82_FR_47569 82 FR 47373 - Medical Devices; Neurological Devices; Classification of Cranial Motion Measurement Device; Correction

82 FR 47373 - Medical Devices; Neurological Devices; Classification of Cranial Motion Measurement Device; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47373-47373
FR Document2017-21982

The Food and Drug Administration (FDA) is correcting a final order entitled ``Medical Devices; Neurological Devices; Classification of Cranial Motion Measurement Device'' that appeared in the Federal Register of July 28, 2017. The final order was published with an incorrect statement in the preamble about whether FDA planned to exempt the device from premarket notification requirements. This document corrects that error.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Page 47373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21982]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket No. FDA-2017-N-1608]


Medical Devices; Neurological Devices; Classification of Cranial 
Motion Measurement Device; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a final 
order entitled ``Medical Devices; Neurological Devices; Classification 
of Cranial Motion Measurement Device'' that appeared in the Federal 
Register of July 28, 2017. The final order was published with an 
incorrect statement in the preamble about whether FDA planned to exempt 
the device from premarket notification requirements. This document 
corrects that error.

DATES: Effective October 12, 2017.

FOR FURTHER INFORMATION CONTACT: Jay Gupta, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 2611, Silver Spring, MD 20993-0002, 301-796-2795, 
jay.gupta@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: In the Federal Register of July 28, 2017 (82 
FR 35069), FDA published the final order ``Medical Devices; 
Neurological Devices; Classification of Cranial Motion Measurement 
Device.'' The final order published with an incorrect statement in the 
preamble about whether FDA planned to exempt the device from premarket 
notification requirements under section 510(k) of the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360(k)).

Correction

    In the Federal Register of July 28, 2017, in FR Doc. 2017-15895, 
the following correction is made:

    On page 35070, after table 1 in the third column, the last 
paragraph is corrected to read as follows:
    ``Section 510(m) of the FD&C Act provides that FDA may exempt a 
class II device from the premarket notification requirements under 
section 510(k), if FDA determines that premarket notification is not 
necessary to provide reasonable assurance of the safety and 
effectiveness of the device. For this type of device, FDA has 
determined that premarket notification is necessary to provide 
reasonable assurance of the safety and effectiveness of the device. 
Therefore, this device type is not exempt from premarket 
notification requirements. Persons who intend to market this type of 
device must submit to FDA a premarket notification, prior to 
marketing the device, which contains information about the cranial 
motion measurement device they intend to market.''

    Dated: October 4, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-21982 Filed 10-11-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations                                            47373

                                                for that affected control surface, unless the           March 9, 2017 for related information. You            final order entitled ‘‘Medical Devices;
                                                FAA-approved repair instructions specify                may examine the MCAI on the Internet at               Neurological Devices; Classification of
                                                otherwise.                                              https://www.regulations.gov/
                                                                                                                                                              Cranial Motion Measurement Device’’
                                                   (6) Replacement of the affected part on an           document?D=FAA-2017-0648-0002.
                                                airplane with a part listed in table 1 of PAI                                                                 that appeared in the Federal Register of
                                                                                                        (i) Material Incorporated by Reference                July 28, 2017. The final order was
                                                SB No. 80–0455, constitutes terminating
                                                action for the repetitive inspections required             (1) The Director of the Federal Register           published with an incorrect statement
                                                by this AD for that part.                               approved the incorporation by reference               in the preamble about whether FDA
                                                   (7) You may incorporate the actions of PAI           (IBR) of the service information listed in this       planned to exempt the device from
                                                SB No. 80–0455, into your FAA-approved                  paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                        part 51.                                              premarket notification requirements.
                                                airplane inspection program (AIP) or
                                                maintenance program (instructions for                      (2) You must use this service information          This document corrects that error.
                                                continued airworthiness) to ensure the                  as applicable to do the actions required by           DATES:   Effective October 12, 2017.
                                                continuing airworthiness of each operated               this AD, unless this AD specifies otherwise.
                                                airplane.                                                  (i) PIAGGIO AERO INDUSTRIES S.p.A.                 FOR FURTHER INFORMATION CONTACT:    Jay
                                                   (8) After November 16, 2017 (the effective           Mandatory Service Bulletin (SB) No.: 80–              Gupta, Center for Devices and
                                                date of this AD), you may install on an                 0455, dated January 13, 2017.
                                                                                                                                                              Radiological Health, Food and Drug
                                                airplane an affected control surface not listed            (ii) Reserved.
                                                                                                           (3) For PIAGGIO AERO INDUSTRIES                    Administration, 10903 New Hampshire
                                                in table 1 of PAI SB No. 80–0455, provided
                                                that before further flight after installation, the      S.p.A. service information identified in this         Ave., Bldg. 66, Rm. 2611, Silver Spring,
                                                affected control surface has been inspected as          AD, contact PIAGGIO AERO INDUSTRIES                   MD 20993–0002, 301–796–2795,
                                                specified in this AD and found airworthy.               S.p.A.—Continued Airworthiness, Via                   jay.gupta@fda.hhs.gov.
                                                                                                        Pionieri e Aviatori d’Italia snc—16154
                                                (g) Other FAA AD Provisions                             Genova, Italy; Telephone: +39 010 0998046;            SUPPLEMENTARY INFORMATION:     In the
                                                   The following provisions also apply to this          Fax: None; email: airworthiness@                      Federal Register of July 28, 2017 (82 FR
                                                AD:                                                     piaggioaerospace.it; Internet:                        35069), FDA published the final order
                                                   (1) Alternative Methods of Compliance                www.piaggioaerospace.it/en/customer-                  ‘‘Medical Devices; Neurological Devices;
                                                (AMOCs): The Manager, Standards Office,                 support#care.                                         Classification of Cranial Motion
                                                FAA, has the authority to approve AMOCs                    (4) You may view this service information
                                                                                                        at the FAA, Policy and Innovation Division,
                                                                                                                                                              Measurement Device.’’ The final order
                                                for this AD, if requested using the procedures
                                                found in 14 CFR 39.19. Send information to              901 Locust, Kansas City, Missouri 64106. For          published with an incorrect statement
                                                ATTN: Mike Kiesov, Aerospace Engineer,                  information on the availability of this               in the preamble about whether FDA
                                                FAA, Small Airplane Standards Branch, 901               material at the FAA, call (816) 329–4148. In          planned to exempt the device from
                                                Locust, Room 301, Kansas City, Missouri                 addition, you can access this service                 premarket notification requirements
                                                64106; telephone: (816) 329–4144; fax: (816)            information on the Internet at http://                under section 510(k) of the Federal
                                                329–4090; email: mike.kiesov@faa.gov.                   www.regulations.gov by searching for and
                                                                                                                                                              Food, Drug, and Cosmetic Act (the
                                                Before using any approved AMOC on any                   locating Docket No. FAA–2017–0648.
                                                                                                           (5) You may view this service information          FD&C Act) (21 U.S.C. 360(k)).
                                                airplane to which the AMOC applies, notify
                                                your appropriate principal inspector (PI) in            that is incorporated by reference at the              Correction
                                                the FAA Flight Standards District Office                National Archives and Records
                                                (FSDO), or lacking a PI, your local FSDO.               Administration (NARA). For information on               In the Federal Register of July 28,
                                                   (2) Contacting the Manufacturer: For any             the availability of this material at NARA, call
                                                                                                                                                              2017, in FR Doc. 2017–15895, the
                                                requirement in this AD to obtain corrective             202–741–6030, or go to: http://
                                                                                                        www.archives.gov/federal-register/cfr/ibr-            following correction is made:
                                                actions from a manufacturer, the action must
                                                be accomplished using a method approved                 locations.html.                                         On page 35070, after table 1 in the third
                                                by the Manager, Small Airplane Standards                  Issued in Kansas City, Missouri, on                 column, the last paragraph is corrected to
                                                Branch, FAA; or the European Aviation                   September 29, 2017.                                   read as follows:
                                                Safety Agency (EASA).                                                                                           ‘‘Section 510(m) of the FD&C Act provides
                                                                                                        Pat Mullen,
                                                   (3) Reporting Requirements: For any                                                                        that FDA may exempt a class II device from
                                                reporting requirement in this AD, a federal             Acting Deputy Director, Policy & Innovation
                                                                                                        Division, Aircraft Certification Service.             the premarket notification requirements
                                                agency may not conduct or sponsor, and a
                                                                                                                                                              under section 510(k), if FDA determines that
                                                person is not required to respond to, nor               [FR Doc. 2017–21443 Filed 10–11–17; 8:45 am]
                                                shall a person be subject to a penalty for                                                                    premarket notification is not necessary to
                                                                                                        BILLING CODE 4910–13–P
                                                failure to comply with a collection of                                                                        provide reasonable assurance of the safety
                                                information subject to the requirements of                                                                    and effectiveness of the device. For this type
                                                the Paperwork Reduction Act unless that                                                                       of device, FDA has determined that
                                                collection of information displays a current            DEPARTMENT OF HEALTH AND                              premarket notification is necessary to
                                                valid OMB Control Number. The OMB                       HUMAN SERVICES                                        provide reasonable assurance of the safety
                                                Control Number for this information                                                                           and effectiveness of the device. Therefore,
                                                collection is 2120–0056. Public reporting for           Food and Drug Administration
                                                                                                                                                              this device type is not exempt from
                                                this collection of information is estimated to                                                                premarket notification requirements. Persons
                                                be approximately 5 minutes per response,                21 CFR Part 882                                       who intend to market this type of device
                                                including the time for reviewing instructions,
                                                                                                        [Docket No. FDA–2017–N–1608]                          must submit to FDA a premarket notification,
                                                completing and reviewing the collection of
                                                information. All responses to this collection                                                                 prior to marketing the device, which contains
                                                of information are mandatory. Comments                  Medical Devices; Neurological                         information about the cranial motion
                                                concerning the accuracy of this burden and              Devices; Classification of Cranial                    measurement device they intend to market.’’
                                                suggestions for reducing the burden should              Motion Measurement Device;
                                                                                                                                                                Dated: October 4, 2017.
jstallworth on DSKBBY8HB2PROD with RULES




                                                be directed to the FAA at: 800 Independence             Correction
                                                Ave. SW., Washington, DC 20591, Attn:                                                                         Leslie Kux,
                                                Information Collection Clearance Officer,               AGENCY:    Food and Drug Administration,              Associate Commissioner for Policy.
                                                AES–200.                                                HHS.                                                  [FR Doc. 2017–21982 Filed 10–11–17; 8:45 am]
                                                                                                        ACTION:   Final order; correction.
                                                (h) Related Information                                                                                       BILLING CODE 4164–01–P

                                                  Refer to MCAI European Aviation Safety                SUMMARY: The Food and Drug
                                                Agency (EASA) AD No.: 2017–0045, dated                  Administration (FDA) is correcting a


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Document Created: 2018-10-25 10:02:55
Document Modified: 2018-10-25 10:02:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order; correction.
DatesEffective October 12, 2017.
ContactJay Gupta, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2611, Silver Spring, MD 20993-0002, 301-796-2795, [email protected]
FR Citation82 FR 47373 

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