96-30650. Radiology Devices; Proposed Classifications for Five Medical Image Management Devices  

  • [Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
    [Proposed Rules]
    [Pages 63769-63774]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-30650]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Part 892
    
    [Docket No. 96N-0320]
    
    
    Radiology Devices; Proposed Classifications for Five Medical 
    Image Management Devices
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Food and Drug Administration is proposing to classify five 
    generic types of radiology devices that provide functions related to 
    medical image communication, storage, processing, and display. Under 
    the proposal, the medical image storage device and the medical image 
    communications device would be classified into class I (general 
    controls),
    
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    and would be exempted from the requirement of premarket notification 
    when they do not use irreversible compression. The medical image 
    digitizer, the medical image hardcopy device, and the picture archiving 
    and communications system would be classified into class II (special 
    controls). The agency is publishing in this document the 
    recommendations of the Radiology Devices Panel regarding the 
    classification of these devices. After considering public comments on 
    the proposed classifications, FDA will publish a final regulation 
    classifying these devices. This action is being taken to establish 
    sufficient regulatory controls that will provide reasonable assurance 
    of the safety and effectiveness of these devices.
    
    DATES: Written comments must be submitted on or before March 3, 1997. 
    FDA proposes that any final regulation that may issue based on this 
    proposal become effective 30 days after the date of its publication in 
    the Federal Register.
    
    ADDRESSES: Submit written comments to the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
    Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: Loren A. Zaremba, Center for Devices 
    and Radiological Health (HFZ-470), Food and Drug Administration, 9200 
    Corporate Blvd., Rockville, MD 20850, 301-594-1212.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    A. Classification of Medical Devices
    
        The Federal Food, Drug, and Cosmetic Act (the act), as amended by 
    the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L. 
    94-295) and the Safe Medical Devices Act of 1990 (Pub. L. 101-629), 
    established a comprehensive system for the regulation of medical 
    devices intended for human use. Section 513 of the act (21 U.S.C. 360c) 
    established three classes of devices, depending on the regulatory 
    controls needed to provide reasonable assurance of their safety and 
    effectiveness. The three classes of devices are class I (general 
    controls), class II (special controls), and class III (premarket 
    approval). Procedures for the original classification of devices that 
    were in commercial distribution before May 28, 1976 (the date of 
    enactment of the 1976 amendments), are set forth in section 513 of the 
    act and in 21 CFR 860.84. In accordance with these procedures, devices 
    are classified after FDA has: (1) Received a recommendation from a 
    device classification panel (an FDA advisory committee); (2) published 
    the panel's recommendations for comment, along with a proposed 
    regulation classifying the device; and (3) published a final regulation 
    classifying the device.
        A device that is first offered in commercial distribution after May 
    28, 1976, and that FDA determines to be substantially equivalent to a 
    device classified under this scheme is classified into the same class 
    as the device to which it is substantially equivalent. The agency 
    determines whether new devices are substantially equivalent to 
    previously offered devices by means of premarket notification 
    procedures in section 510(k) of the act (21 U.S.C. 360(k)) and 21 CFR 
    part 807. A device that was not in commercial distribution prior to May 
    28, 1976, and that has not been found by FDA to be substantially 
    equivalent to a legally marketed device is classified automatically by 
    statute (section 513(f) of the act) into class III without any FDA 
    rulemaking proceedings.
        Section 513(d)(2)(A) of the act authorizes FDA to exempt, by 
    regulation, a generic type of class I device from, among other things, 
    the requirement of premarket notification in section 510(k) of the act. 
    Such an exemption permits manufacturers to introduce into commercial 
    distribution generic types of devices without first submitting a 
    premarket notification to FDA. If FDA has concerns only about certain 
    types of changes to a particular class I device, the agency may grant a 
    limited exemption from premarket notification for that generic type of 
    device. A limited exemption will specify the types of changes to the 
    device for which manufacturers are required to submit a premarket 
    notification. For example, FDA may exempt a device from the requirement 
    of premarket notification except when a manufacturer intends to use a 
    different material.
        To date, FDA has classified a total of 70 generic types of 
    radiology devices (see 53 FR 1554, January 20, 1988; 54 FR 5077, 
    February 1, 1989; and 55 FR 48436, November 20, 1990). With the 
    exception of the magnetic resonance diagnostic device (21 CFR 
    892.1000), all of these 70 generic devices are of a type that were on 
    the market before the enactment of the 1976 amendments. Of the 70 
    generic types of radiology devices, FDA exempted 8 from the requirement 
    of premarket notification (54 FR 13826, April 5, 1989, and 59 FR 63005, 
    December 7, 1994); of the 8 exempt devices, FDA exempted 7 with no 
    limitations. The nuclear scanning bed (21 CFR 892.1350), however, is 
    exempt only when the device is labeled with the weight limit, is used 
    with planar scanning only, and is not intended for diagnostic x-ray 
    use.
    
    B. Medical Image Management Devices
    
        Developments in electronic data communications and storage 
    technologies in recent years have led to the introduction of a number 
    of radiological devices that are intended for use in the management of 
    medical images after acquisition (Refs. 1 and 2). For digital 
    modalities such as computed tomography (CT), magnetic resonance imaging 
    (MRI), ultrasound, digital subtraction angiography, and computed 
    radiography, the images are acquired in digital form and therefore lend 
    themselves immediately to digital image management techniques. For 
    analog devices such as conventional x-ray, devices have been developed 
    to convert film images into a digital format.
        A number of acronyms are used to describe medical image management 
    devices, such as picture archiving and communications systems (PACS) 
    and image management and communications systems (IMACS). The acronyms 
    arise from the fact that the devices are principally utilized for the 
    communication and storage of images. However, the digital format also 
    facilitates the application of image processing and enhancement 
    techniques, and these techniques are now available as features on many 
    of these products.
        The digital format utilized in medical image management devices 
    provides a number of advantages, including the ability to transmit and 
    receive images rapidly with high fidelity when used with digital 
    communications technology. The devices, when utilized with electronic 
    media such as random access memory (RAM), hard disks, and optical 
    disks, also allow compact storage with rapid retrieval capability (Ref. 
    3).
        However, image viewing is inherently an analog process. Presently, 
    image display is performed using video monitors or hardcopy, and both 
    are subject to limitations (Refs. 4, 5, and 6). Current video monitors 
    do not provide brightness comparable to film/lightbox viewing, which 
    limits the number of discernable grey levels. Also, the highest 
    resolution video monitors presently available are 2048 x 2048 pixels, 
    and the majority in clinical use are 1024 x 1024 pixels or less. 
    Consequently, the number of addressable pixels on the video monitor can 
    limit the available spatial resolution if that number is less than the 
    matrix
    
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    size of the original image (which is always the case for an original x-
    ray film image). Laser and video printers are available for converting 
    digital images to hardcopy, but this conversion process involves a 
    sacrifice of the communication and storage advantages of the digital 
    technology.
        Many of the medical image management products included in this 
    proposal did not exist when the radiological device classifications 
    were first proposed in 1982. However, FDA has generally treated them as 
    accessories to the imaging modalities (e.g., x-ray systems, CT 
    scanners, and MRI systems) with which they are used, consistent with 
    the identifications of these modalities. For example, the medical image 
    digitizer and medical image hardcopy device (multiformat camera) have 
    been considered to be accessories to the stationary x-ray system (21 
    CFR 892.1680) and computed tomography x-ray system (21 CFR 892.1750), 
    respectively.
        A significant expansion in the technical characteristics and 
    functions of medical image management products has taken place in 
    recent years so that the identification of many of these products as 
    accessories to a specific radiological imaging modality is no longer 
    entirely accurate. For example, medical image hardcopy devices, medical 
    image storage devices, medical image communications devices, and 
    picture archiving and communications systems are frequently intended 
    for use with most or all imaging modalities. The classification action 
    described in this proposal would establish independent classifications 
    for medical image management products, consistent with their 
    multimodality use.
        FDA originally developed a guidance document for the submission of 
    premarket notifications for PACS devices in 1991, which the agency 
    updated in August 1993 (Ref. 7). This document outlines the suggested 
    information for a premarket notification for PACS devices and related 
    components. However, because no specific classifications have been 
    established for these devices, uncertainty exists among manufacturers 
    regarding whether medical image management products are medical devices 
    and whether premarket notifications are required. The establishment of 
    separate classifications for medical image management devices will help 
    clarify the regulatory status of these devices. At the same time, the 
    agency is proposing to exempt two of these devices from the requirement 
    of premarket notification, with limitations. These exemptions will 
    enable the agency to concentrate its resources on the evaluation of 
    more critical products, and they will make it easier for manufacturers 
    of the exempt devices to bring them to market.
        It should be noted that the classifications will usually not apply 
    to general purpose products, such as general purpose software, digital 
    communications devices, and storage devices, that are not intended for 
    medical use. These products are not considered to be medical devices. 
    However, when they are intended for use in the diagnosis of disease or 
    other conditions, or in the cure, mitigation, or prevention of disease, 
    or are intended to affect the structure or any function of the body, 
    they are devices within the meaning of section 201(h) of the act (21 
    U.S.C. 321(h)). Intended use may be revealed by how the product is 
    labeled, or if it is included as a component of a system labeled for 
    medical use.
    
    II. Panel Recommendations
    
        The Radiological Devices Panel (the Panel), an FDA advisory 
    committee, met on August 29, 1994, to review the proposed 
    classifications. The Panel concluded that the proposed identifications 
    are adequate, clear, and sufficiently inclusive.
        The Panel recommended that medical image storage devices and 
    medical image communications devices be placed in Class I and that 
    devices that do not use irreversible compression be exempted from the 
    requirement of premarket notification. As its reason for this 
    recommendation, the Panel stated its belief that general controls are 
    sufficient to provide reasonable assurance of the safety and 
    effectiveness of these devices. The Panel recommended that devices that 
    do not use irreversible compression be exempted from the requirement of 
    premarket notification because these products are transparent to the 
    user and FDA review of premarket notifications are unnecessary for the 
    protection of the public health.
        The Panel recommended that medical image digitizers, medical image 
    hardcopy devices, and picture archiving and communications systems be 
    placed in Class II. The Panel stated as reasons for this recommendation 
    the need for special controls, such as voluntary performance standards 
    and testing guidelines, to ensure their safe and effective use. The 
    Panel based its recommendations on its review of the studies cited in 
    this document, premeeting briefing materials, and on the Panel members' 
    personal knowledge of, and experience with, these devices. The Panel 
    listed inadequate or inaccurate data leading to improper diagnosis as 
    risks to health associated with the use of these devices. The Panel 
    listed Digital Imaging and Communications in Medicine (DICOM), Joint 
    Photographic Experts Group (JPEG), and Society of Motion Picture and 
    Television Engineers (SMPTE) as relevant standards.
        At the August 29, 1994, Panel meeting, representatives of the 
    National Electrical Manufacturers Association (NEMA) stated opposition 
    to the establishment of a separate classification for picture archiving 
    and communications systems, recommending instead that FDA limit the 
    classifications to components of such systems. However, the Panel 
    dismissed this objection, noting that a manufacturer would have the 
    option of obtaining marketing clearance for the entire system or for 
    individual components. FDA believes that the establishment of a 
    classification for PACS is needed because it is not feasible to 
    establish separate classifications for all possible PACS components. 
    The classification for PACS is intended to include those devices 
    associated with medical image transmission, storage, processing, and 
    display for which separate classifications have not been established. 
    Also, the PACS classification will apply to the majority of premarket 
    notifications for medical image management devices which are submitted 
    for systems rather than for individual components. NEMA and other 
    interested parties may submit alternative classification schemes in 
    response to this proposal.
        Summary minutes and a verbatim transcript of the Panel meeting have 
    been placed in the Dockets Management Branch (address above).
    
    III. Proposed Classifications
    
        Based upon the types of equipment described in past and current 
    premarket notifications, FDA has identified five generic types of 
    radiology devices that provide functions relating to medical image 
    management: The medical image communications device, the medical image 
    storage device, the medical image digitizer, the medical image hardcopy 
    device, and the picture archiving and communications system.
    
    A. Medical Image Communications Devices and Medical Image Storage 
    Devices
    
        The two most basic types of medical image management devices are 
    communications and storage products. A medical image communications 
    device provides electronic transfer of
    
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    medical image data between medical devices. It includes the physical 
    communications media (e.g., a twisted pair or fiber optic cable), 
    modems, interfaces, and communications protocols that are marketed as 
    part of the device. However, it does not include elements of the 
    communications infrastructure, such as commercial telephone lines.
        A medical image storage device is a device that provides electronic 
    storage and retrieval functions for medical images. A medical image 
    storage device may be comprised of microprocessors, interfaces, 
    software, and one or more storage media. Examples of storage media 
    include magnetic and optical discs, magnetic tape, and digital memory 
    (e.g., RAM).
        The safety and efficacy issues associated with these devices may be 
    categorized as data integrity and device compatibility. An extremely 
    high level of integrity has been achieved in electronic data 
    transmission and storage through the use of modern error-checking 
    methods, so that FDA does not consider data integrity to be a 
    significant problem.
        For a number of years device compatibility was a serious concern 
    for image communications and storage devices because many manufacturers 
    utilized proprietary image file formats. However, the American College 
    of Radiology (ACR) and NEMA have developed a protocol for sharing 
    digital images between medical devices called DICOM. This standard 
    (Ref. 8) has been incorporated by a number of manufacturers into their 
    new products and several companies are offering interfaces to convert 
    the proprietary image formats utilized in older equipment to the DICOM 
    format. Consequently, the compatibility issue is of decreasing concern.
        However, in recent years there has been a marked increase in the 
    number of devices that utilize data compression techniques to reduce 
    image transmission time and data storage requirements (Ref. 9). The 
    utilization of data compression has been accelerated by the development 
    of the JPEG standard and the commercial availability of microprocessors 
    for performing JPEG compression (Ref. 10). Data compression methods are 
    of two types, reversible or irreversible. Reversible data compression 
    methods are such that the original image data may be retrieved 
    following the compression process. With irreversible data compression 
    methods, portions of the original data are irretrievably lost. 
    Irreversible data compression is generally done so as to sacrifice 
    information that is least likely to be useful to the reader, e.g., 
    higher spatial frequencies (fine detail).
        The current version of the guidance document for the submission of 
    premarket notifications for PACS devices suggests specific labeling for 
    devices that use irreversible data compression. The guidance document 
    suggests that video image displays and hardcopy images that have been 
    subjected to irreversible compression should display a message stating 
    that irreversible compression has been applied and should state the 
    approximate compression ratio. This message is consistent with the ACR 
    Standard for Teleradiology (Ref. 11), which requires that transmitting 
    stations must have annotation capabilities that include the degree of 
    compression.
        FDA currently receives and evaluates a large number of premarket 
    notifications for medical image communications and storage devices each 
    year. Many of these devices are transparent to the user, i.e., the 
    input and output data are identical. Consequently, FDA is proposing 
    that they be placed in Class I and be exempted from the requirement of 
    premarket notification. Granting these exemptions will allow the agency 
    to make better use of its resources and thus better serve the public.
        FDA is not proposing to exempt devices that perform irreversible 
    compression from the requirement of premarket notification. At present 
    there is a great deal of activity in the development and clinical 
    evaluation of algorithms for the irreversible compression of medical 
    image data. Review of premarket notifications for devices that use 
    irreversible compression will provide FDA with the opportunity to 
    evaluate these algorithms on an individual basis to ensure that their 
    suitability for use in the medical application has been demonstrated.
    
    B. Medical Image Digitizers and Hardcopy Devices
    
        The medical image digitizer is a device that converts an analog 
    medical image into a digital format. Most radiological examinations are 
    still conducted with x-ray film as the image receptor and digitizers 
    provide a means for converting the film information to digital form. 
    Medical image hardcopy devices provide the opposite function, i.e., 
    they convert an image from an electronic form to a visual printed 
    record.
        The principal types of digitizers currently in use are frame 
    grabbers, charge coupled devices (CCD's), and laser scanners. Frame 
    grabbers may be coupled to the video output of the imaging device, or 
    to the output of a video camera placed over the film. CCD's may be 
    linear scanners or arrays. The various types of digitizers differ in 
    spatial resolution, range of film density that can be digitized, and 
    grey level discrimination capability. A discussion of performance 
    differences and appropriate testing and quality control procedures for 
    various types of digitizers is in Ref. 12.
        The most common examples of hardcopy devices are multiformat 
    cameras and laser printers. Multiformat cameras produce copies by 
    exposing film to an image on a video monitor. Laser printers produce 
    copies by modulating a laser beam that is scanned over the film. 
    Recently, FDA has granted marketing clearance to devices that produce 
    reflective paper hardcopy by means of inkjet, laser/dry silver, and 
    thermal processes. As with digitizers, the quality of the hardcopy that 
    can be obtained depends on the design of the device. However, most of 
    the standard measures of image quality are applicable to hardcopy 
    devices, and recommendations have been made regarding appropriate 
    testing and quality control procedures. A description of such 
    procedures using the SMPTE test pattern is in Ref. 5. The use of this 
    pattern is also recommended in the ACR Standard for Teleradiology.
        The performance characteristics of both digitizers and hardcopy 
    devices can have a significant influence on diagnostic capability and 
    patient care. Also, adequate quality control procedures are needed to 
    ensure their continued performance. FDA is working with voluntary 
    standards groups to develop standardized specifications, test methods, 
    and quality control procedures for digitizers and hardcopy devices. The 
    attention that has been given to the problems associated with 
    performance and quality control in the literature and by standards 
    groups indicates that special controls (e.g., voluntary standards) are 
    needed to ensure the safety and efficacy of these devices. 
    Consequently, FDA is proposing that they be placed in Class II.
    
    C. Picture Archiving and Communications System
    
        A picture archiving and communications system is defined in this 
    proposal as a device that provides one or more capabilities relating to 
    the acceptance, transfer, display, storage, and processing of medical 
    images. This classification is intended to include products that 
    combine several functions and that are marketed as PACS systems. It 
    would include systems ranging in
    
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    complexity from teleradiology products (small, portable devices that 
    transmit images over phone lines and enable an on-call radiologist to 
    review images in his/her home) to large fixed systems that utilize 
    fiber optic networks and are capable of transmitting and storing images 
    for an entire hospital or group of hospitals.
        Another common example of this device is the medical image 
    workstation, which is generally comprised of a computer, video monitor, 
    and storage device. The computer generally utilizes software related to 
    data communications, file management, and image processing. The 
    classification is also intended to include devices which provide image-
    related capabilities, and for which there are no other specific 
    classifications, such as image processing software and video monitors.
        Software is an important component of a PACS device. It is 
    generally responsible for data file organization and also may provide 
    image processing functions such as filtering (e.g., edge enhancement), 
    measurement (e.g., distance, area, and volume determinations), and 
    special image displays (three dimensional surface and volume 
    rendering). Stand-alone software marketed for use in PACS devices would 
    be included in this classification unless it is general purpose 
    software that is not intended for a medical use.
        Video monitors are also an important component of PACS devices. 
    Manufacturers have generally not submitted separate premarket 
    notifications for monitors, but rather have included them in 
    submissions for devices such as workstations. Some video monitors are 
    general purpose consumer products. However, most monitors used in 
    medical imaging are specialized devices with high brightness and 
    spatial resolution (1,000 lines or greater). These monitors can take 
    the place of film and their characteristics can have a significant 
    effect on the ability of health professionals to make a diagnosis.
        A discussion of the important performance characteristics of video 
    monitors (e.g., luminance, dynamic range, distortion, resolution, and 
    noise) and the need for standards is in Ref. 4. The National 
    Information Display Laboratory is currently working with Committee JT-
    20 of the Electronic Industries Association (EIA) to develop 
    standardized procedures for measuring the performance of cathode ray 
    tube (video monitor) displays (Ref. 13). Also, Working Group XI of the 
    ACR/NEMA Committee is currently developing a standard display function 
    for video monitors (Ref. 14).
        FDA is proposing to classify picture archiving and communication 
    systems into Class II. FDA believes that special controls such as 
    standardized performance specifications, measurement methods, and 
    quality control procedures are necessary to assure the safety and 
    efficacy of these devices. Documents addressing these subjects have 
    been or are currently being developed by the ACR, NEMA, and EIA.
        If a PACS device includes components that would otherwise be exempt 
    from the requirement of premarket notification (e.g., general purpose, 
    communication, or storage devices), the premarket notification for the 
    system would not be required to include a demonstration of substantial 
    equivalence for the exempt components.
    
    IV. 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. ``PACS, A NEMA Primer,'' published by the National Electrical 
    Manufacturer's Association, compiled by the members of the MEDPACS 
    Section of the Diagnostic Imaging and Therapy Systems Division, 
    November 1988.
        2. Choplin, R. H., J. M. Boehme, and C. D. Maynard, ``Picture 
    Archiving and Communications Systems: An Overview,'' Radiographics, 
    vol. 12, No. 1, 1992.
        3. Frost, M. M., J. C. Honeyman, and E. V. Staab, ``Image 
    Archival Technologies,'' Radiographics, vol. 12, No. 2, 1992.
        4. Dwyer, S. J. et al., ``Performance Characteristics and Image 
    Fidelity of Gray-Scale Monitors,'' Radiographics, vol. 12, No. 4, 
    1992.
        5. Gray, J. E. et al., ``Multiformat Video and Laser Cameras: 
    History, Design Considerations, Acceptance Testing and Quality 
    Control,'' Report of AAPM Diagnostic X-ray Imaging Committee Task 
    Group No. 1, Medical Physics, vol. 20, No. 2, Part 1, March/April 
    1993.
        6. Kato, H., ``Hard- and Soft-Copy Image Quality,'' in 
    ``Syllabus: A Categorical Course in Physics--Physical and Technical 
    Aspects of Angiography and Interventional Radiology,'' edited by 
    Stephen Balter and Thomas B. Shope, presented at the 81st Scientific 
    Assembly and Annual Meeting of the Radiological Society of North 
    America, November 26-December 1, 1995, RSNA Publications, Oak Brook, 
    IL.
        7. ``Guidance for Content and Review of 510(k) Notifications for 
    Picture Archiving and Communications Systems (PACS) and Related 
    Devices,'' Office of Device Evaluation, Center for Devices and 
    Radiological Health, August 1993.
        8. Bidgood, W. D., and S. C. Horii, ``Introduction to the ACR-
    NEMA DICOM Standard,'' Radiographics, vol. 12, No. 2, 1992.
        9. Zaremba, L. A., and R. A. Phillips, ``Image Compression--
    Regulatory Issues and Policies,'' presented at the 35th Annual 
    Meeting of the American Association of Physicists in Medicine, 
    Washington, DC, August 8-12, 1993.
        10. Wallace, G. K., ``The JPEG Still Picture Compression 
    Standard,'' Communications of the ACM, vol. 34, No. 4, April 1991.
        11. ``ACR Standard for Teleradiology,'' available from the 
    American College of Radiology, Reston, VA.
        12. Trueblood, J. H., S. E. Burch, K. Kearfott, and K. W. 
    Brooks, ``Radiographic Film Digitization,'' in ``Digital Imaging, 
    Medical Physics Monograph 22,'' edited by W. R. Hendee and J. H. 
    Trueblood, Medical Physics Publishing, Madison, WI, 1993.
        13. ``Display Monitor Measurement Methods Under Discussion by 
    EIA (Electronic Industries Association) Committee JT-20,'' National 
    Information Display Laboratory, Princeton, NJ.
        14. Blume, H., S. Daly, and E. Juka, ``Presentation of Medical 
    Images on CRT Displays: A Renewed Proposal for a Display Function 
    Standard,'' Proceedings of the SPIE, vol. 1987, pp. 215-231, 1993.
    
    V. Environmental Impact
    
        The agency has determined under 21 CFR 25.24(e)(2) 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. Analysis of Impacts
    
        FDA has examined the impact of the proposed 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 proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the proposed 
    rule is not a significant regulatory action as defined by the Executive 
    Order and therefore 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 agency believes only a small number of 
    firms will be affected by this rule when finalized, and because the 
    burdens associated with the
    
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    classification of these devices into Class I and Class II, as proposed, 
    is significantly less than those associated with the alternative 
    classification into Class III, the agency certifies that the proposed 
    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.
    
    VII. Request for Comments
    
        Interested persons may, on or before March 3, 1997, submit to the 
    Dockets Management Branch (address above) written comments regarding 
    this proposal. Two copies of any comments are to be submitted, except 
    that individuals may submit one 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 office above between 9 
    a.m. and 4 p.m., Monday through Friday.
    
    List of Subjects in 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, it is 
    proposed that 21 CFR part 892 be amended as follows:
    
    PART 892--RADIOLOGY DEVICES
    
        1. The authority citation for 21 CFR part 892 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        2. New Secs. 892.2010, 892.2020, 892.2030, 892.2040, and 892.2050 
    are added to subpart B to read as follows:
    
    
    Sec. 892.2010  Medical image storage device.
    
        (a) Identification. A medical image storage device is a device that 
    provides electronic storage and retrieval functions for medical images. 
    Examples include devices employing magnetic and optical discs, magnetic 
    tape, and digital memory.
        (b) Classification. Class I. The device is exempt from the 
    premarket notification procedures in subpart E of part 807 of this 
    chapter only when the device stores images without performing 
    irreversible data compression.
    
    
    Sec. 892.2020  Medical image communications device.
    
        (a) Identification. A medical image communications device provides 
    electronic transfer of medical image data between medical devices. It 
    may include a physical communications medium, modems, interfaces, and a 
    communications protocol.
        (b) Classification. Class I. The device is exempt from the 
    premarket notification procedures in subpart E of part 807 of this 
    chapter only when the device transfers images without performing 
    irreversible data compression.
    
    
    Sec. 892.2030  Medical image digitizer.
    
        (a) Identification. A medical image digitizer is a device intended 
    to convert an analog medical image into a digital format. Examples 
    include systems employing video frame grabbers, and scanners which use 
    lasers or charge-coupled devices.
        (b) Classification. Class II.
    
    
    Sec. 892.2040  Medical image hardcopy device.
    
        (a) Identification. A medical image hardcopy device is a device 
    that produces a visible printed record of a medical image and 
    associated identification information. Examples include multiformat 
    cameras and laser printers.
        (b) Classification. Class II.
    
    
    Sec. 892.2050  Picture archiving and communications system.
    
        (a) Identification. A picture archiving and communications system 
    is a device that provides one or more capabilities relating to the 
    acceptance, transfer, display, storage, and digital processing of 
    medical images. Its hardware components may include workstations, 
    digitizers, communications devices, computers, video monitors, 
    magnetic, optical disk, or other digital data storage devices, and 
    hardcopy devices. The software components may provide functions for 
    performing operations related to image manipulation, enhancement, 
    compression, or quantification.
        (b) Classification. Class II.
    
        Dated: November 17, 1996.
    D.B. Burlington,
    Director, Center for Devices and Radiological Health.
    [FR Doc. 96-30650 Filed 11-29-96; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Published:
12/02/1996
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-30650
Dates:
Written comments must be submitted on or before March 3, 1997. FDA proposes that any final regulation that may issue based on this proposal become effective 30 days after the date of its publication in the Federal Register.
Pages:
63769-63774 (6 pages)
Docket Numbers:
Docket No. 96N-0320
PDF File:
96-30650.pdf
CFR: (5)
21 CFR 892.2010
21 CFR 892.2020
21 CFR 892.2030
21 CFR 892.2040
21 CFR 892.2050