[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-24354] [[Page Unknown]] [Federal Register: September 30, 1994] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 21 CFR Part 900 [Docket No. 93N-0351] Quality Standards and Certification Requirements for Mammography Facilities AGENCY: Food and Drug Administration, HHS. ACTION: Interim rule; opportunity for public comment. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is issuing regulations to implement the Mammography Quality Standards Act of 1992 (MQSA). The MQSA requires the establishment of a Federal certification and inspection program for mammography facilities; regulations and standards for accrediting bodies for mammography facilities; and standards for mammography equipment, personnel, and practices, including quality assurance. This regulation, which amends two previously published interim rules, modifies and adds to the definitions previously set forth. In addition, the interim rule provides a mechanism to request permission to meet alternative requirements, other than those previously set forth, if the proposed alternative requirement is at least as effective as the existing quality standards in achieving quality mammography services for women. DATES: The interim regulation is effective October 1, 1994; written comments by December 29, 1994. The Director of the Office of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain publication in 21 CFR 900.12(d)(1)(i), effective on September 30, 1994. ADDRESSES: Submit written comments to the Dockets Management Branch (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: Charles K. Showalter, Center for Devices and Radiological Health (HFZ-240), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-3332. SUPPLEMENTARY INFORMATION: I. Background The MQSA (Pub. L. 102-539) was enacted to establish minimum, national quality standards for mammography. The MQSA requires that, to provide mammography services legally after October 1, 1994, all facilities, except facilities of the Department of Veterans Affairs, must be both accredited by an approved accrediting body and certified by the Secretary of Health and Human Services (HHS) (the Secretary). The authority to approve accreditation bodies and to certify facilities has been delegated by the Secretary to FDA. The MQSA was passed on October 27, 1992, in response to statistics on the prevalence of breast cancer across the United States. Breast cancer is now the most common cancer, and the second leading cause of cancer deaths among women. According to the 1992 projections by the American Cancer Society, there would be 180,000 new cases of breast cancer among women in the United States in just that year. Of these new cases, it was estimated that approximately 46,000 of these women would die from the disease. The lifetime risk of developing breast cancer is increasing. In 1992, breast cancer affected 1 in 8 women in their lifetime as compared to 1 in 11 in 1980, 1 in 14 in 1960, and 1 in 20 in 1940. Early detection of breast cancer, typically involving physical breast examination and mammography, is the best means of preventing deaths that result from breast cancer detected at an advanced stage. The value of undergoing mammography screening is that mammography can detect cancers that are too small to be felt through physical examination (palpation). Mammograms can detect breast cancer up to 2 years before a woman or her doctor can feel a lump. In addition, these early stage cancers can be 90 to 100 percent curable (Ref. 1). However, according to the General Accounting Office (GAO), a mammogram is one of the most difficult radiographic images to read. It must have optimal clarity for the image to be interpreted correctly. If the image quality is poor or the interpretation is faulty, the interpreter may miss an incipient cancerous lesion. This could delay treatment and result in an avoidable death or mastectomy. Further, it is equally true that poor images or faulty interpretations can lead to a false positive diagnosis, which produces needless patient anxiety, costly additional testing, and painful biopsies when normal tissue is misread as abnormal. The Senate Committee on Labor and Human Resources held hearings on the breast cancer issue and found a wide range of problems with the current mammography system: Poor quality equipment, the lack of quality assurance procedures, poorly trained technologists and physicians, false representation of accreditation by some mammography facilities, and the lack of inspections or consistent governmental oversight. The MQSA addresses these specific concerns by establishing national minimum standards for all mammography facilities, except the Department of Veterans Affairs, in the areas of radiation dose, equipment, personnel, and practices, such as quality control and quality assurance. The MQSA replaces a patchwork of Federal, State, and private standards and guarantees sufficient oversight and enforcement to ensure that women will receive high quality mammography services. II. Comments To date, FDA has received 97 comments on the 2 interim rules that were published in the Federal Register of December 21, 1993 (58 FR 67558 and 58 FR 67565). These comments, which have been carefully reviewed and summarized, are under consideration as the final regulations are being developed. FDA will publish its response to the various comments in the Federal Register when the final rules are published. III. Effective Date The effective date of this regulation is October 1, 1994. Although the effective date of a final regulation ordinarily may not be less than 30 days after date of publication in the Federal Register, the Administrative Procedures Act and FDA's regulations permit exceptions to this timeframe when: (1) The regulation grants an exemption or relieves a restriction; (2) the regulation interprets rules and policy statements; or, (3) good cause exists and is published for the earlier date. This interim rule satisfies any one or all of the exemption criteria that permit an earlier effective date. (See 5 U.S.C. 553(d) and 21 CFR 10.40(c)(4).) First, this interim rule exempts certain mammography devices and procedures from quality standards established under the MQSA. Second, the interim rule provides a means for proposing alternative standards that may relieve restrictions for certain mammography facilities. Third, the interim rule provides interpretive definitions and FDA policy statements to clarify essential terms in rules previously issued under the MQSA. Finally, failure to implement this interim rule by October 1, 1994, could inadvertently render critical mammography devices and procedures illegal that are not currently intended to be covered under the MQSA. Therefore, the agency finds good cause for an effective date fewer than 30 days after publication of this regulation. Accordingly, for all these reasons, this interim rule is made effective as of October 1, 1994. IV. Legislative Authority December 14, 1993, the President signed legislation (H. Rept. 2202) granting interim rule authority to the Secretary for promulgation of standards required by the MQSA. This authorization was provided in recognition of the fact that the certification deadline of October 1, 1994, could not be met without streamlining the process for initial promulgation of standards. Because of the perceived urgent public health need for Federal standards for mammography, it was decided that interim rule authority should be granted, rather than an extension of the deadline to develop standards. Under the interim rule legislation, the Secretary is authorized to issue temporary, interim regulations setting forth standards for approving accrediting bodies and for quality standards for mammography, under section 354(e) and 354(f) of the Public Health Service Act (the PHS Act) (42 U.S.C. 263b(e) and 354(f)). Under the abbreviated process, the Secretary is required to adopt existing standards to the maximum extent feasible, such as those established by the Health Care Financing Administration (HCFA), private voluntary accreditation bodies, e.g., the American College of Radiology (ACR), and some States. Also, in developing the interim regulations, the Secretary is not required to consult with the National Mammography Quality Assurance Advisory Committee (Advisory Committee). However, after the interim standards are issued, Congress intended that the Secretary proceed with the more extensive rulemaking procedures envisioned by the original enactment of the MQSA, including the statutorily required consultation with the Advisory Committee. FDA used this authority to issue interim requirements for accrediting bodies, quality standards, and certification on December 21, 1993. Those interim standards have been used to approve accreditation bodies and certify facilities before the October 1, 1994, deadline. However, since the interim regulations were published on December 1993, FDA's experience in applying those interim standards has convinced the agency that certain amendments to those interim rules are necessary in order to clarify the obligation that facilities have to meet under MQSA by the October 1, 1994, deadline. The regulations implemented by this interim rule add to and modify the interim rules issued on December 21, 1993, and will remain in effect until final regulations are proposed and promulgated in 1995. V. Provisions of the Rule A. Amended Definition FDA's experience in developing standards and planning for implementation of the MQSA over the past year has made the agency aware that certain changes to its previously published interim definitions are necessary. Section 900.2 (21 CFR 900.2) of the December 21, 1993, interim rule (58 FR 67558 at 67563) defines essential terms used throughout the interim rules. These definitions are intended to inform mammography facilities and consumers of the meaning of terminology used throughout the MQSA regulations. This interim rule amends and modifies certain terms defined in Sec. 900.2. In determining which facilities would be subject to the standards under the MQSA, Congress defined the term ``facility'' to include a hospital, outpatient department, clinic, radiology practice, or mobile unit, an office of a physician, or other facility, as determined by the Secretary, and, by delegation, FDA, that conducts breast cancer screening or diagnosis through mammography activities. The term does not include a facility of the Department of Veterans Affairs. Congress further defined mammography ``activities'' to include the operation of equipment to produce a mammogram, the processing of film, the initial interpretation of the mammogram, and the (maintenance of) viewing conditions for that interpretation. However, Congress recognized that a mammogram may be performed in a place that is different from the facility that processes or interprets the x-ray film. In such a case, the MQSA requires the facility performing the mammogram to be responsible for meeting the MQSA quality standards. Under this interim rule, FDA is amending the definition of ``facility'' under Sec. 900.2 to clarify that it is the facility performing the mammogram that is responsible for obtaining accreditation by an FDA-approved accrediting body and certification by FDA to provide mammography services legally after October 1, 1994. The facility performing the mammogram must substantiate that the additional mammography activities of processing the x-ray film, interpreting the image, and maintaining viewing conditions, wherever performed, meet all quality standards required under the MQSA. Facilities that provide only partial services (e.g., film processing companies or interpreting radiologists) are not required at this time to apply for accreditation or certification under MQSA, although these partial providers will have to meet MQSA standards in order to be employed by any facility that performs mammograms. In the future, FDA may require facilities that perform any portion of the process required for a mammography evaluation to be directly subject to the accreditation and certification process. In addition, although the MQSA excludes facilities of the Department of Veterans Affairs (VA) from the scope of the legislation, VA is working to establish standards consistent with this legislation. All other facilities that conduct the following screening or diagnostic mammography activities are subject to the standards issued under the MQSA. B. New Definitions This interim rule is adding the new terms ``screening mammography'' and ``diagnostic mammography'' to Sec. 900.2 in order to clarify which breast cancer screening or diagnostic mammography activities conducted by a facility will render that facility subject to the provisions of and regulations issued under the MQSA, and which activities are excluded from regulation. Under the MQSA, Congress defined the term ``mammography'' as radiography of the breast, but provided no statutory definition for the terms ``screening mammography'' and ``diagnostic mammography.'' This interim rule is adding the terms ``screening mammography'' and ``diagnostic mammography'' to the definition portion of the regulations in order to clarify the scope of the regulated mammography activities. These definitions are based on definitions developed by the Agency for Health Care Policy and Research (AHCPR) and the ACR, and have been modified as necessary for purposes of MQSA implementation. The term ``screening mammography'' is being defined as mammography performed on an asymptomatic patient to detect the presence of breast cancer at an early stage. In screening mammography, the patient typically has not manifested any clinical signs, symptoms, or physical findings of breast cancer. The screening mammogram is performed to detect the presence of a breast abnormality in its incipient stage and to serve as a baseline film to which future screening or diagnostic mammograms may be compared. The term ``diagnostic mammography'' is being defined as mammography performed on a patient with clinical signs, symptoms, or physical findings suggestive of breast cancer; an abnormal or questionable screening mammogram; a history of breast cancer with breast conservation surgery regardless of absence of clinical breast signs, symptoms, or physical findings; or, augmented breasts regardless of absence of clinical breast signs, symptoms, or physical findings. Diagnostic mammography is also called problem-solving mammography or consultative mammography. A diagnostic mammogram is performed because there is a reasonable articulable suspicion that an abnormality may exist in the breast. The diagnostic mammogram may confirm or deny the presence of an abnormality and, if confirmed, may assist in determining the nature of the problem. FDA has further defined the terms screening and diagnostic mammography to exclude breast imaging performed in a research setting as part of a scientific study to evaluate experimental mammography devices conducted in accordance with FDA's investigational device exemption regulations in 21 CFR part 812. Science has not progressed to the point where effective quality standards may be written for every category of experimental mammography device. Therefore, at this time these investigational devices for breast radiography will not be subject to the quality standards issued under the MQSA. However, any conventional mammography device used as part of the scientific study to provide baseline data from which to evaluate the safety and efficacy of the experimental device would be subject to MQSA quality standards. In addition, invasive interventions which employ breast radiography devices to produce radiographic images of the breast in association with localization or biopsy (e.g., stereotactic x-ray) procedures have also been excluded from the definitions of screening and diagnostic mammography activities. In the future, when the science has advanced to a point where effective, national quality standards may be developed, FDA may regulate facilities that employ these invasive interventions or facilities that employ experimental devices for breast radiography to ensure their compliance under the act. C. Alternative Standards FDA recognizes that there may be alternative standards to the standards issued in Sec. 900.12 (21 CFR 900.12) of the Federal Register of December 12, 1993 (58 FR 67565), that are at least as effective in delivering high quality mammography services to women. In the interest of improving the overall quality of mammography, FDA wants to provide an avenue by which safe and effective alternative standards may be implemented. Accordingly, the agency has created a mechanism for qualified applicants to request permission to meet an alternative standard rather than an existing quality standard. The request must be supported by such evidence as required by the agency to render a determination that the suggested alternative is at least as effective as the agency mandated standard in helping to achieve high quality mammography. If the agency determines that the proposed alternative is acceptable, the agency will grant the request. The applicant will receive written notice of the approval of the alternative standard, including any limitations on use of the alternative, and the period of time that the alternative may be employed. The decision will be placed in the public docket file in the Dockets Management Branch (address above), after deletion of any patient identifiers or confidential commercial information, and may also be published in the form of a notice in the Federal Register. Other entities that desire to use the alternative standard must also submit an application and receive approval by the agency before they may substitute the alternative for the agency mandated standard. FDA anticipates that ``me-too'' entities filing an application in accordance with the regulations typically would receive a prompt response to the request. This process is necessary to ensure that those other entities wishing to avail themselves of the alternative fully understand and appreciate the alternative procedure and its applicability so that the overall quality of mammography services is maintained. However, if a manufacturer of mammography equipment applies to the agency for approval of an alternative standard based on particular characteristics of that manufacturers's equipment, FDA approval of that alternative standard would apply to all facilities using that manufacturer's equipment. VI. Quality Assurance Standards: Screen-Film FDA is amending the quality assurance (QA) standard for screen-film systems. Section 900.12(d)(1)(i) (58 FR 67565 at 67572) requires the screen-film QA program for a mammography facility to be substantially the same as that described in the 1992 edition of ``Mammography Quality Control: Radiologist's Manual, Radiologic Technologists Manual and Medical Physicist's Manual.'' Recently, the 1994 edition of the manual has been published. FDA has evaluated the revised QA screen-film program in this latest edition and determined that either the 1992 version or the 1994 version of the program can serve as the basis for a facility's screen-film QA program. FDA is amending Sec. 900.12(d)(1)(i) to reflect this change. VII. Paperwork Reduction Act of 1980 This interim rule contains information collections which are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35). The title, description, and respondent description of the information collection are shown below 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 the collection of information. Title: Quality Standards and Certification Requirements for Mammography Facilities. Description: FDA is issuing an interim rule to implement the certification and quality standards provisions of the MQSA. This regulation, which amends two previously published interim rules, modifies and adds to the definitions previously set forth. In addition, the interim rule provides a mechanism to request permission to meet alternative requirements, other than those previously set forth, if the proposed alternative requirement is at least as effective as the existing quality standards in achieving quality mammography services for women. As required by section 3504(h) of the Paperwork Reduction Act of 1980, FDA is submitting a copy of this interim rule to OMB for its review of these information collection requirements. Other organizations and individuals desiring to submit comments regarding this burden estimate or any aspects of these information collection requirements, including suggestions for reducing the burden, should direct them to FDA's Dockets Management Branch (address above) and to the Office of Information and Regulatory Affairs, OMB, rm. 3208, New Executive Office Bldg., Washington, D.C. 20503, Attention: Desk Officer for FDA. Estimated Annual Burden for Reporting ---------------------------------------------------------------------------------------------------------------- No. of CFR section No. of responses per Total annual Hours per Total respondents respondent responses response hours ---------------------------------------------------------------------------------------------------------------- 21 CFR 900.11(b)(2), 21 CFR 900.18\1\... 25 1 25 2 50 --------- Total............................... ............... ............... ............ ............ 50 ---------------------------------------------------------------------------------------------------------------- 1FDA is unable to estimate the burden imposed by 21 CFR 900.18 at this time because there is insufficient information to determine how many requests for approval of an alternative standard will be submitted. This estimate will be provided when FDA has sufficient information on which to base an estimate. Estimated Annual Burden for Recordkeeping ---------------------------------------------------------------------------------------------------------------- No. of Annual hours per Total annual CFR section recordkeepers recordkeeping burden hours ---------------------------------------------------------------------------------------------------------------- 21 CFR 900.11(c)(1)....................................... 1,000 1 1,000 21 CFR 900.12(e)(1), 21 CFR 900.18\1\..................... 10,000 1 10,000 ----------------------------------- Total Annual Burden................................... ................ ................ 11,050 ---------------------------------------------------------------------------------------------------------------- 1FDA is unable to estimate the burden imposed by 21 CFR 900.18 at this time because there is insufficient information to determine how many requests for approval of an alternative standard will be submitted. This estimate will be provided when FDA has sufficient information on which to base an estimate. VIII. Environmental Impact The agency has determined under 21 CFR 25.24(a)(8) 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. IX. Economic Impact FDA has examined the impacts of the interim rule under Executive Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The agency believes that this interim rule is consistent with the regulatory philosophy and principles identified in the Executive Order. In addition, the interim rule is not a significant regulatory action as defined by the Executive Order and so is not subject to review under the Executive Order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because a request for an alternative requirement is a voluntary action by the applicant and the amended definitions limit the current applicability of these requirements, the agency certifies that the interim rule will not have a significant economic impact on a substantial number of small entities. Therefore, under the Regulatory Flexibility Act, no further analysis is required. X. References The following reference has been placed on display in the Dockets Management Branch (address above) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. Report on the Mammography Quality Standards Act of 1992, U.S. Senate, Report 102-448, October 1, 1992. XI. Request for Comments Interested persons may, on or before December 29, 1994, submit to the Dockets Management Branch (address above) written comments regarding this interim rule. Two copies of any comments are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the office above between 9 a.m. and 4 p.m., Monday through Friday. Although these amendments to the interim regulations become effective October 1, 1994, FDA will consider and evaluate all comments it receives as part of its ongoing work on the final rules. List of Subjects in 21 CFR Part 900 Electronic products, Incorporation by reference, Mammography, Medical devices, Radiation protection, Reporting and recordkeeping requirements, X-rays. Therefore, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 900 is amended as follows: PART 900--MAMMOGRAPHY 1. The authority citation for 21 CFR part 900 continues to read as follows: Authority: Secs. 519, 537, and 704(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i, 360nn, and 374(e)); sec. 354 of the Public Health Service Act (42 U.S.C. 263b). 2. Section 900.2 is amended by revising paragraph (e) and by adding new paragraphs (r) and (s) to read as follows: Sec. 900.2 Definitions. * * * * * (e) Facility means a hospital, outpatient department, clinic, radiology practice, or mobile unit, office of a physician, or other facility that conducts breast cancer screening mammography activities or conducts diagnostic mammography activities, including the following: The operation of equipment to produce a mammogram, processing of film, initial interpretation of the mammogram, and maintaining viewing conditions for that interpretation. This term does not include a facility of the Department of Veterans Affairs. * * * * * (r) Diagnostic mammography means mammography performed on a patient with: clinical signs, symptoms, physical findings suggestive of breast cancer; an abnormal or questionable screening mammogram; a history of breast cancer with breast conservation surgery regardless of absence of clinical breast signs, symptoms, or physical findings; or, augmented breasts regardless of absence of clinical breast signs, symptoms, or physical findings. Diagnostic mammography is also called problem- solving mammography or consultative mammography. This definition excludes mammography performed during invasive interventions for localization or biopsy procedures. The definition further excludes mammography performed as part of a scientific study to evaluate an experimental mammography device conducted in accordance with FDA's investigational device exemption regulations in part 812 of this chapter. (s) Screening mammography means mammography performed on an asymptomatic patient to detect the presence of breast cancer at an early stage. This definition excludes mammography performed as part of a scientific study to evaluate an experimental mammography device conducted in accordance with FDA's investigational device exemption regulations in part 812 of this chapter. 3. Section 900.12(d)(1)(i) is revised to read as follows: Sec. 900.12 Quality standards. * * * * * (d) * * * (1) * * * (i) For film-screen systems, be substantially the same as that described in the 1992 or 1994 edition of ``Mammography Quality Control: Radiologist's Manual, Radiologic Technologist's Manual, and Medical Physicist's Manual,'' prepared by the American College of Radiology, Committee on Quality Assurance in Mammography, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American College of Radiology, Mammography Accreditation Program, 1891 Preston White Dr., Reston, VA 22091-5431; and may be inspected at the Center for Devices and Radiological Health, Division of Mammography and Radiation Programs (HFZ-200), 5600 Fishers Lane, Rockville, MD 20857; or may be examined at the Office of the Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC. * * * * * 4. Section 900.18 is added to subpart B to read as follows: Sec. 900.18 Alternative requirements for MQSA quality standards. (a) Criteria for approval of alternative standards. Upon application by a qualified party as defined under paragraph (b) of this section, the Director, Division of Mammography Quality and Radiation Programs (the Director), may approve an alternative to a quality standard under Sec. 900.12, when the Director determines that: (1) The proposed alternative standard will be at least as effective in assuring quality mammography as the standard it proposes to replace, and (2) The proposed alternative: (i) Is too limited in its applicability to justify amending the standard, or (ii) Offers an expected benefit to public health which is so great that the time required for the processing of an amendment to the standard would present an unjustifiable risk to public health, and (3) The granting of the alternative is in keeping with the purposes of the Mammography Quality Standards Act of 1992. (b) Applicants for alternatives. (1) Mammography facilities and accreditation bodies may apply for alternatives to the quality standards of Sec. 900.12. (2) State governments that are not accrediting bodies may apply for alternatives to the standards of Sec. 900.12(a). (3) Manufacturers and assemblers of equipment used for mammography may apply for alternatives to the standards of Sec. 900.12 (b), (c), and (d). (c) Application for approval of an alternative standard. An application for approval of an alternative standard or for an amendment or extension of the alternative standard shall be submitted in an original and two copies to the Director, Division of Mammography Quality and Radiation Programs, Center for Devices and Radiological Health (HFZ-240), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. The application for approval of an alternative standard shall include the following information: (1) Identification of the original standard for which the alternative standard is being proposed and an explanation of why it is believed necessary to propose the alternative; (2) A description of the manner in which the alternative is proposed to deviate from the original standard; (3) A description, supported by data, of the advantages to be derived from such deviation; (4) An explanation, supported by data, of how such a deviation would assure equal or greater quality of production, processing, or interpretation of mammograms than the original standard; (5) The suggested period of time that the proposed alternative standard would be in effect; and (6) Such other information required by the Director to evaluate and act on the application. (d) Ruling on applications. (1) The Director may approve or deny, in whole or in part, a request for approval of an alternative standard or any amendment or extension thereof, and shall inform the applicant in writing of this action. The written notice will state the manner in which the requested alternative standard differs from the agency standard and a summary of the reasons for approval or denial of the request. If the request is approved, the written notice will also include the effective date and the termination date of the approval, a summary of the limitations and conditions attached to the approval, and any other information that may be relevant to the approved request. Each approved alternative standard will be assigned an identifying number. (2) Notice of an approved request for an alternative standard or any amendment or extension thereof will be placed in the public docket file in the office of the Dockets Management Branch and may also be in the form of a notice published in the Federal Register. The notice will state the name of the applicant, a description of the published agency standard, and a description of the approved alternative standard, including limitations and conditions attached to approval of the alternative standard. (3) Summaries of approved alternative standards, including information on their nature and number, will be provided to the National Mammography Quality Assurance Advisory Committee. (4) All applications for approval of alternative standards and for amendments and extensions thereof and all correspondence (including written notices of approval) on these applications will be available for public disclosure in the Dockets Management Branch, excluding patient identifiers and confidential commercial information. (e) Amendment or extension of an alternative standard. An application for amending or extending approval of an alternative standard shall include the following information: (1) The approval number and the expiration date of the alternative standard; (2) The amendment or extension requested and the basis for the amendment or extension; and (3) An explanation, supported by data, of how such an amendment or extension would assure equal or greater quality of production, processing, or interpretation of mammograms than the original standard. (f) Applicability of the alternative standards. Any approval of an alternative standard, amendment, or extension may be implemented only by the entity to which it was granted and under the terms under which it was granted, except that when an alternative standard is approved for a manufacturer of equipment, any facility using that equipment will also be covered by the alternative standard. Other entities interested in similar or identical approvals must file their own application by following the provisions of Sec. 900.18(c). (g) Withdrawal of approval of alternative standards. The Director shall amend or withdraw approval of an alternative standard whenever the Director determines that this action is necessary to protect the public health or otherwise is justified by Sec. 900.12. Such action will become effective on the date specified in the written notice of the action sent to the applicant, except that it will become effective immediately upon notification of the applicant when the Director determines that such action is necessary to prevent an imminent health hazard. Dated: September 26, 1994. William K. Hubbard, Interim Deputy Commissioner for Policy. [FR Doc. 94-24354 Filed 9-28-94; 12:40 pm] BILLING CODE 4160-01-P