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###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No.   2004D-0531]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

                        The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled “Class II Special Controls Guidance Document:  Assisted Reproduction Laser Systems.”  This guidance document describes a means by which assisted reproduction laser systems may comply with the requirement of special controls for class II devices.  Elsewhere in this issue of the                         **Federal Register**                        , FDA is publishing a final rule to classify the assisted reproduction laser systems into class II (special controls).  This guidance document is immediately in effect as the special control for assisted reproduction laser systems, but it remains subject to comment in accordance with the agency's good guidance practices (GGPs).                    

# DATES:

Submit written or electronic comments on this guidance at any time.  General comments on agency guidance documents are welcome at any time.

# ADDRESSES:

                        Submit written requests for single copies on a 3.5″ diskette of the guidance document entitled “Class II Special Controls Guidance Document:  Assisted Reproduction Laser Systems” to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ-220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850.  Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 301-443-8818.  See the                         **SUPPLEMENTARY INFORMATION**                         section for information on electronic access to the guidance.                    

                        Submit written comments concerning this guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.  Submit electronic comments to                         *http://www.fda.gov/​dockets/​ecomments*.  Identify comments with the docket number found in brackets in the heading of this document.                    

# FOR FURTHER INFORMATION CONTACT:

Michael T. Bailey, Center for Devices and Radiological Health (HFZ-470), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301-594-1180, ext. 130.

# SUPPLEMENTARY INFORMATION:

## I.  Background

This guidance describes a means by which assisted reproduction laser systems may comply with the requirement of special controls for class II devices.  An assisted reproduction laser system images, targets, and controls the power and pulse duration of a laser beam used to ablate a small tangential hole in, or to thin, the zona pellucida of an embryo for assisted hatching or other assisted reproduction procedures.  This guidance describes FDA's recommendations regarding performance characteristics, safety testing, and appropriate labeling.

                    Elsewhere in this issue of the                     **Federal Register**                    , FDA is publishing a final rule codifying the classification of assisted reproduction laser systems into class II (special controls) under section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(2)).  This guidance document will serve as the special control for assisted reproduction laser systems. Section 513(f)(2) of the act provides that any person who submits a premarket notification under section 510(k) of the act (21 U.S.C. 360(k)) for a device that has not previously been classified may, within 30 days after receiving an order classifying the device in class III under section 513(f)(1) of the act, request FDA to classify the device under the criteria set forth in section 513(a)(1) of the act.  FDA shall, within 60 days of receiving such a request, classify the device by written order.  This classification shall be the initial classification of the device. Within 30 days after the issuance of an order classifying the device, FDA must publish a notice in the                     **Federal Register**                     announcing such classification.                

Because of the timeframes established by section 513(f)(2) of the act, FDA has determined, under § 10.115(g)(2) (21 CFR 10.115(g)(2)), that it is not feasible to allow for public participation before issuing this guidance.  Therefore, FDA is issuing this guidance document as a level 1 guidance document that is immediately in effect.  FDA will consider any comments that are received in response to this notice to determine whether to amend the guidance document.

## II.  Significance of Guidance

This guidance is being issued consistent with FDA's good guidance practices regulation (§ 10.115).  The guidance represents the agency's current thinking on assisted reproduction laser systems.  It does not create or confer any rights for or on any person and does not operate to bind FDA or the public.  An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations.

## III.  Electronic Access

                    To receive “Class II Special Controls Guidance Document:  Assisted Reproduction Laser Systems” by fax, call the CDRH Facts-On-Demand system at 800-899-0381 or 301-827-0111 from a touch-tone telephone.  Press 1 to enter the system.  At the second voice prompt, press 1 to order a document.  Enter the                           ( print page 77757)                        document number (1539) followed by the pound sign (#).  Follow the remaining voice prompts to complete your request.                

                    Persons interested in obtaining a copy of the guidance may also do so by using the Internet.  CDRH maintains an entry on the Internet for easy access to information, including text, graphics, and files that may be downloaded to a personal computer with Internet access.  Updated on a regular basis, the CDRH home page includes device safety alerts,                     **Federal Register**                     reprints, information on premarket submissions (including lists of approved applications and manufacturers' addresses), small manufacturer's assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information.  The CDRH Web site may be accessed at                     *http://www.fda.gov/​cdrh*.  A search capability for all CDRH guidance documents is available at                     *http://www.fda.gov/​cdrh/​guidance.html*.  Guidance documents are also available on the Division of Dockets Management Internet site at                     *http://www.fda.gov/​ohrms/​dockets*.                

## IV.  Paperwork Reduction Act of 1995

This guidance contains information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C.  3501-3520) .  The collections of information addressed in the guidance document have been approved by OMB in accordance with the PRA under the regulations governing premarket notification submissions (21 CFR part 807, subpart E, OMB control number 0910-0120) and the quality system regulation (21 CFR part 820, OMB control number 0910-0073).   The labeling provisions addressed in the guidance have been approved by OMB under OMB control number 0910-0485.

## V.  Comments

                    Interested persons may submit to the Division of Dockets Management (see                     **ADDRESSES**                    ), written or electronic comments regarding this document.  Submit a single copy of electronic comments or  two paper copies of any mailed comments, except that individuals may submit one paper copy.  Comments are to be identified with the docket number found in brackets in the heading of this document.  Received comments  may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.                

Dated: December 16, 2004.

Linda S. Kahan,

Deputy Director, Center for Devices and Radiological Health.

[FR Doc. 04-28254 Filed 12-27-04; 8:45 am]

BILLING CODE 4160-01-S