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36886 Federal Register / Vol. 61, No.

136 / Monday, July 15, 1996 / Notices

Policy and Research, Executive Office Center, Dated: June 25, 1996. voice prompt press 2, and then enter the
2101 East Jefferson Street, Suite 601, Alan M. Rulis, document number, 1072, followed by
Rockville, Maryland. 20852, (301) 594–1445. the pound sign (#). Then follow the
Director, Office of Premarket Approval,
Dated: July 8, 1996. Center for Food Safety and Applied Nutrition. remaining voice prompts to complete
Clifton R. Gaus, [FR Doc. 96–17826 Filed 7–12–96; 8:45 am] your request. The information will be
Administrator. BILLING CODE 4160–01–F sent by FAX. All workshop-related
[FR Doc. 96–17879 Filed 7–12–96; 8:45 am] information can also be obtained by
BILLING CODE 4160–90–M using the World Wide Web. FDA’s home
[Docket No. 86D–0380] page address may be accessed at http:/
/www.fda.gov.
Medical Devices; Medical Software FOR FURTHER INFORMATION CONTACT:
Food and Drug Administration Devices; Notice of Public Workshop Charles S. Furfine, Center for Devices
AGENCY: Food and Drug Administration, and Radiological Health (HFZ–143),
[Docket No. 90F–0063]
HHS. 12720 Twinbrook Pkwy., Rockville, MD
Henkel Corp.; Withdrawal of Food 20852, 301–443–2536, ext. 16; FAX
ACTION: Notice of public workshop.
Additive Petition 301–443–9101; or EMail
SUMMARY: The Food and Drug csf@fdadr.cdrh.fda.gov.
AGENCY: Food and Drug Administration, Administration (FDA) and the National Registration forms should be sent to
HHS. Library of Medicine (NLM) are Charles Furfine (address above). There
ACTION: Notice. announcing a public workshop to is no registration fee but advance
discuss definitions of medical software registration is required. Interested
SUMMARY: The Food and Drug devices, criteria for defining risk persons are encouraged to register early
Administration (FDA) is announcing the categories, software quality audits and because space is limited. If you have a
withdrawal, without prejudice to future premarket notification, commercial disability that affects your attendance at,
filing, of a food additive petition (FAP distribution of software, and the options or participation in, this meeting, please
0B4194) proposing that the food available for regulating medical software contact Charles S. Furfine (address
additive regulations be amended to devices. FDA has noted some confusion above) in writing and identify your
provide for the safe use of a mixed ester among manufacturers regarding which needs. The availability of appropriate
product resulting from the reaction of requirements apply to medical software accommodations cannot be assured
pentaerythritol and dipentaerythritol devices and accessories. This workshop unless prior written notification is
with C14-C22 fatty acids as a release will help to clarify the requirements, provided.
agent for ethylene-1,4-cyclohexylene SUPPLEMENTAL INFORMATION:
and provide FDA with information to
dimethylene terephthalate copolymers, better assess the risks to public health I. Background
polyethylene phthalate polymers, and associated with different types of
poly(tetramethylene terephthalate) On September 25, 1987 (52 FR 36104),
medical software devices. FDA published a notice of availability of
intended to contact food. DATES: The workshop will be held on a ‘‘Draft Policy Guidance for Regulation
FOR FURTHER INFORMATION CONTACT: September 3 and 4, 1996, from 9:30 a.m. of Computer Products,’’ which the
Mitchell A. Cheeseman, Center for Food to 4:30 p.m. Participants and other agency was making available for
Safety and Applied Nutrition (HFS– persons who want to present data or comment. The guidance was intended to
217), Food and Drug Administration, information must be present by 9 a.m. provide software developers and
200 C St. SW., Washington, DC 20204, Written notices of participation must be manufacturers of medical devices with
202–418–3083. submitted on or before August 5, 1996. guidance about which software products
SUPPLEMENTARY INFORMATION: In a notice ADDRESSES: The workshop will be held were regulated as medical devices and
published in the Federal Register of at the National Institutes of Health, which might be exempt from particular
March 15, 1990 (55 FR 9772), FDA Natcher Conference Center, 45 Center regulatory controls, such as premarket
announced that a food additive petition Dr., Bethesda, MD 20892. Written notification. A 1989 draft of the FDA
(0B4194) had been filed by Henkel comments, identified with the docket software policy reiterated the basic
Corp., Organic Products Division, 300 number found in brackets in the statements of the 1987 draft, but also
Brookside Ave., Ambler, PA 19002, heading of this document, regarding the addressed specific issues related to
(Currently c/o Bruce A. Schwemmer, subjects being discussed at the blood-bank software products. The 1989
Bruce EnviroExcel Group, Inc., 94 workshop may be submitted to the draft also addressed the issue of which
Buttermilk Bridge Rd., Washington, NJ Dockets Management Branch (HFA– medical software devices should be
07882). The petition proposed to amend 305), Food and Drug Administration, exempt from general controls, including
the food additive regulations in 12420 Parklawn Dr., rm. 1–23, the current good manufacturing practice
§ 178.3860 Release agents (21 CFR Rockville, MD 20857. A more detailed regulations. The agency stated in the
178.3860) to provide for the safe use of listing of the workshop topics, issues, 1989 draft that medical software devices
a mixed ester product resulting from the background information, as well as (unclassified medical software devices
reaction of pentaerythritol and registration forms, can be obtained after that are not components, parts, or
dipentaerythritol with C14-C22 fatty August 1, 1996, through the Center for accessories to classified devices) would
acids as a release agent for ethylene-1,4- Devices and Radiological Health (CDRH) not be subject to active regulatory
cyclohexylene dimethylene Facts-On-Demand system. To receive oversight if they ‘‘are intended to
terephthalate copolymers, polyethylene the public workshop on medical involve competent human intervention
phthalate polymers, and software devices documents to your before any impact on human health
poly(tetramethylene terephthalate) FAX machine, call the CDRH Facts-On- occurs (e.g., where clinical judgment
intended to contact food. Henkel Corp. Demand system at 800–899–0381 or and experience can be used to check
has now withdrawn the petition without 301–827–0111 from a touch-tone and interpret a system’s output) * * *.’’
prejudice to a future filing (21 CFR telephone. At the first voice prompt Since 1989, FDA has gained
171.7). press 1 to access DSMA Facts, at second experience in applying the criterion of
Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Notices 36887

competent human intervention on a Education and Research, NLM. They [Docket No. 96M–0221]
case-by-case basis to medical software will be assisted by other FDA and NLM
devices and has noted two problems officials. Alcon Laboratories, Inc.; Premarket
that arise. First, some manufacturers Approval of Acrysof Models MA60BM
Opening remarks will be made by and MA30BA Ultraviolet-Absorbing
have brought to market medical
representatives of the sponsoring Soft Acrylic Posterior Chamber
software devices that are actually
institutions, FDA and NLM, identifying Intraocular Lenses
accessories to classified medical devices
without a premarket submission, most the respective agency’s interests in
medical software devices. Following AGENCY: Food and Drug Administration,
likely because of confusion over which HHS.
devices were meant to be covered by the these presentations, FDA will make a
presentation outlining its ACTION: Notice.
draft policy. Components, parts, or
accessories to classified devices are responsibilities for regulating medical SUMMARY: The Food and Drug
regulated according to the class of the software devices and for identifying Administration (FDA) is announcing its
parent device and are not covered by the specific areas where information from approval of the application by Alcon
draft policy. Second, the increasing the public could be most useful. Laboratories, Inc., Fort Worth, TX, for
complexity and sophistication of Following FDA’s presentation, a specific premarket approval, under the Federal
current software devices makes it period of time will be provided for other Food, Drug, and Cosmetic Act (the act),
increasingly difficult to decide when participants to make presentations. of Acrysof Models MA60BM and
healthcare practitioners can, in fact, There will be break-out sessions MA30BA ultraviolet-absorbing soft
comprehend the functions performed by following these presentations where acrylic posterior chamber intraocular
the software sufficiently to know when discussion can take place on specific lenses. After reviewing the
significant errors have occurred. topics, such as those noted above. recommendation of the Ophthalmic
FDA is, therefore, reassessing its Devices Panel, FDA’s Center for Devices
position regarding the regulation of Interested persons who wish to and Radiological Health (CDRH)
medical software devices. Further, it is present prepared comments at the notified the applicant, by letter of
important that any exemption from plenary session to the public workshop December 22, 1994, of the approval of
regulatory oversight continue to be may, on or before August 5, 1996, the application.
based upon an assessment of the risk to submit to the Dockets Management DATES: Petitions for administrative
human health, as provided by law. Branch (address above) a written notice review by August 14, 1996.
Additionally, FDA believes that of participation identified with the ADDRESSES: Written requests for copies
increased application of proper docket number found in brackets in the of the summary of safety and
engineering practices provides an heading of this document, including effectiveness data and petitions for
opportunity to develop preproduction name, address, telephone number, administrative review to the Dockets
controls for the majority of medical business affiliation, and a brief Management Branch (HFA–305), Food
software devices which may obviate the summary of the presentation. The and Drug Administration, 12420
need for premarket submissions for such limited time available will allow 10 Parklawn Dr., rm. 1–23, Rockville, MD
medical software devices in some cases. minutes or less for each presentation. 20857.
II. Purpose and Tentative Agenda of the FDA requests that individuals or FOR FURTHER INFORMATION CONTACT:
Workshop groups having similar interests Donna L. Rogers, Center for Devices and
The purpose of the workshop is to consolidate their comments and present Radiological Health (HFZ–460), Food
obtain information on subjects such as: them through a single representative. and Drug Administration, 9200
(1) Definitions that could be used in the FDA may require joint presentations by Corporate Blvd., Rockville, MD 20850,
classification of medical software persons with common interests. A 301–594–2053.
devices; (2) criteria that could be used schedule of the allotted times will be SUPPLEMENTARY INFORMATION: On May
to define risk categories; (3) the scope available at the workshop. Each 28, 1993, Alcon Laboratories, Inc., Fort
and content of a proposed software participant will be notified before the Worth, TX 76134–2099, submitted to
quality audit that might be used in lieu workshop of the approximate time of his CDRH an application for premarket
of premarket notification for certain or her presentation. The schedule will approval of Acrysof Models MA60BM
medical software devices; (4) factors be placed on file in the Dockets and MA30BA ultraviolet-absorbing soft
related to the unique characteristics of Management Branch (address above) acrylic posterior chamber intraocular
the distribution of software that the under the docket number found in lenses. The devices are posterior
agency could consider in determining brackets in the heading of this chamber intraocular lenses and are
whether a particular medical software indicated for replacement of the human
document. The workshop will also
product is intended by the manufacturer lens to achieve visual correction of
include an opportunity for interested
or sponsor for commercial distribution; aphakia in patients 60 years of age and
persons who did not submit a notice of
and (5) potential scenarios and older when extracapsular cataract
regulatory hurdles to implementing a participation to make brief statements or extraction or phacoemulsification are
risk-based classification process. This comments, if time permits. performed. These lenses are intended
will provide FDA with information to The workshop is informal; however, for placement in the capsular bag.
better assess the risks to public health no participant may interrupt the On May 20, 1994, the Ophthalmic
associated with different types of presentation of another participant. Devices Panel of the Medical Devices
medical software devices. Dated: July 9, 1996.
Advisory Committee, an FDA advisory
Presiding over the workshop will be: committee, reviewed and recommended
Harvey Rudolph, Acting Deputy William K. Hubbard, approval of the application. On
Director, Office of Science and Associate Commissioner for Policy December 22, 1994, CDRH approved the
Technology, Center for Devices and Coordination. application by a letter to the applicant
Radiological Health, and Harold [FR Doc. 96–17880 Filed 7–12–96; 8:45 am] from the Director of the Office of Device
Schoolman, Deputy Director for BILLING CODE 4160–01–F Evaluation, CDRH.

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