Professional Documents
Culture Documents
(HFA–305), Food and Drug Laparoscopic and endoscopic Disinfection in the Prevention of Nonsocomial
Infections,’’ P.S. Brachman and T.C. Eickof (ed),
Administration, 5630 Fishers Lane, rm. electrosurgical accessories are being Proceedings of International Conference on
1061, Rockville, MD 20852. Submit added to the list of reprocessed SUDs, Nonsocomial Infections, 1970, American Hospital
electronic comments to http:// already subject to premarket notification Association, Chicago, 254-274, 1971.
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56912 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices
publication of the notice or no longer II. FDA’s Implementation of New determined that all noncompression
market their devices. Section 510(o) of the Act heart stabilizers and endoscopic and
In accordance with section 510(o) of In the Federal Register of April 30, laparoscopic electrosurgical accessories
the act, FDA must revise the list of 2003 (68 FR 23139), FDA described the should be considered high risk devices
devices subject to this requirement as methodology and criteria used to when reprocessed.
appropriate. On June 26, 2003 (68 FR identify the reprocessed SUDs that were Noncompression heart stabilizers are
38071), FDA recategorized nine device included in the lists required by intended to move, lift, and position the
types from semicritical to critical, and MDUFMA. First, FDA described how it heart while maintaining hemodynamic
added nonelectric gastroenterology- identified the types of SUDs currently stability during cardiovascular surgery.
urology biopsy forceps to the list of being reprocessed and how the The agency has determined that
critical devices whose exemption from Spaulding definitions (see footnote 1) noncompression heart stabilizers are
premarket notification requirements was were used to categorize these devices as high risk devices when reprocessed
being terminated. critical, semicritical, or noncritical. (See because they include features, such as
By April 26, 2004, FDA was required Attachment 1.) Next, the agency narrow tubing, interlocking parts, and
to identify in a Federal Register notice described its use of the Risk small crevices that could impede
those semicritical reprocessed SUDs Prioritization Scheme (RPS)2 that was cleaning and sterilization and because
whose exemption from premarket used to evaluate the potential risk (high, these devices contain materials,
notification would be terminated and moderate, or low) associated with an coatings, or components that may be
for which FDA determined that SUD based on the following factors: (1) damaged or altered by reprocessing.
validation data, as specified under Risk of infection and (2) risk of Therefore, these devices have the
MDUFMA, was necessary in a 510(k). inadequate performance following potential for a high risk of infection
As discussed above, manufacturers of reprocessing. FDA identified its final and/or inadequate performance when
the devices whose exemptions from criterion as those reprocessed SUDs reprocessed. This includes
premarket notification were terminated intended to come in contact with tissue noncompression heart stabilizers
were required to submit 510(k)s that at high risk of being infected with the
(device 21 in Attachment 1) classified
included validation data regarding causative agents of Creutzfeldt-Jakob
under § 870.4500 (21 CFR 870.4500). In
cleaning, sterilization, and functional Disease (CJD). (These are generally
determining that noncompression heart
performance, in addition to all the other devices intended for use in
stabilizers are high risk devices when
required elements of a 510(k) identified neurosurgery and ophthalmology.)
Using this methodology and these reprocessed, a new product code has
in § 807.87, within 15 months of been created to identify these devices
publication of the notice or no longer criteria, the devices included on List I
(Critical and Semicritical Reprocessed within regulation § 870.4500. The new
market their devices. In accordance with product code is NQG. This new product
section 510(o) of the act, FDA must SUDs Previously Exempt from
Premarket Notification Requirements code has been added to device 21 in
revise the list of devices subject to this Attachment 1 of this document.
requirement as appropriate. that Now Require 510(k)s with
Validation Data) of the April 30, 2003, Endoscopic and laparoscopic
C. Reprocessed SUDs Already Subject to June 26, 2003, and April 13, 2004, electrosurgical accessories are surgical
Premarket Notification Requirements Federal Register notices are those instruments used during minimally
MDUFMA also required FDA to critical and semicritical reprocessed invasive surgery, including vein
review the types of reprocessed SUDs SUDs that were either high risk harvesting. The agency has determined
already subject to premarket notification according to the RPS or intended to that these devices should be considered
requirements and to identify which of come in contact with tissue at high risk high risk devices when reprocessed
these devices required the submission of of being infected with CJD. The devices because they include features, such as
validation data to ensure their included on List II (Reprocessed SUDs narrow lumens, that could impede
substantial equivalence to predicate Subject to Premarket Notification thorough cleaning and sterilization and
devices. FDA published a list of these Requirements that Now Require the because these devices contain materials,
devices in the Federal Register on April Submission of Validation Data) of the coatings, or components that may be
30, 2003 (68 FR 23139). As described April 30, 2003, Federal Register notice damaged or altered by reprocessing.
above, FDA must revise the list of are those reprocessed SUDs already Therefore, these devices have the
devices subject to this requirement as subject to premarket notification potential for a high risk of infection or
appropriate. requirements that were either high risk inadequate performance when
For devices identified on this list that according to the RPS or intended to reprocessed. This includes endoscopic
had already been cleared through the come in contact with tissue at high risk and laparoscopic electrosurgical
510(k) process, manufacturers were of being infected with CJD. accessories (device 162 in Attachment
required to submit validation data III. Revisions to Attachment 1, List I, 1) classified under § 878.4400 (21 CFR
regarding cleaning, sterilization, and and List II 878.4400). In determining that
functional performance within 9 months endoscopic and laparoscopic
of publication of the list or no longer A. Revisions to Attachment 1 (List of electrosurgical accessories are
market their devices. SUDs Known To Be Reprocessed or potentially high risk devices when
Considered for Reprocessing) reprocessed, a new product code has
For devices on this list that were not
yet cleared through the 510(k) process, FDA has evaluated the comments been created to identify these devices
manufacturers were required to submit received regarding section 510(o) of the within regulation § 878.4400. The new
510(k)s including validation data act. In doing so, the agency has product code is NUJ. This new product
regarding cleaning, sterilization, and code has been added to device 162 in
functional performance, in addition to 2This scheme is described in the February 2000 Attachment 1.
draft guidance document entitled, ‘‘Reprocessing
all the other required elements and Reuse of Single-Use Devices: Review
These changes are reflected in a
identified in 21 CFR 807.87, in order to Prioritization Scheme.’’ http://www.fda.gov/cdrh/ revised version of Attachment 1
market these devices. reuse/1156.html. included in this Federal Register notice.
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Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices 56913
B. Revisions to List I (Critical and categorized into List I in this notice and Therefore, endoscopic and laparoscopic
Semicritical Reprocessed Single-Use previous Federal Register notices, FDA electrosurgical accessories have been
Devices Previously Exempt from is re-issuing a complete listing of these added to List II. Under MDUFMA,
Premarket Notification Requirements devices. Therefore, List 1 now identifies manufacturers of these devices who
that Now Require 510(k)s with all critical and semicritical reprocessed have already obtained clearance through
Validation Data) SUDs previously exempt from the 510(k) process must submit
Using the RPS, FDA has recategorized premarket notification requirements that validation data regarding cleaning,
noncompression heart stabilizers from now require 510(k)s with validation sterilization, and functional
moderate risk to high risk when data. performance by June 29, 2006, which is
reprocessed, and the agency has C. Revisions to List II (Reprocessed 9 months following this revision of the
therefore added noncompression heart Single-Use Devices Subject to Premarket list. Upon publication of this notice,
stabilizers to List I. Manufacturers of Notification Requirements that Now manufacturers who have not yet
noncompression heart stabilizers will be Require the Submission of Validation obtained clearance through the 510(k)
required to submit 510(k)s with Data) process must submit 510(k)s including
validation data by December 29, 2006, validation data regarding cleaning,
which is 15 months following this Using the RPS, FDA has recategorized sterilization, and functional
revision of the list. endoscopic and laparoscopic performance, in addition to all the other
To help reprocessors be able to easily electrosurgical accessories under required elements of a 510(k) identified
identify those critical and semicritical regulation § 878.4400 from moderate in 21 CFR 807.87, in order to market
reprocessed SUDs that have been risk to high risk when reprocessed. these devices.
LIST I.—CRITICAL AND SEMICRITICAL REPROCESSED SINGLE-USE DEVICES PREVIOUSLY EXEMPT FROM PREMARKET NOTI-
FICATION REQUIREMENTS THAT NOW REQUIRE 510(K)S WITH VALIDATION DATA [MANUFACTURERS OF NONCOMPRES-
SION HEART STABILIZERS WILL NEED TO SUBMIT 510(K)S WITH VALIDATION DATA BY 15 MONTHS FOLLOWING THE PUB-
LICATION OF THIS REVISED LIST.]
Product code for non- Product code for Product code name for
21 CFR No. Classification name reprocessed reprocessed reprocessed device
device device
872.3240 Dental bur Diamond coated NME Dental diamond coated bur
872.5410 Orthodontic appliance and accessories EJF NQS Orthodontic metal bracket
874.4140 Ear, nose, and throat bur Microdebrider NLY ENT high speed microdebrider
874.4140 Ear, nose, and throat bur Diamond coated NLZ ENT diamond coated bur
874.4420 Ear, nose, throat manual surgical .. KAB, KBG, KCI NLB Laryngeal, sinus, tracheal trocar
876.4680 Ureteral stone dislodger FGO, FFL NQT, NQU Flexible and basket stone
dislodger
878.4800 Manual surgical instrument for ... .... DWO NLK Cardiovascular biopsy needle
878.4800 Manual surgical instrument for... GAA NNC Aspiration and injection needle
884.4530 OB/GYN specialized manual instrument HFB NMG Gynecological biopsy forceps
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56914 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices
LIST II.—REPROCESSED SINGLE-USE DEVICES SUBJECT TO PREMARKET NOTIFICATION REQUIREMENTS THAT NOW RE-
QUIRE THE SUBMISSION OF VALIDATION DATA1 [MANUFACTURERS OF ENDOSCOPIC AND LAPAROSCOPIC
ELECTROSURGICAL ACCESSORIES WHO ALREADY HAVE 510(K) CLEARANCE FOR THESE DEVICES MUST SUBMIT VALIDA-
TION DATA BY JUNE 29, 2006. ANY NEW 510(K) FOR THIS DEVICE TYPE WILL REQUIRE VALIDATION DATA UPON PUBLI-
CATION OF THIS DOCUMENT.]
Product code for Product code for Product code name for
21 CFR No. Classification name nonreprocessed reprocessed reprocessed device
device device
868.5150 Anesthesia conduction needle MIA NMR Short term spinal needle
870.1290 Steerable catheter control system DXX NKR Steerable catheter control system
870.1650 Angiographic injector and syringe DXT NKT Angiographic injector and syringe
870.1670 Syringe actuator for injector DQF NKW Injector for actuator syringe
870.3535 Intra-aortic balloon and control system DSP NKO Intra-aortic balloon and control
system
874.4680 Bronchoscope (flexible or rigid) and acces- BWH NLE Bronchoscope (nonrigid) biopsy
sories forceps
876.1075 Gastro-Urology biopsy instrument FCG NMX G-U biopsy needle and needle
set
876.1500 Endoscope and accessories GCJ NLM General and plastic surgery
laparoscope
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Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices 56915
LIST II.—REPROCESSED SINGLE-USE DEVICES SUBJECT TO PREMARKET NOTIFICATION REQUIREMENTS THAT NOW RE-
QUIRE THE SUBMISSION OF VALIDATION DATA1 [MANUFACTURERS OF ENDOSCOPIC AND LAPAROSCOPIC
ELECTROSURGICAL ACCESSORIES WHO ALREADY HAVE 510(K) CLEARANCE FOR THESE DEVICES MUST SUBMIT VALIDA-
TION DATA BY JUNE 29, 2006. ANY NEW 510(K) FOR THIS DEVICE TYPE WILL REQUIRE VALIDATION DATA UPON PUBLI-
CATION OF THIS DOCUMENT.]—Continued
Product code for Product code for Product code name for
21 CFR No. Classification name nonreprocessed reprocessed reprocessed device
device device
876.4300 Endoscopic electrosurgical unit and acces- FAS NLW Active Urological electrosurgical
sories electrode
876.4300 Endoscopic electrosurgical unit and acces- FEH NLV Flexible suction coagulator elec-
sories trode
876.4300 Endoscopic electrosurgical unit and acces- KGE NLU Electric biopsy forceps
sories
876.4300 Endoscopic electrosurgical unit and acces- FDI NLT Flexible snare
sories
876.4300 Endoscopic electrosurgical unit and acces- KNS NLR Endoscopic (with or without ac-
sories cessories) Electrosurgical unit
876.5540 Blood access device and accessories LBW NNF Single needle dialysis set (co-
axial flow)
876.5540 Blood access device and accessories FIE NNE Fistula needle
876.5820 Hemodialysis systems and accessories FIF NNG Single needle dialysis set with
uni-directional pump
878.4400 Electrosurgical Cutting and Coagulation De- GEI NUJ Endoscopic and laparoscopic
vice and Accessories electrosurgical accessories
880.5570 Hypodermic single lumen needle FMI NKK Hypodermic single lumen needle
882.4300 Manual cranial drills, burrs, trephines and HBG NLO (Manual) drills, burrs, trephines
accessories and accessories
882.4305 Powered compound cranial drills, burrs, HBF NLP (Powered, compound) drills,
trephines . burrs, trephines and acces-
sories
882.4310 Powered simple cranial drills, burrs, HBE NLN (Simple, powered) drills, burrs,
trephines . trephines and accessories
884.1720 Gynecologic laparoscope and accessories HET NMH Gynecologic laparoscope (and
accessories)
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56916 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Notices
IV. Stakeholder Input to either List I or II. Each of these However, the process also identified a
In the Federal Register of February 4, comments was carefully considered. significant number of reprocessed SUDs
2003 (68 FR 5643), FDA invited However, FDA does not believe, based that could continue to be marketed
on the risk-based approach described in because: (1) they were found not to
interested persons to provide
the April 30, 2003, Federal Register require the submission of additional
information and share views on the
notice, that SUDs other than those validation data in order to ensure
implementation of MDUFMA. Since
identified in this notice should be substantial equivalence to legally
that time, the agency has received
added to the Lists at this time. marketed predicate devices; or (2) after
comments on various MDUFMA Another comment requested the FDA
provisions, including several on its a review of submitted validation data,
to call for the immediate submission they were found to be substantially
implementation of section 510(o) of the and review of validation data regarding
act. As discussed above, one comment equivalent to legally marketed predicate
cleaning, sterilization, and functional devices. Therefore, FDA does not intend
recommended that heart stabilizers performance for all reprocessed SUDs.
should be considered high risk because to expand the list of reprocessed SUDs
The comment further stated that this subject to the submission and review of
of the risk of cross contamination and request was based on the significant
deterioration of the mechanical validation data to all reprocessed SUDs
number of reprocessed devices which as requested in the comment. The
properties of the device. FDA agrees that were withdrawn or were deemed to be
noncompression heart stabilizers, a agency believes it has implemented
insufficiently supported by validation section 510(o) of the act by identifying
subset of all heart stabilizers, should be data as of February 8, 2005.
added to the list of critical reprocessed the types of devices that require the
Section 510(o) of the act required FDA
SUDs previously exempt from submission of validation data and
to identify those reprocessed SUDs for
premarket notification requirements that determining which of those devices can
which validation data must be
will now require 510(k)s with validation no longer be legally marketed.
submitted in order to ensure that those
data. Therefore, FDA has added SUDs remain substantially equivalent to V. Comments
noncompression heart stabilizers to List predicate devices after reprocessing.
I. Because the agency has found that some You may submit written or electronic
Another comment recommended that reprocessed SUDs do not require the comments on the designation of
FDA recategorize endoscopic vessel submission and review of validation reprocessed noncompression heart
harvesting devices as high risk to be data in order to demonstrate substantial stabilizers and laparoscopic and
consistent with the categorization of equivalence, the agency identified the endoscopic electrosurgical devices
other endoscopic accessories under 21 types of devices requiring the requiring the submission of premarket
CFR 876.1500 (Endoscope and submission of validation data by notifications with validation data to the
accessories). FDA agrees that implementing a risk-based approach. Division of Dockets Management (see
endoscopic vessel harvesting devices This risk-based approach, described in ADDRESSES). Submit electronic
should be considered high risk and the April 30, 2003, Federal Register comments to http://www.fda.gov/
subject to the submission of validation notice, identified a significant number dockets/ecomments. Submit two copies
data. As discussed previously, in of reprocessed SUDs that can no longer of mailed comments, but individuals
reviewing this comment, the agency also be legally marketed without agency may submit one copy. You should
determined that laparoscopic review and clearance of validation data. identify your comments with the docket
electrosurgical accessories should be The failure of some manufacturers to number found in brackets in the
similarly categorized. Therefore, FDA submit this validation data and the heading of this document. You may see
has added laparoscopic and endoscopic agency’s review of submitted data any comments FDA receives in the
electrosurgical accessories to List II. resulted in a determination that a Dockets Management Branch between 9
Other additional comments requested significant number of reprocessed SUDs a.m. and 4 p.m., Monday through
that specific reprocessed SUDs be added could no longer be legally marketed. Friday.
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Dated: September 22, 2005. practical utility; (b) the accuracy of the 5 years; and smoking in the last
Jeffrey Shuren, agency’s estimate of the burden of the trimester of pregnancy) and two existing
Assistant Commissioner for Policy. proposed collection of information; (c) performance measures were either
[FR Doc. 05–19510 Filed 9–28–05; 8:45 am] ways to enhance the quality, utility, and removed entirely (low birth weight) or
BILLING CODE 4160–01–S
clarity of the information to be incorporated into an existing health
collected; and (d) ways to minimize the status capacity indicator (eligible
burden of the collection of information children receiving services under
DEPARTMENT OF HEALTH AND on respondents, including through the Medicaid). This will result in no net
HUMAN SERVICES use of automated collection techniques increase in the number of performance
or other forms of information measures. In addition, the directions in
Health Resources and Services technology. the guidance for the Health Systems
Administration Capacity Indicators (HSCI) were
Proposed Project: Maternal and Child expanded to enhance clarification. This
Agency Information Collection Health Services Title V Block Grant proposed change will make it easier for
Activities: Proposed Collection; Program—Guidance and Forms for the the states to report on these indicators.
Comment Request Title V Application/Annual Report, The existing electronic system used
OMB No.0915–0172: Revision by the states to submit their Block Grant
In compliance with the requirement The Health Resources and Services Application and Annual Report has also
for opportunity for public comment on Administration (HRSA) proposes to been enhanced. First, using the
proposed data collection projects revise the Maternal and Child Health electronic system, the narrative from the
(section 3506(c)(2)(A) of Title 44, United Services Title V Block Grant Program— prior year’s submission is available
States Code, as amended by the Guidance and Forms for the online in the system so that the
Paperwork Reduction Act of 1995, Pub. Application/Annual Report. The applicant need only edit those sections
L. 104–13), the Health Resources and guidance is used annually by the 50 that have changed. This reduces burden
Services Administration (HRSA) States and 9 jurisdictions in making by avoiding duplicating material. For
publishes periodic summaries of application for Block Grants under Title national performance measures 2–6, the
proposed projects being developed for V of the Social Security Act, and in data obtained from the National Survey
submission to OMB under the preparing the required annual report. of Children with Special Health Care
Paperwork Reduction Act of 1995. To The proposed revisions follow and Needs are pre-populated which
request more information on the build on extensive consultation received eliminates the need to retrieve and enter
proposed project or to obtain a copy of from a workgroup convened to provide data from this survey, unless the states
the data collection plans and draft suggestions to improve the guidance choose to use another data source. Also,
instruments, call the HRSA Reports and forms. The proposed revisions are notes from the prior year’s submission
Clearance Officer at (301) 443–1129. editorial and technical revisions based are available to the states allowing for
Comments are invited on: (a) Whether on the experience of the states and more efficient updating through edits
the proposed collection of information jurisdictions in using the guidance and rather then recreating them. Data are
is necessary for the proper performance forms since 2003. entered once (in a data entry field on a
of the functions of the agency, including Two new performance measures were given form), and where those data are
whether the information shall have developed (obesity in children aged 2 to referenced elsewhere, the value is
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