The comments to the proposed rule have nothing to do with the petition to remove BIEL from the ILX code and classify them as thermal.
This petition is only for those devices identified as non-thermal, as BIEL's is currently. It's nice to let FDA know that we'd like to have BIEL's devices classified as thermal and removed from the ILX code (by rule), and make them Class II OTC, but this petition is not for that.
That is what is being appealed with FDA right now.
The petition is to the proposed rule change to the docket, to make all WMD devices that are non-thermal in nature (in the ILX code) require PMA.
Whether this rule goes thru or not, worst case it can only affect RecoveryRx.
The comments associated with Actipatch and Allay have nothing to do with the petition.