Organ Procurement and Transplantation Network, 11420-11422 [E8-3994]
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11420
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
and the number of requests, it may be
necessary to limit the time of each presenter.
Contact Person for More Information:
Claudine Johnson, Clerk, Lead Poisoning
Prevention Branch, Division of
Environmental Emergency Health Services,
National Center for Environmental Health,
CDC, 4770 Buford Hwy., NE., Mailstop F–60,
Atlanta, GA 30341, Telephone: (770) 488–
3629, Fax (770) 488–3635.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Dated: February 27, 2008.
Diane Allen,
Acting Director, Management Analysis and
Services Office, Centers for Disease Control
and Prevention.
[FR Doc. E8–4085 Filed 2–29–08; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2008–D–0118]
Draft Guidance for Industry on
Diabetes Mellitus: Developing Drugs
and Therapeutic Biologics for
Treatment and Prevention; Availability
AGENCY:
Food and Drug Administration,
HHS.
rmajette on PROD1PC64 with NOTICES
ACTION:
Notice.
SUMMARY: The Food and Drug
Administration (FDA) is announcing the
availability of a draft guidance for
industry entitled ‘‘Diabetes Mellitus:
Developing Drugs and Therapeutic
Biologics for Treatment and
Prevention.’’ The draft guidance
provides recommendations for industry
for developing drugs and therapeutic
biologics for the prevention and
treatment of diabetes mellitus. Because
diabetes mellitus has reached epidemic
proportions in the United States, FDA
recognizes the need for new products
that can be used as part of a
comprehensive treatment strategy in the
treatment and prevention of diabetes. In
addition to the draft guidance, FDA
plans to convene a public advisory
committee meeting to specifically
discuss new approaches for the
development of products for the
treatment of diabetes, with particular
emphasis on the design and
implementation of studies to assess
long-term cardiovascular risks and
benefits of these new products. FDA
plans to announce the meeting date in
a future issue of the Federal Register.
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15:33 Feb 29, 2008
Jkt 214001
Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
written or electronic comments on the
draft guidance by May 2, 2008.
ADDRESSES: Submit written requests for
single copies of the draft guidance to the
Division of Drug Information (HFD–
240), Center for Drug Evaluation and
Research, Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857. Send one selfaddressed adhesive label to assist that
office in processing your requests.
Submit written comments on the draft
guidance to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Submit
electronic comments to https://
www.regulations.gov. See the
SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance
document.
FOR FURTHER INFORMATION CONTACT: Ilan
Irony, Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 22, rm. 3100, Silver Spring,
MD 20993–0002, 301–796–2290.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Diabetes Mellitus: Developing Drugs
and Therapeutic Biologics for Treatment
and Prevention.’’ Although a number of
drugs are available for the treatment of
type 1 and type 2 diabetes, many
patients remain inadequately controlled,
and thus are exposed to a higher risk of
long-term complications. This draft
guidance provides recommendations on
the following topics related to the
treatment of type 1 and type 2 diabetes
mellitus:
• Diabetes-specific preclinical
studies;
• Different study designs in different
phases of drug development for both
type 1 and type 2 diabetes;
• Study endpoints in the assessment
of pharmacokinetic/pharmacodynamic
profiles and for efficacy and safety
assessment in treating patients with
diabetes;
• Study population considerations in
different phases of development;
• Sample sizes;
• Study duration; and
• Specific statistical issues related to
development of drugs and biologics
intended for the treatment of diabetes.
The draft guidance also provides
recommendations regarding the
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Sfmt 4703
development of products for the
prevention of both type 1 and type 2
diabetes.
This draft guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent the agency’s current thinking
on the treatment and prevention of
diabetes mellitus. It does not create or
confer any rights for or on any person
and does not operate to bind FDA or the
public. An alternative approach may be
used if such approach satisfies the
requirements of the applicable statutes
and regulations.
II. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper 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 Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Web site transitioned to the
Federal Dockets Management System
(FDMS). FDMS is a Government-wide,
electronic docket management system.
Electronic submissions will be accepted
by FDA through FDMS only.
III. Electronic Access
Persons with access to the Internet
may obtain the document at either
https://www.fda.gov/cder/guidance/
index.htm or https://www.fda.gov/
ohrms/dockets/default.htm.
Dated: February 25, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8–3974 Filed 2–29–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Organ Procurement and
Transplantation Network
Health Resources and Services
Administration (HRSA), HHS.
ACTION: Request for information.
AGENCY:
SUMMARY: HRSA, Healthcare Systems
Bureau, Division of Transplantation
(DoT) is in the process of information-
E:\FR\FM\03MRN1.SGM
03MRN1
rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
gathering to assist in determining
whether it should engage in rulemaking
with respect to vascularized composite
allografts, described more fully below.
The purpose of this solicitation is to
receive feedback from stakeholders and
the public on the following questions:
(1) Whether vascularized composite
allografts should be included within the
definition of organs covered by the
regulations governing the operation of
the Organ Procurement and
Transplantation Network (OPTN)
(referred to here as the ‘‘final rule’’), and
regulated as such, and the likely impact
of such an amendment; (2) whether
vascularized composite allografts
should be added to the definition of
human organs covered by section 301 of
the National Organ Transplant Act of
1984, as amended, (NOTA) and the
likely impact of such an addition; and
(3) if either of these changes are
pursued, the optimal way to define
vascularized composite allografts for the
above-described purposes.
This Request for Information is
limited to information-gathering and is
not a proposal to make any
determinations regarding Federal
oversight of vascularized composite
allografts.
DATES: Written comments must be
received at HRSA by May 2, 2008.
Comments will be made publicly
available by submitting a written
request to the address below.
In addition, HRSA will hold a
meeting to which the public and all
stakeholders are invited for discussion
and recommendations about the issues
described above. The meeting will be
held on Friday, April 4, 2008, from 10
a.m. to 4 p.m., at the Parklawn Building,
5600 Fishers Lane, Rockville, MD
20057.
ADDRESSES: Please send all written
comments to James F. Burdick, M.D.,
Director, Division of Transplantation,
Healthcare Systems Bureau, Health
Resources and Services Administration,
5600 Fishers Lane, Room12C–06,
Rockville, Maryland 20857; telephone
(301) 443–7577; fax (301) 594–6095; or
e-mail: jburdick@hrsa.gov.
Requests to attend the meeting in
person should be addressed to Elizabeth
Ortiz-Rios, M.D., M.P.H., Chief Medical
Officer, Division of Transplantation,
Healthcare Systems Bureau, Health
Resources and Services Administration,
5600 Fishers Lane, Room 12C–06,
Rockville, Maryland 20857; telephone
(301) 443–4423; fax (301) 594–6095; or
e-mail: EOrtiz-Rios@hrsa.gov. A call-in
number will be provided for individuals
who would like to participate by phone.
The call-in information will be posted
VerDate Aug<31>2005
15:33 Feb 29, 2008
Jkt 214001
in the ‘Highlights’ section on the home
page of https://www.organdonor.gov. If
you plan to participate by phone, we
request that you notify Dr. Ortiz-Rios by
e-mail at EOrtiz-Rios@hrsa.gov no later
than March 24, 2008, so that we can
better estimate the number of phone
lines that will be needed. Please include
in the subject line of electronic
correspondence ‘‘Vascularized
Composite Allografts.’’
Docket: For access to the docket to
read background documents or
comments received, phone (301) 443–
7577 to schedule an appointment to
view public comments.
FOR FURTHER INFORMATION CONTACT:
James F. Burdick, M.D., Director,
Division of Transplantation, Healthcare
Systems Bureau, Health Resources and
Services Administration, at the contact
information cited above.
SUPPLEMENTARY INFORMATION:
Background and General Questions
The first successful hand transplant in
the United States was performed in
1999. Worldwide there have been over
two dozen limb transplants, at least two
transplants of portions of the face, and
a small number of transplants of other
such anatomical parts (e.g., abdominal
wall, vascularized skeletal muscle,
uterus, digits, thymus). Although the
body parts involved vary significantly,
two characteristics that are shared in
such transplants are that they are
susceptible to ischemia (damage or
death from lack of blood flow) and their
need for revascularization, done through
a surgical reconnection of blood vessels
to accomplish the transplant, as
opposed to secondary ingrowth of
vessels. In viable vascularized
transplants, immunosuppression is
necessary to prevent or treat rejection.
This immunosuppression has risks,
which have been justified in patients
needing organs as presently defined in
the final rule, because of their lifesaving
potential. In the past, the risks of
immunosuppression have inhibited
transplantation of vascularized
composite allografts because the risks
associated with the prolonged use of
immunosuppressive drugs were thought
to exceed the expected benefits of the
transplant. However, the powerful
impact these transplants can have to
overcome and improve the quality of
life for individuals with grievous
disabilities has become increasingly
apparent. Coupled with this,
immunosuppressive management for
these transplants has improved so that
risks associated with
immunosuppression, such as cancer,
infection, or other morbidities in
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Fmt 4703
Sfmt 4703
11421
recipients are lessened considerably.
For these reasons, it is likely that the
numbers of vascularized composite
allografts transplanted will increase in
the future. Given this anticipated
increase, HRSA is considering the
advisability of proposing that such
transplants (i.e., transplants of
vascularized composite allografts) be
regulated under the final rule and
governed by section 301 of NOTA.
HRSA is considering whether to
propose that viable vascularized
composite allografts, or body segments,
be considered organs subject to the
oversight of the OPTN under the
authority of the final rule. This might be
accomplished by adding vascularized
composite allografts to the final rule’s
definition of organs through rulemaking.
Currently, the final rule defines covered
organs as ‘‘a human kidney, liver, heart,
lung, or pancreas, or intestine
(including the esophagus, stomach,
small and/or large intestine, or any
portion of the gastrointestinal tract).
Blood vessels recovered from an organ
donor during the recovery of such
organ(s) are considered part of an organ
with which they are procured for
purposes of this part if the vessels are
intended for use in organ
transplantation and labeled ‘For use in
organ transplantation only.’ ’’ Once a
body part is considered an organ under
the final rule, transplants involving
such organs are subject to the
requirements of the final rule. For
example, entities performing transplants
with the organs must receive
designation as an organ-specific
designated transplant program within
an OPTN member institution. In
addition, OPTN members must comply
with the final rule’s data submission
requirements with respect to the
transplants performed. In addition,
OPTN members are subject to oversight
by the OPTN contractor for compliance
with OPTN policies regarding donor
screening and allocation, and may be
subject to enforcement actions for
violations of such policies.
The Definition of Organs Under the
Final Rule
HRSA is seeking feedback from
stakeholders and from the public about
the advisability of exploring rulemaking
to include vascularized composite
allografts within this definition of
organs, as well as the potential
ramifications of such a change. If, upon
consideration of public comments,
HRSA is persuaded that such a change
may be warranted, HRSA may initiate
rulemaking setting forth a more specific
set of proposals.
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03MRN1
11422
Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices
rmajette on PROD1PC64 with NOTICES
For example, HRSA is interested in
the public’s assessment of the likely
impact if OPTN policies concerning
issues such as membership designation
to receive organs, the retrieval of organs,
allocation of organs, data collection and
reporting, and OPTN policy compliance
oversight were extended to vascularized
composite allograft transplants. HRSA
seeks feedback concerning whether
regulation under the OPTN final rule
would be effective in addressing special
safety and allocation issues presented
by vascularized composite allograft
transplants as the field grows. Further,
HRSA is interested in the public’s
assessment as to whether the clinical
aspects of transplants of such
vascularized composite allografts are
more analogous to transplants of organs,
as defined currently by the final rule,
than to conventional tissue
transplantation without surgical
revascularization.
Presently, it is HRSA’s understanding
that these transplants of vascularized
composite allografts are done by
individual arrangements with local
organ procurement organizations
(OPOs) to allow retrieval of the needed
structure during routine deceased donor
organ retrievals. However, some of these
vascularized composite allografts, e.g.,
testes, ovaries, or other endocrine
glands, may come from living donors.
HRSA is interested in perceived
vulnerabilities concerning the current
regulatory status of such transplants and
the potential benefits of subjecting such
transplants to the oversight of the OPTN
and HRSA under the final rule.
The Definition of Human Organs Under
Section 301 of NOTA
HRSA is also seeking feedback as to
whether it should explore rulemaking to
add vascularized composite allografts to
the definition of human organs covered
by section 301 of NOTA, as well as the
potential consequences of such an
action. Section 301 prohibits the
purchase, sale, or other exchange for
valuable consideration of human organs
for transplantation. Although the statute
lists covered human organs, the
Secretary is authorized to add to this list
through rulemaking. ‘‘Human organ,’’ as
defined by NOTA and modified by the
Secretary, means ‘‘the human (including
fetal) kidney, liver, heart, lung,
pancreas, bone marrow, cornea, eye,
bone, skin, and intestine, including the
esophagus, stomach, small and/or large
intestine, or any portion of the
gastrointestinal tract.’’ Adding to the
definition of human organs covered by
section 301 would make transfers of
organs meeting the statute’s
requirements subject to its criminal
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15:33 Feb 29, 2008
Jkt 214001
sanctions. If, after receiving public
comments, HRSA is persuaded that a
change to this definition may be
appropriate, HRSA may initiate
rulemaking setting forth a more specific
set of proposals.
Defining Vascularized Composite
Allografts
To assist the Secretary in the event
that he proposes, through rulemaking, to
add vascularized composite allografts to
the definition of organs covered by the
final rule and/or to the definition of
human organs governed by section 301
of NOTA, HRSA seeks feedback from
stakeholders and from the public as to
how such allografts should be defined.
HRSA has identified two potential
approaches.
Under the first approach, a regulatory
definition could be broad, describing
the features of the allografts without
listing particular body parts. Under such
an approach, the definition might
extend to transplants of body parts that
are not known to have been performed
clinically to date, or even to body parts
whose transplantation has not yet been
envisioned. HRSA is interested in what
elements would need to be included in
such a definition in order to be broad
enough to cover the universe of
intended body parts, but narrow enough
to put the public on notice as to which
parts meet the regulatory definitions of
organs. Shared characteristics that might
be included in a regulatory definition
could include some or all of the
following: (1) A vascularized allograft
containing multiple tissue types; (2)
recovered from a human donor as an
anatomical/structural unit; (3)
transplanted into a human recipient as
an anatomical/structural unit; (4)
minimally manipulated, as defined by
FDA in Title 21 CFR 1271.3(f); (5) for
homologous use as defined by FDA in
Title 21 CFR 1271.3(c); (6) not combined
with another article such as a device; (7)
used fresh and not cryopreserved; (8)
susceptible to ischemia and, therefore,
only stored temporarily (e.g., cold
storage in preservation medium and
intended for implantation into a
recipient within hours of the recovery);
and (9) susceptible to allograft rejection
which requires immunosuppression that
may increase infectious disease risk to
the recipient. HRSA seeks feedback
from the public as to whether some or
all of these characteristics describe
vascularized composite allografts,
which would be included in the
definition of organ. HRSA invites
feedback on such an approach as well
as the particular characteristics listed
here and invites suggestions concerning
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Sfmt 4703
the advisability of including any
additional characteristics.
Under a second alternative, HRSA
could propose a definition that lists
specific body parts to be added to the
definition of organs (e.g., face, hand,
etc.). HRSA seeks feedback as to the
feasibility of creating such a definition,
which body parts should be included in
such a definition, and whether such a
definition would necessarily exclude
certain body parts for which
transplantation might be possible, but
has not been performed to date (either
in the United States or internationally).
Following this comment period and
meeting, if HRSA decides to proceed
with rulemaking to include vascularized
composite allografts in the definition of
organ, this decision will be written and
published as a Notice of Proposed
Rulemaking.
Dated: February 20, 2008.
Elizabeth M. Duke,
Administrator.
[FR Doc. E8–3994 Filed 2–29–08; 8:45 am]
BILLING CODE 4165–15–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Cancer Institute; Notice of
Closed Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), notice
is hereby given of the following
meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications
and/or contract proposals and the
discussions could disclose confidential
trade secrets or commercial property
such as patentable material, and
personal information concerning
individuals associated with the grant
applications and/or contract proposals,
the disclosure of which would
constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Cancer
Institute Special Emphasis Panel,
Innovations in Cancer Sample Preparation.
Date: March 20, 2008.
Time: 8 a.m. to 8 p.m.
Agenda: To review and evaluate grant
applications.
Place: Bethesda Marriott Suites, 6711
Democracy Boulevard, Bethesda, MD 20817.
Contact Person: Sherwood Githens, PhD,
Scientific Review Officer, Special Review
and Logistics Branch, Division of Extramural
Activities, National Cancer Institute, 6116
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11420-11422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3994]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Organ Procurement and Transplantation Network
AGENCY: Health Resources and Services Administration (HRSA), HHS.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: HRSA, Healthcare Systems Bureau, Division of Transplantation
(DoT) is in the process of information-
[[Page 11421]]
gathering to assist in determining whether it should engage in
rulemaking with respect to vascularized composite allografts, described
more fully below. The purpose of this solicitation is to receive
feedback from stakeholders and the public on the following questions:
(1) Whether vascularized composite allografts should be included within
the definition of organs covered by the regulations governing the
operation of the Organ Procurement and Transplantation Network (OPTN)
(referred to here as the ``final rule''), and regulated as such, and
the likely impact of such an amendment; (2) whether vascularized
composite allografts should be added to the definition of human organs
covered by section 301 of the National Organ Transplant Act of 1984, as
amended, (NOTA) and the likely impact of such an addition; and (3) if
either of these changes are pursued, the optimal way to define
vascularized composite allografts for the above-described purposes.
This Request for Information is limited to information-gathering
and is not a proposal to make any determinations regarding Federal
oversight of vascularized composite allografts.
DATES: Written comments must be received at HRSA by May 2, 2008.
Comments will be made publicly available by submitting a written
request to the address below.
In addition, HRSA will hold a meeting to which the public and all
stakeholders are invited for discussion and recommendations about the
issues described above. The meeting will be held on Friday, April 4,
2008, from 10 a.m. to 4 p.m., at the Parklawn Building, 5600 Fishers
Lane, Rockville, MD 20057.
ADDRESSES: Please send all written comments to James F. Burdick, M.D.,
Director, Division of Transplantation, Healthcare Systems Bureau,
Health Resources and Services Administration, 5600 Fishers Lane,
Room12C-06, Rockville, Maryland 20857; telephone (301) 443-7577; fax
(301) 594-6095; or e-mail: jburdick@hrsa.gov.
Requests to attend the meeting in person should be addressed to
Elizabeth Ortiz-Rios, M.D., M.P.H., Chief Medical Officer, Division of
Transplantation, Healthcare Systems Bureau, Health Resources and
Services Administration, 5600 Fishers Lane, Room 12C-06, Rockville,
Maryland 20857; telephone (301) 443-4423; fax (301) 594-6095; or e-
mail: EOrtiz-Rios@hrsa.gov. A call-in number will be provided for
individuals who would like to participate by phone. The call-in
information will be posted in the `Highlights' section on the home page
of https://www.organdonor.gov. If you plan to participate by phone, we
request that you notify Dr. Ortiz-Rios by e-mail at EOrtiz-
Rios@hrsa.gov no later than March 24, 2008, so that we can better
estimate the number of phone lines that will be needed. Please include
in the subject line of electronic correspondence ``Vascularized
Composite Allografts.''
Docket: For access to the docket to read background documents or
comments received, phone (301) 443-7577 to schedule an appointment to
view public comments.
FOR FURTHER INFORMATION CONTACT: James F. Burdick, M.D., Director,
Division of Transplantation, Healthcare Systems Bureau, Health
Resources and Services Administration, at the contact information cited
above.
SUPPLEMENTARY INFORMATION:
Background and General Questions
The first successful hand transplant in the United States was
performed in 1999. Worldwide there have been over two dozen limb
transplants, at least two transplants of portions of the face, and a
small number of transplants of other such anatomical parts (e.g.,
abdominal wall, vascularized skeletal muscle, uterus, digits, thymus).
Although the body parts involved vary significantly, two
characteristics that are shared in such transplants are that they are
susceptible to ischemia (damage or death from lack of blood flow) and
their need for revascularization, done through a surgical reconnection
of blood vessels to accomplish the transplant, as opposed to secondary
ingrowth of vessels. In viable vascularized transplants,
immunosuppression is necessary to prevent or treat rejection. This
immunosuppression has risks, which have been justified in patients
needing organs as presently defined in the final rule, because of their
lifesaving potential. In the past, the risks of immunosuppression have
inhibited transplantation of vascularized composite allografts because
the risks associated with the prolonged use of immunosuppressive drugs
were thought to exceed the expected benefits of the transplant.
However, the powerful impact these transplants can have to overcome and
improve the quality of life for individuals with grievous disabilities
has become increasingly apparent. Coupled with this, immunosuppressive
management for these transplants has improved so that risks associated
with immunosuppression, such as cancer, infection, or other morbidities
in recipients are lessened considerably. For these reasons, it is
likely that the numbers of vascularized composite allografts
transplanted will increase in the future. Given this anticipated
increase, HRSA is considering the advisability of proposing that such
transplants (i.e., transplants of vascularized composite allografts) be
regulated under the final rule and governed by section 301 of NOTA.
HRSA is considering whether to propose that viable vascularized
composite allografts, or body segments, be considered organs subject to
the oversight of the OPTN under the authority of the final rule. This
might be accomplished by adding vascularized composite allografts to
the final rule's definition of organs through rulemaking. Currently,
the final rule defines covered organs as ``a human kidney, liver,
heart, lung, or pancreas, or intestine (including the esophagus,
stomach, small and/or large intestine, or any portion of the
gastrointestinal tract). Blood vessels recovered from an organ donor
during the recovery of such organ(s) are considered part of an organ
with which they are procured for purposes of this part if the vessels
are intended for use in organ transplantation and labeled `For use in
organ transplantation only.' '' Once a body part is considered an organ
under the final rule, transplants involving such organs are subject to
the requirements of the final rule. For example, entities performing
transplants with the organs must receive designation as an organ-
specific designated transplant program within an OPTN member
institution. In addition, OPTN members must comply with the final
rule's data submission requirements with respect to the transplants
performed. In addition, OPTN members are subject to oversight by the
OPTN contractor for compliance with OPTN policies regarding donor
screening and allocation, and may be subject to enforcement actions for
violations of such policies.
The Definition of Organs Under the Final Rule
HRSA is seeking feedback from stakeholders and from the public
about the advisability of exploring rulemaking to include vascularized
composite allografts within this definition of organs, as well as the
potential ramifications of such a change. If, upon consideration of
public comments, HRSA is persuaded that such a change may be warranted,
HRSA may initiate rulemaking setting forth a more specific set of
proposals.
[[Page 11422]]
For example, HRSA is interested in the public's assessment of the
likely impact if OPTN policies concerning issues such as membership
designation to receive organs, the retrieval of organs, allocation of
organs, data collection and reporting, and OPTN policy compliance
oversight were extended to vascularized composite allograft
transplants. HRSA seeks feedback concerning whether regulation under
the OPTN final rule would be effective in addressing special safety and
allocation issues presented by vascularized composite allograft
transplants as the field grows. Further, HRSA is interested in the
public's assessment as to whether the clinical aspects of transplants
of such vascularized composite allografts are more analogous to
transplants of organs, as defined currently by the final rule, than to
conventional tissue transplantation without surgical revascularization.
Presently, it is HRSA's understanding that these transplants of
vascularized composite allografts are done by individual arrangements
with local organ procurement organizations (OPOs) to allow retrieval of
the needed structure during routine deceased donor organ retrievals.
However, some of these vascularized composite allografts, e.g., testes,
ovaries, or other endocrine glands, may come from living donors. HRSA
is interested in perceived vulnerabilities concerning the current
regulatory status of such transplants and the potential benefits of
subjecting such transplants to the oversight of the OPTN and HRSA under
the final rule.
The Definition of Human Organs Under Section 301 of NOTA
HRSA is also seeking feedback as to whether it should explore
rulemaking to add vascularized composite allografts to the definition
of human organs covered by section 301 of NOTA, as well as the
potential consequences of such an action. Section 301 prohibits the
purchase, sale, or other exchange for valuable consideration of human
organs for transplantation. Although the statute lists covered human
organs, the Secretary is authorized to add to this list through
rulemaking. ``Human organ,'' as defined by NOTA and modified by the
Secretary, means ``the human (including fetal) kidney, liver, heart,
lung, pancreas, bone marrow, cornea, eye, bone, skin, and intestine,
including the esophagus, stomach, small and/or large intestine, or any
portion of the gastrointestinal tract.'' Adding to the definition of
human organs covered by section 301 would make transfers of organs
meeting the statute's requirements subject to its criminal sanctions.
If, after receiving public comments, HRSA is persuaded that a change to
this definition may be appropriate, HRSA may initiate rulemaking
setting forth a more specific set of proposals.
Defining Vascularized Composite Allografts
To assist the Secretary in the event that he proposes, through
rulemaking, to add vascularized composite allografts to the definition
of organs covered by the final rule and/or to the definition of human
organs governed by section 301 of NOTA, HRSA seeks feedback from
stakeholders and from the public as to how such allografts should be
defined. HRSA has identified two potential approaches.
Under the first approach, a regulatory definition could be broad,
describing the features of the allografts without listing particular
body parts. Under such an approach, the definition might extend to
transplants of body parts that are not known to have been performed
clinically to date, or even to body parts whose transplantation has not
yet been envisioned. HRSA is interested in what elements would need to
be included in such a definition in order to be broad enough to cover
the universe of intended body parts, but narrow enough to put the
public on notice as to which parts meet the regulatory definitions of
organs. Shared characteristics that might be included in a regulatory
definition could include some or all of the following: (1) A
vascularized allograft containing multiple tissue types; (2) recovered
from a human donor as an anatomical/structural unit; (3) transplanted
into a human recipient as an anatomical/structural unit; (4) minimally
manipulated, as defined by FDA in Title 21 CFR 1271.3(f); (5) for
homologous use as defined by FDA in Title 21 CFR 1271.3(c); (6) not
combined with another article such as a device; (7) used fresh and not
cryopreserved; (8) susceptible to ischemia and, therefore, only stored
temporarily (e.g., cold storage in preservation medium and intended for
implantation into a recipient within hours of the recovery); and (9)
susceptible to allograft rejection which requires immunosuppression
that may increase infectious disease risk to the recipient. HRSA seeks
feedback from the public as to whether some or all of these
characteristics describe vascularized composite allografts, which would
be included in the definition of organ. HRSA invites feedback on such
an approach as well as the particular characteristics listed here and
invites suggestions concerning the advisability of including any
additional characteristics.
Under a second alternative, HRSA could propose a definition that
lists specific body parts to be added to the definition of organs
(e.g., face, hand, etc.). HRSA seeks feedback as to the feasibility of
creating such a definition, which body parts should be included in such
a definition, and whether such a definition would necessarily exclude
certain body parts for which transplantation might be possible, but has
not been performed to date (either in the United States or
internationally).
Following this comment period and meeting, if HRSA decides to
proceed with rulemaking to include vascularized composite allografts in
the definition of organ, this decision will be written and published as
a Notice of Proposed Rulemaking.
Dated: February 20, 2008.
Elizabeth M. Duke,
Administrator.
[FR Doc. E8-3994 Filed 2-29-08; 8:45 am]
BILLING CODE 4165-15-P