82_FR_50740 82 FR 50530 - Medical Devices; Immunology and Microbiology Devices; Classification of the BCR-ABL Quantitation Test

82 FR 50530 - Medical Devices; Immunology and Microbiology Devices; Classification of the BCR-ABL Quantitation Test

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50530-50532
FR Document2017-23742

The Food and Drug Administration (FDA or we) is classifying the BCR-ABL quantitation test into class II (special controls). The special controls that apply to the device type are identified in this order and will be part of the codified language for the BCR-ABL quantitation test's classification. We are taking this action because we have determined that classifying the device into class II (special controls) will provide a reasonable assurance of safety and effectiveness of the device. We believe this action will also enhance patients' access to beneficial innovative devices, in part by reducing regulatory burdens.

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50530-50532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23742]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 866

[Docket No. FDA-2017-N-5995]


Medical Devices; Immunology and Microbiology Devices; 
Classification of the BCR-ABL Quantitation Test

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or we) is classifying 
the BCR-ABL quantitation test into class II (special controls). The 
special controls that apply to the device type are identified in this 
order and will be part of the codified language for the BCR-ABL 
quantitation test's classification. We are taking this action because 
we have determined that classifying the device into class II (special 
controls) will provide a reasonable assurance of safety and 
effectiveness of the device. We believe this action will also enhance 
patients' access to beneficial innovative devices, in part by reducing 
regulatory burdens.

DATES: This order is effective November 1, 2017. The classification was 
applicable on July 22, 2016.

FOR FURTHER INFORMATION CONTACT: Ryan Lubert, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 4545, Silver Spring, MD 20993-0002, 240-402-6357, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the BCR-ABL quantitation test as 
class II (special controls), which we have determined will provide a 
reasonable assurance of safety and effectiveness. In addition, we 
believe this action will enhance patients' access to beneficial 
innovation, in part by reducing regulatory burdens by placing the 
device into a lower device class than the automatic class III 
assignment.
    The automatic assignment of class III occurs by operation of law 
and without any action by FDA, regardless of the level of risk posed by 
the new device. Any device that was not in commercial distribution 
before May 28, 1976, is automatically classified as, and remains 
within, class III and requires premarket approval unless and until FDA 
takes an action to classify or reclassify the device (see 21 U.S.C. 
360c(f)(1)). We refer to these devices as ``postamendments devices'' 
because they were not in commercial distribution prior to the date of 
enactment of the Medical Device Amendments of 1976, which amended the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act).
    FDA may take a variety of actions in appropriate circumstances to 
classify or reclassify a device into class I or II. We may issue an 
order finding a new device to be substantially equivalent under section 
513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a predicate device that 
does not require premarket approval.

[[Page 50531]]

We determine whether a new device is substantially equivalent to a 
predicate by means of the procedures for premarket notification under 
section 510(k) of the FD&C Act and part 807 (21 U.S.C. 360(k) and 21 
CFR part 807, respectively).
    FDA may also classify a device through ``De Novo'' classification, 
a common name for the process authorized under section 513(f)(2) of the 
FD&C Act. Section 207 of the Food and Drug Administration Modernization 
Act of 1997 established the first procedure for De Novo classification 
(Pub. L. 105-115). Section 607 of the Food and Drug Administration 
Safety and Innovation Act modified the De Novo application process by 
adding a second procedure (Pub. L. 112-144). A device sponsor may 
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device 
that has not previously been classified. After receiving an order from 
FDA classifying the device into class III under section 513(f)(1) of 
the FD&C Act, the person then requests a classification under section 
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k) 
and then a request for classification, if the person determines that 
there is no legally marketed device upon which to base a determination 
of substantial equivalence, that person requests a classification under 
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA is required 
to classify the device by written order within 120 days. The 
classification will be according to the criteria under section 
513(a)(1) of the FD&C Act. Although the device was automatically placed 
within class III, the De Novo classification is considered to be the 
initial classification of the device.
    We believe this De Novo classification will enhance patients' 
access to beneficial innovation, in part by reducing regulatory 
burdens. When FDA classifies a device into class I or II via the De 
Novo process, the device can serve as a predicate for future devices of 
that type, including for 510(k)s (see 21 U.S.C. 360c(f)(2)(B)(i)). As a 
result, other device sponsors do not have to submit a De Novo request 
or premarket approval application in order to market a substantially 
equivalent device (see 21 U.S.C. 360c(i), defining ``substantial 
equivalence''). Instead, sponsors can use the less-burdensome 510(k) 
process, when necessary, to market their device.

II. De Novo Classification

    On January 19, 2016, Asuragen, Inc., submitted a request for De 
Novo classification of the QuantideX qPCR BCR-ABL IS Kit. FDA reviewed 
the request in order to classify the device under the criteria for 
classification set forth in section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves 
are insufficient to provide reasonable assurance of safety and 
effectiveness, but there is sufficient information to establish special 
controls that, in combination with the general controls, provide 
reasonable assurance of the safety and effectiveness of the device for 
its intended use (see 21 U.S.C. 360c(a)(1)(B)). After review of the 
information submitted in the request, we determined that the device can 
be classified into class II with the establishment of special controls. 
FDA has determined that these special controls, in addition to general 
controls, will provide reasonable assurance of the safety and 
effectiveness of the device.
    Therefore, on July 22, 2016, FDA issued an order to the requestor 
classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 866.6060. We have named 
the generic type of device BCR-ABL quantitation test, and it is 
identified as a reverse transcription-quantitative polymerase chain 
reaction (RT-qPCR) test for the quantitation of BCR-ABL1 expressed on 
the International Scale (IS) and control transcripts in total RNA from 
whole blood of diagnosed t(9;22) positive chronic myeloid leukemia 
(CML) patients during monitoring of treatment with tyrosine kinase 
inhibitors. This test is not intended for the diagnosis of CML.
    FDA has identified the following risks to health associated 
specifically with this type of device and the measures required to 
mitigate these risks in table 1.

    Table 1--BCR-ABL Quantitation Test Risks and Mitigation Measures
------------------------------------------------------------------------
                                            Mitigation measures/21 CFR
            Identified risks                         section
------------------------------------------------------------------------
False negative results.................  Special Controls (1) and (2)
                                          (21 CFR 866.6060(b)(1) and
                                          (2)).
False positive results.................  Special Controls (1) and (2)
                                          (21 CFR 866.6060(b)(1) and
                                          (2)).
Lack of traceability of results........  Special Control (3) (21 CFR
                                          866.6060(b)(3)).
------------------------------------------------------------------------

    FDA has determined that special controls, in combination with the 
general controls, address these risks to health and provide reasonable 
assurance of safety and effectiveness. In order for a device to fall 
within this classification, and thus avoid automatic classification in 
class III, it would have to comply with the special controls named in 
this final order. The necessary special controls appear in the 
regulation codified by this order. This device is subject to premarket 
notification requirements under section 510(k) of the FD&C Act.

III. Analysis of Environmental Impact

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

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to 
previously approved collections of information found in other FDA 
regulations. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 
the guidance document ``De Novo Classification Process (Evaluation of 
Automatic Class III Designation)'' have been approved under OMB control 
number 0910-0844; the collections of information in part 814, subparts 
A through E, regarding premarket approval, have been approved under OMB 
control number 0910-0231; the collections of information in part 807, 
subpart E, regarding premarket notification submissions, have been 
approved under OMB control number 0910-0120; and the collections of 
information in 21 CFR parts 801 and 809, regarding labeling have been 
approved under OMB control number 0910-0485.

[[Page 50532]]

List of Subjects in 21 CFR Part 866

    Biologics, Laboratories, 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 
866 is amended as follows:

PART 866--IMMUNOLOGY AND MICROBIOLOGY DEVICES

0
1. The authority citation for part 866 continues to read as follows:

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

0
2. Add Sec.  866.6060 to subpart G to read as follows:


Sec.  866.6060  BCR-ABL quantitation test.

    (a) Identification. A BCR-ABL quantitation test is identified as a 
reverse transcription-quantitative polymerase chain reaction (RT-qPCR) 
test for the quantitation of BCR-ABL1 expressed on the International 
Scale (IS) and control transcripts in total RNA from whole blood of 
diagnosed t(9;22) positive chronic myeloid leukemia (CML) patients 
during monitoring of treatment with tyrosine kinase inhibitors. This 
test is not intended for the diagnosis of CML.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) Premarket notification submissions must include the following 
information:
    (i) The indication for use must indicate the variant(s) for which 
the assay was designed and validated, for example BCR-ABL e13a2 and/or 
e14a2.
    (ii) A detailed description of all components in the test, 
including the following:
    (A) A detailed description of the test components, all required 
reagents, instrumentation and equipment, including illustrations or 
photographs of non-standard equipment or methods;
    (B) Detailed documentation of the device software including, but 
not limited to, standalone software applications and hardware-based 
devices that incorporate software;
    (C) Methodology and protocols for control procedures for the assay 
to allow reporting on the International Scale;
    (D) A description of the result outputs, analytical sensitivity of 
the assay, and the range of values that will be reported; and
    (E) A description of appropriate internal and external controls 
that are recommended or provided. The description must identify those 
control elements that are incorporated into the testing procedure.
    (iii) Information that demonstrates the performance characteristics 
of the test, including:
    (A) For indications for use based on a threshold established in a 
predicate device of this generic type, device performance data from 
either a method comparison study to the predicate device or through a 
clinical study demonstrating clinical validity using well-characterized 
prospectively or retrospectively obtained clinical specimens, as 
appropriate, representative of the intended use population;
    (B) For indications for use based on a threshold not established in 
a predicate device of this generic type, device performance data from a 
clinical study demonstrating clinical validity using well-characterized 
prospectively or retrospectively obtained clinical specimens, as 
appropriate, representative of the intended use population;
    (C) Device reproducibility data generated, using a minimum of three 
sites, of which at least two sites must be external sites, with two 
operators at each site. Each site must conduct a minimum of three runs 
per operator over non-consecutive days evaluating a minimum of five 
different BCR-ABL concentrations that span and are well distributed 
over the measuring range and include MR3 (0.1 percent IS). Results 
shall be reported as the standard deviation and percentage coefficient 
of variation for each level tested. Prespecified acceptance criteria 
must be provided and followed;
    (D) Device precision data using clinical samples to evaluate the 
within-lot, between-lot, within-run, between run, and total variation;
    (E) Device linearity data using a dilution panel created from 
clinical samples;
    (F) Device analytic sensitivity data, including limit of blank, 
limit of detection, and limit of quantification;
    (G) Device specificity data, including interference and cross-
contamination; and
    (H) Device stability data, including real-time stability of samples 
under various storage times, temperatures, and freeze-thaw conditions.
    (iv) Identification of risk mitigation elements used by your 
device, including a detailed description of all additional procedures, 
methods, and practices incorporated into the instructions for use that 
mitigate risks associated with testing using your device.
    (2) Your 21 CFR 809.10 compliant labeling must include the 
following:
    (i) The intended use in your 21 CFR 809.10(a)(2) and (b)(2) 
complaint labeling must include an indication for use statement that 
reads ``This test is not intended for the diagnosis of CML''; and
    (ii) A detailed description of the performance studies conducted to 
comply with paragraph (b)(1)(iii) of this section and a summary of the 
results.
    (3) Your device output must include results on the International 
Scale (IS) and your assay must include multipoint calibration controls 
traceable to a relevant international reference panel (e.g., the World 
Health Organization International Genetic Reference Panel for 
quantitation of BCR-ABL mRNA).

    Dated: October 26, 2017.
Lauren Silvis,
Chief of Staff.
[FR Doc. 2017-23742 Filed 10-31-17; 8:45 am]
BILLING CODE 4164-01-P



                                              50530             Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations

                                                                     APPENDIX B TO PART 24—CUSTOMS COBRA USER FEES AND LIMITATIONS IN 19 CFR 24.23
                                                                                                                                                                                                                   FY14 Base fee/
                                                                                                                                                                                                                 limitation (subject
                                                                                                                                                                   Customs COBRA user
                                                           19 U.S.C. 58c                               19 CFR 24.23                                                                                               to adjustment in
                                                                                                                                                                       fee/limitation                             accordance with
                                                                                                                                                                                                                    the FAST Act)

                                              (b)(9)(A) (ii) ............................   (b)(1)(i)(A) ..............................     Fee: Express Consignment Carrier/Centralized Hub Facility                             $1
                                                                                                                                              Fee, Per Individual Waybill/Bill of Lading Fee.
                                              (b)(9)(B)(i) ..............................   (b)(1)(i)(B)(2) .........................       Limitation: Minimum Express Consignment Carrier/Central-                            0.35
                                                                                                                                              ized Hub Facility Fee.
                                              (b)(9)(B)(i) ..............................   (b)(1)(i)(B)(2) .........................       Limitation: Maximum Express Consignment Carrier/Central-                               1
                                                                                                                                              ized Hub Facility Fee.
                                              (a)(9)(B)(i); .............................   (b)(1)(i)(B)(1) .........................       Limitation: Minimum Merchandise Processing Fee ..............                         25
                                              (b)(8)(A)(i) ..............................
                                              (a)(9)(B)(i); .............................   (b)(1)(i)(B)(1) .........................       Limitation: Maximum Merchandise Processing Fee .............                        485
                                              (b)(8)(A)(i) ..............................
                                              (b)(8)(A)(ii) .............................   (b)(1)(ii) ..................................   Fee: Surcharge for Manual Entry or Release .......................                     3
                                              (a)(10)(C)(i) ............................    (b)(2)(i) ...................................   Fee: Informal Entry or Release; Automated and Not Pre-                                 2
                                                                                                                                              pared by CBP Personnel.
                                              (a)(10)(C)(ii) ...........................    (b)(2)(ii) ..................................   Fee: Informal Entry or Release; Manual and Not Prepared                                6
                                                                                                                                              by CBP Personnel.
                                              (a)(10)(C)(iii) ..........................    (b)(2)(iii) .................................   Fee: Informal Entry or Release; Automated or Manual; Pre-                              9
                                                                                                                                              pared by CBP Personnel.
                                              (b)(9)(A)(ii) .............................   (b)(4) ......................................   Fee: Express Consignment Carrier/Centralized Hub Facility                              1
                                                                                                                                              Fee, Per Individual Waybill/Bill of Lading Fee.



                                              PART 111—CUSTOMS BROKERS                                               DEPARTMENT OF HEALTH AND                                    MD 20993–0002, 240–402–6357,
                                                                                                                     HUMAN SERVICES                                              ryan.Lubert@fda.hhs.gov.
                                              ■ 5. The general authority citation for                                                                                            SUPPLEMENTARY INFORMATION:
                                              part 111 and the specific authority                                    Food and Drug Administration
                                                                                                                                                                                 I. Background
                                              citation for § 111.96 continue to read as
                                              follows:                                                               21 CFR Part 866                                                Upon request, FDA has classified the
                                                                                                                                                                                 BCR–ABL quantitation test as class II
                                               Authority: 19 U.S.C. 66, 1202 (General                                [Docket No. FDA–2017–N–5995]                                (special controls), which we have
                                              Note 3(i), Harmonized Tariff Schedule of the                                                                                       determined will provide a reasonable
                                              United States), 1624, 1641.                                            Medical Devices; Immunology and                             assurance of safety and effectiveness. In
                                              *        *        *        *        *                                  Microbiology Devices; Classification of                     addition, we believe this action will
                                                Section 111.96 also issued under 19 U.S.C.                           the BCR–ABL Quantitation Test                               enhance patients’ access to beneficial
                                              58c, 31 U.S.C. 9701.                                                                                                               innovation, in part by reducing
                                                                                                                     AGENCY:        Food and Drug Administration,
                                              *        *        *        *        *                                                                                              regulatory burdens by placing the
                                                                                                                     HHS.
                                                                                                                                                                                 device into a lower device class than the
                                              § 111.19       [Amended]                                               ACTION:       Final order.                                  automatic class III assignment.
                                                                                                                                                                                    The automatic assignment of class III
                                              ■  6. In § 111.19(c):                                                  SUMMARY:    The Food and Drug
                                                                                                                                                                                 occurs by operation of law and without
                                                                                                                     Administration (FDA or we) is
                                              ■ a. Remove the phrase ‘‘100 and 138’’                                                                                             any action by FDA, regardless of the
                                                                                                                     classifying the BCR–ABL quantitation
                                              in the first sentence; and                                                                                                         level of risk posed by the new device.
                                                                                                                     test into class II (special controls). The
                                              ■ b. Remove the amounts ‘‘100’’ and
                                                                                                                                                                                 Any device that was not in commercial
                                                                                                                     special controls that apply to the device
                                                                                                                                                                                 distribution before May 28, 1976, is
                                              ‘‘138’’ in each place that they appear.                                type are identified in this order and will
                                                                                                                                                                                 automatically classified as, and remains
                                                                                                                     be part of the codified language for the
                                              § 111.96       [Amended]                                                                                                           within, class III and requires premarket
                                                                                                                     BCR–ABL quantitation test’s
                                                                                                                                                                                 approval unless and until FDA takes an
                                              ■ 7. In § 111.96(c):                                                   classification. We are taking this action
                                                                                                                                                                                 action to classify or reclassify the device
                                                                                                                     because we have determined that
                                              ■ a. In the first sentence, remove the                                                                                             (see 21 U.S.C. 360c(f)(1)). We refer to
                                                                                                                     classifying the device into class II
                                              words ‘‘of 138’’ and add in their place                                                                                            these devices as ‘‘postamendments
                                                                                                                     (special controls) will provide a
                                              the words ‘‘specified in § 24.22(h) of                                                                                             devices’’ because they were not in
                                                                                                                     reasonable assurance of safety and
                                              this chapter’’; and                                                                                                                commercial distribution prior to the
                                                                                                                     effectiveness of the device. We believe
                                              ■ b. Remove the figure ‘‘138’’ in each
                                                                                                                                                                                 date of enactment of the Medical Device
                                                                                                                     this action will also enhance patients’
                                              place that it appears.                                                                                                             Amendments of 1976, which amended
                                                                                                                     access to beneficial innovative devices,
                                                                                                                                                                                 the Federal Food, Drug, and Cosmetic
                                                                                                                     in part by reducing regulatory burdens.
                                              Ronald D. Vitiello,                                                                                                                Act (the FD&C Act).
                                                                                                                     DATES: This order is effective November                        FDA may take a variety of actions in
                                              Acting Deputy Commissioner, U.S. Customs
sradovich on DSK3GMQ082PROD with RULES




                                              and Border Protection.                                                 1, 2017. The classification was                             appropriate circumstances to classify or
                                                                                                                     applicable on July 22, 2016.                                reclassify a device into class I or II. We
                                                Approved: October 30, 2017.
                                                                                                                     FOR FURTHER INFORMATION CONTACT:                            may issue an order finding a new device
                                              Timothy E. Skud,
                                                                                                                     Ryan Lubert, Center for Devices and                         to be substantially equivalent under
                                              Deputy Assistant Secretary of the Treasury.                            Radiological Health, Food and Drug                          section 513(i) of the FD&C Act (21
                                              [FR Doc. 2017–23878 Filed 10–31–17; 8:45 am]                           Administration, 10903 New Hampshire                         U.S.C. 360c(i)) to a predicate device that
                                              BILLING CODE 9111–14–P                                                 Ave., Bldg. 66, Rm. 4545, Silver Spring,                    does not require premarket approval.


                                         VerDate Sep<11>2014        17:12 Oct 31, 2017      Jkt 244001      PO 00000        Frm 00040       Fmt 4700   Sfmt 4700   E:\FR\FM\01NOR1.SGM   01NOR1


                                                                Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations                                                               50531

                                              We determine whether a new device is                                     Under either procedure for De Novo                        assurance of safety and effectiveness,
                                              substantially equivalent to a predicate                               classification, FDA is required to                           but there is sufficient information to
                                              by means of the procedures for                                        classify the device by written order                         establish special controls that, in
                                              premarket notification under section                                  within 120 days. The classification will                     combination with the general controls,
                                              510(k) of the FD&C Act and part 807 (21                               be according to the criteria under                           provide reasonable assurance of the
                                              U.S.C. 360(k) and 21 CFR part 807,                                    section 513(a)(1) of the FD&C Act.                           safety and effectiveness of the device for
                                              respectively).                                                        Although the device was automatically                        its intended use (see 21 U.S.C.
                                                 FDA may also classify a device                                     placed within class III, the De Novo                         360c(a)(1)(B)). After review of the
                                              through ‘‘De Novo’’ classification, a                                 classification is considered to be the                       information submitted in the request,
                                              common name for the process                                           initial classification of the device.                        we determined that the device can be
                                              authorized under section 513(f)(2) of the                                We believe this De Novo classification                    classified into class II with the
                                              FD&C Act. Section 207 of the Food and                                 will enhance patients’ access to                             establishment of special controls. FDA
                                              Drug Administration Modernization Act                                 beneficial innovation, in part by                            has determined that these special
                                              of 1997 established the first procedure                               reducing regulatory burdens. When FDA                        controls, in addition to general controls,
                                              for De Novo classification (Pub. L. 105–                              classifies a device into class I or II via                   will provide reasonable assurance of the
                                              115). Section 607 of the Food and Drug                                the De Novo process, the device can                          safety and effectiveness of the device.
                                              Administration Safety and Innovation                                  serve as a predicate for future devices of                      Therefore, on July 22, 2016, FDA
                                              Act modified the De Novo application                                  that type, including for 510(k)s (see 21                     issued an order to the requestor
                                              process by adding a second procedure                                  U.S.C. 360c(f)(2)(B)(i)). As a result, other                 classifying the device into class II. FDA
                                              (Pub. L. 112–144). A device sponsor                                   device sponsors do not have to submit                        is codifying the classification of the
                                              may utilize either procedure for De                                   a De Novo request or premarket                               device by adding 21 CFR 866.6060. We
                                              Novo classification.                                                  approval application in order to market                      have named the generic type of device
                                                                                                                    a substantially equivalent device (see 21                    BCR–ABL quantitation test, and it is
                                                 Under the first procedure, the person                              U.S.C. 360c(i), defining ‘‘substantial                       identified as a reverse transcription-
                                              submits a 510(k) for a device that has                                equivalence’’). Instead, sponsors can use                    quantitative polymerase chain reaction
                                              not previously been classified. After                                 the less-burdensome 510(k) process,                          (RT-qPCR) test for the quantitation of
                                              receiving an order from FDA classifying                               when necessary, to market their device.                      BCR–ABL1 expressed on the
                                              the device into class III under section                                                                                            International Scale (IS) and control
                                              513(f)(1) of the FD&C Act, the person                                 II. De Novo Classification
                                                                                                                                                                                 transcripts in total RNA from whole
                                              then requests a classification under                                    On January 19, 2016, Asuragen, Inc.,                       blood of diagnosed t(9;22) positive
                                              section 513(f)(2).                                                    submitted a request for De Novo                              chronic myeloid leukemia (CML)
                                                 Under the second procedure, rather                                 classification of the QuantideX qPCR                         patients during monitoring of treatment
                                              than first submitting a 510(k) and then                               BCR–ABL IS Kit. FDA reviewed the                             with tyrosine kinase inhibitors. This test
                                              a request for classification, if the person                           request in order to classify the device                      is not intended for the diagnosis of
                                              determines that there is no legally                                   under the criteria for classification set                    CML.
                                              marketed device upon which to base a                                  forth in section 513(a)(1) of the FD&C                          FDA has identified the following risks
                                              determination of substantial                                          Act.                                                         to health associated specifically with
                                              equivalence, that person requests a                                     We classify devices into class II if                       this type of device and the measures
                                              classification under section 513(f)(2) of                             general controls by themselves are                           required to mitigate these risks in table
                                              the FD&C Act.                                                         insufficient to provide reasonable                           1.

                                                                                    TABLE 1—BCR–ABL QUANTITATION TEST RISKS AND MITIGATION MEASURES
                                                                                       Identified risks                                                                    Mitigation measures/21 CFR section

                                              False negative results ..............................................................................     Special Controls (1) and (2) (21 CFR 866.6060(b)(1) and (2)).
                                              False positive results ................................................................................   Special Controls (1) and (2) (21 CFR 866.6060(b)(1) and (2)).
                                              Lack of traceability of results ....................................................................      Special Control (3) (21 CFR 866.6060(b)(3)).



                                                 FDA has determined that special                                    that does not individually or                                Automatic Class III Designation)’’ have
                                              controls, in combination with the                                     cumulatively have a significant effect on                    been approved under OMB control
                                              general controls, address these risks to                              the human environment. Therefore,                            number 0910–0844; the collections of
                                              health and provide reasonable assurance                               neither an environmental assessment                          information in part 814, subparts A
                                              of safety and effectiveness. In order for                             nor an environmental impact statement                        through E, regarding premarket
                                              a device to fall within this classification,                          is required.                                                 approval, have been approved under
                                              and thus avoid automatic classification                                                                                            OMB control number 0910–0231; the
                                                                                                                    IV. Paperwork Reduction Act of 1995
                                              in class III, it would have to comply                                                                                              collections of information in part 807,
                                              with the special controls named in this                                 This final order establishes special
                                                                                                                    controls that refer to previously                            subpart E, regarding premarket
                                              final order. The necessary special
                                                                                                                    approved collections of information                          notification submissions, have been
                                              controls appear in the regulation
                                                                                                                    found in other FDA regulations. These                        approved under OMB control number
                                              codified by this order. This device is
sradovich on DSK3GMQ082PROD with RULES




                                              subject to premarket notification                                     collections of information are subject to                    0910–0120; and the collections of
                                              requirements under section 510(k) of the                              review by the Office of Management and                       information in 21 CFR parts 801 and
                                              FD&C Act.                                                             Budget (OMB) under the Paperwork                             809, regarding labeling have been
                                                                                                                    Reduction Act of 1995 (44 U.S.C. 3501–                       approved under OMB control number
                                              III. Analysis of Environmental Impact                                 3520). The collections of information in                     0910–0485.
                                                 The Agency has determined under 21                                 the guidance document ‘‘De Novo
                                              CFR 25.34(b) that this action is of a type                            Classification Process (Evaluation of


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                                              50532            Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations

                                              List of Subjects in 21 CFR Part 866                          (iii) Information that demonstrates the            labeling must include an indication for
                                                Biologics, Laboratories, Medical                        performance characteristics of the test,              use statement that reads ‘‘This test is not
                                              devices.                                                  including:                                            intended for the diagnosis of CML’’; and
                                                                                                           (A) For indications for use based on                  (ii) A detailed description of the
                                                Therefore, under the Federal Food,
                                                                                                        a threshold established in a predicate                performance studies conducted to
                                              Drug, and Cosmetic Act and under
                                                                                                        device of this generic type, device                   comply with paragraph (b)(1)(iii) of this
                                              authority delegated to the Commissioner
                                                                                                        performance data from either a method                 section and a summary of the results.
                                              of Food and Drugs, 21 CFR part 866 is
                                                                                                        comparison study to the predicate                        (3) Your device output must include
                                              amended as follows:
                                                                                                        device or through a clinical study                    results on the International Scale (IS)
                                              PART 866—IMMUNOLOGY AND                                   demonstrating clinical validity using                 and your assay must include multipoint
                                              MICROBIOLOGY DEVICES                                      well-characterized prospectively or                   calibration controls traceable to a
                                                                                                        retrospectively obtained clinical                     relevant international reference panel
                                              ■ 1. The authority citation for part 866                  specimens, as appropriate,                            (e.g., the World Health Organization
                                              continues to read as follows:                             representative of the intended use                    International Genetic Reference Panel
                                                Authority: 21 U.S.C. 351, 360, 360c, 360e,              population;                                           for quantitation of BCR–ABL mRNA).
                                              360j, 360l, 371.                                             (B) For indications for use based on a               Dated: October 26, 2017.
                                              ■ 2. Add § 866.6060 to subpart G to read                  threshold not established in a predicate
                                                                                                                                                              Lauren Silvis,
                                              as follows:                                               device of this generic type, device
                                                                                                        performance data from a clinical study                Chief of Staff.
                                              § 866.6060       BCR–ABL quantitation test.               demonstrating clinical validity using                 [FR Doc. 2017–23742 Filed 10–31–17; 8:45 am]
                                                 (a) Identification. A BCR–ABL                          well-characterized prospectively or                   BILLING CODE 4164–01–P

                                              quantitation test is identified as a                      retrospectively obtained clinical
                                              reverse transcription-quantitative                        specimens, as appropriate,
                                              polymerase chain reaction (RT-qPCR)                       representative of the intended use                    DEPARTMENT OF THE INTERIOR
                                              test for the quantitation of BCR–ABL1                     population;
                                              expressed on the International Scale (IS)                    (C) Device reproducibility data                    25 CFR Chapters I through III and V
                                              and control transcripts in total RNA                      generated, using a minimum of three                   through VII
                                              from whole blood of diagnosed t(9;22)                     sites, of which at least two sites must be
                                              positive chronic myeloid leukemia                         external sites, with two operators at                 30 CFR Chapters II, IV, V, VII, and XII
                                              (CML) patients during monitoring of                       each site. Each site must conduct a
                                              treatment with tyrosine kinase                            minimum of three runs per operator                    36 CFR Chapter I
                                              inhibitors. This test is not intended for                 over non-consecutive days evaluating a
                                              the diagnosis of CML.                                     minimum of five different BCR–ABL                     43 CFR Subtitles A and B
                                                 (b) Classification. Class II (special                  concentrations that span and are well
                                              controls). The special controls for this                  distributed over the measuring range                  50 CFR Chapters I and IV
                                              device are:                                               and include MR3 (0.1 percent IS).                     [178D0102DM, DS6CS00000,
                                                 (1) Premarket notification                             Results shall be reported as the standard             DLSN00000.000000, DX.6CS25]
                                              submissions must include the following                    deviation and percentage coefficient of
                                              information:                                              variation for each level tested.                      Final Report: Review of the
                                                 (i) The indication for use must                        Prespecified acceptance criteria must be              Department of the Interior Actions That
                                              indicate the variant(s) for which the                     provided and followed;                                Potentially Burden Domestic Energy
                                              assay was designed and validated, for                        (D) Device precision data using
                                              example BCR–ABL e13a2 and/or e14a2.                       clinical samples to evaluate the within-              AGENCY:   Office of the Secretary, Interior.
                                                 (ii) A detailed description of all                     lot, between-lot, within-run, between                 ACTION:   Availability of Final Report.
                                              components in the test, including the                     run, and total variation;
                                              following:                                                   (E) Device linearity data using a                  SUMMARY:    The Department of the
                                                 (A) A detailed description of the test                 dilution panel created from clinical                  Interior (Interior or the Department) is
                                              components, all required reagents,                        samples;                                              announcing the availability of and
                                              instrumentation and equipment,                               (F) Device analytic sensitivity data,              publishing in its entirety the Final
                                              including illustrations or photographs of                 including limit of blank, limit of                    Report: Review of the Department of the
                                              non-standard equipment or methods;                        detection, and limit of quantification;               Interior Actions that Potentially Burden
                                                 (B) Detailed documentation of the                         (G) Device specificity data, including             Domestic Energy prepared pursuant to
                                              device software including, but not                        interference and cross-contamination;                 Executive Order 13783, ‘‘Promoting
                                              limited to, standalone software                           and                                                   Energy Independence and Economic
                                              applications and hardware-based                              (H) Device stability data, including               Growth.’’
                                              devices that incorporate software;                        real-time stability of samples under                  DATES: November 1, 2017.
                                                 (C) Methodology and protocols for                      various storage times, temperatures, and              ADDRESSES:   The report is available
                                              control procedures for the assay to allow                 freeze-thaw conditions.                               online at: https://www.doi.gov/sites/
                                              reporting on the International Scale;                        (iv) Identification of risk mitigation
                                                                                                                                                              doi.gov/files/uploads/interior_energy_
                                                 (D) A description of the result                        elements used by your device, including
                                                                                                                                                              actions_report_final.pdf.
                                              outputs, analytical sensitivity of the                    a detailed description of all additional
                                              assay, and the range of values that will                  procedures, methods, and practices                    FOR FURTHER INFORMATION CONTACT:
sradovich on DSK3GMQ082PROD with RULES




                                              be reported; and                                          incorporated into the instructions for                Mark Lawyer, 202–208–5257, mark_
                                                 (E) A description of appropriate                       use that mitigate risks associated with               lawyer@ios.doi.gov.
                                              internal and external controls that are                   testing using your device.                            SUPPLEMENTARY INFORMATION: Executive
                                              recommended or provided. The                                 (2) Your 21 CFR 809.10 compliant                   Order 13783, ‘‘Promoting Energy
                                              description must identify those control                   labeling must include the following:                  Independence and Economic Growth,’’
                                              elements that are incorporated into the                      (i) The intended use in your 21 CFR                82 FR 16093 (March 31, 2017), declared
                                              testing procedure.                                        809.10(a)(2) and (b)(2) complaint                     a national policy of promoting clean and


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Document Created: 2017-11-01 02:02:54
Document Modified: 2017-11-01 02:02:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order.
DatesThis order is effective November 1, 2017. The classification was applicable on July 22, 2016.
ContactRyan Lubert, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4545, Silver Spring, MD 20993-0002, 240-402-6357, [email protected]
FR Citation82 FR 50530 
CFR AssociatedBiologics; Laboratories and Medical Devices

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