82_FR_51847 82 FR 51633 - Medical Devices; Exemptions From Premarket Notification: Class II Devices; Request for Comments

82 FR 51633 - Medical Devices; Exemptions From Premarket Notification: Class II Devices; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range51633-51635
FR Document2017-24163

The Food and Drug Administration (FDA or the Agency) is announcing its intent to exempt a list of class II devices from premarket notification requirements, subject to certain limitations. The Agency has determined that, based on established factors, these devices no longer require premarket notification to provide reasonable assurance of safety and effectiveness. FDA is publishing this notice to obtain comments regarding the proposed exemptions, in accordance with the Federal Food, Drug, and Cosmetic Act (the FD&C Act).

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51633-51635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24163]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1129]


Medical Devices; Exemptions From Premarket Notification: Class II 
Devices; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing its intent to exempt a list of class II devices from 
premarket notification requirements, subject to certain limitations. 
The Agency has determined that, based on established factors, these 
devices no longer require premarket notification to provide reasonable 
assurance of safety and effectiveness. FDA is publishing this notice to 
obtain comments regarding the proposed exemptions, in accordance with 
the Federal Food, Drug, and Cosmetic Act (the FD&C Act).

DATES: Submit either electronic or written comments on the notice by 
January 8, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before January 8, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of January 8, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2017-N-1129 for ``Medical Devices; Exemptions from Premarket 
Notification: Class II Devices; Request for Comments.'' Received 
comments, those filed in a timely manner (see ADDRESSES), will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

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

SUPPLEMENTARY INFORMATION :

I. Statutory Background

    Section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and the 
implementing regulations, 21 CFR part 807 subpart E, require persons 
who intend to market a new device to submit and obtain clearance of a 
premarket notification (510(k)) containing information that allows FDA 
to determine whether the new device is ``substantially equivalent'' 
within the meaning of section 513(i) of the FD&C Act to a legally 
marketed device that does not require premarket approval.
    The 21st Century Cures Act (Cures Act) (Pub. L. 114-255) was signed 
into law on December 13, 2016. Section 3054 of the Cures Act amended 
section 510(m) of the FD&C Act. As amended,

[[Page 51634]]

section 510(m)(1)(A) of the FD&C Act requires FDA to publish in the 
Federal Register a notice containing a list of each type of class II 
device that FDA determines no longer requires a report under section 
510(k) of the FD&C Act to provide reasonable assurance of safety and 
effectiveness. FDA is required to publish this notice within 90 days of 
the date of enactment of the Cures Act and at least once every 5 years 
thereafter, as FDA determines appropriate. Additionally, FDA must 
provide at least a 60-day comment period for any such notice required 
to be published under section 510(m)(1)(A) of the FD&C Act. FDA 
published this notice in the Federal Register of March 14, 2017 (82 FR 
13609). Under section 510(m)(1)(B) of the FD&C Act, FDA must publish in 
the Federal Register, within 210 days of enactment of the Cures Act, a 
list representing its final determination regarding the exemption of 
the devices that were contained in the list published under section 
510(m)(1)(A). FDA published that list in the Federal Register of July 
11, 2017 (82 FR 31976).
    As amended, section 510(m)(2) of the FD&C Act provides that, 1 day 
after the date of publication of the final list under section 
510(m)(1), FDA may exempt a class II device from the requirement to 
submit a report under section 510(k) of the FD&C Act upon its own 
initiative or a petition of an interested person, if FDA determines 
that a report under section 510(k) is not necessary to assure the 
safety and effectiveness of the device. To do so, FDA must publish in 
the Federal Register a notice of its intent to exempt the device, or of 
the petition, and provide a 60-day period for public comment. Within 
120 days after the issuance of this notice, FDA must publish an order 
in the Federal Register that sets forth its final determination 
regarding the exemption of the device that was the subject of the 
notice. If FDA fails to respond to a petition under section 510(m)(2) 
of the FD&C Act within 180 days of receiving it, the petition shall be 
deemed granted.

II. Factors FDA May Consider for Exemption

    There are a number of factors FDA may consider to determine whether 
a 510(k) is necessary to provide reasonable assurance of the safety and 
effectiveness of a class II device. These factors are discussed in the 
January 21, 1998, Federal Register notice (63 FR 3142) and subsequently 
in the guidance the Agency issued on February 19, 1998, entitled 
``Procedures for Class II Device Exemptions from Premarket 
Notification, Guidance for Industry and CDRH Staff'' (``Class II 510(k) 
Exemption Guidance'') (Ref. 1). Accordingly, FDA generally considers 
the following factors to determine whether premarket notification is 
necessary for class II devices: (1) The device does not have a 
significant history of false or misleading claims or of risks 
associated with inherent characteristics of the device; (2) 
characteristics of the device necessary for its safe and effective 
performance are well established; (3) changes in the device that could 
affect safety and effectiveness will either (a) be readily detectable 
by users by visual examination or other means such as routine testing, 
before causing harm, or (b) not materially increase the risk of injury, 
incorrect diagnosis, or ineffective treatment; and (4) any changes to 
the device would not be likely to result in a change in the device's 
classification. FDA may also consider that, even when exempting 
devices, these devices would still be subject to the limitations on 
exemptions.

III. Limitations on Exemptions

    FDA has determined that premarket notification is not necessary to 
assure the safety and effectiveness of the class II devices listed in 
table 1. This determination is based, in part, on the Agency's 
knowledge of the device, including past experience and relevant reports 
or studies on device performance (as appropriate), the applicability of 
general and special controls, and the Agency's ability to limit an 
exemption.

A. General Limitations of Exemptions

    FDA's proposal to grant an exemption from premarket notification 
for class II devices listed in table 1 applies only to those devices 
that have existing or reasonably foreseeable characteristics of 
commercially distributed devices within that generic type, or, in the 
case of in vitro diagnostic devices, for which a misdiagnosis, as a 
result of using the device, would not be associated with high morbidity 
or mortality. FDA proposes that a manufacturer of a listed device would 
still be required to submit a premarket notification to FDA before 
introducing a device or delivering it for introduction into commercial 
distribution when the device meets any of the conditions described in 
21 CFR 862.9 to 21 CFR 892.9.

B. Partial Limitations of Exemptions

    In addition to the general limitations, FDA may also partially 
limit an exemption from premarket notification requirements to specific 
devices within a listed device type when initial Agency assessment 
determines that the factors laid out in the Class II 510(k) Exemption 
Guidance (Ref. 1) do not weigh in favor of exemption for all devices in 
a particular group. In such situations where a partial exemption 
limitation has been identified, FDA has determined that premarket 
notification is necessary to provide a reasonable assurance of safety 
and effectiveness for these devices. In table 1, for example, FDA is 
listing the proposed exemption of the genetic health risk assessment 
system, but limits the exemption to such devices that have received a 
first-time FDA marketing authorization (e.g., 510(k) clearance) for the 
genetic health risk assessment system (a ``one-time FDA reviewed 
genetic health risk assessment system''). FDA believes that a one-time 
FDA review (e.g., premarket notification) of a genetic health risk 
assessment system is necessary to provide reasonable assurance of the 
safety and effectiveness of the device. FDA believes that a one-time 
FDA review of a genetic health risk assessment system is necessary to 
mitigate the risk of false negatives and false positives by ensuring 
that certain information be submitted to FDA to allow the Agency to 
assess the safety and effectiveness of the devices and the regulatory 
controls necessary to address those issues as well as to ensure the 
devices perform to acceptable standards.

IV. List of Class II Devices

    FDA is identifying the following list of class II devices that, if 
finalized, would no longer require premarket notification under section 
510(k) of the FD&C Act, subject to the general limitations to the 
exemptions found in Sec. Sec.  862.9 to 892.9:

                                            Table 1--Class II Devices
----------------------------------------------------------------------------------------------------------------
                                                                                    Partial exemption limitation
         21 CFR section                    Device type             Product code            (if applicable)
----------------------------------------------------------------------------------------------------------------
862.1840........................  Total 25-hydroxyvitamin D     PSL
                                   Mass Spectrometry Test
                                   System.

[[Page 51635]]

 
866.5950........................  Genetic Health Risk           PTA                 Exemption is limited to a
                                   Assessment System.                                genetic health risk
                                                                                     assessment system that has
                                                                                     received a first-time FDA
                                                                                     marketing authorization
                                                                                     (e.g., 510(k) clearance)
                                                                                     for the genetic health risk
                                                                                     assessment system (a ``one-
                                                                                     time FDA reviewed genetic
                                                                                     health risk assessment
                                                                                     system'').
876.1500........................  Endoscopic Maintenance        PUP
                                   System.
880.6710........................  Purifier, Water,              KMG
                                   Ultraviolet, Medical.
884.5960........................  Vibrator for Therapeutic      KXQ
                                   Use, Genital.
----------------------------------------------------------------------------------------------------------------

V. Reference

    The following reference is on display in the Dockets Management 
Staff (see ADDRESSES) and is available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also 
available electronically at https://www.regulations.gov. FDA has 
verified the Web site address, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. FDA Guidance, ``Procedures for Class II Device Exemptions from 
Premarket Notification, Guidance for Industry and CDRH Staff,'' 
February 19, 1998, available at https://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf.

    Dated: October 31, 2017.
Lauren Silvis,
Chief of Staff.
[FR Doc. 2017-24163 Filed 11-6-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                            51633

                                               information originally supplied by the                  Electronic Submissions                                information you claim to be confidential
                                               Federal government to the recipient for                   Submit electronic comments in the                   with a heading or cover note that states
                                               the purpose of disclosure to the public’’               following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                               (5 CFR 1320.3(c)(2)).                                     • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                                                                                       https://www.regulations.gov. Follow the               Agency will review this copy, including
                                               III. Electronic Access
                                                                                                       instructions for submitting comments.                 the claimed confidential information, in
                                                 Persons with access to the internet                   Comments submitted electronically,                    its consideration of comments. The
                                               may obtain the document at either                       including attachments, to https://                    second copy, which will have the
                                               https://www.fda.gov/Drugs/Guidance                      www.regulations.gov will be posted to                 claimed confidential information
                                               ComplianceRegulatoryInformation/                        the docket unchanged. Because your                    redacted/blacked out, will be available
                                               Guidances/default.htm or https://                       comment will be made public, you are                  for public viewing and posted on
                                               www.regulations.gov.                                    solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                                 Dated: November 2, 2017.                              comment does not include any                          both copies to the Dockets Management
                                               Anna K. Abram,                                          confidential information that you or a                Staff. If you do not wish your name and
                                               Deputy Commissioner for Policy, Planning,               third party may not wish to be posted,                contact information to be made publicly
                                               Legislation, and Analysis.                              such as medical information, your or                  available, you can provide this
                                               [FR Doc. 2017–24192 Filed 11–6–17; 8:45 am]             anyone else’s Social Security number, or              information on the cover sheet and not
                                                                                                       confidential business information, such               in the body of your comments and you
                                               BILLING CODE 4164–01–P
                                                                                                       as a manufacturing process. Please note               must identify this information as
                                                                                                       that if you include your name, contact                ‘‘confidential.’’ Any information marked
                                               DEPARTMENT OF HEALTH AND                                information, or other information that                as ‘‘confidential’’ will not be disclosed
                                               HUMAN SERVICES                                          identifies you in the body of your                    except in accordance with 21 CFR 10.20
                                                                                                       comments, that information will be                    and other applicable disclosure law. For
                                               Food and Drug Administration                            posted on https://www.regulations.gov.                more information about FDA’s posting
                                                                                                         • If you want to submit a comment                   of comments to public dockets, see 80
                                               [Docket No. FDA–2017–N–1129]                            with confidential information that you                FR 56469, September 18, 2015, or access
                                                                                                       do not wish to be made available to the               the information at: https://www.gpo.gov/
                                               Medical Devices; Exemptions From                        public, submit the comment as a                       fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               Premarket Notification: Class II                        written/paper submission and in the                   23389.pdf.
                                               Devices; Request for Comments                           manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                                                                       Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                               AGENCY:    Food and Drug Administration,                                                                      electronic and written/paper comments
                                               HHS.                                                    Written/Paper Submissions                             received, go to https://
                                               ACTION:   Notice; request for comments.                    Submit written/paper submissions as                www.regulations.gov and insert the
                                                                                                       follows:                                              docket number, found in brackets in the
                                               SUMMARY:   The Food and Drug                               • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                               Administration (FDA or the Agency) is                   written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                               announcing its intent to exempt a list of               Management Staff (HFA–305), Food and                  and/or go to the Dockets Management
                                               class II devices from premarket                         Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                               notification requirements, subject to                   Lane, Rm. 1061, Rockville, MD 20852.                  Rockville, MD 20852.
                                               certain limitations. The Agency has                        • For written/paper comments                       FOR FURTHER INFORMATION CONTACT:
                                               determined that, based on established                   submitted to the Dockets Management                   Bryce Bennett, Center for Devices and
                                               factors, these devices no longer require                Staff, FDA will post your comment, as                 Radiological Health, Food and Drug
                                               premarket notification to provide                       well as any attachments, except for                   Administration, 10903 New Hampshire
                                               reasonable assurance of safety and                      information submitted, marked and                     Ave., Bldg. 66, Rm. 5244, Silver Spring,
                                               effectiveness. FDA is publishing this                   identified, as confidential, if submitted             MD 20993, 301–348–1446,
                                               notice to obtain comments regarding the                 as detailed in ‘‘Instructions.’’                      Gregory.Bennett@fda.hhs.gov.
                                               proposed exemptions, in accordance                         Instructions: All submissions received             SUPPLEMENTARY INFORMATION :
                                               with the Federal Food, Drug, and                        must include the Docket No. FDA–
                                               Cosmetic Act (the FD&C Act).                            2017–N–1129 for ‘‘Medical Devices;                    I. Statutory Background
                                               DATES: Submit either electronic or                      Exemptions from Premarket                                Section 510(k) of the FD&C Act (21
                                               written comments on the notice by                       Notification: Class II Devices; Request               U.S.C. 360(k)) and the implementing
                                               January 8, 2018.                                        for Comments.’’ Received comments,                    regulations, 21 CFR part 807 subpart E,
                                               ADDRESSES: You may submit comments                      those filed in a timely manner (see                   require persons who intend to market a
                                               as follows. Please note that late,                      ADDRESSES), will be placed in the docket              new device to submit and obtain
                                               untimely filed comments will not be                     and, except for those submitted as                    clearance of a premarket notification
                                               considered. Electronic comments must                    ‘‘Confidential Submissions,’’ publicly                (510(k)) containing information that
                                               be submitted on or before January 8,                    viewable at https://www.regulations.gov               allows FDA to determine whether the
                                               2018. The https://www.regulations.gov                   or at the Dockets Management Staff                    new device is ‘‘substantially equivalent’’
                                               electronic filing system will accept                    between 9 a.m. and 4 p.m., Monday                     within the meaning of section 513(i) of
                                               comments until midnight Eastern Time                    through Friday.                                       the FD&C Act to a legally marketed
ethrower on DSK3G9T082PROD with NOTICES




                                               at the end of January 8, 2018. Comments                    • Confidential Submissions—To                      device that does not require premarket
                                               received by mail/hand delivery/courier                  submit a comment with confidential                    approval.
                                               (for written/paper submissions) will be                 information that you do not wish to be                   The 21st Century Cures Act (Cures
                                               considered timely if they are                           made publicly available, submit your                  Act) (Pub. L. 114–255) was signed into
                                               postmarked or the delivery service                      comments only as a written/paper                      law on December 13, 2016. Section 3054
                                               acceptance receipt is on or before that                 submission. You should submit two                     of the Cures Act amended section
                                               date.                                                   copies total. One copy will include the               510(m) of the FD&C Act. As amended,


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                                               51634                        Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               section 510(m)(1)(A) of the FD&C Act                     factors are discussed in the January 21,              proposes that a manufacturer of a listed
                                               requires FDA to publish in the Federal                   1998, Federal Register notice (63 FR                  device would still be required to submit
                                               Register a notice containing a list of                   3142) and subsequently in the guidance                a premarket notification to FDA before
                                               each type of class II device that FDA                    the Agency issued on February 19, 1998,               introducing a device or delivering it for
                                               determines no longer requires a report                   entitled ‘‘Procedures for Class II Device             introduction into commercial
                                               under section 510(k) of the FD&C Act to                  Exemptions from Premarket                             distribution when the device meets any
                                               provide reasonable assurance of safety                   Notification, Guidance for Industry and               of the conditions described in 21 CFR
                                               and effectiveness. FDA is required to                    CDRH Staff’’ (‘‘Class II 510(k)                       862.9 to 21 CFR 892.9.
                                               publish this notice within 90 days of the                Exemption Guidance’’) (Ref. 1).
                                               date of enactment of the Cures Act and                   Accordingly, FDA generally considers                  B. Partial Limitations of Exemptions
                                               at least once every 5 years thereafter, as               the following factors to determine                       In addition to the general limitations,
                                               FDA determines appropriate.                              whether premarket notification is                     FDA may also partially limit an
                                               Additionally, FDA must provide at least                  necessary for class II devices: (1) The               exemption from premarket notification
                                               a 60-day comment period for any such                     device does not have a significant                    requirements to specific devices within
                                               notice required to be published under                    history of false or misleading claims or              a listed device type when initial Agency
                                               section 510(m)(1)(A) of the FD&C Act.                    of risks associated with inherent                     assessment determines that the factors
                                               FDA published this notice in the                         characteristics of the device; (2)                    laid out in the Class II 510(k) Exemption
                                               Federal Register of March 14, 2017 (82                   characteristics of the device necessary               Guidance (Ref. 1) do not weigh in favor
                                               FR 13609). Under section 510(m)(1)(B)                    for its safe and effective performance are            of exemption for all devices in a
                                               of the FD&C Act, FDA must publish in                     well established; (3) changes in the                  particular group. In such situations
                                               the Federal Register, within 210 days of                 device that could affect safety and                   where a partial exemption limitation
                                               enactment of the Cures Act, a list                       effectiveness will either (a) be readily              has been identified, FDA has
                                               representing its final determination                     detectable by users by visual                         determined that premarket notification
                                               regarding the exemption of the devices                   examination or other means such as                    is necessary to provide a reasonable
                                               that were contained in the list published                routine testing, before causing harm, or              assurance of safety and effectiveness for
                                               under section 510(m)(1)(A). FDA                          (b) not materially increase the risk of               these devices. In table 1, for example,
                                               published that list in the Federal                       injury, incorrect diagnosis, or ineffective           FDA is listing the proposed exemption
                                               Register of July 11, 2017 (82 FR 31976).                 treatment; and (4) any changes to the                 of the genetic health risk assessment
                                                  As amended, section 510(m)(2) of the                  device would not be likely to result in               system, but limits the exemption to such
                                               FD&C Act provides that, 1 day after the                  a change in the device’s classification.              devices that have received a first-time
                                               date of publication of the final list under              FDA may also consider that, even when                 FDA marketing authorization (e.g.,
                                               section 510(m)(1), FDA may exempt a                      exempting devices, these devices would                510(k) clearance) for the genetic health
                                               class II device from the requirement to                  still be subject to the limitations on                risk assessment system (a ‘‘one-time
                                               submit a report under section 510(k) of                  exemptions.                                           FDA reviewed genetic health risk
                                               the FD&C Act upon its own initiative or
                                                                                                        III. Limitations on Exemptions                        assessment system’’). FDA believes that
                                               a petition of an interested person, if
                                                                                                                                                              a one-time FDA review (e.g., premarket
                                               FDA determines that a report under                          FDA has determined that premarket
                                                                                                                                                              notification) of a genetic health risk
                                               section 510(k) is not necessary to assure                notification is not necessary to assure
                                                                                                                                                              assessment system is necessary to
                                               the safety and effectiveness of the                      the safety and effectiveness of the class
                                                                                                                                                              provide reasonable assurance of the
                                               device. To do so, FDA must publish in                    II devices listed in table 1. This
                                                                                                                                                              safety and effectiveness of the device.
                                               the Federal Register a notice of its                     determination is based, in part, on the
                                                                                                                                                              FDA believes that a one-time FDA
                                               intent to exempt the device, or of the                   Agency’s knowledge of the device,
                                                                                                                                                              review of a genetic health risk
                                               petition, and provide a 60-day period                    including past experience and relevant
                                                                                                                                                              assessment system is necessary to
                                               for public comment. Within 120 days                      reports or studies on device
                                                                                                                                                              mitigate the risk of false negatives and
                                               after the issuance of this notice, FDA                   performance (as appropriate), the
                                                                                                                                                              false positives by ensuring that certain
                                               must publish an order in the Federal                     applicability of general and special
                                                                                                                                                              information be submitted to FDA to
                                               Register that sets forth its final                       controls, and the Agency’s ability to
                                                                                                                                                              allow the Agency to assess the safety
                                               determination regarding the exemption                    limit an exemption.
                                                                                                                                                              and effectiveness of the devices and the
                                               of the device that was the subject of the
                                                                                                        A. General Limitations of Exemptions                  regulatory controls necessary to address
                                               notice. If FDA fails to respond to a
                                                                                                          FDA’s proposal to grant an exemption                those issues as well as to ensure the
                                               petition under section 510(m)(2) of the
                                                                                                        from premarket notification for class II              devices perform to acceptable standards.
                                               FD&C Act within 180 days of receiving
                                               it, the petition shall be deemed granted.                devices listed in table 1 applies only to             IV. List of Class II Devices
                                                                                                        those devices that have existing or
                                               II. Factors FDA May Consider for                         reasonably foreseeable characteristics of               FDA is identifying the following list
                                               Exemption                                                commercially distributed devices within               of class II devices that, if finalized,
                                                  There are a number of factors FDA                     that generic type, or, in the case of in              would no longer require premarket
                                               may consider to determine whether a                      vitro diagnostic devices, for which a                 notification under section 510(k) of the
                                               510(k) is necessary to provide                           misdiagnosis, as a result of using the                FD&C Act, subject to the general
                                               reasonable assurance of the safety and                   device, would not be associated with                  limitations to the exemptions found in
                                               effectiveness of a class II device. These                high morbidity or mortality. FDA                      §§ 862.9 to 892.9:
ethrower on DSK3G9T082PROD with NOTICES




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

                                               862.1840 ...............   Total 25-hydroxyvitamin D Mass Spectrometry Test                PSL
                                                                            System.



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                                                                                    Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                                                 51635

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

                                               866.5950 ...............         Genetic Health Risk Assessment System ....................                             PTA               Exemption is limited to a genetic health risk assess-
                                                                                                                                                                                           ment system that has received a first-time FDA mar-
                                                                                                                                                                                           keting authorization (e.g., 510(k) clearance) for the
                                                                                                                                                                                           genetic health risk assessment system (a ‘‘one-time
                                                                                                                                                                                           FDA reviewed genetic health risk assessment sys-
                                                                                                                                                                                           tem’’).
                                               876.1500 ...............         Endoscopic Maintenance System .................................                        PUP
                                               880.6710 ...............         Purifier, Water, Ultraviolet, Medical ...............................                  KMG
                                               884.5960 ...............         Vibrator for Therapeutic Use, Genital ...........................                      KXQ



                                               V. Reference                                                               DEPARTMENT OF HEALTH AND                                                   Flint North, 10A–12M, 11601
                                                  The following reference is on display                                   HUMAN SERVICES                                                             Landsdown St., North Bethesda, MD
                                               in the Dockets Management Staff (see                                                                                                                  20852, 301–796–7726, PRAStaff@
                                               ADDRESSES) and is available for viewing
                                                                                                                          Food and Drug Administration                                               fda.hhs.gov.
                                               by interested persons between 9 a.m.                                       [Docket Nos. FDA–2013–N–0618; FDA–
                                               and 4 p.m., Monday through Friday; it                                      2013–N–1155; FDA–2010–N–0118; FDA–                                         SUPPLEMENTARY INFORMATION:     The
                                               is also available electronically at https://                               2011–N–0655; FDA–2014–N–0086; FDA–                                         following is a list of FDA information
                                               www.regulations.gov. FDA has verified                                      2011–N–0144; FDA–2016–N–2836]                                              collections recently approved by OMB
                                               the Web site address, as of the date this                                                                                                             under section 3507 of the Paperwork
                                               document publishes in the Federal                                          Agency Information Collection                                              Reduction Act of 1995 (44 U.S.C. 3507).
                                               Register, but Web sites are subject to                                     Activities; Announcement of Office of                                      The OMB control number and
                                               change over time.                                                          Management and Budget Approvals                                            expiration date of OMB approval for
                                               1. FDA Guidance, ‘‘Procedures for Class II                                 AGENCY:        Food and Drug Administration,                               each information collection are shown
                                                   Device Exemptions from Premarket                                       HHS.                                                                       in table 1. Copies of the supporting
                                                   Notification, Guidance for Industry and                                ACTION:       Notice.                                                      statements for the information
                                                   CDRH Staff,’’ February 19, 1998,                                                                                                                  collections are available on the internet
                                                   available at https://www.fda.gov/                                      SUMMARY:    The Food and Drug                                              at https://www.reginfo.gov/public/do/
                                                   downloads/MedicalDevices/                                              Administration (FDA) is publishing a                                       PRAMain. An Agency may not conduct
                                                   DeviceRegulationandGuidance/                                           list of information collections that have
                                                   GuidanceDocuments/UCM080199.pdf.                                                                                                                  or sponsor, and a person is not required
                                                                                                                          been approved by the Office of                                             to respond to, a collection of
                                                 Dated: October 31, 2017.                                                 Management and Budget (OMB) under                                          information unless it displays a
                                               Lauren Silvis,                                                             the Paperwork Reduction Act of 1995.                                       currently valid OMB control number.
                                               Chief of Staff.                                                            FOR FURTHER INFORMATION CONTACT: Ila
                                               [FR Doc. 2017–24163 Filed 11–6–17; 8:45 am]                                S. Mizrachi, Office of Operations, Food
                                               BILLING CODE 4164–01–P                                                     and Drug Administration, Three White

                                                                                                TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB
                                                                                                                                                                                                                           OMB control   Date approval
                                                                                                                      Title of collection                                                                                     No.           expires

                                               Reporting and Recordkeeping for Electronic Products—General Requirements ...................................................                                                  0910–0025       7/31/2020
                                               Food Labeling Regulations ......................................................................................................................................              0910–0381       7/31/2020
                                               Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response
                                                 Act of 2002 ...........................................................................................................................................................     0910–0520       7/31/2020
                                               Animal Generic Drug User Fee Act Cover Sheet ...................................................................................................                              0910–0632       7/31/2020
                                               Potential Tobacco Product Violations Reporting Form ...........................................................................................                               0910–0716       7/31/2020
                                               Voluntary Qualified Importer Program Guidance for Industry .................................................................................                                  0910–0840       7/31/2020
                                               Donor Risk Assessment Questionnaire for the FDA/National Heart, Lung, and Blood Institute—Sponsored
                                                 Transfusion-Transmissible Infectious Monitoring System ...................................................................................                                  0910–0841       7/31/2020



                                                 Dated: November 2, 2017.
                                               Anna K. Abram,
                                               Deputy Commissioner for Policy, Planning,
                                               Legislation, and Analysis.
                                               [FR Doc. 2017–24189 Filed 11–6–17; 8:45 am]
ethrower on DSK3G9T082PROD with NOTICES




                                               BILLING CODE 4164–01–P




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Document Created: 2018-10-25 10:26:37
Document Modified: 2018-10-25 10:26:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesSubmit either electronic or written comments on the notice by January 8, 2018.
ContactBryce Bennett, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993, 301-348-1446, [email protected]
FR Citation82 FR 51633 

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