Records and Reports Regulations for Radiation Emitting Electronic Products

Federal RegisterSep 19, 1995

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1000 and 1002

[Docket No. 82N-0273]

RIN 0905-AD78

Records and Reports Regulations for Radiation Emitting Electronic

Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending its

regulations regarding the requirements for recordkeeping and reporting

of adverse experiences and other information relating to radiation

emitting electronic products. This rule reduces recordkeeping and

reporting requirements for some products, requires only abbreviated

reporting for other products, and clarifies certain requirements. The

timing and content of certain reports will be revised to enhance the

usefulness of the information. These amendments will improve protection

of the public health while reducing regulatory burdens on

manufacturers, dealers, and distributors of radiation emitting

electronic products.

EFFECTIVE DATE: October 19, 1995.

FOR FURTHER INFORMATION CONTACT: Joanne Barron, Center for Devices and

Radiological Health (HFZ-300), Food and Drug Administration, 2094

Gaither Rd., Rockville, MD 20850, 301-594-4654.

SUPPLEMENTARY INFORMATION:

I. Background

The Regulatory Flexibility Act (5 U.S.C. 601) and Executive Order

12866 require FDA to periodically conduct a comprehensive review of

existing regulations. This review is to analyze alternative regulatory

approaches and to identify regulations that need to be revised or

revoked because they impose an unnecessary burden on specific segments

of the public, such as manufacturers, dealers, small businesses, or the

general public. In the Federal Register of July 2, 1982 (47 FR 29004),

FDA announced its plan to review the records and reports regulations in

part 1002 (21 CFR part 1002). FDA recognized that, although part 1002

does not appear to have a major impact on the overall radiation

emitting electronic products industry, its impact on small

manufacturers

[[Page 48375]]

should not be overly burdensome and should be determined.

FDA recognizes that, for some products, meeting the full

recordkeeping and reporting requirements is not necessary to protect

the public health. Therefore, in the final rule, FDA has reduced the

recordkeeping and reporting requirements for some products and

determined that an abbreviated report is sufficient regulatory

monitoring for other products. FDA also recognizes that some sections

of the regulations need additional clarification to be more meaningful

and reduce regulatory burdens. Thus, FDA has adopted certain amendments

to clarify its regulations.

On October 25, 1990, FDA published in the Federal Register (55 FR

43066) a proposed rule amending its regulations regarding the

requirements for recordkeeping, reporting, and other information

relating to radiation emitting electronic products. FDA invited

interested parties to comment on the proposed rule by January 22, 1991.

The comment period was later extended until March 25, 1991 (56 FR

7316). FDA received 11 comments. A summary of these comments and FDA's

responses to them are set forth below. FDA is finalizing the proposed

rule at this time and incorporating changes that are the result of the

agency's review of the comments.

FDA is also amending references to statutory citations to reflect

changes in the law. On November 28, 1990, the President signed into law

the Safe Medical Devices Act of 1990 (the SMDA), which amended the

Federal Food, Drug, and Cosmetic Act (the act). Section 19 of the SMDA

transferred the Radiation Control for Health and Safety Act of 1968

from the Public Health Service Act (the PHS Act) into the act as

subchapter C. Thus, all references to the PHS Act in parts 1000 and

1002 (21 CFR parts 1000 and 1002) are being revised to reflect this

change. Additionally, the agency is changing all references to the

``Office of Compliance and Surveillance'' throughout parts 1000 and

1002 to the ``Office of Compliance'' to reflect an organizational

change within the Center for Devices and Radiological Health (CDRH).

The agency is also changing references to ``the Secretary'' and to

``the Director'' of CDRH in order to reflect the delegation of the

Secretary's authority in accordance with 21 CFR 5.90.

II. Highlights of the Final Rule

To reduce the regulatory burden on the industry, FDA is amending

regulations regarding the recordkeeping and reporting requirements for

certain radiation emitting electronic products.

First, the reporting requirements in Sec. 1002.12 (reports of model

changes) have been consolidated with the requirements of Sec. 1002.10

(initial reports), and the name ``initial report'' has been changed to

``product report.''

Second, FDA has developed two new categories of reports,

``supplemental reports'' in Sec. 1002.11, and ``abbreviated reports''

in Sec. 1002.12. New Sec. 1002.11 (supplemental reports), which

requires manufacturers to provide information on product safety and

testing, applies to a smaller subset of manufacturers, and reduces the

number of required reports by approximately 40 percent. New

Sec. 1002.12 (abbreviated reports) requires manufacturers to report

abbreviated information on product safety and testing and replaces the

existing requirements for many initial reports and model change

reports. Although the total combined number of product reports and

abbreviated reports will remain about the same as the former initial

reports and model change reports, the time necessary to complete the

reports will be reduced by approximately 60 percent.

Finally, FDA has limited the applicability of the records

requirements in Secs. 1002.30 and 1002.40. These changes have reduced

the number of records to be maintained by manufacturers and by dealers/

distributors by 50 percent and 99 percent, respectively.

Overall, this final rule will reduce the annual reporting and

recordkeeping burden hours on the industry by 81 percent, without

reducing public health protection.

III. Comments

The following is a summary of the comments and the agency's

responses to them.

A. Reporting Requirements

1. One comment stated that there are no relevant changes in the

content or format of the initial report to warrant a name change to

``product report.'' The comment states that the name change would

result in unnecessary additional costs because personnel, particularly

nonregulatory staff, who are familiar with the term initial report,

would need to be reeducated.

FDA recognizes that, as with any new requirement, the affected

parties may need some training in order to appreciate and understand

the changes. In this case, the change is intended to lessen the burden

of this requirement by clearly describing the reports that are

required, and the filing and content requirements of such reports. For

example, FDA has deleted the reference to a 90-day due date for filing

an initial report (see revised Sec. 1002.10) because that requirement

was applicable only to newly listed products. FDA believes that the

long-term benefits of such changes--clearer regulatory requirements, a

reduced regulatory burden on industry, and improved cost effectiveness

and efficiency--outweigh its short-term training costs. Because FDA and

the industry have used the previous term for 20 years, it is expected

that there will be a period of transition to the new term over the next

year for both the industry and FDA personnel.

2. One comment stated that industrial x-ray systems should not be

included in the list of products for which abbreviated reports, rather

than initial reports (to be called ``product reports''), are required.

The comment expressed the belief that industrial x-ray systems should

follow the same reporting requirements as diagnostic x-ray and other x-

ray systems.

FDA included analytical and industrial x-ray equipment in the list

of products for which abbreviated reports are required because there is

no FDA radiation performance standard for these products and, unlike

diagnostic x-ray systems, any exposure of people to radiation would be

unintentional. In addition, the users of such equipment are trained to

be more aware of precautions necessary to reduce or eliminate

exposures. In the event that a public health concern arises, however,

the regulation would permit FDA to request additional safety

information from the manufacturer.

3. One comment asked whether FDA will exempt linear accelerators

and low-energy therapy x-ray devices from annual reporting

requirements.

Linear accelerators and low-energy therapy x-ray equipment are

included in Sec. 1002.1, Table 1, under the category of ``Products

Intended to Produce Particulate Radiation or X-rays Other Than

Diagnostic or Cabinet X-ray.'' The format of Table 1 has been modified

to make clear that the requirements are the same for all medical,

analytical, and industrial systems that fall within this product

category. Specifically, manufacturers are required to submit

abbreviated and annual reports and to maintain test and distribution

records for these products.

4. One comment expressed the concern that, unlike television

receivers, video display terminals (VDT's) are not specifically

delineated by FDA under the reporting and recordkeeping provisions of

the regulations. The comment stated that there is little

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difference between television receivers and VDT screens and monitors

and, therefore, these products should be treated similarly in these

provisions. The comment stated that recent investigations of VDT use

have shown that low levels of electromagnetic radiation are emitted

from certain brands and models. The comment stated that the health and

safety effects of these emissions are unknown, but the nature of most

VDT work suggests that the effects may be detrimental. Given the health

concerns, and the fact that such emissions have generally not been

examined, the comment recommended that manufacturers be required to

provide product reports, supplemental reports, annual reports, and test

records to VDT purchasers, who in turn should be required to relay such

information to their employees and representatives. The comment

suggested that the hazard communication standard under the Occupational

Safety and Health Act (29 CFR 1910.1200) would provide a model for FDA

in constructing radiation recordkeeping requirements for VDT's.

FDA has used the designation ``television products'' in

Sec. 1002.1, Table 1, to reflect the scope of the product category that

is the subject of the performance standard for television receivers at

21 CFR 1020.10. The intent of that standard has been to reduce

unnecessary x-ray exposure to persons from any electronic product that

can display a viewable picture on a cathode ray tube (CRT). FDA agrees

that there are a number of clarifications that need to be made

regarding this category of products. FDA anticipates issuing a notice

of proposed rulemaking to amend the television receiver standard to

address the issues raised in this comment and other issues concerning

VDT's. FDA will propose the appropriate changes to part 1002 when the

performance standard for television receivers is amended.

With respect to the suggestion that manufacturers be required to

provide reports and records to users of VDT's, amended Sec. 1002.3 will

provide the mechanism for FDA to require manufacturers to provide the

ultimate purchaser of the product with necessary performance and

technical data.

5. One comment stated that a 25 kilovolt (kV) criterion should be

established for television receivers to differentiate between

television receivers that will be subject to relatively moderate

reporting requirements (abbreviated reports and annual reports) and

those that will be subject to more substantial reporting requirements

(product reports, supplemental reports, and annual reports).

FDA agrees with this comment and adopted a 25 kV criterion in the

rule. See Sec. 1002.1, Table 1.

6. One comment stated that television receivers with less than 25

kV and less than 0.1 milliroentgen per hour (mR/hr) should be relieved

of the annual report requirement of 1002.13 and the preservation and

inspection of records provisions of Sec. 1002.31. The comment asserted

that exemptions from these provisions already apply to receivers with

less than 25 kV pursuant to a 1987 letter to industry which stated that

only status identification is required for annual reports on these

products.

Consistent with the November 16, 1987, letter to manufacturers of

television receiver products from the Director of CDRH (Ref. 1),

television receivers which, when tested under phase III conditions,

will not equal or exceed 25 kV and for which the chassis power curve

will not reach or exceed the 0.1 mR/hr isoexposure rate limit curve

(IRLC) are relieved of the annual report requirement of Sec. 1002.13

and the preservation and inspection of records provisions of

Sec. 1002.31. Section 1002.1, Table 1, has been revised accordingly.-

7. One comment noted discrepancies between the preamble language

and Table 1 of the proposed rule. The preamble states that abbreviated

reports will replace initial and supplemental reports for ``certain

television products.'' The text further states that product reports,

but not supplemental reports, will be required for television receivers

emitting less than 0.1 mR/hr. However, Table 1 of the proposed rule

states that television receivers with less than 25 kV and less than 0.1

mR/hr will require abbreviated reports and television receivers

emitting greater than 0.1 mR/hr will require only product reports (not

supplemental reports). The comment supports the requirements as set

forth in Table 1, but recommends, consistent with the preamble, that

the requirement for supplemental reports be deleted for television

receivers with greater than 25 kV and less than 0.1 mR/hr.

FDA has corrected the errors appearing in Table 1. Since November

16, 1987, the policy at CDRH has been that certain categories of

television products may be exempt from some of the reporting and

recordkeeping requirements, depending on the maximum high voltage on

the picture tube and the possibility of emission of x-rays at or above

0.1 mR/hr. Manufacturers were given the responsibility to conduct phase

III tests and inform CDRH, through annual reports, which models qualify

for such exemptions. The agency's intention was to maintain the same

level of requirements under the amended reporting and recordkeeping

regulations that has previously been in effect for products that may

operate at or above 25 kV and products that may emit x-rays at a rate

of 0.1 mR/hr or above. The agency believes that these products

represent different levels of risks and that different levels of

recordkeeping and reporting requirements continue to be appropriate for

each category.

Therefore, any television product that contains a CRT or other

component capable of producing x-rays, and which, when tested under

phase III conditions, will not equal or exceed 25 kV and for which the

chassis power curve will not reach or exceed the 0.1 mR/hr IRLC, will

require only abbreviated reports. A television product containing a

CRT, which, when tested under phase III conditions, may equal or exceed

25 kV but for which the chassis power curve does not reach or exceed

the 0.1 mR/hr IRLC, will require product reports, supplemental reports,

and annual reports. A television product containing a CRT, for which,

when tested under phase III conditions, the chassis power curve reaches

or exceeds the 0.1 mR/hr IRLC, will require product reports,

supplemental reports, annual reports, and maintenance of the records of

test results and distribution of products for 5 years.

Manufacturers must continue to conduct an adequate quality control

and testing program to ensure continued compliance of all models with

the performance standard. Products for which there is no requirement

that test results be kept for 5 years must, nevertheless, be tested

adequately and the results should be reviewed by a quality control

manager. These products should be rejected at a maximum limit of 0.1

mR/hr when tested under phase III conditions.

The agency retains the authority to inspect all documents

supporting the adequacy of the manufacturer's quality control and

testing program, including programs for these products for which it is

not necessary to retain test results for 5 years. The final rule has

added a footnote to Table 1 (footnote 1) to clarify this point.

8. One comment stated that FDA should codify its existing practice

concerning importation of products for compliance testing and other

related purposes to reduce the potential for confusion about the

precise terms and conditions surrounding these activities. The comment

stated that bulletins sent by FDA to the industry have stated, at

[[Page 48377]]

least with respect to television receivers and laser products, that FDA

performance standards do not apply to products ``that are imported for

purpose of research, investigations, studies, demonstrations, or

training, and that consist of 10 or fewer units per shipment,'' so long

as certain administrative safeguards are observed.

The scope of this rule is limited to the reporting andrecordkeeping

requirements in part 1002 and is not intended to amend FDA practices

and regulations regarding the scope of the applicability of performance

standards. Under current policies, FDA allows exemptions from

performance standards for 10 or fewer units of certain products (i.e.,

television products, microwave ovens, and certain laser products), that

are imported for test and evaluation and remain under the importer's

control, if such products are properly labeled. These exemptions are

referenced in FDA Compliance Program 7382.007 which is available from

the Division of Small Manufacturers Assistance, Center for Devices and

Radiological Health (HFZ-220), Food and Drug Administration, 5600

Fishers Lane, Rockville, MD 20857, 800-638-2041 or 301-443-6597. These

policies will be continued but this rule does not expand the scope of

that exemption to all products. However, the rule codifies procedures

that allow manufacturers to apply for special exemptions from the

reporting and recordkeeping requirements of part 1002 or the Director

of CDRH to grant such exemptions on his or her own. See

Secs. 1002.50(a)(3) and 1002.50(b).

9. One comment requested that FDA clarify the distinctionbetween

television receivers and CRT's and explain whether there are

differences in the regulations that apply to the products that fall

within these two categories. The comment noted that the majority of

television receivers use CRT's to display video images (a small

minority of receivers use liquid crystal displays), and the comment was

uncertain why television receivers remain subject to various reporting

requirements while CRT's will be generally exempt from reporting

requirements, with the exception of Sec. 1002.20. The comment further

stated that FDA's distinction apparently depends on whether a device is

limited by design to display only alphanumeric characters (CRT) or

whether it can also display other video images (television receiver).

The comment stated that FDA's distinction does not appear to be based

on public health considerations, and that confusion and potential

compliance problems would be avoided by adopting a definition of

television that is more consistent with that of the affected industry.

The comment suggests that FDA consider adopting the definition used by

the FCC, which defines television receiver as a ``device designed to

receive television pictures that are broadcast simultaneously with

sound on the television channels authorized under part 73 of the FCC's

rules.'' (See 47 CFR 15.3(w)(1990)).

Previously, the regulations required manufacturers to submit

initial, model change, and annual reports for television receivers and

to submit initial and model change reports for CRT's. A CRT is an

electronic product component and, as such, is subject to the general

radiation safety requirements, but not subject to a performance

standard. FDA has determined that the Joint Electron Device Engineering

Council/Tube Engineering Panel Advisory Council (JEDEC/TEPAC) data on

CRT's that is available from the Electronic Industries Association is

sufficient for FDA to assess the potential radiation hazards for CRT's;

therefore, any additional reports on the CRT's are not necessary.

However, the monitors and video display products that contain the CRT's

and associated electronics are subject to the television receiver

standard. Accordingly, manufacturers are required to demonstrate that

these products, including the CRT's contained in them, meet the

standard and to report how the products are tested for compliance. FDA

currently is reviewing whether to change the performance standard for

television receivers to clarify the definitions of products to which

the standard is applicable. This comment will be included in that

review.

B. Exemptions

10. One comment proposed that manufacturers of products forwhich

there is no applicable performance standard under 21 CFR part 1020 and

for which a 510(k) premarket notification (510(k)) has been submitted

and cleared in accordance with part 807, subpart E, be exempt from

submitting all reports listed in Table 1 of proposed Sec. 1002.1. The

comment believes it would be appropriate to include manufacturers of

these products in the exemption under proposed Sec. 1002.50(e), because

sufficient information regarding safety and effectiveness has been

obtained through FDA review of the 510(k) submission. Alternatively,

the comment suggests that the fact that any particular electronic

product is also a medical device subject to 510(k) notifications should

be included among the criteria for considering a special exemption

under proposed Sec. 1002.50(a).

Generally, a 510(k) notice on a medical device is submitted to FDA

to demonstrate that a design specification is substantially equivalent

to the specifications of a predicate device. The radiation safety

reporting required by this part of the regulations is intended to

provide information on actual production testing and quality control

and on the actual product design as produced. If the two are redundant

in any particular circumstance, the Director of CDRH can issue

exemptions from the reporting and recordkeeping requirements in

accordance with Sec. 1002.50(b). FDA does not believe a general

exemption from the reporting requirement is in the interest of public

health.-

11. One comment objected to the exemption of distributors and

dealers from the recordkeeping requirement for microwave ovens. The

comment states that if such an exemption is granted, these products

would be much more difficult to locate to ensure their safety. The

comment notes that customer warranty registrations are not sufficient

to locate products because such registrations are returned by the

customers at such a low rate. The comment states that if the dealer/

distributor records are no longer required, the burden of locating the

microwave oven shifts to the manufacturer who would have no other

alternative but to launch an advertising campaign that would be more

expensive, less effective, and slower than any recordkeeping on the

part of distributors or dealers.

It has been FDA's experience that dealer and distributor records

are rarely needed for the intended purpose of notifying purchasers of

product noncompliance. In light of the fact that there have been

limited recalls of microwave ovens in the past 10 years (due in part to

prototype examinations by FDA), FDA believes that it would be overly

burdensome to require distributors and dealers to comply with the

recordkeeping requirement. When recalls are necessary, FDA believes

that purchasers can be notified by other means, such as general media

announcements.

12. One comment recommended that FDA exempt televisionreceivers

whose voltage on the CRT is less than 5 kV at zero beam current from

the recordkeeping and reporting requirements of part 1002, with the

exception of Sec. 1002.20. The comment stated that there is no evidence

to suggest that products with such a low voltage (generally,

videocamera

[[Page 48378]]

viewfinders and televisions with 2 or 3 inch screens) are capable of

generating x-rays, which is the primary concern in part 1002. Another

comment contended that it would be inappropriate to impose testing and

reporting requirements on television receivers with less than 5 kV on

the CRT, while CRT's with comparable or even greater voltages are

exempted.

Under the amended reporting and recordkeeping requirements,

television products whose voltage on the CRT is less than 5 kV will

require only abbreviated reports and annual reports, and manufacturers

may apply for special exemption from these requirements under the new

regulations in Sec. 1002.50. FDA will include these comments in the

agency's review of possible amendments to the television performance

standard.

13. One comment noted that the preamble to the proposed rule states

that television receivers emitting less than 0.1 mR/hr will be exempt

from the requirements of maintaining manufacturer's testing and

distribution records. The preamble also notes that other products,

including ``television receivers,'' are already exempt from these

requirements. In comparison, Table 1 of the proposed rule exempts all

television receivers from the requirements to maintain manufacturer

testing and distribution records. The comment supports the exemption

for all television receivers as reflected in Table 1.

A similar concern about the discrepancy between the preamble and

Table 1 was addressed above in comment 7. There was an error in the

printing of Table 1 of the proposed rule. For television receivers for

which the chassis power curve reaches or exceeds the 0.1 mR/hr IRLC,

there should have been an X in the following columns: Supplemental

reports, Test records, and Manufacturer distribution records. These

reports and records are important for FDA to monitor the safety of

those products which, by design, can emit radiation levels above

background. Table 1 has been amended accordingly.

14. One comment noted an inadvertent error with respect

tomanufacturer distribution recordkeeping requirements under

Sec. 1002.30(b). The comment stated that FDA has eliminated these

requirements for class I lasers and products containing such lasers.

Proposed Table 1 to Sec. 1002.1, however, appears to state that class I

lasers and products containing class I lasers will be subject to

manufacturer distribution recordkeeping requirements under Sec.

1002.30(b). The comment requested FDA to clarify, by amendment of

proposed Table 1, that class I lasers and products containing such

lasers will retain the exemptions that already apply, including the

exemption for manufacturer's distribution records.

Table 1 has been amended to clarify that the exemption for these

products from certain reporting requirements remains in effect. FDA has

added to Table 1 a category for ``Class I lasers and laser products

containing such lasers,'' that will have X's in the columns for Product

Reports, Annual Reports, Manufacturer's Test Records, but not for

Supplemental Reports, Abbreviated Reports, Manufacturer's Distribution

Records, or Dealer/Distributor Distribution Records.

FDA will determine which reporting category is applicable to a

product that may have more than one class of laser on the basis of the

worst-case hazard in the product. Thus, a class I laser product

containing a class IV laser and a class II alignment laser will fall in

the category ``Class IIIb and IV lasers and products containing such

lasers,'' because this represents the worst-case hazard within the

product. Table 1 has been supplemented with a footnote to explain this

policy (footnote 7).

15. One set of comments supported the agency's efforts to minimize

the reporting and recordkeeping requirements for radiation emitting

electronic products. Another comment disagreed with the intent to

eliminate initial reports for diagnostic ultrasound equipment. Instead,

that comment proposed that diagnostic ultrasound equipment be added to

the category of products for which an abbreviated report is required,

and that such products be exempt from annual reports. The comment

stated that this proposal would reduce the burden on the industry from

the medical device premarket clearance process.

Currently, diagnostic ultrasound devices are subject to initial

reports but not annual reports. However, in a letter to all

manufacturers of diagnostic ultrasound products from the CDRH Director

dated February 24, 1986 (Ref. 2), these devices were exempted from the

initial reports as long as a 510(k) was filed. CDRH issued this letter

to reduce the burden and duplication of paperwork on the industry. The

agency recognizes the increase in the timeframe necessary to gather all

the information that must be submitted in the 510(k) notification,

including production test information that otherwise would be contained

in the initial report. Therefore, FDA has amended Table 1 to include

abbreviated reports for diagnostic ultrasound equipment in order to

retain its ability to obtain production test information about these

products. However, CDRH intends to continue to exempt these products

from the abbreviated (formerly initial) report requirement until

documentation submitted for premarket clearance or for special controls

is no longer duplicative of information that would be contained in the

abbreviated report.

IV. Environmental Impact

The agency has determined under 21 CFR 25.24(a)(8) 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.

V. Analysis of Impacts

FDA has examined the impacts of the final rule under Executive

Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354).

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). The agency believes that

this final rule is consistent with the regulatory philosophy and

principles identified in the Executive Order. In addition, the final

rule is not a significant regulatory action as defined by the Executive

Order and so is not subject to review under 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 the provisions of the final rule reduce or

simplify the records and reporting requirements for manufacturers,

dealers, and distributors of radiation emitting electronic products,

the agency certifies that the final rule will not have a significant

economic impact on a substantial number of small entities. Therefore,

under the Regulatory Flexibility Act, no further analysis is required.

A copy of the document supporting this determination, ``Report of the

CDRH Task Force for Retrospective Review of the Recordkeeping and

Reporting Requirements of 21 CFR 1002,'' is on file at the Dockets

Management Branch (HFA-305), Food and Drug Administration, rm. 1-23,

12420 Parklawn Dr., Rockville, MD 20857, and may be seen by interested

persons in

[[Page 48379]]

that office between 9 a.m. and 4 p.m., Monday through Friday.

VI. Paperwork Reduction Act of 1980

This final rule contains information collections which are subject

to review by the Office of Management and Budget (OMB) under the

Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35). The title,

description, and respondent description of the information collection

are shown below with an estimate of the annual reporting and

recordkeeping burden. Included in the estimate is the time for

reviewing instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information.

Title: Reporting and Recordkeeping Requirements for Electronic

Products Under Pub. L. 90-602--General Requirements. -

Description: The Food and Drug Administration is amending its

regulations regarding the requirements for recordkeeping, reporting,

and other information relating to radiation emitting electronic

products. The timing and content of certain reports will be revised to

enhance the usefulness of the information. The purpose of these changes

is to improve the protection of the public health while also reducing

the regulatory burden on manufacturers, dealers, and distributors of

radiation emitting electronic products. -

Description of Respondents: Businesses or other for profit

organizations.

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

Estimated annual reporting and recordkeeping burden

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

Annual number of Average burden per

Section reports and records response (hours) Annual burden (hours)

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

1002.10, 1002.12 .................... ..................... .....................

Existing:...................................

Initial..................................... 320 34 10,880

Model Change................................ 725 42 30,450

Supplements................................. 2,520 0.5 1,260

Subtotal.................................. 3,565 avg 11.9 42,590

Amended:....................................

Product..................................... 850 24 20,400

Supplements................................. 1,500 0.5 750

Abbreviated................................. 150 5 750

Subtotal.................................. 2,500 avg 8.8 21,900

Total Reports Reduction..................... .................... ..................... 20,690

1002.30.....................................

Existing:................................... 4,000,000 0.12 480,000

Amended:.................................... 1,904,000 0.12 480,000

Reduction:................................ .................... ..................... 251,520

1002.40.....................................

Existing:................................... 17,000,000 0.048 816,000

Amended:.................................... 145,000 0.048 6,960

Reduction:................................ .................... ..................... 809,040

Total Records Reduction..................... .................... ..................... 1,060,560

Total existing annual burden hours.......... .................... ..................... 1,338,590

Total amended annual burden hours........... .................... ..................... 257,340

Total difference in annual burden hours..... .................... ..................... 1,081,250

.................... ..................... (81% reduction)

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

As required by section 3504(h) of the Paperwork Reduction Act of

1980, FDA has submitted a copy of this rule to OMB for its review of

these information collection requirements. Other organizations and

individuals desiring to submit comments regarding this burden estimate

or any aspects of these information collection requirements, including

suggestions for reducing the burden, should direct them to FDA's

Dockets Management Branch (address above) and to the Office of

Information and Regulatory Affairs, OMB, rm. 3208, New Executive Office

Bldg., Washington, DC 20503, Attn: Desk Officer for FDA.

VII. References

The following references have been placed on display in the Dockets

Management Branch (address above) and may be seen by interested persons

between 9 a.m. and 4 p.m., Monday through Friday.

1. Director, CDRH, FDA, letter to manufacturers of television

receiver products, dated November 16, 1987.

2. Director, CDRH, FDA, letter to manufacturers of ultrasound

products, dated February 24, 1986.

List of Subjects

21 CFR Part 1000

Electronic products, Radiation protection, Reporting and

recordkeeping requirements, X-rays.

[[Page 48380]]

21 CFR Part 1002

Electronic products, Radiation protection, Reporting and

recordkeeping requirements.

Therefore, under the Federal Food, Drug, and Cosmetic Act, the

Radiation Control for Health and Safety Act, and under authority

delegated to the Commissioner of Food and Drugs, 21 CFR parts 1000 and

1002 are amended as follows:

PART 1000--GENERAL

1. The authority citation for 21 CFR part 1000 is revised to read

as follows:

Authority: Secs. 530-542 of the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. 360hh-360ss).

2. Section 1000.3 is revised to read as follows:

Sec. 1000.3 Definitions.

As used in this Subchapter J:

(a) Accidental radiation occurrence means a single event or series

of events that has/have resulted in injurious or potentially injurious

exposure of any person to electronic product radiation as a result of

the manufacturing, testing, or use of an electronic product.

(b) Act means the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

360hh-360ss).

(c) Chassis family means a group of one or more models with all of

the following common characteristics:

(1) The same circuitry in the high voltage, horizontal oscillator,

and power supply sections;

(2) The same worst component failures;

(3) The same type of high voltage hold-down or safety circuits; and

(4) The same design and installation.

(d) Commerce means:-

(1) Commerce between any place in any State and any place outside

thereof, and

(2) Commerce wholly within the District of Columbia.

(e) Component, for the purposes of this part, means an essential

functional part of a subassembly or of an assembled electronic product,

and which may affect the quantity, quality, direction, or radiation

emission of the finished product.

(f) Dealer means a person engaged in the business of offering

electronic products for sale to purchasers, without regard to whether

such person is or has been primarily engaged in such business, and

includes persons who offer such products for lease or as prizes or

awards.

(g) Director means the Director of the Center for Devices and

Radioloical Health.

(h) Distributor means a person engaged in the business of offering

electronic products for sale to dealers, without regard to whether such

person is or has been primarily or customarily engaged in such

business.

(i) Electromagnetic radiation includes the entire electromagnetic

spectrum of radiation of any wavelength. The electromagnetic spectrum

illustrated in Figure 1 includes, but is not limited to, gamma rays, x-

rays, ultra-violet, visible, infrared, microwave, radiowave, and low

frequency radiation.

[[Page 48381]]

[GRAPHIC][TIFF OMITTED]TR19SE95.010

BILLING CODE 4160-01-C

[[Page 48382]]

(j) Electronic product means:

(1) Any manufactured or assembled product which, when in operation:

(i) Contains or acts as part of an electronic circuit and

(ii) Emits (or in the absence of effective shielding or other

controls would emit) electronic product radiation, or -

(2) Any manufactured or assembled article that is intended for use

as a component, part, or accessory of a product described in paragraph

(j)(1) of this section and which, when in operation, emits (or in the

absence of effective shielding or other controls would emit) such

radiation.

(k) Electronic product radiation means:

(1) Any ionizing or nonionizing electromagnetic or particulate

radiation, or

(2) Any sonic, infrasonic, or ultrasonic wave that is emitted from

an electronic product as the result of the operation of an electronic

circuit in such product.

(l) Federal standard means a performance standard issued pursuant

to section 534 of the Federal Food, Drug, and Cosmetic Act.

(m) Infrasonic, sonic (or audible) and ultrasonic waves refer to

energy transmitted as an alteration (pressure, particle displacement or

density) in a property of an elastic medium (gas, liquid or solid) that

can be detected by an instrument or listener.

(n) Manufacturer means any person engaged in the business of

manufacturing, assembling, or importing electronic products.

(o) Model means any identifiable, unique electronic product design,

and refers to products having the same structural and electrical design

characteristics and to which the manufacturer has assigned a specific

designation to differentiate between it and other products produced by

that manufacturer.

(p) Model family means products having similar design and radiation

characteristics but different manufacturer model numbers.

(q) Modified model means a product that is redesigned so that

actual or potential radiation emission, the manner of compliance with a

standard, or the manner of radiation safety testing is affected.

(r) Particulate radiation is defined as:

(1) Charged particles, such as protons, electrons, alpha particles,

or heavy particles, which have sufficient kinetic energy to produce

ionization or atomic or electron excitation by collision, electrical

attractions or electrical repulsion; or

(2) Uncharged particles, such as neutrons, which can initiate a

nuclear transformation or liberate charged particles having sufficient

kinetic energy to produce ionization or atomic or electron excitation.

(s) Phototherapy product means any ultraviolet lamp, or product

containing such lamp, that is intended for irradiation of any part of

the living human body by light in the wavelength range of 200 to 400

nanometers, in order to perform a therapeutic function.

(t) Purchaser means the first person who, for value, or as an award

or prize, acquires an electronic product for purposes other than

resale, and includes a person who leases an electronic product for

purposes other than subleasing.

(u) State means a State, the District of Columbia, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

PART 1002--RECORDS AND REPORTS

3. The authority citation for 21 CFR part 1002 is revised to read

as follows:

Authority: Secs. 502, 510, 519, 520, 531-542, 701, 704 of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352, 360, 360i,

360j, 360hh-360ss, 371, 374).

4. Section 1002.1 is revised to read as follows:

Sec. 1002.1 Applicability.

The provisions of this part are applicable as follows:

(a) All manufacturers of electronic products are subject to

Sec. 1002.20.

(b) Manufacturers, dealers, and distributors of electronic products

are subject to the provisions of part 1002 as set forth in Table 1 of

this section, unless excluded by paragraph (c) of this section, or

unless an exemption has been granted under Sec. 1002.50 or

Sec. 1002.51.

(c) The requirements of part 1002 as specified in Table 1 of this

section are not applicable to:

(1) Manufacturers of electronic products intended solely for export

if such product is labeled or tagged to show that the product meets all

the applicable requirements of the country to which such product is

intended for export.

(2) Manufacturers of electronic products listed in Table 1of this

section if such product is sold exclusively to other manufacturers for

use as components of electronic products to be sold to purchasers, with

the exception that the provisions are applicable to those manufacturers

certifying components of diagnostic x-ray systems pursuant to

provisions of Sec. 1020.30(c) of this chapter.

(3) Manufacturers of electronic products that are intended for use

by the U.S. Government and whose function or design cannot be divulged

by the manufacturer for reasons of national security, as evidenced by

government security classification.

(4) Assemblers of diagnostic x-ray equipment subject to the

provisions of Sec. 1020.30(d) of this chapter, provided the assembler

has submitted the report required by Sec. 1020.30(d)(1) or (d)(2) of

this chapter and retains a copy of such report for a period of 5 years

from its date.

[[Page 48383]]

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Table 1.--Record and Reporting Requirements By Product

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

Manufacturer

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

Supplemental Abbreviated Distribution Dealer Distributor--

Products Product reports reports Sec. reports Sec. Annual reports Test records Sec. records Sec. Distribution records

Sec. 1002.10 1002.11 1002.12 Sec. 1002.13 1002.30(a)1 1002.309(b)2 1002.40 and 1002.41

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

DIAGNOSTIC X ............... ............... .............. .............. .................. ................... ...........................

RAY3 (1020,30,

1020,31,

1020.32,

1020.33)

Computed X X .............. X X X X

tomography

X-ray system4 X X .............. X X X X

Tube housing X X .............. X X X ...........................

assembly

X-ray control X X .............. X X X X

X-ray high X X .............. .............. X X X

voltage

generator

X-ray table or ............... ............... X .............. X X X

cradle

X-ray film ............... ............... X .............. X X X

changer

Vertical ............... ............... X .............. X X X

cassette

holders mounted

in a fixed

location and

cassette

holders with

front panels

Beam-limiting X X .............. X X X X

devices

Spot-film X X .............. X X X X

devices and

image

intensifiers

manufactured

after April 26,

1977

Cephalometric ............... ............... X .............. X X ...........................

devices

manufactured

after February

25, 1978

Image receptor ............... ............... X .............. X X ...........................

support devices

for

mammographic x-

ray systems

manufactured

after September

5, 1978

CABINET X RAY ............... ............... .............. .............. .................. ................... ...........................

(Sec. 1020.40)

Baggage X X .............. X X X X

inspection

Other X X .............. X X X ...........................

[[Page 48384]]

PRODUCTS ............... ............... .............. .............. .................. ................... ...........................

INTENDED TO

PRODUCE

PARTICULATE

RADIATION OR X-

RAYS OTHER THAN

DIAGNOSTIC OR

CABINET X-RAY

Medical ............... ............... X X X X ...........................

Analytical ............... ............... X X X X ...........................

Industrial ............... ............... X X X X ...........................

TELEVISION ............... ............... .............. .............. .................. ................... ...........................

PRODUCTS (Sec.

1020.10)

........... ............... X X6 .................. ................... ...........................

(kV) and 1,2

=24kV X X .............. X X X ...........................

and 5

=0.1m X X .............. X X X ...........................

R/hr IRLC5

MICROWAVE/RF ............... ............... .............. .............. .................. ................... ...........................

MW ovens (Sec. X X .............. X X X ...........................

1030.10)

MW diathermy ............... ............... X .............. .................. ................... ...........................

MW heating, ............... ............... X .............. .................. ................... ...........................

drying,

security

systems

RF sealers, ............... ............... X .............. .................. ................... ...........................

electromagnetic

induction and

heating

equipment,

dielectric

heaters (2-500

megahertz)

OPTICAL ............... ............... .............. .............. .................. ................... ...........................

Phototherapy X X .............. .............. .................. ................... ...........................

products

Laser products ............... ............... .............. .............. .................. ................... ...........................

(Secs. 1040.10,

1040.11)

Class I lasers X ............... .............. X X ................... ...........................

and products

containing such

lasers2

Class I laser X ............... .............. X X X ...........................

products

containing

class IIa, II,

IIIa, lasers7

[[Page 48385]]

Class IIa, II, X ............... X X X X

IIIa lasers and

products other

than class I

products

containing such

lasers7DX

Class IIIb and X X .............. X X X X

IV lasers and

products

containg such

lasers7

Sunlamp products ............... ............... .............. .............. .................. ................... ...........................

(Sec. 1040.20)

Lamp only X ............... .............. .............. .................. ................... ...........................

Sunlamp products X X .............. X X X X

Mercury vapor ............... ............... .............. .............. .................. ................... ...........................

lamps (Sec.

1040.30)

T lamps X X .............. X .................. ................... ...........................

R lamps ............... ............... X .............. .................. ................... ...........................

ACOUSTIC ............... ............... .............. .............. .................. ................... ...........................

Ultrasonic X X .............. X X X X

therapy

(1050.10)

Diagnostic ............... ............... X .............. .................. ................... ...........................

ultrasound

Medical X X .............. .............. .................. ................... ...........................

ultrasound othe

than therapy or

diagnostic

Nonmedical ............... ............... X .............. .................. ................... ...........................

ultrasound

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

\1\However, authority to inspect all appropriate documents supporting the adequacy of a manufacturer's compliance testing program is retained.

\2\The requirement includes Secs. 1002.31 and 1002.42, if applicable.

\3\Report of Assembly (Form FDA 2579) is required for diagnostic x-ray components; see 21 CFR 1020.30(d)(1) through (d)(3).

\4\Systems records and reports are required if a manufacturer exercises the option and certifies the system as permitted in 21 CFR 1020.30(c).

\5\Determined using the isoexposure rate limit curve (IRLC) under phase III test conditions (1020.10(c)(3)(iii)).

\6\Annual report is for production status information only.

\7\Determination of the applicable reporting category for a laser product shall be based on the worst-case hazard present within the laser product.

Sec. 1002.2 [Removed]-

5. Section 1002.2 Definitions is removed from subpart A.

6. Section 1002.3 is revised to read as follows:

Sec. 1002.3 Notification to user of performance and technical data.

As authorized by Sec. 5.90 of this chapter, the Director and Deputy

Director of the Center for Devices and Radiological Health may require

a manufacturer of a radiation emitting electronic product, to provide

to the ultimate purchaser at the time of original purchase, such

performance data and other technical data related to safety of the

product as the Director or Deputy Director finds necessary.

7. Section 1002.7 is amended by adding a new sentenceto the end of

the introductory text, by revising the first sentence in paragraph (b),

and by adding new paragraph (c) to read as follows:

Sec. 1002.7 Submission of data and reports.

* * * The submissions required by this part shall be addressed to

the Center for Devices and Radiological Health, Electronic Product

Reports, Office of Compliance (HFZ-307), 2098 Gaither Rd., Rockville,

MD 20850.

* * * * *

(b) Where guides or instructions have been issued by the Director

for the submission of material required by this part, such as test

data, product reports, abbreviated reports, supplemental reports, and

annual reports, the material submitted shall conform to the applicable

reporting guides or instructions.

* * *

(c) Where the submission of quality control and testing information

is common to more than one model, or model family of the same product

[[Page 48386]]

category, a ``common aspects report'' consolidating similar information

may be provided, if applicable.

8. Subpart B, consisting of Secs. 1002.10 through 1002.13, is

revised to read as follows:

Subpart B--Required Manufacturers' Reports for Listed Electronic

Products

Sec.

1002.10 Product reports.

1002.11 Supplemental reports.

1002.12 Abbreviated reports.

1002.13 Annual reports.

Subpart B--Required Manufacturers' Reports for Listed Electronic

Products

Sec. 1002.10 Product reports.

Every manufacturer of a product or component requiring aproduct

report as set forth in Table 1 of Sec. 1002.1 shall submit a product

report to the Center for Devices and Radiological Health, Electronic

Product Reports, Office of Compliance (HFZ-307), 2098 Gaither Rd.,

Rockville, MD 20850, prior to the introduction of such product into

commerce. The report shall be distinctly marked ``Radiation Safety

Product Report of (name of manufacturer)'' and shall:

(a) Identify which listed product is being reported.

(b) Identify each model of the listed product together with

sufficient information concerning the manufacturer's code or other

system of labeling to enable the Director to determine the place of

manufacture.

(c) Include information on all components and accessories provided

in, on, or with the listed product that may affect the quantity,

quality, or direction of the radiation emissions.

(d) Describe the function, operational characteristics affecting

radiation emissions, and intended and known uses of each model of the

listed product.

(e) State the standard or design specifications, if any, for each

model with respect to electronic product radiation safety. Reference

may be made to a Federal standard, if applicable.

(f) For each model, describe the physical or electrical

characteristics, such as shielding or electronic circuitry,

incorporated into the product in order to meet the standards or

specifications reported pursuant to paragraph (e) of this section.

(g) Describe the methods and procedures employed, if any, in

testing and measuring each model with respect to electronic product

radiation safety, including the control of unnecessary, secondary, or

leakage electronic product radiation, the applicable quality control

procedures used for each model, and the basis for selecting such

testing and quality control procedures.

(h) For those products which may produce increased radiation with

aging, describe the methods and procedures used, and frequency of

testing of each model for durability and stability with respect to

electronic product radiation safety. Include the basis for selecting

such methods and procedures, or for determining that such testing and

quality control procedures are not necessary.

(i) Provide sufficient results of the testing, measuring, and

quality control procedures described in accordance with paragraphs (g)

and (h) of this section to enable the Director to determine the

effectiveness of those test methods and procedures.

(j) Report for each model all warning signs, labels, and

instructions for installation, operation, and use that relate to

electronic product radiation safety.

(k) Provide, upon request, such other information as the Director

may reasonably require to enable him/her to determine whether the

manufacturer has acted or is acting in compliance with the Act and any

standards prescribed thereunder, and to enable the Director to carry

out the purposes of the Act.

Sec. 1002.11 Supplemental reports.

Prior to the introduction into commerce of a new or modified model

within a model or chassis family of a product listed in Table 1 of

Sec. 1002.1 for which a report under Sec. 1002.10 is required, each

manufacturer shall submit a report with respect to such new or modified

model describing any changes in the information previously submitted in

the product report. Reports will be required for changes that:

(a) Affect actual or potential radiation emission.

(b) Affect the manner of compliance with a standard or manner of

testing for radiation safety.

Sec. 1002.12 Abbreviated reports.

Manufacturers of products requiring abbreviated reports as

specified in Table 1 of Sec. 1002.1 shall submit, prior to the

introduction of such product, a report distinctly marked ``Radiation

Safety Abbreviated Report'' which shall include:

(a) Firm and model identification.

(b) A brief description of operational characteristics that affect

radiation emissions, transmission, or leakage or that control exposure.

(c) A list of applications or uses.

(d) Radiation emission, transmission, or leakage levels.

(e) If necessary, additional information as may be requested to

determine compliance with the Act and this part.

Sec. 1002.13 Annual reports.

(a) Every manufacturer of products requiring an annual report as

specified in Table 1 of Sec. 1002.1 shall submit an annual report

summarizing the contents of the records required to be maintained by

Sec. 1002.30(a) and providing the volume of products produced, sold, or

installed.

(b) Reports are due annually by September 1. Such reports shall

cover the 12-month period ending on June 30 preceding the due date of

the report.

(c) New models of a model family that do not involve changes in

radiation emission or requirements of a performance standard do not

require supplemental reports prior to introduction into commerce. These

model numbers should be reported in quarterly updates to the annual

report.

9. Section 1002.20 is amended by adding a sentence at the end of

paragraph (c) to read as follows:

Sec. 1002.20 Reporting of accidental radiation occurrences.

* * * * *

(c) * * * A manufacturer need not file a separate report under this

section if an incident involving an accidental radiation occurrence is

associated with a defect or noncompliance and is reported pursuant to

Sec. 1003.10 of this chapter.

10. Section 1002.30 is amended in the first sentence of paragraph

(a) introductory text, by removing ``paragraphs (b) and (c) of

Sec. 1002.61'' and adding in its place ``Table 1 of Sec. 1002.1''; and

adding new paragraph (a)(5) to read as follows:

Sec. 1002.30 Records to be maintained by manufacturers.

(a) * * *

(5) Data on production and sales volume levels if available.

* * * * *

Sec. 1002.31 [Amended]

11. Section 1002.31 Preservation and inspection of records is

amended in paragraph (c) by removing ``paragraph (c) of Sec. 1002.61''

and adding in its place ``Table 1 of Sec. 1002.1''.

12. Section 1002.40 is amended by revising paragraph (a) to read as

follows:

Sec. 1002.40 Records to be obtained by dealers and distributors.

(a) Dealers and distributors of electronic products for which there

are performance standards and for which

[[Page 48387]]

the retail price is $50 or more shall obtain such information as is

necessary to identify and locate first purchasers if the product is

subject to this section by virtue of Table 1 of Sec. 1002.1.

* * * * *

13. Section 1002.50 is revised to read as follows:

Sec. 1002.50 Special exemptions.

(a) Manufacturers of electronic products may submit to the Director

a request, together with accompanying justification, for exemption from

any requirements listed in Table 1 of Sec. 1002.1. The request must

specify each requirement from which an exemption is requested. In

addition to other information that is required, the justification must

contain documented evidence showing that the product or product type

for which the exemption is requested does not pose a public health risk

and meets at least one of the following criteria:

(1) The products cannot emit electronic product radiation in

sufficient intensity or of such quality, under any conditions of

operation, maintenance, service, or product failure, to be hazardous;

(2) The products are produced in small quantities;

(3) The products are used by trained individuals and are to be used

by the same manufacturing corporation or for research, investigation,

or training.

(4) The products are custom designed and used by trained

individuals knowledgeable of the hazards; or

(5) The products are produced in such a way that the requirements

are inappropriate or unnecessary.

(b) The Director may, subject to any conditions that the Director

deems necessary to protect the public health, exempt manufacturers from

all or part of the record and reporting requirements of this part on

the basis of information submitted in accordance with paragraph (a) of

this section or such other information which the Director may possess

if the Director determines that such exemption is in keeping with the

purposes of the Act.

(c) The Director will provide written notification of the reason

for any denial. If the exemption is granted, the Director will provide

written notification of:

(1) The electronic product or products for which the exemption has

been granted;

(2) The requirements from which the product is exempted; and

(3) Such conditions as are deemed necessary to protect the public

health and safety. Copies of exemptions shall be available upon request

from the Office of Compliance (HFZ-307), Center for Devices and

Radiological Health, 2098 Gaither Rd., Rockville, MD 20850.

(d) The Director may, on the Director's own motion, exempt certain

classes of products from the reporting requirements listed in Table 1

of Sec. 1002.1, provided that the Director finds that such exemption is

in keeping with the purposes of the act.

(e) Manufacturers of products for which there is no applicable

performance standard under parts 1020 through 1050 of this chapter and

for which an investigational device exemption has been approved under

Sec. 812.30 of this chapter or for which a premarket approval

application has been approved in accordance with Sec. 814.44(d) of this

chapter are exempt from submitting all reports listed in Table 1 of

Sec. 1002.1.

Subpart G--[Removed]

14. Subpart G, consisting of Sec. 1002.61 List of specific product

groups, is removed.

Dated: September 11, 1995.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 95-23130 Filed 9-18-95; 8:45 am]

BILLING CODE 4160-01-F

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