[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]]





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Part VII





















Department of Health and Human Services





















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Food and Drug Administration













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21 CFR Part 1020













Electronic Products; Performance Standard for Diagnostic X-Ray Systems 

and Their Major Components; Proposed Rule









[[Page 76056]]









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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.





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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 of 

diagnostic x-ray systems in the United States and half of these (20) 

market fluoroscopic systems and radiographic systems. It is assumed 

that manufacturers of radiographic systems typically market 20 models 

of radiographic systems, while manufacturers of fluoroscopic systems 

market 10 different models of fluoroscopic systems.





F. The Proposed Amendments





    As described in section II of this document, the proposed 

regulations may be considered as nine significant amendments to the 

current performance standard for diagnostic x-ray systems and other 

minor supporting changes to the standard. The nine principal amendments 

may be grouped into three major impact areas: (1) Amendments requiring 

changes to equipment design and performance that would facilitate more 

efficient use of radiation and provide means for reducing patient 

exposure, (2) amendments improving the use of fluoroscopic systems 

through enhanced information to users, and (3) amendments facilitating 

the application of the standard to new features and technologies 

associated with fluoroscopic systems.

    Amendments requiring equipment changes include changes in x-ray 

beam quality; provision of a means to add additional filtration; 

changes in the x-ray field limitation requirements; provision of 

displays of values of irradiation time, AKR, and cumulative air kerma; 

the display of the last fluoroscopic image acquired (LIH feature); 

specification of the MSSD for mini C-arm systems; and changes to the 

requirement concerning maximum limits on entrance AKR. Amendments that 

would result in improved information for users are those requiring 

additional information to be provided in user instruction manuals. 

Amendments facilitating the application of the standard to new 

technologies include the recognition of SSXI devices, revisions of the 

applicability sections, and establishment of additional definitions.





G. Benefits of the Proposed Amendments





    The proposed amendments would benefit patients by enabling 

physicians to reduce fluoroscopic radiation doses and associated 

detriment and, hence, to use the radiation more efficiently to achieve 

medical objectives. The health benefits of lowering doses are 

reductions in the potential for radiation-induced cancers and in the 

numbers of skin burns associated with higher levels of x-ray exposure 

during fluoroscopically-guided therapeutic procedures. FDA believes 

that the proposed amendments would not degrade the quality of 

fluoroscopic images produced while reducing the radiation doses.

    There is widespread agreement in the radiological community that 

radiation doses to patients and staff should be kept ``as low as 

reasonably achievable'' (ALARA) as a general principle of radiation 

protection. In particular, moreover, recent experience has demonstrated 

that in some few cases of fluoroscopically-guided interventional 

procedures with especially long irradiation times, the magnitudes of 

the radiation doses are large enough to cause serious injury to the 

skin. A growing number of patients that are potentially at risk for 

acute and long-term radiation injury makes it important to provide 

fluoroscopic systems with features that will assist in reducing the 

radiation to patients while continuing to accomplish the medical 

objectives of the needed procedures.

    The proposed amendments would require that fluoroscopic x-ray 

systems provide equipment features that directly enable the user to 

reduce radiation doses and maintain them ALARA. Furthermore, the 

amendments would require provision of information to the user of the 

equipment in the form of additional information in the user's manual or 

instructions to enable improved use in a manner that minimizes patient 

exposures and, by extension, occupational exposures to medical staff.

    There is wide agreement that radiation exposures during fluoroscopy 

are not optimized. For example, data from the 1991 Nationwide 

Evaluation of X-ray Trends (NEXT) surveys of fluoroscopic x-ray systems 

used for upper gastrointestinal tract examinations (upper GI exam) 

indicate that the mean entrance AKR is typically 5 cGy/min for an adult 

patient (Ref. 28). Properly maintained and adjusted fluoroscopic 

systems are expected to be able to perform the imaging tasks associated 

with the upper GI exam with





[[Page 76075]]





an entrance AKR of 2 cGy/min or less (Ref. 8). The NEXT survey data 

indicate significant room for improvement in this aspect of 

fluoroscopic system performance. The total patient dose could be 

significantly reduced were the entrance AKR lowered to what is 

currently reasonably achievable, and the features required by the 

proposed amendments would facilitate this reduction.

    The proposed features of LIH and real-time display of entrance AKR 

and cumulative entrance air kerma values are intended to provide 

fluoroscopists with means to better limit the patient radiation 

exposure. The LIH feature would permit decision-making regarding the 

procedure underway while visualizing the anatomy without continuing to 

expose the patient. The air kerma- and AKR-value displays would provide 

real-time feedback to the fluoroscopists and are anticipated to result 

in improved fluoroscopist performance to limit radiation dose based on 

the immediate availability of information regarding that dose. 

Realization of the potential dose-reduction benefits would require 

fluoroscopists to take advantage of these proposed features and 

optimize the way they use fluoroscopic systems.

    The potential impact of the change in the beam quality requirement, 

which would apply to most radiographic and all fluoroscopic systems, 

can be seen from the data on beam quality obtained from the FDA 

Compliance Testing Program for the current standard. Since January 1, 

1996, FDA has conducted 4,832 tests of beam quality, that is, 

measurement of the HVL of the beam for newly installed x-ray systems. 

Of these tests, only 15 systems did not meet the current HVL or beam 

quality requirement. If the requirements for HVL contained in these 

proposed amendments were used as the criteria for compliance, only 698 

systems or 14.4 percent of the systems tested would have been found not 

to have complied. This result suggests that at a minimum approximately 

15 percent of recently installed medical x-ray systems would have their 

beam quality improved and patient exposures reduced were the new 

requirement in place and applicable to them.

    Numerous examples are available in the literature that illustrate 

the potential reduction in patient dose, while preserving image 

quality, that can result from increased x-ray beam filtration. 

Reference 7 demonstrates that the addition of 1.5 to 2.0 mm of aluminum 

(Al) as additional filtration, which is the change required to enable 

systems that just meet the current requirement to meet the proposed HVL 

requirement, would result in about a 30 percent reduction in entrance 

air kerma and about a 15 percent reduction in the integral dose for the 

fluoroscopic examination modeled in the paper at 80 kVp tube potential. 

Reduction in entrance skin dose (entrance air kerma) is relevant to 

reducing the risk of deterministic injuries to the skin, while a 

reduction in the integral dose is directly related to a reduction in 

the risk of stochastic effects such as cancer induction. Other authors 

have described dose reductions of a similar magnitude from increasing 

filtration for radiographic systems.

    The requirements proposed in these amendments implement many of the 

suggestions and recommendations developed by members of the 

radiological community at the 1992 Workshop on Fluoroscopy sponsored by 

the American College of Radiology and FDA (Ref. 8). The recommendations 

from this workshop stressed the need to provide users of fluoroscopy 

with improved features enabling more informed use of this increasingly 

complex equipment. In addition, three radiological professional 

organizations indicated their opinions to FDA that radiologists would 

use the new features to better manage patient radiation exposure.





H. Estimation of Benefits





    Projected benefits are quantified below in terms of: (1) Collective 

dose savings, (2) numbers of lives spared premature death associated 

with radiation-induced cancer, (3) collective years of life spared 

premature death, (4) numbers of reports of fluoroscopic skin burns 

precluded, and (5) pecuniary estimates associated with the preceding 

four items. The estimates represent average annual benefits projected 

to ramp up during a 10-year interval in which new fluoroscopic systems 

conforming to the proposed rules are phased into use in the United 

States. (FDA assumes that 10 years after the effective date of the 

proposed rules all fluoroscopic systems then in use would conform to 

those rules and that associated recurring benefits would continue to 

accrue at constant rates.) Annual pecuniary estimates that are averaged 

over the 10-year ramp-up interval and that are associated with 

prevention of cancer incidence, preclusion of premature mortality, and 

obviation of cancer treatment are based on the projected numbers of 

lives spared premature death. These pecuniary estimates are valued in 

current dollars using a 7 percent discount rate covering the identical 

10-year evaluation period used in the cost analysis (see section VI.I). 

Based on an economic model of society's willingness to pay a premium 

for high-risk jobs, we associate a value of $5 million for each 

statistical death avoided, $25,000 for preclusion of each cancer 

treatment, and $5,000 for preclusion of cancer's psychological impact. 

Life benefits would be realized 20 years following exposure (after a 

period of 10 years of cancer latency followed by a period of 10 years 

of survival). Details, notes, and references for this analysis are 

provided in Ref. 29. The low, middle, and high estimates in table 6 of 

this document correspond respectively to the 5th, median, and 95th 

percentile points of nominal probability distributions. Estimation of 

the confidence intervals associated with these distributions is 

explained in the following paragraphs.





                            Table 6.--Projections of Annual Benefits in United States

            for display, collimation, and filtration rules applied to PTCA, CA, and UGI procedures\1\

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

                                                             5th Percentile        Median        95th Percentile

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

Average Annual Dose and Life Savings in the First 10 Years  ................  ................  ................

 After Effective Date of Proposed Rules

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

 Collective dose savings (person-sievert)                        3,202             7,231            16,330

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

 Number of lives spared premature death from cancer                 62               223               808

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

 Years of life spared premature death from cancer                1,131             4,094            14,818

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





[[Page 76076]]









 Number of reported skin burns precluded                             0.5               1.1               2.4

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

Average Annual Amortized Pecuniary Savings in the First 10  ................  ................  ................

 Years After Effective Date of Proposed Rules

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

 Prevention of premature death from cancer ($ millions)             78.61            285.03          1,032.75

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

 Obviation of cancer treatment ($ millions)                          9.71             35.21            127.56

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

 Obviation of radiation burn treatment and loss ($                   0.03              0.07              0.16

 millions)

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

Total ($ millions)                                                  88.35            320.31          1,160.48

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

\1\ PTCA: percutaneous transluminal coronary angioplasty; CA: cardiac catheterization with coronary

  arterlography or angiography; UGI: upper gastrointestinal fluoroscopy





    For the most part, these projections are based on a benefits 

analysis (Ref. 29, available at http://www.fda.gov/cdrh/radhlth/021501_xray.html

) whose domain is intended to be representative but 

not exhaustive of prospective savings. To keep the analysis finite and 

manageable, it is limited to the three proposed amendments (sections 

II.E, II.F, and II.K of this document) that would most reduce radiation 

dose in several of the most common fluoroscopic procedures. The 

procedures considered are those of PTCA, CA, and UGI. There are other 

very highly utilized fluoroscopic procedures, for example, the barium 

enema examination, whose dose savings might be of comparable magnitude 

to those of UGI, that are not included at all in this analysis. The 

three amendments considered would require new fluoroscopic x-ray 

systems to: (1) Display the rate, time and cumulative total of 

radiation emission; (2) collimate the x-ray beam more efficiently; and 

(3) filter out more of the low energy x-ray photons from the x-ray 

beam. Proposed requirements for the source-skin distance for small c-

arm fluoroscopes (section II.J of this document) and for provision of 

the last-image hold feature on all fluoroscopic systems (section II.L 

of this document) will also directly reduce dose, but their dose 

reductions are expected to be much smaller than those associated with 

the preceding proposed changes. The remaining amendments can be 

characterized as clarifications of the applicability of the standard, 

changes in definitions, corrections of errors, and other changes that 

contribute generally to the effectiveness of implementation of the 

standard.

    Most of the assumptions, rationales, and data sources underlying 

the benefit projections are explicitly detailed in Ref. 29 and its 

notes and references. That analysis, however, is incomplete insofar as 

it refers only to a single set of point estimates. In order to develop 

a range of projections with a nominally high level of confidence, 

several additional assumptions are needed. Among the most important of 

the underpinnings of the analysis are: (1) The projected percentage 

dose reductions corresponding to the three amendments considered and 

(2) the dependence on the risk estimates for cancer mortality from the 

U.S. National Research Council Committee on the Biological Effects of 

Ionizing Radiation (BEIR V) (Ref. 22). For the former, FDA assumes a 

relative uncertainty of a factor of 2 (lower or higher) to represent 

the range in projected dose reductions consistent with a range of 

confidence of about 90 percent in the findings and assumptions (Ref. 

29).

    With respect to the dependence on the BEIR V estimates, FDA follows 

two recommendations of the Office of Science and Technology Policy 

(OSTP) Committee on Interagency Radiation Research and Policy 

Coordination (CIRRPC) Science Panel Report No. 9 (Ref. 30) that 

represent the Federal consensus position for radiation risk-benefit 

evaluation: First, we apply a value of 2 as the dose-rate effectiveness 

factor (DREF) in the projections of numbers of solid, non-leukemia 

cancers. Adopting a DREF value of 2 in the analysis nearly halves the 

Ref. 29 modal point projections of the numbers of lives and years of 

life spared premature death from cancer. A DREF value of 2 implies that 

diagnostic or interventional fluoroscopy is a relatively low dose-rate 

modality. There are ambiguous assessments of that proposition: Although 

BEIR V (Ref. 22, pp. 171, 220) considers most medical x-ray exposures 

to correspond to high-dose rates (for which the DREF is assumed to 

equal 1 for solid cancers), ICRP Publication 73 (Ref. 16, p. 6) states 

just as unequivocally that risk factors reduced by a DREF larger than 1 

(i.e., for low dose-rate modalities) ``are appropriate for all 

diagnostic doses and to most of the doses in tissues remote from the 

target tissues in radiotherapy.'' Recognizing these contrary views of 

the detrimental biological effectiveness associated with the rates of 

delivery of fluoroscopic radiation, we assume a factor of 2 uncertainty 

in the DREF to span a 90 percent range of confidence. The second 

recommendation that FDA adopts from CIRPPC Panel Report No. 9 (Ref. 30) 

is the interpretation that a factor of 2 relative uncertainty 

represents the BEIR V Committee's estimation of the 90 percent 

confidence interval for mortality risk estimates (Ref. 22). The latter 

value also agrees with that in the recent review of the United Nations 

Scientific Committee on the Effects of Atomic Radiation in the 

``UNSCEAR 2000 Report'' (Ref. 31).

    All of the contributions of relative uncertainty appropriate for 

the projections of collective dose savings, lives and years of life 

spared premature death associated with radiation-induced cancer, 

numbers of reports of fluoroscopic skin burns precluded, and associated 

pecuniary estimates are summed in quadrature. For the projected 

collective dose savings, the root quadrature sum yields an overall 

relative uncertainty of a factor of 2.3 lower and higher than the modal 

point estimates and corresponding respectively to the 5th and 95th 

percentiles of a nominal distribution of confidence; for the projected 

numbers of lives and years of life spared premature death, the overall 

relative uncertainty is a factor of 3.6 lower and higher.





[[Page 76077]]





I. Costs of Implementing the Proposed Regulations





    Costs to manufacturers of fluoroscopic and radiographic systems 

would increase due to these proposals. FDA would also experience costs 

for increased compliance activities. Some costs represent one-time 

expenditures to develop new designs or manufacturing processes to 

incorporate the regulatory changes. Other costs are the ongoing costs 

of providing improved equipment performance and features with each 

installed unit. FDA developed unit cost estimates for each required 

activity and multiplied the respective unit cost by the relevant 

variables in the affected industry segment. One-time costs are 

amortized over the estimated useful life of a fluoroscopy system (10 

years) using a 7 percent discount rate. This allows costs to be 

analyzed as average annualized costs as well as first year 

expenditures.

    FDA developed these cost estimates based on its experience with the 

industry and its knowledge regarding design and manufacturing practices 

of the industry. Initially, gross, upper-bound estimates were selected 

to ensure that expected costs were adequately addressed. The initial 

assumptions and estimates were posted on FDA's Web site and circulated 

to the affected industry for comment in July 2000. FDA received no 

comments on these initial, upper-bound estimates and therefore believes 

that they were generally in line with industry expectations. Since 

then, in order to refine the estimates to provide a more accurate 

representation of the upper-bound costs of the proposed amendments, FDA 

re-examined its estimating assumptions and reduced some unit cost 

figures based on the expectation that future economies of scale would 

reduce the expense of some required features. This section presents a 

brief discussion of the cost estimates. A detailed description of this 

analysis is given in Ref. 33.

    FDA has no information, indication, or economic presumption that 

costs estimated to be borne by manufacturers would be passed on to 

purchasers. The cost analysis therefore is limited to those parties who 

would be directly affected by the adoption of the proposed amendments, 

namely, manufacturers and FDA itself. FDA requests any information on 

the costs that would be imposed by these new requirements that would 

aid in refining the cost estimates.

1. Costs Associated With Requirements Affecting Equipment Design

    The agency estimates that approximately one-half (20) of the 

manufacturers of x-ray systems will have to make design and 

manufacturing changes to comply with the revised beam quality 

requirements. It is estimated that a total of 200 x-ray models would be 

affected, with a one-time cost of at most $20,000 per model. These 

numbers result in an estimated first year expenditure of $4.0 million 

to redesign systems to meet the new beam quality requirement.

    It will be necessary for manufacturers of fluoroscopic systems 

equipped with x-ray tubes with high heat capacity to redesign some 

systems to provide a means to add additional beam filtration. FDA 

estimates a design cost of $50,000 per model. A total of 100 models are 

likely to be affected for a one-time cost of $5.0 million to 

fluoroscopic system manufacturers. In addition, each system would cost 

more to manufacture because of the increased costs for components to 

provide the added feature. The increased cost of this added feature is 

estimated at $1,000 per fluoroscopic system. A total of 650 

fluoroscopic systems are estimated to be installed annually with high 

heat capacity x-ray tubes, resulting in a total of $0.65 million in 

increased annual costs.

    Modification of x-ray systems to meet the revised requirement for 

field limitation will entail either changes in installation and 

adjustment procedures, or redesign of systems. Each fluoroscopic system 

would need either modification in the adjustment procedure for the 

collimators (for which new installation and adjustment procedures would 

be developed at an estimated one-time cost of $20,000 per model) or 

collimators would need to be redesigned at an estimated cost of $50,000 

per model. FDA has assumed that one-half of all flouroscopic x-ray 

system models (5 models each for 20 manufacturers) would need 

modifications to meet the new requirement, while the remainder would 

either meet the new requirement or could meet it through very minor 

modifications in the collimator adjustment procedure. For those system 

models not meeting the new requirement, it is assumed that a redesign 

of the collimator system is required at a cost of about $50,000 per 

model, leading to an upper-bound estimate of the total redesign cost of 

$5.0 million (20 manufacturers x 5 models x $50,000). All stationary 

fluoroscopic systems would most likely need redesigned collimators that 

would add an additional $2,000 per new system due to increased 

complexity of the collimator. An annual industry cost increase of $5.0 

million accounts for all 2,500 annual installations of systems with 

these more expensive collimators.

    The proposals to modify the requirement limiting the maximum 

entrance AKR and to remove the exception to the limit during recording 

of images in analog format using a video recorder will only affect the 

adjustment of newly installed systems having such recording capability. 

This requirement is not expected to impose significant costs.

    FDA is proposing that all fluoroscopic systems include displays of 

irradiation time, AKR, and cumulative air kerma to assist operators in 

keeping track of patient exposures and avoiding overexposures. Each 

model of fluoroscopic system would need to be redesigned (at a maximum 

estimated cost of $50,000 per model) for a one-time estimated cost of 

$10.0 million (200 models x $50,000). Accessory or add-on equipment for 

existing fluoroscopic systems that provide similar information are 

currently available for an additional cost of over $10,000 per system. 

However, FDA expects the average manufacturing cost of including such a 

feature as an integral feature of a fluoroscopic system to be less than 

$4,000 per system, due to achievable economies of scale and integration 

with other system computer capabilities. This assumption results in 

annual cost increases of $16.8 million (4,200 annual installations x 

$4,000).

    The proposed amendments would require that all newly manufactured 

fluoroscopic systems be provided with LIH capability. FDA expects that 

10 fluoroscopic system manufacturers would need to redesign their 

systems to include this technology at a maximum cost of $100,000 per 

manufacturer. Total one-time design costs would equal $1.0 million for 

the industry (10 manufacturers x $100,000). It is estimated that about 

half of the new systems installed would already be equipped with this 

feature. Thus, about half of the newly installed systems that currently 

do not provide this feature would need it. FDA estimates that the cost 

would be an additional $2,000 for each system required to have this 

feature. Thus, annual costs would increase by $4.2 million (2,100 

annual systems x $2,000).

    The amendment clarifying the requirement for MSSD for small C-arm 

systems is anticipated to require redesign of several of these systems. 

As there are only three manufacturers of these systems, and the 

redesign costs are estimated to be no more than $50,000 per system, the 

total one-time cost for this change would be $0.2 million. The





[[Page 76078]]





average annualized cost of this proposed change would be negligible.

    In summary, total industry costs for compliance with the amendments 

in the area of equipment design include one-time costs of $25.2 

million. This total equals an average annualized cost (7 percent 

discount rate over 10 years) of $3.6 million. In addition, annual 

recurring costs for new equipment features associated with these 

proposed provisions are expected to equal $26.7 million.

2. Costs Associated With Additional Information for Users

    The proposed amendments would require that additional information 

be provided in the user instructions regarding fluoroscopic systems. 

FDA has estimated that each model of fluoroscopic system would need a 

revised and augmented instruction manual at a cost of less than $5,000 

per model. This is equal to a maximum one-time cost of $1.0 million 

(200 models of fluoroscopic systems x $5,000) and implies maximum 

average annualized costs of $0.14 million. In addition, each newly 

installed system would include an improved instruction manual. FDA 

estimates a cost of $20 per manual for printing and distribution of the 

required additional information. Each of the 4,200 installed 

fluoroscopy systems would include a revised manual for an annual cost 

of approximately $0.1 million.

    Related to the requirements for additional information is the 

proposal to change the quantity used to describe the radiation produced 

by the x-ray system. Because the change to use of the quantity air 

kerma does not require any changes or actions on the part of 

manufacturers or users, there is no significant cost associated with 

it.

3. Costs Associated With Clarifications and Adaptations to New 

Technologies

    The new definitions and clarifications of applicability proposed 

for the standard do not pose any significant new or additional costs on 

manufacturers.

4. FDA Costs Associated With Compliance Activities

    FDA costs would increase due to the increased compliance activities 

that would result from these proposed regulations. In addition, FDA 

would experience implementation costs in developing and publicizing the 

new requirements. FDA has estimated that approximately five full-time 

equivalent employees (FTEs) would be required to implement the proposed 

regulations and conduct training of field inspectors. Using the current 

estimate of $117,000 per FTE, the one-time cost of implementation to 

FDA is approximately $0.6 million. Amortizing this cost over a 10-year 

evaluation period using a 7 percent discount rate results in average 

annualized costs of about $0.1 million. Ongoing costs of annual 

compliance activities are expected to require about three FTEs, or a 

little more than $0.3 million per year.

5. Total Costs of the Proposed Regulation

    The estimated costs of the amendments identified as having any 

significant cost impact are summarized in table 7 of this document. The 

costs are identified as non-recurring costs that must be met initially 

or as annual costs associated with continued production of systems 

meeting the proposed requirements or additional annual enforcement of 

the amendments. The total annualized cost of the proposed regulations 

(averaged over 10 years) equals $30.8 million, of which $30.4 million 

would be borne by manufacturers. The annualized estimate of $30.8 

million represents amortization of first year costs of $53.8 million 

and expenditures from years 2 through 10 of $27 million annually.





                                    Table 7.--Summary of Costs of Amendments

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

                           Non-recurring Costs                           Annual Costs to

 Amendment Described in    to Manufacturers ($   Non-recurring Costs    Manufacturers ($     Annual Costs to FDA

         Section                millions)        to FDA ($ millions)        millions)           ($ millions)

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

II.A                            none                     0.0059             none                  none

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

II.B                            none                     0.0324             none                  none

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

II.D                               1.0                none                     0.084                 0.0117

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

II.E                               9.0                   0.0117                0.650              none

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

II.F                               5.0                   0.0468                5.0                none

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

II.G, II.H, and II.I            none                  none                  none                  none

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

II.J                               0.150                 0.0234             none                  none

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

II.K                              10.0                   0.4680               16.8                   0.2340

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

II.L                               1.0                   0.0234                4.2                none

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

Total                             26.150                 0.6026               26.734                 0.2457

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





    Therefore, during the first 10 years after the effective date of 

the proposed amendments, the average annual cost is estimated to be 

$30.8 million, compared to a projected average annual benefits of $320 

million, within a range estimated between $88 million and $1.2 billion.





J. Small Business Impacts





    FDA believes that it is likely that the proposed rule will have a 

significant impact on a substantial number of small entities and has 

conducted an IRFA. This analysis is designed to assess the impact of 

the proposed rule on small entities and alert any impacted entities of 

the expected impact.

1. Description of Impact

    The objective of the proposed regulation is to reduce the 

likelihood of adverse events due to unnecessary exposure to radiation 

during diagnostic x-ray procedures, primarily fluoroscopic procedures. 

The amendments would accomplish this by requiring performance features 

on all fluoroscopic





[[Page 76079]]





x-ray systems that would protect patients and health personnel while 

maintaining image quality.

    Manufacturers of diagnostic x-ray systems, including fluoroscopy 

equipment, are grouped within the North American Industry 

Classification System (NAICS) industry code 334517 (Irradiation 

Apparatus Manufacturers)\1\. The Small Business Administration (SBA) 

classifies as ``small'' any entity with 500 or fewer employees within 

this industry. Relatively small numbers of employees typify firms 

within this NAICS code group. About one-half of the establishments 

within this industry employ fewer than 20 workers, and companies have 

an average of 1.2 establishments per company. The manufacturers are 

relatively specialized, with about 84 percent of company sales coming 

from within the affected industry. In addition, 97 percent of all 

shipments of irradiation equipment originate by manufacturers 

classified within this industry.

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





    \1\NAICS has replaced the Standard Industrial Classification 

(SIC) codes. NAICS Industry Group 334517 (Irradiation Apparatus) 

coincides with SIC Group 3844 (X-Ray Apparatus and Tubing).

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





    The Manufacturing Industry Series report on Irradiation Apparatus 

Manufacturing for NAICS code 334517 from the 1997 Economic Census 

indicates 136 companies having 154 establishments for this industry in 

the United States. This report also indicates that only 15 of these 

establishments have 250 or more employees, with only 5 establishments 

having more than 500 employees. Therefore, this industry sector is 

predominately composed of firms meeting the SBA description of a 

``small entity.'' Of the total value of shipments of $3,797,837,000 for 

this industry, 73 percent are from the 15 establishments with 250 or 

more employees. Thus, for the purposes of the IRFA, most of the 

diagnostic x-ray equipment manufacturing firms that will be affected by 

these proposed amendments are small entities.

    The impact of the proposed amendments will be similar on 

manufacturers of diagnostic x-ray systems, whether or not they are 

small entities. This impact is the increased costs to design and 

manufacture x-ray systems that meet the new requirements. For those 

manufacturers that produce smaller numbers of systems per year, the 

impact of the cost of system redesign to meet the new requirements will 

result in a greater per unit cost impact than for manufacturers with a 

high volume of unit sales over which the development costs may be 

spread. This may have a disproportionate impact on the very small firms 

with a low volume of sales.

    FDA considered whether there were approaches that could be taken to 

mitigate this impact on the firms producing the smaller numbers of 

systems. FDA, however, identified no feasible way to do this and also 

accomplish the needed public health protection. The proposed radiation-

safety-related requirements are appropriate for any x-ray system, 

independent of the circumstances of the manufacturer. FDA considers it 

appropriate for any firm producing x-ray systems to provide the level 

of radiation protection that will be afforded by the revised standard. 

Patients receiving x-ray examinations or procedures warrant the same 

degree of radiation safety regardless of the circumstances of the 

manufacturer of the equipment.

2. Analysis of Alternatives

    FDA examined and rejected several alternatives to proposing 

amendments to the performance standard. One alternative was to take no 

actions to modify the standard. This option was rejected because it 

would not permit clarification of the manner in which the standard 

should be applied to the technological changes occurring with 

fluoroscopic x-ray system design and function. This option was also 

rejected as failing to meet the public expectation that the federal 

performance standard assures adequate radiation safety performance and 

features for fluoroscopic x-ray systems. The changes that have occurred 

since the standard was developed in the early 1970s necessitate 

modification of the standard to reflect current technology and to 

recognize the increased radiation hazards posed by new fluoroscopic 

techniques and procedures.

    A portion of the concern and the unnecessary radiation exposure 

resulting from current fluoroscopic practices might be addressed 

through the establishment of controls and requirements regarding the 

qualifications and training of physicians permitted or allowed to use 

fluoroscopic systems. Such requirements could assure that, contrary to 

the current situation, all physicians using fluoroscopy are adequately 

trained regarding radiation safety practices, proper fluoroscopic 

system use, and methods for assuring that patient doses are maintained 

as low as possible. This alternative was rejected because FDA does not 

have the authority, under current law, to establish such requirements. 

To be effective, such a program would have to be established by States 

or medical professional societies or certification bodies. While 

recognizing that encouragement of such activities by FDA is worthwhile, 

reliance on such efforts alone would not result in the needed 

performance improvement of fluoroscopic x-ray systems. FDA concluded 

that improved use of fluoroscopy requires the dose reduction features 

and operator feedback mechanism regarding patient doses that would be 

provided by the proposed amendments.

    Alternatives to the specific amendments proposed were also 

considered in developing these proposals. These alternatives are 

described in detail in the assessment report developed and filed as 

part of the information supporting these amendments (Ref. 33). FDA 

requests comments on alternatives to these proposed amendments that 

would accomplish the needed public health protection and, in 

particular, any alternatives that could mitigate the impact of the 

proposed amendments on small businesses.

3. Ensuring Small Entity Participation in Rulemaking

    FDA believes it is possible that the proposed regulation could have 

a significant impact on small entities. The impact would occur due to 

increased design and production costs for fluoroscopy systems. FDA 

solicits comment on the nature of this impact and whether there are 

reasonable alternatives that might accomplish the intended public 

health goals.

    The proposed regulation will be available on the Internet at http://www.fda.gov

 for review by all interested parties, and all comments 

will be considered prior to final implementation of the regulation. In 

addition, FDA will communicate the proposed regulation to manufacturer 

organizations and trade associations as well as parties that have 

previously indicated an interest in amendments to the diagnostic x-ray 

equipment performance standard. The proposed amendments will also be 

brought to the attention of relevant medical professional societies and 

organizations whose members are likely to use fluoroscopic x-ray 

systems. FDA will solicit the assistance of the SBA during the comment 

period to assure that all small manufacturers impacted by the proposed 

amendments are aware of the opportunity to comment on the proposal, 

possible alternatives and its impact.





[[Page 76080]]





K. Reporting Requirements and Duplicate Rules





    FDA has concluded that the proposed rule imposes new reporting and 

other compliance requirements on small businesses. In addition, FDA has 

identified no relevant Federal rules that may duplicate, overlap, or 

conflict with the proposed rule. The cost in the labeling is addressed 

previously.





L. Conclusion of the Analysis of Impacts





    FDA has examined the impacts of the proposed amendments to the 

performance standard. Based on this evaluation, an upper-bound estimate 

has been made for average annualized costs amounting to $30.8 million, 

of which $30.4 million would be borne by the manufacturers of this 

equipment. FDA believes that the reductions in acute and long-term 

radiation injuries to patients that would be facilitated by the 

proposed amendments would appreciably outweigh the upper-bound costs 

estimated for compliance with the rules. Finally, FDA has concluded 

that it is likely that this proposal would have a significant impact on 

a substantial number of small entities.

    FDA solicits comment on all aspects of this analysis and all 

assumptions used.





VII. Federalism





    FDA has analyzed this proposed rule in accordance with the 

principles set forth in Executive Order 13132. FDA has determined that 

the proposed rule does not contain policies that have substantial 

direct effect on the States, on the relationship between the National 

Government and the States, or on the distribution of power and 

responsibilities among the various levels of government. Accordingly, 

the agency has concluded that the rule does not contain policies that 

have federalism implications as defined in the Executive order and, 

consequently, a federalism summary impact statement is not required.





VIII. Submission of Comments





    Interested persons may submit to the Dockets Management Branch (see 

ADDRESSES) written or electronic comments regarding this proposal. Two 

copies of any mailed comments are to be submitted, except that 

individuals may submit one copy. Comments are to be identified with the 

docket number found in brackets in the heading of this document. 

Received comments may be seen in the Dockets Management Branch between 

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





IX. References





    The following references have been placed on display in the Dockets 

Management Branch (see ADDRESSES) and may be seen by interested persons 

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

    1. Allisy, A. et al., ``Fundamental Quantities and Units for 

Ionizing Radiation,'' ICRU Report No. 60, International Commission 

on Radiation Units and Measurements, Bethesda, MD, December 1998.

    2. FDA Guidance Document, ``Guidance for the Submission of 

510(k)s for Solid State X-Ray Imaging Devices,'' Food and Drug 

Administration, August 6, 1999.

    3. National Council on Radiation Protection and Measurements, 

``Medical X-Ray and Gamma-Ray Protection for Energies Up to 10 MeV, 

Equipment Design and Use,'' NCRP Report No. 33, Bethesda, MD, 

February 1, 1968.

    4. International Standard, International Electrotechnical 

Commission (IEC) 601-1-3, ``Medical Electrical Equipment--Part 1: 

General Requirements for Safety. 3. Collateral Standard: General 

Requirements for Radiation Protection in Diagnostic X-Ray 

Equipment,'' 1994.

    5. Cranley, K., B. J. Gilmore, and G. W. A. Fogarty, ``Data for 

Estimating X-Ray Tube Total Filtration,'' Institute of Physical 

Sciences in Medicine, Report No. 64, Institute of Physical Sciences 

in Medicine, York, England, 1991.

    6. Shope, T. B., ``Radiation-Induced Skin Injuries From 

Fluoroscopy,'' RadioGraphics, vol. 16, pp. 1195-1199, September 

1996.

    7. Gagne, R. M., P. W. Quinn, and R. J. Jennings, ``Comparison 

of Beam-Hardening and K-Edge Filters for Imaging Barium and Iodine 

During Fluoroscopy,'' Medical Physics, vol. 21, pp. 107-121, 1994.

    8. Proceedings of the ACR/FDA Workshop on Fluoroscopy, 

``Strategies for Improvement in Performance, Radiation Safety and 

Control,'' Dulles Hyatt Hotel, Washington, DC, October 16 and 17, 

1992, American College of Radiology, Merrifield, VA, 1993.

    9. Stern, S. H. et al., ``Handbook of Selected Tissue Doses for 

Fluoroscopic and Cineangiographic Examination of the Coronary 

Arteries,'' HHS Publication FDA 95-8288, U.S. Department of Health 

and Human Services, Public Health Service, Food and Drug 

Administration, Center for Devices and Radiological Health, 

Rockville, MD, 1995.

    10. Rudin, S. and D. R. Bednarek, ``Spatial Shaping of the Beam: 

Collimation, Grids, Equalization Filters, and Region-of-Interest 

Fluoroscopy,'' A Categorical Course in Physics, Physical and 

Technical Aspects of Angiography and Interventional Radiology 

(syllabus). Eds. S. Balter and T. B. Shope, presented at the 81st 

Scientific Assembly and Annual Meeting of the Radiological Society 

of North America, Chicago, IL, November 1995.

    11. Solomon, E. et al., ``Low-Exposure Scanning-Beam X-Ray 

Fluoroscopy System,'' SPIE, vol. 2708, pp. 140-149, 1996.

    12. National Council on Radiation Protection and Measurements, 

``Quality Assurance for Diagnostic Imaging Equipment,'' NCRP Report 

No. 99, Bethesda, MD, December 30, 1988.

    13. National Council on Radiation Protection and Measurements, 

``Medical X-Ray, Electron Beam and Gamma-Ray Protection for Energies 

up to 50 MeV,'' NCRP Report No. 102, Bethesda, MD, June 30, 1989.

    14. Beninson, D. et al., ``1990 Recommendations of the 

International Commission on Radiological Protection,'' Annals of the 

ICRP, ICRP Publication 60, vol. 21, Nos. 1-3, Pergamon Press, 

Oxford, UK, 1991.

    15. Thornbury, J. R. et al., ``An Introduction to Efficacy in 

Diagnostic Radiology and Nuclear Medicine (Justification of Medical 

Radiation Exposure),'' NCRP Commentary No. 13, National Council on 

Radiation Protection and Measurement, Bethesda, MD, August 1995.

    16. Zuur, C. and F. Mettler, ``Radiological Protection and 

Safety in Medicine,'' Annals of the ICRP, ICRP Publication 73, vol. 

26, No. 2, Pergamon Press, Oxford, UK, 1996.

    17. ``Council Directive 97/43/Euratom of 30 June 1997 on Health 

Protection of Individuals Against the Dangers of Ionizing Radiation 

in Relation to Medical Exposure, and Repealing Directive 84/466/

Euratom,'' Official Journal of the European Communities, No. L 180, 

pp. 22-27, July 9, 1997.

    18. Food and Drug Administration, ``Avoidance of Serious X-Ray-

Induced Skin Injuries to Patients During Fluoroscopically-Guided 

Procedures,'' Food and Drug Administration Important Information for 

Physicians and Other Health Care Professionals, September 9, 1994.

    19. Food and Drug Administration, ``Avoidance of Serious X-Ray-

Induced Skin Injuries to Patients During Fluoroscopically-Guided 

Procedures,'' FDA Public Health Advisory, September 30, 1994.

    20. Food and Drug Administration, ``Recording Information in the 

Patient's Medical Record That Identifies the Potential for Serious 

X-Ray-Induced Skin Injuries Following Fluoroscopically-Guided 

Procedures,'' Food and Drug Administration Important Information for 

Physicians and Other Health Care Professionals, September 15, 1995.

    21. Rosenstein, M. et al., ``Handbook of Selected Tissue Doses 

for the Upper Gastrointestinal Fluoroscopic Examination,'' U.S. 

Department of Health and Human Services, Public Health Service, Food 

and Drug Administration, Center for Devices and Radiological Health, 

FDA Publication 92-8282, Rockville, MD, 1992.

    22. Upton, A. C. et al., ``Health Effects of Exposure to Low 

Levels of Ionizing Radiation: BEIR V,'' Committee on the Biological 

Effects of Ionizing Radiations, Board on Radiation Effects Research, 

Commission on Life Sciences, National Research Council, National 

Academy of Science, National Academy Press, Washington, DC, 1990.

    23. B[auml]uml, A. et al., Eds., Proceedings of the ``Joint WHO/

ISH Workshop on Efficacy and Radiation Safety Interventional 

Radiology,'' Munich-Neuherberg, Germany, October 9 to 13, 1995, BfS-

ISH Report 178/





[[Page 76081]]





97, Bundesamt f[uuml]r Strahlenschutz, Fachbereich Strahlenhygiene, 

Institut f[uuml]r Strahlenhygiene, Neuherberg, Germany, 1997.

    24. International Standard, International Electrotechnical 

Commission (IEC) 60601-2-43, ``Medical Electrical Equipment-Part 2-

43: Particular Requirements for the Safety of X-Ray Equipment for 

Interventional Procedures,'' edition 1, 2000.

    25. Gkanatsios, N. A. et al., ``Evaluation of an On-Line Patient 

Exposure Meter in Neuroradiology,'' Radiology, vol. 203, pp. 837-

842, 1997.

    26. Geise, R. A. et al., ``Radiation Doses During Pediatric 

Radiofrequency Catheter Ablation Procedures,'' PACE, Part 1, vol. 

19, pp. 1605-1611, 1996.

    27. Transcript of Proceedings, Twenty-fifth Meeting of the 

Technical Electronic Product Radiation Safety Standards Committee, 

vol. 1, pp. 118-121, Gaithersburg, MD, September, 1998.

    28. Suleiman, O. H. et al., ``Nationwide Survey of Fluoroscopy: 

Radiation Dose and Image Quality,'' Radiology, vol. 203, pp. 471-

476, 1997.

    29. Stern, S. H. et al., ``Estimated Benefits of Proposed 

Amendments to the FDA Radiation-Safety Standard for Diagnostic X-ray 

Equipment,'' Poster presented at the 2001 FDA Science Forum, 

Washington, DC, February 15-16, 2001. Also available at http://www.fda.gov/cdrh/radhlth/021501

 xray.html.

    30. Rosenstein, M. et al., Committee on Interagency Radiation 

Research and Policy Coordination Science Panel Report No. 9, ``Use 

of BIER V and UNSCEAR 1988 in Radiation Risk Assessment, Lifetime 

Total Cancer Mortality Risk Estimates at Low Doses and Low Dose 

Rates for Low-LET Radiation,'' (ORAU 92/F-64), OSTP, EOP, 

Washington, DC, December 1992.

    31. ``Sources and Effects of Ionizing Radiation,'' United 

Nations Scientific Committee on the Effects of Atomic Radiation, 

UNSCEAR 2000 Report to the General Assembly, with Scientific 

Annexes, New York: United Nations, 2000.

    32. National Council on Radiation Protection and Measurements, 

``Evaluation of the Linear-Nonthreshold Dose-Response Model for 

Ionizing Radiation,'' NCRP Report 136, Bethesda, MD, June 2001.

    33. ``Assessment of the Impact of the Proposed Amendments to the 

Performance Standard for Diagnostic X-Ray Equipment Addressing 

Fluoroscopic X-ray Systems,'' Food and Drug Administration, pp. 1-

28, November 15, 2000. Also available at http://www.fda.gov/cdrh/radhealth/fluoro/amendxrad.html







List of Subjects in 21 CFR Part 1020





    Electronic products, Medical devices, Radiation protection, 

Reporting and recordkeeping requirements, Television, X-rays.





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

under authority delegated to the Commissioner of Food and Drugs, it is 

proposed that 21 CFR part 1020 be amended as follows:





PART 1020--PERFORMANCE STANDARDS FOR IONIZING RADIATION EMITTING 

PRODUCTS





    1. The authority citation for 21 CFR part 1020 continues to read as 

follows:





    Authority: 21 U.S.C. 351, 352, 360e-360j, 360gg-360ss, 371, 381.





    2. Revise Sec. 1020.30 to read as follows:









Sec.  1020.30  Diagnostic x-ray systems and their major components.





    (a) Applicability--(1) The provisions of this section are 

applicable to:

    (i) The following components of diagnostic x-ray systems:

    (A) Tube housing assemblies, x-ray controls, x-ray high-voltage 

generators, x-ray tables, cradles, film changers, vertical cassette 

holders mounted in a fixed location and cassette holders with front 

panels, and beam-limiting devices manufactured after August 1, 1974.

    (B) Fluoroscopic imaging assemblies manufactured after August 1, 

1974, and before April 26, 1977.

    (C) Spot-film devices and image intensifiers manufactured after 

April 26, 1977.

    (D) Cephalometric devices manufactured after February 25, 1978.

    (E) Image receptor support devices for mammographic x-ray systems 

manufactured after September 5, 1978.

    (F) Image receptors which are electrically powered or connected 

with the x-ray system manufactured on or after [date 1 year after date 

of publication of the final rule in the Federal Register].

    (ii) Diagnostic x-ray systems, except computed tomography x-ray 

systems, incorporating one or more of such components; however, such x-

ray systems shall be required to comply only with those provisions of 

this section and Sec. Sec.  1020.31 and 1020.32, which relate to the 

components certified in accordance with paragraph (c) of this section 

and installed into the systems.

    (iii) Computed tomography (CT) x-ray systems manufactured before 

November 29, 1984.

    (iv) CT gantries manufactured after September 3, 1985.

    (2) The following provisions of this section and Sec.  1020.33 are 

applicable to CT x-ray systems manufactured or remanufactured on or 

after November 29, 1984:

    (i) Section 1020.30(a);

    (ii) Section 1020.30(b) ``Technique factors'';

    (iii) Section 1020.30(b) ``CT,'' ``Dose,'' ``Scan,'' ``Scan time,'' 

and ``Tomogram'';

    (iv) Section 1020.30(h)(3)(vi) through (h)(3)(viii);

    (v) Section 1020.30(n);

    (vi) Section 1020.33(a) and (b);

    (vii) Section 1020.33(c)(1) as it affects Sec.  1020.33(c)(2); and

    (viii) Section 1020.33(c)(2).

    (3) The provisions of this section and Sec.  1020.33 in its 

entirety, including those provisions in paragraph (a)(2) of this 

section, are applicable to CT x-ray systems manufactured or 

remanufactured on or after September 3, 1985. The date of manufacture 

of the CT system is the date of manufacture of the CT gantry.

    (b) Definitions. As used in this section and Sec. Sec. 1020.31, 

1020.32, and 1020.33, the following definitions apply:

    Accessible surface means the external surface of the enclosure or 

housing provided by the manufacturer.

    Accessory component means:

    (1) A component used with diagnostic x-ray systems, such as a 

cradle or film changer, that is not necessary for the compliance of the 

system with applicable provisions of this subchapter but which requires 

an initial determination of compatibility with the system; or

    (2) A component necessary for compliance of the system with 

applicable provisions of this subchapter but which may be interchanged 

with similar compatible components without affecting the system's 

compliance, such as one of a set of interchangeable beam-limiting 

devices; or

    (3) A component compatible with all x-ray systems with which it may 

be used and that does not require compatibility or installation 

instructions, such as a tabletop cassette holder.

    Air kerma means kerma in air (see kerma).

    Aluminum equivalent means the thickness of aluminum (type 1100 

alloy)\1\ affording the same attenuation, under specified conditions as 

the material in question.

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





    \1\The nominal chemical composition of type 1100 aluminum alloy 

is 99.00 percent minimum aluminum, 0.12 percent copper, as given in 

``Aluminum Standards and Data'' (1969). Copies may be obtained from 

The Aluminum Association, New York, NY.

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





    Articulated joint means a joint between two separate sections of a 

tabletop which joint provides the capacity for one of the sections to 

pivot on the line segment along which the sections join.

    Assembler means any person engaged in the business of assembling, 

replacing, or installing one or more components into a diagnostic x-ray 

system or subsystem. The term includes the owner of an x-ray system or 

his or her employee or agent who assembles components into an x-ray 

system that is





[[Page 76082]]





subsequently used to provide professional or commercial services.

    Attenuation block means a block or stack of type 1100 aluminum 

alloy or aluminum alloy having equivalent attenuation with dimensions 

20 centimeters by 20 centimeters by 3.8 centimeters.

    Automatic exposure control (AEC) means a device which automatically 

controls one or more technique factors in order to obtain at a 

preselected location(s) a required quantity of radiation.

    Automatic exposure rate control (AERC) means a device which 

automatically controls one or more technique factors in order to obtain 

at a preselected location(s) a required quantity of radiation per unit 

time.

    Beam axis means a line from the source through the centers of the 

x-ray fields.

    Beam-limiting device means a device which provides a means to 

restrict the dimensions of the x-ray field.

    Cantilevered tabletop means a tabletop designed such that the 

unsupported portion can be extended at least 100 centimeters beyond the 

support.

    Cassette holder means a device, other than a spot-film device, that 

supports and/or fixes the position of an x-ray film cassette during an 

x-ray exposure.

    Cephalometric device means a device intended for the radiographic 

visualization and measurement of the dimensions of the human head.

    Coefficient of variation means the ratio of the standard deviation 

to the mean value of a population of observations. It is estimated 

using the following equation:

[GRAPHIC] [TIFF OMITTED] TP10DE02.059





    where:

    s = Estimated standard deviation of the population.

    X = Mean value of observations in sample.

    Xi = ith observation sampled.

    n = Number of observations sampled.

    Computed tomography (CT) means the production of a tomogram by the 

acquisition and computer processing of x-ray transmission data.

    Control panel means that part of the x-ray control upon which are 

mounted the switches, knobs, pushbuttons, and other hardware necessary 

for manually setting the technique factors.

    Cooling curve means the graphical relationship between heat units 

stored and cooling time.

    Cradle means:

    (1) A removable device which supports and may restrain a patient 

above an x-ray table; or

    (2) A device;

    (i) Whose patient support structure is interposed between the 

patient and the image receptor during normal use;

    (ii) Which is equipped with means for patient restraint; and

    (iii) Which is capable of rotation about its long (longitudinal) 

axis.

    CT gantry means tube housing assemblies, beam-limiting devices, 

detectors, and the supporting structures, frames, and covers which hold 

and/or enclose these components.

    Diagnostic source assembly means the tube housing assembly with a 

beam-limiting device attached.

    Diagnostic x-ray system means an x-ray system designed for 

irradiation of any part of the human body for the purpose of diagnosis 

or visualization.

    Dose means the absorbed dose as defined by the International 

Commission on Radiation Units and Measurements. The absorbed dose, D, 

is the quotient of d[egr] by dm, where d[egr] is the mean energy 

imparted to matter of mass dm; thus D=d[egr]/dm, in units of J/kg, 

where the special name for the unit of absorbed dose is gray (Gy).

    Equipment means x-ray equipment.

    Exposure (X) means the quotient of dQ by dm where dQ is the 

absolute value of the total charge of the ions of one sign produced in 

air when all the electrons and positrons liberated or created by 

photons in air of mass dm are completely stopped in air; thus X=dQ/dm, 

in units of C/kg.

    Field emission equipment means equipment which uses an x-ray tube 

in which electron emission from the cathode is due solely to action of 

an electric field.

    Fluoroscopic imaging assembly means a subsystem in which x-ray 

photons produce a set of fluoroscopic images or radiographic images 

recorded from the fluoroscopic image receptor. It includes the image 

receptor(s), electrical interlocks, if any, and structural material 

providing linkage between the image receptor and diagnostic source 

assembly.

    Fluoroscopy means a technique for generating x-ray images and 

presenting them instantaneously and continuously as visible images for 

the purpose of providing the user with a visual display of dynamic 

processes.

    General purpose radiographic x-ray system means any radiographic x-

ray system which, by design, is not limited to radiographic examination 

of specific anatomical regions.

    Half-value layer (HVL) means the thickness of specified material 

which attenuates the beam of radiation to an extent such that the AKR 

is reduced to one-half of its original value. In this definition the 

contribution of all scattered radiation, other than any which might be 

present initially in the beam concerned, is deemed to be excluded.

    Image intensifier means a device, installed in its housing, which 

instantaneously converts an x-ray pattern into a corresponding light 

image of higher energy density.

    Image receptor means any device, such as a fluorescent screen, 

radiographic film, x-ray image intensifier tube, solid-state detector, 

or gaseous detector, which transforms incident x-ray photons either 

into a visible image or into another form which can be made into a 

visible image by further transformations. In those cases where means 

are provided to preselect a portion of the image receptor, the term 

``image receptor'' shall mean the preselected portion of the device.

    Image receptor support device means, for mammography x-ray systems, 

that part of the system designed to support the image receptor during a 

mammographic examination and to provide a primary protective barrier.

    Isocenter means the center of the smallest sphere through which the 

beam axis passes for a C-arm gantry moving through a full range of 

rotations about a common center.

    Kerma means the quantity as defined by the International Commission 

on Radiation Units and Measurements. The kerma, K, is the quotient of 

dEtr by dm, where dEtr is the sum of the initial 

kinetic energies of all the charged particles liberated by uncharged 

particles in a mass dm of material; thus K=dEtr/dm, in units 

of J/kg, where the special name for the unit of kerma is gray (Gy). 

When the material is air, the quantity is referred to as ``air kerma.''

    Last-image hold (LIH) radiograph means an image obtained either by 

retaining one or more fluoroscopic images, which may be temporally 

integrated, at the end of a fluoroscopic exposure or by initiating a 

separate and distinct radiographic exposure automatically and 

immediately in conjunction with termination of the fluoroscopic 

exposure.

    Lateral fluoroscope means the x-ray tube and image receptor 

combination in a biplane system dedicated to the lateral projection. It 

consists of the lateral x-ray tube housing assembly and the lateral 

image receptor that are fixed in position relative to the table with 

the x-ray beam axis parallel to the plane of the table.





[[Page 76083]]





    Leakage radiation means radiation emanating from the diagnostic 

source assembly except for:

    (1) The useful beam; and

    (2) Radiation produced when the exposure switch or timer is not 

activated.

    Leakage technique factors means the technique factors associated 

with the diagnostic source assembly which are used in measuring leakage 

radiation. They are defined as follows:

    (1) For diagnostic source assemblies intended for capacitor energy 

storage equipment, the maximum-rated peak tube potential and the 

maximum-rated number of exposures in an hour for operation at the 

maximum-rated peak tube potential with the quantity of charge per 

exposure being 10 millicoulombs (or 10 mAs) or the minimum obtainable 

from the unit, whichever is larger;

    (2) For diagnostic source assemblies intended for field emission 

equipment rated for pulsed operation, the maximum-rated peak tube 

potential and the maximum-rated number of x-ray pulses in an hour for 

operation at the maximum-rated peak tube potential; and

    (3) For all other diagnostic source assemblies, the maximum-rated 

peak tube potential and the maximum-rated continuous tube current for 

the maximum-rated peak tube potential.

    Light field means that area of the intersection of the light beam 

from the beam-limiting device and one of the set of planes parallel to 

and including the plane of the image receptor, whose perimeter is the 

locus of points at which the illuminance is one-fourth of the maximum 

in the intersection.

    Line-voltage regulation means the difference between the no-load 

and the load line potentials expressed as a percent of the load line 

potential; that is,

Percent line-voltage regulation = 100(Vn - Vi) /

Vi

where:

Vn = No-load line potential and

Vi = Load line potential.

    Maximum line current means the root mean square current in the 

supply line of an x-ray machine operating at its maximum rating.

    Mode of operation means, for fluoroscopic systems, a distinct 

method of fluoroscopy or radiography selected with a set of technique 

factors or other control settings uniquely associated with the mode. 

Examples of distinct modes of operation include normal fluoroscopy 

(analog or digital), high-level control fluoroscopy, cineradiography 

(analog), digital cineradiography, digital subtraction angiography, 

electronic radiography using the fluoroscopic image receptor, and 

photospot recording. In a specific mode of operation, certain system 

variables affecting air kerma, AKR, or image quality, such as image 

magnification, x-ray field size, pulse rate, pulse duration, number of 

pulses per exposure series, SID, or optical aperture, may be adjustable 

or may vary; their variation per se does not comprise a mode of 

operation different from the one that has been selected.

    Movable tabletop means a tabletop which, when assembled for use, is 

capable of movement with respect to its supporting structure within the 

plane of the tabletop.

    Nonimage-intensified fluoroscopy means fluoroscopy using only a 

fluorescent screen.

    Peak tube potential means the maximum value of the potential 

difference across the x-ray tube during an exposure.

    Primary protective barrier means the material, excluding filters, 

placed in the useful beam to reduce the radiation exposure for 

protection purposes.

    Pulsed mode means 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.

    Quick change x-ray tube means an x-ray tube designed for use in its 

associated tube housing such that:

    (1) The tube cannot be inserted in its housing in a manner that 

would result in noncompliance of the system with the requirements of 

paragraphs (k) and (m) of this section;

    (2) The focal spot position will not cause noncompliance with the 

provisions of this section or Sec.  1020.31 or Sec.  1020.32;

    (3) The shielding within the tube housing cannot be displaced; and

    (4) Any removal and subsequent replacement of a beam-limiting 

device during reloading of the tube in the tube housing will not result 

in noncompliance of the x-ray system with the applicable field 

limitation and alignment requirements of Sec. Sec. 1020.31 and 1020.32.

    Radiation therapy simulation system means a radiographic or 

fluoroscopic x-ray system intended for localizing the volume to be 

exposed during radiation therapy and confirming the position and size 

of the therapeutic irradiation field.

    Radiography means a technique for generating and recording an x-ray 

pattern for the purpose of providing the user with an image(s) after 

termination of the exposure.

    Rated line voltage means the range of potentials, in volts, of the 

supply line specified by the manufacturer at which the x-ray machine is 

designed to operate.

    Rated output current means the maximum allowable load current of 

the x-ray high-voltage generator.

    Rated output voltage means the allowable peak potential, in volts, 

at the output terminals of the x-ray high-voltage generator.

    Rating means the operating limits specified by the manufacturer.

    Recording means producing a retrievable form of an image resulting 

from x-ray photons.

    Scan means the complete process of collecting x-ray transmission 

data for the production of a tomogram. Data may be collected 

simultaneously during a single scan for the production of one or more 

tomograms.

    Scan time means the period of time between the beginning and end of 

x-ray transmission data accumulation for a single scan.

    Solid state x-ray imaging device means an assembly, typically in a 

rectangular panel configuration, consisting of:

    (1) A transducer layer that intercepts x-ray photons and through a 

single or multistage process converts the photon energy into a 

modulated signal representative of the x-ray image, and

    (2) A matrix of integration and switching elements that are coupled 

to the transducer layer. An electrical signal representing the x-ray 

image is generated by a charge generation and transfer process within 

the integration and switching matrix. The electrical signals may 

undergo analog-to-digital conversion before leaving the panel to 

provide either a digital radiographic or fluoroscopic image.

    Source means the focal spot of the x-ray tube.

    Source-image receptor distance (SID) means the distance from the 

source to the center of the input surface of the image receptor.

    Source-skin distance (SSD) means the distance from the source to 

the center of the entrant x-ray field in the plane tangent to the 

patient skin surface.

    Spot-film device means a device intended to transport and/or 

position a radiographic image receptor between the x-ray source and 

fluoroscopic image receptor. It includes a device intended to hold a 

cassette over the input end of the fluoroscopic image receptor for the 

purpose of producing a radiograph.

    Stationary tabletop means a tabletop which, when assembled for use, 

is incapable of movement with respect to





[[Page 76084]]





its supporting structure within the plane of the tabletop.

    Technique factors means the following conditions of operation:

    (1) For capacitor energy storage equipment, peak tube potential in 

kilovolts (kV) and quantity of charge in milliamperes-seconds (mAs);

    (2) For field emission equipment rated for pulsed operation, peak 

tube potential in kV and number of x-ray pulses;

    (3) For CT equipment designed for pulsed operation, peak tube 

potential in kV, scan time in seconds, and either tube current in 

milliamperes (mA), x-ray pulse width in seconds, and the number of x-

ray pulses per scan, or the product of the tube current, x-ray pulse 

width, and the number of x-ray pulses in mAs;

    (4) For CT equipment not designed for pulsed operation, peak tube 

potential in kV, and either tube current in mA and scan time in 

seconds, or the product of tube current and exposure time in mAs and 

the scan time when the scan time and exposure time are equivalent; and

    (5) For all other equipment, peak tube potential in kV, and either 

tube current in mA and exposure time in seconds, or the product of tube 

current and exposure time in mAs.

    Tomogram means the depiction of the x-ray attenuation properties of 

a section through a body.

    Tube means an x-ray tube, unless otherwise specified.

    Tube housing assembly means the tube housing with tube installed. 

It includes high-voltage and/or filament transformers and other 

appropriate elements when they are contained within the tube housing.

    Tube rating chart means the set of curves which specify the rated 

limits of operation of the tube in terms of the technique factors.

    Useful beam means the radiation which passes through the tube 

housing port and the aperture of the beam-limiting device when the 

exposure switch or timer is activated.

    Variable-aperture beam-limiting device means a beam-limiting device 

which has the capacity for stepless adjustment of the x-ray field size 

at a given SID.

    Visible area means the portion of the input surface of the image 

receptor over which incident x-ray photons are producing a visible 

image.

    X-ray control means a device which controls input power to the x-

ray high-voltage generator and/or the x-ray tube. It includes equipment 

such as timers, phototimers, automatic brightness stabilizers, and 

similar devices, which control the technique factors of an x-ray 

exposure.

    X-ray equipment means an x-ray system, subsystem, or component 

thereof. Types of x-ray equipment are as follows:

    (1) Mobile x-ray equipment means x-ray equipment mounted on a 

permanent base with wheels and/or casters for moving while completely 

assembled;

    (2) Portable x-ray equipment means x-ray equipment designed to be 

hand-carried; and

    (3) Stationary x-ray equipment means x-ray equipment which is 

installed in a fixed location.

    X-ray field means that area of the intersection of the useful beam 

and any one of the set of planes parallel to and including the plane of 

the image receptor, whose perimeter is the locus of points at which the 

AKR is one-fourth of the maximum in the intersection.

    X-ray high-voltage generator means a device which transforms 

electrical energy from the potential supplied by the x-ray control to 

the tube operating potential. The device may also include means for 

transforming alternating current to direct current, filament 

transformers for the x-ray tube(s), high-voltage switches, electrical 

protective devices, and other appropriate elements.

    X-ray system means an assemblage of components for the controlled 

production of x-rays. It includes minimally an x-ray high-voltage 

generator, an x-ray control, a tube housing assembly, a beam-limiting 

device, and the necessary supporting structures. Additional components 

which function with the system are considered integral parts of the 

system.

    X-ray subsystem means any combination of two or more components of 

an x-ray system for which there are requirements specified in this 

section and Sec. Sec.  1020.31 and 1020.32.

    X-ray table means a patient support device with its patient support 

structure (tabletop) interposed between the patient and the image 

receptor during radiography and/or fluoroscopy. This includes, but is 

not limited to, any stretcher equipped with a radiolucent panel and any 

table equipped with a cassette tray (or bucky), cassette tunnel, 

fluoroscopic image receptor, or spot-film device beneath the tabletop.

    X-ray tube means any electron tube which is designed for the 

conversion of electrical energy into x-ray energy.

    (c) Manufacturers' responsibility. Manufacturers of products 

subject to Sec. Sec.  1020.30 through 1020.33 shall certify that each 

of their products meet all applicable requirements when installed into 

a diagnostic x-ray system according to instructions. This certification 

shall be made under the format specified in Sec.  1010.2 of this 

chapter. Manufacturers may certify a combination of two or more 

components if they obtain prior authorization in writing from the 

Director of the Office of Compliance of the Center for Devices and 

Radiological Health. Manufacturers shall not be held responsible for 

noncompliance of their products if that noncompliance is due solely to 

the improper installation or assembly of that product by another 

person; however, manufacturers are responsible for providing assembly 

instructions adequate to assure compliance of their components with the 

applicable provisions of Sec. Sec.  1020.30 through 1020.33.

    (d) Assemblers' responsibility. An assembler who installs one or 

more components certified as required by paragraph (c) of this section 

shall install certified components that are of the type required by 

Sec.  1020.31, Sec.  1020.32, or Sec.  1020.33 and shall assemble, 

install, adjust, and test the certified components according to the 

instructions of their respective manufacturers. Assemblers shall not be 

liable for noncompliance of a certified component if the assembly of 

that component was according to the component manufacturer's 

instruction.

    (1) Reports of assembly. All assemblers who install certified 

components shall file a report of assembly, except as specified in 

paragraph (d)(2) of this section. The report will be construed as the 

assembler's certification and identification under Sec. Sec.  1010.2 

and 1010.3 of this chapter. The assembler shall affirm in the report 

that the manufacturer's instructions were followed in the assembly or 

that the certified components as assembled into the system meet all 

applicable requirements of Sec. Sec.  1020.30 through 1020.33. All 

assembler reports must be on a form prescribed by the Director, Center 

for Devices and Radiological Health. Completed reports must be 

submitted to the Director, the purchaser, and, where applicable, to the 

State agency responsible for radiation protection within 15 days 

following completion of the assembly.

    (2) Exceptions to reporting requirements. Reports of assembly need 

not be submitted for any of the following:

    (i) Reloaded or replacement tube housing assemblies that are 

reinstalled in or newly assembled into an existing x-ray system;

    (ii) Certified accessory components that have been identified as 

such to the Center for Devices and Radiological Health in the report 

required under Sec.  1002.10 of this chapter;

    (iii) Repaired components, whether or not removed from the system 

and





[[Page 76085]]





reinstalled during the course of repair, provided the original 

installation into the system was reported; or

    (iv)(A) Components installed temporarily in an x-ray system in 

place of components removed temporarily for repair, provided the 

temporarily installed component is identified by a tag or label bearing 

the following information:

    Temporarily Installed Component

    This certified component has been assembled, installed, 

adjusted, and tested by me according to the instructions provided by 

the manufacturer.

    Signature

    Company Name

    Street Address, P.O. Box

    City, State, Zip Code

    Date of Installation

    (B) The replacement of the temporarily installed component by a 

component other than the component originally removed for repair shall 

be reported as specified in paragraph (d)(1) of this section.

    (e) Identification of x-ray components. In addition to the 

identification requirements specified in Sec.  1010.3 of this chapter, 

manufacturers of components subject to this section and Sec. Sec.  

1020.31, 1020.32, and 1020.33, except high-voltage generators contained 

within tube housings and beam-limiting devices that are integral parts 

of tube housings, shall permanently inscribe or affix thereon the model 

number and serial number of the product so that they are legible and 

accessible to view. The word ``model'' or ``type'' shall appear as part 

of the manufacturer's required identification of certified x-ray 

components. Where the certification of a system or subsystem, 

consisting of two or more components, has been authorized under 

paragraph (c) of this section, a single inscription, tag, or label 

bearing the model number and serial number may be used to identify the 

product.

    (1) Tube housing assemblies. In a similar manner, manufacturers of 

tube housing assemblies shall also inscribe or affix thereon the name 

of the manufacturer, model number, and serial number of the x-ray tube 

which the tube housing assembly incorporates.

    (2) Replacement of tubes. Except as specified in paragraph (e)(3) 

of this section, the replacement of an x-ray tube in a previously 

manufactured tube housing assembly certified under paragraph (c) of 

this section constitutes manufacture of a new tube housing assembly, 

and the manufacturer is subject to the provisions of paragraph (e)(1) 

of this section. The manufacturer shall remove, cover, or deface any 

previously affixed inscriptions, tags, or labels, that are no longer 

applicable.

    (3) Quick-change x-ray tubes. The requirements of paragraph (e)(2) 

of this section shall not apply to tube housing assemblies designed and 

designated by their original manufacturer to contain quick change x-ray 

tubes. The manufacturer of quick-change x-ray tubes shall include with 

each replacement tube a label with the tube manufacturer's name, the 

model, and serial number of the x-ray tube. The manufacturer of the 

tube shall instruct the assembler who installs the new tube to attach 

the label to the tube housing assembly and to remove, cover, or deface 

the previously affixed inscriptions, tags, or labels that are described 

by the tube manufacturer as no longer applicable.

    (f) [Reserved]

    (g) Information to be provided to assemblers. Manufacturers of 

components listed in paragraph (a)(1) of this section shall provide to 

assemblers subject to paragraph (d) of this section and, upon request, 

to others at a cost not to exceed the cost of publication and 

distribution, instructions for assembly, installation, adjustment, and 

testing of such components adequate to assure that the products will 

comply with applicable provisions of this section and Sec. Sec.  

1020.31, 1020.32, and 1020.33, when assembled, installed, adjusted, and 

tested as directed. Such instructions shall include specifications of 

other components compatible with that to be installed when compliance 

of the system or subsystem depends on their compatibility. Such 

specifications may describe pertinent physical characteristics of the 

components and/or may list by manufacturer model number the components 

which are compatible. For x-ray controls and generators manufactured 

after May 3, 1994, manufacturers shall provide:

    (1) A statement of the rated line voltage and the range of line-

voltage regulation for operation at maximum line current;

    (2) A statement of the maximum line current of the x-ray system 

based on the maximum input voltage and current characteristics of the 

tube housing assembly compatible with rated output voltage and rated 

output current characteristics of the x-ray control and associated 

high-voltage generator. If the rated input voltage and current 

characteristics of the tube housing assembly are not known by the 

manufacturer of the x-ray control and associated high-voltage 

generator, the manufacturer shall provide information necessary to 

allow the assembler to determine the maximum line current for the 

particular tube housing assembly(ies);

    (3) A statement of the technique factors that constitute the 

maximum line current condition described in paragraph (g)(2) of this 

section.

    (h) Information to be provided to users. Manufacturers of x-ray 

equipment shall provide to purchasers and, upon request, to others at a 

cost not to exceed the cost of publication and distribution, manuals or 

instruction sheets which shall include the following technical and 

safety information:

    (1) All x-ray equipment. For x-ray equipment to which this section 

and Sec. Sec.  1020.31, 1020.32, and 1020.33 are applicable, there 

shall be provided:

    (i) Adequate instructions concerning any radiological safety 

procedures and precautions which may be necessary because of unique 

features of the equipment; and

    (ii) A schedule of the maintenance necessary to keep the equipment 

in compliance with this section and Sec. Sec.  1020.31, 1020.32, and 

1020.33.

    (2) Tube housing assemblies. For each tube housing assembly, there 

shall be provided:

    (i) Statements of the leakage technique factors for all 

combinations of tube housing assemblies and beam-limiting devices for 

which the tube housing assembly manufacturer states compatibility, the 

minimum filtration permanently in the useful beam expressed as 

millimeters of aluminum equivalent, and the peak tube potential at 

which the aluminum equivalent was obtained;

    (ii) Cooling curves for the anode and tube housing; and

    (iii) Tube rating charts. If the tube is designed to operate from 

different types of x-ray high-voltage generators (such as single-phase 

self rectified, single-phase half-wave rectified, single-phase full-

wave rectified, 3-phase 6-pulse, 3-phase 12-pulse, constant potential, 

capacitor energy storage) or under modes of operation such as alternate 

focal spot sizes or speeds of anode rotation which affect its rating, 

specific identification of the difference in ratings shall be noted.

    (3) X-ray controls and generators. For the x-ray control and 

associated x-ray high-voltage generator, there shall be provided:

    (i) A statement of the rated line voltage and the range of line-

voltage regulation for operation at maximum line current;

    (ii) A statement of the maximum line current of the x-ray system 

based on the maximum input voltage and output current characteristics 

of the tube housing assembly compatible with rated output voltage and 

rated current characteristics of the x-ray control and associated high-

voltage generator. If the





[[Page 76086]]





rated input voltage and current characteristics of the tube housing 

assembly are not known by the manufacturer of the x-ray control and 

associated high-voltage generator, the manufacturer shall provide 

necessary information to allow the purchaser to determine the maximum 

line current for his particular tube housing assembly(ies);

    (iii) A statement of the technique factors that constitute the 

maximum line current condition described in paragraph (h)(3)(ii) of 

this section;

    (iv) In the case of battery-powered generators, a specification of 

the minimum state of charge necessary for proper operation;

    (v) Generator rating and duty cycle;

    (vi) A statement of the maximum deviation from the preindication 

given by labeled technique factor control settings or indicators during 

any radiographic or CT exposure where the equipment is connected to a 

power supply as described in accordance with this paragraph. In the 

case of fixed technique factors, the maximum deviation from the nominal 

fixed value of each factor shall be stated;

    (vii) A statement of the maximum deviation from the continuous 

indication of x-ray tube potential and current during any fluoroscopic 

exposure when the equipment is connected to a power supply as described 

in accordance with this paragraph; and

    (viii) A statement describing the measurement criteria for all 

technique factors used in paragraphs (h)(3)(iii), (h)(3)(vi), and 

(h)(3)(vii) of this section; for example, the beginning and endpoints 

of exposure time measured with respect to a certain percentage of the 

voltage waveform.

    (4) Beam-limiting device. For each variable-aperture beam-limiting 

device, there shall be provided;

    (i) Leakage technique factors for all combinations of tube housing 

assemblies and beam-limiting devices for which the beam-limiting device 

manufacturer states compatibility; and

    (ii) A statement including the minimum aluminum equivalent of that 

part of the device through which the useful beam passes and including 

the x-ray tube potential at which the aluminum equivalent was obtained. 

When two or more filters are provided as part of the device, the 

statement shall include the aluminum equivalent of each filter.

    (5) Imaging system information. For x-ray systems manufactured on 

or after [date 1 year after date of publication of the final rule in 

the Federal Register], that produce images using the fluoroscopic image 

receptor, the following information shall be provided in a separate, 

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

devoted to this information:

    (i) For each mode of operation, a description of the mode and 

detailed instructions on how the mode is engaged and disengaged. This 

information shall include how the operator can recognize which mode of 

operation has been selected prior to initiation of x-ray production.

    (ii) For each mode of operation, a description of any specific 

clinical procedure(s) and clinical imaging task(s) for which the mode 

is recommended or designed and how each mode should be used.

    (6) Displays of values of AKR and cumulative air kerma. For 

fluoroscopic x-ray systems manufactured on or after [date 1 year after 

date of publication of the final rule in the Federal Register], the 

following shall be provided:

    (i) A statement of the maximum deviations of the AKR and cumulative 

air kerma from their respective displayed values;

    (ii) Instructions, including schedules, for calibrating and 

maintaining any instrumentation associated with measurement or 

evaluation of the AKR and cumulative air kerma;

    (iii) Identification of the spatial coordinates of the irradiation 

location to which displayed values of AKR and cumulative air kerma 

refer according to Sec.  1020.32(k)(5);

    (iv) A rationale for specification of a reference irradiation 

location alternative to 15 centimeters from the isocenter toward the x-

ray source along the beam axis when such alternative specification is 

made according to Sec.  1020.32(k)(5)(ii).

    (i) [Reserved]

    (j) Warning label. The control panel containing the main power 

switch shall bear the warning statement, legible and accessible to 

view:

    ``Warning: This x-ray unit may be dangerous to patient and 

operator unless safe exposure factors, operating instructions and 

maintenance schedules are observed.''

    (k) Leakage radiation from the diagnostic source assembly. The 

leakage radiation from the diagnostic source assembly measured at a 

distance of 1 meter in any direction from the source shall not exceed 

0.88 milligray (mGy) air kerma (vice 100 milliroentgen (mR) exposure) 

in 1 hour when the x-ray tube is operated at the leakage technique 

factors. If the maximum rated peak tube potential of the tube housing 

assembly is greater than the maximum rated peak tube potential for the 

diagnostic source assembly, positive means shall be provided to limit 

the maximum x-ray tube potential to that of the diagnostic source 

assembly. Compliance shall be determined by measurements averaged over 

an area of 100 square centimeters with no linear dimension greater than 

20 centimeters.

    (l) Radiation from components other than the diagnostic source 

assembly. The radiation emitted by a component other than the 

diagnostic source assembly shall not exceed an air kerma of 18 microGy 

(vice 2 mR exposure) in 1 hour at 5 centimeters from any accessible 

surface of the component when it is operated in an assembled x-ray 

system under any conditions for which it was designed. Compliance shall 

be determined by measurements averaged over an area of 100 square 

centimeters with no linear dimension greater than 20 centimeters.

    (m) Beam quality--(1) Half-value layer. The half-value layer (HVL) 

of the useful beam for a given x-ray tube potential shall not be less 

than the appropriate value shown in table 1 of this section under 

``Specified Dental Systems,'' for any dental x-ray system designed for 

use with intraoral image receptors and manufactured after December 1, 

1980; under ``I--Other X-Ray Systems,'' for any dental x-ray system 

designed for use with intraoral image receptors and manufactured before 

December 1, 1980, and all other x-ray systems subject to this section 

and manufactured before [date 1 year after date of publication of the 

final rule in the Federal Register]; and under ``II--Other X-Ray 

Systems,'' for all x-ray systems, except dental x-ray systems designed 

for use with intraoral image receptors, subject to this section and 

manufactured on or after [date 1 year after date of publication of the 

final rule in the Federal Register]. If it is necessary to determine 

such HVL at an x-ray tube potential which is not listed in table 1 of 

this section, linear interpolation or extrapolation may be made. 

Positive means\2\ shall be provided to insure that at least the minimum 

filtration needed to achieve the above beam quality requirements is in 

the useful beam during each exposure. Table 1 follows:

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





    \2\In the case of a system which is to be operated with more 

than one thickness of filtration, this requirement can be met by a 

filter interlocked with the kilovoltage selector which will prevent 

x-ray emissions if the minimum required filtration is not in place.





[[Page 76087]]













                                                                        Table 1.

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

                    X-Ray Tube Voltage (kilovolt peak)                                          Minimum HVL (millimeters of aluminum)

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

                                                    Measured Operating           Specified Dental          I--Other X-Ray           II--Other X-Ray

           Designed Operating Range                     Potential                   Systems\1\               Systems\2\                Systems\3\

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

Below 51                                                   30                           1.5                      0.3                       0.3

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

                                                           40                           1.5                      0.4                       0.4

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

                                                           50                           1.5                      0.5                       0.5

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

51 to 70                                                   51                           1.5                      1.2                       1.3

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

                                                           60                           1.5                      1.3                       1.5

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

                                                           70                           1.5                      1.5                       1.8

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

Above 70                                                   71                           2.1                      2.1                       2.4

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

                                                           80                           2.3                      2.3                       2.8

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

                                                           90                           2.5                      2.5                       3.2

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

                                                          100                           2.7                      2.7                       3.6

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

                                                          110                           3.0                      3.0                       4.1

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

                                                          120                           3.2                      3.2                       4.5

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

                                                          130                           3.5                      3.5                       5.0

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

                                                          140                           3.8                      3.8                       5.4

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

                                                          150                           4.1                      4.1                       5.9

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

\1\Dental x-ray systems designed for use with intraoral image receptors and manufactured after December 1, 1980.

\2\Dental x-ray systems designed for use with intraoral image receptors and manufactured before or on December 1, 1980, and all other x-ray systems

  subject to this section and manufactured before or on [date 1 year after date of publication of the final rule in the Federal Register].

\3\All x-ray systems, except dental x-ray systems designed for use with intraoral image receptors, subject to this section and manufactured after [date

  1 year after date of publication of the final rule in the Federal Register].





    (2) Optional filtration. Fluoroscopic systems incorporating an x-

ray tube(s) with a continuous output of 1 kilowatt or more and an anode 

heat storage capacity of 1 million heat units or more shall provide the 

option of selecting and adding x-ray filtration to the diagnostic 

source assembly over and above the amount needed to meet the half-value 

layer provisions of Sec.  1020.30(m)(1). The selection of this 

additional x-ray filtration shall be at the option of the user.

    (3) Measuring compliance. For capacitor energy storage equipment, 

compliance shall be determined with the maximum selectable quantity of 

charge per exposure.

    (n) Aluminum equivalent of material between patient and image 

receptor. Except when used in a CT x-ray system, the aluminum 

equivalent of each of the items listed in table 2 of this section, 

which are used between the patient and image receptor, may not exceed 

the indicated limits. Compliance shall be determined by x-ray 

measurements made at a potential of 100 kilovolts peak and with an x-

ray beam that has a HVL specified in table 1 of this section for the 

potential. This requirement applies to front panel(s) of cassette 

holders and film changers provided by the manufacturer for patient 

support or for prevention of foreign object intrusions. It does not 

apply to screens and their associated mechanical support panels or 

grids. Table 2 follows:





                                Table 2.

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

                                                            Aluminum

                         Item                              Equivalent

                                                         (millimeters)

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

Front panel(s) of cassette holders (total of all)                   1.0

Front panel(s) of film changer (total of all)                       1.0

Cradle                                                              2.0

Tabletop, stationary, without articulated joints                    1.0

Tabletop, movable, without articulated joint(s)                     1.5

 (including stationary subtop)

Tabletop, with radiolucent panel having one                         1.5

 articulated joint

Tabletop, with radiolucent panel having two or more                 2.0

 articulated joints

Tabletop, cantilevered                                              2.0

Tabletop, radiation therapy simulator                               5.0

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









[[Page 76088]]





    (o) Battery charge indicator. On battery-powered generators, visual 

means shall be provided on the control panel to indicate whether the 

battery is in a state of charge adequate for proper operation.

    (p) [Reserved]

    (q) Modification of certified diagnostic x-ray components and 

systems--(1) Diagnostic x-ray components and systems certified in 

accordance with Sec.  1010.2 of this chapter shall not be modified such 

that the component or system fails to comply with any applicable 

provision of this chapter unless a variance in accordance with Sec.  

1010.4 of this chapter or an exemption under section 534(a)(5) or 

538(b) of the Federal Food, Drug, and Cosmetic Act has been granted.

    (2) The owner of a diagnostic x-ray system who uses the system in a 

professional or commercial capacity may modify the system, provided the 

modification does not result in the failure of the system or component 

to comply with the applicable requirements of this section or of Sec.  

1020.31, Sec.  1020.32, or Sec.  1020.33. The owner who causes such 

modification need not submit the reports required by subpart B of part 

1002 of this chapter, provided the owner records the date and the 

details of the modification, and provided the modification of the x-ray 

system does not result in a failure to comply with Sec.  1020.31, Sec.  

1020.32, or Sec.  1020.33.

    3. Revise Sec.  1020.31 to read as follows:









Sec.  1020.31  Radiographic equipment.





    The provisions of this section apply to equipment for the recording 

of images, except equipment for fluoroscopic imaging and for 

radiographic imaging when images are recorded from the fluoroscopic 

image receptor or computed tomography x-ray systems manufactured on or 

after November 28, 1984.

    (a) Control and indication of technique factors--(1) Visual 

indication. The technique factors to be used during an exposure shall 

be indicated before the exposure begins, except when automatic exposure 

controls are used, in which case the technique factors which are set 

prior to the exposure shall be indicated. On equipment having fixed 

technique factors, this requirement may be met by permanent markings. 

Indication of technique factors shall be visible from the operator's 

position except in the case of spot films made by the fluoroscopist.

    (2) Timers. Means shall be provided to terminate the exposure at a 

preset time interval, a preset product of current and time, a preset 

number of pulses, or a preset radiation exposure to the image receptor.

    (i) Except during serial radiography, the operator shall be able to 

terminate the exposure at any time during an exposure of greater than 

one-half second. Except during panoramic dental radiography, 

termination of exposure shall cause automatic resetting of the timer to 

its initial setting or to zero. It shall not be possible to make an 

exposure when the timer is set to a zero or off position if either 

position is provided.

    (ii) During serial radiography, the operator shall be able to 

terminate the x-ray exposure(s) at any time, but means may be provided 

to permit completion of any single exposure of the series in process.

    (3) Automatic exposure controls. When an automatic exposure control 

is provided:

    (i) Indication shall be made on the control panel when this mode of 

operation is selected;

    (ii) When the x-ray tube potential is equal to or greater than 51 

kilovolts peak (kVp), the minimum exposure time for field emission 

equipment rated for pulsed operation shall be equal to or less than a 

time interval equivalent to two pulses and the minimum exposure time 

for all other equipment shall be equal to or less than 1/60 second or a 

time interval required to deliver 5 milliampere-seconds (mAs), 

whichever is greater;

    (iii) Either the product of peak x-ray tube potential, current, and 

exposure time shall be limited to not more than 60 kilowatt-seconds 

(kWs) per exposure or the product of x-ray tube current and exposure 

time shall be limited to not more than 600 mAs per exposure, except 

when the x-ray tube potential is less than 51 kVp, in which case the 

product of x-ray tube current and exposure time shall be limited to not 

more than 2,000 mAs per exposure; and

    (iv) A visible signal shall indicate when an exposure has been 

terminated at the limits described in paragraph (a)(3)(iii) of this 

section, and manual resetting shall be required before further 

automatically timed exposures can be made.

    (4) Accuracy. Deviation of technique factors from indicated values 

shall not exceed the limits given in the information provided in 

accordance with Sec.  1020.30(h)(3);

    (b) Reproducibility. The following requirements shall apply when 

the equipment is operated on an adequate power supply as specified by 

the manufacturer in accordance with the requirements of Sec.  

1020.30(h)(3);

    (1) Coefficient of variation. For any specific combination of 

selected technique factors, the estimated coefficient of variation of 

the air kerma shall be no greater than 0.05.

    (2) Measuring compliance. Determination of compliance shall be 

based on 10 consecutive measurements taken within a time period of 1 

hour. Equipment manufactured after September 5, 1978, shall be subject 

to the additional requirement that all variable controls for technique 

factors shall be adjusted to alternate settings and reset to the test 

setting after each measurement. The percent line-voltage regulation 

shall be determined for each measurement. All values for percent line-

voltage regulation shall be within +/-1 of the mean value for all 

measurements. For equipment having automatic exposure controls, 

compliance shall be determined with a sufficient thickness of 

attenuating material in the useful beam such that the technique factors 

can be adjusted to provide individual exposures of a minimum of 12 

pulses on field emission equipment rated for pulsed operation or no 

less than one-tenth second per exposure on all other equipment.

    (c) Linearity. The following requirements apply when the equipment 

is operated on a power supply as specified by the manufacturer in 

accordance with the requirements of Sec.  1020.30(h)(3) for any fixed 

x-ray tube potential within the range of 40 percent to 100 percent of 

the maximum rated.

    (1) Equipment having independent selection of x-ray tube current 

(mA). The average ratios of air kerma to the indicated milliampere-

seconds product (mGy/mAs) obtained at any two consecutive tube current 

settings shall not differ by more than 0.10 times their sum. This is: 

|X1 - X2|<=0.10(X1+X2); 

where X1 and X2 are the average mGy/mAs values 

obtained at each of two consecutive tube current settings or at two 

settings differing by no more than a factor of 2 where the tube current 

selection is continuous.

    (2) Equipment having selection of x-ray tube current-exposure time 

product (mAs). For equipment manufactured after May 3, 1994, the 

average ratios of air kerma to the indicated milliampere-seconds 

product (mGy/mAs) obtained at any two consecutive mAs selector settings 

shall not differ by more than 0.10 times their sum. This is: 

|X1-X2|<= 0.10(X1+X2); 

where X1 and X2 are the average mGy/mAs values 

obtained at each of two consecutive mAs selector settings or at two 

settings differing by no more than a factor of 2 where the mAs selector 

provides continuous selection.





[[Page 76089]]





    (3) Measuring compliance. Determination of compliance will be based 

on 10 exposures, made within 1 hour, at each of the two settings. These 

two settings may include any two focal spot sizes except where one is 

equal to or less than 0.45 millimeters and the other is greater than 

0.45 millimeters. For purposes of this requirement, focal spot size is 

the focal spot size specified by the x-ray tube manufacturer. The 

percent line-voltage regulation shall be determined for each 

measurement. All values for percent line-voltage regulation at any one 

combination of technique factors shall be within +/-1 of the mean value 

for all measurements at these technique factors.

    (d) Field limitation and alignment for mobile, portable, and 

stationary general purpose x-ray systems. Except when spot-film devices 

are in service, mobile, portable, and stationary general purpose 

radiographic x-ray systems shall meet the following requirements:

    (1) Variable x-ray field limitation. A means for stepless 

adjustment of the size of the x-ray field shall be provided. Each 

dimension of the minimum field size at an SID of 100 centimeters shall 

be equal to or less than 5 centimeters.

    (2) Visual definition. (i) Means for visually defining the 

perimeter of the x-ray field shall be provided. The total misalignment 

of the edges of the visually defined field with the respective edges of 

the x-ray field along either the length or width of the visually 

defined field shall not exceed 2 percent of the distance from the 

source to the center of the visually defined field when the surface 

upon which it appears is perpendicular to the axis of the x-ray beam.

    (ii) When a light localizer is used to define the x-ray field, it 

shall provide an average illuminance of not less than 160 lux (15 

footcandles) at 100 centimeters or at the maximum SID, whichever is 

less. The average illuminance shall be based upon measurements made in 

the approximate center of each quadrant of the light field. Radiation 

therapy simulation systems are exempt from this requirement.

    (iii) The edge of the light field at 100 centimeters or at the 

maximum SID, whichever is less, shall have a contrast ratio, corrected 

for ambient lighting, of not less than 4 in the case of beam-limiting 

devices designed for use on stationary equipment, and a contrast ratio 

of not less than 3 in the case of beam-limiting devices designed for 

use on mobile and portable equipment. The contrast ratio is defined as 

I1/I2, where I1 is the illuminance 3 

millimeters from the edge of the light field toward the center of the 

field; and I2 is the illuminance 3 millimeters from the edge 

of the light field away from the center of the field. Compliance shall 

be determined with a measuring aperture of 1 millimeter.

    (e) Field indication and alignment on stationary general purpose x-

ray equipment. Except when spot-film devices are in service, stationary 

general purpose x-ray systems shall meet the following requirements in 

addition to those prescribed in paragraph (d) of this section:

    (1) Means shall be provided to indicate when the axis of the x-ray 

beam is perpendicular to the plane of the image receptor, to align the 

center of the x-ray field with respect to the center of the image 

receptor to within 2 percent of the SID, and to indicate the SID to 

within 2 percent;

    (2) The beam-limiting device shall numerically indicate the field 

size in the plane of the image receptor to which it is adjusted;

    (3) Indication of field size dimensions and SIDs shall be specified 

in centimeters and/or inches and shall be such that aperture 

adjustments result in x-ray field dimensions in the plane of the image 

receptor which correspond to those indicated by the beam-limiting 

device to within 2 percent of the SID when the beam axis is indicated 

to be perpendicular to the plane of the image receptor; and

    (4) Compliance measurements will be made at discrete SIDs and image 

receptor dimensions in common clinical use (such as SIDs of 100, 150, 

and 200 centimeters and/or 36, 40, 48, and 72 inches and nominal image 

receptor dimensions of 13, 18, 24, 30, 35, 40, and 43 centimeters and/

or 5, 7, 8, 9, 10, 11, 12, 14, and 17 inches) or at any other specific 

dimensions at which the beam-limiting device or its associated 

diagnostic x-ray system is uniquely designed to operate.

    (f) Field limitation on radiographic x-ray equipment other than 

general purpose radiographic systems--(1) Equipment for use with 

intraoral image receptors. Radiographic equipment designed for use with 

an intraoral image receptor shall be provided with means to limit the 

x-ray beam such that:

    (i) If the minimum source-to-skin distance (SSD) is 18 centimeters 

or more, the x-ray field at the minimum SSD shall be containable in a 

circle having a diameter of no more than 7 centimeters; and

    (ii) If the minimum SSD is less than 18 centimeters, the x-ray 

field at the minimum SSD shall be containable in a circle having a 

diameter of no more than 6 centimeters.

    (2) X-ray systems designed for one image receptor size. 

Radiographic equipment designed for only one image receptor size at a 

fixed SID shall be provided with means to limit the field at the plane 

of the image receptor to dimensions no greater than those of the image 

receptor, and to align the center of the x-ray field with the center of 

the image receptor to within 2 percent of the SID or shall be provided 

with means to both size and align the x-ray field such that the x-ray 

field at the plane of the image receptor does not extend beyond any 

edge of the image receptor.

    (3) Systems designed for mammography--(i) Radiographic systems 

designed only for mammography and general purpose radiography systems, 

when special attachments for mammography are in service, manufactured 

on or after November 1, 1977, and before September 30, 1999, shall be 

provided with means to limit the useful beam such that the x-ray field 

at the plane of the image receptor does not extend beyond any edge of 

the image receptor at any designated SID except the edge of the image 

receptor designed to be adjacent to the chest wall where the x-ray 

field may not extend beyond this edge by more than 2 percent of the 

SID. This requirement can be met with a system that performs as 

prescribed in paragraphs (f)(4)(i), (f)(4)(ii), and (f)(4)(iii) of this 

section. When the beam-limiting device and image receptor support 

device are designed to be used to immobilize the breast during a 

mammographic procedure and the SID may vary, the SID indication 

specified in paragraphs (f)(4)(ii) and (f)(4)(iii) of this section 

shall be the maximum SID for which the beam-limiting device or aperture 

is designed.

    (ii) Mammographic beam-limiting devices manufactured on or after 

September 30, 1999, shall be provided with the means to limit the 

useful beam such that the x-ray field at the plane of the image 

receptor does not extend beyond any edge of the image receptor by more 

than 2 percent of the SID. This requirement can be met with a system 

that performs as prescribed in paragraphs (f)(4)(i), (f)(4)(ii), and 

(f)(4)(iii) of this section. For systems that allow changes in the SID, 

the SID indication specified in paragraphs (f)(4)(ii) and (f)(4)(iii) 

of this section shall be the maximum SID for which the beam-limiting 

device or aperture is designed.

    (iii) Each image receptor support device manufactured on or after 

November 1, 1977, intended for installation on a system designed for 

mammography shall have clear and





[[Page 76090]]





permanent markings to indicate the maximum image receptor size for 

which it is designed.

    (4) Other x-ray systems. Radiographic systems not specifically 

covered in paragraphs (d), (e), (f)(2), (f)(3), and (h) of this section 

and systems covered in paragraph (f)(1) of this section, which are also 

designed for use with extraoral image receptors and when used with an 

extraoral image receptor, shall be provided with means to limit the x-

ray field in the plane of the image receptor so that such field does 

not exceed each dimension of the image receptor by more than 2 percent 

of the SID, when the axis of the x-ray beam is perpendicular to the 

plane of the image receptor. In addition, means shall be provided to 

align the center of the x-ray field with the center of the image 

receptor to within 2 percent of the SID, or means shall be provided to 

both size and align the x-ray field such that the x-ray field at the 

plane of the image receptor does not extend beyond any edge of the 

image receptor. These requirements may be met with:

    (i) A system which performs in accordance with paragraphs (d) and 

(e) of this section; or when alignment means are also provided, may be 

met with either;

    (ii) An assortment of removable, fixed-aperture, beam-limiting 

devices sufficient to meet the requirement for each combination of 

image receptor size and SID for which the unit is designed. Each such 

device shall have clear and permanent markings to indicate the image 

receptor size and SID for which it is designed; or

    (iii) A beam-limiting device having multiple fixed apertures 

sufficient to meet the requirement for each combination of image 

receptor size and SID for which the unit is designed. Permanent, 

clearly legible markings shall indicate the image receptor size and SID 

for which each aperture is designed and shall indicate which aperture 

is in position for use.

    (g) Positive beam limitation (PBL). The requirements of this 

paragraph shall apply to radiographic systems which contain PBL.

    (1) Field size. When a PBL system is provided, it shall prevent x-

ray production when:

    (i) Either the length or width of the x-ray field in the plane of 

the image receptor differs from the corresponding image receptor 

dimension by more than 3 percent of the SID; or

    (ii) The sum of the length and width differences as stated in 

paragraph (g)(1)(i) of this section without regard to sign exceeds 4 

percent of the SID.

    (iii) The beam limiting device is at an SID for which PBL is not 

designed for sizing.

    (2) Conditions for PBL. When provided, the PBL system shall 

function as described in paragraph (g)(1) of this section whenever all 

the following conditions are met:

    (i) The image receptor is inserted into a permanently mounted 

cassette holder;

    (ii) The image receptor length and width are less than 50 

centimeters;

    (iii) The x-ray beam axis is within +/-3 degrees of vertical and 

the SID is 90 centimeters to 130 centimeters inclusive; or the x-ray 

beam axis is within +/-3 degrees of horizontal and the SID is 90 

centimeters to 205 centimeters inclusive;

    (iv) The x-ray beam axis is perpendicular to the plane of the image 

receptor to within +/-3 degrees; and

    (v) Neither tomographic nor stereoscopic radiography is being 

performed.

    (3) Measuring compliance. Compliance with the requirements of 

paragraph (g)(1) of this section shall be determined when the equipment 

indicates that the beam axis is perpendicular to the plane of the image 

receptor and the provisions of paragraph (g)(2) of this section are 

met. Compliance shall be determined no sooner than 5 seconds after 

insertion of the image receptor.

    (4) Operator initiated undersizing. The PBL system shall be capable 

of operation such that, at the discretion of the operator, the size of 

the field may be made smaller than the size of the image receptor 

through stepless adjustment of the field size. Each dimension of the 

minimum field size at an SID of 100 centimeters shall be equal to or 

less than 5 centimeters. Return to PBL function as described in 

paragraph (g)(1) of this section shall occur automatically upon any 

change of image receptor size or SID.

    (5) Override of PBL. A capability may be provided for overriding 

PBL in case of system failure and for servicing the system. This 

override may be for all SIDs and image receptor sizes. A key shall be 

required for any override capability that is accessible to the 

operator. It shall not be possible to remove the key while PBL is 

overridden. Each such key switch or key shall be clearly and durably 

labeled as follows:

    For X-ray Field Limitation System Failure

    The override capability is considered accessible to the operator 

if it is referenced in the operator's manual or in other material 

intended for the operator or if its location is such that the 

operator would consider it part of the operational controls.

    (h) Field limitation and alignment for spot-film devices. The 

following requirements shall apply to spot-film devices, except when 

the spot-film device is provided for use with a radiation therapy 

simulation system:

    (1) Means shall be provided between the source and the patient for 

adjustment of the x-ray field size in the plane of the image receptor 

to the size of that portion of the image receptor which has been 

selected on the spot-film selector. Such adjustment shall be 

accomplished automatically when the x-ray field size in the plane of 

the image receptor is greater than the selected portion of the image 

receptor. If the x-ray field size is less than the size of the selected 

portion of the image receptor, the field size shall not open 

automatically to the size of the selected portion of the image receptor 

unless the operator has selected that mode of operation.

    (2) Neither the length nor the width of the x-ray field in the 

plane of the image receptor shall differ from the corresponding 

dimensions of the selected portion of the image receptor by more than 3 

percent of the SID when adjusted for full coverage of the selected 

portion of the image receptor. The sum, without regard to sign, of the 

length and width differences shall not exceed 4 percent of the SID. On 

spot-film devices manufactured after February 25, 1978, if the angle 

between the plane of the image receptor and beam axis is variable, 

means shall be provided to indicate when the axis of the x-ray beam is 

perpendicular to the plane of the image receptor, and compliance shall 

be determined with the beam axis indicated to be perpendicular to the 

plane of the image receptor.

    (3) The center of the x-ray field in the plane of the image 

receptor shall be aligned with the center of the selected portion of 

the image receptor to within 2 percent of the SID.

    (4) Means shall be provided to reduce the x-ray field size in the 

plane of the image receptor to a size smaller than the selected portion 

of the image receptor such that:

    (i) For spot-film devices used on fixed-SID fluoroscopic systems 

which are not required to, and do not provide stepless adjustment of 

the x-ray field, the minimum field size, at the greatest SID, does not 

exceed 125 square centimeters; or

    (ii) For spot-film devices used on fluoroscopic systems that have a 

variable SID and/or stepless adjustment of the field size, the minimum 

field size, at the greatest SID, shall be containable in a square of 5 

centimeters by 5 centimeters.





[[Page 76091]]





    (5) A capability may be provided for overriding the automatic x-ray 

field size adjustment in case of system failure. If it is so provided, 

a signal visible at the fluoroscopist's position shall indicate 

whenever the automatic x-ray field size adjustment override is engaged. 

Each such system failure override switch shall be clearly labeled as 

follows:

    For X-ray Field Limitation System Failure

    (i) Source-skin distance--(1) X-ray systems designed for use with 

an intraoral image receptor shall be provided with means to limit the 

source-skin distance to not less than:

    (i) Eighteen centimeters if operable above 50 kVp; or

    (ii) Ten centimeters if not operable above 50 kVp.

    (2) Mobile and portable x-ray systems other than dental shall be 

provided with means to limit the source-skin distance to not less than 

30 centimeters.

    (j) Beam-on indicators. The x-ray control shall provide visual 

indication whenever x-rays are produced. In addition, a signal audible 

to the operator shall indicate that the exposure has terminated.

    (k) Multiple tubes. Where two or more radiographic tubes are 

controlled by one exposure switch, the tube or tubes which have been 

selected shall be clearly indicated before initiation of the exposure. 

This indication shall be both on the x-ray control and at or near the 

tube housing assembly which has been selected.

    (l) Radiation from capacitor energy storage equipment. Radiation 

emitted from the x-ray tube shall not exceed:

    (1) An air kerma of 0.26 mGy (vice 0.03 mR exposure) in 1 minute at 

5 centimeters from any accessible surface of the diagnostic source 

assembly, with the beam-limiting device fully open, the system fully 

charged, and the exposure switch, timer, or any discharge mechanism not 

activated. Compliance shall be determined by measurements averaged over 

an area of 100 square centimeters, with no linear dimension greater 

than 20 centimeters; and

    (2) An air kerma of 0.88 mGy (vice 100 mR exposure) in 1 hour at 

100 centimeters from the x-ray source, with the beam-limiting device 

fully open, when the system is discharged through the x-ray tube either 

manually or automatically by use of a discharge switch or deactivation 

of the input power. Compliance shall be determined by measurements of 

the maximum air kerma per discharge multiplied by the total number of 

discharges in 1 hour (duty cycle). The measurements shall be averaged 

over an area of 100 square centimeters with no linear dimension greater 

than 20 centimeters.

    (m) Primary protective barrier for mammography x-ray systems--(1) 

For x-ray systems manufactured after September 5, 1978, and before 

September 30, 1999, which are designed only for mammography, the 

transmission of the primary beam through any image receptor support 

provided with the system shall be limited such that the air kerma 5 

centimeters from any accessible surface beyond the plane of the image 

receptor supporting device does not exceed 0.88 microGy (vice 0.1 mR 

exposure) for each activation of the tube.

    (2) For mammographic x-ray systems manufactured on or after 

September 30, 1999:

    (i) At any SID where exposures can be made, the image receptor 

support device shall provide a primary protective barrier that 

intercepts the cross section of the useful beam along every direction 

except at the chest wall edge.

    (ii) The x-ray system shall not permit exposure unless the 

appropriate barrier is in place to intercept the useful beam as 

required in paragraph (m)(2)(i) of this section.

    (iii) The transmission of the useful beam through the primary 

protective barrier shall be limited such that the air kerma 5 

centimeters from any accessible surface beyond the plane of the primary 

protective barrier does not exceed 0.88 microGy (vice 0.1 mR exposure) 

for each activation of the tube.

    (3) Compliance with the requirements of paragraphs (m)(1) and 

(m)(2)(iii) of this section for transmission shall be determined with 

the x-ray system operated at the minimum SID for which it is designed, 

at the maximum rated peak tube potential, at the maximum rated product 

of x-ray tube current and exposure time (mAs) for the maximum rated 

peak tube potential, and by measurements averaged over an area of 100 

square centimeters with no linear dimension greater than 20 

centimeters. The sensitive volume of the radiation measuring instrument 

shall not be positioned beyond the edge of the primary protective 

barrier along the chest wall side.

    4. Revise Sec.  1020.32 to read as follows:









Sec.  1020.32  Fluoroscopic equipment.





    The provisions of this section apply to equipment for fluoroscopic 

imaging and for radiographic imaging when images are recorded from the 

fluoroscopic image receptor except computed tomography x-ray systems 

manufactured on or after November 29, 1984.

    (a) Primary protective barrier--(1) Limitation of useful beam. The 

fluoroscopic imaging assembly shall be provided with a primary 

protective barrier which intercepts the entire cross section of the 

useful beam at any SID. The x-ray tube used for fluoroscopy shall not 

produce x-rays unless the barrier is in position to intercept the 

entire useful beam. The AKR due to transmission through the barrier 

with the attenuation block in the useful beam combined with radiation 

from the fluoroscopic image receptor shall not exceed 3.34 x 

10-3 percent of the entrance AKR, at a distance of 10 

centimeters from any accessible surface of the fluoroscopic imaging 

assembly beyond the plane of the image receptor. Radiation therapy 

simulation systems shall be exempt from this requirement provided the 

systems are intended only for remote control operation and the 

manufacturer sets forth instructions for assemblers with respect to 

control location as part of the information required in Sec.  

1020.30(g). Additionally, the manufacturer shall provide to users, 

under Sec.  1020.30(h)(1)(i), precautions concerning the importance of 

remote control operation.

    (2) Measuring compliance. The AKR shall be measured in accordance 

with paragraph (d) of this section. The AKR due to transmission through 

the primary barrier combined with radiation from the fluoroscopic image 

receptor shall be determined by measurements averaged over an area of 

100 square centimeters with no linear dimension greater than 20 

centimeters. If the source is below the tabletop, the measurement shall 

be made with the input surface of the fluoroscopic imaging assembly 

positioned 30 centimeters above the tabletop. If the source is above 

the tabletop and the SID is variable, the measurement shall be made 

with the end of the beam-limiting device or spacer as close to the 

tabletop as it can be placed, provided that it shall not be closer than 

30 centimeters. Movable grids and compression devices shall be removed 

from the useful beam during the measurement. For all measurements, the 

attenuation block shall be positioned in the useful beam 10 centimeters 

from the point of measurement of entrance AKR and between this point 

and the input surface of the fluoroscopic imaging assembly.

    (b) Field limitation--(1) Angulation. For fluoroscopic equipment 

manufactured after February 25, 1978, when the angle between the image 

receptor and the beam axis of the x-ray beam is variable, means shall 

be provided to indicate when the axis of the x-ray beam is 

perpendicular to the plane of the image receptor. Compliance with 

paragraphs (b)(4) and (b)(5) of this section shall be determined with 

the





[[Page 76092]]





beam axis indicated to be perpendicular to the plane of the image 

receptor.

    (2) Further means for limitation. Means shall be provided to permit 

further limitation of the x-ray field to sizes smaller than the limits 

of paragraphs (b)(4) and (b)(5). Beam-limiting devices manufactured 

after May 22, 1979, and incorporated in equipment with a variable SID 

and/or the capability of a visible area of greater than 300 square 

centimeters shall be provided with means for stepless adjustment of the 

x-ray field. Equipment with a fixed SID and the capability of a visible 

area of no greater than 300 square centimeters shall be provided with 

either stepless adjustment of the x-ray field or with a means to 

further limit the x-ray field size at the plane of the image receptor 

to 125 square centimeters or less. Stepless adjustment shall, at the 

greatest SID, provide continuous field sizes from the maximum 

obtainable to a field size containable in a square of 5 centimeters by 

5 centimeters. This paragraph does not apply to nonimage-intensified 

fluoroscopy.

    (3) Nonimage-intensified fluoroscopy. The x-ray field produced by 

nonimage-intensified fluoroscopic equipment shall not extend beyond the 

entire visible area of the image receptor. Means shall be provided for 

stepless adjustment of field size. The minimum field size, at the 

greatest SID, shall be containable in a square of 5 centimeters by 5 

centimeters.

    (4) Fluoroscopy and radiography using the fluoroscopic imaging 

assembly with inherently circular image receptors. (i) For fluoroscopic 

equipment manufactured before [date 1 year after date of publication of 

the final rule in the Federal Register], other than radiation therapy 

simulation systems, the following applies:

    (A) 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.

    (B) For rectangular x-ray fields used with circular image 

receptors, the error in alignment shall be determined along the length 

and width dimensions of the x-ray field which pass through the center 

of the visible area of the image receptor.

    (ii) For fluoroscopic equipment manufactured on or after [date 1 

year after date of publication of the final rule in the Federal 

Register], other than radiation therapy simulation systems, the maximum 

area of the x-ray field in the plane of the image receptor shall 

conform with one of the following requirements:

    (A) When the visible area of the image receptor is less than or 

equal to 34 cm in any direction: (1) At least 80 percent of the x-ray 

field overlaps the visible area of the image receptor, or (2) at least 

80 percent of the air kerma integrated over the x-ray field is incident 

on the area of the image receptor.

    (B) When the visible area of the image receptor is greater than 34 

cm in any direction, 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 a 

total of 2 cm.

    (5) Fluoroscopy and radiography using the fluoroscopic imaging 

assembly with inherently rectangular image receptors. For x-ray systems 

manufactured after [date 1 year after date of publication of the final 

rule in the Federal Register]:

    (i) 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.

    (ii) The error in alignment shall be determined along the length 

and width dimensions of the x-ray field which pass through the center 

of the visible area of the image receptor.

    (6) Override capability. If the fluoroscopic x-ray field size is 

adjusted automatically as the SID or image receptor size is changed, a 

capability may be provided for overriding the automatic adjustment in 

case of system failure. If it is so provided, a signal visible at the 

fluoroscopist's position shall indicate whenever the automatic field 

adjustment is overridden. Each such system failure override switch 

shall be clearly labeled as follows:

    For X-ray Field Limitation System Failure

    (c) Activation of tube. X-ray production in the fluoroscopic mode 

shall be controlled by a device which requires continuous pressure by 

the operator for the entire time of any exposure. When recording serial 

fluoroscopic images, the operator shall be able to terminate the x-ray 

exposure(s) at any time, but means may be provided to permit completion 

of any single exposure of the series in process.

    (d) Air kerma rates. For fluoroscopic equipment, the following 

requirements apply:

    (1) Fluoroscopic equipment manufactured before May 19, 1995-- (i) 

Equipment provided with automatic exposure rate control (AERC) shall 

not be operable at any combination of tube potential and current that 

will result in an AKR in excess of 88 mGy per minute (vice 10 R/min 

exposure rate) at the measurement point specified in Sec.  

1020.32(d)(3), except as specified in Sec.  1020.32(d)(1)(v) of this 

section.

    (ii) Equipment provided without AERC shall not be operable at any 

combination of tube potential and current that will result in an AKR in 

excess of 44 mGy per minute (vice 5 R/min exposure rate) at the 

measurement point specified in Sec.  1020.32(d)(3), except as specified 

in Sec.  1020.32(d)(1)(v) of this section.

    (iii) Equipment provided with both an AERC mode and a manual mode 

shall not be operable at any combination of tube potential and current 

that will result in an AKR in excess of 88 mGy per minute (vice 10 R/

min exposure rate) in either mode at the measurement point specified in 

Sec.  1020.32(d)(3), except as specified in Sec.  1020.32(d)(1)(v) of 

this section.

    (iv) Equipment may be modified in accordance with Sec.  1020.30(q) 

to comply with Sec.  1020.32(d)(2). When the equipment is modified, it 

shall bear a label indicating the date of the modification and the 

statement:

    ``Modified to comply with 21 CFR 1020.32(d)(2).''

    (v) Exceptions:

    (A) During recording of fluoroscopic images, or

    (B) When a mode of operation has an optional high-level control, in 

which case that mode shall not be operable at any combination of tube 

potential and current that will result in an AKR in excess of the rates 

specified in Sec.  1020.32(d)(1)(i), (d)(1)(ii), or (d)(1)(iii) at the 

measurement point specified in Sec.  1020.32(d)(3), unless the high-

level control is activated. Special means of activation of high-level 

controls shall be required. The high-level control shall be operable 

only when continuous manual activation is provided by the operator. A 

continuous signal audible to the fluoroscopist shall indicate that the 

high-level control is being employed.

    (2) Fluoroscopic equipment manufactured on or after May 19, 1995-- 

(i) Shall be equipped with AERC if operable at any combination of tube 

potential and current that results in an AKR greater than 44 mGy per 

minute (vice 5 R/min exposure rate) at the measurement point specified 

in Sec.  1020.32(d)(3). Provision for manual selection of technique 

factors may be provided.

    (ii) Shall not be operable at any combination of tube potential and 

current that will result in an AKR in excess of 88 mGy per minute (vice 

10





[[Page 76093]]





R/min exposure rate) at the measurement point specified in Sec.  

1020.32(d)(3), except as specified in Sec.  1020.32(d)(2)(iii) of this 

section:

    (iii) Exceptions:

    (A) For equipment manufactured prior to [date 1 year after date of 

publication of the final rule in the Federal Register], during the 

recording of images from a fluoroscopic image receptor using 

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

in a pulsed mode.

    (B) For equipment manufactured on or after [date 1 year after date 

of publication of the final rule in the Federal Register], during the 

recording of images from the fluoroscopic image receptor for the 

purpose of providing the user with an image(s) after termination of the 

exposure. However, the archiving of fluoroscopic or radiographic images 

through the recording of such images in analog format with a video-tape 

or video-disc recorder does not qualify as an exception.

    (C) When a mode of operation has an optional high-level control and 

the control is activated, in which case the equipment shall not be 

operable at any combination of tube potential and current that will 

result in an AKR in excess of 180 mGy per minute (vice 20 R/min 

exposure rate) at the measurement point specified in 

Sec. 1020.32(d)(3). Special means of activation of high-level controls 

shall be required. The high-level control shall be operable only when 

continuous manual activation is provided by the operator. A continuous 

signal audible to the fluoroscopist shall indicate that the high-level 

control is being employed.

    (3) Measuring compliance. Compliance with paragraph (d) of this 

section shall be determined as follows:

    (i) If the source is below the x-ray table, the AKR shall be 

measured at 1 centimeter above the tabletop or cradle.

    (ii) If the source is above the x-ray table, the AKR shall be 

measured at 30 centimeters above the tabletop with the end of the beam-

limiting device or spacer positioned as closely as possible to the 

point of measurement.

    (iii) In a C-arm type of fluoroscope, the AKR shall be measured at 

30 centimeters from the input surface of the fluoroscopic imaging 

assembly, with the source positioned at any available SID, provided 

that the end of the beam-limiting device or spacer is no closer than 30 

centimeters from the input surface of the fluoroscopic imaging 

assembly.

    (iv) In a C-arm type of fluoroscope having an SID less than 45 cm, 

the AKR shall be measured at the minimum SSD.

    (v) In a lateral type of fluoroscope, the air kerma rate shall be 

measured at a point 15 centimeters from the centerline of the x-ray 

table and in the direction of the x-ray source with the end of the 

beam-limiting device or spacer positioned as closely as possible to the 

point of measurement. If the tabletop is movable, it shall be 

positioned as closely as possible to the lateral x-ray source, with the 

end of the beam-limiting device or spacer no closer than 15 centimeters 

to the centerline of the x-ray table.

    (4) Exemptions. Fluoroscopic radiation therapy simulation systems 

are exempt from the requirements set forth in paragraph (d) of this 

section.

    (e) [Reserved]

    (f) Indication of potential and current. During fluoroscopy and 

cinefluorography, x-ray tube potential and current shall be 

continuously indicated. Deviation of x-ray tube potential and current 

from the indicated values shall not exceed the maximum deviation as 

stated by the manufacturer in accordance with Sec.  1020.30(h)(3).

    (g) Source-skin distance. (1) Means shall be provided to limit the 

source-skin distance to not less than 38 centimeters on stationary 

fluoroscopes and to not less than 30 centimeters on mobile and portable 

fluoroscopes. In addition, for fluoroscopes intended for specific 

surgical application that would be prohibited at the source-skin 

distances specified in this paragraph, provisions may be made for 

operation at shorter source-skin distances but in no case less than 20 

centimeters. When provided, the manufacturer must set forth precautions 

with respect to the optional means of spacing, in addition to other 

information as required in Sec.  1020.30(h).

    (2) For mobile or portable C-arm fluoroscopic systems manufactured 

on or after [date 1 year after date of publication of the final rule in 

the Federal Register], having a maximum source-image receptor distance 

of less than 45 centimeters, means shall be provided to limit the 

source-skin distance to not less than 19 centimeters. Such systems 

shall be labeled for extremity use only. In addition, for those systems 

intended for specific surgical application that would be prohibited at 

the source-skin distances specified in this paragraph, provisions may 

be made for operation at shorter source-skin distances but in no case 

less than 10 centimeters. When provided, the manufacturer must set 

forth precautions with respect to the optional means of spacing, in 

addition to other information as required in Sec.  1020.30(h).

    (h) Fluoroscopic irradiation time, display, and signal. (1)(i) 

Fluoroscopic equipment manufactured before [date 1 year after date of 

publication of the final rule in the Federal Register], shall be 

provided with means to preset the cumulative on-time of the 

fluoroscopic tube. The maximum cumulative time of the timing device 

shall not exceed 5 minutes without resetting. A signal audible to the 

fluoroscopist shall indicate the completion of any preset cumulative 

on-time. Such signal shall continue to sound while x-rays are produced 

until the timing device is reset. Fluoroscopic equipment may be 

modified in accordance with Sec.  1020.30(q) to comply with the 

requirements of Sec.  1020.32(h)(2). When the equipment is modified, it 

shall bear a label indicating the statement:

    ``Modified to comply with 21 CFR 1020.32(h)(2).''

    (ii) As an alternative to the requirements of this paragraph, 

radiation therapy simulation systems may be provided with a means to 

indicate the total cumulative exposure time during which x-rays were 

produced, and which is capable of being reset between x-ray 

examinations.

    (2) For x-ray controls manufactured on or after [date 1 year after 

date of publication of the final rule in the Federal Register], there 

shall be provided for each fluoroscopic tube:

    (i) A display of the value and units of the irradiation time from 

the beginning of a patient examination or procedure. This display shall 

be visible at the fluoroscopist's working position throughout the 

examination or procedure and after it ends. The display shall be able 

to be reset to zero prior to the commencement of a new examination or 

procedure, and it shall function independently of the audible signal 

described in Sec.  1020.32(h)(2)(ii).

    (ii) A signal audible to the fluoroscopist shall indicate the 

passage of irradiation time during an examination or procedure. The 

signal shall sound for at least one second at each interval of 5-

minutes duration of irradiation time.

    (i) Mobile and portable fluoroscopes. In addition to the other 

requirements of this section, mobile and portable fluoroscopes shall 

provide an image receptor incorporating more than a simple fluorescent 

screen.

    (j) Display of last image hold (LIH). Fluoroscopic equipment 

manufactured on or after [date 1 year after date of publication of the 

final rule in the Federal Register], shall be equipped with means to 

display an LIH radiograph following termination of the fluoroscopic 

exposure.





[[Page 76094]]





    (1) For an LIH radiograph obtained by retaining pretermination 

fluoroscopic images, if the number of images and method of combining 

images are selectable by the user, the selection shall be indicated 

prior to initiation of the fluoroscopic exposure.

    (2) For an LIH radiograph obtained by initiating a separate 

radiographic exposure, if the techniques factors for the radiographic 

exposure are selectable prior to the exposure, the combination selected 

must be indicated prior to initiation of the fluoroscopic exposure.

    (3) Means shall be provided to clearly indicate to the user whether 

a displayed image is the LIH radiograph or fluoroscopy. Display of the 

LIH radiograph shall be replaced by the fluoroscopic image concurrently 

with reinitiation of fluoroscopic exposure, unless separate displays 

are provided for the LIH radiograph and fluoroscopic images.

    (4) The predetermined or selectable options for producing the LIH 

radiograph shall be described in the information required by Sec.  

1020.30(h). The information shall include a description of any 

applicable technique factors for the selected option and the impact of 

the selectable options on image characteristics and radiation dose.

    (k) Displays of values of AKR and cumulative air kerma. 

Fluoroscopic equipment manufactured on or after [date 1 year after date 

of publication of the final rule in the Federal Register], shall 

display at the fluoroscopist's working position values of AKR and 

cumulative air kerma. The following requirements apply for each x-ray 

tube used during an examination or procedure:

    (1) The value displayed for AKR shall be in units of mGy/min and 

shall represent the air kerma per unit time during fluoroscopy and 

while recording during fluoroscopy.

    (2) The value displayed for cumulative air kerma shall be in units 

of mGy; shall include all contributions generated from fluoroscopic and 

radiographic radiation; shall represent the total air kerma accrued 

from the commencement of an examination or procedure and shall be 

updated during the examination or procedure each time that fluoroscopic 

or radiographic x-ray production is deactivated.

    (3) During fluoroscopy and while recording during fluoroscopy, the 

value and units of the AKR shall be displayed. Following fluoroscopy or 

radiography, the value and units of the cumulative air kerma shall be 

displayed.

    (4) The display of the value of the AKR shall be clearly 

distinguishable from the display of the value of the cumulative air 

kerma.

    (5) Values displayed for the AKR and cumulative air kerma shall be 

determined for conditions of free-in-air irradiation at one of the 

following reference locations specified according to the type of 

fluoroscope. The reference location shall be identified and described 

specifically in information provided to users according to Sec.  

1020.30(h)(6)(iii).

    (i) For fluoroscopes with x-ray source below the table, x-ray 

source above the table, or of lateral type, the reference locations 

shall be the respective locations specified in Sec.  1020.32(d)(3)(i), 

(d)(3)(ii), or (d)(3)(v) for measuring compliance with air-kerma rate 

limits.

    (ii) For C-arm type fluoroscopes, the reference location shall be 

15 centimeters from the isocenter toward the x-ray source along the 

beam axis. Alternatively, the reference location shall be along the 

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

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

    (6) Means shall be provided to reset to zero the values of AKR and 

cumulative air kerma prior to the commencement of a new examination or 

procedures.

    (7) The AKR and the cumulative air kerma shall not deviate from 

their respective displayed values by more than +/-25 percent.

    5. Amend Sec.  1020.33 by revising paragraph (h)(2) to read as 

follows:









Sec.  1020.33  Computed tomography (CT) equipment.





* * * * *

    (h) * * *

    (2) For systems that allow high voltage to be applied to the x-ray 

tube continuously and that control the emission of x-ray with a 

shutter, the radiation emitted may not exceed 0.88 milligray (vice 100 

milliroentgen exposure) in 1 hour at any point 5 centimeters outside 

the external surface of the housing of the scanning mechanism when the 

shutter is closed. Compliance shall be determined by measurements 

average over an area of 100 square centimeters with no linear dimension 

greater than 20 centimeters.

* * * * *





    Dated: July 25, 2002.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 02-30550 Filed 12-9-02; 8:45 am]



BILLING CODE 4160-01-S