# Sunlamp products and ultraviolet lamps intended for use in sunlamp products.
**AGENCY:**
Food and Drug Administration, HHS.
**ACTION:**
Final rule; technical amendments.
**SUMMARY:**
The Food and Drug Administration (FDA) is amending procedural regulations that pertain to obtaining, submitting, executing, and filing certain documents to reflect new address information for the Center for Devices and Radiological Health (CDRH). All filings and other documents that are subject to these regulations must be directed to the new addresses. This action is being taken to provide accuracy and clarity to the agency's regulations.
**DATES:**
This regulation is effective April 22, 2010.
**FOR FURTHER INFORMATION CONTACT:**
Domini Bean, Food and Drug Administration, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, rm. 4422, Silver Spring, MD 20993-0002, 301-796-5733.
**SUPPLEMENTARY INFORMATION:**
FDA is amending its regulations in 21 CFR parts 1, 801, 803, 807, 812, 814, 820, 822, 860, 900, 1002, and 1040 to reflect new address information for certain components of the agency's CDRH. The changes are the result of the relocation of these offices to FDA's White Oak campus.
Publication of this document constitutes final action under the Administrative Procedures Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because this amendment to the regulations provides only technical changes to update mailing addresses and other information, and is nonsubstantive.
**List of Subjects**
Cosmetics, Drugs, Exports, Food labeling, Imports, Labeling, Reporting and recordkeeping requirements.
Incorporation by reference, Labeling, Medical devices, Reporting and recordkeeping requirements.
Imports, Medical devices, Reporting and recordkeeping requirements.
Confidential business information, Imports, Medical devices, Reporting and recordkeeping requirements.
Health records, Medical devices, Medical research, Reporting and recordkeeping requirements.
Administrative practice and procedure, Confidential business information, Medical devices, Medical research, Reporting and recordkeeping requirements.
Medical devices, Reporting and recordkeeping requirements.
Administrative practice and procedure, Medical devices.
Electronic products, Health facilities, Medical devices, Radiation protection, Reporting and recordkeeping requirements, X-rays.
Electronic products, Radiation protection, Reporting and recordkeeping requirements.
Electronic products, Labeling, Lasers, Medical devices, Radiation protection, Reporting and recordkeeping requirements.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR Chapter I is amended as follows:
**21 CFR Part 1**
**PART 1—GENERAL ENFORCEMENT REGULATIONS**
1. The authority citation for 21 CFR part 1 continues to read as follows:
**Authority:**
15 U.S.C. 1453, 1454, 1455; 19 U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 343, 350c, 350d, 352, 355, 360b, 362, 371, 374, 381, 382, 393; 42 U.S.C. 216, 241, 243, 262, 264.
**21 CFR Part 1**
2. Section 1.101 is amended by revising paragraph (d)(2)(iii) to read as follows:
§ 1.101
(d) * * *
(2) * * *
(iii) For devices—Food and Drug Administration, Center for Devices and Radiological Health, Division of Program Operations, 10903 New Hampshire Ave., Bldg. 66, rm. 5429, Silver Spring, MD 20993-0002.
**21 CFR Part 801**
**PART 801—LABELING**
3. The authority citation for 21 CFR part 801 continues to read as follows:
**Authority:**
21 U.S.C. 321, 331, 351, 352, 360i, 360j, 371, 374.
**21 CFR Part 801**
4. Section 801.430 is amended by revising the text of footnote number 1 in paragraph (f)(2) to read as follows:
§ 801.430
(f) * * *
(2) * * *
<sup>1</sup> The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the American Society for Testing and Materials International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, 610-832-9578, *www.astm.org* . You may inspect a copy at the FDA Main Library, 10903 New Hampshire Ave., Bldg. 2, 3d floor, Silver Spring, MD 20993-0002, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-2139, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.*
**21 CFR Part 803**
**PART 803—MEDICAL DEVICE REPORTING**
5. The authority citation for 21 CFR part 803 continues to read as follows:
**Authority:**
21 U.S.C. 352, 360, 360i, 360j, 371, 374.
**21 CFR Part 803**
6. Section 803.11 is amended by revising paragraph (c) to read as follows:
§ 803.11
(c) Food and Drug Administration, Center for Devices and Radiological Health, Division of Small Manufacturers, International and Consumer Assistance, 10903 New Hampshire Ave., Bldg. 66, rm. 4521, Silver Spring, MD 20993-0002.
**21 CFR Part 803**
7. Section 803.21 is amended by revising paragraph (a) to read as follows:
§ 803.21
(a) The MEDWATCH Medical Device Reporting Code Instruction Manual contains adverse event codes for use with FDA Form 3500A. You may obtain the coding manual from CDRH's Web site at *http://www.fda.gov/Safety/MedWatch/HowToReport/DownloadForms/ucm149238.htm* .
**21 CFR Part 807**
**PART 807—ESTABLISHMENT REGISTRATION AND DEVICE LISTING FOR MANUFACTURERS AND INITIAL IMPORTERS OF DEVICES**
8. The authority citation for 21 CFR part 807 continues to read as follows:
**Authority:**
21 U.S.C. 321, 331, 351, 352, 360, 360c, 360e, 360i, 360j, 371, 374, 381, 393; 42 U.S.C. 264, 271.
**21 CFR Part 807**
9. Section 807.22 is amended by revising paragraph (a) to read as follows:
§ 807.22
(a) The first registration of a device establishment shall be on Form FDA-2891 (Initial Registration of Device Establishment). Forms are available upon request from the Food and Drug Administration, Center for Devices and Radiological Health, Office of Compliance, 10903 New Hampshire Ave., Bldg. 66, rm. 3521, Silver Spring, MD 20993-0002, or from Food and Drug Administration district offices. Subsequent annual registration shall be accomplished on Form FDA-2891a (Annual Registration of Device Establishment), which will be furnished by FDA to establishments whose registration for that year was validated under § 807.35(a). The forms will be mailed to the owner or operators of all establishments by the official correspondent in accordance with the schedule as described in § 807.21(a). The completed form shall be mailed to the address designated in this paragraph 30 days after receipt from FDA.
**21 CFR Part 807**
10. Section 807.37 is amended by revising paragraphs (a) and (b)(2) to read as follows:
§ 807.37
(a) A copy of the forms FDA-2891 and FDA-2891a filed by the registrant will be available for inspection in accordance with section 510(f) of the act, at the Food and Drug Administration, Center for Devices and Radiological Health, Office of Compliance, 10903 New Hampshire Ave., Bldg. 66, rm. 3521, Silver Spring, MD 20993-0002. In addition, there will be available for inspection at each of the Food and Drug Administration district offices the same information for firms within the geographical area of such district office. Upon request, verification of registration number or location of a registered establishment will be provided.
(b) * * *
(2) Requests for device listing information identified in paragraph (b)(1) of this section should be directed to the Food and Drug Administration, Center for Devices and Radiological Health, Office of Compliance, 10903 New Hampshire Ave., Bldg. 66, rm. 3521, Silver Spring, MD 20993-0002.
**21 CFR Part 807**
11. Section 807.90 is amended by revising paragraph (a)(1) to read as follows:
§ 807.90
(a)(1) For devices regulated by the Center for Devices and Radiological Health, be addressed to the Food and Drug Administration, Center for Devices and Radiological Health, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002.
**21 CFR Part 812**
**PART 812—INVESTIGATIONAL DEVICE EXEMPTIONS**
12. The authority citation for 21 CFR part 812 continues to read as follows:
**Authority:**
21 U.S.C. 331, 351, 352, 353, 355, 360, 360c-360f, 360h-360j, 371, 372, 374, 379e, 381, 382, 383; 42 U.S.C. 216, 241, 262, 263b-263n.
**21 CFR Part 812**
13. Section 812.19 is amended by revising paragraph (a)(1) to read as follows:
§ 812.19
(a) * * *
(1) For devices regulated by the Center for Devices and Radiological Health, send it to Food and Drug Administration, Center for Devices and Radiological Health, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002.
**21 CFR Part 814**
**PART 814—PREMARKET APPROVAL OF MEDICAL DEVICES**
14. The authority citation for 21 CFR part 814 continues to read as follows:
**Authority:**
21 U.S.C. 351, 352, 353, 360, 360c-360j, 371, 372, 373, 374, 375, 379, 379e, 381.
**21 CFR Part 814**
15. Section 814.20 is amended by revising paragraph (h)(1) to read as follows:
§ 814.20
(h) * * *
(1) For devices regulated by the Center for Devices and Radiological Health, Food and Drug Administration, Center for Devices and Radiological Health, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002.
**21 CFR Part 814**
16. Section 814.104 is amended by revising paragraph (d)(1) to read as follows:
§ 814.104
(d) * * *
(1) For devices regulated by the Center for Devices and Radiological Health, send to Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002.
**21 CFR Part 820**
**PART 820—QUALITY SYSTEM REGULATION**
17. The authority citation for 21 CFR part 820 continues to read as follows:
**Authority:**
21 U.S.C. 351, 352, 360, 360c, 360d, 360e, 360h, 360i, 360j, 360l, 371, 374, 381, 383; 42 U.S.C. 216, 262, 263a, 264.
**21 CFR Part 820**
18. Section 820.1 is amended by revising paragraph (e)(1) to read as follows:
§ 820.1
(e) * * * (1) Any person who wishes to petition for an exemption or variance from any device quality system requirement is subject to the requirements of section 520(f)(2) of the act. Petitions for an exemption or variance shall be submitted according to the procedures set forth in § 10.30 of this chapter, the FDA's administrative procedures. Guidance is available from the Food and Drug Administration, Center for Devices and Radiological Health, Division of Small Manufacturers, International and Consumer Assistance, 10903 New Hampshire Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002, 1-800-638-2041 or 301-796-7100, FAX: 301-847-8149.
**21 CFR Part 822**
**PART 822—POSTMARKET SURVEILLANCE**
19. The authority citation for 21 CFR part 822 continues to read as follows:
**Authority:**
21 U.S.C. 331, 352, 360i, 360l, 371, 374.
**21 CFR Part 822**
20. Section 822.8 is revised to read as follows:
§ 822.8
You must submit your plan to conduct postmarket surveillance within 30 days of the date you receive the postmarket surveillance order. For devices regulated by the Center for Biologics Evaluation and Research, send three copies of your submission to the Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448. For devices regulated by the Center for Drug Evaluation and Research, send three copies of your submission to the Central Document Room, Center for Drug Evaluation and Research, Food and Drug Administration, 5901-B, Ammendale Rd., Beltsville, MD 20705-1266. For devices regulated by the Center for Devices and Radiological Health, send three copies of your submission to the Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002. When we receive your original submission, we will send you an acknowledgment letter identifying the unique document number assigned to your submission. You must use this number in any correspondence related to this submission.
**21 CFR Part 822**
21. Section 822.12 is revised to read as follows:
§ 822.12
Guidance documents that discuss our current thinking on preparing a postmarket surveillance submission and designing a postmarket surveillance plan are available on the Center for Devices and Radiological Health's Web site and from the Food and Drug Administration, Center for Devices and Radiological Health, Office of Surveillance and Biometrics, 10903 New Hampshire Ave., Bldg. 66, rm. 3219, Silver Spring, MD 20993-0002. Guidance documents represent our current interpretation of, or policy on, a regulatory issue. They do not establish legally enforceable rights or responsibilities and do not legally bind you or FDA. You may choose to use an approach other than the one set forth in a guidance document, as long as your alternative approach complies with the relevant statutes (laws) and regulations. If you wish, we will meet with you to discuss whether an alternative approach you are considering will satisfy the requirements of the act and regulations.
**21 CFR Part 860**
**PART 860—MEDICAL DEVICE CLASSIFICATION PROCEDURES**
22. The authority citation for 21 CFR part 860 continues to read as follows:
**Authority:**
21 U.S.C. 360c, 360d, 360e, 360i, 360j, 371, 374.
**21 CFR Part 860**
23. Section 860.123 is amended by revising paragraph (b)(1) to read as follows:
§ 860.123
(b) * * *
(1) For devices regulated by the Center for Devices and Radiological Health, addressed to the Food and Drug Administration, Center for Devices and Radiological Health, Regulations Staff, 10903 New Hampshire Ave., Bldg. 66, rm. 4425, Silver Spring, MD 20993-0002; for devices regulated by the Center for Biologics Evaluation and Research, addressed to the Document Control Center (HFM-99), Center for Biologics Evaluation and Research, Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448; for devices regulated by the Center for Drug Evaluation and Research, addressed to the Central Document Control Room, Center for Drug Evaluation and Research, Food and Drug Administration, 5901-B Ammendale Rd., Beltsville, MD 20705-1266, as applicable.
**21 CFR Part 900**
**PART 900—MAMMOGRAPHY**
24. The authority citation for 21 CFR part 900 continues to read as follows:
**Authority:**
21 U.S.C. 360i, 360nn, 374(e); 42 U.S.C. 263b.
**21 CFR Part 900**
25. Section 900.15 is amended by revising paragraph (d)(3)(i) to read as follows:
§ 900.15
(d) * * *
(3) * * *
(i) A facility must request reconsideration by DMQRP within 60 days of the accreditation body's adverse appeals decision, at the following address: Food and Drug Administration, Center for Devices and Radiological Health, Division of Mammography Quality and Radiation Programs, Attn: Facility Accreditation Review Committee, 10903 New Hampshire Ave., Bldg. 66, rm. 4521, Silver Spring, MD 20993-0002.
**21 CFR Part 900**
26. Section 900.18 is amended by revising paragraph (c) introductory text to read as follows:
§ 900.18
(c) *Applications for approval of an alternative standard* . An application for approval of an alternative standard or for an amendment or extension of the alternative standard shall be submitted in an original and two copies to the Food and Drug Administration, Center for Devices and Radiological Health, Director, Division of Mammography Quality and Radiation Programs, 10903 New Hampshire Ave., Bldg. 66, rm. 4521, Silver Spring, MD 20993-0002. The application for approval of an alternative standard shall include the following information:
**21 CFR Part 900**
27. Section 900.21 is amended by revising paragraph (b)(1) to read as follows:
§ 900.21
(b) * * * (1) An applicant seeking FDA approval as a certification agency shall inform the Food and Drug Administration, Center for Devices and Radiological Health, Director, Division of Mammography Quality and Radiation Programs, Attn: States as Certifiers Coordinator, 10903 New Hampshire Ave., Bldg. 66, rm. 4521, Silver Spring, MD 20993-0002, in writing, of its desire to be approved as a certification agency.
**21 CFR Part 1002**
**PART 1002—RECORDS AND REPORTS**
28. The authority citation for 21 CFR part 1002 continues to read as follows:
**Authority:**
21 U.S.C. 352, 360, 360i, 360j, 360hh-360ss, 371, 374.
**21 CFR Part 1002**
29. Section 1002.7 is amended by revising the introductory text to read as follows:
§ 1002.7
All submissions such as reports, test data, product descriptions, and other information required by this part, or voluntarily submitted to the Director, Center for Devices and Radiological Health, shall be filed with the number of copies as prescribed by the Director, Center for Devices and Radiological Health, and shall be signed by the person making the submission. The submissions required by this part shall be addressed to the Food and Drug Administration, Center for Devices and Radiological Health, ATTN: Electronic Product Reports, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002.
**21 CFR Part 1002**
30. Section 1002.10 is amended by revising the introductory text to read as follows:
§ 1002.10
Every manufacturer of a product or component requiring a product report as set forth in table 1 of § 1002.1 shall submit a product report to the Food and Drug Administration, Center for Devices and Radiological Health, ATTN: Electronic Product Reports, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002, 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:
**21 CFR Part 1002**
31. Section 1002.20 is amended by revising paragraph (b) introductory text to read as follows:
§ 1002.20
(b) Such reports shall be addressed to Food and Drug Administration, Center for Devices and Radiological Health, ATTN: Accidental Radiation Occurrence Reports, Document Mail Center, 10903 New Hampshire Ave., Bldg. 66, rm. G609, Silver Spring, MD 20993-0002, and the reports and their envelopes shall be distinctly marked “Report on 1002.20” and shall contain all of the following information where known to the manufacturer:
**21 CFR Part 1002**
32. Section 1002.50 is amended by revising paragraph (c)(3) to read as follows:
§ 1002.50
(c) * * *
(3) Such conditions as are deemed necessary to protect the public health and safety. Copies of exemptions shall be available upon request from the Food and Drug Administration, Center for Devices and Radiological Health, Division of Mammography Quality and Radiation Programs, 10903 New Hampshire Ave., Bldg. 66, rm. 4521, Silver Spring, MD 20993-0002.
**21 CFR Part 1040**
**PART 1040—PERFORMANCE STANDARDS FOR LIGHT-EMITTING PRODUCTS**
33. The authority citation for 21 CFR part 1040 continues to read as follows:
**Authority:**
21 U.S.C. 351, 352, 360, 360e-360j, 371, 381; 42 U.S.C. 263B-263n.
**21 CFR Part 1040**
34. Section 1040.10 is amended by revising paragraph (a)(3)(i) to read as follows:
§ 1040.10
(a) * * *
(3) * * *
(i) Registers, and provides a listing by type of such laser products manufactured that includes the product name, model number and laser medium or emitted wavelength(s), and the name and address of the manufacturer. The manufacturer must submit the registration and listing to the Food and Drug Administration, Center for Devices and Radiological Health, Director, Office of Compliance, 10903 New Hampshire Ave., Bldg. 66, rm. 3521, Silver Spring, MD 20993-0002.
**21 CFR Part 1040**
35. Section 1040.20 is amended by revising paragraph (d)(3)(iii) to read as follows:
§ 1040.20
(d) * * *
(3) * * *
(iii) If the size, configuration, design, or function of the sunlamp product or ultraviolet lamp would preclude compliance with the requirements for any required label or would render the required wording of such label inappropriate or ineffective, or would render the required label unnecessary, the Director, Office of Communication, Education, and Radiation Programs 10903 New Hampshire Ave., Bldg. 66, rm. 4312, Silver Spring, MD 20993-0002, Center for Devices and Radiological Health, on the center's own initiative or upon written application by the manufacturer, may approve alternate means of providing such label(s), alternate wording for such label(s), or deletion, as applicable.
Dated: April 12, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.