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

###### Food and Drug Administration

          - [Docket No. 2004D-0071]

# 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:  External Penile Rigidity Devices.”  This guidance document describes a means by which external penile rigidity devices 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 this device type into class II (special controls) and to exempt it from premarket notification requirements.                    

# 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:  External Penile Rigidity Devices” 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:

Janine Morris, Center for Devices and Radiological Health (HFZ-470), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301-594-2194.

# SUPPLEMENTARY INFORMATION:

## I.  Background

                    In the                     **Federal Register**                     of March 17, 2004 (69 FR 12701), FDA announced the availability of a draft of this guidance document and invited interested persons to comment on it by June 15, 2004.  FDA received no comments on the proposed guidance and classification rule.  The guidance document provides a means by which external penile rigidity devices may comply with the requirement of special controls for class II devices.  Following the effective date of the final classification rule, manufacturers will need to address the issues covered in this special control guidance.  However, the manufacturer need only show that its device meets the recommendations of the guidance or in some other way provides equivalent assurances of safety and effectiveness.                

                    Also in the                     **Federal Register**                     of March 17, 2004 (69 FR 12598), FDA proposed to classify external penile rigidity devices into class II with this guidance document as the special control.  Elsewhere in this issue of the                     **Federal Register**                    , FDA is publishing a final rule to classify external penile rigidity devices into class II (special controls) and exempt the devices from premarket notification requirements.                

## II.  Significance of Guidance

This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115).  The guidance represents the agency's current thinking on external penile rigidity devices.  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:  External Penile Rigidity Devices” 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 document number (1231) followed by the pound sign (#).  Follow the                           ( print page 77758)                        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 (44 USC 3501-3520).  The quality system regulation provisions addressed in the guidance have been approved by OMB under OMB control number 0910-0773.  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 15, 2004.

Linda S. Kahan,

Deputy Director, Center for Devices and Radiological Health.

[FR Doc. 04-28255 Filed 12-27-04; 8:45 am]

BILLING CODE 4160-01-S