions, limitations, and 
information related to the necessary safeguards of the device, 
including warning against activities that may put the user at greater 
risk (e.g., driving).
    (ii) Specific instructions and the clinical training needed for the 
safe use of the device, which includes:
    (A) Instructions on assembling the device in all available 
configurations,
    (B) Instructions on fitting the patient,
    (C) Instructions and explanations of all available programs and how 
to program the device,
    (D) Instructions and explanation of all controls, input, and 
outputs,
    (E) Instructions on all available modes or states of the device,
    (F) Instructions on all safety features of the device, and
    (G) Instructions for maintaining the device.
    (iii) Information on the patient population for which the device 
has been demonstrated to be effective.
    (iv) A detailed summary of the non-clinical and clinical testing 
pertinent to use of the device.

    Dated: October 11, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-25001 Filed 10-17-16; 8:45 am]
 BILLING CODE 4164-01-P



                                           71610            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations

                                           information. Absent that, I will have no basis          commercial distribution before May 28,                FD&C Act, FDA issued an order on May
                                           from which to change the phase-in or move               1976 (the date of enactment of the                    18, 2012, classifying the DEKA Arm
                                           the threshold to something other than $3                Medical Device Amendments of 1976),                   System into class III, because it was not
                                           billion.                                                generally referred to as postamendments               substantially equivalent to a device that
                                           [FR Doc. 2016–25143 Filed 10–17–16; 8:45 am]
                                                                                                   devices, are classified automatically by              was introduced or delivered for
                                           BILLING CODE 6351–01–P
                                                                                                   statute into class III without any FDA                introduction into interstate commerce
                                                                                                   rulemaking process. These devices                     for commercial distribution before May
                                                                                                   remain in class III and require                       28, 1976, or a device which was
                                           DEPARTMENT OF HEALTH AND                                premarket approval, unless and until                  subsequently reclassified into class I or
                                           HUMAN SERVICES                                          the device is classified or reclassified              class II.
                                                                                                   into class I or II, or FDA issues an order               On June 15, 2012, DEKA Integrated
                                           Food and Drug Administration                            finding the device to be substantially                Solutions Corporation submitted a
                                                                                                   equivalent, in accordance with section                request for classification of the DEKA
                                           21 CFR Part 890                                         513(i), to a predicate device that does               Arm System under section 513(f)(2) of
                                           [Docket No. FDA–2016–N–2829]                            not require premarket approval. The                   the FD&C Act. In accordance with
                                                                                                   Agency determines whether new                         section 513(f)(2) of the FD&C Act, FDA
                                           Medical Devices; Physical Medicine                      devices are substantially equivalent to               reviewed the request in order to classify
                                           Devices; Classification of the Upper                    predicate devices by means of                         the device under the criteria for
                                           Extremity Prosthesis Including a                        premarket notification procedures in                  classification set forth in section
                                           Simultaneously Powered Elbow and/or                     section 510(k) of the FD&C Act (21                    513(a)(1). FDA classifies devices into
                                           Shoulder With Greater Than Two                          U.S.C. 360(k)) and part 807 (21 CFR part              class II if general controls by themselves
                                           Simultaneous Powered Degrees of                         807) of the regulations.                              are insufficient to provide reasonable
                                           Freedom and Controlled by Non-                             Section 513(f)(2) of the FD&C Act, as              assurance of safety and effectiveness,
                                           Implanted Electrical Components                         amended by section 607 of the Food and                but there is sufficient information to
                                                                                                   Drug Administration Safety and                        establish special controls to provide
                                           AGENCY:    Food and Drug Administration,                Innovation Act (Pub. L. 112–144),                     reasonable assurance of the safety and
                                           HHS.                                                    provides two procedures by which a                    effectiveness of the device for its
                                           ACTION:   Final order.                                  person may request FDA to classify a                  intended use. After review of the
                                           SUMMARY:    The Food and Drug                           device under the criteria set forth in                information submitted in the request,
                                           Administration (FDA) is classifying the                 section 513(a)(1). Under the first                    FDA determined that the device can be
                                           Upper Extremity Prosthesis Including a                  procedure, the person submits a                       classified into class II with the
                                           Simultaneously Powered Elbow and/or                     premarket notification under section                  establishment of special controls. FDA
                                           Shoulder with Greater Than Two                          510(k) of the FD&C Act for a device that              believes these special controls, in
                                           Simultaneous Powered Degrees of                         has not previously been classified and,               addition to general controls, will
                                           Freedom and Controlled by Non-                          within 30 days of receiving an order                  provide reasonable assurance of the
                                           Implanted Electrical Components into                    classifying the device into class III                 safety and effectiveness of the device.
                                                                                                   under section 513(f)(1), the person                      Therefore, on May 9, 2014, FDA
                                           class II (special controls). The special
                                                                                                   requests a classification under section               issued an order to the requestor
                                           controls that will apply to the device are
                                                                                                   513(f)(2) of the FD&C Act. Under the                  classifying the device into class II. FDA
                                           identified in this order and will be part                                                                     is codifying the classification of the
                                                                                                   second procedure, rather than first
                                           of the codified language for the upper                                                                        device by adding 21 CFR 890.3450.
                                                                                                   submitting a premarket notification
                                           extremity prosthesis including a                                                                                 Following the effective date of this
                                                                                                   under section 510(k) and then a request
                                           simultaneously powered elbow and/or                                                                           final classification order, any firm
                                                                                                   for classification under the first
                                           shoulder with greater than two                                                                                submitting a premarket notification
                                                                                                   procedure, the person determines that
                                           simultaneous powered degrees of                                                                               (510(k)) for an upper extremity
                                                                                                   there is no legally marketed device upon
                                           freedom and controlled by non-                                                                                prosthesis including a simultaneously
                                                                                                   which to base a determination of
                                           implanted electrical components’                                                                              powered elbow and/or shoulder with
                                                                                                   substantial equivalence and requests a
                                           classification. The Agency is classifying               classification under section 513(f)(2) of             greater than two simultaneous powered
                                           the device into class II (special controls)             the FD&C Act. If the person submits a                 degrees of freedom and controlled by
                                           in order to provide a reasonable                        request to classify the device under this             non-implanted electrical components
                                           assurance of safety and effectiveness of                second procedure, FDA may decline to                  will need to comply with the special
                                           the device.                                             undertake the classification request if               controls named in this final order. The
                                           DATES: This order is effective October                  FDA identifies a legally marketed device              device is assigned the generic name
                                           18, 2016. The classification was                        that could provide a reasonable basis for             upper extremity prosthesis including a
                                           applicable on May 9, 2014.                              review of substantial equivalence with                simultaneously powered elbow and/or
                                           FOR FURTHER INFORMATION CONTACT:                        the device or if FDA determines that the              shoulder with greater than two
                                           Michael Hoffmann, Center for Devices                    device submitted is not of ‘‘low-                     simultaneous powered degrees of
                                           and Radiological Health, Food and Drug                  moderate risk’’ or that general controls              freedom and controlled by non-
                                           Administration, 10903 New Hampshire                     would be inadequate to control the risks              implanted electrical components, and it
                                           Ave., Bldg. 66, Rm. 2640, Silver Spring,                and special controls to mitigate the risks            is identified as a prescription device
                                           MD, 20993–0002, 301–796–6476,                           cannot be developed.                                  intended for medical purposes, and
                                           Michael.Hoffmann@fda.hhs.gov.                              In response to a request to classify a             intended to replace a partially or fully
                                           SUPPLEMENTARY INFORMATION:                              device under either procedure provided                amputated or congenitally absent upper
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                                                                                                   by section 513(f)(2) of the FD&C Act,                 extremity. It uses electronic inputs
                                           I. Background                                           FDA shall classify the device by written              (other than simple, manually controlled
                                              In accordance with section 513(f)(1) of              order within 120 days. This                           electrical components such as switches)
                                           the Federal Food, Drug, and Cosmetic                    classification will be the initial                    to provide greater than two independent
                                           Act (the FD&C Act) (21 U.S.C.                           classification of the device. In                      and simultaneously powered degrees of
                                           360c(f)(1)), devices that were not in                   accordance with section 513(f)(1) of the              freedom and includes a simultaneously


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                                                                  Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations                                                        71611

                                           powered elbow and/or shoulder.                                           degrees of freedom of the total upper                       this type of device, as well as the
                                           Prosthetic arm components that are                                       extremity prosthesis system.                                mitigation measures required to mitigate
                                           intended to be used as a system with                                       FDA has identified the following risks                    these risks in table 1.
                                           other arm components must include all                                    to health associated specifically with

                                             TABLE 1—UPPER EXTREMITY PROSTHESIS INCLUDING A SIMULTANEOUSLY POWERED ELBOW AND/OR SHOULDER WITH
                                                GREATER THAN TWO SIMULTANEOUS POWERED DEGREES OF FREEDOM AND CONTROLLED BY NON-IMPLANTED ELEC-
                                                TRICAL COMPONENTS RISKS AND MITIGATION MEASURES

                                                                                Identified risk                                                                              Mitigation measures

                                           Unintended Motion .....................................................................          Electronic Input Testing.
                                                                                                                                            Software Verification, Validation, and Hazards Analysis.
                                                                                                                                            Wireless Testing.
                                                                                                                                            Electromagnetic Compatibility (EMC) Testing.
                                                                                                                                            Non-clinical Performance Testing.
                                                                                                                                            Water/Particle Ingress Testing.
                                                                                                                                            Durability Testing.
                                                                                                                                            Battery Testing.
                                                                                                                                            Labeling.
                                           Adverse Tissue Reaction ...........................................................              Biocompatibility Assessment.
                                           Battery Failure ............................................................................     Battery Testing.
                                                                                                                                            Water/Particle Ingress Testing.
                                                                                                                                            Labeling.
                                           Electromagnetic Incompatibility ..................................................               EMC testing.
                                                                                                                                            Labeling.
                                           Electrical Safety Issues (e.g., shock) .........................................                 Electrical Safety Testing.
                                                                                                                                            Labeling.
                                           Gripping Malfunction ..................................................................          Non-clinical Performance Testing.
                                                                                                                                            Software Verification, Validation, and Hazards Analysis.
                                                                                                                                            Labeling.
                                           High Risk Activities (e.g., driving) ..............................................              Labeling.
                                           Malfunction Due to Environmental Conditions ...........................                          Non-clinical Performance Testing.
                                                                                                                                            Battery Testing.
                                                                                                                                            Water/Particle Ingress Testing.
                                                                                                                                            Wireless Testing.
                                                                                                                                            EMC Testing.
                                                                                                                                            Flammability Testing.
                                                                                                                                            Labeling.
                                           Use Error ....................................................................................   Clinical Studies.
                                                                                                                                            Human Factors Studies.
                                                                                                                                            Labeling.



                                              FDA believes that the special controls,                               determined that premarket notification                      III. Paperwork Reduction Act of 1995
                                           in combination with the general                                          is necessary to provide reasonable
                                           controls, address these risks to health                                  assurance of the safety and effectiveness                     This final order establishes special
                                           and provide reasonable assurance of the                                  of the device. Therefore, this device                       controls that refer to previously
                                           safety and effectiveness.                                                type is not exempt from premarket                           approved collections of information
                                              An upper extremity prosthesis                                         notification requirements. Persons who                      found in other FDA regulations. These
                                           including a simultaneously powered                                       intend to market this type of device                        collections of information are subject to
                                           elbow and/or shoulder with greater than                                  must submit to FDA a premarket                              review by the Office of Management and
                                           two simultaneous powered degrees of                                      notification, prior to marketing the                        Budget (OMB) under the Paperwork
                                           freedom and controlled by non-                                           device, which contains information                          Reduction Act of 1995 (44 U.S.C. 3501–
                                           implanted electrical components is not                                   about the upper extremity prosthesis                        3520). The collections of information in
                                           safe for use except under the                                            including a simultaneously powered                          part 807, subpart E, regarding premarket
                                           supervision of a practitioner licensed by                                elbow and/or shoulder with greater than                     notification submissions have been
                                           law to direct the use of the device. As                                  two simultaneous powered degrees of                         approved under OMB control number
                                           such, the device is a prescription device                                freedom and controlled by non-                              0910–0120, and the collections of
                                           and must satisfy prescription labeling                                   implanted electrical components they                        information in 21 CFR part 801,
                                           requirements (see 21 CFR 801.109,                                        intend to market.                                           regarding labeling have been approved
                                           Prescription devices).                                                   II. Analysis of Environmental Impact                        under OMB control number 0910–0485.
                                              Section 510(m) of the FD&C Act
                                           provides that FDA may exempt a class                                        The Agency has determined under 21                       List of Subjects in 21 CFR Part 890
                                           II device from the premarket notification                                CFR 25.34(b) that this action is of a type                     Medical devices.
Lhorne on DSK30JT082PROD with RULES




                                           requirements under section 510(k) of the                                 that does not individually or
                                           FD&C Act, if FDA determines that                                         cumulatively have a significant effect on                     Therefore, under the Federal Food,
                                           premarket notification is not necessary                                  the human environment. Therefore,                           Drug, and Cosmetic Act and under
                                           to provide reasonable assurance of the                                   neither an environmental assessment                         authority delegated to the Commissioner
                                           safety and effectiveness of the device.                                  nor an environmental impact statement                       of Food and Drugs, 21 CFR part 890 is
                                           For this type of device, FDA has                                         is required.                                                amended as follows:


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                                           71612            Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations

                                           PART 890—PHYSICAL MEDICINE                              particle ingress prevention, sensor and               DEPARTMENT OF HOMELAND
                                           DEVICES                                                 actuator performance, and motor and                   SECURITY
                                                                                                   brake performance.
                                           ■  1. The authority citation for part 890                                                                     Coast Guard
                                           is revised to read as follows:                             (v) The accuracy of the device features
                                                                                                   and safeguards.
                                             Authority: 21 U.S.C. 351, 360, 360c, 360e,                                                                  33 CFR Part 117
                                           360j, 360l, 371.                                           (4) Non-clinical and clinical
                                                                                                                                                         [Docket No. USCG–2016–0610]
                                           ■ 2. Add § 890.3450 to subpart D to read                performance testing must demonstrate
                                           as follows:                                             the accuracy of device features and                   Drawbridge Operation Regulation;
                                                                                                   safeguards.                                           Atlantic Intracoastal Waterway (AIWW),
                                           § 890.3450 Upper extremity prosthesis
                                           including a simultaneously powered elbow                   (5) Elements of the device that may                Wrightsville Beach, NC and Northeast
                                           and/or shoulder with greater than two                   contact the patient must be                           Cape Fear River, Wilmington, NC
                                           simultaneous powered degrees of freedom                 demonstrated to be biocompatible.                     AGENCY: Coast Guard, DHS.
                                           and controlled by non-implanted electrical                 (6) Documented clinical experience
                                           components.                                                                                                   ACTION:Notice of deviation from
                                                                                                   and human factors testing must                        drawbridge regulation.
                                              (a) Identification. A upper extremity
                                                                                                   demonstrate safe and effective use,
                                           prosthesis including a simultaneously                                                                         SUMMARY:   The Coast Guard has issued a
                                                                                                   capture any adverse events observed
                                           powered elbow and/or shoulder with                                                                            temporary deviation from the operating
                                           greater than two simultaneous powered                   during clinical use and demonstrate the
                                                                                                   accuracy of device features and                       schedules that govern the S.R. 74
                                           degrees of freedom and controlled by                                                                          (Wrightsville Beach) Bridge across the
                                           non-implanted electrical components, is                 safeguards.
                                                                                                                                                         Atlantic Intracoastal Waterway (AIWW),
                                           a prescription device intended for                         (7) Labeling for the Prosthetist and               mile 283.1, at Wrightsville Beach, NC
                                           medical purposes, and is intended to                    User Guide must include:                              and the Isabel S. Holmes Bridge across
                                           replace a partially or fully amputated or                  (i) Appropriate instructions, warning,             the Northeast Cape Fear River, mile 1.0,
                                           congenitally absent upper extremity. It                 cautions, limitations, and information                at Wilmington, NC. The deviation is
                                           uses electronic inputs (other than                                                                            necessary to facilitate the 2016 PPD
                                                                                                   related to the necessary safeguards of
                                           simple, manually controlled electrical                                                                        IRONMAN North Carolina
                                                                                                   the device, including warning against
                                           components such as switches) to                                                                               ‘‘Beach2Battleship’’ Triathlon. This
                                           provide greater than two independent                    activities that may put the user at
                                                                                                   greater risk (e.g., driving).                         deviation allows these bridges to remain
                                           and simultaneously powered degrees of
                                                                                                                                                         in their closed-to-navigation position.
                                           freedom and includes a simultaneously                      (ii) Specific instructions and the
                                           powered elbow and/or shoulder.                          clinical training needed for the safe use             DATES: The deviation is effective from
                                           Prosthetic arm components that are                      of the device, which includes:                        6:30 a.m. to 6 p.m. on October 22, 2016.
                                           intended to be used as a system with                                                                          ADDRESSES: The docket for this
                                                                                                      (A) Instructions on assembling the                 deviation, [USCG–2016–0610] is
                                           other arm components must include all
                                                                                                   device in all available configurations,               available at http://www.regulations.gov.
                                           degrees of freedom of the total upper
                                           extremity prosthesis system.                               (B) Instructions on fitting the patient,           Type the docket number in the
                                              (b) Classification. Class II (special                   (C) Instructions and explanations of               ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                           controls). The special controls for this                all available programs and how to                     Click on Open Docket Folder on the line
                                           device are:                                             program the device,                                   associated with this deviation.
                                              (1) Appropriate analysis/testing must                                                                      FOR FURTHER INFORMATION CONTACT: If
                                           validate electronic compatibility,                         (D) Instructions and explanation of all
                                                                                                                                                         you have questions on this temporary
                                           electrical safety, thermal safety,                      controls, input, and outputs,
                                                                                                                                                         deviation, call or email Mr. Michael
                                           mechanical safety, battery performance                     (E) Instructions on all available modes            Thorogood, Bridge Administration
                                           and safety, and wireless performance, if                or states of the device,                              Branch Fifth District, Coast Guard,
                                           applicable.                                                                                                   telephone 757–398–6557, email
                                              (2) Appropriate software verification,                  (F) Instructions on all safety features
                                                                                                   of the device, and                                    Michael.R.Thorogood@uscg.mil.
                                           validation, and hazard analysis must be
                                                                                                                                                         SUPPLEMENTARY INFORMATION: PPD
                                           performed.                                                 (G) Instructions for maintaining the
                                              (3) Non-clinical performance data                    device.                                               Ironman North Carolina, on behalf of
                                           must demonstrate that the device                                                                              the North Carolina Department of
                                                                                                      (iii) Information on the patient                   Transportation, who owns the S.R. 74
                                           performs as intended under anticipated                  population for which the device has
                                           conditions of use. Performance testing                                                                        (Wrightsville Beach) Bridge across the
                                                                                                   been demonstrated to be effective.                    Atlantic Intracoastal Waterway (AIWW),
                                           must include:
                                              (i) Mechanical bench data, including                    (iv) A detailed summary of the non-                mile 283.1, at Wrightsville Beach, NC
                                           durability testing, to demonstrate that                 clinical and clinical testing pertinent to            and the Isabel S. Holmes Bridge across
                                           the device will withstand forces,                       use of the device.                                    the Northeast Cape Fear River, mile 1.0,
                                           conditions, and environments                                                                                  at Wilmington, NC, has requested a
                                                                                                     Dated: October 11, 2016.
                                           encountered during use.                                                                                       temporary deviation from the current
                                              (ii) Simulated use testing to                        Leslie Kux,                                           operating regulations set out in 33 CFR
                                           demonstrate performance of arm                          Associate Commissioner for Policy.                    117.821(a)(4) and 33 CFR 117.829(a),
                                           commands and available safeguard(s)                     [FR Doc. 2016–25001 Filed 10–17–16; 8:45 am]          respectively, to ensure the safety of the
                                           under worst case conditions and after                   BILLING CODE 4164–01–P                                participants and spectators associated
Lhorne on DSK30JT082PROD with RULES




                                           durability testing.                                                                                           with the 2016 PPD IRONMAN North
                                              (iii) Verification and validation of                                                                       Carolina ‘‘Beach2Battleship’’ Triathlon.
                                           force sensors and hand release button, if                                                                        Under this temporary deviation, the
                                           applicable, are necessary.                                                                                    S.R. 74 (Wrightsville Beach) Bridge will
                                              (iv) Device functionality in terms of                                                                      be maintained in the closed-to-
                                           flame retardant materials, liquid/                                                                            navigation position from 6:30 a.m. to 11


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Document Created: 2016-10-17 23:52:41
Document Modified: 2016-10-17 23:52:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order.
DatesThis order is effective October 18, 2016. The classification was applicable on May 9, 2014.
ContactMichael Hoffmann, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2640, Silver Spring, MD, 20993-0002, 301- 796-6476, [email protected]
FR Citation81 FR 71610 

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