Grants for Education Programs in Occupational Safety and Health, 26464 [2015-11141]
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26464
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations
effective on May 5, 2015, as provided in
the February 19, 2015 direct final rule.
Accordingly, the amendments to 40
CFR 80.1453, 80.1616 and 80.1621 on
February 19, 2015 (80 FR 9078), are
withdrawn as of May 5, 2015.
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Diesel fuel, Fuel
additives, Gasoline, Imports,
Incorporation by reference, Labeling,
Motor vehicle pollution, Penalties,
Petroleum, Reporting and recordkeeping
requirements.
Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015–10487 Filed 5–6–15; 4:15 pm]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Public Health Service
42 CFR Part 86
Grants for Education Programs in
Occupational Safety and Health
CFR Correction
In Title 42 of the Code of Federal
Regulations, Parts 1 to 399, revised as of
October 1, 2014, on page 668, in § 86.33,
in paragraph (b), remove the term
‘‘068’’.
■
[FR Doc. 2015–11141 Filed 5–7–15; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 121
RIN 0906–AB05
Organ Procurement and
Transplantation: Implementation of the
HIV Organ Policy Equity Act
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
AGENCY:
This final rule amends the
regulations implementing the National
Organ Transplant Act of 1984, as
amended, (NOTA) pursuant to statutory
requirements of the HIV Organ Policy
Equity Act (HOPE Act), enacted in 2013.
In accordance with the mandates of the
HOPE Act, this regulation removes the
current regulatory provision that
SUMMARY:
VerDate Sep<11>2014
15:55 May 07, 2015
Jkt 235001
requires the Organ Procurement
Transplantation Network (OPTN) to
adopt and use standards for preventing
the acquisition of organs from
individuals known to be infected with
human immunodeficiency virus (HIV).
In its place, this regulation includes
new requirements that organs from
individuals infected with HIV may be
transplanted only into individuals who
are infected with HIV before receiving
such organs and who are participating
in clinical research approved by an
institutional review board, as provided
by regulation. The only exception to this
requirement of participation in such
clinical research is if the Secretary
publishes a determination in the future
that participation in such clinical
research, as a requirement for
transplants of organs from individuals
infected with HIV, is no longer
warranted.
In addition, this regulatory change
establishes that OPTN standards must
ensure that any HIV-infected transplant
recipients are participating in clinical
research in accordance with the
research criteria to be published by the
Secretary. Alternately, if and when the
Secretary determines that participation
in such clinical research should no
longer be a requirement for transplants
with organs from donors infected with
HIV to individuals infected with HIV,
the regulation mandates that the OPTN
adopt and use standards of quality, as
directed by the Secretary, consistent
with the law and in a way that ensures
the changes will not reduce the safety of
organ transplantation.
DATES: This final rule is effective June
8, 2015.
FOR FURTHER INFORMATION CONTACT:
Robert W. Walsh, Director, Division of
Transplantation, Healthcare Systems
Bureau, Health Resources and Services
Administration, 5600 Fishers Lane,
Room 8W37, Rockville, MD 20857; or by
telephone (301) 443–7577.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Health and
Human Services (HHS), Health
Resources and Services
Administration’s (HRSA), Healthcare
Systems Bureau (HSB), Division of
Transplantation (DoT) is responsible for
overseeing the operation of the nation’s
Organ Procurement and Transplantation
Network (OPTN), which has
responsibilities including the equitable
allocation of donor organs for
transplantation. The allocation of organs
is guided by organ allocation policies
developed by the OPTN in accordance
with the regulations governing the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
operation of the OPTN (sometimes
referred to as the ‘‘OPTN final rule’’ and
herein referred to as ‘‘OPTN
regulations’’) (42 CFR part 121). The
OPTN is also charged with developing
policies on many subjects, including
standards of quality pertaining to organs
procured for use in transplantation. In
addition to the efficient and effective
allocation of donor organs through the
OPTN, the Secretary also supports
efforts to increase the supply of donor
organs made available through
transplantation.
II. Summary of the HOPE Act
Prior to the enactment of the HOPE
Act, Public Law 113–51 (November 21,
2013), NOTA required the OPTN to
adopt and use standards of quality for
preventing the acquisition of organs
from individuals known to be infected
with HIV. This requirement was further
incorporated into regulation at 42 CFR
121.6(b). Thus, OPTN members were
prohibited from transplanting organs
from individuals known to be infected
with HIV into patients (including
patients infected with HIV).
The HOPE Act made an important
change with respect to the
transplantation of organs from
individuals infected with HIV. Pursuant
to the HOPE Act, organs from
individuals infected with HIV may be
transplanted so long as two sets of
requirements are satisfied. First, organs
from individuals infected with HIV may
be transplanted only into individuals
who were infected with HIV prior to
receiving such an organ.
Second, transplants from individuals
infected with HIV are subject to one of
two oversight frameworks. Specifically,
under the initial framework envisioned
by the HOPE Act, all recipients of
organs from individuals infected with
HIV must be participating in clinical
research approved by an institutional
review board under research criteria to
be published by the Secretary as
described in the HOPE Act and the
standards of quality implemented by the
OPTN pursuant to the HOPE Act. Based
on this change, all transplant centers
conducting such clinical research will
be required to comply with research
criteria published by the Secretary
under subsection (a) of section 377E of
the Public Health Service Act, as
amended. Alternately, if the Secretary
determines that participation in such
clinical research is no longer warranted
as a requirement for transplants of
organs from individuals infected with
HIV, the Secretary will publish such a
determination. The Secretary must then,
consistent with the HOPE Act, direct the
OPTN to revise its standards, consistent
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Agencies
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Page 26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11141]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
42 CFR Part 86
Grants for Education Programs in Occupational Safety and Health
CFR Correction
0
In Title 42 of the Code of Federal Regulations, Parts 1 to 399, revised
as of October 1, 2014, on page 668, in Sec. 86.33, in paragraph (b),
remove the term ``068''.
[FR Doc. 2015-11141 Filed 5-7-15; 8:45 am]
BILLING CODE 1505-01-D