82_FR_17911 82 FR 17841 - Medical Devices; Exemptions From Premarket Notification: Class I Devices

82 FR 17841 - Medical Devices; Exemptions From Premarket Notification: Class I Devices

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 70 (April 13, 2017)

Page Range17841-17844
FR Document2017-07468

The Food and Drug Administration (FDA or Agency) has identified a list of class I devices that are now exempt from premarket notification requirements, subject to certain limitations. FDA is publishing this notice of that determination in accordance with procedures established by the 21st Century Cures Act. This notice represents FDA's final determination with respect to the class I devices included in this document. FDA's action will decrease regulatory burdens on the medical device industry and will eliminate private costs and expenditures required to comply with certain Federal regulation.

Federal Register, Volume 82 Issue 70 (Thursday, April 13, 2017)
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17841-17844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07468]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1610]


Medical Devices; Exemptions From Premarket Notification: Class I 
Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has 
identified a list of class I devices that are now exempt from premarket 
notification requirements, subject to certain limitations. FDA is 
publishing this notice of that determination in accordance with 
procedures established by the 21st Century Cures Act. This notice 
represents FDA's final determination with respect to the class I 
devices included in this document. FDA's action will decrease 
regulatory burdens on the medical device industry and will eliminate 
private costs and expenditures required to comply with certain Federal 
regulation.

FOR FURTHER INFORMATION CONTACT: Bryce Bennett, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993, 301-348-1446, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 513 of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 360c), FDA must classify devices into one of three 
regulatory classes: Class I, class II, or class III. FDA classification 
of a device is determined by the amount of regulation necessary to 
provide a reasonable assurance of safety and effectiveness. Under the 
Medical Device Amendments of 1976 (1976 amendments) (Pub. L. 94-295), 
and the Safe Medical Devices Act of 1990 (Pub. L. 101-629), devices are 
classified into class I (general controls) if there is information 
showing that the general controls of the FD&C Act are sufficient to 
assure safety and effectiveness; into class II (special controls), if 
general controls, by themselves, are insufficient to provide reasonable 
assurance of safety and effectiveness, but there is sufficient 
information to establish special controls to provide such assurance; 
and into class III (premarket approval), if there is insufficient 
information to support classifying a device into class I or class II 
and the device is a life sustaining or life supporting device, or is 
for a use which is of substantial importance in preventing impairment 
of human health, or presents a potential unreasonable risk of illness 
or injury.
    Most generic types of devices that were on the market before the 
date of the 1976 amendments (May 28, 1976) (generally referred to as 
preamendments devices) have been classified by FDA under the procedures 
set forth in section

[[Page 17842]]

513(c) and (d) of the FD&C Act through the issuance of classification 
regulations into one of these three regulatory classes. Devices 
introduced into interstate commerce for the first time on or after May 
28, 1976 (generally referred to as postamendments devices), are 
classified through the premarket notification process under section 
510(k) of the FD&C Act (21 U.S.C. 360(k)). Section 510(k) of the FD&C 
Act and the implementing regulations, part 807 of Title 21 of the Code 
of Federal Regulations (CFR), require persons who intend to market a 
new device to submit a premarket notification (510(k)) containing 
information that allows FDA to determine whether the new device is 
``substantially equivalent'' within the meaning of section 513(i) of 
the FD&C Act to a legally marketed device that does not require 
premarket approval.
    The 21st Century Cures Act (Pub. L. 114-255) was signed into law on 
December 13, 2016. Section 3054 of that Act amended section 510(l) of 
the FD&C Act. As amended, section 510(l)(2) of the FD&C Act requires 
FDA to identify through publication in the Federal Register, any type 
of class I device that the Agency determines no longer requires a 
report under section 510(k) of the FD&C Act to provide reasonable 
assurance of safety and effectiveness. FDA is required to publish this 
determination within 120 days of the date of enactment of the 21st 
Century Cures Act and at least once every 5 years thereafter, as FDA 
determines appropriate. Section 510(l)(2) further provides that upon 
the date of publication of the Agency's determination in the Federal 
Register, a 510(k) will no longer be required for these devices and the 
classification regulation applicable to each such type of device shall 
be deemed amended to incorporate such exemption. In a final action, FDA 
intends to amend the codified language for each listed classification 
regulation to reflect the final determination with respect to 510(k) 
exemption. FDA's action will decrease regulatory burdens on the medical 
device industry and will eliminate private costs and expenditures 
required to comply with certain Federal regulation. Specifically, 
regulated industry will no longer have to invest time and resources in 
510(k) submissions for certain class I devices, including preparation 
of documents and data for submission to FDA, payment of user fees 
associated with 510(k) submissions, and responding to questions and 
requests for additional information from FDA during 510(k) review.

II. Criteria for Exemption

    As stated previously, section 3054 of the 21st Century Cures Act 
amended section 510(l) of the FD&C Act. In doing so, the amendments 
reorganized section 510(l) into subsections 510(l)(1) and (2). As such, 
subsection 510(l)(1) provides that a class I device is exempt from the 
premarket notification requirements under section 510(k) of the FD&C 
Act, unless the device is intended for a use which is of substantial 
importance in preventing impairment of human health or it presents a 
potential unreasonable risk of illness or injury (hereafter ``reserved 
criteria''). Based on these reserved criteria, FDA has evaluated all 
class I devices to determine which device types should be exempt from 
premarket notification requirements. In developing the list of exempt 
devices, the Agency considered its experience in reviewing premarket 
notifications for these devices, focusing on the risk inherent with the 
device and the disease being treated or diagnosed (e.g., devices with 
rapidly evolving technology or expansions of intended uses). The Agency 
also considered the history of adverse event reports under the medical 
device reporting program for these devices, as well as their history of 
product recalls. Following these considerations, FDA reached the final 
determination that the devices listed in table 1 do not meet the 
reserved criteria in that they are not intended for a use that is of 
substantial importance in preventing impairment of human health or 
present a potential unreasonable risk of illness or injury.

III. Limitations on Exemptions

    FDA believes that the types of class I devices listed in this 
notice should be exempt from the premarket notification requirements 
found under section 510(k) of the FD&C Act. However, an exemption from 
the requirement of premarket notification does not mean that the device 
is exempt from any other statutory or regulatory requirements, unless 
such exemption is explicitly provided by order or regulation. FDA's 
determination that premarket notification is unnecessary to provide a 
reasonable assurance of safety and effectiveness for devices listed in 
this document is based, in part, on the assurance of safety and 
effectiveness that other regulatory controls, such as current good 
manufacturing practice requirements, provide.
    In addition to being subject to the general limitations to the 
exemptions found in 21 CFR 862.9, 864.9, 866.9, 872.9, 876.9, 878.9, 
880.9, 882.9, 884.9 and 886.9, FDA may also partially limit the 
exemption from premarket notification requirements to specific devices 
within a listed device type. In table 1, for example, FDA lists the 
exemption of the ataxiagraph device as 510(k) exempt, but limits the 
exemption to such devices that do not provide an interpretation or a 
clinical implication of the measurement. All other ataxiagraph devices 
are still subject to premarket notification requirements because FDA 
determined that premarket notification is necessary to provide a 
reasonable assurance of safety and effectiveness for these devices.

IV. List of Class I Devices

    FDA is identifying the following list of class I devices that no 
longer require premarket notification under section 510(k) of the FD&C 
Act, subject to the general limitations to the exemptions:

                        Table 1--Class I Devices
------------------------------------------------------------------------
                                                             Partial
                                             Product        exemption
    21 CFR section         Device type         code      limitation  (if
                                                           applicable)
------------------------------------------------------------------------
862.1410..............  Bathophenanthroli  CFM          ................
                         ne, Colorimetry,
                         Iron (Non-Heme).
862.1410..............  Photometric        JIY          ................
                         Method, Iron
                         (Non-Heme).
862.1410..............  Atomic             JIZ          ................
                         Absorption, Iron
                         (Non-Heme).
862.1410..............  Radio-Labeled      JJA          ................
                         Iron Method,
                         Iron (Non-Heme).
862.1415..............  Ferrozine          JMO          ................
                         (Colorimetric)
                         Iron Binding
                         Capacity.
862.1415..............  Resin, Ion-        JQD          ................
                         Exchange,
                         Thioglycolic
                         Acid,
                         Colorimetry,
                         Iron Binding
                         Capacity.
862.1415..............  Resin, Ion-        JQE          ................
                         Exchange,
                         Ascorbic Acid,
                         Colorimetry,
                         Iron Binding
                         Capacity.
862.1415..............  Bathophenanthroli  JQF          ................
                         ne, Iron Binding
                         Capacity.
862.1415..............  Radiometric,       JQG          ................
                         Fe59, Iron
                         Binding Capacity.

[[Page 17843]]

 
862.1580..............  Phosphomolybdate   CEO          ................
                         (Colorimetric),
                         Inorganic
                         Phosphorus.
862.1660..............  Electrolyte        JJR          ................
                         Controls
                         (Assayed and
                         Unassayed).
862.1660..............  Controls For       JJS          ................
                         Blood-Gases,
                         (Assayed and
                         Unassayed).
862.1660..............  Enzyme Controls    JJT          ................
                         (Assayed and
                         Unassayed).
862.1660..............  Urinalysis         JJW          ................
                         Controls
                         (Assayed and
                         Unassayed).
862.1660..............  Single             JJX          Exemption is
                         (Specified)                     limited to
                         Analyte Controls                controls not
                         (Assayed and                    intended for
                         Unassayed).                     use in donor
                                                         screening
                                                         tests.
862.1660..............  Multi-Analyte      JJY          Exemption is
                         Controls, All                   limited to
                         Kinds (Assayed).                controls not
                                                         intended for
                                                         use in donor
                                                         screening
                                                         tests.
862.1660..............  Tonometer          LCH          ................
                         (Calibration and
                         Q.C. of Blood-
                         Gas
                         Instruments),
                         Clinical.
862.1660..............  Kit, Serological,  MJX          Exemption is
                         Positive Control.               limited to
                                                         controls not
                                                         intended for
                                                         use in donor
                                                         screening
                                                         tests.
862.1660..............  Kit, Serological,  MJY          Exemption is
                         Negative Control.               limited to
                                                         controls not
                                                         intended for
                                                         use in donor
                                                         screening
                                                         tests.
862.1660..............  Kit, Direct        MJZ          Exemption is
                         Antigen,                        limited to
                         Positive Control.               controls not
                                                         intended for
                                                         use in donor
                                                         screening
                                                         tests.
862.1660..............  Kit, Direct        MKA          Exemption is
                         Antigen,                        limited to
                         Negative Control.               controls not
                                                         intended for
                                                         use in donor
                                                         screening
                                                         tests.
862.1775..............  Acid, Uric,        CDH          ................
                         Phosphotungstate
                         Reduction.
862.1775..............  Acid, Uric,        CDO          ................
                         Uricase (U.V.).
862.1775..............  Acid, Uric,        JHA          ................
                         Uricase
                         (Gasometric).
862.1775..............  Acid, Uric,        JHC          ................
                         Uricase (Oxygen
                         Rate).
862.1775..............  Acid, Uric, Acid   LFQ          ................
                         Reduction of
                         Ferric Ion.
862.3050..............  Devices, Breath    DJZ          ................
                         Trapping,
                         Alcohol.
862.3220..............  Spectral Absorb.   JKS          ................
                         Curve,
                         Oxyhemoglobin,
                         Carboxyhemoglobi
                         n, Carbon-
                         Monoxide.
862.3220..............  Gas                JKT          ................
                         Chromatograph,
                         Carbon-Monoxide.
862.3220..............  Enzyme             MKU          ................
                         Immunoassasy,
                         Nocotine and
                         Nicotine
                         Metabolites.
862.3240..............  Cholinesterase     DIG          ................
                         Test Paper.
862.3240..............  Colorimetry,       DIH          ................
                         Cholinesterase.
862.3240..............  Acetylcholine      DLI          ................
                         Chloride,
                         Specific Reagent
                         for Pseudo
                         Cholinesterase.
862.3240..............  Solution, M-       DMR          ................
                         Nitrophenol,
                         Specific Reagent
                         for
                         Cholinesterase.
862.3240..............  Electrometry,      DOH          ................
                         Cholinesterase.
862.3280..............  Heavy Metals       DIE          ................
                         Control
                         Materials.
862.3280..............  Drug Mixture       DIF          ................
                         Control
                         Materials.
862.3280..............  Digitoxin Control  DJK          ................
                         Serum, Ria.
862.3280..............  Alcohol Control    DKC          ................
                         Materials.
862.3280..............  Digoxin Control    DMP          ................
                         Serum, Ria.
862.3280..............  Drug Specific      LAS          ................
                         Control
                         Materials.
862.3280..............  Theophylline       LAW          ................
                         Control
                         Materials.
862.3280..............  Lidocaine Control  LAX          ................
                         Materials.
862.3280..............  Methotrexate       LAY          ................
                         Control
                         Materials.
862.3280..............  N-                 LAZ          ................
                         Acetylprocainami
                         de Control
                         Materials.
862.3280..............  Procainamide       LBA          ................
                         Control
                         Materials.
864.7040..............  ATP Release        JWR          ................
                         (Luminescence).
864.7040..............  Adenine            KHF          ................
                         Nucleotide
                         Quantitation.
866.2900..............  Device, Parasite   LKS          ................
                         Concentration.
872.4565..............  Parallelometer...  EGI          ................
872.4565..............  Syringe,           EIB          ................
                         Irrigating
                         (Dental).
876.5160..............  External Urethral  MNG          ................
                         Occluder,
                         Urinary
                         Incontinence-
                         Control, Female.
878.4014..............  Kit, First Aid,    OVR          ................
                         Talking.
880.5680..............  Pediatric          PRN          ................
                         Position Holder.
880.6250..............  Finger Cot.......  LZB          ................
880.6320..............  Device, Medical    KZF          ................
                         Examination, AC
                         Powered.
880.6320..............  Accessories to     PEQ          ................
                         Examination
                         Light.
880.6375..............  Lubricant,         KMJ          ................
                         Patient.
880.6760..............  Restraint,         BRT          ................
                         Patient,
                         Conductive.
880.6760..............  Restraint,         FMQ          ................
                         Protective.
880.6760..............  Patient Bed with   OYS          ................
                         Canopy/
                         Restraints.
882.1030..............  Ataxiagraph......  GWW          Exemption is
                                                         limited to
                                                         ataxiagraph
                                                         devices not
                                                         intended to
                                                         provide an
                                                         interpretation
                                                         or a clinical
                                                         implication of
                                                         the
                                                         measurement.
882.4060..............  Cannula,           HCD          ................
                         Ventricular.
882.4545..............  Instrument, Shunt  GYK          ................
                         System
                         Implantation.
884.5435..............  Pad, Menstrual,    NUQ          ................
                         Reusable.
884.5435..............  Pad, Interlabial.  NUR          ................

[[Page 17844]]

 
886.4070..............  Engine, Trephine,  HLD          ................
                         Accessories, Gas-
                         powered.
886.4070..............  Burr, Corneal,     HOG          ................
                         Battery-powered.
886.4070..............  Engine, Trephine,  HRF          ................
                         Accessories,
                         Battery-powered.
886.4070..............  Engine, Trephine,  HRG          ................
                         Accessories, AC-
                         powered.
886.4070..............  Burr, Corneal, AC- HQS          ................
                         powered.
------------------------------------------------------------------------


    Dated: April 7, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-07468 Filed 4-12-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                  Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices                                           17841

                                                       • For written/paper comments                         FOR FURTHER INFORMATION CONTACT:                      ACTION:   Notice.
                                                    submitted to the Division of Dockets                      Regarding human food issues: Jason
                                                    Management, FDA will post your                          Dietz, Center for Food Safety and                     SUMMARY:   The Food and Drug
                                                    comment, as well as any attachments,                    Applied Nutrition (HFS–205), Food and                 Administration (FDA or Agency) has
                                                    except for information submitted,                       Drug Administration, 5001 Campus Dr.,                 identified a list of class I devices that
                                                    marked and identified, as confidential,                 College Park, MD 20740, 240–402–2282.                 are now exempt from premarket
                                                    if submitted as detailed in                               Regarding animal food issues:                       notification requirements, subject to
                                                    ‘‘Instructions.’’                                       Kathleen Jones, Center for Veterinary                 certain limitations. FDA is publishing
                                                       Instructions: All submissions received               Medicine (HFV–220), Food and Drug                     this notice of that determination in
                                                    must include the Docket No. FDA 2016–                   Administration, 7519 Standish Pl.,                    accordance with procedures established
                                                    N–4389 for ‘‘Genome Editing in New                      Rockville, MD 20855, 240–402–5938.                    by the 21st Century Cures Act. This
                                                    Plant Varieties Used for Foods.’’                       SUPPLEMENTARY INFORMATION: In the                     notice represents FDA’s final
                                                    Received comments, those filed in a                     Federal Register of January 19, 2017, we              determination with respect to the class
                                                    timely manner (see DATES), will be                      published a notice announcing the                     I devices included in this document.
                                                    placed in the docket and, except for                    establishment of a docket to receive                  FDA’s action will decrease regulatory
                                                    those submitted as ‘‘Confidential                       comments on the use of genome editing                 burdens on the medical device industry
                                                    Submissions,’’ publicly viewable at                     techniques to produce new plant                       and will eliminate private costs and
                                                    https://www.regulations.gov or at the                   varieties that are used for human or                  expenditures required to comply with
                                                    Division of Dockets Management                          animal food. We requested these                       certain Federal regulation.
                                                    between 9 a.m. and 4 p.m., Monday                       comments because we recognize that                    FOR FURTHER INFORMATION CONTACT:
                                                    through Friday.                                         developers of new plant varieties,                    Bryce Bennett, Center for Devices and
                                                       • Confidential Submissions—To                        researchers, and other stakeholders may               Radiological Health, Food and Drug
                                                    submit a comment with confidential                      have valuable factual information and                 Administration, 10903 New Hampshire
                                                    information that you do not wish to be                  data about foods derived from new plant               Ave., Bldg. 66, Rm. 5244, Silver Spring,
                                                    made publicly available, submit your                    varieties produced using genome                       MD 20993, 301–348–1446, email:
                                                    comments only as a written/paper                        editing, which can help inform FDA’s                  Gregory.Bennett@fda.hhs.gov.
                                                    submission. You should submit two                       thinking for these specific products. The             SUPPLEMENTARY INFORMATION:
                                                    copies total. One copy will include the                 notice also discussed the history of                  I. Background
                                                    information you claim to be confidential                FDA’s thinking regarding these
                                                    with a heading or cover note that states                products, our long history of                            Under section 513 of the Federal
                                                    ‘‘THIS DOCUMENT CONTAINS                                consultations with developers,                        Food, Drug, and Cosmetic Act (the
                                                    CONFIDENTIAL INFORMATION.’’ We                          researchers, and other stakeholders, and              FD&C Act) (21 U.S.C. 360c), FDA must
                                                    will review this copy, including the                    specific questions and issues for which               classify devices into one of three
                                                    claimed confidential information, in our                we invited comments. We provided a                    regulatory classes: Class I, class II, or
                                                    consideration of comments. The second                   90-day comment period that was                        class III. FDA classification of a device
                                                    copy, which will have the claimed                       scheduled to end on April 19, 2017.                   is determined by the amount of
                                                    confidential information redacted/                        We have received requests for a 60-                 regulation necessary to provide a
                                                    blacked out, will be available for public               day extension of the comment period.                  reasonable assurance of safety and
                                                    viewing and posted on https://                          The requests conveyed concern that the                effectiveness. Under the Medical Device
                                                    www.regulations.gov. Submit both                        current 90-day comment period does                    Amendments of 1976 (1976
                                                    copies to the Division of Dockets                       not allow sufficient time to develop a                amendments) (Pub. L. 94–295), and the
                                                    Management. If you do not wish your                     meaningful or thoughtful comments to                  Safe Medical Devices Act of 1990 (Pub.
                                                    name and contact information to be                      the questions and issues we presented                 L. 101–629), devices are classified into
                                                    made publicly available, you can                        in the notice.                                        class I (general controls) if there is
                                                    provide this information on the cover                     We have considered the requests and                 information showing that the general
                                                    sheet and not in the body of your                       are extending the comment period for                  controls of the FD&C Act are sufficient
                                                    comments and you must identify this                     60 days, until June 19, 2017. A 60-day                to assure safety and effectiveness; into
                                                    information as ‘‘confidential.’’ Any                    extension allows more time for                        class II (special controls), if general
                                                    information marked as ‘‘confidential’’                  interested persons to submit comments                 controls, by themselves, are insufficient
                                                    will not be disclosed except in                         to the docket on this issue.                          to provide reasonable assurance of
                                                    accordance with 21 CFR 10.20 and other                    Dated: April 7, 2017.                               safety and effectiveness, but there is
                                                    applicable disclosure law. For more                     Anna K. Abram,
                                                                                                                                                                  sufficient information to establish
                                                    information about FDA’s posting of                                                                            special controls to provide such
                                                                                                            Deputy Commissioner for Policy, Planning,
                                                    comments to public dockets, see 80 FR                   Legislation, and Analysis.
                                                                                                                                                                  assurance; and into class III (premarket
                                                    56469, September 18, 2015, or access                                                                          approval), if there is insufficient
                                                                                                            [FR Doc. 2017–07469 Filed 4–12–17; 8:45 am]
                                                    the information at: https://www.gpo.gov/                                                                      information to support classifying a
                                                                                                            BILLING CODE 4164–01–P
                                                    fdsys/pkg/FR-2015-09-18/pdf/2015-                                                                             device into class I or class II and the
                                                    23389.pdf.                                                                                                    device is a life sustaining or life
                                                       Docket: For access to the docket to                                                                        supporting device, or is for a use which
                                                                                                            DEPARTMENT OF HEALTH AND
                                                    read background documents or the                                                                              is of substantial importance in
                                                                                                            HUMAN SERVICES
                                                    electronic and written/paper comments                                                                         preventing impairment of human
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    received, go to https://                                Food and Drug Administration                          health, or presents a potential
                                                    www.regulations.gov and insert the                                                                            unreasonable risk of illness or injury.
                                                    docket number, found in brackets in the                 [Docket No. FDA–2017–N–1610]                             Most generic types of devices that
                                                    heading of this document, into the                                                                            were on the market before the date of
                                                                                                            Medical Devices; Exemptions From
                                                    ‘‘Search’’ box and follow the prompts                                                                         the 1976 amendments (May 28, 1976)
                                                                                                            Premarket Notification: Class I Devices
                                                    and/or go to the Division of Dockets                                                                          (generally referred to as preamendments
                                                    Management, 5630 Fishers Lane, Rm.                      AGENCY:    Food and Drug Administration,              devices) have been classified by FDA
                                                    1061, Rockville, MD 20852.                              HHS.                                                  under the procedures set forth in section


                                               VerDate Sep<11>2014   17:51 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM   13APN1


                                                    17842                              Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices

                                                    513(c) and (d) of the FD&C Act through                       decrease regulatory burdens on the                     that is of substantial importance in
                                                    the issuance of classification regulations                   medical device industry and will                       preventing impairment of human health
                                                    into one of these three regulatory                           eliminate private costs and expenditures               or present a potential unreasonable risk
                                                    classes. Devices introduced into                             required to comply with certain Federal                of illness or injury.
                                                    interstate commerce for the first time on                    regulation. Specifically, regulated
                                                                                                                                                                        III. Limitations on Exemptions
                                                    or after May 28, 1976 (generally referred                    industry will no longer have to invest
                                                    to as postamendments devices), are                           time and resources in 510(k)                              FDA believes that the types of class I
                                                    classified through the premarket                             submissions for certain class I devices,               devices listed in this notice should be
                                                    notification process under section                           including preparation of documents and                 exempt from the premarket notification
                                                    510(k) of the FD&C Act (21 U.S.C.                            data for submission to FDA, payment of                 requirements found under section
                                                    360(k)). Section 510(k) of the FD&C Act                      user fees associated with 510(k)                       510(k) of the FD&C Act. However, an
                                                    and the implementing regulations, part                       submissions, and responding to                         exemption from the requirement of
                                                    807 of Title 21 of the Code of Federal                       questions and requests for additional                  premarket notification does not mean
                                                    Regulations (CFR), require persons who                       information from FDA during 510(k)                     that the device is exempt from any other
                                                    intend to market a new device to submit                      review.                                                statutory or regulatory requirements,
                                                    a premarket notification (510(k))                                                                                   unless such exemption is explicitly
                                                    containing information that allows FDA                       II. Criteria for Exemption                             provided by order or regulation. FDA’s
                                                    to determine whether the new device is                          As stated previously, section 3054 of               determination that premarket
                                                    ‘‘substantially equivalent’’ within the                      the 21st Century Cures Act amended                     notification is unnecessary to provide a
                                                    meaning of section 513(i) of the FD&C                        section 510(l) of the FD&C Act. In doing               reasonable assurance of safety and
                                                    Act to a legally marketed device that                        so, the amendments reorganized section                 effectiveness for devices listed in this
                                                    does not require premarket approval.                         510(l) into subsections 510(l)(1) and (2).             document is based, in part, on the
                                                       The 21st Century Cures Act (Pub. L.                       As such, subsection 510(l)(1) provides                 assurance of safety and effectiveness
                                                    114–255) was signed into law on                              that a class I device is exempt from the               that other regulatory controls, such as
                                                    December 13, 2016. Section 3054 of that                      premarket notification requirements                    current good manufacturing practice
                                                    Act amended section 510(l) of the FD&C                       under section 510(k) of the FD&C Act,                  requirements, provide.
                                                    Act. As amended, section 510(l)(2) of                        unless the device is intended for a use                   In addition to being subject to the
                                                    the FD&C Act requires FDA to identify                        which is of substantial importance in                  general limitations to the exemptions
                                                    through publication in the Federal                           preventing impairment of human health                  found in 21 CFR 862.9, 864.9, 866.9,
                                                    Register, any type of class I device that                    or it presents a potential unreasonable                872.9, 876.9, 878.9, 880.9, 882.9, 884.9
                                                    the Agency determines no longer                              risk of illness or injury (hereafter                   and 886.9, FDA may also partially limit
                                                    requires a report under section 510(k) of                    ‘‘reserved criteria’’). Based on these                 the exemption from premarket
                                                    the FD&C Act to provide reasonable                           reserved criteria, FDA has evaluated all               notification requirements to specific
                                                    assurance of safety and effectiveness.                       class I devices to determine which                     devices within a listed device type. In
                                                    FDA is required to publish this                              device types should be exempt from                     table 1, for example, FDA lists the
                                                    determination within 120 days of the                         premarket notification requirements. In                exemption of the ataxiagraph device as
                                                    date of enactment of the 21st Century                        developing the list of exempt devices,                 510(k) exempt, but limits the exemption
                                                    Cures Act and at least once every 5                          the Agency considered its experience in                to such devices that do not provide an
                                                    years thereafter, as FDA determines                          reviewing premarket notifications for                  interpretation or a clinical implication
                                                    appropriate. Section 510(l)(2) further                       these devices, focusing on the risk                    of the measurement. All other
                                                    provides that upon the date of                               inherent with the device and the disease               ataxiagraph devices are still subject to
                                                    publication of the Agency’s                                  being treated or diagnosed (e.g., devices              premarket notification requirements
                                                    determination in the Federal Register, a                     with rapidly evolving technology or                    because FDA determined that premarket
                                                    510(k) will no longer be required for                        expansions of intended uses). The                      notification is necessary to provide a
                                                    these devices and the classification                         Agency also considered the history of                  reasonable assurance of safety and
                                                    regulation applicable to each such type                      adverse event reports under the medical                effectiveness for these devices.
                                                    of device shall be deemed amended to                         device reporting program for these
                                                    incorporate such exemption. In a final                       devices, as well as their history of                   IV. List of Class I Devices
                                                    action, FDA intends to amend the                             product recalls. Following these                         FDA is identifying the following list
                                                    codified language for each listed                            considerations, FDA reached the final                  of class I devices that no longer require
                                                    classification regulation to reflect the                     determination that the devices listed in               premarket notification under section
                                                    final determination with respect to                          table 1 do not meet the reserved criteria              510(k) of the FD&C Act, subject to the
                                                    510(k) exemption. FDA’s action will                          in that they are not intended for a use                general limitations to the exemptions:

                                                                                                                          TABLE 1—CLASS I DEVICES
                                                                                                                                                    Product                  Partial exemption limitation
                                                     21 CFR section                                       Device type                                code                            (if applicable)

                                                    862.1410    ...........   Bathophenanthroline, Colorimetry, Iron (Non-Heme) ......             CFM
                                                    862.1410    ...........   Photometric Method, Iron (Non-Heme) ............................     JIY
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    862.1410    ...........   Atomic Absorption, Iron (Non-Heme) ...............................   JIZ
                                                    862.1410    ...........   Radio-Labeled Iron Method, Iron (Non-Heme) ................          JJA
                                                    862.1415    ...........   Ferrozine (Colorimetric) Iron Binding Capacity ................      JMO
                                                    862.1415    ...........   Resin, Ion-Exchange, Thioglycolic Acid, Colorimetry,                 JQD
                                                                                Iron Binding Capacity.
                                                    862.1415 ...........      Resin, Ion-Exchange, Ascorbic Acid, Colorimetry, Iron                JQE
                                                                                Binding Capacity.
                                                    862.1415 ...........      Bathophenanthroline, Iron Binding Capacity ...................       JQF
                                                    862.1415 ...........      Radiometric, Fe59, Iron Binding Capacity .......................     JQG



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                                                                                         Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices                                                               17843

                                                                                                                        TABLE 1—CLASS I DEVICES—Continued
                                                                                                                                                                    Product                  Partial exemption limitation
                                                     21 CFR section                                           Device type                                            code                            (if applicable)

                                                    862.1580    ...........   Phosphomolybdate (Colorimetric), Inorganic Phosphorus                                 CEO
                                                    862.1660    ...........   Electrolyte Controls (Assayed and Unassayed) ..............                           JJR
                                                    862.1660    ...........   Controls For Blood-Gases, (Assayed and Unassayed) ...                                 JJS
                                                    862.1660    ...........   Enzyme Controls (Assayed and Unassayed) ..................                            JJT
                                                    862.1660    ...........   Urinalysis Controls (Assayed and Unassayed) ...............                           JJW
                                                    862.1660    ...........   Single (Specified) Analyte Controls (Assayed and                                      JJX       Exemption is limited to controls not intended for use in
                                                                                Unassayed).                                                                                     donor screening tests.
                                                    862.1660 ...........      Multi-Analyte Controls, All Kinds (Assayed) ....................                      JJY       Exemption is limited to controls not intended for use in
                                                                                                                                                                                donor screening tests.
                                                    862.1660 ...........      Tonometer (Calibration and Q.C. of Blood-Gas Instru-                                  LCH
                                                                                ments), Clinical.
                                                    862.1660 ...........      Kit, Serological, Positive Control ......................................             MJX       Exemption is limited to controls   not intended for use in
                                                                                                                                                                                donor screening tests.
                                                    862.1660 ...........      Kit, Serological, Negative Control ....................................               MJY       Exemption is limited to controls   not intended for use in
                                                                                                                                                                                donor screening tests.
                                                    862.1660 ...........      Kit, Direct Antigen, Positive Control .................................               MJZ       Exemption is limited to controls   not intended for use in
                                                                                                                                                                                donor screening tests.
                                                    862.1660 ...........      Kit, Direct Antigen, Negative Control ...............................                 MKA       Exemption is limited to controls   not intended for use in
                                                                                                                                                                                donor screening tests.
                                                    862.1775    ...........   Acid, Uric, Phosphotungstate Reduction .........................                      CDH
                                                    862.1775    ...........   Acid, Uric, Uricase (U.V.) .................................................          CDO
                                                    862.1775    ...........   Acid, Uric, Uricase (Gasometric) .....................................                JHA
                                                    862.1775    ...........   Acid, Uric, Uricase (Oxygen Rate) ...................................                 JHC
                                                    862.1775    ...........   Acid, Uric, Acid Reduction of Ferric Ion ..........................                   LFQ
                                                    862.3050    ...........   Devices, Breath Trapping, Alcohol ..................................                  DJZ
                                                    862.3220    ...........   Spectral        Absorb.              Curve,              Oxyhemoglobin,               JKS
                                                                                Carboxyhemoglobin, Carbon-Monoxide.
                                                    862.3220 ...........      Gas Chromatograph, Carbon-Monoxide ..........................                         JKT
                                                    862.3220 ...........      Enzyme Immunoassasy, Nocotine and Nicotine Metabo-                                    MKU
                                                                                lites.
                                                    862.3240 ...........      Cholinesterase Test Paper ..............................................              DIG
                                                    862.3240 ...........      Colorimetry, Cholinesterase .............................................             DIH
                                                    862.3240 ...........      Acetylcholine Chloride, Specific Reagent for Pseudo                                   DLI
                                                                                Cholinesterase.
                                                    862.3240 ...........      Solution, M-Nitrophenol, Specific Reagent for Cholin-                                 DMR
                                                                                esterase.
                                                    862.3240    ...........   Electrometry, Cholinesterase ...........................................              DOH
                                                    862.3280    ...........   Heavy Metals Control Materials .......................................                DIE
                                                    862.3280    ...........   Drug Mixture Control Materials ........................................               DIF
                                                    862.3280    ...........   Digitoxin Control Serum, Ria ...........................................              DJK
                                                    862.3280    ...........   Alcohol Control Materials .................................................           DKC
                                                    862.3280    ...........   Digoxin Control Serum, Ria .............................................              DMP
                                                    862.3280    ...........   Drug Specific Control Materials .......................................               LAS
                                                    862.3280    ...........   Theophylline Control Materials ........................................               LAW
                                                    862.3280    ...........   Lidocaine Control Materials .............................................             LAX
                                                    862.3280    ...........   Methotrexate Control Materials ........................................               LAY
                                                    862.3280    ...........   N-Acetylprocainamide Control Materials ..........................                     LAZ
                                                    862.3280    ...........   Procainamide Control Materials .......................................                LBA
                                                    864.7040    ...........   ATP Release (Luminescence) .........................................                  JWR
                                                    864.7040    ...........   Adenine Nucleotide Quantitation .....................................                 KHF
                                                    866.2900    ...........   Device, Parasite Concentration .......................................                LKS
                                                    872.4565    ...........   Parallelometer ..................................................................     EGI
                                                    872.4565    ...........   Syringe, Irrigating (Dental) ...............................................          EIB
                                                    876.5160    ...........   External Urethral Occluder, Urinary Incontinence-Con-                                 MNG
                                                                                trol, Female.
                                                    878.4014    ...........   Kit, First Aid, Talking ........................................................      OVR
                                                    880.5680    ...........   Pediatric Position Holder ..................................................          PRN
                                                    880.6250    ...........   Finger Cot ........................................................................   LZB
                                                    880.6320    ...........   Device, Medical Examination, AC Powered ....................                          KZF
                                                    880.6320    ...........   Accessories to Examination Light ....................................                 PEQ
                                                    880.6375    ...........   Lubricant, Patient .............................................................      KMJ
                                                    880.6760    ...........   Restraint, Patient, Conductive .........................................              BRT
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    880.6760    ...........   Restraint, Protective .........................................................       FMQ
                                                    880.6760    ...........   Patient Bed with Canopy/Restraints ................................                   OYS
                                                    882.1030    ...........   Ataxiagraph ......................................................................    GWW       Exemption is limited to ataxiagraph devices not in-
                                                                                                                                                                                tended to provide an interpretation or a clinical impli-
                                                                                                                                                                                cation of the measurement.
                                                    882.4060    ...........   Cannula, Ventricular .........................................................        HCD
                                                    882.4545    ...........   Instrument, Shunt System Implantation ...........................                     GYK
                                                    884.5435    ...........   Pad, Menstrual, Reusable ................................................             NUQ
                                                    884.5435    ...........   Pad, Interlabial .................................................................    NUR



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                                                    17844                              Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices

                                                                                                                 TABLE 1—CLASS I DEVICES—Continued
                                                                                                                                                        Product                 Partial exemption limitation
                                                     21 CFR section                                       Device type                                    code                           (if applicable)

                                                    886.4070   ...........   Engine, Trephine, Accessories, Gas-powered ................                HLD
                                                    886.4070   ...........   Burr, Corneal, Battery-powered .......................................     HOG
                                                    886.4070   ...........   Engine, Trephine, Accessories, Battery-powered ............                HRF
                                                    886.4070   ...........   Engine, Trephine, Accessories, AC-powered ..................               HRG
                                                    886.4070   ...........   Burr, Corneal, AC-powered ..............................................   HQS



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                                                    https://www.regulations.gov. Follow the                        submit a comment with confidential                      ‘‘Regulation of Intentionally Altered
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Document Created: 2017-04-13 01:09:06
Document Modified: 2017-04-13 01:09:06
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.
ContactBryce Bennett, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993, 301-348-1446, email: [email protected]
FR Citation82 FR 17841 

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