83_FR_604 83 FR 600 - Medical Devices; Radiology Devices; Classification of the Absorbable Perirectal Spacer

83 FR 600 - Medical Devices; Radiology Devices; Classification of the Absorbable Perirectal Spacer

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 4 (January 5, 2018)

Page Range600-602
FR Document2018-00051

The Food and Drug Administration (FDA or we) is classifying the absorbable perirectal spacer 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 absorbable perirectal spacer'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 83 Issue 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 600-602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00051]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 892

[Docket No. FDA-2017-N-6539]


Medical Devices; Radiology Devices; Classification of the 
Absorbable Perirectal Spacer

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or we) is classifying 
the absorbable perirectal spacer 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 absorbable 
perirectal spacer'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 January 5, 2018. The classification was 
applicable on April 1, 2015.

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

[[Page 601]]

II. De Novo Classification

    On October 1, 2014, Augmenix, Inc. submitted a request for De Novo 
classification of the SpaceOAR 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 general 
controls, will provide reasonable assurance of the safety and 
effectiveness of the device.
    Therefore, on April 1, 2015, 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 892.5725. We have named 
the generic type of device absorbable perirectal spacer, and it is 
identified as a device composed of biodegradable material that 
temporarily positions the anterior rectal wall away from the prostate 
during radiotherapy for prostate cancer with the intent to reduce the 
radiation dose delivered to the anterior rectum. The absorbable spacer 
maintains space for the entire course of prostate radiotherapy 
treatment and is completely absorbed by the patient's body over time.
    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--Absorbable Perirectal Spacer Risks and Mitigation Measures
------------------------------------------------------------------------
                                            Mitigation measures/21 CFR
            Identified risks                         section
------------------------------------------------------------------------
Device functional failure or the device  Special Controls (1)(i) (21 CFR
 is unable to maintain space stability    892.5725(b)(1)(i)), (1)(ii)
 during the course of radiation therapy.  (21 CFR 892.5725(b)(1)(ii)),
                                          (1)(iv) (21 CFR
                                          892.5725(b)(1)(iv)), and
                                          (1)(vi) (21 CFR
                                          892.5725(b)(1)(vi)).
Prolonged or delayed procedure.........  Special Controls (1)(iii) (21
                                          CFR 892.5725(b)(1)(iii)),
                                          (1)(iv) (21 CFR
                                          892.5725(b)(1)(iv)), (2) (21
                                          CFR 892.5725(b)(2)), and (3)
                                          (21 CFR 892.5725(b)(3)).
Needle penetration and/or spacer         Special Controls (1)(iv) (21
 material injection into bloodstream,     CFR 892.5725(b)(1)(iv)), (2)
 bladder, prostate, rectal wall,          (21 CFR 892.5725(b)(2)), and
 rectum, or urethra.                      (3) (21 CFR 892.5725(b)(3)).
Incomplete absorption..................  Special Controls (1)(iii) (21
                                          CFR 892.5725(b)(1)(iii)),
                                          (1)(iv) (21 CFR
                                          892.5725(b)(1)(iv)), and
                                          (1)(vii) (21 CFR
                                          892.5725(b)(1)(vii)).
Infection or local tissue inflammatory   Special Controls (1)(iv) (21
 reactions.                               CFR 892.5725(b)(1)(iv)),
                                          (1)(v) (21 CFR
                                          892.5725(b)(1)(v)), (1)(vi)
                                          (21 CFR 892.5725(b)(1)(vi)),
                                          (1)(vii) (21 CFR
                                          892.5725(b)(1)(vii)), and (3)
                                          (21 CFR 892.5725(b)(3)).
Pain or discomfort associated with       Special Controls (1)(iv) (21
 spacer.                                  CFR 892.5725(b)(1)(iv)) and
                                          (3) (21 CFR 892.5725(b)(3)).
Urine retention, bleeding, rectal        Special Controls (1)(iii) (21
 mucosal damage, ulcers, necrosis,        CFR 892.5725(b)(1)(iii)),
 constipation, or rectal urgency.         (1)(iv) (21 CFR
                                          892.5725(b)(1)(iv)), (1)(vii)
                                          (21 CFR 892.5725(b)(1)(vii)),
                                          (2) (21 CFR 892.5725(b)(2)),
                                          and (3) (21 CFR
                                          892.5725(b)(3)).
------------------------------------------------------------------------

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

III. Analysis of Environmental Impact

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

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to 
previously approved collections of information found in other FDA 
regulations. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 
the guidance document ``De Novo Classification Process (Evaluation of 
Automatic Class III Designation)'' have been approved under OMB control 
number 0910-0844; the collections of information in 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; the collections of 
information in part 820 have been approved under OMB control number 
0910-0073; 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 continues to read as follows:

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


0
2. Add Sec.  892.5725 to subpart F to read as follows:


Sec.  892.5725  Absorbable perirectal spacer.

    (a) Identification. An absorbable perirectal spacer is composed of 
biodegradable material that temporarily positions the anterior rectal 
wall away from the prostate during radiotherapy for prostate cancer 
with the intent to

[[Page 602]]

reduce the radiation dose delivered to the anterior rectum. The 
absorbable spacer maintains space for the entire course of prostate 
radiotherapy treatment and is completely absorbed by the patient's body 
over time.
    (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. For all clinical investigations used to support premarket 
notification submissions for this type of device, line listings of the 
study data must be provided.
    (i) Performance bench testing must demonstrate appropriate 
perirectal space creation and maintenance for the duration of prostate 
radiotherapy.
    (ii) Performance bench testing must demonstrate that therapeutic 
radiation levels do not alter the performance of the device.
    (iii) Performance in vivo testing must demonstrate appropriate 
deployment of spacer as indicated in the accompanying labeling, and 
demonstrate appropriate expansion and absorption characteristics in a 
clinically relevant environment.
    (iv) Clinical study must demonstrate appropriate spacer stability 
and lack of migration for the entire course of radiotherapy, complete 
absorption, and lack of long term toxicity.
    (v) Sterility testing must demonstrate the sterility of the device 
and the effects of the sterilization process on the physical 
characteristics of the spacer.
    (vi) Shelf-life testing must demonstrate the stability of the 
physical characteristics of the spacer throughout the shelf-life as 
indicated in the accompanying labeling.
    (vii) The device must be demonstrated to be biocompatible.
    (2) The risk management activities performed as part of the 
manufacturer's Sec.  820.30 design controls must document an 
appropriate end user initial training program which will be offered as 
part of efforts to mitigate the risk of failure to correctly operate 
the device, including, but not limited to, documentation of an 
appropriate end user initial training program on the proper spacer 
deployment technique.
    (3) The device labeling must include the following:
    (i) A detailed summary of reported or observed complications 
related to the use of the device;
    (ii) Appropriate warnings;
    (iii) Detailed instructions for system preparations and detailed 
implant procedure instructions; and
    (iv) An expiration date that is supported by performance data as 
specified in paragraph (b)(1)(vi) of this section.

    Dated: January 2, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-00051 Filed 1-4-18; 8:45 am]
 BILLING CODE 4164-01-P



                                             600                  Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations

                                                Æ Facilities that would qualify as                   ACTION:   Final order.                                 does not require premarket approval.
                                             secondary activities farms except that                                                                         We determine whether a new device is
                                             they pack, package, label, and/or hold                  SUMMARY:    The Food and Drug                          substantially equivalent to a predicate
                                             processed food that consists only of                    Administration (FDA or we) is                          by means of the procedures for
                                             RACs that have been dried/dehydrated                    classifying the absorbable perirectal                  premarket notification under section
                                             to create a distinct commodity (e.g.,                   spacer into class II (special controls).               510(k) of the FD&C Act (21 U.S.C.
                                             dried beans);                                           The special controls that apply to the                 360(k)) and part 807 (21 CFR part 807).
                                                Æ Farm mixed-type facilities making                  device type are identified in this order
                                                                                                     and will be part of the codified language                 FDA may also classify a device
                                             silage food for animals;
                                                • Written assurances under the                       for the absorbable perirectal spacer’s                 through ‘‘De Novo’’ classification, a
                                             ‘‘customer provisions’’ in part 117 and                 classification. We are taking this action              common name for the process
                                             related rules;                                          because we have determined that                        authorized under section 513(f)(2) of the
                                                • Importation of food contact                        classifying the device into class II                   FD&C Act. Section 207 of the Food and
                                             substances under the FSVP regulation;                   (special controls) will provide a                      Drug Administration Modernization Act
                                             and                                                     reasonable assurance of safety and                     of 1997 established the first procedure
                                                • Certain human food by-products for                 effectiveness of the device. We believe                for De Novo classification (Pub. L. 105–
                                             use as animal food, with regard to                      this action will also enhance patients’                115). Section 607 of the Food and Drug
                                             certain requirements under part 507.                    access to beneficial innovative devices,               Administration Safety and Innovation
                                                                                                     in part by reducing regulatory burdens.                Act modified the De Novo application
                                             II. Paperwork Reduction Act of 1995                                                                            process by adding a second procedure
                                                                                                     DATES: This order is effective January 5,
                                                This guidance refers to previously                   2018. The classification was applicable                (Pub. L. 112–144). A device sponsor
                                             approved collections of information                     on April 1, 2015.                                      may utilize either procedure for De
                                             found in FDA regulations. These                                                                                Novo classification.
                                             collections of information are subject to               FOR FURTHER INFORMATION CONTACT:
                                                                                                     Steven Tjoe, Center for Devices and                       Under the first procedure, the person
                                             review by the Office of Management and                                                                         submits a 510(k) for a device that has
                                             Budget (OMB) under the Paperwork                        Radiological Health, Food and Drug
                                                                                                     Administration, 10903 New Hampshire                    not previously been classified. After
                                             Reduction Act of 1995 (44 U.S.C. 3501–                                                                         receiving an order from FDA classifying
                                             3520). The collections of information in                Ave., Bldg. 66, Rm. 4550, Silver Spring,
                                                                                                     MD 20993–0002, 301–796–5866,                           the device into class III under section
                                             part 117 have been approved under                                                                              513(f)(1) of the FD&C Act, the person
                                             OMB control number 0910–0751. The                       steven.tjoe@fda.hhs.gov.
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                            then requests a classification under
                                             collections of information in part 507                                                                         section 513(f)(2).
                                             have been approved under OMB control                    I. Background
                                             number 0910–0789. The collections of                                                                              Under the second procedure, rather
                                             information in 21 CFR part 1, subpart L                   Upon request, FDA has classified the                 than first submitting a 510(k) and then
                                             have been approved under OMB control                    absorbable perirectal spacer as class II               a request for classification, if the person
                                             number 0910–0752. The collections of                    (special controls), which we have                      determines that there is no legally
                                             information in part 112 have been                       determined will provide a reasonable                   marketed device upon which to base a
                                             approved under OMB control number                       assurance of safety and effectiveness. In              determination of substantial
                                             0910–0816.                                              addition, we believe this action will                  equivalence, that person requests a
                                                                                                     enhance patients’ access to beneficial                 classification under section 513(f)(2) of
                                             II. Electronic Access                                   innovation, in part by reducing                        the FD&C Act.
                                                Persons with access to the internet                  regulatory burdens by placing the                         Under either procedure for De Novo
                                             may obtain the guidance at either                       device into a lower device class than the              classification, FDA shall classify the
                                             https://www.fda.gov/FoodGuidances or                    automatic class III assignment.                        device by written order within 120 days.
                                             https://www.regulations.gov. Use the                      The automatic assignment of class III
                                                                                                                                                            The classification will be according to
                                             FDA website listed in the previous                      occurs by operation of law and without
                                                                                                                                                            the criteria under section 513(a)(1) of
                                             sentence to find the most current                       any action by FDA, regardless of the
                                                                                                                                                            the FD&C Act. Although the device was
                                             version of the guidance.                                level of risk posed by the new device.
                                                                                                                                                            automatically placed within class III,
                                               Dated: January 2, 2018.                               Any device that was not in commercial
                                                                                                                                                            the De Novo classification is considered
                                                                                                     distribution before May 28, 1976, is
                                             Leslie Kux,                                                                                                    to be the initial classification of the
                                                                                                     automatically classified as, and remains
                                             Associate Commissioner for Policy.                                                                             device.
                                                                                                     within, class III and requires premarket
                                             [FR Doc. 2018–00050 Filed 1–4–18; 8:45 am]                                                                        We believe this De Novo classification
                                                                                                     approval unless and until FDA takes an
                                             BILLING CODE 4164–01–P
                                                                                                     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
                                                                                                     these devices as ‘‘postamendments                      reducing regulatory burdens. When FDA
                                             DEPARTMENT OF HEALTH AND                                                                                       classifies a device into class I or II via
                                                                                                     devices’’ because they were not in
                                             HUMAN SERVICES                                                                                                 the De Novo process, the device can
                                                                                                     commercial distribution prior to the
                                             Food and Drug Administration                            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 (see 21
                                             21 CFR Part 892                                         the Federal Food, Drug, and Cosmetic                   U.S.C. 360c(f)(2)(B)(i)). As a result, other
                                                                                                     Act (FD&C Act).                                        device sponsors do not have to submit
                                             [Docket No. FDA–2017–N–6539]                              FDA may take a variety of actions in                 a De Novo request or premarket
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     appropriate circumstances to classify or               approval application in order to market
                                             Medical Devices; Radiology Devices;
                                                                                                     reclassify a device into class I or II. We             a substantially equivalent device (see 21
                                             Classification of the Absorbable
                                                                                                     may issue an order finding a new device                U.S.C. 360c(i), defining ‘‘substantial
                                             Perirectal Spacer
                                                                                                     to be substantially equivalent under                   equivalence’’). Instead, sponsors can use
                                             AGENCY:    Food and Drug Administration,                section 513(i) of the FD&C Act (21                     the less-burdensome 510(k) process,
                                             HHS.                                                    U.S.C. 360c(i)) to a predicate device that             when necessary, to market their device.


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                                                                        Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations                                                            601

                                             II. De Novo Classification                                          safety and effectiveness of the device for                   absorbable perirectal spacer, and it is
                                                                                                                 its intended use (see 21 U.S.C.                              identified as a device composed of
                                               On October 1, 2014, Augmenix, Inc.                                360c(a)(1)(B)). After review of the                          biodegradable material that temporarily
                                             submitted a request for De Novo                                     information submitted in the request,                        positions the anterior rectal wall away
                                             classification of the SpaceOAR System.                              we determined that the device can be                         from the prostate during radiotherapy
                                             FDA reviewed the request in order to                                classified into class II with the                            for prostate cancer with the intent to
                                             classify the device under the criteria for                          establishment of special controls. FDA                       reduce the radiation dose delivered to
                                             classification set forth in section                                 has determined that these special                            the anterior rectum. The absorbable
                                             513(a)(1) of the FD&C Act.                                          controls, in addition to general controls,                   spacer maintains space for the entire
                                               We classify devices into class II if                              will provide reasonable assurance of the                     course of prostate radiotherapy
                                             general controls by themselves are                                  safety and effectiveness of the device.                      treatment and is completely absorbed by
                                             insufficient to provide reasonable                                     Therefore, on April 1, 2015, FDA                          the patient’s body over time.
                                             assurance of safety and effectiveness,                              issued an order to the requestor                                FDA has identified the following risks
                                             but there is sufficient information to                              classifying the device into class II. FDA                    to health associated specifically with
                                             establish special controls that, in                                 is codifying the classification of the                       this type of device and the measures
                                             combination with the general controls,                              device by adding 21 CFR 892.5725. We                         required to mitigate these risks in table
                                             provide reasonable assurance of the                                 have named the generic type of device                        1.

                                                                               TABLE 1—ABSORBABLE PERIRECTAL SPACER RISKS AND MITIGATION MEASURES
                                                                                    Identified risks                                                                   Mitigation measures/21 CFR section

                                             Device functional failure or the device is unable to maintain space sta-                               Special Controls (1)(i) (21 CFR 892.5725(b)(1)(i)), (1)(ii) (21 CFR
                                               bility during the course of radiation therapy.                                                         892.5725(b)(1)(ii)), (1)(iv) (21 CFR 892.5725(b)(1)(iv)), and (1)(vi)
                                                                                                                                                      (21 CFR 892.5725(b)(1)(vi)).
                                             Prolonged or delayed procedure ..............................................................          Special Controls (1)(iii) (21 CFR 892.5725(b)(1)(iii)), (1)(iv) (21 CFR
                                                                                                                                                      892.5725(b)(1)(iv)), (2) (21 CFR 892.5725(b)(2)), and (3) (21 CFR
                                                                                                                                                      892.5725(b)(3)).
                                             Needle penetration and/or spacer material injection into bloodstream,                                  Special Controls (1)(iv) (21 CFR 892.5725(b)(1)(iv)), (2) (21 CFR
                                               bladder, prostate, rectal wall, rectum, or urethra.                                                    892.5725(b)(2)), and (3) (21 CFR 892.5725(b)(3)).
                                             Incomplete absorption ..............................................................................   Special Controls (1)(iii) (21 CFR 892.5725(b)(1)(iii)), (1)(iv) (21 CFR
                                                                                                                                                      892.5725(b)(1)(iv)), and (1)(vii) (21 CFR 892.5725(b)(1)(vii)).
                                             Infection or local tissue inflammatory reactions .......................................               Special Controls (1)(iv) (21 CFR 892.5725(b)(1)(iv)), (1)(v) (21 CFR
                                                                                                                                                      892.5725(b)(1)(v)), (1)(vi) (21 CFR 892.5725(b)(1)(vi)), (1)(vii) (21
                                                                                                                                                      CFR 892.5725(b)(1)(vii)), and (3) (21 CFR 892.5725(b)(3)).
                                             Pain or discomfort associated with spacer ..............................................               Special Controls (1)(iv) (21 CFR 892.5725(b)(1)(iv)) and (3) (21 CFR
                                                                                                                                                      892.5725(b)(3)).
                                             Urine retention, bleeding, rectal mucosal damage, ulcers, necrosis,                                    Special Controls (1)(iii) (21 CFR 892.5725(b)(1)(iii)), (1)(iv) (21 CFR
                                               constipation, or rectal urgency.                                                                       892.5725(b)(1)(iv)), (1)(vii) (21 CFR 892.5725(b)(1)(vii)), (2) (21 CFR
                                                                                                                                                      892.5725(b)(2)), and (3) (21 CFR 892.5725(b)(3)).



                                                FDA has determined that special                                  IV. Paperwork Reduction Act of 1995                          regarding labeling, have been approved
                                             controls, in combination with the                                     This final order establishes special                       under OMB control number 0910–0485.
                                             general controls, address these risks to                            controls that refer to previously                            List of Subjects in 21 CFR Part 892
                                             health and provide reasonable assurance                             approved collections of information
                                             of safety and effectiveness. In order for                           found in other FDA regulations. These                          Medical devices, Radiation
                                             a device to fall within this classification,                        collections of information are subject to                    protection, X-rays.
                                             and thus avoid automatic classification                             review by the Office of Management and                         Therefore, under the Federal Food,
                                             in class III, it would have to comply                               Budget (OMB) under the Paperwork                             Drug, and Cosmetic Act and under
                                             with the special controls named in this                             Reduction Act of 1995 (44 U.S.C. 3501–                       authority delegated to the Commissioner
                                             final order. The necessary special                                  3520). The collections of information in                     of Food and Drugs, 21 CFR part 892 is
                                             controls appear in the regulation                                   the guidance document ‘‘De Novo                              amended as follows:
                                             codified by this order. This device is                              Classification Process (Evaluation of
                                                                                                                 Automatic Class III Designation)’’ have                      PART 892—RADIOLOGY DEVICES
                                             subject to premarket notification
                                             requirements under section 510(k) of the                            been approved under OMB control
                                                                                                                 number 0910–0844; the collections of                         ■ 1. The authority citation for part 892
                                             FD&C Act.                                                                                                                        continues to read as follows:
                                                                                                                 information in 21 CFR part 814,
                                             III. Analysis of Environmental Impact                               subparts A through E, regarding                                Authority: 21 U.S.C. 351, 360, 360c, 360e,
                                                                                                                 premarket approval, have been                                360j, 360l, 371.
                                                The Agency has determined under 21                               approved under OMB control number                            ■ 2. Add § 892.5725 to subpart F to read
                                             CFR 25.34(b) that this action is of a type                          0910–0231; the collections of                                as follows:
                                             that does not individually or                                       information in part 807, subpart E,
                                             cumulatively have a significant effect on                           regarding premarket notification                             § 892.5725   Absorbable perirectal spacer.
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                                             the human environment. Therefore,                                   submissions, have been approved under                          (a) Identification. An absorbable
                                             neither an environmental assessment                                 OMB control number 0910–0120; the                            perirectal spacer is composed of
                                             nor an environmental impact statement                               collections of information in part 820                       biodegradable material that temporarily
                                             is required.                                                        have been approved under OMB control                         positions the anterior rectal wall away
                                                                                                                 number 0910–0073; and, the collections                       from the prostate during radiotherapy
                                                                                                                 of information in 21 CFR part 801,                           for prostate cancer with the intent to


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                                             602                  Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations

                                             reduce the radiation dose delivered to                    (iv) An expiration date that is                      selecting ‘‘Search’’. Select the link
                                             the anterior rectum. The absorbable                     supported by performance data as                       ‘‘Submit a Comment’’ that corresponds
                                             spacer maintains space for the entire                   specified in paragraph (b)(1)(vi) of this              with ‘‘FTR Case 2017–301’’ and follow
                                             course of prostate radiotherapy                         section.                                               the instructions provided on the screen.
                                             treatment and is completely absorbed by                   Dated: January 2, 2018.                              Please include your name, company
                                             the patient’s body over time.                           Leslie Kux,
                                                                                                                                                            name (if any), and ‘‘FTR Case 2017–
                                                (b) Classification. Class II (special                                                                       301’’ on your attached document.
                                                                                                     Associate Commissioner for Policy.
                                             controls). The special controls for this                                                                          • Mail: General Services
                                                                                                     [FR Doc. 2018–00051 Filed 1–4–18; 8:45 am]             Administration, Regulatory Secretariat
                                             device are:
                                                                                                     BILLING CODE 4164–01–P                                 Division (MVCB), Attn: Lois Mandell,
                                                (1) The premarket notification
                                             submission must include methodology                                                                            1800 F Street NW, Washington, DC
                                             and results of the following non-clinical                                                                      20405.
                                             and clinical performance testing. For all               GENERAL SERVICES                                          Instructions: Please submit comments
                                             clinical investigations used to support                 ADMINISTRATION                                         only and cite ‘‘FTR Case 2017–301’’ in
                                             premarket notification submissions for                                                                         all correspondence related to this case.
                                             this type of device, line listings of the               41 CFR Parts 300–3, 300–70, 301–10,                       All comments received will be posted
                                             study data must be provided.                            301–70, Appendix C to Chapter 301,                     without change to http://
                                                (i) Performance bench testing must                   Parts 302–1, 302–4, and 304–2                          www.regulations.gov, including any
                                             demonstrate appropriate perirectal                      [FTR Amendment 2017–01; FTR Case 2017–                 personal and/or business confidential
                                             space creation and maintenance for the                  301; Docket No. 2017–0004, Sequence 1]                 information provided. To confirm
                                             duration of prostate radiotherapy.                                                                             receipt of your comment(s), please
                                                                                                     RIN 3090–AJ89                                          check www.regulations.gov
                                                (ii) Performance bench testing must
                                             demonstrate that therapeutic radiation                  Federal Travel Regulation;                             approximately two to three days after
                                             levels do not alter the performance of                  Transportation Network Companies                       submission to verify posting (except
                                             the device.                                             (TNC), Innovative Mobility Technology                  allow 30 days for posting of comments
                                                (iii) Performance in vivo testing must               Companies, and Reporting Travel,                       submitted by mail).
                                             demonstrate appropriate deployment of                   Transportation, and Relocation Costs                   FOR FURTHER INFORMATION CONTACT: For
                                             spacer as indicated in the accompanying                                                                        clarification of content, contact Mr. Cy
                                             labeling, and demonstrate appropriate                   AGENCY:  Office of Government-wide                     Greenidge, Program Analyst, Office of
                                             expansion and absorption                                Policy (OGP), General Services                         Government-wide Policy, at 202–219–
                                             characteristics in a clinically relevant                Administration (GSA).                                  2349 or cy.greenidge@gsa.gov. For more
                                             environment.                                            ACTION: Direct final rule; request for                 information pertaining to status or
                                                (iv) Clinical study must demonstrate                 comments.                                              publication schedules, contact the
                                             appropriate spacer stability and lack of                                                                       Regulatory Secretariat (MVCB), 1800 F
                                             migration for the entire course of                      SUMMARY:    GSA is amending the Federal                Street NW, Washington, DC 20405, 202–
                                             radiotherapy, complete absorption, and                  Travel Regulation (FTR) by adding                      501–4755. Please cite FTR Case 2017–
                                             lack of long term toxicity.                             terms and definitions for ‘‘innovative                 301.
                                                (v) Sterility testing must demonstrate               mobility technology company’’, ‘‘taxi’’,
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                             the sterility of the device and the effects             and ‘‘transportation network company
                                             of the sterilization process on the                     (TNC)’’, and designating ‘‘innovative                  A. Public Participation
                                             physical characteristics of the spacer.                 mobility technology company’’ and                        GSA is publishing this direct final
                                                (vi) Shelf-life testing must                         ‘‘TNC’’ as forms of special conveyances.               rule without a prior proposed rule
                                             demonstrate the stability of the physical               In addition, this direct final rule adds a             because this is a noncontroversial action
                                             characteristics of the spacer throughout                due date by which agencies must report                 required by statute, and GSA anticipates
                                             the shelf-life as indicated in the                      travel, transportation, and relocation                 no significant adverse comments.
                                             accompanying labeling.                                  costs and data to GSA. These actions are                 A significant adverse comment is
                                                (vii) The device must be demonstrated                required by the Modernizing                            defined as one where the comment
                                             to be biocompatible.                                    Government Travel Act.                                 explains why the rule would be
                                                (2) The risk management activities                   DATES: This rule is effective on February              inappropriate, including challenges to
                                             performed as part of the manufacturer’s                 20, 2018 without further notice, unless                the rule’s underlying premise or
                                             § 820.30 design controls must document                  GSA receives adverse comments by                       approach, or would be ineffective or
                                             an appropriate end user initial training                February 5, 2018.                                      unacceptable without a change. In
                                             program which will be offered as part of                   GSA will consider whether these                     determining whether a significant
                                             efforts to mitigate the risk of failure to              comments are significant enough to                     adverse comment is sufficient to
                                             correctly operate the device, including,                publish a timely withdrawal in the                     terminate a direct final rulemaking, GSA
                                             but not limited to, documentation of an                 Federal Register informing the public                  will consider whether the comment
                                             appropriate end user initial training                   that this direct final rule will not take              raises an issue serious enough to
                                             program on the proper spacer                            effect. Please see SUPPLEMENTARY                       warrant a substantive response in a
                                             deployment technique.                                   INFORMATION for more information on                    notice-and-comment process. GSA notes
                                                (3) The device labeling must include                 significant adverse comments.                          that comments that are frivolous,
                                             the following:                                          ADDRESSES: Submit comments                             insubstantial, or outside the scope of the
                                                (i) A detailed summary of reported or                identified by FTR Case 2017–301 by any                 rule would not be considered adverse
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                                             observed complications related to the                   of the following methods:                              under this procedure. A comment
                                             use of the device;                                         • Regulations.gov: http://                          recommending a rule change in addition
                                                (ii) Appropriate warnings;                           www.regulations.gov. Submit comments                   to the rule would not be considered a
                                                (iii) Detailed instructions for system               via the Federal eRulemaking portal by                  significant adverse comment, unless the
                                             preparations and detailed implant                       entering ‘‘FTR Case 2017–301’’ under                   comment states why the rule would be
                                             procedure instructions; and                             the heading ‘‘Enter Keyword or ID’’ and                ineffective without the additional


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Document Created: 2018-10-26 09:31:23
Document Modified: 2018-10-26 09:31:23
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 5, 2018. The classification was applicable on April 1, 2015.
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 Citation83 FR 600 
CFR AssociatedMedical Devices; Radiation Protection and X-Rays

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