82_FR_61417 82 FR 61170 - Medical Devices; Radiology Devices; Classification of the Rectal Balloon for Prostate Immobilization

82 FR 61170 - Medical Devices; Radiology Devices; Classification of the Rectal Balloon for Prostate Immobilization

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61170-61171
FR Document2017-27856

The Food and Drug Administration (FDA or we) is classifying the rectal balloon for prostate immobilization 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 rectal balloon for prostate immobilization'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 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61170-61171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27856]



[[Page 61170]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 892

[Docket No. FDA-2017-N-6855]


Medical Devices; Radiology Devices; Classification of the Rectal 
Balloon for Prostate Immobilization

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or we) is classifying 
the rectal balloon for prostate immobilization 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 rectal balloon for prostate immobilization'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 December 27, 2017. The classification 
was applicable on January 28, 2014.

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 rectal balloon for prostate 
immobilization 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 (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 (see 21 U.S.C. 360c(i)) to a predicate device 
that does not require premarket approval. 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 (21 U.S.C. 360(k)) and part 807 (21 CFR part 807).
    FDA may also classify a device through ``De Novo'' classification, 
a common name for the process authorized under section 513(f)(2) of the 
FD&C Act. Section 207 of the Food and Drug Administration Modernization 
Act of 1997 established the first procedure for De Novo classification 
(Pub. L. 105-115). Section 607 of the Food and Drug Administration 
Safety and Innovation Act modified the De Novo application process by 
adding a second procedure (Pub. L. 112-144). A device sponsor may 
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device 
that has not previously been classified. After receiving an order from 
FDA classifying the device into class III under section 513(f)(1) of 
the FD&C Act, the person then requests a classification under section 
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k) 
and then a request for classification, if the person determines that 
there is no legally marketed device upon which to base a determination 
of substantial equivalence, that person requests a classification under 
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA is required 
to classify the device by written order within 120 days. The 
classification will be according to the criteria under section 
513(a)(1) of the FD&C Act. Although the device was automatically placed 
within class III, the De Novo classification is considered to be the 
initial classification of the device.
    We believe this De Novo classification will enhance patients' 
access to beneficial innovation, in part by reducing regulatory 
burdens. When FDA classifies a device into class I or II via the De 
Novo process, the device can serve as a predicate for future devices of 
that type, including for 510(k)s. 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 July 15, 2013, RadiaDyne, LLC submitted a request for De Novo 
classification of the prostate immobilizer rectal balloon. FDA reviewed 
the request in order to classify the device under the criteria for 
classification set forth in section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves 
are insufficient to provide reasonable assurance of safety and 
effectiveness, but there is sufficient information to establish special 
controls that, in combination with the general controls, provide 
reasonable assurance of the safety and effectiveness of the device for 
its intended use (see 21 U.S.C. 360c(a)(1)(B)). After review of the 
information submitted in the request, we determined that the device can 
be classified into class II with the establishment of special controls. 
FDA has determined that these special controls, in addition to general 
controls, will provide reasonable assurance of the safety and 
effectiveness of the device.
    Therefore, on January 28, 2014, FDA issued an order to the 
requestor classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 892.5720. We have named 
the generic type of device rectal balloon for prostate immobilization, 
and it is identified as a single use, inflatable, non-powered 
positioning device placed in the rectum to immobilize the prostate in 
patients undergoing radiation therapy. The device is intended to be 
used during all the phases of radiation therapy, including treatment 
planning, image verification, and radiotherapy delivery.
    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.

[[Page 61171]]



Table 1--Rectal Balloon for Prostate Immobilization Risks and Mitigation
                                Measures
------------------------------------------------------------------------
                                                    Mitigation measures/
                 Identified risks                      21 CFR section
------------------------------------------------------------------------
Anorectal Toxicity...............................  Special controls
                                                    (1)(i) (21 CFR
                                                    892.5720(b)(1)(i)),
                                                    (1)(ii) (21 CFR
                                                    892.5720(b)(1)(ii)),
                                                    (1)(iii) (21 CFR
                                                    892.5720(b)(1)(iii))
                                                    , (1)(iv) (21 CFR
                                                    892.5720(b)(1)(iv)),
                                                    (2)(i)(D) (21 CFR
                                                    892.5720(b)(2)(i)(D)
                                                    ), (2)(ii) (21 CFR
                                                    892.5720(b)(2)(ii)),
                                                    (2)(iii) (21 CFR
                                                    892.5720(b)(2)(iii))
                                                    , and (2)(iv) (21
                                                    CFR
                                                    892.5720(b)(2)(iv)).
Tissue Damage....................................  Special controls
                                                    (1)(iv) (21 CFR
                                                    892.5720(b)(1)(iv)),
                                                    (1)(v) (21 CFR
                                                    892.5720(b)(1)(v)),
                                                    (2)(i)(A) (21 CFR
                                                    892.5720(b)(2)(i)(A)
                                                    ), (2)(i)(D) (21 CFR
                                                    892.5720(b)(2)(i)(D)
                                                    ), (2)(ii) (21 CFR
                                                    892.5720(b)(2)(ii)),
                                                    (2)(iii) (21 CFR
                                                    892.5720(b)(2)(iii))
                                                    , and (2)(iv) (21
                                                    CFR
                                                    892.5720(b)(2)(iv)).
Perforation of the Rectum........................  Special controls
                                                    (1)(v)(A) (21 CFR
                                                    892.5720(b)(1)(v)(A)
                                                    ), (1)(v)(B) (21 CFR
                                                    892.5720(b)(1)(v)(B)
                                                    ), (2)(i)(A) (21 CFR
                                                    892.5720(b)(2)(i)(A)
                                                    ), (2)(i)(D) (21 CFR
                                                    892.5720(b)(2)(i)(D)
                                                    ), (2)(ii) (21 CFR
                                                    892.5720(b)(2)(ii)),
                                                    (2)(iii) (21 CFR
                                                    892.5720(b)(2)(iii))
                                                    , and (2)(iv) (21
                                                    CFR
                                                    892.5720(b)(2)(iv)).
Irradiation of Healthy Tissue....................  Special controls
                                                    (1)(v)(A) (21 CFR
                                                    892.5720(b)(1)(v)(A)
                                                    ), (1)(v)(B) (21 CFR
                                                    892.5720(b)(1)(v)(B)
                                                    ), (2)(i)(B) (21 CFR
                                                    892.5720(b)(2)(i)(B)
                                                    ), (2)(ii) (21 CFR
                                                    892.5720(b)(2)(ii)),
                                                    (2)(iii) (21 CFR
                                                    892.5720(b)(2)(iii))
                                                    , and (2)(iv) (21
                                                    CFR
                                                    892.5720(b)(2)(iv)).
Patient Intolerance..............................  Special controls
                                                    (1)(v)(A) (21 CFR
                                                    892.5720(b)(1)(v)(A)
                                                    ), (2)(i)(A) (21 CFR
                                                    892.5720(b)(2)(i)(A)
                                                    ), (2)(i)(C) (21 CFR
                                                    892.5720(b)(2)(i)(C)
                                                    ), (2)(ii) (21 CFR
                                                    892.5720(b)(2)(ii)),
                                                    (2)(iii) (21 CFR
                                                    892.5720(b)(2)(iii))
                                                    , and (2)(iv) (21
                                                    CFR
                                                    892.5720(b)(2)(iv)).
------------------------------------------------------------------------

    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. 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).

III. Analysis of Environmental Impact

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

IV. Paperwork Reduction Act of 1995

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

List of Subjects in 21 CFR Part 892

    Medical devices, Radiation protection, X-rays.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
892 is amended as follows:

PART 892--RADIOLOGY DEVICES

0
1. The authority citation for part 892 is revised to read as follows:

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


0
2. Add Sec.  892.5720 to subpart F to read as follows:


Sec.  892.5720  Rectal balloon for prostate immobilization.

    (a) Identification. A rectal balloon for prostate immobilization is 
a single use, inflatable, non-powered positioning device placed in the 
rectum to immobilize the prostate in patients undergoing radiation 
therapy. The device is intended to be used during all the phases of 
radiation therapy, including treatment planning, image verification, 
and radiotherapy delivery.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) The premarket notification submission must include methodology 
and results of the following non-clinical and clinical performance 
testing:
    (i) Biocompatibility testing of the final finished device;
    (ii) If provided sterile, sterilization validation;
    (iii) If not provided sterile, bioburden testing of the final 
finished device;
    (iv) Shelf life and expiration date validation; and
    (v) Performance testing including but not limited to:
    (A) Venting mechanism (if device has a vent mechanism);
    (B) Safety mechanism(s) to prevent advancement beyond its intended 
safe placement; and
    (C) Structural integrity testing (e.g., tensile strength, balloon 
leakage and burst strength).
    (2) Labeling that includes:
    (i) Appropriate warnings and contraindications, including, but not 
limited to the following statements:
    (A) ``Do not transport the patient with the rectal balloon 
inserted. The balloon should be removed prior to transport.'';
    (B) ``Failure to perform the standard imaging position verification 
protocol may cause the device to not perform as intended.'';
    (C) ``Reduce the rectal balloon fill volume if the patient 
experiences discomfort due to the rectal balloon inflation.''; and
    (D) ``Do not apply excessive pressure/force on the shaft or tubing 
of the rectal balloon.''
    (ii) Adequate instructions for use on the proper insertion 
procedure, positioning, and inflation of the rectal balloon;
    (iii) Whether the device is sterile or non-sterile; and
    (iv) An expiration date.

    Dated: December 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-27856 Filed 12-26-17; 8:45 am]
 BILLING CODE 4164-01-P



                                             61170        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                             DEPARTMENT OF HEALTH AND                                approval unless and until FDA takes an                  We believe this De Novo classification
                                             HUMAN SERVICES                                          action to classify or reclassify the device           will enhance patients’ access to
                                                                                                     (see 21 U.S.C. 360c(f)(1)). We refer to               beneficial innovation, in part by
                                             Food and Drug Administration                            these devices as ‘‘postamendments                     reducing regulatory burdens. When FDA
                                                                                                     devices’’ because they were not in                    classifies a device into class I or II via
                                             21 CFR Part 892                                         commercial distribution prior to the                  the De Novo process, the device can
                                             [Docket No. FDA–2017–N–6855]                            date of enactment of the Medical Device               serve as a predicate for future devices of
                                                                                                     Amendments of 1976, which amended                     that type, including for 510(k)s. As a
                                             Medical Devices; Radiology Devices;                     the Federal Food, Drug, and Cosmetic                  result, other device sponsors do not
                                             Classification of the Rectal Balloon for                Act (FD&C Act).                                       have to submit a De Novo request or
                                             Prostate Immobilization                                    FDA may take a variety of actions in               PMA in order to market a substantially
                                                                                                     appropriate circumstances to classify or              equivalent device (see 21 U.S.C. 360c(i),
                                             AGENCY:    Food and Drug Administration,                                                                      defining ‘‘substantial equivalence’’).
                                                                                                     reclassify a device into class I or II. We
                                             HHS.                                                                                                          Instead, sponsors can use the less-
                                                                                                     may issue an order finding a new device
                                             ACTION:   Final order.                                  to be substantially equivalent under                  burdensome 510(k) process, when
                                             SUMMARY:    The Food and Drug                           section 513(i) of the FD&C Act (see 21                necessary, to market their device.
                                             Administration (FDA or we) is                           U.S.C. 360c(i)) to a predicate device that            II. De Novo Classification
                                             classifying the rectal balloon for prostate             does not require premarket approval.
                                             immobilization into class II (special                   We determine whether a new device is                     On July 15, 2013, RadiaDyne, LLC
                                             controls). The special controls that                    substantially equivalent to a predicate               submitted a request for De Novo
                                             apply to the device type are identified                 by means of the procedures for                        classification of the prostate
                                             in this order and will be part of the                   premarket notification under section                  immobilizer rectal balloon. FDA
                                             codified language for the rectal balloon                510(k) of the FD&C Act (21 U.S.C.                     reviewed the request in order to classify
                                             for prostate immobilization’s                           360(k)) and part 807 (21 CFR part 807).               the device under the criteria for
                                             classification. We are taking this action                  FDA may also classify a device                     classification set forth in section
                                             because we have determined that                         through ‘‘De Novo’’ classification, a                 513(a)(1) of the FD&C Act.
                                             classifying the device into class II                    common name for the process                              We classify devices into class II if
                                             (special controls) will provide a                       authorized under section 513(f)(2) of the             general controls by themselves are
                                             reasonable assurance of safety and                      FD&C Act. Section 207 of the Food and                 insufficient to provide reasonable
                                             effectiveness of the device. We believe                 Drug Administration Modernization Act                 assurance of safety and effectiveness,
                                             this action will also enhance patients’                 of 1997 established the first procedure               but there is sufficient information to
                                             access to beneficial innovative devices,                for De Novo classification (Pub. L. 105–              establish special controls that, in
                                             in part by reducing regulatory burdens.                 115). Section 607 of the Food and Drug                combination with the general controls,
                                             DATES: This order is effective December                 Administration Safety and Innovation                  provide reasonable assurance of the
                                             27, 2017. The classification was                        Act modified the De Novo application                  safety and effectiveness of the device for
                                             applicable on January 28, 2014.                         process by adding a second procedure                  its intended use (see 21 U.S.C.
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     (Pub. L. 112–144). A device sponsor                   360c(a)(1)(B)). After review of the
                                             Steven Tjoe, Center for Devices and                     may utilize either procedure for De                   information submitted in the request,
                                             Radiological Health, Food and Drug                      Novo classification.                                  we determined that the device can be
                                             Administration, 10903 New Hampshire                        Under the first procedure, the person              classified into class II with the
                                             Ave., Bldg. 66, Rm. 4550, Silver Spring,                submits a 510(k) for a device that has                establishment of special controls. FDA
                                             MD 20993–0002, 301–796–5866,                            not previously been classified. After                 has determined that these special
                                             steven.tjoe@fda.hhs.gov.                                receiving an order from FDA classifying               controls, in addition to general controls,
                                                                                                     the device into class III under section               will provide reasonable assurance of the
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     513(f)(1) of the FD&C Act, the person                 safety and effectiveness of the device.
                                             I. Background                                           then requests a classification under                     Therefore, on January 28, 2014, FDA
                                                Upon request, FDA has classified the                 section 513(f)(2).                                    issued an order to the requestor
                                             rectal balloon for prostate                                Under the second procedure, rather                 classifying the device into class II. FDA
                                             immobilization as class II (special                     than first submitting a 510(k) and then               is codifying the classification of the
                                             controls), which we have determined                     a request for classification, if the person           device by adding 21 CFR 892.5720. We
                                             will provide a reasonable assurance of                  determines that there is no legally                   have named the generic type of device
                                             safety and effectiveness. In addition, we               marketed device upon which to base a                  rectal balloon for prostate
                                             believe this action will enhance                        determination of substantial                          immobilization, and it is identified as a
                                             patients’ access to beneficial innovation,              equivalence, that person requests a                   single use, inflatable, non-powered
                                             in part by reducing regulatory burdens                  classification under section 513(f)(2) of             positioning device placed in the rectum
                                             by placing the device into a lower                      the FD&C Act.                                         to immobilize the prostate in patients
                                             device class than the automatic class III                  Under either procedure for De Novo                 undergoing radiation therapy. The
                                             assignment.                                             classification, FDA is required to                    device is intended to be used during all
                                                The automatic assignment of class III                classify the device by written order                  the phases of radiation therapy,
                                             occurs by operation of law and without                  within 120 days. The classification will              including treatment planning, image
                                             any action by FDA, regardless of the                    be according to the criteria under                    verification, and radiotherapy delivery.
daltland on DSKBBV9HB2PROD with RULES




                                             level of risk posed by the new device.                  section 513(a)(1) of the FD&C Act.                       FDA has identified the following risks
                                             Any device that was not in commercial                   Although the device was automatically                 to health associated specifically with
                                             distribution before May 28, 1976, is                    placed within class III, the De Novo                  this type of device and the measures
                                             automatically classified as, and remains                classification is considered to be the                required to mitigate these risks in table
                                             within, class III and requires premarket                initial classification of the device.                 1.




                                        VerDate Sep<11>2014   18:49 Dec 26, 2017   Jkt 244001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\27DER1.SGM   27DER1


                                                             Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                                  61171

                                                                  TABLE 1—RECTAL BALLOON FOR PROSTATE IMMOBILIZATION RISKS AND MITIGATION MEASURES
                                                              Identified risks                                                            Mitigation measures/21 CFR section

                                             Anorectal Toxicity ...................................   Special controls (1)(i) (21 CFR 892.5720(b)(1)(i)), (1)(ii) (21 CFR 892.5720(b)(1)(ii)), (1)(iii) (21 CFR
                                                                                                        892.5720(b)(1)(iii)), (1)(iv) (21 CFR 892.5720(b)(1)(iv)), (2)(i)(D) (21 CFR 892.5720(b)(2)(i)(D)),
                                                                                                        (2)(ii) (21 CFR 892.5720(b)(2)(ii)), (2)(iii) (21 CFR 892.5720(b)(2)(iii)), and (2)(iv) (21 CFR
                                                                                                        892.5720(b)(2)(iv)).
                                             Tissue Damage ......................................     Special controls (1)(iv) (21 CFR 892.5720(b)(1)(iv)), (1)(v) (21 CFR 892.5720(b)(1)(v)), (2)(i)(A) (21
                                                                                                        CFR 892.5720(b)(2)(i)(A)), (2)(i)(D) (21 CFR 892.5720(b)(2)(i)(D)), (2)(ii) (21 CFR
                                                                                                        892.5720(b)(2)(ii)), (2)(iii) (21 CFR 892.5720(b)(2)(iii)), and (2)(iv) (21 CFR 892.5720(b)(2)(iv)).
                                             Perforation of the Rectum ......................         Special controls (1)(v)(A) (21 CFR 892.5720(b)(1)(v)(A)), (1)(v)(B) (21 CFR 892.5720(b)(1)(v)(B)),
                                                                                                        (2)(i)(A) (21 CFR 892.5720(b)(2)(i)(A)), (2)(i)(D) (21 CFR 892.5720(b)(2)(i)(D)), (2)(ii) (21 CFR
                                                                                                        892.5720(b)(2)(ii)), (2)(iii) (21 CFR 892.5720(b)(2)(iii)), and (2)(iv) (21 CFR 892.5720(b)(2)(iv)).
                                             Irradiation of Healthy Tissue ..................         Special controls (1)(v)(A) (21 CFR 892.5720(b)(1)(v)(A)), (1)(v)(B) (21 CFR 892.5720(b)(1)(v)(B)),
                                                                                                        (2)(i)(B) (21 CFR 892.5720(b)(2)(i)(B)), (2)(ii) (21 CFR 892.5720(b)(2)(ii)), (2)(iii) (21 CFR
                                                                                                        892.5720(b)(2)(iii)), and (2)(iv) (21 CFR 892.5720(b)(2)(iv)).
                                             Patient Intolerance .................................    Special controls (1)(v)(A) (21 CFR 892.5720(b)(1)(v)(A)), (2)(i)(A) (21 CFR 892.5720(b)(2)(i)(A)),
                                                                                                        (2)(i)(C) (21 CFR 892.5720(b)(2)(i)(C)), (2)(ii) (21 CFR 892.5720(b)(2)(ii)), (2)(iii) (21 CFR
                                                                                                        892.5720(b)(2)(iii)), and (2)(iv) (21 CFR 892.5720(b)(2)(iv)).



                                               FDA has determined that special                              OMB control number 0910–0120; and                       (iii) If not provided sterile, bioburden
                                             controls, in combination with the                              the collections of information in 21 CFR              testing of the final finished device;
                                             general controls, address these risks to                       part 801, regarding labeling, have been                 (iv) Shelf life and expiration date
                                             health and provide reasonable assurance                        approved under OMB control number                     validation; and
                                             of safety and effectiveness. For a device                      0910–0485.                                              (v) Performance testing including but
                                             to fall within this classification, and                                                                              not limited to:
                                                                                                            List of Subjects in 21 CFR Part 892
                                             thus avoid automatic classification in
                                             class III, it would have to comply with                          Medical devices, Radiation                            (A) Venting mechanism (if device has
                                             the special controls named in this final                       protection, X-rays.                                   a vent mechanism);
                                             order. The necessary special controls                            Therefore, under the Federal Food,                    (B) Safety mechanism(s) to prevent
                                             appear in the regulation codified by this                      Drug, and Cosmetic Act and under                      advancement beyond its intended safe
                                             order. This device is subject to                               authority delegated to the Commissioner               placement; and
                                             premarket notification requirements                            of Food and Drugs, 21 CFR part 892 is                   (C) Structural integrity testing (e.g.,
                                             under section 510(k).                                          amended as follows:                                   tensile strength, balloon leakage and
                                             III. Analysis of Environmental Impact                                                                                burst strength).
                                                                                                            PART 892—RADIOLOGY DEVICES                              (2) Labeling that includes:
                                                The Agency has determined under 21
                                             CFR 25.34(b) that this action is of a type                     ■  1. The authority citation for part 892               (i) Appropriate warnings and
                                             that does not individually or                                  is revised to read as follows:                        contraindications, including, but not
                                             cumulatively have a significant effect on                                                                            limited to the following statements:
                                                                                                              Authority: 21 U.S.C. 351, 360, 360c, 360e,
                                             the human environment. Therefore,                              360j, 360l, 371.
                                                                                                                                                                    (A) ‘‘Do not transport the patient with
                                             neither an environmental assessment                                                                                  the rectal balloon inserted. The balloon
                                             nor an environmental impact statement                          ■ 2. Add § 892.5720 to subpart F to read              should be removed prior to transport.’’;
                                             is required.                                                   as follows:                                             (B) ‘‘Failure to perform the standard
                                             IV. Paperwork Reduction Act of 1995                            § 892.5720 Rectal balloon for prostate                imaging position verification protocol
                                                                                                            immobilization.                                       may cause the device to not perform as
                                               This final order establishes special                                                                               intended.’’;
                                             controls that refer to previously                                 (a) Identification. A rectal balloon for
                                                                                                            prostate immobilization is a single use,                (C) ‘‘Reduce the rectal balloon fill
                                             approved collections of information
                                                                                                            inflatable, non-powered positioning                   volume if the patient experiences
                                             found in other FDA regulations. These
                                                                                                            device placed in the rectum to                        discomfort due to the rectal balloon
                                             collections of information are subject to
                                                                                                            immobilize the prostate in patients                   inflation.’’; and
                                             review by the Office of Management and
                                             Budget (OMB) under the Paperwork                               undergoing radiation therapy. The                       (D) ‘‘Do not apply excessive pressure/
                                             Reduction Act of 1995 (44 U.S.C. 3501–                         device is intended to be used during all              force on the shaft or tubing of the rectal
                                             3520). The collections of information in                       the phases of radiation therapy,                      balloon.’’
                                             the guidance document ‘‘De Novo                                including treatment planning, image                     (ii) Adequate instructions for use on
                                             Classification Process (Evaluation of                          verification, and radiotherapy delivery.              the proper insertion procedure,
                                             Automatic Class III Designation)’’ have                           (b) Classification. Class II (special              positioning, and inflation of the rectal
                                             been approved under OMB control                                controls). The special controls for this              balloon;
                                             number 0910–0844; the collections of                           device are:                                             (iii) Whether the device is sterile or
                                             information in 21 CFR part 814,                                   (1) The premarket notification                     non-sterile; and
                                             subparts A through E, regarding                                submission must include methodology
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                    (iv) An expiration date.
                                             premarket approval, have been                                  and results of the following non-clinical
                                             approved under OMB control number                              and clinical performance testing:                       Dated: December 20, 2017.
                                             0910–0231; the collections of                                     (i) Biocompatibility testing of the final          Leslie Kux,
                                             information in part 807, subpart E,                            finished device;                                      Associate Commissioner for Policy.
                                             regarding premarket notification                                  (ii) If provided sterile, sterilization            [FR Doc. 2017–27856 Filed 12–26–17; 8:45 am]
                                             submissions, have been approved under                          validation;                                           BILLING CODE 4164–01–P




                                        VerDate Sep<11>2014      18:49 Dec 26, 2017      Jkt 244001    PO 00000   Frm 00043   Fmt 4700   Sfmt 9990   E:\FR\FM\27DER1.SGM   27DER1



Document Created: 2017-12-27 02:23:21
Document Modified: 2017-12-27 02:23:21
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 December 27, 2017. The classification was applicable on January 28, 2014.
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 61170 
CFR AssociatedMedical Devices; Radiation Protection and X-Rays

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR