83_FR_4159 83 FR 4139 - Medical Devices; Cardiovascular Devices; Classification of the Temporary Catheter for Embolic Protection During Transcatheter Intracardiac Procedures

83 FR 4139 - Medical Devices; Cardiovascular Devices; Classification of the Temporary Catheter for Embolic Protection During Transcatheter Intracardiac Procedures

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range4139-4141
FR Document2018-01638

The Food and Drug Administration (FDA or we) is classifying the temporary catheter for embolic protection during transcatheter intracardiac procedures 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 temporary catheter for embolic protection during transcatheter intracardiac procedures' 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 83 Issue 20 (Tuesday, January 30, 2018)
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Rules and Regulations]
[Pages 4139-4141]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01638]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 870

[Docket No. FDA-2017-N-6285]


Medical Devices; Cardiovascular Devices; Classification of the 
Temporary Catheter for Embolic Protection During Transcatheter 
Intracardiac Procedures

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or we) is classifying 
the temporary catheter for embolic protection during transcatheter 
intracardiac procedures 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 temporary catheter for 
embolic protection during transcatheter intracardiac procedures' 
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 January 30, 2018. The classification was 
applicable on June 1, 2017.

FOR FURTHER INFORMATION CONTACT: Sadaf Toor, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 1202, Silver Spring, MD 20993-0002, 301-796-6381, 
Sadaf.Toor@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon request, FDA has classified the temporary catheter for embolic 
protection during transcatheter intracardiac procedures 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 (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 and 
part 807 (21 U.S.C. 360(k) and 21 CFR part 807, respectively).
    FDA may also classify a device through ``De Novo'' classification, 
a common name for the process authorized under section 513(f)(2) of the 
FD&C Act. Section 207 of the Food and Drug Administration Modernization 
Act of 1997 established the first procedure for De Novo classification 
(Pub. L. 105-115). Section 607 of the Food and Drug Administration 
Safety and Innovation Act modified the De Novo application process by 
adding a second procedure (Pub. L. 112-144). A device sponsor may 
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device 
that has not previously been classified. After receiving an order from 
FDA classifying the device into class III under section 513(f)(1) of 
the FD&C Act, the person then requests a classification under section 
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k) 
and then a request for classification, if the person determines that 
there is no legally marketed device upon which to base a determination 
of substantial equivalence, that person requests a classification under 
section 513(f)(2) of the FD&C Act.

[[Page 4140]]

    Under either procedure for De Novo classification, FDA is required 
to classify the device by written order within 120 days. The 
classification will be according to the criteria under section 
513(a)(1) of the FD&C Act. Although the device was automatically within 
class III, the De Novo classification is considered to be the initial 
classification of the device.
    We believe this De Novo classification will enhance patients' 
access to beneficial innovation, in part by reducing regulatory 
burdens. When FDA classifies a device into class I or II via the De 
Novo process, the device can serve as a predicate for future devices of 
that type, including for 510(k)s (see 21 U.S.C. 360c(f)(2)(B)(i)). As a 
result, other device sponsors do not have to submit a De Novo request 
or premarket approval application in order to market a substantially 
equivalent device (see 21 U.S.C. 360c(i), defining ``substantial 
equivalence''). Instead, sponsors can use the less-burdensome 510(k) 
process, when necessary, to market their device.

II. De Novo Classification

    On September 20, 2016, Claret Medical, Inc., submitted a request 
for De Novo classification of the Sentinel[supreg] Cerebral Protection 
System. FDA reviewed the request in order to classify the device under 
the criteria for classification set forth in section 513(a)(1) of the 
FD&C Act.
    We classify devices into class II if general controls by themselves 
are insufficient to provide reasonable assurance of safety and 
effectiveness, but there is sufficient information to establish special 
controls that, in combination with the 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 the 
general controls, will provide reasonable assurance of the safety and 
effectiveness of the device.
    Therefore, on June 1, 2017, FDA issued an order to the requester 
classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 870.1251. We have named 
the generic type of device temporary catheter for embolic protection 
during transcatheter intracardiac procedures, and it is identified as a 
single use percutaneous catheter system that has (a) blood filter(s) at 
the distal end. This device is indicated for use while performing 
transcatheter intracardiac procedures. The device is used to filter 
blood in a manner that may prevent embolic material (thrombus/debris) 
from the transcatheter intracardiac procedure from traveling towards 
the cerebral circulation.
    FDA has identified the following risks to health associated 
specifically with this type of device and the measures required to 
mitigate these risks in table 1.

 Table 1--Temporary Catheter for Embolic Protection During Transcatheter
          Intracardiac Procedures Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risks                   Mitigation measures
------------------------------------------------------------------------
Device failure leading to debris         Non-clinical performance
 embolization and stroke or death.        testing, Animal testing, and
                                          Clinical performance testing.
Impeded or disrupted blood flow leading  Non-clinical performance
 to peripheral ischemia.                  testing, Animal testing,
                                          Clinical performance testing,
                                          and Labeling.
Device incompatibility with              Non-clinical performance
 transcatheter intracardiac procedure     testing, Animal testing,
 device leading to prolonged treatment    Clinical performance testing,
 time or device failure.                  and Labeling.
Adverse tissue reaction................  Biocompatibility evaluation.
Infection..............................  Sterilization validation, Shelf
                                          life testing, and Labeling.
Vascular injury due to device delivery,  Non-clinical performance
 deployment, placement, or retrieval.     testing, Animal testing,
                                          Clinical performance testing,
                                          and Labeling.
------------------------------------------------------------------------

    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) of the FD&C Act.

III. Analysis of Environmental Impact

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

IV. Paperwork Reduction Act of 1995

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

List of Subjects in 21 CFR Part 870

    Medical devices.

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

PART 870--CARDIOVASCULAR DEVICES

0
1. The authority citation for part 870 continues to read as follows:

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

0
2. Add Sec.  870.1251 to subpart B to read as follows:

[[Page 4141]]

Sec.  870.1251  Temporary catheter for embolic protection during 
transcatheter intracardiac procedures.

    (a) Identification. This device is a single use percutaneous 
catheter system that has (a) blood filter(s) at the distal end. This 
device is indicated for use while performing transcatheter intracardiac 
procedures. The device is used to filter blood in a manner that may 
prevent embolic material (thrombus/debris) from the transcatheter 
intracardiac procedure from traveling towards the cerebral circulation.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) Non-clinical performance testing must demonstrate that the 
device performs as intended under anticipated conditions of use. The 
following performance characteristics must be tested:
    (i) Simulated-use testing in a clinically relevant bench anatomic 
model to assess the following:
    (A) Delivery, deployment, and retrieval, including quantifying 
deployment and retrieval forces, and procedural time; and
    (B) Device compatibility and lack of interference with the 
transcatheter intracardiac procedure and device.
    (ii) Tensile strengths of joints and components, tip flexibility, 
torque strength, torque response, and kink resistance.
    (iii) Flow characteristics.
    (A) The ability of the filter to not impede blood flow.
    (B) The amount of time the filter can be deployed in position and/
or retrieved from its location without disrupting blood flow.
    (iv) Characterization and verification of all dimensions.
    (2) Animal testing must demonstrate that the device performs as 
intended under anticipated conditions of use. The following performance 
characteristics must be assessed:
    (i) Delivery, deployment, and retrieval, including quantifying 
procedural time.
    (ii) Device compatibility and lack of interference with the 
transcatheter intracardiac procedure and device.
    (iii) Flow characteristics.
    (A) The ability of the filter to not impede blood flow.
    (B) The amount of time the filter can be deployed in position and/
or retrieved from its location without disrupting blood flow.
    (iv) Gross pathology and histopathology assessing vascular injury 
and downstream embolization.
    (3) All patient contacting components of the device must be 
demonstrated to be biocompatible.
    (4) Performance data must demonstrate the sterility of the device 
components intended to be provided sterile.
    (5) Performance data must support the shelf life of the device by 
demonstrating continued sterility, package integrity, and device 
functionality over the identified shelf life.
    (6) Labeling for the device must include:
    (i) Instructions for use;
    (ii) Compatible transcatheter intracardiac procedure devices;
    (iii) A detailed summary of the clinical testing conducted; and
    (iv) A shelf life and storage conditions.
    (7) Clinical performance testing must demonstrate:
    (i) The ability to safely deliver, deploy, and remove the device;
    (ii) The ability of the device to filter embolic material while not 
impeding blood flow;
    (iii) Secure positioning and stability of the position throughout 
the transcatheter intracardiac procedure; and
    (iv) Evaluation of all adverse events including death, stroke, and 
vascular injury.

    Dated: January 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-01638 Filed 1-29-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                               Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations                                           4139

                                             amendment that was published in the                       Dated: January 24, 2018.                             innovation, in part by reducing
                                             Federal Register on July 1, 1997. The                   Brent J. Fields,                                       regulatory burdens by placing the
                                             Commission adopted revisions to forms                   Secretary.                                             device into a lower device class than the
                                             and schedules filed under the Securities                [FR Doc. 2018–01681 Filed 1–29–18; 8:45 am]            automatic class III assignment.
                                             Act of 1933, the Securities Exchange Act                BILLING CODE 8011–01–P
                                                                                                                                                               The automatic assignment of class III
                                             of 1934, related provisions of the                                                                             occurs by operation of law and without
                                             Investment Company Act of 1940 and                                                                             any action by FDA, regardless of the
                                             the Public Utility Holding Company Act                                                                         level of risk posed by the new device.
                                                                                                     DEPARTMENT OF HEALTH AND
                                             of 1935, and the Trust Indenture Act of                                                                        Any device that was not in commercial
                                                                                                     HUMAN SERVICES                                         distribution before May 28, 1976, is
                                             1939, to eliminate the portion of those
                                             forms that requests filers who are                      Food and Drug Administration                           automatically classified as, and remains
                                             natural persons to furnish their Social                                                                        within, class III and requires premarket
                                             Security numbers. The 1997 amendment                    21 CFR Part 870                                        approval unless and until FDA takes an
                                             to Form MSD inadvertently omitted the                                                                          action to classify or reclassify the device
                                             removal of the second of two references                 [Docket No. FDA–2017–N–6285]                           (see 21 U.S.C. 360c(f)(1)). We refer to
                                             to Social Security numbers in the                                                                              these devices as ‘‘postamendments
                                                                                                     Medical Devices; Cardiovascular                        devices’’ because they were not in
                                             instructions to the form.                               Devices; Classification of the
                                             DATES: Effective January 30, 2018.                                                                             commercial distribution prior to the
                                                                                                     Temporary Catheter for Embolic                         date of enactment of the Medical Device
                                             FOR FURTHER INFORMATION CONTACT:                        Protection During Transcatheter                        Amendments of 1976, which amended
                                             Brice Prince, at (202) 551–5777,                        Intracardiac Procedures                                the Federal Food, Drug, and Cosmetic
                                             Division of Trading and Markets,
                                                                                                     AGENCY:    Food and Drug Administration,               Act (FD&C Act).
                                             Securities and Exchange Commission,                                                                               FDA may take a variety of actions in
                                             100 F Street NE, Washington, DC 20549.                  HHS.
                                                                                                                                                            appropriate circumstances to classify or
                                             SUPPLEMENTARY INFORMATION: We are                       ACTION:   Final order.
                                                                                                                                                            reclassify a device into class I or II. We
                                             making a technical correction to Form                                                                          may issue an order finding a new device
                                                                                                     SUMMARY:   The Food and Drug
                                             MSD 1 under the Exchange Act.2                                                                                 to be substantially equivalent under
                                                                                                     Administration (FDA or we) is
                                             List of Subjects in 17 CFR Part 249                     classifying the temporary catheter for                 section 513(i) of the FD&C Act (21
                                                                                                     embolic protection during transcatheter                U.S.C. 360c(i)) to a predicate device that
                                               Reporting and recordkeeping                                                                                  does not require premarket approval.
                                             requirements, Securities.                               intracardiac procedures into class II
                                                                                                     (special controls). The special controls               We determine whether a new device is
                                             Text of the Amendments                                  that apply to the device type are                      substantially equivalent to a predicate
                                                                                                     identified in this order and will be part              by means of the procedures for
                                               For the reasons set out above, title 17,
                                                                                                     of the codified language for the                       premarket notification under section
                                             chapter II of the Code of Federal
                                                                                                     temporary catheter for embolic                         510(k) of the FD&C Act and part 807 (21
                                             Regulations is amended as follows:
                                                                                                     protection during transcatheter                        U.S.C. 360(k) and 21 CFR part 807,
                                             PART 249—FORMS, SECURITIES                              intracardiac procedures’ classification.               respectively).
                                             EXCHANGE ACT OF 1934                                    We are taking this action because we                      FDA may also classify a device
                                                                                                     have determined that classifying the                   through ‘‘De Novo’’ classification, a
                                             ■ 1. The general authority citation for                 device into class II (special controls)                common name for the process
                                             part 249 continues to read as follows:                                                                         authorized under section 513(f)(2) of the
                                                                                                     will provide a reasonable assurance of
                                                                                                                                                            FD&C Act. Section 207 of the Food and
                                                Authority: 15 U.S.C. 78a et seq. and 7201            safety and effectiveness of the device.
                                             et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350;                                                               Drug Administration Modernization Act
                                                                                                     We believe this action will also enhance
                                             Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904;                                                                  of 1997 established the first procedure
                                                                                                     patients’ access to beneficial innovative
                                             Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309                                                                 for De Novo classification (Pub. L. 105–
                                                                                                     devices, in part by reducing regulatory
                                             (2012); Sec. 107, Pub. L. 112–106, 126 Stat.                                                                   115). Section 607 of the Food and Drug
                                                                                                     burdens.
                                             313 (2012), and Sec. 72001, Pub. L. 114–94,                                                                    Administration Safety and Innovation
                                             129 Stat. 1312 (2015), unless otherwise                 DATES: This order is effective January                 Act modified the De Novo application
                                             noted.                                                  30, 2018. The classification was                       process by adding a second procedure
                                             *     *     *     *    *                                applicable on June 1, 2017.                            (Pub. L. 112–144). A device sponsor
                                             ■ 2. Amend General Instruction M to                     FOR FURTHER INFORMATION CONTACT:                       may utilize either procedure for De
                                             Form MSD (referenced in § 249.1100),                    Sadaf Toor, Center for Devices and                     Novo classification.
                                             by removing the text ‘‘; social security                Radiological Health, Food and Drug                        Under the first procedure, the person
                                             numbers, if furnished, will be used only                Administration, 10903 New Hampshire                    submits a 510(k) for a device that has
                                             to assist the Commission in identifying                 Ave., Bldg. 66, Rm. 1202, Silver Spring,               not previously been classified. After
                                             applicants and, therefore, in promptly                  MD 20993–0002, 301–796–6381,                           receiving an order from FDA classifying
                                             processing applications’’ from the end                  Sadaf.Toor@fda.hhs.gov.                                the device into class III under section
                                             of the third sentence.                                  SUPPLEMENTARY INFORMATION:                             513(f)(1) of the FD&C Act, the person
                                                                                                                                                            then requests a classification under
                                               Note: The text of Form MSD does not, and              I. Background
                                             the amendments will not, appear in the Code                                                                    section 513(f)(2).
                                             of Federal Regulations.                                   Upon request, FDA has classified the                    Under the second procedure, rather
                                                                                                     temporary catheter for embolic                         than first submitting a 510(k) and then
rmajette on DSKBCKNHB2PROD with RULES




                                             *      *     *       *      *                           protection during transcatheter                        a request for classification, if the person
                                                                                                     intracardiac procedures as class II                    determines that there is no legally
                                               1 17 CFR 249.1100, Form MSD, application for
                                                                                                     (special controls), which we have                      marketed device upon which to base a
                                             registration as a municipal securities dealer           determined will provide a reasonable                   determination of substantial
                                             pursuant to rule 15Ba2–1 under the Securities
                                             Exchange Act of 1934 or amendment to such               assurance of safety and effectiveness. In              equivalence, that person requests a
                                             application.                                            addition, we believe this action will                  classification under section 513(f)(2) of
                                               2 15 U.S.C. 78a et seq.                               enhance patients’ access to beneficial                 the FD&C Act.


                                        VerDate Sep<11>2014   15:14 Jan 29, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\30JAR1.SGM   30JAR1


                                             4140                     Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations

                                                Under either procedure for De Novo                                      II. De Novo Classification                                      assurance of the safety and effectiveness
                                             classification, FDA is required to                                            On September 20, 2016, Claret                                of the device.
                                             classify the device by written order                                       Medical, Inc., submitted a request for De                          Therefore, on June 1, 2017, FDA
                                             within 120 days. The classification will                                   Novo classification of the Sentinel®                            issued an order to the requester
                                             be according to the criteria under                                         Cerebral Protection System. FDA                                 classifying the device into class II. FDA
                                             section 513(a)(1) of the FD&C Act.                                         reviewed the request in order to classify                       is codifying the classification of the
                                             Although the device was automatically                                      the device under the criteria for                               device by adding 21 CFR 870.1251. We
                                             within class III, the De Novo                                              classification set forth in section                             have named the generic type of device
                                             classification is considered to be the                                     513(a)(1) of the FD&C Act.                                      temporary catheter for embolic
                                             initial classification of the device.                                         We classify devices into class II if                         protection during transcatheter
                                                We believe this De Novo classification                                  general controls by themselves are                              intracardiac procedures, and it is
                                             will enhance patients’ access to                                           insufficient to provide reasonable                              identified as a single use percutaneous
                                             beneficial innovation, in part by                                          assurance of safety and effectiveness,                          catheter system that has (a) blood
                                             reducing regulatory burdens. When FDA                                      but there is sufficient information to                          filter(s) at the distal end. This device is
                                             classifies a device into class I or II via                                 establish special controls that, in                             indicated for use while performing
                                             the De Novo process, the device can                                        combination with the general controls,                          transcatheter intracardiac procedures.
                                             serve as a predicate for future devices of                                 provide reasonable assurance of the                             The device is used to filter blood in a
                                             that type, including for 510(k)s (see 21                                   safety and effectiveness of the device for                      manner that may prevent embolic
                                             U.S.C. 360c(f)(2)(B)(i)). As a result, other                               its intended use (see 21 U.S.C.                                 material (thrombus/debris) from the
                                             device sponsors do not have to submit                                      360c(a)(1)(B)). After review of the                             transcatheter intracardiac procedure
                                             a De Novo request or premarket                                             information submitted in the request,                           from traveling towards the cerebral
                                             approval application in order to market                                    we determined that the device can be                            circulation.
                                             a substantially equivalent device (see 21                                  classified into class II with the                                  FDA has identified the following risks
                                             U.S.C. 360c(i), defining ‘‘substantial                                     establishment of special controls. FDA                          to health associated specifically with
                                             equivalence’’). Instead, sponsors can use                                  has determined that these special                               this type of device and the measures
                                             the less-burdensome 510(k) process,                                        controls, in addition to the general                            required to mitigate these risks in table
                                             when necessary, to market their device.                                    controls, will provide reasonable                               1.

                                                 TABLE 1—TEMPORARY CATHETER FOR EMBOLIC PROTECTION DURING TRANSCATHETER INTRACARDIAC PROCEDURES
                                                                                 RISKS AND MITIGATION MEASURES
                                                                                        Identified risks                                                                                 Mitigation measures

                                             Device failure leading to debris embolization and stroke or death ..........                                     Non-clinical performance testing, Animal testing, and Clinical perform-
                                                                                                                                                                ance testing.
                                             Impeded or disrupted blood flow leading to peripheral ischemia ............                                      Non-clinical performance testing, Animal testing, Clinical performance
                                                                                                                                                                testing, and Labeling.
                                             Device incompatibility with transcatheter intracardiac procedure device                                          Non-clinical performance testing, Animal testing, Clinical performance
                                                leading to prolonged treatment time or device failure.                                                          testing, and Labeling.
                                             Adverse tissue reaction ............................................................................             Biocompatibility evaluation.
                                             Infection ....................................................................................................   Sterilization validation, Shelf life testing, and Labeling.
                                             Vascular injury due to device delivery, deployment, placement, or re-                                            Non-clinical performance testing, Animal testing, Clinical performance
                                                trieval.                                                                                                        testing, and Labeling.



                                               FDA has determined that special                                          IV. Paperwork Reduction Act of 1995                             0910–0120; and the collections of
                                             controls, in combination with the                                                                                                          information in 21 CFR part 801,
                                             general controls, address these risks to                                     This final order establishes special                          regarding labeling, have been approved
                                             health and provide reasonable assurance                                    controls that refer to previously                               under OMB control number 0910–0485.
                                             of safety and effectiveness. For a device                                  approved collections of information
                                             to fall within this classification, and                                    found in other FDA regulations. These                           List of Subjects in 21 CFR Part 870
                                             thus avoid automatic classification in                                     collections of information are subject to
                                                                                                                        review by the Office of Management and                              Medical devices.
                                             class III, it would have to comply with
                                             the special controls named in this final                                   Budget (OMB) under the Paperwork                                  Therefore, under the Federal Food,
                                             order. The necessary special controls                                      Reduction Act of 1995 (44 U.S.C. 3501–                          Drug, and Cosmetic Act and under
                                             appear in the regulation codified by this                                  3520). The collections of information in                        authority delegated to the Commissioner
                                             order. This device is subject to                                           the guidance document ‘‘De Novo                                 of Food and Drugs, 21 CFR part 870 is
                                             premarket notification requirements                                        Classification Process (Evaluation of                           amended as follows:
                                             under section 510(k) of the FD&C Act.                                      Automatic Class III Designation)’’ have
                                                                                                                        been approved under OMB control                                 PART 870—CARDIOVASCULAR
                                             III. Analysis of Environmental Impact                                      number 0910–0844; the collections of                            DEVICES
                                                The Agency has determined under 21                                      information in part 814, subparts A
rmajette on DSKBCKNHB2PROD with RULES




                                             CFR 25.34(b) that this action is of a type                                 through E, regarding premarket                                  ■ 1. The authority citation for part 870
                                             that does not individually or                                              approval, have been approved under                              continues to read as follows:
                                             cumulatively have a significant effect on                                  OMB control number 0910–0231; the
                                                                                                                                                                                          Authority: 21 U.S.C. 351, 360, 360c, 360e,
                                             the human environment. Therefore,                                          collections of information in part 807,
                                                                                                                                                                                        360j, 360l, 371.
                                             neither an environmental assessment                                        subpart E, regarding premarket
                                             nor an environmental impact statement                                      notification submissions, have been                             ■ 2. Add § 870.1251 to subpart B to read
                                             is required.                                                               approved under OMB control number                               as follows:


                                        VerDate Sep<11>2014         15:14 Jan 29, 2018         Jkt 244001      PO 00000        Frm 00010       Fmt 4700       Sfmt 4700   E:\FR\FM\30JAR1.SGM   30JAR1


                                                               Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Rules and Regulations                                           4141

                                             § 870.1251 Temporary catheter for embolic                  (4) Performance data must                           and effectiveness of the device. We
                                             protection during transcatheter intracardiac            demonstrate the sterility of the device                believe this action will also enhance
                                             procedures.                                             components intended to be provided                     patients’ access to beneficial innovative
                                                (a) Identification. This device is a                 sterile.                                               devices, in part by reducing regulatory
                                             single use percutaneous catheter system                    (5) Performance data must support the               burdens.
                                             that has (a) blood filter(s) at the distal              shelf life of the device by demonstrating              DATES: This order is effective January
                                             end. This device is indicated for use                   continued sterility, package integrity,                30, 2018. The classification was
                                             while performing transcatheter                          and device functionality over the                      applicable on December 20, 2016.
                                             intracardiac procedures. The device is                  identified shelf life.                                 FOR FURTHER INFORMATION CONTACT:
                                             used to filter blood in a manner that                      (6) Labeling for the device must
                                             may prevent embolic material                                                                                   Steven Elliott, Center for Devices and
                                                                                                     include:                                               Radiological Health, Food and Drug
                                             (thrombus/debris) from the transcatheter                   (i) Instructions for use;
                                             intracardiac procedure from traveling                                                                          Administration, 10903 New Hampshire
                                                                                                        (ii) Compatible transcatheter                       Ave., Bldg. 66, Rm. 2565, Silver Spring,
                                             towards the cerebral circulation.                       intracardiac procedure devices;
                                                (b) Classification. Class II (special                                                                       MD 20993–0002, 301–796–5285,
                                                                                                        (iii) A detailed summary of the                     steven.elliott@fda.hhs.gov.
                                             controls). The special controls for this                clinical testing conducted; and
                                             device are:                                                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                        (iv) A shelf life and storage
                                                (1) Non-clinical performance testing                                                                        I. Background
                                                                                                     conditions.
                                             must demonstrate that the device
                                                                                                        (7) Clinical performance testing must                 Upon request, FDA has classified the
                                             performs as intended under anticipated
                                                                                                     demonstrate:                                           surgical smoke precipitator as class II
                                             conditions of use. The following
                                                                                                        (i) The ability to safely deliver,                  (special controls), which we have
                                             performance characteristics must be
                                                                                                     deploy, and remove the device;                         determined will provide a reasonable
                                             tested:
                                                (i) Simulated-use testing in a                          (ii) The ability of the device to filter            assurance of safety and effectiveness. In
                                             clinically relevant bench anatomic                      embolic material while not impeding                    addition, we believe this action will
                                             model to assess the following:                          blood flow;                                            enhance patients’ access to beneficial
                                                (A) Delivery, deployment, and                           (iii) Secure positioning and stability              innovation, in part by reducing
                                             retrieval, including quantifying                        of the position throughout the                         regulatory burdens by placing the
                                             deployment and retrieval forces, and                    transcatheter intracardiac procedure;                  device into a lower device class than the
                                             procedural time; and                                    and                                                    automatic class III assignment.
                                                (B) Device compatibility and lack of                    (iv) Evaluation of all adverse events                 The automatic assignment of class III
                                             interference with the transcatheter                     including death, stroke, and vascular                  occurs by operation of law and without
                                             intracardiac procedure and device.                      injury.                                                any action by FDA, regardless of the
                                                (ii) Tensile strengths of joints and                   Dated: January 24, 2018.                             level of risk posed by the new device.
                                             components, tip flexibility, torque                     Leslie Kux,                                            Any device that was not in commercial
                                             strength, torque response, and kink                     Associate Commissioner for Policy.                     distribution before May 28, 1976, is
                                             resistance.                                             [FR Doc. 2018–01638 Filed 1–29–18; 8:45 am]            automatically classified as, and remains
                                                (iii) Flow characteristics.                                                                                 within, class III and requires premarket
                                                (A) The ability of the filter to not                 BILLING CODE 4164–01–P
                                                                                                                                                            approval unless and until FDA takes an
                                             impede blood flow.                                                                                             action to classify or reclassify the device
                                                (B) The amount of time the filter can                                                                       (see 21 U.S.C. 360c(f)(1)). We refer to
                                             be deployed in position and/or retrieved                DEPARTMENT OF HEALTH AND
                                                                                                     HUMAN SERVICES                                         these devices as ‘‘postamendments
                                             from its location without disrupting                                                                           devices’’ because they were not in
                                             blood flow.                                             Food and Drug Administration                           commercial distribution prior to the
                                                (iv) Characterization and verification                                                                      date of enactment of the Medical Device
                                             of all dimensions.                                                                                             Amendments of 1976, which amended
                                                (2) Animal testing must demonstrate                  21 CFR Part 878
                                                                                                                                                            the Federal Food, Drug, and Cosmetic
                                             that the device performs as intended                    [Docket No. FDA–2017–N–6598]
                                                                                                                                                            Act (FD&C Act).
                                             under anticipated conditions of use. The
                                                                                                     Medical Devices; General and Plastic                     FDA may take a variety of actions in
                                             following performance characteristics
                                                                                                     Surgery Devices; Classification of the                 appropriate circumstances to classify or
                                             must be assessed:
                                                (i) Delivery, deployment, and                        Surgical Smoke Precipitator                            reclassify a device into class I or II. We
                                             retrieval, including quantifying                                                                               may issue an order finding a new device
                                             procedural time.                                        AGENCY:    Food and Drug Administration,               to be substantially equivalent under
                                                (ii) Device compatibility and lack of                HHS.                                                   section 513(i) of the FD&C Act (21
                                             interference with the transcatheter                     ACTION:   Final order.                                 U.S.C. 360c(i)) to a predicate device that
                                             intracardiac procedure and device.                                                                             does not require premarket approval.
                                                (iii) Flow characteristics.                          SUMMARY:   The Food and Drug                           We determine whether a new device is
                                                (A) The ability of the filter to not                 Administration (FDA or we) is                          substantially equivalent to a predicate
                                             impede blood flow.                                      classifying the surgical smoke                         by means of the procedures for
                                                (B) The amount of time the filter can                precipitator into class II (special                    premarket notification under section
                                             be deployed in position and/or retrieved                controls). The special controls that                   510(k) of the FD&C Act and part 807 (21
                                             from its location without disrupting                    apply to the device type are identified                U.S.C. 360(k) and 21 CFR part 807,
rmajette on DSKBCKNHB2PROD with RULES




                                             blood flow.                                             in this order and will be part of the                  respectively).
                                                (iv) Gross pathology and                             codified language for the surgical smoke                 FDA may also classify a device
                                             histopathology assessing vascular injury                precipitator’s classification. We are                  through ‘‘De Novo’’ classification, a
                                             and downstream embolization.                            taking this action because we have                     common name for the process
                                                (3) All patient contacting components                determined that classifying the device                 authorized under section 513(f)(2) of the
                                             of the device must be demonstrated to                   into class II (special controls) will                  FD&C Act. Section 207 of the Food and
                                             be biocompatible.                                       provide a reasonable assurance of safety               Drug Administration Modernization Act


                                        VerDate Sep<11>2014   15:14 Jan 29, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\30JAR1.SGM   30JAR1



Document Created: 2018-10-26 10:11:55
Document Modified: 2018-10-26 10:11:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order.
DatesThis order is effective January 30, 2018. The classification was applicable on June 1, 2017.
ContactSadaf Toor, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1202, Silver Spring, MD 20993-0002, 301-796-6381, [email protected]
FR Citation83 FR 4139 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR