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

###### Food and Drug Administration

          - 21 CFR Parts 807, 868, 870, 872, 874, 876, 878, 880, 882, 884, 886, and 892
          - [Docket No. 2006N-0335]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Direct final rule.

# SUMMARY:

                        The Food and Drug Administration (FDA or we) is amending certain classification regulations for reprocessed single-use devices (SUDs) whose exemption from premarket notification (510(k)) requirements have been terminated and other reprocessed SUDs already subject to premarket notification for which validation data, as specified under the Medical Device User Fee and Modernization Act of 2002 (MDUFMA), are necessary in a 510(k).   Elsewhere in this issue of the                         **Federal Register**                        , we are publishing a companion proposed rule, under FDA's usual procedures for notice and comment, to provide a procedural framework to finalize the rule in the event we receive any significant adverse comment and withdraw the direct final rule.  This action codifies actions taken in previous                         **Federal Register**                         notices in accordance with MDUFMA.                    

# DATES:

                        This rule is effective February 7, 2007.   Submit written or electronic comments by December 11, 2006.   If we receive no significant adverse comments within the specified comment period, we intend to publish a document confirming the effective date of the final rule in the                         **Federal Register**                         within 30 days after the comment period on this direct final rule ends. If we receive any timely significant adverse comment, we will withdraw this final rule in part or in whole by publication of a document in the                         **Federal Register**                         within 30 days after the comment period ends.                    

# ADDRESSES:

You may submit comments, identified by Docket No. 2006N-0335, by any of the following methods:

*Electronic Submissions*

Submit electronic comments in the following ways:
      - Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                    
      - Agency Web site: http://www.fda.gov/​dockets/​ecomments .  Follow the instructions for submitting comments on the agency Web site.                    
      ( print page 55730)    
*Written Submissions*

Submit written submissions in the following ways:
      - FAX: 301-827-6870.
      - Mail/Hand delivery/Courier [For paper, disk, or CD-ROM submissions]: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

                        To ensure more timely processing of comments, FDA is no longer accepting comments submitted to the agency by e-mail.  FDA encourages you to continue to submit electronic comments by using the Federal eRulemaking Portal or the agency Web site, as described in the                         *Electronic Submissions*                         portion of this paragraph.                    

*Instructions*:  All submissions received must include the agency name and Docket No(s). and Regulatory Information Number (RIN) (if a RIN number has been assigned) for this rulemaking. All comments received may be posted without change to                         *http://www.fda.gov/​ohrms/​dockets/​default.htm*, including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the                         **SUPPLEMENTARY INFORMATION**                         section of this document.                    

*Docket*:  For access to the docket to read background documents or comments received, go to                         *http://www.fda.gov/​ohrms/​dockets/​default.htm*                         and insert the docket number(s), found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD  20852.                    

# FOR FURTHER INFORMATION CONTACT:

Heather S. Rosecrans, Center for Devices and Radiological Health (HFZ-404), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301-594-1190, ext. 143.

# SUPPLEMENTARY INFORMATION:

## I. What Is the Background of the Rule?

On October 26, 2002, MDUFMA (Public Law 107-250), amended the Federal Food, Drug, and Cosmetic Act (the act) by adding section 510(o) (21 U.S.C. 360(o)), which provided new regulatory requirements for reprocessed SUDs. According to this provision, in order to ensure that reprocessed SUDs are substantially equivalent to predicate devices, 510(k)s for certain reprocessed SUDs identified by FDA must include validation data. These required validation data include cleaning and sterilization data, and functional performance data demonstrating that each SUD will remain substantially equivalent to its predicate device after the maximum number of times the device is reprocessed as intended by the person submitting the premarket notification.

Before enactment of the new law, a manufacturer of a reprocessed SUD was required to obtain premarket approval or premarket clearance for the device, unless the device was exempt from premarket submission requirements. Under MDUFMA, some previously exempt reprocessed SUDs are no longer exempt from premarket notification requirements. Manufacturers of these identified devices were required to submit 510(k)s that included validation data specified by FDA.  Reprocessors of certain SUDs already subject to cleared 510(k)s were also required to submit the validation data specified by the agency.

### A. Definitions

Under section 201(ll)(2)(A) of the act (21 U.S.C. 321(ll)(2)(A)), a reprocessed SUD is defined as an “original device that has previously been used on a patient and has been subjected to additional processing and manufacturing for the purpose of an additional single use on a patient. The subsequent processing and manufacture of a reprocessed single-use device shall result in a device that is reprocessed within the meaning of this definition.”  FDA is amending § 807.3 (21 CFR 807.3) by adding paragraph (t) to incorporate this definition into the regulations.

                    Reprocessed SUDs are divided into three groups:  (1) Critical, (2) semicritical, and (3) noncritical. The first two categories are set forth in the act and all three reflect a categorization scheme recognized in the industry (Ref. 1).  In the                     **Federal Register**                     of April 30, 2003 (68 FR 23139), FDA describes in more detail the development of this scheme and its use in the implementation of section 510(o) of the act.  The act defines critical and semicritical reprocessed single use devices at section 201(mm) as amended by MDUFMA.  FDA defined noncritical devices in the                     **Federal Register**                     of April 30, 2003.  The definitions are as follows:                
    - A critical reprocessed SUD is intended to contact normally sterile tissue or body spaces during use.
    - A semicritical reprocessed SUD is intended to contact intact mucous membranes and not penetrate normally sterile areas of the body.
    - A noncritical reprocessed SUD is intended to make topical contact and not penetrate intact skin.

### B. Critical and Semicritical Reprocessed SUDs Previously Exempt from Premarket Notification

                    MDUFMA required FDA to review the critical and semicritical reprocessed SUDs that were previously exempt from premarket notification requirements and determine which of these devices required premarket notification to ensure their substantial equivalence to predicate devices. Under MDUFMA, FDA was required to identify in a                     **Federal Register**                     notice those critical reprocessed SUDs whose exemption from premarket notification would be terminated and for which FDA determined that validation data, as specified under MDUFMA, was necessary in a 510(k). FDA published a list of these devices on April 30, 2003.  According to the law, manufacturers of the devices whose exemptions from premarket notification were terminated were required to submit 510(k)s that included validation data regarding cleaning, sterilization, and functional performance, in addition to all the other required elements of a 510(k) identified in § 807.87 (21 CFR 807.87), within 15 months of  publication of the notice or no longer market their devices.                

                    In accordance with section 510(o) of the act, FDA must revise the list of devices subject to this requirement as appropriate. In the                     **Federal Register**                     of  June 26, 2003 (68 FR 38071), FDA recategorized nine device types from semicritical to critical, and added nonelectric gastroenterology-urology biopsy forceps to the list of critical reprocessed SUDs whose exemption from premarket notification requirements was being terminated.  In the                     **Federal Register**                     of September 29, 2005 (70 FR 56911), FDA announced that it was adding devices to the list of critical reprocessed SUDs whose 510(k) exemption is terminated and for which validation data is necessary.                

                    By April 26, 2004, FDA was required to identify in a                     **Federal Register**                     notice those semicritical reprocessed SUDs whose exemption from premarket notification would be terminated and for which FDA determined that validation data, as specified under MDUFMA, was necessary in a 510(k). FDA published this list in the                     **Federal Register**                     of April 13, 2004 (69 FR 19433).  As discussed previously in this document, manufacturers of the devices whose exemptions from premarket notification were terminated were required to submit 510(k)s that included validation data regarding cleaning, sterilization, and functional performance, in addition to all the other required elements of a 510(k) identified                           ( print page 55731)                        in § 807.87, within 15 months of publication of the notice or no longer market their devices. In accordance with section 510(o) of the act, FDA must revise the list of devices subject to this requirement as appropriate.                

### C. Reprocessed SUDs Already Subject to Premarket Notification Requirements

                    MDUFMA also required FDA to review the types of reprocessed SUDs already subject to premarket notification requirements and to identify which of these devices required the submission of validation data to ensure their substantial equivalence to predicate devices. FDA published a list of these devices in the                     **Federal Register**                     of April 30, 2003.  As described previously in this document, FDA must revise the list of devices subject to this requirement as appropriate.  In the                     **Federal Register**                     of September 29, 2005, FDA announced that it was adding laparoscopic and endoscopic electrosurgical accessories to this list of reprocessed SUDs already subject to premarket notification.                

For devices identified on this list that had already been cleared through the 510(k) process, manufacturers were required to submit validation data regarding cleaning, sterilization, and functional performance within 9 months of publication of the list or no longer market their devices.

For devices on this list that were not yet cleared through the 510(k) process, manufacturers were required to submit 510(k)s with validation data regarding cleaning, sterilization, and functional performance, in addition to all the other required elements identified in § 807.87.

## II. What Does This Direct Final Rulemaking Do?

In this final rule, FDA is:
    - Amending § 807.3 to add definitions for “single use device,” “reprocessed single use device (SUD)” and “validation data.” The definitions of single use device and reprocessed single use device reflect the definitions of those terms in section 201(ll) of the act as amended by MDUFMA. The definition of validation data tracks the language used to describe validation data in section 510(o)(1)(A) of the act.
    - Amending § 807.87 (Information required in a premarket notification submission) to reference the requirement (of section 510(o) of the act) to submit validation data for reprocessed SUDs in appropriate situations.
    - Amending the classification regulations for devices for which FDA has revoked the exemption from premarket notification submission for reprocessed SUDs that require the submission of validation data. If the revocation applies only to a subset within a generic type, FDA has revised the language accordingly.
    - Amending the classification regulations for devices already subject to premarket notification that FDA has designated as requiring the submission of validation data. If the requirement to submit validation data applies only to a subset of the generic type, FDA has revised the regulation accordingly.
    - Making minor corrections to the classification regulations, including amending the sections for affected class II devices to update the definition of class II from requiring “performance standards” to requiring “special controls” in order to provide a reasonable assurance of the safety and effectiveness of the device. This conforms these sections to the definition of class II at section 513(a)(1)(B) of the act ( 21 U.S.C. 360c(a)(1)(B) ), as revised by the Safe Medical Devices Act of 1990 (SMDA) (Public Law 101-629).

                    FDA has made available previously a guidance document on the submission of validation data entitled  “Medical Device User Fee and Modernization Act of 2002, Validation Data in Premarket Notification Submissions (510(k)s) for Reprocessed Single-Use Medical Devices” (June 1, 2004, 69 FR 30943).  This guidance document may be accessed on the Internet at                     *http://www.fda.gov/​cdrh/​ode/​guidance/​1216.html*.                

## III. What are the Procedures for Issuing a Direct Final Rule?

                    In the                     **Federal Register**                     of November 21, 1997 (62 FR 62466), FDA announced the availability of the guidance document entitled “Guidance for FDA and Industry:  Direct Final Rule Procedures” that described when and how FDA will employ direct final rulemaking. We believe that this rule is appropriate for direct final rulemaking because it is intended to make noncontroversial amendments and minor corrections to existing regulations. We anticipate no significant adverse comment.                

                    Consistent with FDA's procedures on direct final rulemaking, we are publishing elsewhere in this issue of the                     **Federal Register**                     a companion proposed rule that is identical to the direct final rule. The companion proposed rule provides a procedural framework within which the rule may be finalized in the event the direct final rule is withdrawn because of any significant adverse comment. The comment period for this direct final rule runs concurrently with the comment period of the companion proposed rule. Any comments received in response to the companion proposed rule will also be considered as comments regarding this direct final rule.                

                    If we receive any significant adverse comment, we intend to withdraw this final rule before its effective date by publication of a notice in the                     **Federal Register**                     within 30 days after the comment period ends. A significant adverse comment is defined as a comment that explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without change. In determining whether an adverse comment is significant and warrants terminating a direct final rulemaking, we will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and-comment process in accordance with section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553).  Comments that are frivolous, insubstantial, or outside the scope of the rule will not be considered significant or adverse under this procedure. For example, a comment recommending an additional change to the rule will not be considered a significant adverse comment, unless the comment states why the rule would be ineffective without the additional change. In addition, if a significant adverse comment applies to part of a rule and that part can be severed from the remainder of the rule, we may adopt as final those parts of the rule that are not the subject of a significant adverse comment.                

                    If we withdraw the direct final rule, all comments received will be considered under the companion proposed rule in developing a final rule under the usual notice-and-comment procedures under the APA (5 U.S.C. 552a*et seq.*). If we receive no significant adverse comment during the specified comment period, we intend to publish a confirmation document in the                     **Federal Register**                     within 30 days after the comment period ends.                

## IV. What is the Legal Authority for This Rule?

This direct final rule is authorized by sections 201, 301, 501, 502, 510, 513, 515, 519, 520, 701, 704, 801, and 903 of the act and sections 264 and 271 of the Public Health Service Act (21 U.S.C. 321, 331, 351, 352, 360, 360c, 360e, 360i, 360j, 371, 374, 381, 393; 42 U.S.C. 264 and 271).
      ( print page 55732)    

## V. What is the Environmental Impact of This Rule?

We have determined under 21 CFR 25.30(h) and 25.34(a) 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.

## VI. What is the Economic Impact of This Rule?

We have examined the impacts of the final rule under Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). We believe that this direct final rule is not a significant regulatory action as defined by the Executive order.

The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because this regulation only codifies in regulations existing statutory requirements, the agency certifies that the final rule will not have a significant economic impact on a substantial number of small entities.

Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing “any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.”  The current threshold after adjustment for inflation is $118 million, using the most current (2004) Implicit Price Deflator for the Gross Domestic Product. We do not expect this final rule to result in any 1-year expenditure that would meet or exceed this amount.

## VII. How Does the Paperwork Reduction Act of 1995 Apply to This Rule?

This final rule 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 direct final rule have been approved by OMB in accordance with the PRA under the regulations governing premarket notifications (21 CFR part 807, OMB control number 0910-0120).

## VIII. What are the Federalism Impacts of This Rule?

We have analyzed this final rule in accordance with the principles set forth in Executive Order 13132. We have determined that the rule does not contain policies that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, we have concluded that the rule does not contain policies that have federalism implications as defined in the Executive order and, consequently, a federalism summary impact statement is not required.

## IX. How Do You Submit Comments on This Rule?

                    Interested persons may submit to the Division of Dockets Management (see                     **ADDRESSES**                    ) written or electronic comments regarding this direct final rule. 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.                

## X. What Is the Reference for This Rule?

                    The following reference has been placed on display in the Division of Dockets Management (see                     **ADDRESSES**                    ) and may be seen by interested persons between 9 am. and 4 pm., Monday through Friday.                

1.  Spaulding, E. H., “The Role of Chemical Disinfection in the Prevention of Nonsocomial Infections.” Edited by P. S. Brachman and T. C. Eickof, Proceedings of International Conference on Nonsocomial Infections, 1970, American Hospital Association, Chicago, 254-274, 1971.

# List of Subjects

### 21 CFR Part 807

      - Confidential business information
      - Imports
      - Medical devices
      - Reporting and recordkeeping requirements

### 21 CFR Parts 868, 870, 872, 874, 876, 878, 880, 882, and 884

      - Medical devices

### 21 CFR Part 886

      - Medical devices
      - Opthalmic goods and services

### 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 parts 807, 868, 870, 872, 874, 876, 878, 880, 882, 884, 886, and 892 are amended as follows:

# PART 807—ESTABLISHMENT REGISTRATION AND DEVICE LISTING FOR MANUFACTURERS AND INITIAL IMPORTERS OF DEVICES

1.  The authority citation for 21 CFR part 807 continues to read as follows:

Authority:21 U.S.C. 321, 331, 351, 352, 360, 360c, 360e, 360i, 360j, 371, 374, 381, 393; 42 U.S.C. 264, 271.

2. Section 807.3 is amended by adding new paragraphs (t), (u), and (v) to read as follows: 

§ 807.3

* * * * *

(t) A single use device (SUD) means a device that is intended for one use or on a single patient during a single procedure.

(u) A reprocessed SUD is an original device that has previously been used on a patient and has been subjected to additional processing and manufacturing for the purpose of an additional single use on a patient. The subsequent processing and manufacture of a reprocessed SUD shall result in a device that is reprocessed within the meaning of this definition.

(v) Validation data for the purposes of this part means cleaning and sterilization data, and functional performance data demonstrating that an SUD will remain substantially equivalent to its predicate device after the maximum number of times the device is reprocessed as intended by the person submitting the premarket notification.

3.  Section 807.87 is amended by redesignating paragraphs (h), (i), (j), (k), and (l) as paragraphs (i), (j), (k), (l), and (m), respectively, and by adding new paragraph (h) to read as follows: 

§ 807.87

* * * * *

                        (h)  If the device is a reprocessed SUD that FDA has identified as requiring validation data, the premarket                               ( print page 55733)                            notification submission must include validation data as defined in § 807.3(v).                    

* * * * *

# PART 868—ANESTHESIOLOGY DEVICES

4. The authority citation for 21 CFR part 868 continues to read as follows:

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

5.  Section 868.5150 is amended by revising paragraph (b) to read as follows: 

§ 868.5150

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is an anesthetic conduction needle (with/without introducer) or a short term spinal needle and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

6.  Section 868.5730 is amended by revising paragraph (b) to read as follows: 

§ 868.5730

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

7.  Section 868.5905 is amended by revising paragraph (b) to read as follows: 

§ 868.5905 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a noncontinuous ventilator (respirator) mask that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

8. Section 868.6810 is amended by revising paragraph (b) to read as follows: 

§ 868.6810

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 868.9.  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

# PART 870—CARDIOVASCULAR DEVICES

9.  The authority citation for 21 CFR part 870 continues to read as follows:

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

10.  Section 870.1200 is amended by revising paragraph (b) to read as follows: 

§ 870.1200

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is an angiography catheter that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

11. Section 870.1220 is amended by revising paragraph (b) to read as follows: 

§ 870.1220 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is an electrode recording catheter or intracardiac mapping catheter that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

12.  Section 870.1230 is amended by revising paragraph (b) to read as follows: 

§ 870.1230

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a  reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

13. Section 870.1280 is amended by revising paragraph (b) to read as follows: 

§ 870.1280

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a  reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

14. Section 870.1290 is amended by revising paragraph (b) to read as follows: 

§ 870.1290

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a  reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

15. Section 870.1330 is amended by revising paragraph (b) to read as follows: 

§ 870.1330

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a  reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

16. Section 870.1390 is amended by revising paragraph (b) to read as follows: 

§ 870.1390

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a  cardiovascular trocar that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

17. Section 870.1650 is amended by revising paragraph (b) to read as follows:

§ 870.1650

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

18. Section 870.1670 is amended by revising paragraph (b) to read as follows: 

§ 870.1670 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

19. Section 870.2700 is amended by revising paragraph (b) to read as follows: 

§ 870.2700

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a tissue saturation oximeter or an oximeter and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include                               ( print page 55734)                            validation data as described in § 807.3(v).                    

20.  Section 870.3535 is amended by revising paragraph (b) to read as follows: 

§ 870.3535 

* * * * *

                        (b)                         *Classification*. Class III (premarket approval).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

* * * * *

21.  Section 870.4450 is amended by revising paragraph (b) to read as follows: 

§ 870.4450 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

22.  Section 870.4500 is amended by revising paragraph (b) to read as follows: 

§ 870.4500 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.  If the device is a noncompression heart stabilizer that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

23.  Section 870.4885 is amended by revising paragraph (b) to read as follows: 

§ 870.4885 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

# PART 872—DENTAL DEVICES

24.  The authority citation for 21 CFR part 872 continues to read as follows:

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

25.  Section 872.3240 is amended by revising paragraph (b) to read as follows: 

§ 872.3240 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.  If the device is a dental diamond coated bur that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification submission that includes validation data as described in § 807.3(v).                    

26.  Section 872.4535 is amended by revising paragraph (b) to read as follows: 

§ 872.4535 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

27.  Section 872.4730 is amended by revising paragraph (b) to read as follows: 

§ 872.4730

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

28.  Section 872.5410 is amended by revising paragraph (b) to read as follows: 

§ 872.5410 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.  If the device is a orthodontic metal bracket that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

29.  Section 872.5470 is amended by revising paragraph (b) to read as follows: 

§ 872.5470 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

# PART 874—EAR, NOSE, AND THROAT DEVICES

30.  The authority citation for 21 CFR part 874 continues to read as follows:

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

31.  Section 874.4140 is amended by revising paragraph (b) to read as follows: 

§ 874.4140 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 874.9.  If the device is an ear, nose, and throat (ENT) high speed microdebrider or an ENT diamond coated bur and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

32.  Section 874.4420 is amended by revising paragraph (b) to read as follows: 

§ 874.4420 

* * * * *

                        (b)                         *Classification*. Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 874.9.  If the device is a laryngeal, sinus, or tracheal trocar that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

33.  Section 874.4680 is amended by revising paragraph (b) to read as follows: 

      ( print page 55735)    
§ 874.4680 

* * * * *

                        (b)                         *Classification*. Class II (special controls).  If the device is a bronchoscope (nonrigid) biopsy forceps that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

# PART 876—GASTROENTEROLOGY-UROLOGY DEVICES

34.  The authority citation for 21 CFR part 876 continues to read as follows:

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

35.  Section 876.1075 is amended by revising paragraph (b) to read as follows: 

§ 876.1075

* * * * *

                        (b)                         *Classification*. (1) Class II (special controls).   If the device is a gastroenterology-urology (G-U) biopsy needle and needle set or a biopsy instrument and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

(2) Class I (general controls) for the biopsy forceps cover and the non-electric biopsy forceps. The devices subject to this paragraph (b)(2) are exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 876.9.  If the device is a  non-electric biopsy forceps that is a reprocessed SUD as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).

36.  Section 876.1500 is amended by revising paragraph (b) (1) to read as follows: 

§ 876.1500

* * * * *

                        (b)                         *Classification*. (1) Class II (special controls).   If the device is an endoscopic needle, an endoilluminator, a general and plastic surgery laparoscope, or a spring-loaded pneumoperitoneum needle and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

* * * * *

37.  Section 876.4300 is amended by revising paragraph (b) to read as follows: 

§ 876.4300

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is an active urological electrosurgical electrode, a flexible suction coagulator electrode, an electric biopsy forceps, a flexible snare, or an endoscopic (with or without accessories) electrosurgical unit that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

38.  Section 876.4680 is amended by revising paragraph (b) to read as follows: 

§ 876.4680

* * * * *

                        (b)                         *Classification*. Class II (special controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 876.9. If the device is a flexible and basket stone dislodger that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

39.  Section 876.5010 is amended by revising paragraph (b) to read as follows: 

§ 876.5010

* * * * *

                        (b)                         *Classification*. Class II (special controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 876.9. If the device is a biliary catheter that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

40.  Section 876.5540 is amended in paragraph (b) (3) to read as follows: 

§ 876.5540

* * * * *

(b) *   *     *

(3)  Class II (special controls) for accessories for both the implanted and the nonimplanted blood access devices not listed in paragraph (b)(4) of this section.  If the device is a single needle dialysis set (coaxial flow) or fistula needle and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).

* * * * *

41.  Section 876.5820 is amended by revising paragraph (b) (1) to read as follows: 

§ 876.5820

* * * * *

                        (b)                         *Classification*. (1) Class II (special controls) (for hemodialysis systems and all accessories directly associated with the extracorporeal blood system and the dialysate delivery system).  If the device is a single needle dialysis set with uni-directional pump that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission  for the device must include validation data as described in § 807.3(v).                    

* * * * *

# PART 878—GENERAL AND PLASTIC SURGERY DEVICES

42.  The authority citation for 21 CFR part 878 continues to read as follows:

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

43.  Section 878.4200 is amended by revising paragraph (b) to read as follows: 

§ 878.4200

* * * * *

                        (b)                         *Classification*. Class I (general controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 878.9. If the device is a catheter needle that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

44.  Section 878.4300 is amended by revising paragraph (b) to read as follows: 

§ 878.4300

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

45.  Section 878.4400 is amended by revising paragraph (b) to read as follows: 

§ 878.4400

* * * * *
      ( print page 55736)    
                        (b)                         *Classification*. Class II (special controls).   If the device is an endoscopic or laparoscopic electrosurgical accessory that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

46.  Section 878.4750 is amended by revising paragraph (b) to read as follows: 

§ 878.4750

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

47.  Section 878.4800 is amended by revising paragraph (b) to read as follows: 

§ 878.4800

* * * * *

                        (b)                         *Classification*. Class I (general controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 878.9. If the device is a percutaneous biopsy device, a gastroenterology-urology needle, a cardiovascular biopsy needle, or an aspiration and injection needle and it is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

# PART 880—GENERAL HOSPITAL AND PERSONAL USE DEVICES

48.  The authority citation for 21 CFR part 880 continues to read as follows:

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

49.  Section 880.5570 is amended by revising paragraph (b) to read as follows: 

§ 880.5570 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

50.  Section 880.5860 is amended by revising paragraph (b) to read as follows: 

§ 880.5860 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

# PART 882—NEUROLOGICAL DEVICES

51.  The authority citation for 21 CFR part 882 continues to read as follows:

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

52.  Section 882.4190 is amended by revising paragraph (b) to read as follows: 

§ 882.4190

* * * * *

                        (b)                         *Classification*. Class I (general controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 882.9. If the device is a reprocessed single use device (SUD) as defined in  § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

53.  Section 882.4300 is amended by revising paragraph (b) to read as follows: 

§ 882.4300 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

54.  Section 882.4305 is amended by revising paragraph (b) to read as follows: 

§ 882.4305 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

55.  Section 882.4310 is amended by revising paragraph (b) to read as follows: 

§ 882.4310

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

# PART 884—OBSTETRICAL AND GYNECOLOGICAL DEVICES

56.  The authority citation for 21 CFR part 884 continues to read as follows:

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

57.  Section 884.1720 is amended by revising paragraph (b)(1) to read as follows: 

§ 884.1720 

* * * * *

                        (b) (1)                         *Classification*. Class II (special controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

* * * * *

58.  Section 884.1730 is amended by revising paragraph (b)(2) to read as follows: 

§ 884.1730 

* * * * *

(b)   *  *  *

(2) Class I for tubing and tubing/filter kits which include accessory instruments that are not used to effect intra-abdominal insufflation (pneumoperitoneum). The devices subject to this paragraph (b)(2) are exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 884.9.  If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).

59.  Section 884.4530 is amended by revising paragraph (b)(2) to read as follows: 

§ 884.4530 

* * * * *

(b)   *  *  *

                        (2) Class I for the amniotome, uterine curette, cervical dilator (fixed-size bougies), cerclage needle, intrauterine device  (IUD) remover, uterine sound, and gynecological biopsy forceps. The devices subject to this paragraph (b)(2) are exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 884.9.  If the device is a                               ( print page 55737)                            gynecological biopsy forceps that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

60.  Section 884.6100 is amended by revising paragraph (b) to read as follows: 

§ 884.6100 

* * * * *

                        (b)                         *Classification*. Class II (special controls) (mouse embryo assay information, endotoxin testing, sterilization validation, design specifications, labeling requirements, biocompatibility testing, and clinical testing). If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

# PART 886—OPTHALMIC DEVICES

61.  The authority citation for 21 CFR part 886 continues to read as follows:

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

62.  Section 886.4350 is amended by revising paragraph (b) to read as follows: 

§ 886.4350 

* * * * *

                        (b)                         *Classification*. Class I (general controls).   The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 886.9.  If the device is an ophthalmic knife that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, the exemption from premarket notification does not apply and the manufacturer must submit a premarket notification that includes validation data as described in § 807.3(v).                    

63.  Section 886.4370 is amended by revising paragraph (b) to read as follows: 

§ 886.4370 

* * * * *

                        (b)                         *Classification*. Class I (general controls).   If the device is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

64.  Section 886.4670 is amended by revising paragraph (b) to read as follows: 

§ 886.4670 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is a phacoemulsification needle that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

# PART 892—RADIOLOGY  DEVICES

65.  The authority citation for 21 CFR part 892 continues to read as follows:

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

66.  Section 892.5730 is amended by revising paragraph (b) to read as follows: 

§ 892.5730 

* * * * *

                        (b)                         *Classification*. Class II (special controls).   If the device is an isotope needle that is a reprocessed single use device (SUD) as defined in § 807.3(u) of this chapter, a premarket notification submission for the device must include validation data as described in § 807.3(v).                    

Dated: September 6, 2006.

Jeffrey Shuren,

Assistant Commissioner for Policy.

[FR Doc. 06-8166 Filed 9-22-06; 8:45 am]

BILLING CODE 4160-01-S