[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)] [Proposed Rules] [Pages 14390-14391] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-7668] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 801, 803, 804, 806, 807, 810, 820, 821, 1002, and 1020 [Docket No. 97N-0447] RIN 0910-ZA09 Medical Devices; Review and Revision of Compliance Policy Guides and Regulatory Requirements for Refurbishers, Rebuilders, Reconditioners, Servicers and ``As Is'' Remarketers of Medical Devices; Request for Comments and Information; Extension of Comment Period AGENCY: Food and Drug Administration, HHS. ACTION: Advance notice of proposed rulemaking; extension of comment period. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is extending to June 29, 1998, the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of December 23, 1997 (62 FR 67011). This advance notice announced FDA's intention to review and, as needed, to revise compliance policy guides, amend regulatory requirements and, as appropriate, exercise alternative regulatory approaches regarding the remarketing of used medical devices. The agency is taking this action in response to two requests for extensions. This extension of comment period is intended to allow interested persons additional time to submit comments on the ANPRM. DATES: Written comments by June 29, 1998. ADDRESSES: Submit written comments to the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: Casper E. Uldriks, Center for Devices and Radiological Health (HFZ-300), Food and Drug Administration, 2098 Gaither Rd., Rockville, MD 20850, 301-594-4692. SUPPLEMENTARY INFORMATION: In the Federal Register of December 23, 1997 (62 FR 67011), FDA published an ANPRM announcing the agency's intention to review and, as needed, to revise compliance policy guides (CPG's), amend regulatory requirements and, as appropriate, exercise alternative regulatory approaches with respect to the remarketing of used medical [[Page 14391]] devices. This reexamination of device remarketing issues is being undertaken, in part, because of competing interests and equity concerns raised by manufacturers, device remarketers, and others, during the rulemaking process for the agency's Quality System (Q/S) regulation part 820 (21 CFR part 820). It provides a method of addressing whether, and to what degree, current good manufacturing practice requirements in the Q/S regulation should be applied by the agency to firms, other than manufacturers and remanufacturers, which process and/or remarket previously used devices outside the control of the device's original manufacturer. The agency's reassessment is also being undertaken, in part, because of FDA's experience in implementing CPG's 7133.20 and 7124.28. These guides identify what statutory and regulatory requirements, which control the activities of manufacturers, are applicable to the activities of firms considered to be x-ray tube reloaders, or device reconditioners or rebuilders. Agency experience indicates that many firms are unaware of these compliance guides or their own compliance responsibilities, or use other terms to describe their activities. The reassessment is also warranted on the basis of FDA's knowledge of changes in industry practices in the remarketing of used devices. As a consequence of the previous factors, and for purposes of discussion and public comment during the agency's reevaluation of device remarketing compliance issues, FDA is proposing to define the activities of device refurbishers, servicers, and ``as is'' remarketers on the basis that their various activities, in contrast to the activities of device remanufacturers defined in 21 CFR 820.3(w), do not significantly change a finished device's performance or safety specifications, or intended use(s). Having proposed to characterize such device processing and remarketing activities in this fashion, the agency is also considering alternative schemes or methods for applying certain regulatory controls to these activities on a voluntary or partial basis, or not at all. Comments, proposals for alternative regulatory schemes, and information were solicited by FDA from the public, the affected industry and other interested parties, in response to the ANPRM. FDA received two requests to extend the comment period. One requested 30 additional days to focus resources on the referenced matter. The other requested an extension of 180 days so that issues may be discussed further at the multi-day conference of a device industry association, scheduled for September 1998. FDA believes there is good cause to extend the comment period. However, FDA believes that a 180-extension period would unduly delay the process. Therefore, FDA is extending the comment period for 90 additional days. Interested persons may, on or before June 29,1998, submit to the Dockets Management Branch (address above) written comments regarding the December 23, 1997, ANPRM described above. 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. Dated: March 4, 1998. D. B. Burlington, Director, Center for Devices and Radiological Health. [FR Doc. 98-7668 Filed 3-24-98; 8:45 am] BILLING CODE 4160-01-F