Center for Devices and Radiological Health Ethylene Oxide Sterilization Master File Pilot Program

Published date26 November 2019
Citation84 FR 65162
Record Number2019-25631
SectionNotices
CourtFood And Drug Administration,Health And Human Services Department
Federal Register, Volume 84 Issue 228 (Tuesday, November 26, 2019)
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
                [Notices]
                [Pages 65162-65164]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-25631]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Food and Drug Administration
                [Docket No. FDA-2019-N-5465]
                Center for Devices and Radiological Health Ethylene Oxide
                Sterilization Master File Pilot Program
                AGENCY: Food and Drug Administration, HHS.
                ACTION: Notice.
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                SUMMARY: The Food and Drug Administration's (FDA or Agency or we)
                Center for Devices and Radiological Health (CDRH or Center) is
                announcing its Ethylene Oxide Sterilization Master File Pilot Program
                (``EtO Pilot Program''). The EtO Pilot Program is voluntary and intends
                to allow companies (``sterilization providers'') that sterilize single-
                use medical devices using fixed chamber ethylene oxide (EtO) to submit
                a Master File when making certain changes between sterilization sites
                or when making certain changes to sterilization processes that utilize
                reduced EtO concentrations. Under this voluntary program, manufacturers
                (``PreMarket Application (PMA) holders'') of Class III devices subject
                to premarket approval that are affected by such changes may, upon FDA's
                permission, reference the Master File submitted by their sterilization
                provider in a postapproval report in lieu of submission of a premarket
                approval application (PMA) supplement. The EtO Pilot Program seeks to
                help ensure patient access to safe medical devices while encouraging
                new, innovative ways to sterilize medical devices that reduce the
                potential impact of EtO on the environment and on the public health
                while providing a regulatory approach that would address potential
                device shortages.
                DATES: FDA is seeking participation in the voluntary EtO Pilot Program
                beginning November 26, 2019. See the ``Participation'' section for
                selection criteria for participation in the EtO Pilot Program and the
                ``Procedures'' section for instructions on how to submit a Master File
                for consideration for inclusion into the EtO Pilot Program. Up to nine
                eligible participants may be selected for the EtO Pilot Program.
                FOR FURTHER INFORMATION CONTACT: Steven Elliott, Center for Devices and
                Radiological Health, Food and Drug Administration, 10903 New Hampshire
                Ave., Bldg. 66, Rm. 4630, Silver Spring, MD 20993, 301-796-5285,
                [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                 EtO sterilization is an important sterilization method that is
                widely used to keep medical devices safe. Medical devices made from
                certain polymers (such as plastic or resin), metals, or glass--or
                devices that have multiple layers of packaging or hard-to-reach
                crevices (such as catheters)--are often sterilized with EtO to avoid
                product damage during the sterilization process. It is estimated that
                approximately 50 percent of all sterile medical devices in the United
                States are sterilized using EtO (Ref. 1).
                 For many medical devices, sterilization with EtO may be the only
                method \1\ currently evaluated that effectively sterilizes and does not
                damage the device during the sterilization process. However, there have
                been recent concerns about the effects of EtO exposure and
                environmental emissions. Earlier this year, the FDA was made aware of
                the closures of two device sterilization facilities due to concerns
                about the level of EtO emissions (Ref. 2). Since then, the Agency has
                been closely monitoring the situation and working with device
                manufacturers affected by the closures to minimize impact to patients
                who need device access. FDA continues to work with manufacturers on
                site changes and engage with manufacturers about potential solutions to
                shortage concerns. FDA has also taken several actions to advance
                medical device sterilization, including sponsoring two innovation
                challenges to identify alternatives to EtO sterilization methods (Ref.
                3) and approaches to reduce EtO emissions (Ref. 4), and convening the
                General Hospital and Personal Use Devices Panel on November 6 to 7,
                2019 (November 2019 Panel Meeting), to discuss the role of EtO
                sterilization in maintaining public health (84 FR 46546; see also Ref.
                5).
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                 \1\ In this notice, ``method'' generally refers to the type of
                sterilization and ``processes'' generally refers to steps within
                that method to achieve a sterile device. Changes from a conventional
                EtO cycle to reduced/optimized EtO cycles would be considered a
                process change.
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                 Before most sterile medical devices are on the market, FDA reviews
                premarket submissions to determine if the sterility information is
                adequate (e.g., in accordance with internationally agreed upon
                voluntary consensus standards that the FDA recognizes). If a medical
                device manufacturer changes the method, process, or the facility
                identified in its original PMA submission for sterilizing its devices,
                the manufacturer generally needs to submit a PMA supplement so the
                Agency can review these changes (Ref. 6). However, considering recent
                events and concerns regarding EtO emissions, FDA recognizes the need to
                facilitate timely site changes to keep supply interruptions at a
                minimum and to facilitate changes to sterilization processes that
                utilize reduced EtO concentrations. At the November 2019 Panel Meeting,
                FDA received feedback from Panel members and stakeholders that the
                Agency could help prevent medical device shortages and advance medical
                device sterilization by expediting approvals of certain changes to EtO
                sterilization methods, processes, and facilities (Ref. 5).
                 For these reasons, FDA is announcing and soliciting participation
                in the EtO Pilot Program. Under this pilot program, sterilization
                providers that sterilize single-use medical devices using fixed chamber
                EtO would submit a Master File when making certain changes between
                sterilization sites or when making certain changes to sterilization
                processes that utilize reduced EtO concentrations. Under this voluntary
                program, PMA holders of Class III devices affected by such changes may,
                upon FDA's permission, reference the Master File submitted by their
                sterilization provider in a postapproval report, in accordance with
                Sec. 814.84 (21 CFR 814.84), in lieu of submission of a PMA
                supplement, to satisfy the requirements of Sec. 814.39(a) and (e) (21
                CFR 814.39(a) and (e)). The pilot program is intended to provide
                expeditious review and feedback to sterilization providers and PMA
                holders on Master File submissions used to support changes made to
                sterilization site and/or processes in a postapproval report rather
                than a PMA supplement. FDA intends to evaluate pilot participation and
                the progress of the pilot in 6 months and provide any updates to the
                pilot in a subsequent notice, if appropriate. This postapproval report
                does not remove or replace the
                [[Page 65163]]
                requirement to submit periodic (annual) reports identifying changes
                made to the PMA under Sec. 814.39(b). At this time, PMAs reviewed by
                the Center for Biologics Evaluation and Research and PMAs for
                combination products \2\ are not eligible for this pilot.\3\
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                 \2\ See 21 CFR 3.2(e).
                 \3\ FDA is not including 510(k) devices within the scope of the
                pilot at this time. Manufacturers of 510(k) devices affected by such
                changes should evaluate the changes according to FDA's Guidance,
                ``Deciding When to Submit a 510(k) for a Change to an Existing
                Device'' in determining whether a new 510(k) is required (available
                at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/deciding-when-submit-510k-change-existing-device).
                Generally, a new 510(k) would not be required for the types of
                changes subject to this pilot.
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                 For the purposes of this document, the term ``sterilization
                provider'' is used to refer to a device manufacturer's own in-house
                sterilization facility or a device manufacturer's contract
                sterilization provider, and encompasses any subcontractor facilities
                utilizing the same quality system as the contract sterilization
                provider, as applicable. For the purposes of this document, the term
                ``Conventional EtO cycle'' is used to refer to an EtO cycle that
                utilizes concentrations of sterilant greater than 600 mg/L to sterilize
                medical devices, and the term ``Reduced/Optimized EtO Concentration
                cycle'' is used to refer to an EtO cycle that utilizes concentrations
                of sterilant significantly below 600 mg/L to sterilize medical devices.
                A. Participation
                 Up to nine sterilization providers are eligible to participate in
                this voluntary EtO Pilot Program. The pilot program is limited to
                selected sterilization providers that follow the procedures set forth
                in section I.B and that also meet the following selection qualities:
                 1. Be a sterilization provider of a single-use device that is
                provided sterile;
                 2. Be in good compliance standing with the Agency;
                 3. Have an approved fixed chamber EtO sterilization process for the
                device in an existing PMA; and
                 4. Be proposing one of the following changes:
                 a. A change from a Conventional EtO cycle at an existing PMA-
                approved sterilization site to a Conventional EtO cycle at a different
                site for the same sterilization provider (including EtO chamber changes
                within the same sterilization site);
                 b. A change from a Conventional EtO cycle at an existing PMA-
                approved sterilization site to a Reduced/Optimized EtO Concentration
                cycle at the same site for the same sterilization provider; or
                 c. A change from a Conventional EtO cycle at an existing PMA-
                approved sterilization site to a Reduced/Optimized EtO Concentration
                cycle at a different site for the same sterilization provider.
                 Sterilization processes that include cycle parameters (e.g.,
                increased temperature, pressure, humidity) outside validated tolerances
                that may impact device specifications, device performance, EtO
                residuals, biocompatibility or toxicology from the approved PMA device
                are outside the scope of the EtO Pilot Program. For site changes from a
                Conventional EtO cycle at an existing site to a Conventional EtO cycle
                at a different site (including EtO chamber changes within the same
                sterilization site) described in 4a above, the sterilization validation
                activities for the new cycle should be conducted in accordance with the
                validation activities in the manufacturer's approved PMA to be eligible
                for this pilot program. For changes from a Conventional EtO cycle to a
                Reduced/Optimized EtO Concentration cycle described in 4b and 4c above,
                the sterilization validation activities for the new cycle should
                conform to the FDA recognized consensus standard ISO 11135: 2014
                ``Sterilization of health care products--Ethylene oxide--Requirements
                for development, validation and routine control of a sterilization
                process for medical devices'' to be eligible for this pilot program.
                Participants who do not meet these criteria will be deemed ineligible
                for the EtO Pilot Program.
                 The following are outside the scope of the EtO Pilot Program and
                are inappropriate for inclusion in this program:
                 1. Reusable devices, reprocessed single-use devices, or devices
                that are provided non-sterile.
                 2. Sterilization providers that do not have an approved fixed
                chamber EtO sterilization process for the device in an existing PMA.
                 3. Changes in contract sterilization providers or addition of a new
                sterilization provider using a sterilization process not approved in an
                existing PMA.
                 4. Changes to device design, specifications, or materials.
                 5. Packaging changes.
                 6. Load configuration/composition changes.
                 7. Sterilization processes used only for intermediate processing
                prior to final device assembly.
                 8. Devices with alternate sterility assurance levels other than
                10-6.
                 9. Devices with specialized requirements for biocompatibility or
                sterilant residual compatibility that differ from ISO 10993-7
                ``Biological evaluation of medical devices--Part 7: Ethylene oxide
                sterilization residuals.''
                B. Procedures
                 While the sterilization provider serves as the primary participant
                of the EtO Pilot Program, FDA anticipates that close collaboration
                between sterilization providers and PMA holders will be necessary to
                ensure the success of the program. Accordingly, the procedures for
                sterilization providers and PMA holders are set forth below.
                1. Procedures for Sterilization Providers
                 To be considered for the voluntary EtO Pilot Program, a
                sterilization provider should submit the following information in a
                Master File for the Agency's review with a cover sheet clearly
                indicating ``Ethylene Oxide Sterilization Master File Pilot Program''
                in the subject heading:
                 a. Name, address, and FDA Establishment Identification (FEI) number
                of the proposed sterilization facility.
                 b. List of PMA device(s) to be sterilized (identified by
                manufacturer, trade name, model number, and PMA number) and letter of
                authorization from each PMA holder for each identified device.\4\
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                 \4\ List of device(s) should reflect known devices to be
                sterilized at the time of submission of the Master File. Subsequent
                revisions to the list of device(s) should be submitted as an
                amendment to the Master File.
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                 c. Clear identification of all responsibilities of the
                sterilization facility and the device manufacturer.
                 d. Complete description of all sterilization validation information
                \5\ used to support validation of the PMA device(s) under the proposed
                EtO sterilization process including:
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                 \5\ Sterilization providers may wish to refer to ISO 11135:2014
                for information regarding sterilization validation.
                ---------------------------------------------------------------------------
                 i. A risk analysis with identified risk mitigation measures to
                address any risks that may impact the PMA approved device with respect
                to its product parameters or safety and effectiveness profile.
                 ii. Installation Qualification, Operational Qualification, and
                Performance Qualification methodology.
                 iii. Clear, detailed product definition, along with a documented
                procedure for determining whether a device meets the product
                definition, or confirmation that the product definition has not
                differed from the approved PMA.
                 iv. All reports, protocols and process summaries presented in an
                easily understandable template that supports incorporation of the PMA
                device to be
                [[Page 65164]]
                sterilized in its defined package and load configuration.
                 v. The process capability for the EtO sterilization process.
                 vi. Identification and explanation of common potential protocol
                deviations, along with proposed mitigation of potential deviations. The
                Master File should also include a strategy to address any deviations
                that may be subject to differences of opinion regarding safety and
                effectiveness between FDA and the sterilization facility and any
                deviations not addressed in the Master File.
                 vii. Identification and explanation of management structure and
                involvement for process and facility review.
                 viii. Installation and operational requalification schedule to
                support continuous process effectiveness.
                 ix. A structured program and schedule for independent audits and
                monitors.
                 e. The sterilization facility's inspectional history and history of
                compliance with applicable regulations (including, but not limited to,
                requirements under 21 CFR parts 820 and part 814).
                 For more information on Master Files, see FDA's website: https://www.fda.gov/medical-devices/premarket-approval-pma/master-files.
                 Upon receipt of a Master File containing the above information, FDA
                will determine eligibility in the pilot program by evaluating whether
                the criteria outlined in sections I.A and I.B.1. above have been met,
                and provide written feedback that either accepts the Master File into
                the EtO Pilot Program, or which rejects the Master File as not eligible
                for the pilot program. FDA intends to review the information
                expeditiously and make a decision within 60 days when possible. If a
                Master File is rejected from the program, the written feedback will
                identify the reasons the Master File was determined to be ineligible
                for the program. FDA intends to work interactively with the sponsor to
                address any deficiencies with the information provided in the Master
                File.
                 Sterilization providers (i.e., Master File holders) that are
                accepted into the pilot program should submit amendments to their
                Master File every 6 months with information on any process changes or
                new devices or PMA submissions brought into the program to maintain
                participation in the pilot program. If there are no modifications or
                changes, this should be stated in the amendment. If a sterilization
                provider is accepted into the pilot program or does not maintain
                participation, they should notify PMA holders for which they granted a
                right of reference to the Master File.
                2. Procedures for PMA Holders
                 For sterilization providers to be considered for the voluntary EtO
                Pilot Program, PMA holders affected by a sterilization provider's
                participation in this program should use the following procedures. As
                an alternative to the submission of a PMA supplement under Sec.
                814.39(a) and (e), FDA will consider permitting PMA holders to
                reference the existing Master File in a postapproval report to the
                Agency with a cover sheet clearly indicating ``Periodic Report for
                Ethylene Oxide Sterilization Master File Pilot Program'' in the subject
                heading. The postapproval report should contain the following
                information in lieu of the information in 21 CFR 814.84(b)(2)-(4):
                 a. Name, address, and FDA FEI number of the proposed sterilization
                facility.
                 b. Master File number in which the referenced sterilization
                procedures are described, with signed right of reference from the
                Master File holder.
                 c. List of device(s) to be sterilized (identified by manufacturer,
                trade name, model number, and PMA number).
                 Upon receipt of a postapproval report containing the above
                information, FDA will advise PMA holders of whether the postapproval
                report is permitted as an alternate submission under Sec. 814.39(a)
                and (e). Additionally, FDA will notify the PMA holder of whether the
                PMA, identified devices, and referenced Master File are eligible for
                the sterilization provider's participation in the program. If the PMA
                is not eligible for the sterilization provider's participation in the
                pilot program, FDA will notify the PMA holder of the reasons for
                rejection.
                 This Pilot Program does not otherwise remove or replace any
                requirements, such as, but not limited to, recordkeeping and reporting
                requirements, under parts 820 or 814. It is the manufacturer's
                responsibility to ensure compliance with applicable laws and
                regulations administered by FDA.
                 During this voluntary EtO Pilot Program, CDRH staff intends to be
                available to answer questions or concerns that may arise. The EtO Pilot
                Program participants may comment on and discuss their experiences with
                the Center.
                II. Paperwork Reduction Act of 1995
                 This notice refers to previously approved collections of
                information found in FDA regulations. These collections of information
                are subject to review by the Office of Management and Budget (OMB)
                under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The
                collections of information in part 820, regarding the Quality System
                regulations, have been approved under OMB control number 0910-0073. The
                collections of information in part 814, subparts A through E, regarding
                Premarket approval, have been approved under OMB control number 0910-
                0231.
                III. References
                 The following references are on display in the Dockets Management
                Staff (see ADDRESSES), and are available for viewing by interested
                persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
                available electronically at https://www.regulations.gov. FDA has
                verified the website addresses, as of the date this document publishes
                in the Federal Register, but websites are subject to change over time.
                 1. FDA, ``Ethylene Oxide Sterilization for Medical Devices,''
                available at: https://www.fda.gov/medical-devices/general-hospital-devices-and-supplies/ethylene-oxide-sterilization-medical-devices.
                 2. FDA, ``Statement on Concerns with Medical Device Availability
                Due to Certain Sterilization Facility Closures,'' available at:
                https://www.fda.gov/news-events/press-announcements/statement-concerns-medical-device-availability-due-certain-sterilization-facility-closures.
                 3. FDA, ``FDA Innovation Challenge 1: Identify New Sterilization
                Methods and Technologies,'' available at: https://www.fda.gov/medical-devices/general-hospital-devices-and-supplies/fda-innovation-challenge-1-identify-new-sterilization-methods-and-technologies.
                 4. FDA, ``FDA Innovation Challenge 2: Reduce Ethylene Oxide
                Emissions,'' available at: https://www.fda.gov/medical-devices/general-hospital-devices-and-supplies/fda-innovation-challenge-2-reduce-ethylene-oxide-emissions.
                 5. FDA, ``November 6 to 7, 2019: General Hospital and Personal
                Use Devices Panel of the Medical Devices Advisory Committee Meeting
                Announcement,'' available at: https://www.fda.gov/advisory-committees/advisory-committee-calendar/november-6-7-2019-general-hospital-and-personal-use-devices-panel-medical-devices-advisory-committee.
                 6. FDA, ``PMA Supplements and Amendments,'' available at:
                https://www.fda.gov/medical-devices/premarket-approval-pma/pma-supplements-and-amendments.
                 Dated: November 21, 2019.
                Lowell J. Schiller,
                Principal Associate Commissioner for Policy.
                [FR Doc. 2019-25631 Filed 11-25-19; 8:45 am]
                 BILLING CODE 4164-01-P
                

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