82_FR_39694 82 FR 39534 - Medical Device Classification Procedures; Change of Address; Technical Amendment

82 FR 39534 - Medical Device Classification Procedures; Change of Address; Technical Amendment

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39534-39535
FR Document2017-17564

The Food and Drug Administration (FDA or Agency) is amending the Medical Device Classification Procedures regulation to reflect a change in address for the Center for Devices and Radiological Health (CDRH). This action is editorial in nature and is intended to improve the accuracy of the Agency's regulations.

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017)
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39534-39535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17564]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 860

[Docket No. FDA-2013-N-1529]


Medical Device Classification Procedures; Change of Address; 
Technical Amendment

AGENCY: Food and Drug Administration; HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is amending 
the Medical Device Classification Procedures regulation to reflect a 
change in address for the Center for Devices and Radiological Health 
(CDRH). This action is editorial in nature and is intended to improve 
the accuracy of the Agency's regulations.

DATES: This rule is effective August 21, 2017.

FOR FURTHER INFORMATION CONTACT: Karen Fikes, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993-0002, 301-796-9603.

[[Page 39535]]


SUPPLEMENTARY INFORMATION: FDA is amending our regulations in 21 CFR 
part 860 that set forth procedures for mailing reclassification 
petitions (Sec.  860.123 (21 CFR 860.123)) to revise the mailing 
address for CDRH. The current mailing address in the regulation for 
CDRH is as follows: Center for Devices and Radiological Health, 
Regulations Staff, 10903 New Hampshire Ave., Bldg. 66, Rm. 4438, Silver 
Spring, MD 20993-0002. The room number, 4438, has been changed; the new 
room number is G609. The mailing address is revised as follows: Center 
for Devices and Radiological Health, Regulations Staff, Document Mail 
Center-WO66-G609, 10903 New Hampshire Ave., Silver Spring, MD 20993-
0002.
    Sections 513(e) and (f), 514(b), 515(b), and 520(l) of the Federal 
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(e) and (f); 
360d(b); 360e(b), and 360j(l)), provide for the reclassification of a 
device and prescribe procedures to petition for reclassification. FDA 
provides procedures for the content and form of reclassification 
petitions submitted pursuant to Sec.  860.123(b)(1) for devices 
regulated by CDRH. The address for submitting a reclassification 
petition for devices regulated by CDRH in Sec.  860.123(b)(1) is 
amended to reflect the new room number. The addresses remain the same 
for the Center for Biologics Evaluation and Research and the Center for 
Drug Evaluation and Research.

List of Subjects in 21 CFR Part 860

    Administrative practice and procedure, 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 
860 is amended as follows:

PART 860--MEDICAL DEVICE CLASSIFICATION PROCEDURES

0
1. The authority citation for part 860 continues to read as follows:

    Authority:  21 U.S.C. 360c, 360d, 360e, 360i, 360j, 371, 374.

0
2. Revise Sec.  860.123(b)(1) to read as follows:


Sec.  860.123   Reclassification petition: Content and form.

* * * * *
    (b) * * *
    (1) For devices regulated by the Center for Devices and 
Radiological Health, addressed to the Food and Drug Administration, 
Center for Devices and Radiological Health, Regulations Staff, Document 
Mail Center-WO66-G609, 10903 New Hampshire Ave., Silver Spring, MD 
20993-0002; for devices regulated by the Center for Biologics 
Evaluation and Research, addressed to the Food and Drug Administration, 
Center for Biologics Evaluation and Research, Document Control Center, 
10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-
0002; for devices regulated by the Center for Drug Evaluation and 
Research, addressed to the Food and Drug Administration, Center for 
Drug Evaluation and Research, Central Document Control Room, 5901-B 
Ammendale Rd., Beltsville, MD 20705-1266, as applicable.
* * * * *

    Dated: August 15, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17564 Filed 8-18-17; 8:45 am]
 BILLING CODE 4164-01-P



                                              39534             Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations

                                              ending June 30, 2008. The Act also                         Pursuant to the Paperwork Reduction                annual fee, and each person excepted
                                              states that any increase shall be rounded               Act, 44 U.S.C. 3501–3521, the Office of               from paying an annual fee under
                                              to the nearest dollar and that there shall              Management and Budget (‘‘OMB’’)                       § 310.4(b)(1)(iii)(B), will be provided a
                                              be no increase in the dollar amounts if                 approved the information collection                   unique account number that will allow
                                              the change in the CPI is less than one                  requirements in the Amended TSR and                   that person to access the registry data
                                              percent. For fiscal year 2009, the Act                  assigned the following existing OMB                   for the selected area codes at any time
                                              specified that the original annual fee for              Control Number: 3084–0097. The                        for the twelve month period beginning
                                              access to the Registry for each area code               amendments outlined in this Final Rule                on the first day of the month in which
                                              of data was $54 per area code, or $27                   pertain only to the fee provision                     the person paid the fee (‘‘the annual
                                              per area code of data during the second                 (§ 310.8) of the Amended TSR and will                 period’’). To obtain access to additional
                                              six months of an entity’s annual                        not establish or alter any record                     area codes of data during the first six
                                              subscription period, and that the                       keeping, reporting, or third-party                    months of the annual period, each
                                              maximum amount that would be                            disclosure requirements elsewhere in                  person required to pay the fee under
                                              charged to any single entity for                        the Amended TSR.                                      paragraph (c) of this section must first
                                              accessing area codes of data would be                                                                         pay $62 for each additional area code of
                                                                                                      List of Subjects in 16 CFR Part 310
                                              $14,850.                                                                                                      data not initially selected. To obtain
                                                 The determination whether a fee                        Advertising, Consumer protection,                   access to additional area codes of data
                                              change is required and the amount of                    Reporting and recordkeeping                           during the second six months of the
                                              the fee change involves a two-step                      requirements, Telephone, Trade                        annual period, each person required to
                                              process. First, to determine whether a                  practices.                                            pay the fee under paragraph (c) of this
                                              fee change is required, we measure the                    Accordingly, the Federal Trade                      section must first pay $31 for each
                                              change in the CPI from the time of the                  Commission amends part 310 of title 16                additional area code of data not initially
                                              previous increase in fees. There was an                 of the Code of Federal Regulations as                 selected. The payment of the additional
                                              increase in the fees for fiscal year 2017.              follows:                                              fee will permit the person to access the
                                              Accordingly, we calculated the change                                                                         additional area codes of data for the
                                              in the CPI since last year, and the                     PART 310—TELEMARKETING SALES                          remainder of the annual period.
                                              increase was 1.84 percent. Because this                 RULE
                                                                                                                                                            *     *     *      *    *
                                              change is over the one percent
                                              threshold, the fees will change for fiscal              ■ 1. The authority citation for part 310                By direction of the Commission.
                                              year 2018.                                              continues to read as follows:                         Donald S. Clark,
                                                 Second, to determine how much the                      Authority: 15 U.S.C. 6101–6108; 15 U.S.C.           Secretary.
                                              fees should increase this fiscal year, we               6151–6155.                                            [FR Doc. 2017–17437 Filed 8–18–17; 8:45 am]
                                              use the calculation specified by the Act                ■ 2. In § 310.8, revise paragraphs (c) and            BILLING CODE 6750–01–P
                                              set forth above, the percentage change in               (d) to read as follows:
                                              the baseline CPI applied to the original
                                              fees for fiscal year 2009. The average                  § 310.8 Fee for access to the National Do
                                                                                                                                                            DEPARTMENT OF HEALTH AND
                                              value of the CPI for July 1, 2007 to June               Not Call Registry.
                                                                                                                                                            HUMAN SERVICES
                                              30, 2008 was 211.702; the average value                 *     *     *     *     *
                                              for July 1, 2016 to June 30, 2017 was                     (c) The annual fee, which must be                   Food and Drug Administration
                                              242.656, an increase of 14.62 percent.                  paid by any person prior to obtaining
                                              Applying the 14.62 percent increase to                  access to the National Do Not Call                    21 CFR Part 860
                                              the base amount from fiscal year 2009,                  Registry, is $62 for each area code of
                                                                                                      data accessed, up to a maximum of                     [Docket No. FDA–2013–N–1529]
                                              leads to an increase from $61 to $62 in
                                              the fee from last year for access to a                  $17,021; provided, however, that there                Medical Device Classification
                                              single area code of data for a full year                shall be no charge to any person for                  Procedures; Change of Address;
                                              for fiscal year 2018. The actual amount                 accessing the first five area codes of                Technical Amendment
                                              is $61.89, but when rounded, pursuant                   data, and provided further, that there
                                              to the Act, the amount is $62. The fee                  shall be no charge to any person                      AGENCY:    Food and Drug Administration;
                                              for accessing an additional area code for               engaging in or causing others to engage               HHS.
                                              a half year increases from $30 to $31                   in outbound telephone calls to                              Final rule; technical
                                                                                                                                                            ACTION:
                                              (rounded from $30.95). The maximum                      consumers and who is accessing area                   amendment.
                                              amount charged increases to $17,021                     codes of data in the National Do Not
                                              (rounded from $17,021.07).                              Call Registry if the person is permitted              SUMMARY:   The Food and Drug
                                                 Administrative Procedure Act;                        to access, but is not required to access,             Administration (FDA or Agency) is
                                              Regulatory Flexibility Act; Paperwork                   the National Do Not Call Registry under               amending the Medical Device
                                              Reduction Act. The revisions to the Fee                 this Rule, 47 CFR 64.1200, or any other               Classification Procedures regulation to
                                              Rule are technical in nature and merely                 Federal regulation or law. No person                  reflect a change in address for the
                                              incorporate statutory changes to the                    may participate in any arrangement to                 Center for Devices and Radiological
                                              TSR. These statutory changes have been                  share the cost of accessing the National              Health (CDRH). This action is editorial
                                              adopted without change or                               Do Not Call Registry, including any                   in nature and is intended to improve the
                                              interpretation, making public comment                   arrangement with any telemarketer or                  accuracy of the Agency’s regulations.
                                              unnecessary. Therefore, the Commission                  service provider to divide the costs to               DATES: This rule is effective August 21,
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                                              has determined that the notice and                      access the registry among various clients             2017.
                                              comment requirements of the                             of that telemarketer or service provider.             FOR FURTHER INFORMATION CONTACT:
                                              Administrative Procedure Act do not                       (d) Each person who pays, either                    Karen Fikes, Center for Devices and
                                              apply. See 5 U.S.C. 553(b). For this                    directly or through another person, the               Radiological Health, Food and Drug
                                              reason, the requirements of the                         annual fee set forth in paragraph (c) of              Administration, 10903 New Hampshire
                                              Regulatory Flexibility Act also do not                  this section, each person excepted                    Ave., Bldg. 66, Rm. 5244, Silver Spring,
                                              apply. See 5 U.S.C. 603, 604.                           under paragraph (c) from paying the                   MD 20993–0002, 301–796–9603.


                                         VerDate Sep<11>2014   16:12 Aug 18, 2017   Jkt 241001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                                                Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations                                        39535

                                              SUPPLEMENTARY INFORMATION:      FDA is                  Document Mail Center–WO66–G609,                       ADDRESSES:   Documents mentioned in
                                              amending our regulations in 21 CFR                      10903 New Hampshire Ave., Silver                      this preamble are part of docket USCG–
                                              part 860 that set forth procedures for                  Spring, MD 20993–0002; for devices                    2017–0699. To view these documents go
                                              mailing reclassification petitions                      regulated by the Center for Biologics                 to http://www.regulations.gov, type the
                                              (§ 860.123 (21 CFR 860.123)) to revise                  Evaluation and Research, addressed to                 docket number in the ‘‘SEARCH’’ box
                                              the mailing address for CDRH. The                       the Food and Drug Administration,                     and click ‘‘SEARCH.’’ Click on Open
                                              current mailing address in the                          Center for Biologics Evaluation and                   Docket Folder on the line associated
                                              regulation for CDRH is as follows:                      Research, Document Control Center,                    with this rulemaking.
                                              Center for Devices and Radiological                     10903 New Hampshire Ave., Bldg. 71,                   FOR FURTHER INFORMATION CONTACT: If
                                              Health, Regulations Staff, 10903 New                    Rm. G112, Silver Spring, MD 20993–                    you have questions on this rule, call or
                                              Hampshire Ave., Bldg. 66, Rm. 4438,                     0002; for devices regulated by the                    email Lieutenant Marcia Medina, U.S.
                                              Silver Spring, MD 20993–0002. The                       Center for Drug Evaluation and                        Coast Guard Sector San Francisco;
                                              room number, 4438, has been changed;                    Research, addressed to the Food and                   telephone (415) 399–7443 or email at
                                              the new room number is G609. The                        Drug Administration, Center for Drug                  D11-PF-MarineEvents@uscg.mil.
                                              mailing address is revised as follows:                  Evaluation and Research, Central                      SUPPLEMENTARY INFORMATION:
                                              Center for Devices and Radiological                     Document Control Room, 5901–B
                                              Health, Regulations Staff, Document                     Ammendale Rd., Beltsville, MD 20705–                  I. Table of Abbreviations
                                              Mail Center–WO66–G609, 10903 New                        1266, as applicable.                                  APA Administrative Procedures Act
                                              Hampshire Ave., Silver Spring, MD                       *    *     *     *    *                               CFR Code of Federal Regulations
                                              20993–0002.                                                                                                   COTP Captain of the Port
                                                                                                        Dated: August 15, 2017.
                                                 Sections 513(e) and (f), 514(b), 515(b),                                                                   DHS Department of Homeland Security
                                              and 520(l) of the Federal Food, Drug,                   Leslie Kux,                                           FR Federal Register
                                              and Cosmetic Act (the FD&C Act) (21                     Associate Commissioner for Policy.                    NAD North American Datum of 1983
                                              U.S.C. 360c(e) and (f); 360d(b); 360e(b),               [FR Doc. 2017–17564 Filed 8–18–17; 8:45 am]           NPRM Notice of Proposed Rulemaking
                                              and 360j(l)), provide for the                           BILLING CODE 4164–01–P                                PG&E Pacific Gas & Electric
                                                                                                                                                            § Section
                                              reclassification of a device and prescribe
                                                                                                                                                            U.S.C. United States Code
                                              procedures to petition for
                                              reclassification. FDA provides                          DEPARTMENT OF HOMELAND                                II. Background Information and
                                              procedures for the content and form of                  SECURITY                                              Regulatory History
                                              reclassification petitions submitted                                                                             The Coast Guard is issuing this
                                              pursuant to § 860.123(b)(1) for devices                 Coast Guard
                                                                                                                                                            temporary final rule without prior
                                              regulated by CDRH. The address for                                                                            notice and opportunity to comment
                                              submitting a reclassification petition for              33 CFR Part 165
                                                                                                                                                            pursuant to authority under section 4(a)
                                              devices regulated by CDRH in                            [Docket No. USCG–2017–0699]                           of the Administrative Procedure Act
                                              § 860.123(b)(1) is amended to reflect the                                                                     (APA) (5 U.S.C. 553(b)). This provision
                                              new room number. The addresses                          RIN 1625–AA00
                                                                                                                                                            authorizes an agency to issue a rule
                                              remain the same for the Center for                                                                            without prior notice and opportunity to
                                              Biologics Evaluation and Research and                   Safety Zone: PG&E Evolution, King
                                                                                                      Salmon, CA                                            comment when the agency for good
                                              the Center for Drug Evaluation and                                                                            cause finds that those procedures are
                                              Research.                                               AGENCY:    Coast Guard, DHS.                          ‘‘impracticable, unnecessary, or contrary
                                              List of Subjects in 21 CFR Part 860                     ACTION:   Temporary final rule.                       to the public interest.’’ Due to the date
                                                Administrative practice and                                                                                 of the event, notice and comment
                                                                                                      SUMMARY:   The Coast Guard is                         procedures would be impracticable in
                                              procedure, Medical devices.                             establishing a temporary safety zone in               this instance.
                                                Therefore, under the Federal Food,                    the navigable waters of Humboldt Bay                     For similar reasons as those stated
                                              Drug, and Cosmetic Act and under                        in King Salmon, CA in support of the                  above, under 5 U.S.C. 553(d)(3), the
                                              authority delegated to the Commissioner                 Pacific Gas and Electric Evolution that               Coast Guard finds that good cause exists
                                              of Food and Drugs, 21 CFR part 860 is                   will be effective on August 2, 2017 and               for making this rule effective less than
                                              amended as follows:                                     on August 30, 2017. This safety zone is               30 days after publication in the Federal
                                                                                                      established to ensure the safety of                   Register.
                                              PART 860—MEDICAL DEVICE                                 workers, mariners, and other vessels
                                              CLASSIFICATION PROCEDURES                               transiting the area from the dangers                  III. Legal Authority and Need for Rule
                                              ■ 1. The authority citation for part 860                associated with this evolution.                          The legal basis for the proposed rule
                                              continues to read as follows:                           Unauthorized persons or vessels are                   is 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR
                                                                                                      prohibited from entering into, transiting             1.05–1, 6.04–1, 6.04–6, 160.5;
                                                Authority: 21 U.S.C. 360c, 360d, 360e,                through, or remaining in the safety zone
                                              360i, 360j, 371, 374.                                                                                         Department of Homeland Security
                                                                                                      without permission of the Captain of the              Delegation No. 0170.1, which
                                              ■ 2. Revise § 860.123(b)(1) to read as                  Port or their designated representative.              collectively authorize the Coast Guard
                                              follows:
                                                                                                      DATES: This rule is effective without                 to establish safety zones.
                                              § 860.123 Reclassification petition:                    actual notice from August 21, 2017 until                 The Pacific Gas and Electric Company
                                              Content and form.                                       August 30, 2017. For the purposes of                  will sponsor the Pacific Gas and Electric
sradovich on DSK3GMQ082PROD with RULES




                                              *     *    *     *    *                                 enforcement, actual notice will be used               Evolution on August 2, 2017 and on
                                                (b) * * *                                             from August 2, 2017, until August 21,                 August 30, 2017, in the navigable waters
                                                (1) For devices regulated by the                      2017.                                                 of Humboldt Bay in King Salmon, CA.
                                              Center for Devices and Radiological                        This rule is being enforced from 8                 The evolution is necessary to complete
                                              Health, addressed to the Food and Drug                  a.m. to 4 p.m. on August 2, 2017 and                  an inspection and for re-licensing
                                              Administration, Center for Devices and                  from 8 a.m. to 4 p.m. on August 30,                   purposes. The evolution is scheduled to
                                              Radiological Health, Regulations Staff,                 2017.                                                 take place on August 2, 2017 and on


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Document Created: 2017-08-19 00:44:53
Document Modified: 2017-08-19 00:44:53
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 rule; technical amendment.
DatesThis rule is effective August 21, 2017<INF>.</INF>
ContactKaren Fikes, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993-0002, 301-796-9603.
FR Citation82 FR 39534 
CFR AssociatedAdministrative Practice and Procedure and Medical Devices

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