A small update to a nice change in CDRH policy:
As of September 1, 2011 the requirement described in Attachment A of your variance approval letter has changed as described below. Item number 13 has been revised to cover maintenance of records.
13. The finn or person to whom this variance is issued shall maintain complete records of all show itineraries with dates, locations, operator name, and contact information clearly and completely identified. Records shall contain the specific equipment used, a basic description of proposed effects and a statement of the maximum power output used.
These records shall be available to the Food and Drug Administration upon request.
Item number 14 has been added to cover notification of other agencies.
14. Advance written notification shall be made as early as possible to appropriate Federal, State, and local authorities providing show itinerary with dates and locations clearly and completely identified, and a basic description of proposed effects including a statement of the maximum power output intended. Such notifications shall be made, but not necessarily be limited, to:
(a) The Federal Aviation Administration (FAA) and the Department of Defense (DOD) for any projections into open airspace at any time (i.e., including setup, alignment, rehearsals, performances, etc.). If the FAA or DOD objects to any laser effects, the objections shall be resolved and any conditions requested by FAA and DOD will be adhered to. If these conditions can not be met, the objectionable effects shall be deleted from the show.
(b) State and local radiation control offices/agencies for all shows to be performed
within their jurisdictions. All requirements of State and local law shall be
satisfied and any objections raised by local authorities shall be resolved or the
effects deleted.
The effect of this change is to remove the requirement to send CDRH advance written
notification for every laser-light show. -Instead records of each show shall be maintained and available for FDA review upon request.
If you have any questions please contact: Robert J. Doyle at:
robertj.doyle@fda.hhs.gov or 301.796.5863.
Center for Devices and Radiological Health