[Federal Register: December 10, 2002 (Volume 67, Number 237)]

[Proposed Rules]               

[Page 76055-76094]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10de02-19]                         









[[Page 76055]]





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





Part VII





















Department of Health and Human Services





















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













Food and Drug Administration













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













21 CFR Part 1020













Electronic Products; Performance Standard for Diagnostic X-Ray Systems 

and Their Major Components; Proposed Rule









[[Page 76056]]









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





DEPARTMENT OF HEALTH AND HUMAN SERVICES





Food and Drug Administration





21 CFR Part 1020





[Docket No. 01N-0275]

RIN 0910-AC34





 

Electronic Products; Performance Standard for Diagnostic X-Ray 

Systems and Their Major Components





AGENCY: Food and Drug Administration, HHS.





ACTION: Proposed rule.





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





SUMMARY: The Food and Drug Administration (FDA) is proposing to amend 

the performance standard for diagnostic x-ray systems and their major 

components. The agency is taking this action to update the standard to 

account for changes in technology and use of radiographic and 

fluoroscopic systems as well as to fully utilize the currently accepted 

metric system of units in the standard. For clarity and ease of 

understanding, FDA is republishing the complete contents of the 

affected regulations. This action is being taken under the Federal 

Food, Drug, and Cosmetic Act (the act), as amended by the Safe Medical 

Devices Act of 1990 (SMDA).





DATES: Submit written or electronic comments by April 9, 2003. See 

section III of this document for the proposed effective date of a final 

rule based on this document. Submit written comments on the information 

collection requirements by January 9, 2003.





ADDRESSES: Submit written comments to the Dockets Management Branch 

(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 

Rockville, MD 20852. Submit electronic comments to http://www.fda.gov/dockets/ecomments.

 Submit written comments regarding the information 

collection requirements to the Office of Information and Regulatory 

Affairs, Office of Management and Budget (OMB), New Executive Office 

Bldg., 725 17th St., NW. rm. 10235, Washington, DC 20503, Attn: Desk 

Officer for FDA.





FOR FURTHER INFORMATION CONTACT: Thomas B. Shope, Center for Devices 

and Radiological Health (HFZ-140), Food and Drug Administration, 9200 

Corporate Blvd., Rockville, MD 20850, 301-443-3314, ext. 132.





SUPPLEMENTARY INFORMATION:





Table of Contents





I. Background

II. Proposed Amendments to the Performance Standard for Diagnostic X-

Ray Systems and Their Major Components

    A. Change in the Quantity Used to Describe X-Radiation From 

Exposure to Air Kerma

    B. Clarification of Applicability of Requirements to Account for 

Technological Developments in Fluoroscopic X-Ray Systems Such as 

Digital Imaging, Digital Recording, and New Types of Solid-State X-Ray 

Imaging Devices

    C. Changes and Additions to Definitions and Applicability 

Statements

    D. Information to be Provided to Users (Sec.  1020.30(h))

    E. Increase in Minimum Half-Value Layer (Sec.  1020.30(m)(1))

    F. Change in the Requirement for Fluoroscopic X-Ray Field 

Limitation and Alignment (Sec.  1020.32(b))

    G. Revisions and Change in the Limits to Maximum Air Kerma Rate 

(Sec.  1020.32(d) and (e))

    H. New Modes of Image Recording

    I. Entrance Air Kerma Rate at the Fluoroscopic Image Receptor

    J. Requirement for Minimum Source-Skin Distance for Small C-Arm 

Fluoroscopic Systems (Sec.  1020.30(g))

    K. Requirements for Display of Fluoroscopic Irradiation Time, Air 

Kerma Rate, and Cumulative Air Kerma (Sec.  1020.32(h) and proposed 

(k))

    L. ``Last-Image Hold'' Feature on Fluoroscopic Systems (Proposed 

Sec.  1020.32(j))

    M. Modification of Previously Manufactured and Certified Equipment

    N. Modification of Warning Label (Sec.  1020.30(j))

    O. Corrections of Sec.  1020.31(f)(3) and (m)

    P. Corrections to Reflect Changes in Organizational Name, Address, 

and Law (Sec.  1020.30(c), (d), and (q))

    Q. Removal of Reference to Special Attachments for Mammography

    R. Change to the Applicability Statement for Sec.  1020.32

    S. Republication of Sec. Sec.  1020.30, 1020.31, and 1020.32

III. Proposed Effective Date

IV. Environmental Impact

V. Paperwork Reduction Act of 1995

VI. Analysis of Impacts

    A. Introduction

    B. Objective of the Proposed Rule

    C. Risk Assessment

    D. Constraints on the Impact Analysis

    E. Baseline Conditions

    F. The Proposed Amendments

    G. Benefits of the Proposed Amendments

    H. Estimation of Benefits

    I. Costs of Implementing the Proposed Regulations

    J. Small Business Impacts

    K. Reporting Requirements and Duplicate Rules

    L. Conclusion of the Analysis of Impacts

VII. Federalism

VIII. Submission of Comments

IX. References





I. Background





    The SMDA (Public Law 101-629) transferred the provisions of the 

Radiation Control for Health and Safety Act of 1968 (RCHSA) (Public Law 

90-602) from title III of the Public Health Service Act (PHS Act) (42 

U.S.C. 201 et seq.) to chapter V of the act (21 U.S.C. 301 et seq.). 

Under the act, FDA administers an electronic product radiation control 

program to protect the public health and safety. FDA also develops and 

administers radiation safety performance standards for electronic 

products.

    The purpose of the performance standard and these proposed 

amendments is to improve the public health by reducing exposure to and 

the detriment associated with unnecessary ionizing radiation from 

diagnostic x-ray systems while assuring the clinical utility of the 

images.

    In order for mandatory performance standards to provide the 

intended public health protection, the standards must be modified when 

appropriate to reflect changes in technology or product usage. A number 

of technological developments have been or will soon be implemented for 

radiographic and fluoroscopic x-ray systems. Such developments, 

however, are not addressed in the current standard, but have presented 

problems in the application of the current performance standard.

    FDA thus is proposing to amend the performance standard for 

diagnostic x-ray systems and their major components in Sec. Sec.  

1020.30, 1020.31, 1020.32, and 1020.33(h) (21 CFR 1020.30, 1020.31, 

1020.32, and 1020.33(h)).

    These proposed amendments will require additional features on newly 

manufactured x-ray systems that physicians may use to minimize x-ray 

exposures to patients. Advances in technology have made several of 

these newly required features possible or feasible at minimal cost.

    In the Federal Register of August 15, 1972 (37 FR 16461), FDA 

issued a final rule for the performance standard, which became 

effective on August 1, 1974. Since then, FDA has made several





[[Page 76057]]





amendments to the performance standard to incorporate new technology, 

to clarify misinterpreted provisions, or to incorporate additional 

requirements necessary to provide for adequate radiation safety of 

diagnostic x-ray systems. (See, e.g., amendments published on October 

7, 1974 (39 FR 36008); February 25, 1977 (42 FR 10983); September 2, 

1977 (42 FR 44230); November 8, 1977 (42 FR 58167); May 22, 1979 (44 FR 

29653); August 24, 1979 (44 FR 49667); November 30, 1979 (44 FR 68822); 

April 25, 1980 (45 FR 27927); August 31, 1984 (49 FR 34698); May 3, 

1993 (58 FR 26386); May 19, 1994 (59 FR 26402); and July 2, 1999 (64 FR 

35924)).

    In the Federal Register of December 11, 1997 (62 FR 65235), FDA 

issued an advance notice of proposed rulemaking requesting comments on 

the proposed conceptual changes to the performance standard. The agency 

received 12 comments from State and local radiation control agencies, 

manufacturers, and a manufacturer organization. FDA considered these 

comments in developing this proposal. In addition, the concepts 

embodied in these proposed amendments were discussed on April 8, 1997, 

during a public meeting of the Technical Electronic Product Radiation 

Safety Standards Committee (TEPRSSC). TEPRSSC is a statutory advisory 

committee (21 U.S.C. 360kk(f)(1)(A)) that FDA is required to consult 

before it may prescribe any electronic product performance standard 

under the act. The proposed amendments themselves were discussed in 

detail with the TEPRSSC during its meeting on September 23 and 24, 

1998. TEPRSSC approved the content of the proposed amendments and 

concurred with their publication for public comment.

    The proposed amendments described in section II of this document 

may be considered as nine significant amendments to the current 

standard and several other minor supporting changes, corrections, or 

clarifications. The nine principal amendments fall into the following 

three categories:

 1. Amendments requiring changes to equipment design and performance;

 2. Amendments designed to improve use of fluoroscopic systems by 

requiring enhanced information to users; and

 3. Amendments applying the standard to new features and technologies 

associated with fluoroscopic systems.





II. Proposed Amendments to the Performance Standard for Diagnostic X-

Ray Systems and Their Major Components





A. Change in the Quantity Used to Describe X-Radiation From Exposure to 

Air Kerma





    FDA proposes to change the quantity and the associated unit used to 

describe the radiation emitted by the x-ray tube or absorbed in air. 

The radiation quantity ``exposure'' would be replaced by the quantity 

``air kerma.'' The units used to describe these quantities would be 

changed accordingly throughout the standard, wherever appropriate.

    The International System of Units (SI) was named and adopted at the 

11th General Conference on Weights and Measures (GCWM) in 1960 as an 

extension of the earlier metric systems. The SI, also referred to as 

the metric system, is the approved system of units for use in the 

United States. The U.S. Department of Commerce published an 

``Interpretation and Modification of the International System of Units 

for the United States'' in the Federal Register on December 10, 1976, 

which set forth the interpretation of the SI system for the United 

States. The Omnibus Trade and Competitiveness Act of 1998 amended the 

Metric Conversion Act of 1975 to require each Federal agency to use the 

metric SI system in its activities. The FDA policy for use of metric 

measurements is described in a March 19, 1990, memorandum. This policy 

calls for use of the metric units followed by a parenthetic ``inch-

pound'' declaration unless there is a cogent reason not to utilize dual 

metric and ``inch-pound'' measurements. The policy notes that there 

should be few such exceptions.

    One of the objectives of the International Commission on Radiation 

Units and Measurements (ICRU) is to develop internationally accepted 

recommendations regarding quantities and units of radiation and 

radioactivity. The ICRU recommendations often form the basis of GCWM 

actions. In 1998, the ICRU published its Report 60, ``Fundamental 

Quantities and Units for Ionizing Radiation,'' superseding its previous 

Report 33. Report 60 uses the SI units and special names for some 

radiation units (Ref. 1). The ICRU had suggested phasing out by 1985 

the use of certain special quantities and units that were not part of 

the SI system, including the special unit of exposure, the roentgen 

(R).

    The current Federal performance standard for diagnostic x-ray 

equipment uses the special quantity exposure to describe the radiation 

emitted from an x-ray system. In the Federal Register of May 3, 1993 

(59 FR 26386), FDA published a final rule which made a partial 

transition to the SI units by changing the unit for exposure from 

``roentgen'' (R) to ``coulomb per kilogram'' (C/kg). This change 

required using an awkward conversion factor of 2.58 x 10-4 

C/kg per R.

    In view of current trends, scientific practice, the U.S. policy, 

and FDA directives, FDA proposes that a complete conversion be made to 

the SI quantities and units by amending the standard to require using 

the quantity air kerma in place of the quantity exposure. Additionally, 

the agency proposes that, in making this conversion, the absolute 

magnitude of the limits on radiation contained in the standard not be 

changed. This requires that the limits, when expressed in the new 

quantity air kerma and its unit, the gray, be expressed with numerical 

values different from the current limits that use the quantity 

exposure.

    In its recent reports, the National Council on Radiation Protection 

and Measurement (NCRP) adopted the use of the SI quantity kerma, in 

particular air kerma, to describe the radiation emitted from an x-ray 

system. This change in the NCRP recommendations was made without 

significant concern that previous limits in the voluntary 

recommendations were slightly increased by this change when numerical 

values for the limits were not changed but were expressed in the new 

units. This change in the NCRP recommendations resulted in an increase 

in the limits, compared to previous recommendations, of about 15 

percent.

    FDA is not proposing such an increase in this proposal. Instead, 

FDA is proposing that the numerical values for limits in the standard 

relating to radiation, when expressed in the new quantity, be changed 

as well so the new limits will be equivalent to the current limits, 

thereby making no change to the level of radiation protection provided 

by the standard. FDA has dropped earlier draft proposals to change the 

numerical values in a manner similar to the changes made to the 

voluntary recommendations by the NCRP because of several comments that 

were received. The comments objected to any changes to the level of 

radiation protection provided by the limits in the current mandatory 

standard.

    This proposed approach to the numerical limits results in numerical 

values that are not integer numbers or multiples of 5 or 10, as is the 

case in the current standard, when limits are expressed in the non-SI 

unit for





[[Page 76058]]





exposure, roentgen. For example, the current limit for an exposure rate 

of 10 R/minute (R/min), 2.58 x 10-3 C/kg per min, becomes an 

air kerma rate (AKR) limit of 88 milligray per minute (mGy/min) under 

the proposed approach.

    FDA is proposing new definitions of the quantities kerma, as used 

by the ICRU, and air kerma in Sec.  1020.30(b). Because the quantity 

air kerma is a different quantity from exposure and not numerically 

equivalent, FDA is proposing in the amended standard to express the 

limits in terms of air kerma and indicate the equivalent limit in terms 

of exposure using the word ``vice'' to indicate this equivalence. Thus, 

the change described above would be given in the proposed amendments as 

a limit expressed as ``88 mGy/min (vice 10 R/min)'' indicating that the 

new limit of 88 mGy/min air kerma is equivalent to the previous limit 

10 R/min exposure.

    Current International Electrotechnical Commission (IEC) standards 

for diagnostic x-ray systems use the quantity air kerma to describe the 

radiation emitted by the x-ray system. The current limits on maximum 

fluoroscopic exposure rates in the performance standard were 

established to be consistent with the recommendation of the NCRP. The 

proposed amendment maintains agreement between the performance standard 

and the voluntary standards in terms of the quantities and units used. 

But in order to maintain the current level of radiation protection and 

in response to the comments received, the change results in numerical 

limits for some of the requirements different from those used in the 

current recommendations of the NCRP.

    The term ``exposure'' is also used with a second meaning in the 

performance standard that does not refer to a quantity of radiation as 

defined here. The second meaning of ``exposure'' refers to the process 

or condition during which the x-ray tube is activated by a flow of 

current to the anode and radiation is produced. The second meaning of 

exposure will continue to be used where appropriate. FDA is proposing 

to revise the definition of the quantity exposure in Sec.  1020.30(b) 

to match the current ICRU definition.

    FDA also proposes in Sec.  1020.30(b) to amend the definitions of 

``half-value layer'' (HVL) and ``x-ray field'' to reflect the change 

from the quantity exposure to air kerma.





B. Clarification of Applicability of Requirements to Account for 

Technological Developments in Fluoroscopic X-Ray Systems Such as 

Digital Imaging, Digital Recording, and New Types of Solid-State X-Ray 

Imaging Devices





    When the performance standard was originally developed, the only 

means for producing a fluoroscopic image was either a screen of 

fluorescent material or an x-ray image intensifier tube. Thus, the 

standard was originally written with these two types of image receptors 

in mind. The advent of new types of image receptors, such as solid-

state x-ray imaging (SSXI) devices, and new modes of image recording, 

such as digital recording to computer memory or other media, has made 

the application of the current standard to systems incorporating these 

new technologies cumbersome and awkward. These new aspects of 

fluoroscopic system design have required a series of interpretations to 

apply the standard appropriately. With this in mind, FDA proposes to 

amend the performance standard to recognize these new types of image 

receptors and modes of image recording and to clarify how the 

requirements of the standard apply in each case. This amendment would 

result in replacing the terms ``x-ray image intensifier'' or ``image 

intensifier'' with the more general term ``fluoroscopic image 

receptor'' in numerous sections.

    Although the basic radiation protection and safety requirements for 

fluoroscopic equipment in the performance standard are based on the 

presence of an x-ray image intensifier, these requirements are also 

appropriate for newer imaging systems that do not use an x-ray image 

intensifier. The newer imaging systems may incorporate an image 

receptor consisting of an absorbing material and an array of solid 

state transducers that intercepts x-ray photons and directly converts 

the photon energy into a modulated electrical signal. The signal often 

goes through analog-to-digital conversion as part of the image 

formation process to perform both fluoroscopy and radiography. FDA 

proposes to modify the structure and organization of the standard to 

address this new type of x-ray imaging equipment. The specific changes 

proposed are described below in section II.C of this document.

    For SSXI, new performance considerations are relevant because of 

the different construction and the use of solid-state materials such as 

silicon and selenium. These new considerations include: Changes in 

spatial resolution, as quantified in the modulation transfer function 

(MTF), dynamic range, and detective quantum efficiency; the 

introduction of aliasing artifacts; reduced geometrical efficiency 

(fill factor); and differences in the range of quantum-limited 

operation when compared to the older vacuum-tube-based fluoroscopic 

equipment. Because consensus is not available on some aspects of the 

performance for these new devices, the agency has relied on premarket 

review and associated guidance documents to provide the necessary 

radiation safety control for these devices. (See, e.g., the ``Guidance 

for the Submission of 510(k)s for Solid State X-Ray Imaging Devices '' 

(Ref. 2).)

    An example of a new performance consideration for the SSXI is the 

active detector area. Because of the need for electrical separation/

insulation between individual detector elements, the detector area has 

both active and inactive regions, in terms of detecting image 

information. The relative areas of the active and inactive detector 

areas are usually described in terms of the fill factor. The fill 

factor, to a first approximation, is the pixel area (active area in 

terms of image formation) times the number of pixels divided by the 

total detector area exposed to the input image flux.

    The fill factor and other characteristics can have significant 

effects on imaging performance. The imaging performance must also be 

considered when obtaining a complete picture of the effectiveness of 

these devices. Although FDA is not offering specific proposals for 

imaging performance at this time, FDA is inviting comment on possible 

approaches to ensuring radiation protection and safety in the 

application of these SSXI devices.





C. Changes and Additions to Definitions and Applicability Statements





    To address the changes in technology and the new types of image 

receptors and to allow these items to be appropriately integrated into 

the standard, FDA proposes the following changes in definitions and 

applicability sections of the standard. The changes in definitions 

described here are in addition to those described above in section II.A 

of this document.

    First, in Sec.  1020.30(b), FDA proposes to amend the definition of 

``fluoroscopic imaging assembly,'' ``image receptor,'' ``spot-film 

device,'' and ``x-ray table'' by removing the reference to an x-ray 

image intensifier as the descriptor of the image receptor or by 

replacing image intensifier with the more general term fluoroscopic 

image receptor.





[[Page 76059]]





    Second, FDA also proposes in Sec.  1020.30(b) to amend the 

definition of the term ``recording'' by removing the word ``permanent'' 

and replacing it with the word ``retrievable,'' and to remove the 

examples of ``recording,'' to clarify the definition of the term 

``recording'' in the context of images stored on recording media other 

than film.

    Third, in Sec.  1020.30(b), FDA proposes to clarify the 

applicability of the standard or to bring precision to the meaning of 

specific requirements by adding definitions for the terms solid state 

x-ray imaging device, fluoroscopy, radiography, non-image intensified 

fluoroscopy, automatic exposure rate control, isocenter, last image 

hold (LIH) radiograph, mode of operation, and source-skin distance 

(SSD).

    Last, under Sec.  1020.30(b), FDA proposes to add a definition of 

``lateral fluoroscope'' to clarify the distinction between a lateral 

fluoroscope and what is commonly referred to as a C-arm fluoroscope. In 

an August 29, 1977, Compliance Policy Guide, FDA described the geometry 

for measuring, during a compliance test, the entrance exposure rate for 

lateral fluoroscopes. The standard does not define a system by the way 

it is used but allows the manufacturer to specify the use for which the 

equipment is designed. The design of the system determines whether the 

system is a C-arm or a lateral fluoroscope. If the system is a C-arm, 

it is tested using the test geometry for a C-arm system, even if it is 

used with a lateral beam direction. If the system is a dedicated 

lateral fluoroscope used with a biplane system, the more restrictive 

measurement geometry, as described for a lateral fluoroscope in the 

current Sec.  1020.32(d)(4)(iv) and (e)(3)(iv), will be used. This test 

geometry is described in proposed Sec.  1020.32(d)(3)(v).

    The lateral fluoroscope consists of a support structure holding a 

tube housing assembly and a fluoroscopic imaging assembly with the x-

ray beam in a lateral projection parallel to the plane of the tabletop. 

Thus, the geometry of the source and image receptor is fixed relative 

to the patient or x-ray table. The entrance air kerma would be measured 

with the radiation measurement instrument detector placed 15 

centimeters (cm) from the center of the table in the direction toward 

the x-ray source. (This position is considered to be typical of the 

entrance skin surface of the patient.) During the measurement, the tube 

housing assembly is positioned as close to this location as allowed by 

the system. For C-arm system measurement geometry, the patient is 

assumed to be as close to the image receptor as possible and, 

therefore, the detector is placed 30 cm from the entrance surface of 

the image receptor. In a lateral fluoroscope, the patient cannot be 

placed against the image receptor, and the measurement point is 

referenced to the center of the table. The standard does not require 

that the table have the centerline indicated. Testing is performed 

relative to the centerline and the center is located by measurement if 

necessary.

    Additionally, FDA proposes to correct two minor typographical 

errors that were introduced into the definitions of ``leakage technique 

factors'' and ``spot-film device'' in the May 3, 1993, Federal 

Register.

    FDA proposes in Sec. Sec.  1020.31 and 1020.32 to amend the 

applicability statements by removing the reference to an x-ray image 

intensifier as the descriptor of the image receptor used to distinguish 

between radiography and fluoroscopy. FDA proposes to further modify the 

applicability statements to clearly identify the type of x-ray imaging 

equipment to which each section applies and to distinguish between 

radiographic and fluoroscopic imaging.

    Additionally, to complete the transition to the use of the 

terminology ``fluoroscopic image receptor,'' FDA proposes in Sec.  

1020.32(a)(1) and (a)(2), to replace the term ``image intensifier'' 

with the more inclusive term ``fluoroscopic image receptor'' to reflect 

the changes in fluoroscopic image receptor technology and design. This 

change will, therefore, include SSXI devices, x-ray image intensifiers, 

and other fluoroscopic image receptors within the transmission limit 

and measurement criteria of paragraphs (a)(1) and (a)(2).

    Similarly, FDA proposes in Sec.  1020.32(g) to remove ``image-

intensified fluoroscope'' and add in its place the generic term 

``fluoroscope'' in the description of the requirement for minimum SSD 

for systems intended for specific surgical applications.

    Finally, in Sec.  1020.32(i), FDA proposes to remove the term 

``intensified imaging'' and add in its place ``image receptor 

incorporating more than a simple fluorescent screen.'' This removes the 

reference to a specific type of fluoroscopic image receptor, the image 

intensifier, and includes all types of receptors other than a simple 

fluorescent screen as meeting the requirement of Sec.  1020.32(i).





D. Information to be Provided to Users (Sec.  1020.30(h))





    FDA proposes to add two paragraphs to Sec.  1020.30(h). Proposed 

Sec.  1020.30(h)(5) and (h)(6) would require manufacturers to provide 

in the instructions for users additional information regarding 

fluoroscopic x-ray systems.

    Recent developments in the technology of fluoroscopic systems have 

resulted in equipment being increasingly provided with a variety of 

special modes of operation and methods of recording fluoroscopic 

images. Some of these modes of operation may significantly increase the 

entrance AKR to the patient compared to conventional fluoroscopy. There 

is concern that the operating instructions provided with the 

fluoroscopic system lack sufficient information concerning the 

characteristics of these special modes of operation to permit the 

operator to adequately evaluate the increased radiation output and 

consequent increased exposure to the patient and operator from these 

modes of operation. There is typically little information provided to 

users on the clinical procedure(s) for which each mode was designed, 

resulting in potential inappropriate application of the mode by a user 

who is not fully aware of the intended application of the particular 

mode of operation.

    Proposed Sec.  1020.30(h)(5) would require that the information 

provided to users contain a detailed description of each mode of 

operation and specific instructions on the manner in which the mode is 

engaged or disengaged. The manufacturer would also be required to 

provide information on the specific types of clinical procedures or 

imaging tasks for which the mode is intended and instructions on how 

each mode should be used. This information is to be provided in a 

special section of the user's instruction manual or in a separate 

manual devoted to this purpose.

    Section 1020.30(h)(1)(i) of the performance standard states that 

the information to users shall contain ``Adequate instructions 

concerning any radiological safety procedures and precautions which may 

be necessary because of unique features of the equipment * * *.'' FDA 

considers any mode of operation that yields an entrance AKR above 88 

mGy/min to be a unique feature of the specific fluoroscopic equipment 

and thus must have a full and complete description in the instructions 

for its use.

    FDA is also of the opinion that, for modes of operation where the 

entrance





[[Page 76060]]





AKR exceeds 88 mGy/min, the manufacturer should provide detailed 

information to permit the user to assess the exposure to the patient 

relative to that delivered in the normal mode of operation. Such 

information would give operators important radiation safety data with 

which to make better judgments on the possible hazards involved with a 

particular procedure. FDA has learned that, because of the multiple 

number of modes and options available with many of the systems, many 

users are not aware of when or how such modes are engaged and 

disengaged or the radiation output consequences of such modes. FDA had 

originally considered requiring the manufacturer to provide data on the 

entrance AKRs for each mode of operation of the fluoroscopic system. 

However, the large number of possible combinations of modes and options 

for operation available with many of the systems makes this 

impractical. The proposed amendment described in section II.J of this 

document would require the manufacturer to provide a display of the AKR 

and cumulative air kerma. With this information, the user is made aware 

of the relative changes in the AKR when changing from one mode of 

operation to another. Awareness of such changes will inform the user of 

the relative output changes of the system as a function of mode of 

operation, patient size, and system geometry.

    FDA believes that manufacturers are already providing much of the 

information proposed in this requirement. However, the information may 

not be displayed in a separate section of the manual where users can 

readily find it, and the information may not contain enough detailed 

information on the intended use of the various modes of operation to 

assure proper use of the system.

    Proposed Sec.  1020.30(h)(6) would require manufacturers to provide 

users with information regarding the new features of fluoroscopic 

systems described in proposed Sec.  1020.32(k). Proposed Sec.  

1020.30(h)(6) would also require manufacturers to provide information 

regarding the display of values of AKR and cumulative air kerma. This 

information will include a statement of the maximum deviation of the 

actual values of AKR and cumulative air kerma from their displayed 

values, maintenance and instrumentation calibration information, and a 

description of the spatial coordinates of the reference location for 

which the displayed values are given.





E. Increase in Minimum Half-Value Layer (Sec.  1020.30(m)(1))





    FDA proposes to modify the requirement for minimum HVL to recognize 

changes in x-ray tube and x-ray generator technology over the last few 

decades.

    The use of x-ray filtration to increase the quality or homogeneity 

of an x-ray beam through selective absorption of the low energy photons 

has been a recommended practice for a long time. A 1968 report 

published by NCRP (appendix B, table 3, in Ref. 3) provides the beam 

quality in terms of HVL, as a function of tube potential, that would 

result from specified values of total x-ray filtration in the x-ray 

beam. However, the values of HVL in the table would only result if one 

used the NCRP suggested values of total filtration in diagnostic x-ray 

equipment of that era (i.e., the 1960s to early 1970s). It should be 

noted that diagnostic x-ray equipment of that era was characterized by 

x-ray tubes with a large x-ray target angle and x-ray generators with 

significant ripple in the high voltage waveform (e.g., an x-ray target 

angle of 22[deg] and a high voltage ripple of 25 percent).

    The requirements on beam quality in the current IEC international 

standard (Ref. 4) are also expressed in a similar manner as the NCRP 

Report No. 33 (i.e., a total filtration requirement plus a set of 

minimum HVL values). The Institute of Physical Sciences in Medicine has 

recently published a report which can be used to estimate the total 

filtration from HVL data as a function of x-ray target angle and high 

voltage ripple (Ref. 5). These data point out the lack of 

correspondence between a total filtration of 2.5 millimeters (mm) of 

aluminum and the minimum HVL requirements in the performance standard 

for state-of-the-art x-ray equipment (e.g., an x-ray target angle of 

12[deg] and a high voltage ripple of 10 percent). For these types of 

equipment, the minimum HVL requirements in the performance standard can 

be met with about 1.8 mm of total filtration versus the required 2.5 mm 

of total filtration as specified in the IEC standard (Ref. 4). Only 

equipment with large x-ray target angles (22[deg]) and a great deal of 

high voltage ripple (25 percent) need a total filtration of 2.5 mm of 

aluminum to meet the minimum HVL requirements in the performance 

standard. In terms of skin-sparing effect, the performance-oriented set 

of minimum HVL values in the performance standard have not kept up with 

changes in x-ray equipment when compared to the design-oriented 

requirement of a total filtration of 2.5 mm of aluminum.

    For these reasons, FDA proposes to increase the minimum HVL values 

for radiographic and fluoroscopic equipment excluding mammography 

equipment and dental equipment designed for use with intraoral image 

receptors. The proposed minimum HVL values represent the values 

obtained with a total filtration of 2.5 mm of aluminum on state-of-the-

art diagnostic x-ray equipment (i.e., an x-ray target angle of 12[deg] 

and a high voltage ripple of 10 percent). FDA used the data in the 

Institute of Physical Sciences in Medicine report to arrive at the 

proposed minimum HVL values.

    As a separate x-ray filtration issue, there has been a substantial 

increase over the past 20 years in the use of x-ray fluoroscopy as a 

visualization tool for a wide range of diagnostic and therapeutic 

procedures. Because of the long catheter manipulation times and the 

need, in some cases, for a stationary x-ray field, these procedures 

have the potential, sometimes realized, for high radiation dose to 

patients and clinical personnel (Ref. 6). In fact, the agency has been 

actively involved in promoting recommendations for the avoidance of 

serious, x-ray-induced, skin injuries to patients during 

fluoroscopically-guided interventional procedures. As a result, there 

continues to be an interest in dose reduction techniques for these 

procedures.

    In general, the addition of either beam-hardening or K-edge x-ray 

filters can provide a significant reduction in the exposure, 

particularly skin exposure, to the patient. However, this reduction in 

exposure is accompanied by an attendant increase in tube load (Ref. 7). 

It should be noted that one of the recommendations of the work group on 

the technical aspects of fluoroscopy at the 1992 American College of 

Radiology (ACR)/FDA workshop on fluoroscopy (Ref. 8) was to increase 

the minimum HVL. Therefore, FDA is also proposing an additional 

requirement for fluoroscopic x-ray systems incorporating x-ray tubes of 

high heat-load capacity. Manufacturers of these systems would be 

required to provide a means, at the user's option, for adding 

additional x-ray filtration over and above the amount needed to meet 

the proposed new minimum HVL values. This requirement is based on the 

assumption that x-ray tubes with high heat-load capacity are typically 

required or provided on equipment designed for use in interventional 

procedures due to the imaging task requirements and the extended 

exposure times associated with interventional procedures. The





[[Page 76061]]





method of implementation and the actual values of additional filtration 

to realize the reduction in skin exposure will be left to the 

discretion of the manufacturer.





F. Change in the Requirement for Fluoroscopic X-Ray Field Limitation 

and Alignment (Sec.  1020.32(b))





    FDA proposes to reorganize and add new paragraphs to Sec.  

1020.32(b) to require improved x-ray field limitation for fluoroscopic 

x-ray systems. Section 1020.32(b) would be reorganized to retain the 

current requirements applicable to systems manufactured before the 

effective date of these amendments. For systems manufactured after the 

effective date, new requirements are proposed in Sec.  1020.32(b)(4) 

and (b)(5) respectively, for systems with inherently circular or 

rectangular image receptors. These proposed new requirements will 

result in increased geometric efficiency or more efficient use of 

radiation as described below.

    The proposed reorganization and retention of the existing 

requirements in Sec.  1020.32(b) will be accomplished in the following 

manner: Section 1020.32(b)(1)(i) will be redesignated as Sec.  

1020.32(b)(3); Sec.  1020.32(b)(1)(ii) and (b)(2)(iii) will be combined 

and redesignated as Sec.  1020.32(b)(1) with appropriate revisions to 

paragraph references to reflect the reorganization of Sec.  1020.32(b); 

Sec.  1020.32(b)(2)(iv) will be redesignated as Sec.  1020.32(b)(2) 

with a minor clarification; and Sec.  1020.32(b)(3) will be moved and 

redesignated as new Sec.  1020.32(b)(6). Additionally, Sec.  

1020.32(b)(2)(i) and (b)(2)(ii) will be moved to Sec. 1020.32(b)(4)(i) 

as Sec.  1020.32(b)(4)(i)(A) and (b)(4)(i)(B).

    New requirements of improved efficiency for systems manufactured 

after the effective date of the amendments are proposed in Sec.  

1020.32(b)(4)(ii) for systems with inherently circular image receptors. 

Section 1020.32(b)(5) would contain the field limitation requirements 

for systems with inherently rectangular image receptors. The 

requirements proposed for systems with rectangular image receptors are 

the same as those currently applicable to radiographic systems provided 

with positive beam limitation or to spot-film devices that utilize 

rectangular image receptors. As such, the proposed tolerances for x-ray 

field limitation are considered technically feasible.

    A reduction in unnecessary patient exposure is the basis for all of 

the x-ray field limitation and alignment requirements in the 

performance standard. For example, any radiation falling outside the 

visible area of the image receptor provides no useful diagnostic or 

visualization information and, therefore, represents unnecessary 

patient exposure. Once it is recognized that restricting the size of 

the x-ray field provides an effective control of unnecessary radiation 

exposure, the question shifts to what is the tolerance technically 

achievable by the manufacturer for the matching of the x-ray field and 

the visible area of the image receptor.

    The current performance standard (Sec.  1020.32(b)(2)(i)), states 

``neither the length nor the width of the x-ray field in the plane of 

the image receptor shall exceed that of the visible area of the image 

receptor by more than 3 percent of the SID. The sum of the excess 

length and the excess width shall be no greater than 4 percent of the 

SID.'' These requirements result in worst-case values of geometrical 

efficiency enumerated in table 1 of this document for what are typical 

geometrical and operating conditions on fluoroscopic systems. 

Geometrical efficiency is defined as the ratio of the visible area 

divided by the area of the x-ray field. It should be noted that the 

requirements in the existing IEC international standard with respect to 

x-ray field limitation are more stringent than in the performance 

standard (Ref. 4). When the x-ray field is rectangular and the visible 

area is circular, the IEC standard requires that the length and width 

of the x-ray field be less than the diameter of the maximum visible 

area of the image intensifier. Thus, if the x-ray field is centered on 

the visible area of the image intensifier, the x-ray field would exceed 

the visible area of the image intensifier only in the corners of a 

rectangular x-ray field, unlike what could result from following the 

current performance standard.





     Table 1.--Worst-Case Geometrical Efficiency in Percentage for a

                         Fluoroscopic System\1\

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

   Visible Area (circular,     X-Ray Field (worst

           cm\2\)             case, square, cm\2\)     Efficiency (%)

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

113                                           196                    57

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

177                                           289                    61

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

415                                           625                    66

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

707                                         1,024                    69

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

\1\ Worst-Case Geometrical Efficiency in Percentage for a Fluoroscopic

  System With a Source-Image Receptor Distance (SID) of 100 cm, a Square

  X-Ray Field Size at the Limits Allowed by Sec.   1020.32(b)(2)(i), and

  Image Intensifiers With 12-, 15-, 23-, and 30-cm Diameter Visible

  Areas.





    As can be seen from table 1 above, the current performance standard 

allows the possibility of relatively low geometrical efficiency, 

particularly in modes of operation corresponding to small visible areas 

on the image intensifier. It should be noted that many 

fluoroscopically-guided interventional procedures involve the use of 

small visible areas on the image intensifier (Ref. 9). These low values 

of geometrical efficiency are a direct result of using a square 

collimator for the x-ray field when faced with an inherently circular 

visible area for the image receptor. The use of a continuously 

adjustable, circular collimator and/or circular apertures along with 

adjustable rectangular collimation would increase the geometrical 

efficiency.

    Many currently marketed x-ray systems suitable for 

fluoroscopically-guided interventional procedures provide continuously 

adjustable, circular collimators as a basic and/or optional capability 

(Ref. 10). Thus, a continuously adjustable, circular collimator is 

technically feasible, albeit at some additional cost to the user 

community. Fluoroscopic x-ray systems with this feature can provide a 

substantial increase in geometrical efficiency that is important for 

all types of radiological procedures but particularly important for 

interventional procedures resulting in high skin exposure.

    It is for these reasons that FDA proposes to require geometrical 

efficiencies of 80 percent or more for all fluoroscopic x-ray systems. 

When the visible area of the image receptor is





[[Page 76062]]





greater than 34 cm in any direction, a geometrical efficiency of 80 

percent is no longer sufficiently stringent. FDA proposes to change the 

requirement to a sizing tolerance at that point (i.e., the x-ray field 

measured along the direction of greatest misalignment with the visible 

area of the image receptor shall not extend beyond the visible area of 

the image receptor by more than 2 cm). This oversizing tolerance will 

ensure geometrical efficiencies of better than 80 percent for large 

image receptors. In those unusual cases where the x-ray field is not 

uniformly intense over its cross-section, the proposed field limitation 

and alignment requirement provides for measurement of efficiency in 

terms of air kerma integrated over the x-ray field incident on the 

visible area of the image receptor (Ref. 11).

    The intent is to promote the incorporation of continuously 

adjustable, circular collimators into all types of fluoroscopic x-ray 

systems with circular image receptors. FDA acknowledges that the new 

requirements could be met through the use of less complex, currently 

available, rectangular collimation and underframing. For example, the 

amount of underframing (defined as the difference in the width of the 

x-ray field versus the diameter of the visible area) of a rectangular 

x-ray field needed to meet the new requirements is enumerated in table 

2 of this document for the same geometrical and operating conditions of 

fluoroscopic systems described in table 1 of this document. The agency 

is soliciting comments on the ramifications of this amount of 

underframing. These proposed requirements for increased x-ray 

utilization efficiency would appear in proposed Sec.  1020.32(b)(4)(ii) 

for systems manufactured after the effective date of the amendments.





         Table 2.--Underframing of a Rectangular X-Ray Field\1\

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

                                X-Ray Field Width

 Visible Area Diameter (cm)           (cm)            Underframing (cm)

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

12                                           11.9                  -0.1

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

15                                           14.9                  -0.1

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

23                                           22.8                  -0.2

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

30                                           29.7                  -0.3

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

\1\ Amount of Underframing of a Rectangular X-Ray Field Needed to Meet

  the New Field Limitation Requirements for a Fluoroscopic System With

  an SID of 100 cm and Image Intensifiers With 12-, 15-, 23-, and 30-cm

  Diameter Visible Areas.





    Although the field limitation requirements for fluoroscopic 

equipment in the performance standard are predicated on the presence of 

an x-ray image intensifier, the requirements are also appropriate for 

newer imaging systems that do not use an x-ray image intensifier. As 

mentioned previously, the newer imaging systems may incorporate an 

image receptor consisting of an absorbing material backed by an array 

of solid state transducers that intercepts x-ray photons and converts 

the photon energy into a modulated electrical signal with eventual 

analog-to-digital conversion. These image receptors are inherently 

rectangular. As is the case for image intensifier based systems, 

magnification modes are available through the use of a ``digital zoom'' 

where only a selected portion of the digital array is visible to the 

operator. FDA is proposing to apply the current requirements of the 

standard for x-ray field limitation that are used for spot-film devices 

or radiographic systems equipped with positive beam limitation, and 

which also use rectangular fields, to this new type of image receptor. 

These requirements result in worst-case values of geometrical 

efficiency (defined as the square visible area divided by the area of a 

square x-ray field) enumerated in table 3 of this document for what are 

typical geometrical and operating conditions of fluoroscopic systems.





     Table 3.--Worst-Case Geometrical Efficiency in Percentage for a

                         Fluoroscopic System\1\

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

    Visible Area Diameter     X-Ray Field (square,

       (square, cm\2\)               cm\2\)            Efficiency (%)

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

144                                           196                    73

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

225                                           289                    78

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

529                                           625                    85

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

900                                         1,024                    88

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

\1\ Worst-Case Geometrical Efficiency in Percentage for a Fluoroscopic

  System With an SID of 100 cm, a Square X-Ray Field Size at the Limits

  Allowed by Sec.   1020.32(b)(2)(i), and Solid-State X-Ray Images with

  12 cm x 12 cm, 15 cm x 15 cm, 23 cm x 23 cm, and 30 cm x 30 cm Visible

  Areas.





    As can be seen from table 3 above, the current standard provides 

relatively high geometrical efficiency. In this case, the high values 

of geometrical efficiency are a direct result of using a rectangular 

collimator for the x-ray field when faced with an inherently 

rectangular visible area for the image receptor. Proposed Sec.  

1020.32(b)(5) would explicitly state the field limitation requirements 

for systems with inherently rectangular image receptors.





G. Revisions and Change in the Limits to Maximum Air Kerma Rate (Sec.  

1020.32(d) and (e))





    In Sec.  1020.32, FDA proposes to revise and reorganize Sec.  

1020.32(d) and (e) to clarify and simplify the requirements on maximum 

AKR for fluoroscopic x-ray systems. In Sec.  1020.32(d), FDA proposes 

to incorporate all of the requirements for AKR limits regardless of the 

date of manufacture of the x-ray system. The revised paragraph would 

also incorporate the new quantity kerma and the corresponding limits on 

entrance





[[Page 76063]]





AKRs. FDA proposes to move the current requirements of Sec.  1020.32(e) 

that are applicable to equipment manufactured on or after May 19, 1995, 

to the revised Sec.  1020.32(d). This would consolidate all of the 

requirements for limits on the maximum AKR in a single section (i.e., 

revised Sec.  1020.32(d)). Section 1020.32(e) would be reserved.

    The requirements applicable to fluoroscopic systems manufactured 

before May 19, 1995, currently contained in Sec.  1020.32(d)(1) through 

(d)(3), would be contained in revised Sec.  1020.32(d)(1). No change in 

the limit on maximum AKR for previously manufactured fluoroscopic 

systems is introduced by the reorganization and simplification of 

current Sec.  1020.32(d). This simplification is obtained by describing 

the exceptions to the maximum AKR only one time in proposed Sec.  

1020.32(d)(1)(v) rather than three times as in current Sec.  

1020.32(d)(1) through (d)(3).

    Proposed Sec.  1020.32(d)(1) also includes Sec.  1020.32(d)(1)(iv) 

that makes explicit the fact that systems manufactured before May 19, 

1995, may be modified to comply with new requirements contained in 

proposed Sec.  1020.32(d)(2). The rationale for this addition is 

described in section II.M of this document.

    Proposed Sec.  1020.32(d)(2) would include the requirements 

applicable to fluoroscopic systems manufactured on or after May 19, 

1995. Section 1020.32(d)(2)(i) would contain the language currently in 

Sec.  1020.32(e)(1) that requires systems with the capability for AKR 

greater than 44 mGy/min to be provided with automatic exposure rate 

control.

    Section 1020.32(d)(2)(ii) would contain the requirements of current 

Sec.  1020.32(e)(2) that became effective on May 19, 1995, and 

establish an upper limit on the AKR during high-level control mode of 

operation. Section 1020.32(d)(2)(iii) would incorporate the exceptions 

to the maximum AKR limit given in Sec.  1020.32(d)(2)(ii). Section 

1020.32(d)(2)(ii)(A) would contain the exception currently found in 

Sec.  1020.32(e)(2)(i) that addresses the recording of images using a 

pulsed mode applicable to equipment manufactured prior to the effective 

date of these amendments. For equipment manufactured after the 

effective date of these amendments, Sec.  1020.32(d)(2)(ii)(B) would 

add an additional new exception described below in section II.H of this 

document. Finally, the exception currently found in Sec.  

1020.32(e)(2)(ii) addressing high-level control mode of operation would 

be moved to Sec.  1020.32(d)(2)(ii)(C).

    The conditions under which compliance is determined are currently 

found in Sec.  1020.32(d)(4) and (e)(3). These conditions would be 

moved to Sec.  1020.32(d)(3). Section 1020.32(d)(3)(vi) would be added 

to specifically address the measurement conditions for systems with 

SIDs less than 45 cm. For these systems, FDA is proposing that 

compliance be determined by measurement at the minimum SSD.

    The exemption for radiation therapy simulation systems currently 

found in Sec.  1020.32(d)(5) and (e)(4) would be incorporated into a 

proposed revision of Sec.  1020.32(d)(4).





H. New Modes of Image Recording





    New requirements would be established in a Sec.  

1020.32(d)(2)(iii)(B) to further limit the conditions under which the 

limit on the maximum AKR rate would not apply. In May 1994, the agency 

amended the requirements in the standard pertaining to the limit on 

entrance exposure rate (EER) during fluoroscopy. (For convenience in 

discussing the current standard and proposed changes, reference will be 

made to the limits on EER rather than to entrance AKR which will be the 

quantity used in the amended standard.)

    These 1994 amendments prescribed an exception to the limit on EER 

during the recording of images ``from an x-ray image intensifier tube 

using photographic film or a video camera when the x-ray source is 

operated in a pulsed mode.'' (Pulsed mode is defined as operation of 

the x-ray system such that the x-ray tube current is pulsed by the x-

ray control to produce one or more exposure intervals of duration less 

than one-half second.) These amendments also prescribed a limit on EER 

of 20 R/min when an optional high-level control was activated during 

fluoroscopy.

    The basic premise of these amendments was to provide for a set of 

limits on the maximum EER during fluoroscopy, and for an exception 

during radiographic modes of operation such as cine-radiography. The 

defining terms for determining whether the equipment was in fluoroscopy 

versus radiography mode of operation were ``recording of images'' and 

``pulsed mode.'' In retrospect, these terms were not explicit enough 

for making a determination of the mode of operation. For example, the 

current wording would allow adding a recording device such as a video 

tape recorder to the imaging chain in a pulsed mode of operation. This 

would, thereby, circumvent the intent of the regulation and allow the 

limit on maximum EER during fluoroscopy to be exceeded, even though the 

recorded images are never used in the radiological examination and are 

used only for archiving purposes, if used at all.

    As mentioned in the earlier discussion on new types of image 

receptors, FDA is proposing new definitions for fluoroscopy and 

radiography. These definitions are needed to make a clearer distinction 

between fluoroscopy and radiography, regardless of the type of image 

receptor being used. A key element in the new definitions is that 

radiographic images recorded from the fluoroscopic image receptor must 

be available for viewing after the acquisition of the images and during 

or after the procedure, whereas fluoroscopic images are viewed in real 

time, or near-real time during the procedure. Thus, the definitions of 

the two modes of operation, i.e., radiography and fluoroscopy, are tied 

to the intended use, and not to an arbitrary interval of time, as under 

the current ``pulsed mode'' definition.

    In addition to the proposed new definitions, FDA proposes to change 

the description of the conditions under which exceptions to the limit 

on maximum AKR are allowed. Section 1020.32(d)(2(iii) would contain two 

exemptions. The exemption currently in Sec.  1020.32(e)(2)(i) would be 

moved to Sec.  1020.32(d)(2)(iii)(A) and would apply to fluoroscopic 

systems manufactured on or after May 19, 1995, but before the effective 

date of the proposed amendment. A new exception would be added in Sec.  

1020.32(d)(2)(iii)(B). This exception would recognize that image 

receptors other than x-ray image intensifiers tubes are now used in 

fluoroscopy and would remove the reference to operation in a pulsed 

mode. Instead, the exception to the limit on maximum AKR would apply to 

any recording of images from the fluoroscopic image receptor except 

when the recording of images is accomplished using a video tape 

recorder or a video disk recorder. This would prevent the simple 

addition of an analog image-recording device to the fluoroscopic system 

as a means to overcome the limit on maximum AKR during normal 

fluoroscopy.

    As discussed in the preamble of the proposed 1993 amendments (58 FR 

26407, May 3, 1993), the agency is still interested in receiving 

information on any clinical situations that could require higher AKR 

than currently permitted. Such situations have been suggested to arise 

due to the necessity of momentarily viewing the patient or the state of 

a device in a patient as best as can be done or with the highest image 

quality obtainable during fluoroscopy





[[Page 76064]]





mode of operation. Some anecdotal evidence seems to argue for an 

increase in the EER above the current 20 R/min limit under high-level 

control. The 1994 change in the regulations underwent an extensive 

review and comment period. The consensus of that review, although not 

unanimous at the time of issuance of the regulations, was that 20 R/min 

would be sufficiently high for most clinical fluoroscopy situations. 

The agency was and is still sensitive to the concern that the limits on 

EER may in some cases compromise the clinical utility of the 

fluoroscopic equipment.

    Because of these concerns regarding the appropriate upper limit 

AKR, FDA is encouraging further comment on the topic of limits on AKR 

under normal and high-level fluoroscopy modes. For example, some 

members of the radiological community have proposed that fluoroscopic 

equipment allow a momentary viewing of the state of an intervention at 

an increased but unspecified AKR. This momentary view would have a 

maximum duration of 10 to 15 seconds. This proposal was accompanied 

with the comment that if physicians are not allowed to use such a mode, 

they will continue the practice of using cineradiography bursts at high 

AKRs to accomplish the clinical task.





I. Entrance Air Kerma Rate at the Fluoroscopic Image Receptor





    Comments received by the agency suggest that an alternative 

approach in place of or in addition to limits on AKR during fluoroscopy 

would be more useful and effective in limiting unnecessary radiation 

and assuring optimum system performance. The suggestion is that the 

limits on AKR to the patient (represented by a measurement made 

according to the compliance geometry described in current Sec.  

1020.32(e)(3)) be replaced by limits on the entrance AKR at the input 

surface of the image receptor (EAKIR). Different EAKIR limits could be 

established for different modes of fluoroscopic imaging, depending on 

the image performance required for the clinical task.

    There is a precedent for this approach in other consensus documents 

such as the NCRP Report No. 99 and NCRP Report No. 102 (Refs. 12 and 

13). For example, the NCRP Report No. 99 states that during fluoroscopy 

``typical image intensifier entrance exposure should be in the range of 

13 to 52 nC/kg/image (50 to 200 microR/image) depending on image 

intensifier size * * *.'' (Note that, in the opinion of FDA, there is 

an error in the NCRP Report No. 99: these numbers reflect exposure per 

second, not exposure per image.) In the same manner, the NCRP Report 

No. 102 provides a table with ``air kerma rate values to produce 

acceptable fluoroscopy images'' and ``air kerma to produce static 

images equivalent to that produced by a par speed screen-film system.'' 

FDA invites comments on the feasibility and desirability of this 

approach to limit unnecessary radiation from fluoroscopic systems.





J. Requirement for Minimum Source-Skin Distance for Small C-Arm 

Fluoroscopic Systems (Sec.  1020.32(g))





    FDA proposes in Sec.  1020.32(g) to add Sec.  1020.32(g)(2) to 

establish a minimum source-skin distance (MSSD) for ``C-arm'' type x-

ray systems having source-to-image-receptor distances of 45 cm or less 

and intended for imaging extremities. This amendment would incorporate 

into the performance standard the content of variances from the 

performance standard granted according to Sec.  1010.4.

    FDA has granted variances from the requirement set out in 

Sec. 1020.32(g) for a limit on the MSSD for fluoroscopic x-ray systems 

that were designed as small portable C-arm systems. These are 

fluoroscopic systems that were originally designed to be hand-held and 

were used at sporting events for a quick examination/diagnosis of 

orthopedic injuries. In fact, some of the early systems used a 

radioisotope instead of an x-ray tube as the source of the radiation 

and were, therefore, outside the purview of FDA under the RCHSA 

(although they are regulated as medical devices). Over time, 

manufacturers of these devices enlarged the distance or opening between 

the x-ray source and the image receptor to allow examination of larger 

extremities. The argument was that some athletes had larger extremities 

and a larger opening was needed to permit the use of the systems on 

them. The systems were marketed under a variance from Sec.  1020.32(g) 

and were labeled for extremity use only. As the size of the opening on 

systems for which variances have been requested has increased from 

about 20 cm to 35 cm, and manufacturers have increased the radiation 

output of these systems, the agency has become concerned about the loss 

of the skin-dose sparing properties of the MSSD requirement. In 

addition, because a variance is granted for a finite time period, 

renewal of the variances and the reviewing of new conditions for use 

present resource implications for FDA and the manufacturers.

    The justification for a variance from Sec.  1020.32(g) used by many 

manufacturers of these small C-arm systems is geometrical scaling. 

Manufacturers have stated in their variance applications that the MSSD 

is proportional to the source-image receptor distance in comparison to 

full-sized C-arm systems. Although extremities can be considered to 

scale geometrically in a similar manner compared to the trunk or large 

body parts, other body parts do not scale in such a manner as to 

maintain a similar skin dose. For the source-image receptor distances 

used in these systems, evaluation of this geometrical relationship 

shows that the factor, by which the entrance AKR to the body part 

increases over that for thinner parts, increases significantly as the 

thickness of the body part being imaged reaches over 15 or 16 cm. This 

increase reaches a factor of two for a thickness of 26 cm and increases 

rapidly for thicker parts. In their original configuration, these 

devices had a very small opening and could not accommodate anything 

other than a limb. The latest configurations can easily accommodate the 

whole body of a neonate or a pediatric patient.

    At some point, these systems no longer represent small C-arms for 

extremity use alone but are simply slightly smaller versions of 

conventional C-arms for whole-body, general-purpose examinations. If 

the system can be used for whole-body examination purposes, it should 

meet the minimum radiation safety standards applicable to conventional 

C-arm systems. Through the variance petition process, FDA has limited 

the small C-arm systems to extremity use only.

    To incorporate the protection provided by the conditions imposed by 

the variances and to incorporate this requirement in the performance 

standard, FDA proposes to limit the source-skin distance to not less 

than 19 cm for fluoroscopic systems having source-image receptor 

distances of 45 cm or less. Provision would be allowed for systems 

designed for specific surgical applications to be operated with a 

source-skin distance of not less than 10 cm. Systems subject to this 

requirement would be required to be labeled for use for imaging 

extremities only. Manufacturers would be required to include 

appropriate precautions in the information provided to users under 

Sec.  1020.30(h).





K. Requirements for Display of Fluoroscopic Irradiation Time, Air Kerma 

Rate, and Cumulative Air Kerma (Sec.  1020.32(h) and Proposed (k))





    FDA is proposing that newly manufactured fluoroscopic systems 

display directly to the fluoroscopist information related to three





[[Page 76065]]





fundamental aspects of patient irradiation--the duration, rate, and 

amount of x-ray emissions. Generally, fluoroscopic systems do not 

currently provide such information at all. Irradiation time, AKR, and 

cumulative air kerma are basic radiological variables important for 

medical radiation protection. Their values may be applied to the 

process of optimization (i.e., obtaining radiological images with the 

least amount of radiation required), to the assessment of radiation 

detriment as a factor affecting patient-outcome efficacy, and to the 

development of reference levels representative of normal clinical 

practice. Optimization, efficacy, and reference levels currently 

comprise a conceptual vanguard of radiation protection in medicine at 

the international level (Refs. 14 to 17). When monitored in the clinic, 

irradiation time, AKR, and cumulative air kerma may be used to indicate 

risk of acute skin injury arising from potentially prolonged 

irradiation associated with some interventional procedures (Refs. 18 to 

20). Values displayed directly to practitioners as an examination or 

procedure progresses can feed back to them indices of radiation burden, 

and practitioners can respond promptly by adjusting protocols and 

techniques to minimize dose to patients and practitioners as 

practitioners optimize radiation levels necessary for medical imaging. 

Moreover, for fluoroscopy and radiography in general, knowledge of 

irradiation levels at patient skin entrance is an essential starting 

place for evaluation of absorbed dose to internal tissues (Refs. 9 and 

21). Such doses are stochastically linked to cancer morbidity, 

mortality, and to genetically transmissible defects (Refs. 14 and 22). 

Estimates of cumulative doses absorbed in tissues foster risk 

communication between medical staff and patients and, when tracked over 

time, are effective indicators of practice consistency, variability, or 

anomaly in the quality assurance activities associated with assuring 

the safety of clinical procedures.

    The need for displays of irradiation variables was recognized at 

the 1992 national workshop on safety issues in fluoroscopy organized by 

the ACR and FDA (Ref. 8). In October 1995, the need was also recognized 

internationally by the workshop on efficacy and radiation safety in 

interventional radiology, sponsored jointly by the World Health 

Organization and the Institute of Radiation Hygiene, Radiation 

Protection Ministry, Federal Republic of Germany (Ref. 23). Recently, 

requirements for displays of irradiation parameters have been 

incorporated into an international standard for x-ray systems for 

interventional radiology (Ref. 24). With the advent of commercially 

available and relatively inexpensive means to measure and display real-

time AKR and cumulative air kerma produced by fluoroscopic systems 

(Ref. 25), it is feasible as well as desirable to require that this 

information be directly observable by fluoroscopists at their working 

positions.

    The proposed display requirements would apply to all types of newly 

manufactured fluoroscopic equipment (i.e., from systems found in 

cardiac catheterization suites, to equipment used for upper 

gastrointestinal fluoroscopy, to ``mini'' C-arms, and also to each 

fluoroscopic x-ray tube as part of any system). FDA invites comments 

about whether these requirements would be suitable to all types, or to 

a limited set of fluoroscopic equipment, namely, to stationary C-arm 

fluoroscopes that are typically used in interventional procedures.

1. Fluoroscopic Irradiation Time, Display, and Signal

    Fluoroscopic irradiation time is profoundly tied to patient dose in 

a complex way that involves many other factors (e.g., see Ref. 26). FDA 

believes it advantageous to require that cumulative irradiation-time 

values be treated in their own right, in addition to the other 

variables cited in the proposed Sec.  1020.32(k), as radiological 

parameters whose control would facilitate radiation-protection 

optimization. Physician members of TEPRSSC pointed out at its September 

1998 meeting that irradiation time is the single fundamental variable 

over which a physician using fluoroscopy has the most direct and 

easiest control through activating or deactivating x-ray production, 

typically by means of a pedal switch (Ref. 27).

    FDA proposes to add Sec.  1020.32(h)(2) to the regulations to 

change the current fluoroscopic timer requirement in two ways. First, 

Sec.  1020.32(h)(2)(i) would require that the values of the cumulative 

irradiation times associated with each of the fluoroscopic tubes of a 

system used in an examination or procedure be displayed to the 

fluoroscopist at his or her working position. The displayed values 

would be indicated from the beginning, throughout, and after an 

examination ends, available until the cumulative irradiation timer is 

reset to zero prior to a new examination. Second, Sec.  

1020.32(h)(2)(ii) would require an audible signal cycle different from 

that of current equipment for each x-ray tube used during an 

examination or procedure. Contrary to the current provision that allows 

the timing device to be preset to any interval up until a maximum 

cumulative irradiation time of 5 minutes, FDA proposes that a signal 

audible to the fluoroscopist sound at each fixed interval of 5 minutes 

of irradiation time. Also contrary to the current requirement, instead 

of sounding until reset, the audible signal would sound (while x-rays 

are produced) for a minimum of only 1 second, after which the signal 

could stop until a subsequent 5 minutes of irradiation elapses. The 

audible signal would not affect the production of x-rays, the display 

of cumulative irradiation-time values required by Sec.  

1020.32(h)(2)(i), or any of the other displays proposed in Sec.  

1020.32(k).

    Considering advice offered at the 1998 TEPRSSC meeting (Ref. 27), 

FDA now believes that a fixed, standard (5 minute) period for an alert 

signal would avoid potential confusion that could ensue with a 

fluoroscopic timer that is variably preset. For example, such confusion 

could arise in a busy clinical facility with many different users, 

where fluoroscopists might not be aware of the need to readjust alert 

intervals that had been changed previously by other fluoroscopists to 

accommodate the individual protocol requirements associated with 

particular patient examinations. Furthermore, FDA believes that an 

audible signal of short duration would be a more effective and useful 

alert than a signal that sounds continuously, requires a reset, and 

therefore, could pose a distraction to users. FDA seeks comments about 

the audible signal cycle in proposed Sec.  1020.32(h)(2)(ii), 

particularly in comparison to the suggested alternative below that is 

not currently in the proposal.

    As an alternative approach, the selection of the time period until 

the alarm sounds could be at the discretion of the fluoroscopist. The 

timer could be preset to any period (less than, equal to, or greater 

than 5 minutes), or preset even to not sound at all. Under this 

approach, before an examination or procedure, the fluoroscopist could 

select a period beyond which an audible signal would sound until the 

timer could be reset (or else sound briefly then remain silent until 

the preset fluoroscopic period elapses again). Presuming clinicians 

maintain personal cognizance of fluoroscopic timer options and 

adaptability, such alternatives would offer them flexibility and 

opportunity to apply standard features of equipment operation to their





[[Page 76066]]





own individual clinical protocols and practices.

    FDA also seeks comment on whether the display of the cumulative 

irradiation time should be visible to the fluoroscopist at his or her 

working position or whether it is sufficient to display the cumulative 

time at the control console. It has been suggested that this display 

should be available to the fluoroscopist to permit constant monitoring 

by the fluoroscopist. Other opinions are that such a display at the 

working position would only add confusion to an already complex visual 

environment, and display of the cumulative irradiation time at the x-

ray control would make the information available in any case. Display 

at the fluoroscopist's working position may be slightly more complex or 

costly than display at the x-ray control.

2. Displays of Air Kerma Rate and Cumulative Air Kerma

    FDA believes that a requirement for displays of AKR and cumulative 

air kerma values would significantly advance the optimization of 

radiation safety, in consideration of recent developments in clinical 

practice and technology (Refs. 23, 25, and 26), an evolving consensus 

for a radiation-protection framework (Refs. 14 to 17), and specific 

guidance (Refs. 18 to 20). Air kerma and AKR are fundamental 

radiological quantities of the amount and rate of charged-particle 

kinetic energy liberated per mass of air traversed by incident x-rays 

(Ref. 1). For this reason, FDA proposes to add Sec.  1020.32(k) to 

require that all new fluoroscopic systems be capable of displaying 

real-time values of the AKR and cumulative air kerma delivered by each 

x-ray tube at reference locations representative of x-ray beam entry to 

the patient skin surface. These displays would be directly discernible 

at the fluoroscopist's working position, and the displayed values would 

deviate by no more than +/-25 percent from actual values. To elucidate 

these requirements and those of the other proposed amendments, the 

definitions of the terms ``fluoroscopy,'' ``mode of operation,'' ``and 

radiography'' are proposed in Sec.  1020.30(b). The utility of the 

display requirements could be broadly leveraged among practitioners in 

a variety of clinical settings through familiarization with relatively 

standardized display formats. Such standardization is proposed in Sec.  

1020.32(k)(1) through (k)(7), where the particular requirements 

proposed conform generally to those of the recently published IEC 

standard (Ref. 24).

    During fluoroscopy or while recording images during a fluoroscopic 

procedure, the displayed value of the AKR would represent in real time 

the magnitude of air kerma per unit time being delivered at any 

geometrical point within a specified reference locus. The displayed 

value of the cumulative air kerma would represent a sum of two parts: 

(1) The fluoroscopic AKR integrated over an interval until update, and 

(2) all contributions to the air kerma (at any point in the same 

reference locus) from radiography occurring in that interval. The 

cumulative air kerma would be updated throughout the examination or 

procedure, and the integration interval would be the time between the 

start of an examination or procedure and the end of the most recent 

episode of either fluoroscopy or radiography during that same 

examination or procedure.

    For each x-ray tube used during fluoroscopy or during recording of 

fluoroscopy, the value of the AKR will be displayed. After the 

cessation of fluoroscopy, the cumulative air kerma will be displayed 

and will remain displayed until the resumption of fluoroscopy or a 

radiographic mode is activated or the display is reset for a new 

patient or procedure. Thus, the cumulative air kerma will be displayed 

after x-ray production ceases from either fluoroscopy or radiography.

    Values of the AKR are displayed at times other than those for the 

cumulative air kerma in order to underscore the distinction between 

these two variables and also to reduce the potential for overwhelming 

the fluoroscopist with too much information presented at once. At any 

particular moment during an examination or procedure, only values of 

the irradiation time and AKR (or cumulative air kerma) would be on 

display for each tube used. If, for example, a biplane fluoroscopic 

system were used in some cardiac catheterization procedure, two 

separate sets of values--one set for each of the x-ray tubes of the 

biplane--would be displayed. Under such circumstances of multiple 

presentations of related information, it is important that the values 

displayed be distinguishable enough from each other to be easily 

recognized and associated with the different radiological variables 

they represent. For this reason, FDA proposes in Sec.  1020.32(h)(2)(i) 

and (k)(3) to require that the units of measurement be displayed as 

well as the values per se. FDA also proposes in Sec.  1020.32(k)(1) and 

(k)(2) to require that the measurement units mGy/min and mGy be 

displayed respectively alongside the values for AKR and cumulative air 

kerma. These values would serve as a labeling distinction to preclude 

potential confusion of the quantities.

    As measures of fundamental radiological quantities, the displayed 

values of AKR and cumulative air kerma would refer to free-in-air 

irradiation conditions (i.e., their evaluations would be made minus any 

contributions of scatter radiation, particularly contributions 

backscattered from a patient (or from a measurement phantom)). Also, 

the displayed values would refer to irradiation conditions at a 

reference location (i.e., at any geometrical point contained within a 

specific reference locus defined according to the type of fluoroscopic 

system). Each reference location is intended to represent, at least 

nominally, a place of x-ray beam entry to the patient skin. For 

fluoroscopes with the x-ray source below or above the table, or of the 

lateral type, Sec.  1020.32(k)(5)(i) would have skin-entrance reference 

locations correspond identically and respectively to those specified in 

Sec.  1020.32(d)(3)(i), (d)(3)(ii), or (d)(3)(v). These locations 

define the geometry for measuring compliance with the regulatory maxima 

of the AKR.

    For C-arm type fluoroscopes, however, in many cases the locations 

proposed for measuring compliance with the regulatory maxima of the 

AKR, given in Sec.  1020.32(d)(3)(iii) and (d)(3)(iv), would not 

suitably represent where the x-ray field enters the patient skin. This 

is especially true for oblique angulations and extended distances 

between the x-ray source and image receptor. Therefore, in Sec.  

1020.32(k)(5)(ii), for C-arm systems, FDA is proposing a skin-entrance 

reference location for display quantities that is different from the 

location for measuring compliance with regulatory AKR limits. For 

evaluation of displayed values, the skin-entrance reference location 

would be either 15 cm from the isocenter toward the x-ray source along 

the beam axis (irrespective of angulation) or, alternatively, along the 

beam axis at a point deemed by the manufacturer to represent the 

intersection of the x-ray beam and the entrance surface of the patient 

skin. A definition of ``isocenter'' is proposed in Sec.  1020.30(b). 

Proposed Sec.  1020.32(k)(5)(ii) would allow manufacturers to choose 

either the 15-cm locus or specify the alternative. The alternative 

locus would offer manufacturers flexibility to provide systems that 

could evaluate AKR and cumulative air kerma in closer proximity to 

actual places of x-ray beam entry to patients than could systems with 

reference skin entrance defined





[[Page 76067]]





generically at a 15-cm locus from the isocenter. An alternative skin-

entrance reference location may be particularly appropriate for mini C-

arm fluoroscopes (i.e., those with SID less than 45 cm, for which the 

15-cm locus from the isocenter may be physically unrealizable). In any 

case, new paragraphs Sec.  1020.30(h)(6)(iii) and (h)(6)(iv) would 

require that manufacturers identify to the user the spatial coordinates 

of the irradiation location to which displayed values refer and also 

provide a rationale justifying any reference location identified as an 

alternative to the 15-cm locus.

    In patient examinations or procedures with C-arm systems, one 

possible result of having reference locations of x-ray beam skin-entry 

different from the measurement sites for AKR compliance is that 

displayed values could actually exceed the regulatory maxima even 

though the system is fully compliant. Such a situation could arise for 

some irradiation geometry when the reference skin-entrance location is 

closer to the x-ray source than is the site for measuring compliance. 

Displayed values of the AKR and cumulative air kerma are intended to 

inform the fluoroscopist of radiation burden to the patient. 

Conversely, the AKR regulatory maxima, practicably measured 30 cm from 

the imaging-assembly input, according to Sec.  1020.32(d)(3)(iii) or at 

the minimum SSD according to Sec.  1020.32(d)(3)(iv), are intended to 

impose upper limits on radiation output that are compatible with the 

levels needed by the imaging chain for adequate fluoroscopic 

visualization.

    Reset of the displays to zero would occur between sessions with 

successive patients. Before reset, a final value of the cumulative air 

kerma may serve to reinforce an association between the culmination of 

a radiological examination or procedure and the radiation burden 

incurred by the patient. FDA believes that the availability of this 

value would greatly facilitate the implementation of previously 

published recommendations (Refs. 18 to 20) on recording information in 

the patient's medical record to identify the potential for serious x-

ray-induced skin injuries in order to avoid them.





L. ``Last-Image Hold'' Feature on Fluoroscopic Systems (Proposed Sec.  

1020.32(j))





    FDA proposes to add a paragraph to require that all fluoroscopic x-

ray systems be provided with a means to continuously display the last 

image acquired prior to termination of exposure.

    The wide availability of electronic methods for the recording and 

displaying of video images makes possible the provision of a ``last-

image hold'' or ``freeze-frame'' capability on fluoroscopic x-ray 

systems. This feature allows the fluoroscopic x-ray system to 

continuously present a static image of the last fluoroscopic scene 

captured or presented at termination of the fluoroscopic exposure. This 

feature also provides the user with the ability to conveniently view 

fluoroscopic images without continuously irradiating the patient.

    This feature is especially useful in procedures such as 

fluoroscopically-guided needle placement for biopsy or drainage, 

catheter or tube placement, and other diagnostic or therapeutic 

interventional procedures. Systems provided with this feature reduce 

fluoroscopic exposure times while enabling extended examination and 

planning during fluoroscopically-guided procedures.

    This capability is provided as a basic or optional feature on many 

currently marketed fluoroscopic systems. Many individuals have 

expressed the opinion that because of the radiation dose reduction 

afforded by such a feature, it should be provided on all new 

fluoroscopic systems. Such a recommendation was strongly endorsed at 

the workshop on fluoroscopy in 1992 (Ref. 8). In addition, a 

requirement for this capability is included in the recently published 

IEC standard for the safety of x-ray equipment for interventional 

radiology (Ref. 24). Establishing this requirement would assure that 

all new fluoroscopic systems have this patient radiation dose reduction 

feature and that it is available when its use is appropriate. Without 

such a requirement, some systems may for economic reasons continue to 

be purchased without this feature, thereby denying dose reduction 

benefits to patients.

    Proposed Sec.  1020.32(j) would permit the displayed image to be 

obtained from the last or a combination of the last few fluoroscopic 

video frames obtained just prior to termination of fluoroscopic 

exposure or by an alternative implementation via a radiographic 

exposure automatically produced at termination of the fluoroscopic 

exposure. Comments are solicited as to whether these approaches to 

implementation of last image-hold are appropriate and needed.





M. Modification of Previously Manufactured and Certified Equipment





    FDA proposes to add language to Sec.  1020.32(d)(1)(iv) and (h) to 

make explicit the opportunity under Sec.  1020.30(q) for modifications 

to be made to existing certified x-ray systems. Modifications are 

currently permitted as long as the modification does not result in a 

failure to comply with the requirements of the performance standard. 

Changes in performance resulting from amendments to the performance 

standard often result in enhanced radiation safety or features not 

available on previously manufactured and certified systems.

    The existing performance standard requires manufacturers to certify 

that their products meet the applicable performance requirements in 

effect at the time of manufacture. Therefore, amendments to the 

performance standard are generally not retroactive and effective dates 

implementing the standard are specified in the regulations. Usually, a 

1-year effective date is provided in order to allow manufacturers time 

to adjust manufacturing and assembly of their products under the new or 

amended regulations. Indeed, it would be unreasonable to require the 

manufacturer to retrofit or to remanufacture previously produced 

products because of a change in the standard for equipment that could 

have a useful life of 20 or more years.

    In particular, the performance requirements regarding maximum 

exposure rate limits (proposed to become maximum AKR limits), 

established in 1994 (59 FR 26402), and the proposed requirements in 

Sec.  1020.32(h) for fluoroscopic timers are requirements or 

performance features that users of older fluoroscopic equipment may 

wish to implement on their systems. The earlier amendment in 1994 and 

the current proposal apply to new equipment manufactured after the 

effective date of the amendment. The language proposed for inclusion in 

Sec.  1020.32(d) and (h) would provide a mechanism for users of older 

equipment to obtain the performance required under the proposed 

amendments. These changes would allow older systems to be modified to 

meet the maximum AKR limit and fluoroscopic timer performance that will 

be required under the proposed requirements.

    The owner of the fluoroscopic system modified under Sec.  

1020.30(q) is responsible for assuring that the modified x-ray system 

complies with the applicable requirements of the performance standard 

following the modification. The modification to the system may be 

accomplished by a third party or by the original equipment 

manufacturer. The system owner, however, is responsible for assuring,





[[Page 76068]]





through contract requirements with the party performing the 

modification or through testing, that the modified system complies with 

the standard following the modification.





N. Modification of Warning Label (Sec.  1020.30(j))





    FDA proposes to modify the language of the warning label required 

by Sec.  1020.30(j). The current statement warns that safe exposure 

factors and operating instructions must be followed. FDA proposes to 

modify the warning label statement by adding the phrase ``maintenance 

schedules.'' This addition incorporates the suggestion of the TEPRSSC 

and further emphasizes the need for diagnostic x-ray systems to be 

properly maintained and calibrated. Manufacturers of diagnostic x-ray 

systems are required under Sec.  1020.30(h)(1)(ii) to provide a 

schedule of the maintenance necessary to keep the equipment in 

compliance with the performance standard. The standard places no 

requirement on owners or users of diagnostic systems to properly 

maintain these systems. However, the revised wording of the warning 

label is intended to alert users and facility administrators of the 

need to properly maintain the systems.





O. Corrections of Sec.  1020.31(f)(3) and (m)





    FDA proposes to correct oversights in Sec.  1020.31(f)(3) and (m) 

that occurred when the July 2, 1999, amendment was published. Section 

1020.31(f)(3) addresses the x-ray field limitation requirement for 

mammographic x-ray systems and Sec.  1020.31(m) addresses the primary 

barrier required for mammographic x-ray systems. Prior to September 30, 

1999 (the effective date of the final rule), the heading to Sec.  

1020.31(m) was ``Transmission limit for image receptor supporting 

devices used for mammography.''

    When an existing radiation safety performance standard is amended, 

the new or modified requirement applies only to products that are 

manufactured after the effective date of the amendment. Normally, the 

requirement that existed prior to the amendment is retained in the Code 

of Federal Regulations (CFR) to provide a record of the requirements of 

the standard applicable to products on their date of manufacture. When 

the final rule amending Sec.  1020.31(f)(3) and (m) was published on 

July 2, 1999, the provisions describing the requirements for equipment 

manufactured prior to September were inadvertently omitted. Thus, the 

CFR (21 CFR part 1020) has no record of the requirements imposed by 

Sec.  1020.31(f)(3) and (m) for equipment manufactured between the 

initial effective dates for Sec.  1020.31(f)(3) and (m) and September 

30, 1999. To correct this oversight, FDA proposes to reinstate the 

provisions describing the requirements that apply to equipment 

manufactured prior to September 30, 1999, under the earlier versions of 

Sec.  1020.31(f)(3) and (m). This correction will provide a record of 

the requirements applicable before September 30, 1999, and close the 

gap that exists as a result of the oversight in the publication of the 

final rule.

    Additionally, further review of this issue revealed that the 

original publication of Sec.  1020.31(f)(3) in 1977 (42 FR 44230) did 

not indicate an effective date for this paragraph, which was November 

1, 1977. FDA proposes to insert the omitted effective date. The 

omission was of little consequence because the original requirement 

reflected the then current designs of mammographic systems. FDA 

proposes to insert the date to provide an accurate record of the 

applicable x-ray field limitation requirements as a function of the 

date of manufacture of mammographic x-ray systems.

    No changes in the previously applicable or current requirements are 

proposed or intended by these corrections to Sec.  1020.31(f)(3) and 

(m). The corrections are only intended to make explicit the current or 

previously applicable requirements that existed on the date of 

manufacture.

    FDA proposes to revise Sec.  1020.31(f) by adding Sec.  

1020.31(f)(3)(i), the requirement applicable to equipment manufactured 

on or after November 1, 1977, and before September 30, 1999. The 

current requirement, applicable to equipment manufactured after 

September 30, 1999, would be Sec.  1020.31(f)(3)(ii). Section 

1020.31(f)(3)(iii) would contain the requirement for permanent markings 

that are applicable to all equipment manufactured after November 1, 

1977.

    FDA proposes to amend Sec.  1020.31(m). Section 1020.31(m)(1) would 

be revised to contain the requirement applicable to systems 

manufactured on or after September 5, 1978, and before September 30, 

1999; such requirement was previously omitted. Section 1020.31(m)(2) 

would be revised to contain the current requirements applicable to 

equipment manufactured after September 30, 1999, in Sec.  

1020.31(m)(2)(i), (m)(2)(ii), (m)(2)(iii), and (m)(2)(iv). Section 

1020.31(m)(3) would be revised to contain the description of the method 

for measuring compliance; such description is common to both Sec.  

1020.31(m)(1) and (m)(2). A minor technical clarification is also 

proposed in Sec.  1020.31(m)(2)(ii) where the term ``x-ray tube'' found 

in current Sec.  1020.31(m)(2) is replaced by the term ``x-ray system'' 

to reflect the fact that it is the x-ray system, not the x-ray tube, 

that controls initiation of x-ray exposure. This change does not change 

the intent or effect of the requirement.





P. Corrections to Reflect Changes in Organizational Name, Address, and 

Law (Sec.  1020.30(c), (d), and (q))





    FDA proposes to amend Sec. 1020.30(c) to reflect the current 

organizational title of the Office of Compliance of the Center for 

Devices and Radiological Health. FDA also proposes in Sec.  1020.30(d) 

to remove the specific address that is subject to change from time to 

time. Additionally, FDA proposes to amend paragraph Sec.  1020.30(q) to 

reflect the transfer of sections 358(a)(5) and 360B(b) of the PHS Act 

to the act by the SMDA.





Q. Removal of Reference to Special Attachments for Mammography





    FDA proposes to remove reference to ``special attachments for 

mammography'' in Sec.  1020.31(d) and (e). The Mammography Quality 

Standards established in part 900 (21 CFR part 900), particularly Sec.  

900.12(b)(1), require that only diagnostic x-ray systems designed 

specifically for mammography be used to perform mammography in the 

United States. Therefore, the use of special attachments intended for 

use with general-purpose diagnostic x-ray systems to perform 

mammography is inappropriate. No such devices may continue to be used, 

and retaining this reference in the standard would imply that such 

devices or components were acceptable.





R. Change to the Applicability Statement for Sec.  1020.32





    FDA proposes in the applicability statement of Sec.  1020.32 to 

remove the reference to ``fluoroscopy'' and replace it with 

``fluoroscopic imaging'' and to remove ``recording of images through an 

image intensifier tube'' and replace this reference with ``radiographic 

imaging when the radiographic images are recorded from the fluoroscopic 

image receptor.'' This change is necessary to clarify the applicability 

of this section and to incorporate the proposed requirements addressing 

the production of radiographic images for the last image hold feature.





S. Republication of Sec. Sec.  1020.30, 1020.31, and 1020.32





    Because of the large number of proposed changes in Sec. Sec.  

1020.30,





[[Page 76069]]





1020.31, and 1020.32, FDA is republishing these entire sections, 

including the proposed amendments, rather than publishing only the 

proposed individual changes to these sections. Although some of the 

paragraphs in these sections are not changed by this proposal, 

republication of the entire sections will result in a more reader-

friendly version when the final regulation is published.





III. Proposed Effective Date





    FDA proposes that any final rule based on this proposal become 

effective 1 year after the date of publication of the final rule in the 

Federal Register.





IV. Environmental Impact





    The agency has determined under 21 CFR 25.30(i) and 25.34(c) 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. Paperwork Reduction Act of 1995





A. Summary





    This proposed rule contains information collection provisions that 

are subject to review by OMB under the Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501-3502). A description of these provisions is given 

in the following paragraphs 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 each 

collection of information.

    The information collection burden of the current performance 

standard is covered by an existing information collection clearance, 

OMB control number 0190-0025. FDA is seeking new information collection 

clearance for proposed Sec. Sec.  1020.30(h)(5) and (6), and 

1020.32(j)(4).

    FDA invites comments on: (1) Whether the proposed collection of 

information is necessary for the proper performance of FDA's functions, 

including whether the information will have practical utility; (2) the 

accuracy of FDA's estimate of the burden of the proposed collection of 

information, including the validity of the methodology and assumptions 

used; (3) ways to enhance the quality, utility, and clarity of the 

information to be collected; and (4) ways to minimize the burden of the 

collection of information on respondents, including through the use of 

automated collection techniques, when appropriate, and other forms of 

information technology.





Performance Standard for Diagnostic X-Ray Systems and their Major 

Components (21 CFR 1020.30 and 1020.32 amended)





    Description: FDA is proposing to amend the performance standard for 

diagnostic x-ray systems by establishing, among other things, 

requirements for several new equipment features on all new fluoroscopic 

x-ray systems. In the current performance standard, Sec.  1020.30(h) 

requires that manufacturers provide to purchasers of x-ray equipment, 

and to others upon request, manuals or instruction sheets that contain 

technical and safety information. This required information is 

necessary for all purchasers (users of the equipment) to have in order 

to safely operate the equipment. Section 1020.30(h) currently describes 

the information that must be provided.

    The proposed rule would add to Sec.  1020.30(h) paragraphs (5) and 

(6) describing additional information that would need to be included in 

these manuals or instructions. In addition, proposed Sec.  

1020.32(j)(4) would specify additional descriptive information to be 

included in the user manuals for fluoroscopic x-ray systems required by 

Sec.  1020.30(h). This additional information would be descriptions of 

features of the x-ray equipment required by the proposed amendments and 

information determined to be appropriate and necessary for safe 

operation of the equipment.

    Description of Respondents: Manufacturers of fluoroscopic x-ray 

systems that introduce fluoroscopic x-ray systems into commerce 

following the effective date of the proposed amendments. FDA estimates 

the burden of this collection of information as follows:





    Table 4.--Estimated Average Annual Reporting Burden for the First

                                 Year\1\

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

                                   Annual

                       No. of     Frequency    Total      Hours    Total

  21 CFR Section    Respondents      per       Annual      per     Hours

                                 Respondent  Responses  Response

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

1020.30(h)(5) and         20          10         200       180    36,000

 (h)(6) and

 1020.32(j)(4)

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

\1\ There are no capital costs or operating and maintenance costs

  associated with this collection of information.









   Table 5.--Estimated Average Annual Reporting Burden for Second and

                            Following Year\1\

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

                                   Annual

                       No. of     Frequency    Total      Hours    Total

  21 CFR Section    Respondents      per       Annual      per     Hours

                                 Respondent  Responses  Response

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

1020.30(h)(5) and         20           5         100       180    18,000

 (h)(6) and

 1020.32(j)(4)

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

\1\ There are no capital costs or operating and maintenance costs

  associated with this collection of information.





B. Estimate of Burden





    As described in the assessment of the cost impact of the proposed 

amendment (Ref. 33), it is estimated that there are about 20 

manufacturers of fluoroscopic x-ray systems who market in the United 

States. Each of these manufacturers is estimated to market about 10 

distinct models of fluoroscopic x-ray systems. Immediately following 

the effective date of the proposed amendments, for each model of 

fluoroscopic x-ray system that manufacturers continue to market, each 

manufacturer would have to supplement the user instructions to include 

the additional information required by the proposed amendments.

    Manufacturers already develop, produce, and provide x-ray system 

user manuals or instructions containing the information necessary to 

operate the systems, as well as the specific information required to be 

provided by the existing standard in current Sec.  1020.30(h). 

Therefore, it is assumed that no significant additional capital,





[[Page 76070]]





operating, or maintenance costs will occur to the manufacturers in 

connection with the provision of the newly required information. The 

manufacturers already have procedures and methods for developing and 

producing the user's manuals, and the additional information required 

by the proposed requirements is expected to only add a few printed 

pages to these already extensive manuals or documents.

    The burden that will occur to manufacturers from the new 

requirements for information in the user's manuals will be the effort 

required to develop, draft, review, and approve the new information. 

The information or data to be contained within the new user 

instructions will already be available to the manufacturers from their 

design, testing, validation, or other product-development documents. 

The burden will consist of gathering the relevant information from 

these documents and preparing the additional instructions from this 

information.

    It is estimated that about 3 weeks of professional staff time (120 

hours) would be required to gather the required information for a 

single model of an x-ray system. It is estimated that an additional 6 

weeks (240 hours) of professional staff time would be required to 

draft, edit, design, layout, review, and approve the new portions of 

the user's manual or information required by the proposed amendments. 

Hence FDA estimates a total of 360 hours to prepare the new user 

information that would be required for each model.

    For a given manufacturer, FDA anticipates that every distinct model 

of fluoroscopic system will not require a separate development of this 

additional information. Because it is thought highly likely that 

several models of fluoroscopic x-ray systems from a given manufacturer 

will share common design aspects, it is anticipated that similar means 

for meeting the proposed requirement for display of exposure time, air 

kerma rate, and cumulative air kerma and the requirement for the last-

image-hold feature will exist on multiple models of a single 

manufacturer's products. Such common design aspects for multiple models 

will reduce the burden on manufacturers to develop new user 

information. Hence the average time required to prepare new user 

information for all of a manufacturer's models will be correspondingly 

reduced. It is assumed that the applicability of the new user 

information developed to multiple models will reduce the average burden 

from the 360 hours to about 180 hours per model under the assumption 

that each set of user information for a given equipment feature design 

will be a applicable to at least two different models of a 

manufacturer's fluoroscopic systems. Under this assumption, the total 

estimated time for preparing the new user information that would be 

required is 36,000 hours, as shown in table 4 of this document.

    In each succeeding year the burden will be less, as the reporting 

requirement will apply only to the new models developed and introduced 

by the manufacturers in that specific year. FDA assumes that every two 

years each manufacturer will replace each of its models with a newer 

model requiring new user information. The multiple system applicability 

of this information is accounted for by also assuming that each new 

model only requires 180 hours of effort to develop the required 

information. These assumptions result in an estimated burden of 18,000 

hours for each of the years following the initial year of applicability 

of the proposed amendments, as shown in table 5 of this document.

    In compliance with the PRA (44 U.S.C. 3507(d)), the agency has 

submitted the information collection provisions of this proposed rule 

to OMB for review. Interested persons are requested to send comments 

regarding information collection to the Office of Information and 

Regulatory Affairs, OMB (see ADDRESSES).





VI. Analysis of Impacts





A. Introduction





    FDA has examined the impacts of this proposed rule under Executive 

Order 12866, the Regulatory Flexibility Act (5 U.S.C. 601-612), and the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4) (UMRA). 

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 economically significant under Executive Order 12866 and is 

major under the Congressional Review Act. Therefore the proposal is 

subject to review under the Executive order.

    The Regulatory Flexibility Act requires agencies to analyze 

regulatory options that would minimize any significant impact on small 

entities. An analysis of available information suggests that costs to 

small entities are likely to be significant, as described in the 

following analysis. FDA believes that this proposed regulation will 

likely have a significant impact on a substantial number of small 

entities, and it conducted an initial regulatory flexibility analysis 

(IRFA) to ensure that any such impacts were assessed and to alert any 

potentially impacted entities of the opportunity to submit comments.

    Section 202(a) of the UMRA requires that agencies prepare a written 

statement of anticipated costs and benefits before proposing any rule 

that may result in an expenditure by State, local, and tribal 

governments, in the aggregate, or by the private sector, of $100 

million in any one year (adjusted annually for inflation). The UMRA 

does not require FDA to prepare a statement of costs and benefits for 

the proposed rule because the proposed rule is not expected to result 

in any 1-year expenditure that would exceed $100 million adjusted for 

inflation. The current inflation-adjusted statutory threshold is about 

$110 million.

    The agency has conducted preliminary analyses of the proposed rule, 

including a consideration of alternatives, and has determined that the 

proposed rule is consistent with the principles set forth in the 

Executive order and in these statutes. The costs and benefits of the 

proposed rule have been assessed in two separate preliminary analyses 

that are described in section VI of this document and that are 

available at the Dockets Management Branch (see ADDRESSES) for review. 

As reviewed below, these preliminary analyses have an estimated upper 

limit to the annual cost of $30.8 million during the first 10 years 

after the effective date of the proposed amendments. The analysis of 

benefits projects an average annual amortized pecuniary savings in the 

first 10 years after the effective date of at least $320 million, with 

an estimated 90 percent confidence interval spanning a range between 

$88.35 million and $1.160 billion. FDA believes this analysis of 

impacts complies with Executive Order 12866, and that the proposed rule 

is a significant regulatory action as defined by the Executive order. 

Because of the preliminary nature of these cost and benefit analyses 

and estimates, FDA requests comments on any aspect of their 

methodologies, assumptions, and projections. Comments may be





[[Page 76071]]





submitted to the Dockets Management Branch (see ADDRESSES).





B. Objective of the Proposed Rule





    The primary objective of the proposed rule is to improve the public 

health by reducing exposure to and detriment associated with 

unnecessary ionizing radiation from diagnostic x-ray systems, while 

maintaining the diagnostic quality of the images. The proposed rule 

would meet this objective by requiring features on newly manufactured 

x-ray systems that physicians may use to minimize unnecessary or 

unnecessarily large doses of radiation that could result in adverse 

health effects to patients and health care personnel. Such adverse 

effects from x-ray exposure can include acute skin injury and an 

increased potential for cancer or genetic damage. The secondary 

objectives of this proposed rule are to bring the performance standard 

up to date with recent and emerging technological advances in the 

design of fluoroscopic x-ray systems and to assure appropriate 

radiation safety for these designs. The proposed amendments would also 

align the performance standard with performance requirements in current 

international standards that were developed since the original 

publication of the performance standard in 1972. In several instances, 

the international standards contain more stringent requirements on 

aspects of system performance than the current U.S. performance 

standard. The proposed changes would ensure that the different safety 

standards are harmonized to the extent that systems meeting one 

standard will not be in conflict with the other. Such harmonization of 

standards lessens the regulatory burdens on manufacturers desiring to 

market systems in the global market.

    The proposed amendments would require particular x-ray equipment 

features reducing unnecessary radiation exposure and thereby yielding 

net benefits. The amendments are necessary because the market will not 

ensure that these equipment features will be adopted without a 

government mandate for such features. Purchasers in health care 

organizations have no incentive to demand the more expensive x-ray 

equipment that would be required by these new amendments because they 

perceive no institutional economic advantage in doing so as benefits 

accrue mainly to patients. Furthermore, purchasers are more responsive 

to physician attention to an immediate need for diagnostic and 

interventional efficacy from the equipment than to a prospective 

capability to reduce radiation-associated risk to patients many years 

in the future. Patients, also focused on their immediate medical needs, 

will not demand this equipment because they lack information and 

knowledge about long-term radiation risk and about the highly technical 

nature of x-ray equipment. Hence these proposed amendments are 

necessary to realize the net benefits described in the following 

analysis.





C. Risk Assessment





    The risks to health that will be addressed by these amendments are 

the adverse effects of exposure to ionizing radiation that can result 

from procedures utilizing diagnostic x-ray equipment. These adverse 

effects are well known and have been extensively studied and 

documented. They are generally categorized into two types--

``deterministic'' and ``stochastic.'' Deterministic effects are those 

that occur with certainty in days or weeks or months following 

irradiation whose cumulative dose exceeds a threshold characteristic of 

the effect. Above the threshold, the severity of the resulting injury 

increases as the radiation dose increases. Examples of such effects are 

the development of cataracts in the lens of the eye and skin ``burns.'' 

Skin is the tissue that often receives the highest dose from external 

radiation sources such as diagnostic or therapeutic x-ray exposure. 

Depending on the magnitude of the dose, skin injuries from radiation 

can range in severity from reddening of the skin and hair loss to more 

serious burn-like effects including localized tissue death that may 

require skin grafts for treatment or may result in permanent 

impairment. Stochastic effects are those that do not occur with 

certainty, but if they appear, they generally appear as leukemia or 

cancer one or several decades after the radiation exposure. The 

probability of the effect occurring is proportional to the magnitude of 

the radiation dose in the tissue.

    The primary risk associated with radiation is the possibility of 

patients developing cancer years after exposure, and the magnitude of 

this cancer risk is generally regarded to increase with increasing 

radiation dose. Consistent with the conservative approach to risk 

assessment described by the National Council on Radiation Protection 

and Measurements (Ref. 32), we assume a linear relationship between 

cancer risk and dose. The slope of this relationship depends on age at 

exposure and on gender. Our benefits analysis presented in section VI.H 

is based on linear interpolations of cancer-mortality risk per dose 

derived from BEIR V table 4-3 (Ref. 22) values reduced by a dose-rate 

effectiveness factor of 2 for solid cancers (Ref. 30). The values used 

in our analysis are represented in the following graph in figure 1 of 

the excess lifetime-probability for death per dose associated with 

radiation exposure.

BILLING CODE 4160-01-S





[[Page 76072]]





[GRAPHIC] [TIFF OMITTED] TP10DE02.058





BILLING CODE 4160-01-C





[[Page 76073]]





    FDA underscores the overarching uncertainty in these projections 

with the following statement adopted from CIRRPC Science Panel Report 

No. 9 (Ref. 30):

    The estimations of radiation-associated cancer deaths were 

derived from linear extrapolation of nominal risk estimates for 

lifetime total cancer mortality from doses of 0.1 Sv. Other methods 

of extrapolation to the low-dose region could yield higher or lower 

numerical estimates of cancer deaths. At this time studies of human 

populations exposed at low doses are inadequate to demonstrate the 

actual level of risk. There is scientific uncertainty about cancer 

risk in the low-dose region below the range of epidemiologic 

observation, and the possibility of no risk cannot be excluded.

    We project that the equipment features that would be required by 

three of the proposed amendments will promote the bulk of radiation 

dose reduction and hence cancer risk reduction: (1) Displays of 

radiation time, rate, and dose values; (2) more filtration of lower-

energy x rays; and (3) improved geometrical efficiency of the x-ray 

field achieved through tighter collimation. We assume that the display 

amendment would reduce dose on the order of 16 percent. This assumed 

value is one-half of a 32 percent dose reduction observed for several 

x-ray modalities in the United Kingdom (UK) between 1985 and 1995. We 

assume that one-half of the UK dose reduction was due to technology 

improvements alone, whereas the other half stemmed from the quality 

assurance use of reference dose levels and patient dose evaluation. The 

16 percent dose reduction that we project for the display amendment 

thus presumes facility implementation of a quality assurance program 

making use of the displayed values. This analysis and other 

assumptions--6 percent dose reduction for the filtration amendment, 1 

to 3 percent dose reduction for the collimation amendment--are detailed 

in Ref. 29. We invite comment on these assumptions.

    Until recently, the principle radiation detriment for patients 

undergoing x-ray procedures was the risk of inducing cancer and, to a 

lesser extent, heritable genetic malformations. Since 1992, however, 

approximately 80 reports of serious radiation-induced skin injury 

associated with fluoroscopically-guided interventional therapeutic 

procedures have been published in the medical literature or reported to 

FDA. Many of these injuries involved significant morbidity for the 

affected patients. FDA's experience with reports of such adverse events 

leads the agency to believe that the number of these injuries is very 

likely underreported, given the total number of interventional 

procedures currently performed. Additionally, there is the lack of any 

clearly understood requirement or incentive for health care facilities 

to report such injuries. With the advance of fluoroscopic technology 

and the proliferating use of interventional procedures by practitioners 

not traditionally specializing in the field, and therefore not 

completely familiar with dose-sparing techniques, FDA expects an 

increasing risk of radiation burns that warrants the changes to the x-

ray equipment performance standard through the proposed amendments.





D. Constraints on the Impact Analysis





    It is FDA's opinion that the proposed amendments would offer public 

health benefits that warrant their costs. However, the agency has had 

difficulty thus far accessing pertinent information from stakeholders 

to help quantify the impact of the proposal and alternatives. In view 

of the limited information available with which to develop estimates of 

the costs and benefits, FDA solicits comments, data, and opinions as to 

whether the potential health benefits of the proposed amendments would 

justify their costs. FDA will use all information and comments received 

to revise the impact assessment in reaching a final determination as to 

the appropriateness of the proposed amendments.

    The principal costs associated with the proposed amendments would 

be the increased costs to manufacturers to produce equipment that will 

have the features required by the amendments. FDA has made an estimate 

of potential cost. The cost estimate is based on a number of 

assumptions designed to assure that the potential cost is not 

underestimated. FDA anticipates that the actual costs of these 

amendments to be significantly less than the upper-limit estimate 

developed. Manufacturers of diagnostic x-ray systems are urged to 

provide detailed comments on the anticipated costs of these amendments 

that will enable refinement of these cost estimates.

    The benefits that are expected to result from these amendments are 

reductions in acute skin injuries and radiation-induced cancers. The 

proposed amendments would have two types of impact that reduce patient 

dose and associated radiation detriment without compromising image 

quality.

    The first type of change involves several newly required equipment 

features that would directly affect the intensity or size of the x-ray 

field. These are the requirements addressing x-ray beam quality, x-ray 

field limitation, limits on maximum radiation exposure rate, and MSSD 

for mini C-arm fluoroscopic systems. Almost all of the changes that 

directly affect x-ray field size or intensity would bring the 

performance standard requirements into agreement with existing 

international voluntary standards. To the extent that these 

requirements are included in voluntary standards that have a growing 

influence in the international marketplace, the radiological community 

has already recognized their benefit and appropriateness. Moreover, 

harmonization within a single international framework would obviate the 

expense for manufacturers to produce more than one line of products for 

a single global marketplace.

    The second type of change that would be required by these 

amendments involves the information to be provided by the manufacturer 

or directly by the system itself that may be utilized by the operator 

to more efficiently use the x-ray system and thereby reduce patient 

dose. There is wide support for and anticipation of these new features 

by many knowledgeable users of fluoroscopic systems. Similar 

requirements were recently included in a new international voluntary 

standard.





E. Baseline Conditions





    The cost of the proposed amendments to the x-ray equipment 

performance standard would be borne primarily by manufacturers of 

fluoroscopic systems. The cost for one of the nine proposed amendments 

would also affect manufacturers of radiographic equipment and is 

discussed in detail in Ref. 28. Therefore, this discussion will focus 

primarily on fluoroscopy (i.e., the process of obtaining dynamic, real-

time images of patient anatomy).

    X-ray imaging is used in medicine to obtain diagnostic information 

on patient anatomy and disease processes or to visualize the delivery 

of therapeutic interventions. X-ray imaging almost always involves a 

tradeoff between the quality of the images needed to do the imaging 

task and the magnitude of the radiation exposure required to produce 

the image. Difficult imaging tasks may require increased radiation 

exposure to produce the images unless some significant technological 

change provides the needed image quality. Therefore, it is important 

that users of x-ray systems have information regarding the radiation 

exposures required for the images that are being produced in order to 

make the appropriate risk-benefit decisions.

    Equipment meeting the new standards in the proposed amendments 

would provide image quality and diagnostic information identical to 

equipment





[[Page 76074]]





meeting current standards. Therefore, the clinical usefulness of the 

images provided would not change. The amendments would not affect the 

delivery of x-ray imaging services because the reasons for performing 

procedures, the number of patients having procedures, and the manner in 

which procedures are scheduled and conducted would not be changed as a 

result of the amendments. In addition, nothing in these amendments 

would adversely affect the clinical information or results obtained 

from these procedures. These amendments would result in x-ray systems 

having features that automatically provide for more efficient use of 

radiation or features that provide the physicians using the equipment 

with immediate information related to patient dose, thus enabling more 

informed and efficient use of radiation. These amendments would provide 

physicians using fluoroscopic equipment with the means to actively 

monitor patient radiation doses and minimize unnecessary exposure or 

avoid doses that could result in radiation injury.

    Estimates of the annual numbers of certain fluoroscopic procedures 

performed in the United States during the years 1996 or 1997 were 

developed, as described in Ref. 29, using data from several sources. 

These estimates of the annual numbers of specific procedures were used 

in the estimates of benefit from the proposed amendments. No attempt 

was made to account for changes in the annual numbers of procedures in 

future years, due to the large uncertainties in making such 

projections. FDA also estimates that over 3 million fluoroscopically 

guided interventional procedures are performed each year in the United 

States. These procedures are described as ``interventional procedures'' 

because they accomplish some form of therapy for patients, often as an 

alternative to more invasive and risky surgical procedures. 

Interventional procedures may result in patient radiation doses in some 

patients that approach or exceed the threshold doses known to cause 

adverse health effects. The high doses occur because physicians utilize 

the fluoroscopic images throughout the entire procedure, and such 

procedures often require exposure times significantly longer than 

conventional diagnostic procedures to guide the therapy.

    FDA records indicate that about 12,000 medical diagnostic x-ray 

systems are installed in the United States each year. Of these, 4,200 

are fluoroscopic system installations. The proposed amendments would 

apply only to those new systems manufactured after the effective date, 

therefore affecting the 4,200 new fluoroscopic systems installed 

annually and a small fraction of radiographic systems that do not 

currently meet the proposed standard for x-ray beam quality.

    In modeling the x-ray equipment market in the United States for the 

purpose of developing estimates of the cost of these amendments, FDA 

estimates that there are approximately a total of 40 manufacturers