82_FR_51772 82 FR 51558 - Medical Devices; Clinical Chemistry and Clinical Toxicology Devices; Classification of the Total 25-Hydroxyvitamin D Mass Spectrometry Test System

82 FR 51558 - Medical Devices; Clinical Chemistry and Clinical Toxicology Devices; Classification of the Total 25-Hydroxyvitamin D Mass Spectrometry Test System

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51558-51560
FR Document2017-24161

The Food and Drug Administration (FDA, the Agency, or we) is classifying the total 25-hydroxyvitamin D mass spectrometry test system 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 total 25-hydroxyvitamin D mass spectrometry test system'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 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Rules and Regulations]
[Pages 51558-51560]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24161]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 862

[Docket No. FDA-2017-N-4394]


Medical Devices; Clinical Chemistry and Clinical Toxicology 
Devices; Classification of the Total 25-Hydroxyvitamin D Mass 
Spectrometry Test System

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
classifying the total 25-hydroxyvitamin D mass spectrometry test system 
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 total 25-hydroxyvitamin D mass spectrometry 
test system'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 7, 2017. The classification was 
applicable on May 18, 2017.

FOR FURTHER INFORMATION CONTACT: Steven Tjoe, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 4550, Silver Spring, MD 20993-0002, 301-796-5866, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the total 25-hydroxyvitamin D mass 
spectrometry test system 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 to a predicate device that does not require 
premarket approval (see 21 U.S.C. 360c(i)). 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 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 PMA 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 March 20, 2017, AB Sciex LLC submitted a request for De Novo 
classification of the Vitamin D 200M Assay for the Topaz System. 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 generals 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 the 
general controls, will provide reasonable

[[Page 51559]]

assurance of the safety and effectiveness of the device.
    Therefore, on May 18, 2017, FDA issued an order to the requester 
classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 862.1840. We have named 
the generic type of device total 25-hydroxyvitamin D mass spectrometry 
test system, and it is identified as a device intended for use in 
clinical laboratories for the quantitative determination of total 25-
hydroxyvitamin D (25-OH-D) in serum or plasma to be used in the 
assessment of vitamin D sufficiency.
    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--Total 25-hydroxyvitamin D Mass Spectrometry Test System Risks
                         and Mitigation Measures
------------------------------------------------------------------------
            Identified risk                    Mitigation measures
------------------------------------------------------------------------
Clinical action based on falsely         General controls; Special
 elevated inaccurate Vitamin D results    control (1) (21 CFR
 may lead to unnecessary                  862.1840(b)(1)); and, Special
 supplementation of Vitamin D.            control (2) (21 CFR
                                          862.1840(b)(2)).
Clinical action based on falsely low     General controls; Special
 inaccurate Vitamin D results may lead    control (1) (21 CFR
 to a delay in supplementation of         862.1840(b)(1)); and, Special
 Vitamin D.                               control (2) (21 CFR
                                          862.1840(b)(2)).
Clinical action based on                 General controls; and, Special
 uninterpretable results due to lack of   control (3) (21 CFR
 established device specific reference    862.1840(b)(3)).
 range values for the representative
 population.
Clinical action based on the             General controls; and, Special
 misinterpretation of Vitamin D2 or       control (4) (21 CFR
 Vitamin D3 results as total Vitamin D    862.1840(b)(4)).
 results.
------------------------------------------------------------------------

    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).
    Section 510(m)(2) of the FD&C Act provides that FDA may exempt a 
class II device from the premarket notification requirements under 
section 510(k) if, after notice of our intent to exempt and 
consideration of comments, we determine by order that premarket 
notification is not necessary to provide reasonable assurance of safety 
and effectiveness of the device. We believe this may be such a device. 
The notice of intent to exempt the device from premarket notification 
requirements is published elsewhere in this issue of the Federal 
Register.

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 
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.

List of Subjects in 21 CFR Part 862

    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 
862 is amended as follows:

PART 862--CLINICAL CHEMISTRY AND CLINICAL TOXICOLOGY DEVICES

0
1. The authority citation for part 862 continues to read as follows:

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


0
2. Add Sec.  862.1840 to subpart B to read as follows:


Sec.  862.1840  Total 25-hydroxyvitamin D mass spectrometry test 
system.

    (a) Identification. A total 25-hydroxyvitamin D mass spectrometry 
test system is a device intended for use in clinical laboratories for 
the quantitative determination of total 25-hydroxyvitamin D (25-OH-D) 
in serum or plasma to be used in the assessment of vitamin D 
sufficiency.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) The device must have initial and annual standardization 
verification by a certifying vitamin D standardization organization 
deemed acceptable by FDA.
    (2) The 21 CFR 809.10(b) compliant labeling must include detailed 
descriptions of performance testing conducted to evaluate precision, 
accuracy, linearity, interference, including the following:
    (i) Performance testing of device precision must, at a minimum, use 
intended sample type with Vitamin D concentrations at medically 
relevant decision points. At least one sample in the precision studies 
must be an unmodified patient sample. This testing must evaluate 
repeatability and reproducibility using a protocol from an FDA-
recognized standard.
    (ii) Performance testing of device accuracy must include a minimum 
of 115 serum or plasma samples that span the measuring interval of the 
device and compare results of the new device to results of a reference 
method or a legally marketed standardized mass spectrometry based 
vitamin D assay. The results must be described in the 21 CFR 
809.10(b)(12) compliant labeling of the device.
    (iii) Interference from vitamin D analogs and metabolites including 
vitamin D2, vitamin D3, 1-hydroxyvitamin D2, 1-hydroxyvitamin D3, 3-
Epi-25-Hydroxyvitamin D2, 3-Epi-25-Hydroxyvitamin D3, 1,25-
Dihydroxyvitamin D2, 1,25-Dihydroxyvitamin D3, 3-Epi-1,25-
Dihydroxyvitamin D2, and 3-Epi-1,25-Dihydroxyvitamin D3, 25, 26-
Dihydroxyvitamin-D3, 24 (R), 25-dihydroxyvitamin-D3, 23 (R), 25-
dihydroxyvitamin-D3 must be described in the 21 CFR 809.10(b)(7) 
compliant labeling of the device.
    (3) The 21 CFR 809.10(b) compliant labeling must be supported by a 
reference range study representative of

[[Page 51560]]

the performance of the device. The study must be conducted using 
samples collected from apparently healthy male and female adults at 
least 21 years of age and older from at least 3 distinct climatic 
regions within the United States in different weather seasons. The 
ethnic, racial, and gender background of this study population must be 
representative of the U.S. population demographics.
    (4) The results of the device as provided in the 21 CFR 809.10(b) 
compliant labeling and any test report generated must be reported as 
only total 25-hydroxyvitamin D.

    Dated: October 31, 2017.
Lauren Silvis,
Chief of Staff.
[FR Doc. 2017-24161 Filed 11-6-17; 8:45 am]
BILLING CODE 4164-01-P



                                              51558            Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations

                                              and Cosmetic Act unless added color is                  Ave., Bldg. 66, Rm. 4550, Silver Spring,              receiving an order from FDA classifying
                                              authorized by such standards.                           MD 20993–0002, 301–796–5866,                          the device into class III under section
                                                (d) Labeling requirements. The label                  steven.tjoe@fda.hhs.gov.                              513(f)(1) of the FD&C Act, the person
                                              of the color additive and of any                        SUPPLEMENTARY INFORMATION:                            then requests a classification under
                                              mixtures prepared therefrom intended                                                                          section 513(f)(2).
                                              solely or in part for coloring purposes                 I. Background                                            Under the second procedure, rather
                                              must conform to the requirements of                        Upon request, FDA has classified the               than first submitting a 510(k) and then
                                              § 70.25 of this chapter.                                total 25-hydroxyvitamin D mass                        a request for classification, if the person
                                                (e) Exemption from certification.                     spectrometry test system as class II                  determines that there is no legally
                                              Certification of this color additive is not             (special controls), which we have                     marketed device upon which to base a
                                              necessary for the protection of the                     determined will provide a reasonable                  determination of substantial
                                              public health, and, therefore, batches                  assurance of safety and effectiveness. In             equivalence, that person requests a
                                              thereof are exempt from the certification               addition, we believe this action will                 classification under section 513(f)(2) of
                                              requirements of section 721(c) of the                   enhance patients’ access to beneficial                the FD&C Act.
                                              Federal Food, Drug, and Cosmetic Act.                   innovation, in part by reducing                          Under either procedure for De Novo
                                                                                                      regulatory burdens by placing the                     classification, FDA is required to
                                                Dated: November 1, 2017.
                                                                                                      device into a lower device class than the             classify the device by written order
                                              Anna K. Abram,                                                                                                within 120 days. The classification will
                                                                                                      automatic class III assignment.
                                              Deputy Commissioner for Policy, Planning,                  The automatic assignment of class III              be according to the criteria under
                                              Legislation, and Analysis.                              occurs by operation of law and without                section 513(a)(1) of the FD&C Act.
                                              [FR Doc. 2017–24194 Filed 11–6–17; 8:45 am]             any action by FDA, regardless of the                  Although the device was automatically
                                              BILLING CODE 4164–01–P                                  level of risk posed by the new device.                within class III, the De Novo
                                                                                                      Any device that was not in commercial                 classification is considered to be the
                                                                                                      distribution before May 28, 1976, is                  initial classification of the device.
                                              DEPARTMENT OF HEALTH AND                                automatically classified as, and remains                 We believe this De Novo classification
                                              HUMAN SERVICES                                          within, class III and requires premarket              will enhance patients’ access to
                                                                                                      approval unless and until FDA takes an                beneficial innovation, in part by
                                              Food and Drug Administration                            action to classify or reclassify the device           reducing regulatory burdens. When FDA
                                                                                                      (see 21 U.S.C. 360c(f)(1)). We refer to               classifies a device into class I or II via
                                              21 CFR Part 862                                         these devices as ‘‘postamendments                     the De Novo process, the device can
                                              [Docket No. FDA–2017–N–4394]                            devices’’ because they were not in                    serve as a predicate for future devices of
                                                                                                      commercial distribution prior to the                  that type, including for 510(k)s (see 21
                                              Medical Devices; Clinical Chemistry                     date of enactment of the Medical Device               U.S.C. 360c(f)(2)(B)(i)). As a result, other
                                              and Clinical Toxicology Devices;                        Amendments of 1976, which amended                     device sponsors do not have to submit
                                              Classification of the Total 25-                         the Federal Food, Drug, and Cosmetic                  a De Novo request or PMA in order to
                                              Hydroxyvitamin D Mass Spectrometry                      Act (the FD&C Act).                                   market a substantially equivalent device
                                              Test System                                                FDA may take a variety of actions in               (see 21 U.S.C. 360c(i), defining
                                                                                                      appropriate circumstances to classify or              ‘‘substantial equivalence’’). Instead,
                                              AGENCY:    Food and Drug Administration,
                                                                                                      reclassify a device into class I or II. We            sponsors can use the less-burdensome
                                              HHS.                                                    may issue an order finding a new device               510(k) process, when necessary, to
                                              ACTION:   Final order.                                  to be substantially equivalent under                  market their device.
                                              SUMMARY:   The Food and Drug                            section 513(i) of the FD&C Act to a
                                                                                                      predicate device that does not require                II. De Novo Classification
                                              Administration (FDA, the Agency, or                                                                              On March 20, 2017, AB Sciex LLC
                                                                                                      premarket approval (see 21 U.S.C.
                                              we) is classifying the total 25-                                                                              submitted a request for De Novo
                                                                                                      360c(i)). We determine whether a new
                                              hydroxyvitamin D mass spectrometry                                                                            classification of the Vitamin D 200M
                                                                                                      device is substantially equivalent to a
                                              test system into class II (special                                                                            Assay for the Topaz System. FDA
                                                                                                      predicate by means of the procedures
                                              controls). The special controls that                                                                          reviewed the request in order to classify
                                                                                                      for premarket notification under section
                                              apply to the device type are identified                                                                       the device under the criteria for
                                                                                                      510(k) of the FD&C Act and part 807 (21
                                              in this order and will be part of the                                                                         classification set forth in section
                                                                                                      U.S.C. 360(k) and 21 CFR part 807,
                                              codified language for the total 25-                                                                           513(a)(1) of the FD&C Act.
                                                                                                      respectively).
                                              hydroxyvitamin D mass spectrometry                         FDA may also classify a device                        We classify devices into class II if
                                              test system’s classification. We are                    through ‘‘De Novo’’ classification, a                 general controls by themselves are
                                              taking this action because we have                      common name for the process                           insufficient to provide reasonable
                                              determined that classifying the device                  authorized under section 513(f)(2) of the             assurance of safety and effectiveness,
                                              into class II (special controls) will                   FD&C Act. Section 207 of the Food and                 but there is sufficient information to
                                              provide a reasonable assurance of safety                Drug Administration Modernization Act                 establish special controls that, in
                                              and effectiveness of the device. We                     of 1997 established the first procedure               combination with the generals controls,
                                              believe this action will also enhance                   for De Novo classification (Pub. L. 105–              provide reasonable assurance of the
                                              patients’ access to beneficial innovative               115). Section 607 of the Food and Drug                safety and effectiveness of the device for
                                              devices, in part by reducing regulatory                 Administration Safety and Innovation                  its intended use (see 21 U.S.C.
                                              burdens.                                                Act modified the De Novo application                  360c(a)(1)(B)). After review of the
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                                              DATES: This order is effective November                 process by adding a second procedure                  information submitted in the request,
                                              7, 2017. The classification was                         (Pub. L. 112–144). A device sponsor                   we determined that the device can be
                                              applicable on May 18, 2017.                             may utilize either procedure for De                   classified into class II with the
                                              FOR FURTHER INFORMATION CONTACT:                        Novo classification.                                  establishment of special controls. FDA
                                              Steven Tjoe, Center for Devices and                        Under the first procedure, the person              has determined that these special
                                              Radiological Health, Food and Drug                      submits a 510(k) for a device that has                controls, in addition to the general
                                              Administration, 10903 New Hampshire                     not previously been classified. After                 controls, will provide reasonable


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                                                               Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations                                           51559

                                              assurance of the safety and effectiveness               have named the generic type of device                 or plasma to be used in the assessment
                                              of the device.                                          total 25-hydroxyvitamin D mass                        of vitamin D sufficiency.
                                                 Therefore, on May 18, 2017, FDA                      spectrometry test system, and it is                      FDA has identified the following risks
                                              issued an order to the requester                        identified as a device intended for use               to health associated specifically with
                                              classifying the device into class II. FDA               in clinical laboratories for the                      this type of device and the measures
                                              is codifying the classification of the                  quantitative determination of total 25-               required to mitigate these risks in table
                                              device by adding 21 CFR 862.1840. We                    hydroxyvitamin D (25–OH–D) in serum                   1.

                                                    TABLE 1—TOTAL 25-HYDROXYVITAMIN D MASS SPECTROMETRY TEST SYSTEM RISKS AND MITIGATION MEASURES
                                                                              Identified risk                                                                Mitigation measures

                                              Clinical action based on falsely elevated inaccurate Vitamin D results               General controls; Special control (1) (21 CFR 862.1840(b)(1)); and,
                                                may lead to unnecessary supplementation of Vitamin D.                               Special control (2) (21 CFR 862.1840(b)(2)).
                                              Clinical action based on falsely low inaccurate Vitamin D results may                General controls; Special control (1) (21 CFR 862.1840(b)(1)); and,
                                                lead to a delay in supplementation of Vitamin D.                                    Special control (2) (21 CFR 862.1840(b)(2)).
                                              Clinical action based on uninterpretable results due to lack of estab-               General controls; and, Special control (3) (21 CFR 862.1840(b)(3)).
                                                lished device specific reference range values for the representative
                                                population.
                                              Clinical action based on the misinterpretation of Vitamin D2 or Vitamin              General controls; and, Special control (4) (21 CFR 862.1840(b)(4)).
                                                D3 results as total Vitamin D results.



                                                 FDA has determined that special                      Budget (OMB) under the Paperwork                      organization deemed acceptable by
                                              controls, in combination with the                       Reduction Act of 1995 (44 U.S.C. 3501–                FDA.
                                              general controls, address these risks to                3520). The collections of information in                (2) The 21 CFR 809.10(b) compliant
                                              health and provide reasonable assurance                 part 807, subpart E, regarding premarket              labeling must include detailed
                                              of safety and effectiveness. In order for               notification submissions have been                    descriptions of performance testing
                                              a device to fall within this classification,            approved under OMB control number                     conducted to evaluate precision,
                                              and thus avoid automatic classification                 0910–0120, and the collections of                     accuracy, linearity, interference,
                                              in class III, it would have to comply                   information in 21 CFR parts 801 and                   including the following:
                                              with the special controls named in this                 809, regarding labeling have been                       (i) Performance testing of device
                                              final order. The necessary special                      approved under OMB control number                     precision must, at a minimum, use
                                              controls appear in the regulation                       0910–0485.                                            intended sample type with Vitamin D
                                              codified by this order. This device is                                                                        concentrations at medically relevant
                                                                                                      List of Subjects in 21 CFR Part 862                   decision points. At least one sample in
                                              subject to premarket notification
                                              requirements under section 510(k).                        Medical devices.                                    the precision studies must be an
                                                 Section 510(m)(2) of the FD&C Act                      Therefore, under the Federal Food,                  unmodified patient sample. This testing
                                              provides that FDA may exempt a class                    Drug, and Cosmetic Act and under                      must evaluate repeatability and
                                              II device from the premarket notification               authority delegated to the Commissioner               reproducibility using a protocol from an
                                              requirements under section 510(k) if,                   of Food and Drugs, 21 CFR part 862 is                 FDA-recognized standard.
                                              after notice of our intent to exempt and                amended as follows:                                     (ii) Performance testing of device
                                              consideration of comments, we                                                                                 accuracy must include a minimum of
                                              determine by order that premarket                       PART 862—CLINICAL CHEMISTRY                           115 serum or plasma samples that span
                                              notification is not necessary to provide                AND CLINICAL TOXICOLOGY                               the measuring interval of the device and
                                              reasonable assurance of safety and                      DEVICES                                               compare results of the new device to
                                              effectiveness of the device. We believe                                                                       results of a reference method or a legally
                                              this may be such a device. The notice                   ■ 1. The authority citation for part 862              marketed standardized mass
                                              of intent to exempt the device from                     continues to read as follows:                         spectrometry based vitamin D assay.
                                              premarket notification requirements is                    Authority: 21 U.S.C. 351, 360, 360c, 360e,          The results must be described in the 21
                                              published elsewhere in this issue of the                360j, 360l, 371.                                      CFR 809.10(b)(12) compliant labeling of
                                              Federal Register.                                       ■ 2. Add § 862.1840 to subpart B to read              the device.
                                                                                                      as follows:                                             (iii) Interference from vitamin D
                                              III. Analysis of Environmental Impact                                                                         analogs and metabolites including
                                                 The Agency has determined under 21                   § 862.1840 Total 25-hydroxyvitamin D                  vitamin D2, vitamin D3, 1-
                                              CFR 25.34(b) that this action is of a type              mass spectrometry test system.                        hydroxyvitamin D2, 1-hydroxyvitamin
                                              that does not individually or                             (a) Identification. A total 25-                     D3, 3-Epi-25-Hydroxyvitamin D2, 3-Epi-
                                              cumulatively have a significant effect on               hydroxyvitamin D mass spectrometry                    25-Hydroxyvitamin D3, 1,25-
                                              the human environment. Therefore,                       test system is a device intended for use              Dihydroxyvitamin D2, 1,25-
                                              neither an environmental assessment                     in clinical laboratories for the                      Dihydroxyvitamin D3, 3-Epi-1,25-
                                              nor an environmental impact statement                   quantitative determination of total 25-               Dihydroxyvitamin D2, and 3-Epi-1,25-
                                              is required.                                            hydroxyvitamin D (25–OH–D) in serum                   Dihydroxyvitamin D3, 25, 26-
                                                                                                      or plasma to be used in the assessment                Dihydroxyvitamin-D3, 24 (R), 25-
                                              IV. Paperwork Reduction Act of 1995
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                                                                                                      of vitamin D sufficiency.                             dihydroxyvitamin-D3, 23 (R), 25-
                                                This final order establishes special                    (b) Classification. Class II (special               dihydroxyvitamin-D3 must be described
                                              controls that refer to previously                       controls). The special controls for this              in the 21 CFR 809.10(b)(7) compliant
                                              approved collections of information                     device are:                                           labeling of the device.
                                              found in other FDA regulations. These                     (1) The device must have initial and                  (3) The 21 CFR 809.10(b) compliant
                                              collections of information are subject to               annual standardization verification by a              labeling must be supported by a
                                              review by the Office of Management and                  certifying vitamin D standardization                  reference range study representative of


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                                              51560            Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations

                                              the performance of the device. The                      SUPPLEMENTARY INFORMATION:                            then requests a classification under
                                              study must be conducted using samples                                                                         section 513(f)(2).
                                                                                                      I. Background
                                              collected from apparently healthy male                                                                           Under the second procedure, rather
                                              and female adults at least 21 years of age                 Upon request, FDA has classified the               than first submitting a 510(k) and then
                                              and older from at least 3 distinct                      genetic health risk assessment system as              a request for classification, if the person
                                              climatic regions within the United                      class II (special controls), which we                 determines that there is no legally
                                              States in different weather seasons. The                have determined will provide a                        marketed device upon which to base a
                                              ethnic, racial, and gender background of                reasonable assurance of safety and                    determination of substantial
                                              this study population must be                           effectiveness. In addition, we believe                equivalence, that person requests a
                                              representative of the U.S. population                   this action will enhance patients’ access             classification under section 513(f)(2) of
                                              demographics.                                           to beneficial innovation, in part by                  the FD&C Act.
                                                 (4) The results of the device as                     reducing regulatory burdens by placing                   Under either procedure for De Novo
                                              provided in the 21 CFR 809.10(b)                        the device into a lower device class than             classification, FDA is required to
                                              compliant labeling and any test report                  the automatic class III assignment.                   classify the device by written order
                                              generated must be reported as only total                   The automatic assignment of class III
                                                                                                                                                            within 120 days. The classification will
                                              25-hydroxyvitamin D.                                    occurs by operation of law and without
                                                                                                                                                            be according to the criteria under
                                                                                                      any action by FDA, regardless of the
                                                Dated: October 31, 2017.                                                                                    section 513(a)(1) of the FD&C Act.
                                                                                                      level of risk posed by the new device.
                                              Lauren Silvis,                                                                                                Although the device was automatically
                                                                                                      Any device that was not in commercial
                                              Chief of Staff.                                                                                               within class III, the De Novo
                                                                                                      distribution before May 28, 1976, is
                                              [FR Doc. 2017–24161 Filed 11–6–17; 8:45 am]             automatically classified as, and remains              classification is considered to be the
                                                                                                      within, class III and requires premarket              initial classification of the device.
                                              BILLING CODE 4164–01–P
                                                                                                      approval unless and until FDA takes an                   We believe this De Novo classification
                                                                                                      action to classify or reclassify the device           will enhance patients’ access to
                                              DEPARTMENT OF HEALTH AND                                (see section 513(f)(1) of the Federal                 beneficial innovation, in part by
                                              HUMAN SERVICES                                          Food, Drug, and Cosmetic Act (the                     reducing regulatory burdens. When FDA
                                                                                                      FD&C Act) (21 U.S.C. 360c(f)(1))). We                 classifies a device into class I or II via
                                              Food and Drug Administration                            refer to these devices as                             the De Novo process, the device can
                                                                                                      ‘‘postamendments devices’’ because                    serve as a predicate for future devices of
                                              21 CFR Part 866                                         they were not in commercial                           that type, including for 510(k)s (see 21
                                                                                                      distribution prior to the date of                     U.S.C. 360c(f)(2)(B)(i)). As a result, other
                                              [Docket No. FDA–2017–N–4341]
                                                                                                      enactment of the Medical Device                       device sponsors do not have to submit
                                              Medical Devices; Immunology and                         Amendments of 1976, which amended                     a De Novo request or PMA in order to
                                              Microbiology Devices; Classification of                 the FD&C Act.                                         market a substantially equivalent device
                                              the Genetic Health Risk Assessment                         FDA may take a variety of actions in               (see 21 U.S.C. 360c(i), defining
                                              System                                                  appropriate circumstances to classify or              ‘‘substantial equivalence’’). Instead,
                                                                                                      reclassify a device into class I or II. We            sponsors can use the less-burdensome
                                              AGENCY:    Food and Drug Administration,                may issue an order finding a new device               510(k) process, when necessary, to
                                              HHS.                                                    to be substantially equivalent under                  market their device.
                                              ACTION:   Final order.                                  section 513(i) of the FD&C Act to a                   II. De Novo Classification
                                                                                                      predicate device that does not require
                                              SUMMARY:   The Food and Drug                                                                                     On June 28, 2016, 23andMe, Inc.
                                                                                                      premarket approval. We determine
                                              Administration (FDA, the Agency, or                                                                           submitted a request for De Novo
                                                                                                      whether a new device is substantially
                                              we) is classifying the genetic health risk                                                                    classification of the 23andMe Personal
                                                                                                      equivalent to a predicate by means of
                                              assessment system into class II (special                                                                      Genome Service (PGS) Test. FDA
                                                                                                      the procedures for premarket
                                              controls). The special controls that                                                                          reviewed the request in order to classify
                                                                                                      notification under section 510(k) of the
                                              apply to the device type are identified                                                                       the device under the criteria for
                                                                                                      FD&C Act and part 807 (21 U.S.C. 360(k)
                                              in this order and will be part of the                                                                         classification set forth in section
                                                                                                      and 21 CFR part 807, respectively).
                                              codified language for the genetic health                   FDA may also classify a device                     513(a)(1) of the FD&C Act.
                                              risk assessment system’s classification.                through ‘‘De Novo’’ classification, a                    We classify devices into class II if
                                              We are taking this action because we                    common name for the process                           general controls by themselves are
                                              have determined that classifying the                    authorized under section 513(f)(2) of the             insufficient to provide reasonable
                                              device into class II (special controls)                 FD&C Act. Section 207 of the Food and                 assurance of safety and effectiveness,
                                              will provide a reasonable assurance of                  Drug Administration Modernization Act                 but there is sufficient information to
                                              safety and effectiveness of the device.                 of 1997 established the first procedure               establish special controls that, in
                                              We believe this action will also enhance                for De Novo classification (Pub. L. 105–              combination with the general controls,
                                              patients’ access to beneficial innovative               115). Section 607 of the Food and Drug                provide reasonable assurance of the
                                              devices, in part by reducing regulatory                 Administration Safety and Innovation                  safety and effectiveness of the device for
                                              burdens.                                                Act modified the De Novo application                  its intended use (see 21 U.S.C.
                                              DATES: This order is effective November                 process by adding a second procedure                  360c(a)(1)(B)). After review of the
                                              7, 2017. The classification was                         (Pub. L. 112–144). A device sponsor                   information submitted in the request,
                                              applicable on April 6, 2017.                            may utilize either procedure for De                   we determined that the device can be
nshattuck on DSK9F9SC42PROD with RULES




                                              FOR FURTHER INFORMATION CONTACT:                        Novo classification.                                  classified into class II with the
                                              Steven Tjoe, Center for Devices and                        Under the first procedure, the person              establishment of special controls. FDA
                                              Radiological Health, Food and Drug                      submits a 510(k) for a device that has                has determined that these special
                                              Administration, 10903 New Hampshire                     not previously been classified. After                 controls, in addition to the general
                                              Ave., Bldg. 66, Rm. 4550, Silver Spring,                receiving an order from FDA classifying               controls, will provide reasonable
                                              MD 20993–0002, 301–796–5866,                            the device into class III under section               assurance of the safety and effectiveness
                                              steven.tjoe@fda.hhs.gov.                                513(f)(1) of the FD&C Act, the person                 of the device.


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Document Created: 2018-10-25 10:26:21
Document Modified: 2018-10-25 10:26:21
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 7, 2017. The classification was applicable on May 18, 2017.
ContactSteven Tjoe, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4550, Silver Spring, MD 20993-0002, 301-796-5866, [email protected]
FR Citation82 FR 51558 

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