95-22027. Medical Devices; Effective Date of Requirement for Premarket Approval for Class III Preamendments Devices  

  • [Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
    [Proposed Rules]
    [Pages 46718-46743]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-22027]
    
    
    
    
    [[Page 46717]]
    
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    Part III
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
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    Food and Drug Administration
    
    
    
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    21 CFR Parts 864, et al.
    
    
    
    Medical Devices; Effective Date of Requirement for Premarket Approval 
    for Class III Preamendments Devices; Proposed Rules
    
    Federal Register / Vol. 60, No. 173 / Thursday, September 7, 1995 / 
    Proposed Rules
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 864, 868, 870, 872, 876, 880, 882, 884, 888, and 890
    
    [Docket No. 95N-0084]
    RIN 0910-AA31
    
    
    Medical Devices; Effective Date of Requirement for Premarket 
    Approval for Class III Preamendments Devices
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule; opportunity to request a change in 
    classification.
    
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    SUMMARY: The Food and Drug Administration (FDA) is proposing to require 
    the filing of a premarket approval application (PMA) or a notice of 
    completion of product development protocol (PDP) for 43 class III 
    medical devices. The agency also is summarizing its proposed findings 
    regarding the degree of risk of illness or injury designed to be 
    eliminated or reduced by requiring the devices to meet the statute's 
    approval requirements and the benefits to the public from the use of 
    the devices. In addition, FDA is announcing the opportunity for 
    interested persons to request the agency to change the classification 
    of any of the devices based on new information.
    
    DATES: Written comments by January 5, 1996; request for a change in 
    classification by September 22, 1995. FDA intends that, if a final rule 
    based on this proposed rule is issued, PMA's will be required to be 
    submitted within 90 days of the effective date of the final rule.
    
    ADDRESSES: Submit written comments or requests for a change in 
    classification to the Dockets Management Branch (HFA-305), Food and 
    Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: Joseph M. Sheehan, Center for Devices 
    and Radiological Health (HFZ-84), Food and Drug Administration, 2098 
    Gaither Rd., Rockville, MD 20850, 301-594-4765.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Section 513 of the Federal Food, Drug, and Cosmetic Act (the act) 
    (21 U.S.C. 360c) requires the classification of medical devices into 
    one of three regulatory classes: Class I (general controls), class II 
    (special controls), and class III (premarket approval). Generally, 
    devices that were on the market before May 28, 1976, the date of 
    enactment of the Medical Device Amendments of 1976 (the amendments) 
    (Pub. L. 94-295), and devices marketed on or after that date that are 
    substantially equivalent to such devices, have been classified by FDA. 
    For the sake of convenience, this preamble refers to both the devices 
    that were on the market before May 28, 1976, and the substantially 
    equivalent devices that were marketed on or after that date as 
    ``preamendments devices.''
        Section 515(b)(1) of the act (21 U.S.C. 360e(b)(1)) establishes the 
    requirement that a preamendments device that FDA has classified into 
    class III is subject to premarket approval. A preamendments class III 
    device may be commercially distributed without an approved PMA or 
    notice of completion of a PDP until 90 days after FDA issues a final 
    rule requiring premarket approval for the device, or 30 months after 
    final classification of the device under section 513 of the act, 
    whichever is later. Also, a preamendments device subject to the 
    rulemaking procedure under section 515(b) of the act is not required to 
    have an approved investigational device exemption (IDE) (21 CFR part 
    812) contemporaneous with its interstate distribution until the date 
    identified by FDA in the final rule requiring the submission of a PMA 
    for the device. At that time, an IDE is required only if a PMA has not 
    been submitted or a PDP completed.
        Section 515(b)(2)(A) of the act provides that a proceeding to issue 
    a final rule to require premarket approval shall be initiated by 
    publication of a notice of proposed rulemaking containing: (1) The 
    proposed rule; (2) proposed findings with respect to the degree of risk 
    of illness or injury designed to be eliminated or reduced by requiring 
    the device to have an approved PMA or a declared completed PDP and the 
    benefit to the public from the use of the device; (3) an opportunity 
    for the submission of comments on the proposed rule and the proposed 
    findings; and (4) an opportunity to request a change in the 
    classification of the device based on new information relevant to the 
    classification of the device.
        Section 515(b)(2)(B) of the act provides that if FDA receives a 
    request for a change in the classification of the device within 15 days 
    of the publication of the notice, FDA shall, within 60 days of the 
    publication of the notice, consult with the appropriate FDA advisory 
    committee and publish a notice denying the request for change of 
    classification or announcing its intent to initiate a proceeding to 
    reclassify the device under section 513(e) of the act. If FDA does not 
    initiate such a proceeding, section 515(b)(3) of the act provides that 
    FDA shall, after the close of the comment period on the proposed rule 
    and consideration of any comments received, issue a final rule to 
    require premarket approval, or publish a notice terminating the 
    proceeding. If FDA terminates the proceeding, FDA is required to 
    initiate reclassification of the device under section 513(e) of the 
    act, unless the reason for termination is that the device is a banned 
    device under section 516 of the act (21 U.S.C. 360f).
        If a proposed rule to require premarket approval for a 
    preamendments device is made final, section 501(f)(2)(B) of the act (21 
    U.S.C. 351(f)(2)(B)) requires that a PMA or a notice of completion of a 
    PDP for any such device be filed within 90 days of the date of 
    promulgation of the final rule or 30 months after final classification 
    of the device under section 513 of the act, whichever is later. If a 
    PMA or a notice of completion of a PDP is not filed by the later of the 
    two dates, commercial distribution of the device is required to cease. 
    The device may, however, be distributed for investigational use if the 
    manufacturer, importer, or other sponsor of the device complies with 
    the IDE regulations. If a PMA or a notice of completion of a PDP is not 
    filed by the later of the two dates, and no IDE is in effect, the 
    device is deemed to be adulterated within the meaning of section 
    501(f)(1)(A) of the act, and subject to seizure and condemnation under 
    section 304 of the act (21 U.S.C. 334) if its distribution continues. 
    Shipment of the device in interstate commerce will be subject to 
    injunction under section 302 of the act (21 U.S.C. 332), and the 
    individuals responsible for such shipment will be subject to 
    prosecution under section 303 of the act (21 U.S.C. 333). In the past, 
    FDA has requested that manufacturers take action to prevent the further 
    use of devices for which no PMA has been filed and may determine that 
    such a request is appropriate for the class III devices that are the 
    subjects of this regulation.
        The act does not permit an extension of the 90-day period after 
    promulgation of a final rule within which an application or a notice is 
    required to be filed. The House Report on the amendments states that 
    ``the thirty month `grace period' afforded after classification of a 
    device into class III * * * is sufficient time for manufacturers and 
    importers to develop the data and conduct the investigations necessary 
    to support an application for premarket 
    
    [[Page 46719]]
    approval.'' (H. Rept. 94-853, 94th Cong., 2d sess. 42 (1976).)
        The Safe Medical Devices Act of 1990 (Pub. L. 101-629) (SMDA) added 
    new section 515(i) to the act (21 U.S.C. 360e(i)). This section 
    requires FDA to review the classification of preamendments class III 
    devices for which no final rule has been issued requiring the 
    submission of PMA's and to determine whether each device should be 
    reclassified into class I or class II or remain in class III. For 
    devices remaining in class III, SMDA directed FDA to develop a schedule 
    for issuing regulations to require premarket approval. However, the 
    SMDA does not prevent FDA from proceeding immediately to rulemaking 
    under section 515(b) of the act on specific devices, in the interest of 
    public health, independent of the procedures in section 515(i). Indeed, 
    proceeding directly to rulemaking under section 515(b) of the act is 
    consistent with Congress' objective in enacting section 515(i) i.e., 
    that preamendments class III devices for which PMA's have not been 
    required either be reclassified to class I or class II or be subject to 
    the requirements of premarket approval. Moreover, in this proposal, 
    interested persons are being offered the opportunity to request 
    reclassification of any of the devices.
        In the Federal Register of May 6, 1994 (59 FR 23731), FDA issued a 
    notice of availability of a preamendments class III devices strategy 
    document. The strategy document set forth FDA's plans for implementing 
    the provisions of section 515(i) of the act for preamendments class III 
    devices for which FDA had not yet required premarket approval. FDA 
    divided this universe of devices into three groups:
        1. Group 1 devices are devices that FDA believes raise significant 
    questions of safety and/or effectiveness but are no longer used or are 
    very limited in use. FDA's strategy is to call for PMA's for all Group 
    1 devices in an omnibus 515(b) rulemaking action. This proposed rule 
    implements that strategy and covers all Group 1 devices referenced by 
    the May 6, 1994, Federal Register notice.
        2. Group 2 devices are devices that FDA believes have a high 
    potential for being reclassified into class II. For these devices, FDA 
    has issued an order under section 515(i) of the act requiring 
    manufacturers to submit safety and effectiveness information so that 
    FDA can make a determination as to whether the devices should be 
    reclassified.
        3. Group 3 devices are devices that FDA believes are currently in 
    commercial distribution and are not likely candidates for 
    reclassification. FDA intends to issue proposed rules to require the 
    submission of PMA's for the 15 highest priority devices in this group 
    in accordance with the schedule set forth in the strategy document. FDA 
    has also issued an order under section 515(i) of the act for the 
    remaining 27 Group 3 devices requiring the submission of safety and 
    effectiveness information so that FDA can make a determination as to 
    whether the devices should be reclassified or retained in class III.
    
    A. Dates New Requirements Apply
    
        In accordance with section 515(b) of the act, FDA is proposing to 
    require that a PMA or a notice of completion of a PDP be filed with the 
    agency for class III devices within 90 days after promulgation of any 
    final rule based on this proposal. An applicant whose device was 
    legally in commercial distribution before May 28, 1976, or whose device 
    has been found by FDA to be substantially equivalent to such a device, 
    will be permitted to continue marketing such class III devices during 
    FDA's review of the PMA or notice of completion of the PDP. FDA intends 
    to review any PMA for the device within 180 days, and any notice of 
    completion of a PDP for the device within 90 days of the date of 
    filing. FDA cautions that, under section 515(d)(1)(B)(i) of the act, 
    the agency may not enter into an agreement to extend the review period 
    for a PMA beyond 180 days unless the agency finds that ``* * * the 
    continued availability of the device is necessary for the public 
    health.''
        FDA intends that, under Sec. 812.2(d) (21 CFR 812.2(d)), the 
    preamble to any final rule based on this proposal will state that, as 
    of the date on which a PMA or a notice of completion of a PDP is 
    required to be filed, the exemptions in Sec. 812.2(c)(1) and (c)(2) 
    from the requirements of the IDE regulations for preamendments class 
    III devices will cease to apply to any device that is: (1) Not legally 
    on the market on or before that date, or (2) legally on the market on 
    or before that date but for which a PMA or notice of completion of PDP 
    is not filed by that date, or for which PMA approval has been denied or 
    withdrawn.
        If a PMA or a notice of completion of a PDP for a class III device 
    is not filed with FDA within 90 days after the date of promulgation of 
    any final rule requiring premarket approval for the device, commercial 
    distribution of the device must cease. The device may be distributed 
    for investigational use only if the requirements of the IDE regulations 
    regarding significant risk devices are met. The requirements for 
    significant risk devices include submitting an IDE application to FDA 
    for its review and approval. An approved IDE is required to be in 
    effect before an investigation of the device may be initiated or 
    continued. FDA, therefore, cautions that IDE applications should be 
    submitted to FDA at least 30 days before the end of the 90-day period 
    after the final rule to avoid interrupting investigations.
    
    B. Proposed Finding With Respect to Risks and Benefits
    
        As required by section 515(b) of the act, FDA is publishing its 
    proposed findings regarding: (1) The degree of risk of illness or 
    injury designed to be eliminated or reduced by requiring that these 
    devices have an approved PMA or a declared completed PDP; and (2) the 
    benefits to the public from the use of the device.
        These findings are based on the reports and recommendations of the 
    advisory committees (panels) for the classification of these devices 
    along with any additional information that FDA discovers. Additional 
    information can be found in the proposed and final rules classifying 
    these devices as listed below:
    
                                                                            
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           Devices---             Proposed rule-            Final rule      
    ------------------------------------------------------------------------
    Hematology/Pathology     September 11, 1979 (44   September 12, 1980 (45
     (21 CFR part 864).       FR 52950).               FR 60576             
    Anesthesiology 1982 (21  November 2, 1979 (44 FR  July 16, (47 FR 31130)
     CFR part 868).           63292).                                       
    Cardiovascular (21 CFR   March 9, 1979- (44 FR    February 5, 1980 (45  
     part 870).               13284).                  FR 7904)             
    Dental (21 CFR part      December 30, 198 (45 FR  August 12, 1987 (52 FR
     872).                    85962).                  30082)               
    Gastroenterology-        January 23, 1981 (46 FR  November 23, 1983 (48 
     Urology (21 CFR part     7562).                   FR 53012)            
     876).                                                                  
    General Hospital and     August 24, 1979 (44 FR   October 21, 1980 (45  
     Personal Use (21 CFR     49844).                  FR 69678)            
     part 880).                                                             
    Neurological (21 CFR     November 28, 1978 (43    September 4, 1979 (44 
     part 882).               FR 55640).               FR 51726)            
    Obstetrical and          April 3, 1979-(44 FR     February 26, 1980 (45 
     Gynecological.           19894).                  FR 12682)            
    
    [[Page 46720]]
                                                                            
    Orthopedic (21 CFR part  July 2, 1982 (47 FR      September 4, 1987 (52 
     888).                    29052).                  FR 33686)            
    Physical Medicine (21    August 28, 1979 (44 FR   November 23, 1983 (48 
     CFR part 890).           50458).                  FR 53032)            
    ------------------------------------------------------------------------
    
    
    
    C. Devices Subject to This Proposal
    
    1. Hematology and Pathology Devices
    
    Automated Differential Cell Counter (Sec. 864.5220)
    
        (1) Identification. An automated differential cell counter is a 
    device used to identify and classify one or more of the formed elements 
    of the blood. The device is in class III when intended for uses other 
    than to flag or identify specimens containing abnormal blood cells. 
    Otherwise, the device is in class II.
        (2) Summary of data. The members of the Hematology and Pathology 
    Devices Classification Panel based their recommendation upon the Panel 
    members' clinical experience with automated differential cell counters 
    and on information presented at a symposium entitled ``Differential 
    Counters in Hematology'' held at the Panel meeting. Among the speakers 
    at the symposium was Dr. Robert Miller of the Johns Hopkins University 
    Medical Center. Dr. Miller discussed difficulties concerning data 
    interpretation, precision and accuracy, correlation to reference 
    methods and error in terms of coincidence, nonreproducible results, 
    nonlinearity, and specific interferences.
        FDA has reviewed medical literature concerning automated 
    differential cell counters (Refs. 1 through 5). The medical literature 
    reports two basic methodologies for automated differential cell 
    counting: Pattern recognition and flow-through techniques. Pattern 
    recognition systems microscopically scan a fixed, stained blood film. 
    Flow-through systems count and identify cells suspended in a liquid 
    medium.
        Pattern recognition systems are handicapped by their lack of 
    accuracy (Ref. 1). In one study, 68.8 percent of the abnormal cells 
    that the system examined were classified as normal (Ref. 2). An error 
    of this sort could result in the failure to detect a pathological blood 
    sample (Ref. 1). Several studies (Refs. 3 through 5) show a discrepancy 
    between pattern recognition counts and manual counts of monocytes 
    (mononuclear leukocytes). It is suggested that the criteria for 
    identifying monocytes need to be better defined (Ref. 4). There also 
    have been reports of discrepancies between pattern recognition counts 
    and manual counts of plasma cells and atypical lymphocytes (Ref. 4). 
    The tendency of pattern recognition systems to underestimate the number 
    of atypical lymphocytes is ascribed to flaws in the recognition 
    criteria. Pattern recognition systems also cause difficulty in blood 
    film preparation. Overlapping cells must be avoided, and a uniform 
    distribution of cell types must be achieved (Ref. 1).
        Flow-through systems allow a hundredfold increase in the rate at 
    which cells are counted. There is imperfect correlation between the 
    classification logic systems of the flow-through machines and 
    morphological features of the blood cell classes as defined by fixed, 
    Romanowsky-stained preparations (Ref. 1). Therefore, these machines 
    will fail to classify up to 10 percent of normal cells.
        The device was the subject of a reclassification petition and was 
    partially reclassified into class II for the uses listed above. The 
    proposed rule for reclassification was published in the Federal 
    Register of April 5, 1989 (54 FR 13698) and the final rule was 
    published in the Federal Register of June 8, 1990 (55 FR 23510).
        (3) Risks to health.
         Hepatitis infection--Exposure of the user, donor, or 
    patient to blood, blood products, or blood aerosols presents a risk of 
    hepatitis infection. HIV was unknown in 1979 when the device was 
    classified and is also an important risk.
         Misdiagnosis and inappropriate therapy--Failure of the 
    device to perform satisfactorily may lead to an error in the diagnosis 
    of a blood cell disorder. Inappropriate therapy based on inaccurate 
    diagnostic data may place the patient at risk.
    2. Anesthesiology Devices
    
    Electroanesthesia Apparatus (Sec. 868.5400)
    
        (1) Identification. An electroanesthesia apparatus is a device used 
    for the induction and maintenance of anesthesia during surgical 
    procedures by means of an alternating or pulsed electric current that 
    is passed through electrodes fixed to the patient's head.
        (2) Summary of data. The Anesthesiology Devices Classification 
    Panel and the Neurological Devices Classification Panel recommended 
    that electroanesthesia apparatus be classified into class III 
    (premarket approval) because the device presents a potential 
    unreasonable risk of illness or injury to the patient. The 
    Anesthesiology Devices Classification Panel based its recommendation on 
    the insufficient number of domestic studies on human subjects. The 
    Panel had not seen any medical data on which to judge the safety and 
    effectiveness of the device, and believed that the technique of 
    electroanesthesia is not considered a well-established or well-
    recognized clinical procedure. The Neurological Devices Classification 
    Panel noted that many factors important to the clinical application of 
    this technique have not been sufficiently defined. The Neurological 
    Devices Classification Panel also based its recommendation on the Panel 
    members' experience with the device, and their judgment and knowledge 
    of the pertinent literature (Ref. 6). The National Research Council 
    recommended that electroanesthesia should be considered as a 
    potentially useful adjunct in the maintenance of anesthesia but that 
    electroanesthesia should be limited to investigational use until its 
    effects, advantages, and standardization can be adequately evaluated.
        (3) Risks to health.
         Electrical shock--Improper electrical grounding may allow 
    the patient or operator to receive an electrical shock.
         Damage to central nervous system--Excessively high 
    electrical current or voltage could damage the central nervous system 
    and cerebral tissues.
         Skin burns--If the electrodes are too small and yield a 
    high current density, skin burns may result.
         Skin irritation--Electrode gels or pastes used to 
    establish electrical contact between the electrode and the skin may 
    cause skin irritation.
         Cardiac or pulmonary interference--The position of the 
    electrode on the head may lead to electrical interference with cardiac 
    or pulmonary functions in the patient.
    3. Cardiovascular Devices
    
    Catheter Balloon Repair Kit (Sec. 870.1350)
    
        (1) Identification. A catheter balloon repair kit is a device used 
    to repair or replace the balloon of a balloon catheter. The kit 
    contains the materials, such as glue and balloons, necessary to effect 
    the repair or replacement.
        (2) Summary of data. The members of the Cardiovascular Devices 
    Classification Panel based their recommendation on the potential 
    hazards associated with the inherent properties of the device and on 
    their personal knowledge of, and experience with, the device. The Panel 
    was not aware of any published literature on this device.
    
    [[Page 46721]]
    
        (3) Risks to health.
         Gas embolism--Balloon rupture caused by the repair 
    material or a leak in the repair material can allow potentially 
    debilitating or fatal gas emboli to escape into the bloodstream. -
         Embolism--Pieces of the balloon that break or flake off 
    may form potentially debilitating or fatal emboli.
         Thromboembolism--Inadequate blood compatibility of the 
    materials used in this device and inadequate surface finish and 
    cleanliness can lead to potentially debilitating or fatal 
    thromboemboli.
         Cardiac arrhythmias--Toxic substances released from the 
    repair material (glue or other adhesive) can trigger cardiac 
    arrhythmias (irregularities in heart rhythm).
    
    Trace Microsphere (Sec. 870.1360)
    
        (1) Identification. A trace microsphere is a radioactively tagged 
    nonbiodegradable particle that is intended to be injected into an 
    artery or vein and trapped in the capillary bed for the purpose of 
    studying blood flood within or to an organ.
        (2) Summary of data. The Panel members based their recommendation 
    on the potential hazards associated with the inherent properties of the 
    device and on their personal knowledge of, and experience with, the 
    device.
        (3) Risks to health.
         Thromboembolism--Inadequate blood compatibility of the 
    materials used in the device may lead to potentially debilitating or 
    fatal thromboemboli.
         Embolism--If the microspheres are too large or tend to 
    clump together, they can lodge in a blood vessel and block the flow of 
    blood to an organ.
         Tissue damage--Tissue damage can result from excessive 
    radioactivity of the particles.
    
     Carotid Sinus Nerve Stimulator (Sec. 870.3850)
    
        (1) Identification. A carotid sinus nerve stimulator is an 
    implantable device used to decrease arterial pressure by stimulating 
    Hering's nerve at the carotid sinus.
        (2) Summary of data. The Panel members based their recommendation 
    on the potential hazards associated with the inherent properties of the 
    device and on their personal knowledge of, and experience with, the 
    device.
        (3) Risks to health.
         Tissue and blood damage--If the materials, surface finish, 
    or cleanliness of this device are inadequate, damage to the blood and 
    tissue may result.
         Inability to control blood pressure--Failure of the device 
    to stimulate properly can prevent effective control of elevated blood 
    pressure.-
    
    High-Energy DC-Defibrillator (Including Paddles) (Sec. 870.5300)
    
        (1) Identification. A high-energy DC-defibrillator is a device that 
    delivers into a 50-ohm test load an electrical shock of greater than 
    360 joules of energy used for defibrillating the atria or ventricles of 
    the heart or to terminate other cardiac arrhythmias. The device may 
    either synchronize the shock with the proper phase of the 
    electrocardiogram or may operate asynchronously. The device delivers 
    the electrical shock through paddles placed either directly across the 
    heart or on the surface of the body.
        (2) Summary of data. The Panel relied upon the potential hazards 
    associated with the inherent properties of the device and on the Panel 
    members' personal knowledge of, and experience with, the device. In 
    addition, the Panel sought information from the medical and scientific 
    community, industry, and medical literature (Refs. 20 through 25).
        (3) Risks to health.
         Electrical shock to operator--Improper electrical design 
    of the device can lead to a serious electrical shock to the operator.
         Inability to defibrillate or persistence of the 
    arrhythmia--Inability to rhythmia may occur because of excessive 
    energy, excessive current, insufficient energy, insufficient current, a 
    difference between the indicated level of energy and the delivered into 
    a 50-ohm load, or excessive leakage current. -
         Inability to defibrillate--Inability to defibrillate may 
    occur when certain drugs that can raise the defibrillation threshold 
    are used.
         Inability to defibrillate due to paddle design--Inability 
    to defibrillate may result from inappropriate paddle size or 
    inappropriate paddle location on the subject.
    4. Dental Devices
    Karaya and Sodium Borate With or Without Acacia Denture Adhesive 
    (Sec. 872.3400)
        (1) Identification. A karaya with sodium borate with or without 
    acacia denture adhesive is a device composed of karaya and sodium 
    borate with or without acacia intended to be applied to the base of a 
    denture before the denture is inserted into the patient's mouth. The 
    device is used to improve denture retention and comfort. If it contains 
    12 percent or more by weight of sodium borate, it is in class III; 
    otherwise it is in class I.
        (2) Summary of data. The members of the Dental Devices 
    Classification Panel relied upon their personal knowledge of, and 
    clinical experience with, the device in the practice of dentistry and 
    on a report from the then-Bureau of Drugs' OTC Panel on Dentifrices and 
    Dental Care Agents (Ref. 26). This report states that there is a lack 
    of information concerning the safety of adhesives containing sodium 
    borate and a lack of information concerning the effectiveness of acacia 
    in denture adhesives. The report states that the sodium borate 
    concentration of 12 to 20 percent of the adhesive's total weight is 
    equivalent to 2.6 to 5.3 percent boron. Because at least a portion of a 
    denture adhesive is ingested, this amount of boron could cause chronic 
    toxicity in denture wearers (Ref. 27). The Panel agrees that there is a 
    lack of data concerning the safety and effectiveness of acacia and 
    karaya with sodium borate.
        (3) Risks to health.
         Chronic toxicity--The boron in this device may cause 
    chronic toxicity to users.
         Adverse tissue reaction--If the materials in the device 
    are not biocompatible, the patient may have an adverse tissue reaction.
    Carboxymethylcellulose Sodium and Cationic Polyacrylamide Polymer 
    Denture Adhesive (Sec. 872.3420)
        (1) Identification. A carboxymethylcellulose sodium and cationic 
    polyacrylamide polymer denture adhesive is a device composed of 
    carboxymethylcellulose sodium and cationic polyacrylamide polymer 
    intended to be applied to the base of a denture before the denture is 
    inserted in a patient's mouth. The device is used to improve denture 
    retention and comfort.
        (2) Summary of data. The Panel based its recommendation on the lack 
    of information available to demonstrate the effectiveness of 
    carboxymethylcellulose sodium and cationic polyacrylamide in dental 
    adhesives and on a report of the then-Bureau of Drugs' OTC Panel on 
    Dentifrices and Dental Care Agents. According to the report, the belief 
    that carboxymethylcellulose sodium is safe is based, in part, on its 
    widespread use in food products such as milk and ice cream (Ref. 28). 
    Tests of cationic polyacrylamide for acute oral toxicity, eye 
    irritation, and dermal and inhalation toxicity in subacute and chronic 
    feeding experiments in animals have been negative (Ref. 26). Human 
    patch tests also have been negative (Ref. 28). However, no data were 
    submitted to the Panel to demonstrate, and the literature did not 
    establish, the effectiveness of carboxymethylcellulose 
    
    [[Page 46722]]
    sodium cationic polyacrylamide polymer as a denture adhesive.
        (3) Risks to health.
         Bone loss from lack of effectiveness--If the adhesive 
    fails to anchor the denture in its proper position, a change in the 
    distance between the upper and lower jaws may occur that may lead to 
    gum irritation and bone loss due to alteration of biting forces.
         Adverse tissue reaction--if the materials in the device 
    are not biocompatible, the patient may have an adverse tissue reaction.
    Polyacrylamide Polymer (Modified Cationic Denture Adhesive 
    (Sec. 872.3480)
        (1) Identification. A polyacrylamide polymer (modified cationic) 
    denture adhesive is a device composed of polyacrylamide polymer 
    (modified cationic) intended to be applied to the base of a denture 
    before the denture is inserted in a patient's mouth. The device is used 
    to improve denture retention and comfort.
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, 
    this device, and on a report of the then-Bureau of Drugs' OTC Panel on 
    Dentifrices and Dental Care Agents. Tests of polyacrylamide polymer 
    (modified cationic) for acute oral toxicity, eye irritation, and dermal 
    and inhalation toxicity in subacute and chronic feeding experiments in 
    animals have been negative (Ref. 26). Human patch tests also have been 
    negative (Ref. 28). However, no data were submitted to the Panel to 
    demonstrate, and the literature did not establish, the effectiveness of 
    polyacrylamide polymer as the sole ingredient of a denture adhesive.
        (3) Risks to health.
         Bone loss--If the adhesive fails to anchor the denture in 
    its proper position, and the distance between the upper and lower jaw 
    is changed, then bone loss and gum irritation may occur.
         Adverse tissue reaction--If the materials in the device 
    are not biocompatible, the patient may have an adverse tissue reaction.
    Polyvinylmethylether Maleic Anhydride (PVM-MA), Acid Copolymer, and 
    Carboxymethylcellulose Sodium (NACMC) Denture Adhesive (Sec. 872.3500)
        (1) Identification. Polyvinylmethylether maleic anhydride (PVM-MA), 
    acid copolymer, and carboxymethylcellulose sodium (NACMC) denture 
    adhesive is a device composed of polyvinylmethylether maleic anhydride, 
    acid copolymer, and carboxymethylcellulose sodium intended to be 
    applied to the base of a denture before the denture is inserted in a 
    patient's mouth. The device is used to improve denture retention and 
    comfort.
        (2) Summary of data. The Panel based it recommendation on the Panel 
    members' personal knowledge of, and clinical experience with the device 
    and on a report of the then-Bureau of Drugs' OTC Panel on Dentifrices 
    and Dental Care Agents. The report states that sufficient data are not 
    available to demonstrate the safety and effectiveness of a combination 
    of PVM--MA and NACMC used as a denture adhesive (Ref. 26). The Panel 
    also based its recommendation on a publication by Blacow (Ref. 27), 
    which states that the pH and stability of the anhydride and diacid 
    forms may be hazardous due to the possible presence of an acid pH of 2 
    to 3, which can burn the tissues in the mouth.
        (3) Risks to health.
         Toxicity--Ingestion of the materials in this device may 
    cause chronic toxicity to users.
         Adverse tissue reaction--If the materials in the device 
    are not biocompatible, the patient may have an adverse tissue reaction. 
    Acidity of the adhesive may burn tissues in the mouth.
    
    Over-the-Counter (OTC) Denture Reliner (Sec. 872.3560)
    
        (1) Identification. An OTC denture reliner is a device consisting 
    of a material such as plastic resin that is intended to be applied as a 
    permanent coating or lining on the base or tissue-contacting surface of 
    a denture. The device is intended to replace a worn denture lining and 
    may be available for purchase over the counter.
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device. The Panel also based its recommendation on statements that 
    further studies are necessary to determine the safety and effectiveness 
    of this device (Ref. 26).
        (3) Risks to health.
         Bone degeneration--Use of the device may cause alteration 
    in the vertical dimension of a denture and result in bone degeneration 
    in the upper and lower jaw.
         Carcinomas--Long-term irritation or oral tissues caused by 
    incorrect vertical dimension may cause formation of carcinomas.
    Root Canal Filling Resin (Sec. 872.3820)
        (1) Identification. A root canal filling resin is a device composed 
    of material, such as methylmethacrylate, intended for use during 
    endodontic therapy to fill the root canal of a tooth. If chloroform is 
    used as an ingredient in the device, the device is in class III. 
    Otherwise, it is in class I.
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, 
    root canal filling resins in the practice of dentistry.
        (3) Risks to health. FDA believes that root canal fillings 
    containing chloroform present a risk of carcinogenicity.
    5. Gastroenterology-Urology Devices
    
    Colonic Irrigation System (Sec. 876.5220)
    
        (1) Identification. A colonic irrigation system is a device 
    intended to instill water into the colon through a nozzle inserted into 
    the rectum to cleanse (evacuate) the contents of the lower colon. The 
    system is designed to allow evacuation of the contents of the colon 
    during the administration of the colonic irrigation. The device 
    consists of a container for fluid connected to the nozzle via tubing 
    and includes a system which enables the pressure, temperature, or flow 
    of water through the nozzle to be controlled. The device may include a 
    console-type toilet and necessary fittings to allow the device to be 
    connected to water and sewer pipes. The device may use electrical power 
    to heat the water. This device does not include the enema kit 
    (Sec. 876.5210). When the device is intended for colon cleansing when 
    medically indicated, such as before radiologic or endoscopic 
    examinations, it is in class II. When the device is intended for other 
    uses, including colon cleansing routinely for general well being, it is 
    in class III.
        (2) Summary of data. The members of the Gastroenterology-Urology 
    Devices Classification Panel based their recommendation on the Panel 
    members' personal knowledge of, and clinical experience with, the 
    device.
        (3) Risks to health.
         Tissue burns--The temperature-regulating mechanism for the 
    water heater used in this device may allow overheating of the water 
    which is delivered to the patient's colon, resulting in tissue burns.
         Perforation of the colon--Excessive water pressure 
    delivered by this device could result in perforation of the wall of the 
    colon.
         Colon irritation--Excessive or inappropriate use of this 
    device may result in irritation of the colon.
         Electrical injury--Improper design, construction, or a 
    malfunction of the device could result in electrical injury to the 
    patient or operator.
    
    [[Page 46723]]
    
    
    Implanted Electrical Urinary Continence Device (Sec. 876.5270)
    
        (1) Identification. An implanted electrical urinary continence 
    device is a device intended for treatment of urinary incontinence that 
    consists of a receiver implanted in the abdomen with electrodes for 
    pulsed-stimulation that are implanted either in the bladder wall or in 
    the pelvic floor, and a battery-powered transmitter outside the body.
        (2) Summary of data. The Panel based its recommendation on a review 
    of the historical data concerning implanted electrical urinary 
    continence devices. Halverstadt and Parry (Ref. 29) discussed several 
    unsolved problems inherent in the electrical stimulation of the 
    bladder. These problems include breakage of lead wires, the cumbersome 
    nature of the electrodes, risk of preformation by wires of the bladder 
    cavity, difficulty of obtaining uniform contraction of the detrusor 
    muscle, and the spread of the stimulus to neighboring tissues producing 
    abdominal pain. The Panel also based its recommendation on the 
    experimental nature of these devices and on the lack of adequate 
    medical literature and experience supporting their safety and 
    effectiveness.
        (3) Risks to health.
         Adverse tissue reaction and erosion--Defects in the design 
    or the construction of the device, or lack of biocompatibility of the 
    materials used in the device, may cause an adverse tissue reaction and 
    tissue erosion adjacent to the device.
         Infection--Defects in the design or construction of the 
    device preventing adequate cleaning or sterilization, or defects in 
    packaging or processing of a device sold as sterile, may allow 
    pathogenic organisms to be introduced and cause an infection in the 
    patient.
         Tissue damage--Defects in the electrode wires may lead to 
    their breakage and consequent tissue damage.
         Abdominal and leg pain--The amount of stimulation by the 
    electrodes necessary to obtain adequate bladder stimulation may lead to 
    abdominal and leg pain.
         Electrical injury--Improper design, construction, or 
    malfunction of the device could result in electrical injury to the 
    patient or the operator.
    6. General Hospital and Personal Use Devices
    
    Chemical Cold Pack Snakebite Kit (Sec. 880.5760)
    
        (1) Identification. A chemical cold pack snakebite kit is a device 
    consisting of a chemical cold pack and tourniquet used for first-aid 
    treatment of snakebites.
        (2) Summary of data. The members of the General Hospital and 
    Personal Use Devices Classification Panel based their recommendation on 
    the Panel members' personal knowledge of, and clinical experience with, 
    the device and on several articles in the literature that evaluate 
    different types of treatment for snakebites (Refs. 30, 31, and 32). 
    Most of the literature showed that cryotherapy (the use of cold therapy 
    for the treatment of snakebites) is inappropriate. Clement and 
    Pietrusko found high rates of amputation, local tissue destruction, and 
    prolonged disability in patients treated by this method (Ref. 30). A 
    National Academy of Sciences report stated that doubts about the safety 
    and effectiveness of short-term cold therapy for treatment of 
    snakebites have not been resolved (Ref. 31). The report also stated 
    that the use of cold therapy for a long period of time appears to be 
    dangerous. Watt reported that, among children who had to have 
    amputations because of snakebites, 75 percent had received cryotherapy 
    for the snakebites (Ref. 32).
        (3) Risks to health.
         Local tissue damage--Exposure of tissue to cold 
    temperatures for long periods of time can freeze the tissue and cause 
    local tissue damage, sometimes necessitating limb amputations.
    7. Neurological Devices
    
    Rheoencephalograph (Sec. 882.1825)
    
        (1) Identification. A rheoencephalograph is a device used to 
    estimate a patient's cerebral circulation (blood flow in the brain) by 
    electrical impedance methods with direct electrical connections to the 
    scalp or neck area.
        (2) Summary of data. The members of the Neurological Devices 
    Classification Panel referenced the literature on this device (Refs. 43 
    through 46). Some of the panel members witnessed its clinical 
    application. Dr. William Jarzembski, one of the Panel members, provided 
    some detailed information concerning his research on this device.
        (3) Risks to health.
         Erroneous clinical conclusions--The device may indicate 
    that cerebral circulation is normal, when in fact it may be very 
    abnormal.
         Electrical shock--Excessive current could cause injury, 
    and malfunction of the device could result in an electrical shock.
         Skin reaction--The electrode materials and conductive 
    media may irritate the skin.
    
    Intravascular Occluding Catheter (Sec. 882.5150)
    
        (1) Identification. An intravascular occluding catheter is a 
    catheter with an inflatable or detachable balloon tip that is used to 
    block a blood vessel to treat malformations, e.g., aneurysms 
    (balloonlike sacs formed on blood vessels) of intracranial blood 
    vessels.
        (2) Summary of data. The Panel members based their recommendation 
    on the lack of data available on this device. Although the Panel 
    members were aware of the use of this device in investigational 
    programs, they believed that there is not enough information or data to 
    demonstrate that its safety and effectiveness can be adequately 
    controlled by means other than premarket approval.
        (3) Risks to health.
         Infarction of nervous tissue--If the catheter is not 
    controllable or if the balloon or tip should fail or unexpectedly come 
    loose from the catheter, use of the device may cause infarction of 
    nervous tissue (death of nervous tissue due to stoppage of circulation) 
    and other serious injury to the brain and other nervous tissue.
         Hemorrhage--The catheter or improper balloon inflation may 
    injure a blood vessel and result in bleeding.
         Thrombogenesis--Blood coagulation and clotting may result 
    if the material of which the catheter is constructed is not compatible 
    with blood.
    
    Implanted Spinal Cord Stimulator for Bladder Evacuation (Sec. 882.5850)
    
        (1) Identification. An implanted spinal cord stimulator for bladder 
    evacuation is an electrical stimulator used to empty the bladder of a 
    paraplegic patient who has a complete transection of the spinal cord 
    and who is unable to empty his or her bladder by reflex means or by the 
    intermittent use of catheters. The stimulator consists of an implanted 
    receiver with electrodes that are placed on the conus medullaris 
    portion of the patient's spinal cord and an external transmitter for 
    transmitting the stimulating pulses across the patient's skin to the 
    implanted receiver.
        (2) Summary of data. The Panel members based their recommendation 
    on information supplied by Dr. Blaine Nashold, one of the Panel 
    members, who had been one of the primary individuals engaged in the 
    development of the device (Ref. 37). Dr. Nashold reported that he had 
    implanted the device in a small group of paraplegic patients. Six of 
    the 12 patients had been successfully emptying their bladders by this 
    method for 5 years (Ref. 37).
        (3) Risks to health. 
    
    [[Page 46724]]
    
         Injury to neural tissue--Tissue fibrosis may develop 
    around the electrode on the spinal cord and cause a diminished response 
    to the electrical stimulus.
         Tissue toxicity--The implanted stimulator, lead wires, or 
    electrodes may contain material that is not biocompatible.
         Cerebrospinal fluid leakage--The fluid that surrounds the 
    spinal cord might leak out around the receiver wires.
    8. Obstetrical and Gynecological Devices
    
    Obstetric Data Analyzer (Sec. 884.2050)
    
        (1) Identification. An obstetric data analyzer is a device designed 
    to interpret fetal status during labor and to warn of possible fetal 
    distress by analyzing electronic signal data obtained from fetal or 
    maternal electronic or other monitors. This generic type of device 
    includes signal analysis and display equipment, electronic interfaces 
    for other equipment, and power supplies and component parts.
        (2) Summary of data. FDA reviewed the Obstetrical and Gynecological 
    Devices Classification Panel's recommendation and obtained additional 
    information and data describing the application of automatic analysis 
    techniques to the determination of possible fetal distress. The 
    technique was new in 1978, and very little definitive information was 
    available. It was reasonable to expect that as algorithms were 
    developed and tested, confidence in automatic analysis would increase 
    (Ref. 38).
        (3) Risks to health.
         Electrical shock--Malfunction of the device could result 
    in electrical shock to the patient.
         Misdiagnosis--Inadequate design or calibration of the 
    device could lead to the generation of inaccurate diagnostic data. If 
    inaccurate diagnostic data is used in managing the patient, the 
    physician may prescribe a course of treatment which places the fetus 
    and patient at risk unnecessarily.
    
    Fetal Electroencephalographic Monitor (Sec. 884.2620)
    
        (1) Identification. A fetal electroencephalographic monitor is a 
    device used to detect, measure, and record in graphic form (by means of 
    one or more electrodes placed transcervically on the fetal scalp during 
    labor) the rhythmically varying electrical skin potentials produced by 
    the fetal brain.
        (2) Summary of data. The Panel based its recommendation on the fact 
    that fetal electroencephalographic monitoring was a relatively new 
    method of brain function evaluation during birth. Its sensitivity and 
    applicability in the field of the fetal brain research remained to be 
    established because clinical experience was too limited to ascertain 
    its safe and effective use. Rosen and Peltzman, who were performing the 
    major research on this device, were continuing with further controlled 
    studies (Refs. 39 and 40).
        (3) Risks to health.
         Electrical shock--Malfunction of the device could result 
    in electrical shock to the patient.
         Misdiagnosis--Inadequate design of the device can lead to 
    the generation of inaccurate diagnostic data. If inaccurate diagnostic 
    data are used in managing the patient, the physician may prescribe a 
    course of treatment that places the fetus and patient at risk 
    unnecessarily.
         Adverse tissue reaction--Material in the device could 
    result in a systemic or local tissue reaction when the device comes in 
    contact with the patient.
         Infection--If the device is not properly sterilized, it 
    may introduce microorganisms that could cause infection.
    
    Fetal Scalp Clip Electrode and Applicator (Sec. 884.2685)
    
        (1) Identification. A fetal scalp clip electrode and applicator is 
    a device designed to establish electrical contact between fetal skin 
    and an external monitoring device by means of pinching skin tissue with 
    a nonreusable clip. This device is used to obtain a fetal 
    electrocardiogram. This generic type of device may include a clip 
    electrode applicator.
        (2) Summary of data. The Panel based its recommendation on personal 
    knowledge of, and experience with, the device. Information presented to 
    the Panel indicated a 1 to 2 percent infection rate for newborns on 
    whom fetal scalp clip electrodes were used (Ref. 41). The Panel noted 
    that this device is in limited use in the United States because the 
    circular (spiral) electrode, preferred because it is easier to apply 
    and remove, is available.
        (3) Risks to health.
         Adverse tissue reaction--Material in the device could 
    cause a local tissue or systemic reaction when the device comes in 
    contact with the fetus.
         Infection--If the device is not properly sterilized, it 
    may introduce microorganisms that could cause infection.
         Tissue damage--Poor design or incorrect application could 
    result in scalp injury when the device pinches the fetal scalp.
    
    Expandable Cervical Dilator (Sec. 884.4250)
    
        (1) Identification. An expandable cervical dilator is an instrument 
    with two handles and two opposing blades used manually to dilate 
    (stretch open) the cervix.
        (2) Summary of data. The Panel based its recommendation on personal 
    knowledge of, and experience with, the device. The Panel members' 
    experience with the expandable cervical dilator had been that its 
    leverage is very difficult to control in such a way that the cervix is 
    dilated evenly.
        (3) Risks to health.
         Laceration of the cervix--Appropriate design and materials 
    are necessary to prevent trauma to the cervix and possible subsequent 
    infertility.
         Adverse tissue reaction--Material in the device could 
    cause a local tissue or systematic reaction when the device comes in 
    contact with the patient.
         Infection--If the device is not properly sterilized, it 
    may introduce microorganisms that could cause infection.
    
    Vibratory Cervical Dilator (Sec. 884.4270)
    
        (1) Identification. A vibratory cervical dilator is a device 
    designed to dilate the cervical os by stretching it with a power-driven 
    vibrating probe head. The device is used to gain access to the uterus 
    or to induce abortion, but is not to be used during labor when a viable 
    fetus is desired or anticipated.
        (2) Summary of data. The Panel based its recommendation on 
    experience with, and personal knowledge of, the device. The Panel 
    reviewed the literature on the device and in a typical study of 50 
    patients, there were 3 failures to dilate and 3 patients with cervical 
    tears (Ref. 42). The Panel believed that more data concerning these 
    types of dilators were necessary before standards could be written.
        (3) Risks to health.
         Laceration of the cervix--Appropriate design and material 
    are necessary to prevent trauma to the cervix and possible subsequent 
    infertility.
         Electrical shock--Malfunction of the device could result 
    in electrical shock to the patient.
         Adverse tissue reaction--Material in the device could 
    cause a systemic or local tissue reaction when the device comes in 
    contact with the patient.
         Infection--If the device is not properly sterilized, it 
    may introduce microorganisms that could cause infection.
    
    [[Page 46725]]
    
    
    Metreurynter-Balloon Abortion System (Sec. 884.5050)
    
        (1) Identification. A metreurynter-balloon abortion system is a 
    device used to induce abortion. The device is inserted into the uterine 
    cavity, inflated, and slowly extracted. The extraction of the balloon 
    from the uterus causes dilation of the cervical os. This generic type 
    of device may include pressure sources and pressure controls.
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' familiarity with the device and a review of the 
    literature on this device. Although journal articles discussing the use 
    of this device in Japan indicate that it may be safe and effective 
    (Refs. 43 and 44), the Panel believed that these data were inconclusive 
    and that more studies needed to be performed to establish the 
    performance characteristics of the device. A standard textbook 
    mentioned that the device is rarely used because of potential trauma or 
    infection, unpredictability, and the risk of a live-born fetus (Ref. 
    45).
        (3) Risks to health.
         Infection--If the device is not properly sterilized, it 
    may introduce microorganisms that could cause infection.
         Trauma, laceration, hemorrhage, and perforation--Poor 
    design of the device could cause uneven dilation of the cervix causing 
    injury to the patient.
         Adverse tissue reaction--Material or substances in the 
    device could cause a systemic or local tissue reaction when the device 
    comes in contact with the patient's cervix.
         Unnecessary medical procedures--Loss of the device could 
    result in an otherwise unnecessary medical procedure to recover the 
    device from the uterus.
    
    Abdominal Decompression Chamber (Sec. 884.5225)
    
        (1) Identification. An abdominal decompression chamber is a 
    hoodlike device used to reduce pressure on the pregnant patient's 
    abdomen for the relief of abdominal pain during pregnancy or labor.
        (2) Summary of data. The Panel based its recommendation on personal 
    knowledge of, and experience with, this device. The Panel considered 
    this device to be ineffective. Additionally, the Panel found no 
    literature available to supply adequate clinical data supporting any 
    claim of effectiveness. The consensus of the Panel was that any data 
    that might be developed would support an action to ban the device 
    because its risks outweigh its benefits.
        (3) Risks to health.
         Difficult patient management--The device is cumbersome and 
    covers the abdominal area of the patient, thus blocking the physician 
    from examining the patient.
         Supine hypotension--Because the patient is required to lie 
    on her back, the possibility of induced low blood pressure and 
    consequent complications exists.
    9. Orthopedic Devices
    
    Ankle Joint Metal/Polymer Non-Constrained Cemented Prosthesis 
    (Sec. 888.3120)
    
        (1) Identification. An ankle joint metal/polymer non-constrained 
    cemented prosthesis is a device intended to be implanted to replace an 
    ankle joint. The device limits minimally (less than normal anatomic 
    constraints) translation in one or more planes. It has no linkage 
    across-the-joint. This generic type of device includes prostheses that 
    have a tibial component made of alloys, such as cobalt-chromium-
    molybdenum, and a talar component made of ultra-high molecular weight 
    polyethylene, and is limited to those prostheses intended for use with 
    bone cement (Sec. 888.3027).
        (2) Summary of data. The members of the Orthopedic Devices 
    Classification Panel based their recommendation on the Panel members' 
    personal knowledge of the device and on the available medical 
    literature. According to Freeman (Ref. 47), ``It is still too early to 
    say whether this operation (total ankle joint replacement) offers any 
    advantages over arthrodesis * * *. It would appear a comfortable mobile 
    ankle can be produced but how reliably this can be done and how long 
    the results will last is impossible to say.'' The only available 
    clinical study on the device at the time of the Panel meeting had been 
    done by Newton (Ref. 48). From 1973 to 1978, 50 patients had this 
    prosthesis implanted. There have been 20 (40 percent) reported 
    failures. FDA believed these data are insufficient to establish the 
    safety and effectiveness of ankle joint metal/polymer non-constrained 
    prostheses.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Elbow Joint Humeral (Hemi-Elbow) Metallic Uncemented Prosthesis 
    (Sec. 888.3180)
    
        (1) Identification. An elbow joint humeral (hemi-elbow) metallic 
    uncemented prosthesis is a device intended to be implanted, made of 
    alloys such as cobalt-chromium-molybdenum, that is used to replace the 
    distal end of the humerus formed by the trochlea humeri and the 
    capitulum humeri. The generic type of device is limited to prostheses 
    intended for use without bone cement (Sec. 888.3027).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device. The only available clinical data at the time of the Panel 
    meeting were the results of 2 surgeons who had implanted 18 devices 
    over a 10-year period (Ref. 49). An earlier publication (Ref. 50) 
    discussed the clinical results in what appeared to be the first 10 of 
    these 18 implantations. The devices had been implanted in nine patients 
    (one patient had prostheses implanted bilaterally). These patients were 
    evaluated 1 to 7 years later and only four patients (44 percent) had 
    stable, pain-free elbows with a functional range of motion. New bone 
    growth restricted or totally blocked elbow joint motion in three 
    patients. The device was removed in two other patients; because of 
    joint pain and swelling in one; and because the device had dislocated 
    and was eroding through the skin in the other.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in the loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and release of materials from the device to the 
    
    [[Page 46726]]
    surrounding tissues and systemic circulation.
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Finger Joint Metal/Metal Constrained Uncemented Prosthesis 
    (Sec. 888.3200)
    
        (1) Identification. A finger joint metal/metal constrained 
    uncemented prosthesis is a device intended to be implanted to replace a 
    metacarpophalangeal (MCP) or proximal interphalangeal (finger) joint. 
    The device prevents dislocation in more than one anatomic plane and 
    consists of two components which are linked together. This generic type 
    of device includes prostheses made of alloys, such as cobalt-chromium-
    molybdenum, or protheses made from alloys and ultra-high molecular 
    weight polyethylene. This generic type of device is limited to 
    prostheses intended for use without bone cement (Sec. 888.3027).
        (2) Summary of data. The only finger joint metal/metal constrained 
    uncemented prosthesis discussed in the literature at the time of the 
    Panel meeting was a two-pronged stainless steel hinged prostheses that 
    was developed by Flatt for use in the MCP and the proximal 
    interphalangeal (PIP) joints of the fingers.
        Flatt presented clinical results with the Flatt finger prosthesis 
    in a series of publications over a 12-year period (Refs. 51 through 
    56). Thirty-one prostheses had been implanted for 6 months or more (6 
    months to 34 months); 23 in the PIP joint and 8 in the MCP joint. In 
    the earliest of these reports, Flatt noted that despite early 
    encouraging clinical results, the long-term outlook for the device did 
    not look favorable. In particular, Flatt noted that the bone absorption 
    that occurs around the neck of the prosthesis may possibly lead to 
    obstruction of flexion. Flatt also noted that possible complications 
    from use of the device might be: (a) Bone erosion in patients in whom 
    the intramedullary prongs have been forced together in the medullary 
    canal, and (b) metal fatigue and fracture of the intramedullary prongs.
        Subsequent publications by Flatt (Refs. 55 and 56) showed that the 
    predicted complications did, in fact, occur. Flatt and Ellison (Ref. 
    55) reported on the implantation of 242 prostheses (167 in the MCP 
    joint and 75 in the PIP joint) with an average followup of 6.2 years 
    (range 1 to 12 years). Twenty-six (10.7 percent) of the prostheses (15 
    MCP and 11 PIP) had to be removed for the following reasons: 
    Periarticular fibrosis (bone resorption) and settling, 14; failure 
    (i.e., fracture) of both intramedullary prongs, 2; failure of the screw 
    holding the hinge together, 2; breakdown of the skin over the 
    prosthesis, 5; and infection, 3. The authors reported that of the 
    prostheses that required removal, more than half were removed because 
    of settling within the recipient bones. Bone absorption around the 
    intramedullary prongs, scarring, or heterotrophic bone formation around 
    the hinge caused sufficient mechanical difficulties to necessitate 
    removal of the prosthesis. Flatt and Ellison noted that the gradually 
    progressing periarticular fibrosis (bone resorption) resulted in a 
    decreased range of joint motion and was related to very active use of 
    the hand.
        Girzados and Clayton (Ref. 57) reported on the implantation of 23 
    Flatt finger prostheses in 11 patients with an average followup of 44 
    months (range 24 to 73 months). Of the 23 prostheses implanted, 11 were 
    in the MCP joints of the fingers, 8 were in the PIP joints of the 
    thumb. Bone absorption around the neck and stems of the prosthesis 
    occurred in 16 of the 23 (69 percent) joints. Six prostheses (26 
    percent) were rated as poor results: Three had no motion 
    postoperatively; one was grossly unstable; and two were implanted in a 
    patient with active rheumatoid disease who, over a period of 64 months, 
    had intermittent swelling and pain over the joints that had been 
    replaced with the prostheses. The authors reported that ``good'' or 
    ``fair'' results were obtained in 13 (56 percent) of the joints. 
    However, the number of patients having pain-free stable joints with a 
    useful range of motion (defined as ``good'') as opposed to those with 
    limited motion, minimal pain, and instability (defined as ``fair'') 
    could not be determined.
        Problems associated with the Flatt finger prosthesis have been 
    recognized by many authors (Refs. 58 through 63). Several authors 
    (Refs. 58 and 59) reported that these prostheses have not been 
    generally accepted because of the accompanying bone resorption. 
    McFarland (Ref. 60) reported that the Flatt prosthesis had been only 
    moderately successful, that complications were frequent and included 
    bone overgrowth with loss of motion, migration of the prosthesis due to 
    bone erosion, and metal failures (i.e., device fractures). Goldner and 
    Urbaniak (Ref. 62) and Smith and Broudy (Ref. 63) noted that the bone 
    resorption and subsequent migration of the devices was caused by the 
    use of a rigid material in osteoporotic bone. Smith and Broudy (Ref. 
    63) also noted that the intramedullary prongs frequently migrate 
    through the cortex and occasionally the hinge would break or the 
    overlying skin would ulcerate, causing tendon rupture and infection.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation.
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Finger Joint Metal/Metal Constrained Cemented Prosthesis 
    (Sec. 888.3210)
    
        (1) Identification. A finger joint metal/metal constrained cemented 
    prosthesis is a device intended to be implanted to replace a MCP 
    (finger) joint. This device prevents dislocation in more than one 
    anatomic plane and has components which are linked together. This 
    generic type of device include prosthesis that are made of alloys, such 
    as cobalt-chromium-molybdenum, and is limited to those prosthesis 
    intended for use with bone cement (Sec. 888.3027).
        (2) Summary of data. Two types of these prostheses were discussed 
    in the literature: (a) The Link prostheses, a metallic hinge intended 
    to replace the MCP joint of a finger or thumb; and (b) the Biomedical 
    Laboratories of the University of Cincinnati (BLUC) prostheses, a 
    hinged metallic prostheses intended to replace the MCP joint of the 
    thumb.
        Devas and Shah (Refs. 64 and 65) reported on the implementation of 
    51 Link prostheses in 25 patients with an average postoperative 
    followup of 4 years (range 2 to 6 years). In 15 (30 percent) of these 
    implantations, the patient had persistent pain in the joint and what 
    was described as a useless finger. The authors believed that the 
    proportion of patients with pain was far too large to make the 
    treatment method freely available. They noted that the main cause of 
    failure was due to loosening of the prostheses with disruption 
    (erosion) of the bone. They also noted that in most of the joints with 
    good and fair results the prosthesis had become loose but that the 
    patients were free from symptoms at the time of 
    
    [[Page 46727]]
    evaluation. The authors believed that prosthesis loosening may have 
    been caused by fixation of the components by injecting the cement into 
    the metacarpal and phalangeal bone shafts, and it was noted that a 
    modified prosthesis with a different technique of insertion was being 
    considered (Ref. 65). Two papers (Refs. 66 and 67) described the design 
    and testing of the BLUC thumb prostheses. Clinical results, however, 
    were not presented. FDA believed that the data available on the 
    devices, the clinical results of the use of the devices in 25 patients 
    with a reported failure rate of 30 percent, and the recommendation by 
    the authors that the procedure not be made freely available, did not 
    establish the long-term safety and effectiveness of finger joint metal/
    metal constrained prostheses.
        (3) Risks to health
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation.
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Finger Joint Metal/Polymer Constrained Cemented Prosthesis 
    (Sec. 888.3220)
    
        (1) Identification. A finger joint metal/polymer constrained 
    cemented prosthesis is a device intended to be implanted to replace a 
    MCP or proximal interphalangeal (finger) joint. The device prevents 
    dislocation in more than one anatomic plane, and consists of two 
    components which are linked together. This generic type of device 
    includes prostheses that are made of alloys, such as cobalt-chromium-
    molybdenum, and ultra-high molecular weight polyethylene, and is 
    limited to those prostheses intended for use with bone cement 
    (Sec. 888.3027).
        (2) Summary of data. Clinical results on three designs of finger 
    joint polymer constrained prostheses were presented in the literature: 
    The Calnan-Nicolle prosthesis, intended for use in the MCP and PIP 
    joints for the fingers; the Niebauer prosthesis also intended for use 
    in the MCP and PIP joints of the fingers; and the Swanson prosthesis 
    intended for use in the MCP and PIP joints of the fingers and for the 
    MCP joint of the thumb.
        a. Calnan-Nicolle prosthesis. This device has two components: An 
    across-the-joint component having intramedullary stems and a flexible 
    hinge made of polypropylene, and a silicone rubber sleeve which 
    encapsulates the flexible hinge portion of the device (Ref. 72). 
    Griffiths and Nicolle (Ref. 73) reported on the clinical results 8 to 
    37 months (average of 20 months) after implantation of the Calnan-
    Nicolle device in 112 MCP joints in 31 patients. Complete relief from 
    pain was obtained in four (13 percent) patients. There was much 
    improvement over preoperative pain status in 13 (42 percent), moderate 
    pain relief in 10 (32 percent), and little pain relief in 4 (13 
    percent) patients. These authors reported that a deterioration in the 
    performance of the prosthesis occurred in up to half of the patients 
    between 1 and 2 years after insertion of the prosthesis; and that part 
    of the deterioration in function was due directly to mechanical failure 
    of the prosthesis. The range of joint motion had deteriorated over time 
    in 33 of the 40 (82.5 percent) hands on which surgery was performed. 
    Joint deformity was ``corrected and held'' in 10 to 31 hands (32 
    percent), was corrected initially but recurred in 14 of 31 (45 percent) 
    hands, and worsened in 7 of 31 (23 percent) hands. The silicone capsule 
    (sleeve) had fractured in 31 of the 112 prostheses (28 percent). The 
    polypropylene stems had fractured in five joints (5 percent). Nicolle 
    (Ref. 71) noted that time and experience had shown that the 
    polypropylene hinge of the Calnan-Nicolle prosthesis does not appear to 
    be strong enough to withstand fully the compression and torsional 
    stresses that may occur in the use of the hand.
        b. Niebauer prosthesis. This device consists of a single, flexible, 
    across-the-joint component. The intramedullary stems and the flexible 
    hinge portion of the device are made of silicone to allow tissue 
    penetration and fixation of the stems. Beckenbaugh et al. (Ref. 75) 
    reported on the clinical results 12 to 65 months (average 32 months) 
    after implantation in the MCP joints of 68 Niebauer prostheses and 
    found a fracture rate of the device of 38.2 percent (26 devices), 
    recurrence of clinical deformity in 44.1 percent (30 devices) and 
    recurrence of pain in 2 percent. Goldner et al. (Ref. 76) reported a 
    fracture rate of 29.7 percent in 37 prostheses implanted for 6.5 years 
    and 17.5 percent fracture rate in 143 prostheses implanted 4 to 6 
    years. These authors believe that the silicone-polyester material used 
    in the device may absorb lipids and become brittle, and that eventual 
    fracture of the prosthesis is a possibility, but that fracture does not 
    preclude a good functional result. Goldner and Urbaniak (Ref. 77) 
    evaluated 103 patients over a 4-year period. Pain was relieved or 
    greatly diminished postoperatively in all but 8 of the 103 patients. 
    The average active range of motion in these patients was 51 degrees. 
    The range of motion was noted to increase up to about 1 year 
    postoperatively; and then thought to decrease slightly, possibly due to 
    enlarged bony outgrowths from the surface of the bone and impingement 
    of peripheral bone on the hinge of the device. In two (2 percent) of 
    patients, the device had fractured, which was accompanied by deformity 
    and a moderate amount of pain.
        Hagert (Ref. 78) conducted X-ray examinations on 41 joints with 
    Niebauer implants. This author reported that of the 41 prostheses 
    studied, 26 (63.4 percent) were found to be damaged (i.e., cracked 
    within the implant midsection, fragmented at the midsection, or 
    fractured at the hinge), 1 to 36 months postoperatively. This author 
    believed that the Niebauer implant might be too weak to withstand 
    forces in the MCP joints, and that a possible contributing factor was 
    the use of materials (polyester fiber and silicone rubber) with 
    differing elasticity. This author noted that the Niebauer implant was 
    reported to have withstood 100 million flexions during mechanical tests 
    bending it around a fixed axis, but not exposing it simultaneously to 
    shearing type forces which are present in the MCP joint. These shearing 
    forces were reportedly most probably responsible for the deformation of 
    the implant and the subsequent damage observed. Niebauer and Landry 
    (Ref. 79) reported that destruction of the bone around the hinge of the 
    device had occurred in a few cases and that this atrophy may be the 
    result of pressure from the prosthesis. In an evaluation by X-ray of 
    the 41 Niebauer prostheses, Hagert (Ref. 78) observed bone resorption 
    in 23 of the 41 joints (56 percent). The cortex of the bone was 
    penetrated in 13 (32 percent) of these joints. It was reported that the 
    observed erosion of the bone is most likely caused by motion of the 
    intramedullary stems within the medullary cavity, and is exaggerated by 
    the rough polyester surface of the device.
        c. Swanson prosthesis. This device is made entirely of silicone 
    rubber and is 
    
    [[Page 46728]]
    designed to act as an internal mold, maintaining joint alignment, 
    becoming encapsulated and stabilized by fibrous tissue, and gliding or 
    moving within the medullary cavity rather than being fixed to the bone 
    (Ref. 80). A number of reports (Refs. 75 and 80 through 86) were found 
    describing the use of the Swanson prostheses in the MCP joints of the 
    fingers, but few reports (Refs. 87 through 90) were available 
    describing the use of this device in the MCP joint of the thumb, or the 
    PIP joints of the fingers. In 1976, it was reported that a new ``high 
    performance'' silicone elastomer material had been developed for use in 
    the Swanson prosthesis. With the exception of one report (Ref. 90), the 
    available clinical data were obtained using prostheses made from the 
    ``conventional'' silicone elastomer. Fracture of implants made of the 
    ``conventional'' silicone elastomer appears to be the most frequently 
    reported failure. Beckenbaugh et al. (Ref. 75) reported that of 186 
    Swanson prostheses implanted in the MCP joint for an average of 32 
    months (range 12 months to 65 months), 26.3 percent (49) had fractured. 
    Hagert et al. (Ref. 82) reported that of 104 Swanson implants 
    evaluated, 25 percent (26) had failed, either by cracking or 
    fragmenting and fracturing within the followup period of 1.5 to 5 
    years. Mannerfelt and Anderson (Ref. 83) reported a fracture rate of 
    2.8 percent in 144 joints evaluated 1.5 to 3.5 years (average 2.5 
    years) after implantation. Ferlic et al. (Ref. 84) reported a fracture 
    rate of 9 months (average 2.3 years) after implantation. Swanson (Ref. 
    80) reported the lowest rate of fracture, 0.88 percent, in a field 
    clinic series involving over 3,000 implants with a followup of from 6 
    to 30 months.
        The effects of fracture of the device on the clinical results were 
    evaluated by several authors. Aptekar et al. (Ref. 85) described the 
    occurrence of detritic synovitis (inflammation of the synovial tissue) 
    due to shards of silicone rubber found in relation to a broken 
    prosthesis. Beckenbaugh et al. (Ref. 75) noted that recurrence of 
    deformity was associated with implant fracture, i.e., ulnar drift, in 
    14 percent; weakness or instability in 21 percent; hyperextension in 11 
    percent; and some clinical deformities in 43 percent; but that while 
    the recurrence of deformity implied that soft tissue balance was not 
    present after the implant fractured, it was not clear whether the 
    imbalance caused the fracture or developed because of it.
        Hagert (Ref. 86) believed that the increased displacement, i.e., 
    ulnar deviation, noted in some joints with fractured implants, may 
    indicate insufficiency of the fibrous capsule surrounding the implant 
    to restrain the forces occurring at the MCP joint. This pressure, 
    combined with movement of the implant within the medullary canal was 
    reportedly found to cause a moderately progressive bone resorption 
    throughout the followup period in all of the 36 joints examined. 
    Resorption was observed around the midsection of the prosthesis where 
    the implant was in close contact with bone and around the 
    intramedullary stems of the device. Erosion of bone around the 
    midsection of the device led to various degrees of migration of the 
    device in 28 out of 36 (78 percent) of the joints examined. The author 
    found that decreased joint flexion was observed due either to the 
    distal migration of the implant or a growing volar bony spur in 13 out 
    of the 39 (33 percent) joints examined. He concluded that the design of 
    the device may be insufficient to fully restrain the volarly and 
    proximally directed forces in the MCP joint and the serious decrease of 
    flexion. Hagert et al. (Ref. 82) reported that although it is generally 
    accepted that silicone rubber absorbs lipids and other substances, the 
    effects on material changes and degradation is not adequately known. 
    Weightman et al. (Ref. 87) noted that lipid absorption could contribute 
    to mechanical failure of the prostheses, as chemical deterioration is 
    known to be a prime initiator of fatigue failures of polymers. Other 
    clinical results have been reported in the literature (Refs. 80, 81, 
    87, and 89) on the use of this prosthesis in large numbers of patients. 
    These results were very similar to those summarized previously.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design of 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Hip Joint Metal Constrained Cemented or Uncemented Prosthesis 
    (Sec. 888.3300)
    
        (1) Identification. A hip joint metal constrained cemented or 
    uncemented prosthesis is a device intended to be implanted to replace a 
    hip joint. The device prevents dislocation in more than one anatomic 
    plane and has components that are linked together. This generic type of 
    device includes prostheses that have components made of alloys, such as 
    cobalt-chromium-molybdenum, and is intended for use with or without 
    bone cement (Sec. 888.3027). This device is not intended for biological 
    fixation.
        (2) Summary of data. The agency has obtained data and information 
    describing the use of hip joint metal constrained prostheses. Sivash 
    (Ref. 91) reported on implantation in 164 patients; followup time was 1 
    to 9 years. Breakage of the prosthesis was reported in 13 (8 percent) 
    of the patients. Because of the lack of adequate data to demonstrate 
    the safety and effectiveness of these implanted devices, FDA believed 
    that use of the hip joint metal constrained prosthesis presents an 
    unreasonable risk of illness or injury.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device, or loosening of the device in the 
    surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to a dissolution or wearing away from the surfaces 
    of the device and the release of material from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Hip Joint Metal/Polymer Constrained Cemented or Uncemented Prosthesis 
    (Sec. 888.3310)
    
        (1) Identification. A hip joint metal/polymer constrained cemented 
    or uncemented prosthesis is a device intended to be implanted to 
    replace a hip joint. The device prevents dislocation in more than one 
    anatomic plane and has components that are linked together. This 
    generic type of device includes prostheses that have a femoral 
    component made of alloys, such 
    
    [[Page 46729]]
    as cobalt-chromium-molybdenum, and an acetabular component made of 
    ultra-high molecular weight polyethylene. This generic type of device 
    is intended for use with or without bone cement (Sec. 888.3027). This 
    device is not intended for biological fixation.
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation.
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Hip Joint (Hemi-Hip) Acetabular Metal Cemented Prosthesis 
    (Sec. 888.3370)
    
        (1) Identification. A hip joint (hemi-hip) acetabular metal 
    cemented prosthesis is a device intended to be implanted to replace a 
    portion of the hip joint. This generic type of device includes 
    prostheses that have an acetabular component made of alloys, such as 
    cobalt-chromium-molybdenum. This generic type of device is limited to 
    those prostheses intended for use with bone cement (Sec. 888.3027).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Hip Joint Femoral (Hemi-Hip) Trunnion-Bearing Metal/Polyacetal Cemented 
    Prosthesis (Sec. 888.3380)
    
        (1) Identification. A hip joint femoral (hemi-hip) trunnion-bearing 
    metal/polyacetal cemented prosthesis is a two-part device intended to 
    be implanted to replace the head and neck of the femur. This generic 
    type of device includes prostheses that consist of a metallic stem made 
    of alloys, such as cobalt-chromium-molybdenum, with an integrated 
    cylindrical trunnion bearing at the upper end of the stem that fits 
    into a recess in the head of the device. The head of the device is made 
    of polyacetal (polyoxymethylene) and it is covered by a metallic alloy, 
    such as cobalt-chromium-molybdenum. The trunnion bearing allows the 
    head of the device to rotate on its stem. The prosthesis is intended 
    for use with bone cement (Sec. 888.3027).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device and on a presentation to the Panel. Dr. Ian Goldie (University 
    of Goteborg) presented the results of several Norwegian studies with 
    these prostheses. Dr. Goldie referred to Christiansen's series of 241 
    hips in which excellent results were obtained in 57 percent of the 
    cases and good results in 33 percent. In this series, there were five 
    infections, seven cases of loosening of the acetabular cup, two 
    dislocations shortly after operation, two cases of femoral perforation, 
    and three cases of heterotopic ossification. Dr. Goldie then presented 
    the results of his own series of 61 patients. In the 19 patients with 2 
    years followup, and in the 28 patients with 6 months followup, there 
    were no complications. However, in the remaining 14 patients with a 
    followup of 1 year, there were the following complications: 2 
    dislocations between the head and the cup, 2 cases of heterotopic 
    ossification, and 2 patients with inexplicable pain.
        FDA sought additional data and information on the safety and 
    effectiveness of these devices. A review of the medical literature 
    revealed a disagreement regarding the resistance to wear of polyacetal 
    materials. McKellop et al. (Ref. 92) reported that laboratory wear 
    rates for polyacetal ranged from 70 percent lower than polyethylene to 
    540 percent higher. Dumbleton (Ref. 93) reported wear in the trunnion 
    sleeve of the device and that polyacetal exhibits a low resistance to 
    wear. Because of the potential problems involving its resistance to 
    wear, the long-term effectiveness of this device is questionable. The 
    initial investigator and his associates have been the primary users of 
    this device. Long-term followup data are available only from the 
    initial investigator. Clinical cases documenting effectiveness and 
    safety of the device involve usage of less than 3 years.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction in 
    joint function due to excessive wear, fracture, deformation of the 
    device components, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility or resistance to wear, may result in an adverse tissue 
    reaction due to dissolution or wearing away of the surfaces of the 
    device and the release of materials from the device to the surrounding 
    tissues and systemic circulation. -
         Infection--The presence of a prosthesis within the body 
    may lead to an increased risk of infection.
    
    Knee Joint Femorotibial Metallic Constrained Cemented Prosthesis 
    (Sec. 888.3480)
    
        (1) Identification. A knee joint femorotibial metallic constrained 
    cemented prosthesis is a device intended to be implanted to replace 
    part of a knee joint. The device prevents dislocation in more than one 
    anatomic plane and has components that are linked together. The only 
    knee joint movement allowed by the device is in the sagittal plane. 
    This generic type of device includes prostheses that have an 
    intramedullary stem at both the proximal and distal locations. The 
    upper and lower components may be joined either by a solid bolt or pin, 
    an internally threaded bolt with locking screw, or a bolt retained by 
    circlip. The components of the device are made of alloys, such as 
    cobalt-chromium-molybdenum. The stems of the device may be perforated, 
    but are intended to be implanted with a polymethylmethacrylate luting 
    agent (bone cement).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and experience with, the device, 
    and its 
    
    [[Page 46730]]
    review of the medical literature. Results from using the device in more 
    than 720 cases have been reported in the medical literature in the 
    United States during the past 3 years (Refs. 94, 100, and 103). Reports 
    in the medical literature exist that document use of the device in 
    several thousand cases worldwide during the past 10 years. The Panel 
    believed that this extensive clinical use has revealed the usual 
    mechanical problems, implant loosening and settling. The Panel 
    determined that the overall risks resulting from use of the prosthesis 
    were no worse than the risks associated with major knee surgery without 
    implantation of a prosthesis.
        Of the 957 patients reviewed by the Panel who have had this 
    prosthesis implanted and who were discussed in the worldwide medical 
    literature (Refs. 94 through 105), 108 (11 percent) suffered implant 
    failure, 233 (24 percent) of the cases had complications, and 104 (11 
    percent) had loosening of the prosthesis.
        FDA sought additional data on the safety and effectiveness of this 
    device. Kettelkamp (Ref. 105) reported that the failure rate for the 
    device ranges from 5 percent to 24 percent for the hinged metal knee 
    prosthesis, with a short followup time. Kettlekamp (Ref. 105) and Chand 
    (Ref. 106) both believe that excessive forces may be applied to the 
    intramedullary stem bone cement interface because the constrained 
    prosthesis hinge prevents medial/lateral joint movement. Kettlekamp 
    believes that if the stem loosens, the cement may rub away and destroy 
    the surrounding bone, causing a larger cavity and making revision 
    difficult or impossible.
        Kettlekamp reviewed reports in the medical literature on use of 576 
    Walldius hinged knee prostheses. In one group of 144 implantations, 
    complications occurred in 29 cases (13 percent). In the remaining 432 
    cases, 89 (20 percent) were classified as failures, 33 (7 percent) 
    required reoperations, and 53 (12 percent) had loosening. Fractures 
    occurred in 11 cases (2 percent) and deep infection was reported in 35 
    knees (8 percent). Kettlekamp reported that the incidence of 
    complication increased with the length of reported followup. Brady and 
    Garber (Ref. 103) reviewed results of implanting the Shiers design of 
    this device in 288 knees. He reported poor results in 71 knees (24 
    percent), reoperation was required in 33 knees (11 percent), and 
    loosening observed in 56 knees (19 percent). Brady stated that the 
    major problems involved with use of these prosthesis are the absence of 
    axial (medial) rotation, the necessary resection of large amounts of 
    bone, and the creation of physiologic dead space.
        Kettlekamp (Ref. 105) and Deburge et al. (Ref. 107) reported that 
    the major problem with the Shiers design prosthesis is loosening. 
    Deburge reported a loosening rate of 15 percent (22 patients) during a 
    5-year followup of the request of implanting the Guepar constrained 
    knee prosthesis in 152 patients. However, less than half of these 
    instances of device loosening were symptomatic (10 of 22 patients). 
    Reoperations were performed on the 10 patients. Other authors (Ref. 
    100) believed that the rate of loosening of the prosthesis is higher, 
    possibly around 80 percent, but that only a small percentage of those 
    patients with device loosening are symptomatic.
        Arden and Kamdar (Ref. 108) reported followup for 7 years on 
    implantation of 193 Shiers design prostheses. They reported that 11 
    percent of the patients had aseptic loosening. Kaushal et al. (Ref. 
    109) reported followup examination of a series of 30 knees about 42 
    months following implantation of the prosthesis. The examination 
    revealed that 13 knees (46 percent) had phlebothrombosis, 8 knees (11 
    percent) had asymptomatic loosening, 4 knees (5.4 percent) had deep 
    infections, and 3 knees (4.3 percent) had symptomatic loosening. The 
    major problems with use of the prosthesis were settling, loosening, and 
    limitation on the range of joint motion allowed. In preliminary data, 
    Van Camp et al. (Ref. 110) showed that stress loading appeared to cause 
    mechanical loosening of the device.
        Walker (Ref. 111) stated that the valgus angle of the knee was 
    ignored in the older designs of this prosthesis. Walker said this 
    design problem resulted in lateral stress on the intramedullary stems 
    of the device. This theory was verified experimentally by Wagner and 
    Bourgois (Ref. 112). Wagner and Bourgois also showed that, in both the 
    Walldius and Shiers designs of the prosthesis, the prosthesis' axis of 
    rotation was not equivalent to the axis of the anatomic joint it 
    replaced. These researchers said the pin in the Shiers prosthesis was 
    turned down on the axis and that it might loosen if the prosthesis were 
    overstressed. Because the axle pin of the Walldius prosthesis is 
    clamped on one side, the location of the axis causes localized wear.
        Although infection immediately following implantation of a 
    prosthesis is primarily a result of surgical technique, Swanson et al. 
    (Ref. 113) stated that the design of the prosthesis may minimize the 
    rate of infection associated with implantation. Swanson found that the 
    infection rate was lower when less bone was removed for insertion of 
    the device. Phillips and Taylor (Ref. 98) reported that most groups of 
    patients who have received this prosthesis have suffered about a 10 
    percent higher incidence of infection than patients in whom other 
    generic types of knee prostheses have been implanted.
        In cases of total failure of implantation of a joint prosthesis, 
    the prosthesis may be removed and the joint fused (arthrodesis). The 
    rate of success in performing arthrodesis is related to the amount of 
    bone that was removed to implant the device. Arthrodesis is difficult 
    following implantation of a constrained joint replacement device.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Knee Joint Patellofemoral Polymer/Metal Semi-Constrained Cemented 
    Prothesis (Sec. 888.3540)
    
        (1) Identification. A knee joint patellofemoral polymer/metal semi-
    constrained cemented prosthesis is a two-part device intended to be 
    implanted to replace part of a knee joint in the treatment of primary 
    patellofemoral arthritis or chondromalacia. The device limits 
    translation and rotation in one or more planes via the geometry of its 
    articulating surfaces. It has no linkage across-the-joint. This generic 
    type of device includes a component made of alloys, such as cobalt-
    chromium-molybdenum or austenitic steel, for resurfacing the 
    intercondylar groove (femoral sulcus) on the anterior aspect of the 
    distal femur, and a patellar component made of ultra-high molecular 
    weight polyethylene. This generic type of device is limited to those 
    devices intended for use with bone cement (Sec. 888.3027). The patellar 
    component is designed to be implanted only with its femoral component.
    
    [[Page 46731]]
    
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and experience with, similar 
    devices and a presentation made to the Panel. Fox reported on his 
    clinical experience with this generic type of device. Fox stated that 
    patellofemoral joint replacement was performed in more than 60 knees, 
    with the followup since 1974. He reported that he, as well as his 
    patients, were pleased with the results.
        Other than the presentation to the Panel made by Fox, FDA was not 
    aware of any clinical data for this device. Moreover, because Fox 
    provided no details regarding the device or its implantation procedure, 
    FDA was not certain that the devices Fox implanted belong to this 
    generic class.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution of wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Knee Joint Patellofemorotibial Polymer/Metal/Metal Constrained Cemented 
    Prosthesis (Sec. 888.3550)
    
        (1) Identification. A knee joint patellofemorotibial polymer/metal/
    metal constrained cemented prosthesis is a device intended to be 
    implanted to replace a knee joint. The device prevents dislocation in 
    more than one anatomic plane and has components that are linked 
    together. This generic type of device includes prostheses that have a 
    femoral component, a tibial component, a cylindrical bolt and 
    accompanying locking hardware that are all made of alloys, such as 
    cobalt-chromium-molybdenum, and a retropatellar resurfacing component 
    made of ultra-high molecular weight polyethylene. The retropatellar 
    surfacing component may be attached to the resected patella either with 
    a metallic screw or luting agent. All stemmed metallic components 
    within this generic class are intended to be implanted with a 
    polymethylmethacrylate luting agent (bone cement).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' knowledge of, and experience with, the device and a 
    presentation made to the Panel. Pritchard and Fox described their 
    experiences with various patellofemoral joint replacing devices 
    including this generic type of device. Pritchard has implanted 
    patellofemorotibial joint prostheses in at least 100 patients during 
    the 3 years prior to the Panel meeting. Also, Fox reported that he has 
    achieved good results in over 60 cases since 1974. In May 1962, Young 
    (Ref. 116) reported on a series of 16 patients ranging in age from 31 
    to 70 years who had a Young design prosthesis implanted (2 were 
    bilateral implantations). With a followup time between 9 and 61 months 
    (median of 20 months), 7 of these 16 experienced a clinical failure 
    (43.8 percent) with a mean time of about 9 months before prosthesis 
    removal and arthrodesis (joint fusion). In a later report in 1971, 
    Young (Ref. 120) stratified results by indication: At least 3 of 19 
    osteoarthritic knees were failures (15.8 percent incidence); at least 
    17 of 45 rheumatoid knees failed (37.8 percent incidence); of 4 
    replacements for giant-cell tumor, 2 failed (50 percent incidence); and 
    at least 6 of 10 traumatic arthritic knees failed (60 percent 
    incidence).
        Young noted that nine knees examined sometime after initial 
    implantation demonstrated darkening in tissue adjacent to metallic 
    components. Young believed that the darkening of tissue was caused by 
    tissue contamination from corrosion products. Young also believed that 
    similar tissue darkening was noted by Girzadas et al. (Ref. 117). Young 
    believed that the darkening was caused by the bolts used in his design 
    that were made from a cobalt-based alloy, whereas the other components 
    were made from a casting alloy. Young stated that, as a result of his 
    survey of the clinical results for 85 physicians who had implanted the 
    Young-design prosthesis, he was not optimistic about use of the hinged 
    metal/metal knee prostheses and their future for replacement 
    arthroplasty.
        In 1973, Hanslik (Ref. 121) reported results of using the device in 
    50 patients (two bilaterally implanted), principally for the indication 
    of stereoarthrosis. Minimum followup was not given, while maximum 
    followup was possibly 4 years. The patients ranged in age from 56 to 76 
    years. At least four failures (8 percent) were associated with 
    restricted gliding of the patellofemoral articulation: One of these was 
    attributed to polymethylmethacrylate-induced bony necrosis. Hanslik 
    used the Young (Ref. 116) design of prosthesis and had made major 
    modifications in implantation technique as recommended by Friedebold 
    and Radloff (Refs. 115, 118, and 120). Hanslik performed partial 
    resection of the patella rather than total excision and used a 
    polymethylmethacrylate luting agent to grout the medullary stems 
    (presumably in addition to the cancellous bone screws recommended by 
    Young). Friedebold and Radloff (Ref. 119) reported on use of the 
    prosthesis in femorotibial replacement in 11 patients ranging in age 
    from 50 to 80 years, with between 6 months and 5 years of followup. 
    There were three failures (27.3 percent).
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reactions--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surface of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Knee Joint Femoral (Hemi-Knee) Metallic Uncemented Prosthesis 
    (Sec. 888.3570)
    
        (1) Identification. A knee joint femoral (hemi-knee) metallic 
    uncemented prosthesis is a device made of alloys, such as cobalt-
    chromium-molybdenum, intended to be implanted to replace part of a knee 
    joint. The device limits translation and rotation in one or more planes 
    via the geometry of its articulating surfaces. It has no linkage 
    across-the-joint. This generic type of device includes prostheses that 
    consist of a femoral component with or without protuberance(s) for the 
    enhancement of fixation and is limited to those prostheses intended for 
    use without bone cement (Sec. 888.3027).
        (2) Summary of data. FDA was concerned about both the severity of 
    the clinical complications resulting from use of the device and the 
    rate at which these complications occur. The agency 
    
    [[Page 46732]]
    used the complication classification scheme developed by Fox (Ref. 122) 
    and grouped complications by time periods following surgical 
    implantation; immediate postoperative complications, within 2 weeks; 
    short term, within 24 months; and long term, more than 24 months. Platt 
    and Pepler reported in 1969 their clinical results on 55 patients who 
    had this prosthesis implanted with up to 10 years followup (Ref. 123). 
    Their reported incidence of complications ranged from: General--none 
    reported; systemic--none reported; and remote--1 late (2 years 
    postoperatively) paranoid schizophrenia (1.8 percent); and (4) local--
    at least 45 percent. The most frequent complication was immediate 
    postoperative infection with a presumed incidence of 25.5 percent. The 
    reoperation rate for this series of patients was reported as 20 out of 
    62 knees or 32.4 percent; assuming only 1 reoperation per patient, a 
    36.4 percent revision rate will result.
        Aufranc and Jones et al. (Refs. 124 and 125) made extensive 
    modifications to M. Smith-Peterson's original ``keeled'' femoral 
    condylar mold (Ref. 126) and commenced a series of device implantations 
    employing a noncemented stemmed implant in 1952. Clinical results on 64 
    patients with a minimum of 1-year followup showed that the incidence of 
    complications were: Zero for general and remote categories; 3.1 percent 
    for systemic (2 thrombophlebitic episodes); and a minimum of 25 percent 
    for cumulated local complications. Matching Platt and Pepler's 
    experience (Ref. 124), the most frequent complication observed was 
    immediate postoperative infection with a presumed incidence of 20.3 
    percent. This series of patients, as of mid-1969, displayed a 
    reoperation rate of 14 out of 79 knees (17.7 percent), assuming only 1 
    reoperation per patient. Considering this result, with their report of 
    16 clinical results rated at less than ``fair,'' the failure rate is 
    calculated as 38 percent with an average followup time of 87 months. 
    Aufranc and Jones (Ref. 124) noted that 6 of their initial 14 
    implantations were failures (42.9 percent) with a maximum followup of 5 
    years; apparently 10 more years of surgical experience reduced the 
    overall failure rate by 5 percent, without altering the principal 
    reported failure modes: Infection and ``poor'' clinical result.
        Further review of available literature (Refs. 108 and 127 through 
    136), failed to disclose device experience that would significantly 
    alter the trends described above.
        (3) Risks to health.
         Loss or reduction of joint or limb function--Improper 
    design or inadequate mechanical properties of the device, such as its 
    lack of strength and resistance to wear, may result in the loss or 
    reduction of joint function due to excessive wear, fracture, 
    deformation of the device, or loosening of the device in the surgical 
    cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution of wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and the systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
         Death--Death may result from lipoembolic sequelae or 
    thromboembolic complications during or immediately following 
    implantation.
    
    Knee Joint Patellar (Hemi-Knee) Metallic Resurfacing Uncemented 
    Prosthesis (Sec. 888.3580)
    
        (1) Identification. A knee joint patellar (hemi-knee) metallic 
    resurfacing uncemented prosthesis is a device made of alloys, such as 
    cobalt-chromium-molybdenum, intended to be implanted to replace the 
    retropatellar articular surface of the patellofemoral joint. The device 
    limits minimally (less than normal anatomic constraints) translation in 
    one or more planes. It has no linkage across-the-joint. This generic 
    type of device includes prostheses that have a retropatellar 
    resurfacing component and an orthopedic screw to transfix the patellar 
    remnant. This generic type of device is limited to those prostheses 
    intended for use without bone cement (Sec. 888.3027). This device is in 
    class III when intended for uses other than treatment of degenerative 
    and posttraumatic patellar arthritis; when intended for those uses, it 
    is in class II.
        (2) Summary of data. FDA was not aware of any valid scientific 
    evidence supporting the safety and effectiveness of this device when 
    intended for uses other than the treatment of degenerative and 
    posttraumatic patellar arthritis.
        3. Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Shoulder Joint Metal/Metal or Metal/Polymer Constrained Cemented 
    Prosthesis (Sec. 888.3640)
    
        (1) Identification. A shoulder joint metal/metal or metal/polymer 
    constrained cemented prosthesis is a device intended to be implanted to 
    replace a shoulder joint. The device prevents dislocation in more than 
    one anatomic plane and has components that are linked together. This 
    generic type of device includes prostheses that have a humeral 
    component made of alloys, such as cobalt-chromium-molybdenum, and a 
    glenoid component made of this alloy or a combination of this alloy and 
    ultra-high molecular weight polyethylene. This generic type of device 
    is limited to those prostheses intended for use with bone cement 
    (Sec. 888.3027).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of the device and on their knowledge 
    of the medical literature (Refs. 136 through 139). Two of these 
    references (Refs. 136 and 137) described a shoulder joint constrained 
    prosthesis (Fenlin and Zippel designs) and report that implantation of 
    the device relieved pain in 16 of 17 patients. In the patient with the 
    painful prosthesis, the authors believed that the device had loosen. 
    The times of implantation were not reported.
        Fenlin (Ref. 138) reported that the Fenlin design prosthesis had 
    been implanted in five patients. The results in three of these patients 
    were discussed. One patient was described as being free of pain, and 
    able to use the operated shoulder for all normal activities, except 
    those requiring elevation of the arm above 80 deg.. The length of 
    followup in this patient was 20 months. Complications were reported in 
    the other two patients. In one patient, the device had loosened at 3 
    months postoperatively, due to abnormal anatomy of the glenoid. The 
    second patient suffered partial nerve palsy due to damage of the 
    axillary nerve during surgery. Linscheid and Cofield (Ref. 139) 
    reported on the implantation of 13 constrained shoulder joint 
    prostheses (6 
    
    [[Page 46733]]
    of the Stanmore design, and 7 of the Bickel design). The average time 
    of followup was reported as 13 months and ranged from 2 to 26 months. 
    There were two cases of dislocations of the Stanmore design prosthesis 
    and one case of dislocation of the Bickel design prosthesis. There were 
    two additional complications reported with the Bickel design device; 
    one case of fracture of the humeral component and one case of loosening 
    of the glenoid component.
        FDA sought additional information on the safety and effectiveness 
    of these devices. Cofield (Ref. 140) reported that prosthetic 
    replacement of the shoulder joint was in 1971, an experimental, 
    investigational procedure. This author noted that basic knowledge about 
    shoulder biomechanics was limited and that current knowledge of 
    shoulder prostheses was not sufficient to establish the requirements of 
    a prosthetic replacement. Buechel et al. (Ref. 141) noted that 
    complications with current shoulder prostheses have been associated 
    with the designs of the devices: (1) The Bickel design shoulder joint 
    prosthesis was reported to dislocate and loosen due to the limited 
    motion of the prosthesis; and (2) the prosthesis design used by Lettin 
    and Scales (presumably the Stanmore design shoulder prosthesis) was 
    reported to significantly limit joint motion, then sublux, and 
    eventually dislocate at the extremes of normal joint motion. Clinical 
    results with several prosthesis designs were reported by Cofield (Ref. 
    140, 142, and 143). Eleven persons in whom Bickel design prostheses had 
    been implanted were evaluated 18 months to 39 months postoperatively 
    (Ref. 142). Three (27 percent) were experiencing significant pain. The 
    components of the Bickel device had dislocated in two cases. The 
    glenoid component had dislodged from the scapula in two cases and 
    loosened in one. The humeral component had fractured in two other 
    cases. Reoperation was required in four patients and was needed in two 
    or three others. Cofield reported that further clinical and mechanical 
    deterioration in these patients was anticipated due to progressive 
    loosening of the glenoid components and fatigue fracture of the neck of 
    the humeral component, which was not believed to be strong enough. 
    These authors concluded that this type of shoulder joint replacement 
    (i.e., the Bickel design) is not justified. Cofield (Refs. 140 and 143) 
    also reported clinical results in nine patients who had received 
    Stanmore prostheses. After an average postoperative time of 1 year 
    (ranging between 4 and 18 months), six patients had satisfactory relief 
    of pain and three had significant pain. The glenoid component had 
    loosened in two patients. FDA concurred with the Panel that the 
    reported clinical experience with these devices did not establish their 
    long-term safety and effectiveness.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. - -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Shoulder Joint Glenoid (Hemi-Shoulder) Metallic Cemented 
    (Sec. 888.3680) Prosthesis
    
        (1) Identification. A shoulder joint glenoid (hemi-shoulder) 
    metallic cemented prosthesis is a device that has a glenoid (socket) 
    component made of alloys, such as cobalt-chromium-molybdenum, or alloys 
    with ultra-high molecular weight polyethylene and intended to be 
    implanted to replace part of a shoulder joint. This generic type of 
    device is limited to those prostheses intended for use with bone cement 
    (Sec. 888.3027).
        (2) Summary of the data. The Panel based its recommendation on the 
    Panel members' personal knowledge of, and clinical experience with, the 
    device.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and the release of materials from the device to the 
    surrounding tissues and systemic circulation. -
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    Wrist Joint Metal Constrained Cemented Prosthesis (Sec. 888.3790)
    
        (1) Identification. A wrist joint metal constrained cemented 
    prosthesis is a device intended to be implanted to replace a wrist 
    joint. The device prevents dislocation in more than one anatomic plane 
    and consists of either a single flexible across-the-joint component or 
    two components linked together. This generic type of device is limited 
    to a device which is made of alloys, such as cobalt-chromium-
    molybdenum, and is limited to those prostheses intended for use with 
    bone cement (Sec. 888.3027).
        (2) Summary of data. The Panel based its recommendation on the 
    Panel members' personal knowledge of the device and on the available 
    medical literature. Gschwend et al. (Ref. 144) used this prosthesis in 
    15 cases from 1971 through 1975. Fixation was reported to be inadequate 
    and not correlated to loads imposed on the wrist joint. In three cases 
    (20 percent), the distal stem became loose. The stem fractured in two 
    cases (13 percent). On one occasion (6.6 percent) the metacarpal bone 
    broke. In another case, as a result of a disturbance of muscle balance, 
    the investigators observed a fixed ulnar deviation of the wrist joint 
    with a tendency toward radial penetration of the medullary canal of the 
    third metacarpal bone. The investigators also described three cases (20 
    percent) of a sinking of the prosthesis into the capitate through the 
    third metacarpal.
        (3) Risks to health.
         Loss or reduction of joint function--Improper design or 
    inadequate mechanical properties of the device, such as its lack of 
    strength and resistance to wear, may result in a loss or reduction of 
    joint function due to excessive wear, fracture, deformation of the 
    device, or loosening of the device in the surgical cavity.
         Adverse tissue reaction--Inadequate biological or 
    mechanical properties of the device, such as its lack of 
    biocompatibility and resistance to wear, may result in an adverse 
    tissue reaction due to dissolution or wearing away from the surfaces of 
    the device and release of materials from the device to the surrounding 
    tissues and systemic circulation.
         Infection--The presence of the prosthesis within the body 
    may lead to an increased risk of infection.
    
    [[Page 46734]]
    
    10. Physical Medicine Devices
    
    Rigid Pneumatic Structure Orthosis (Sec. 890.3610)
    
        (1) Identification. A rigid pneumatic structure orthosis is a 
    device intended for medical purposes to provide whole body support by 
    means of a pressurized suit to help thoracic paraplegics walk.
        (2) Summary of data. The Panel based its recommendation on the 
    literature concerning the device (Refs. 145 and 146). The literature 
    evaluation did not demonstrate that the device was safe or effective 
    (Ref. 146). The rigid pneumatic structure orthosis was also evaluated 
    as requested by the Veterans' Administration and the Rehabilitation 
    Services Administration, Department of Health, Education, and Welfare 
    (Ref. 146), and did not meet adequate performance standards for safety 
    and effectiveness.
        (3) Risks to health.
         Bodily injury--The device could collapse and the patient 
    could fall, resulting in bodily injury, if inflation is lost or the 
    zippers fail.
         Tissue trauma and/or pressure sores--Tissue trauma and/or 
    pressure sores could result if the support beams overinflate and cause 
    excessive pressure on the skin of the patient.
    
    II. PMA Requirements
    
        A PMA for these devices must include the information required by 
    section 515(c)(1) of the act. Such a PMA should also include a detailed 
    discussion of the risks identified above, as well as a discussion of 
    the effectiveness of the device for which premarket approval is sought. 
    In addition, a PMA must include all data and information on: (1) Any 
    risks known, or that should be reasonably known, to the applicant that 
    have not been identified in this document; (2) the effectiveness of the 
    device that is the subject of the application; and (3) full reports of 
    all preclinical and clinical information from investigations on the 
    safety and effectiveness of the device for which premarket approval is 
    sought.
        A PMA should include valid scientific evidence obtained from well-
    controlled clinical studies, with detailed data, in order to provide 
    reasonable assurance of the safety and effectiveness of the device for 
    its intended use.
        Applicants should submit any PMA in accordance with FDA's 
    ``Premarket Approval (PMA) Manual.'' This manual is available upon 
    request from FDA, Center for Devices and Radiological Health, Division 
    of Small Manufacturers Assistance (HFZ-220), 1350 Piccard Dr., 
    Rockville, MD 20850.
    
    III. Request for Comments with Data
    
        Interested persons may, on or before January 5, 1996, submit to the 
    Dockets Management Branch (address above) written comments regarding 
    this proposal. 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.
    
    IV. Opportunity to Request a Change in Classification
    
        Before requiring the filing of a PMA or a notice of completion of a 
    PDP for a device, FDA is required by section 515(b)(2)(A)(i) through 
    (b)(2)(A)(iv) of the act and Sec. 860.132 (21 CFR 860.132) to provide 
    an opportunity for interested persons to request a change in the 
    classification of the device based on new information relevant to its 
    classification. Any proceeding to reclassify the device will be under 
    the authority of section 513(e) of the act.
        A request for a change in the classification of these devices is to 
    be in the form of a reclassification petition containing the 
    information required by Sec. 860.123 (21 CFR 860.123), including new 
    information relevant to the classification of the device, and shall, 
    under section 515(b)(2)(B) of the act, be submitted by September 22, 
    1995.
        The agency advises that, to ensure timely filing of any such 
    petition, any request should be submitted to the Dockets Management 
    Branch (address above) and not to the address provided in 
    Sec. 860.123(b)(1). If a timely request for a change in the 
    classification of these devices is submitted, the agency will, by 
    November 6, 1995, after consultation with the appropriate FDA advisory 
    committee and by an order published in the Federal Register, either 
    deny the request or give notice of its intent to initiate a change in 
    the classification of the device in accordance with section 513(e) of 
    the act and Sec. 860.130 (21 CFR 860.130) of the regulations.
    
    V. Environmental Impact
    
        The agency has determined under 21 CFR 25.24(a)(8) that this action 
    is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    VI. Analysis of Impacts
    
        FDA has examined the impacts of the proposed rule under Executive 
    Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
    Executive Order 12866 directs agencies to assess all costs and benefits 
    of available regulatory alternatives and, when regulation is necessary, 
    to select regulatory approaches that maximize net benefits (including 
    potential economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the proposed 
    rule is not a significant regulatory action as defined by the Executive 
    Order and so is not subject to review under the Executive Order.
        The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact of a rule 
    on small entities. Because FDA believes that there is little or no 
    interest in marketing these devices, the agency certifies that the 
    proposed rule will not have a significant economic impact on a 
    substantial number of small entities. Therefore, under the Regulatory 
    Flexibility Act, no further analysis is required.
    
    VII. References
    
        The following information has been placed on display in the Dockets 
    Management Branch (address above) and may be seen by interested persons 
    between 9 a.m. and 4 p.m., Monday through Friday.
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        43. Manabe, Y., and A. Nakajima, ``Laminaria Metreurynter Method 
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        44. Manabe, Y. et al., ``Uterine Contractility and Placental 
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        47. Freeman, M. A. R., ``Current State of Joint Replacement,'' 
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        48. Newton, S. E., ``Total Ankle Arthroplasty,'' Journal of Bone 
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        49. Stevens, P. S., ``Distal Humeral Prosthesis for the Elbow,'' 
    in ``Joint Replacement in the Upper Limb: Institution of Mechanical 
    Engineers Conference Publications 1977-1985,'' Mechanical 
    Engineering Publications, Ltd., Great Britain, pp. 69-76, 1977.
        50. Street, D. M., T. Stevens, and P. S. Stevens, ``A Humeral 
    Replacement Prosthesis for the Elbow,'' The Journal of Bone and 
    Joint Surgery, 56A:1147-1158, 1974.
        51. Flatt, A. E., ``Restoration of Rheumatoid Finger-Joint 
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        52. Flatt, A. E., ``Restoration of Rheumatoid Finger-Joint 
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    1963.
        53. Flatt, A. E., ``Prosthetic Substitution for Rheumatoid 
    Finger Joints,'' Plastic and Reconstructive Surgery, 40:565-570, 
    1967.
        54. Flatt, A. E., and G. W. Fischer, ``Biomechanical Factors in 
    the Replacement of Rheumatoid Finger Joints,'' Annals of Rheumatic 
    Diseases, 28:36-41, 1969.
        55. Flatt, A. E., and M. R. Ellison, ``Restoration of Rheumatoid 
    Finger-Joint Function, III,'' Journal of Bone and Joint Surgery, 
    54:1317-1333, 1972.
        56. Flatt, A. E., ``Studies in Finger Joint Replacement: A 
    Review of the Present Position,'' Archives of Surgery, 107:437-443, 
    1973.
        57. Girzados, D. V., and M. L. Clayton, ``Limitations of the Use 
    of Metallic Prosthesis in the Rheumatoid Hand,'' Clinical 
    Orthopedics and Related Research, 67:127-132, 1969.
        58. Calenoff, L., and W. B. Stromberg, ``Silicone Rubber 
    Arthroplasties of the Hand,'' Radiology, 107:29-34, 1973.
        59. Millender, L. H., and E. A. Nalebuff, ``Metacarpophalangeal 
    Joint Arthroplasty Utilizing the Silicone Rubber Prosthesis,'' 
    Orthopedic Clinics of North America, 4(2):349-371, 1973.
        60. McFarland, G. B., Jr., ``Early Experience with the Silicone 
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    Mechanical Finger Prosthesis,'' in ``Joint Replacement in the Upper 
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        62. Goldner, J. L., and J. R. Urbaniak, ``The Clinical 
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        63. Smith, R. J., and A. S. Broudy, ``Advances in Surgery of the 
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        64. Devas, M., and V. Shah, ``Link Arthroplasty of the 
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        65. Devas, M., and V. Shah, ``Arthroplasty of the Upper Limb. 
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        66. Hirsch, D. et al., ``A Biomechanical Analysis of the 
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        67. Page, D., J. H. Dumbleton, and E. H. Miller, ``A Study of 
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        68. Walker, P. S. et al., ``Development and Evaluation of a 
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        74. Burton, D. S., and D. J. Schurman, ``Hematogenous Infection 
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        75. Beckenbaugh, R. D. et al., ``Review and Analysis of 
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        90. Braun, R. M., and J. Chandler, ``Quantitative Results 
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        128. Turner, R. H., and O. E. Aufranc, ``Femoral Stem 
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        129. Friedebold, G., and H. Radloff, ``Alloarthroplasties of the 
    Knee Joint. Indications and Results,'' Reconstructive Surgery and 
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        130. Yeoman, P. M., ``Arthroplasty of the Knee: A Comparative 
    Study of Platt's Mold and McKee Arthroplasties,'' Journal of Bone 
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    Tibial and/or Femoral Metallic Implants in Rheumatoid Arthritis,'' 
    Arthritis and Rheumatism, 15:1-15, 1972.
        132. Groeneveld, H. B., ``Combined Femorotibial-Patellar 
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        134. Sbarbaro, J. L., Jr., ``Femoral Condylar Mold Arthroplasty 
    in 150 Rheumatoid Knees,'' Acta Orthopaedica Belgica, 39:138-147, 
    1973.
        135. Wilde, A. H. et al., ``Current Use of Geometric Knee 
    Replacement Arthroplasty,'' Orthopedic Review, 3(3):25-31, 1974.
        136. Romero, R. L., and E. M. Burgess, ``Total Shoulder 
    Replacement,'' Journal of Bone and Joint Surgery, 57A:1033, 1975.
        137. Fenlin, J. M., Jr., ``Total Shoulder Prosthesis,'' Journal 
    of Bone and Joint Surgery, 58A:735, 1976.
        138. Fenlin, J. M., Jr., ``Total Glenohumeral Joint 
    Replacement,'' Orthopedic Clinics of North America, 6:565-583, 1975.
        139. Linscheid, R. L., and R. H. Cofield, ``Total Shoulder 
    Arthroplasty: Experimental but Promising,'' Geriatrics, 64-69, April 
    1976.
        140. Cofield, R. H., ``Status of Total Shoulder Arthroplasty,'' 
    Archives of Surgery, 12:1088-1091, 1971.
        141. Buechel, F. F., M. J. Pappas, and A. F. DePalma, 
    ``'Floating Socket' Total Shoulder Replacement: Anatomical, 
    Biomechanical and Surgical Rationale,'' Journal of Biomedical 
    Materials Research, 12:89-144, 1978.
        142. Cofield, R. H., and R. N. Stauffer, ``The Bickel 
    Glenohumeral Arthroplasty,'' in ``Joint Replacement in the Upper 
    Limb: Institution of Mechanical Engineers, 1977-1985,'' Mechanical 
    Engineering Publications Ltd., Great Britain, pp. 15-20, 1977.
        143. Cofield, R. H., ``Total Shoulder Arthroplasty: The Current 
    State of Development,'' in ``DHEW/RSA Workshop on Internal Joint 
    Replacement,'' edited by C. L. Compere and J. L. Lewis, Chicago, pp. 
    33-37, 1977.
        144. Gschwend, N., H. Scheier, and A. Bahler, ``GSB Elbow, 
    Wrist, MP and PIP Joints,'' in ``Proceedings of Joint Replacement in 
    the Upper Limb Conference,'' sponsored by the Institute of 
    Mechanical Engineering, April 18-20, pp. 107-116, 1977.
        145. Peizer, E., ``Special Programs: VA Prosthetics Center 
    Research, Development, and Evaluation Program,'' Bulletin of 
    Prosthetics Research, 10-22:469-477, Fall 1974.
        146. ``Evaluation of the Ortho-Walk Type B Pneumatic Orthosis on 
    Thirty-Seven Paraplegic Patients,'' Report by the Committee on 
    Prosthetics Research and Development/Committee on Prosthetic-
    Orthotic Education, National Academy of Sciences, Washington, DC, 
    1976. Supported by the Veterans' Administration and the Social 
    Rehabilitation Service, Department of Health, Education, and 
    Welfare.
    
    List of Subjects
    
    21 CFR Part 864
    
        Blood, Medical devices, Packaging and containers.
    
    21 CFR Parts 868, 870, 872, 876, 880, 882, 884, 888, and 890
    
        Medical devices.
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, it is 
    proposed that 21 CFR parts 864, 868, 870, 872, 876, 880, 882, 884, 888, 
    and 890 be amended as follows:
    
    PART 864--HEMATOLOGY AND PATHOLOGY DEVICES
    
        1. The authority citation for 21 CFR part 864 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        2. Section 864.5220 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 864.5220  Automated differential cell counter.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    notice of completion of a PDP is required to be filed with the Food and 
    Drug Administration on or before (date 90 days after date of 
    publication of the final rule based on this proposed rule). For any 
    automated differential cell counter described in paragraph (b)(2) of 
    this section that was in commercial distribution before May 28, 1976, 
    or that has, on or before (date 90 days after date of publication of 
    the final rule based on this proposed rule), been found to be 
    substantially equivalent to an automated differential cell counter 
    described in paragraph (b)(2) of this section that was in commercial 
    distribution before May 28, 1976. Any other automated differential cell 
    counter described in paragraph (b)(2) of this section shall have an 
    approved PMA or declared 
    
    [[Page 46738]]
    completed PDP in effect before being placed in commercial distribution.
    
    PART 868--ANESTHESIOLOGY DEVICES
    
        3. The authority citation for 21 CFR part 868 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        4. Section 868.5400 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 868.5400  Electroanesthesia apparatus.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    notice of completion of a PDP is required to be filed with the Food and 
    Drug Administration on or before (date 90 days after date of 
    publication of the final rule based on this proposed rule) for any 
    electroanesthesia apparatus that was in commercial distribution before 
    May 28, 1976, or that has, on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to a electroanesthesia apparatus that was in commercial 
    distribution before May 28, 1976. Any other electroanesthesia apparatus 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
    
    PART--870 CARDIOVASCULAR DEVICES
    
        5. The authority citation for 21 CFR part 870 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        6. Section 870.1350 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 870.1350  Catheter balloon repair kit.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    notice of completion of a PDP is required to be filed with the Food and 
    Drug Administration on or before (date 90 days after date of 
    publication of the final rule). For any catheter balloon repair kit 
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to a catheter balloon 
    repair kit that was in commercial distribution before May 28, 1976. Any 
    other catheter balloon repair kit shall have an approved PMA or a 
    declared completed PDP in effect before being placed in commercial 
    distribution.
        7. Section 870.1360 is amended by revising paragraph (c) to read as 
    follows:
    
    Sec. 870.1360  Trace microsphere.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    notice of completion of a PDP is required to be filed with the Food and 
    Drug Administration on or before (date 90 days after date of 
    publication of the final rule). For any trace microsphere that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a trace microsphere that was in 
    commercial distribution before May 28, 1976. Any other trace 
    microsphere shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        8. Section 870.3850 is amended by revising paragraph (c) to read as 
    follows:
    
    Sec. 870.3850  Carotid sinus nerve stimulator.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any carotid sinus nerve stimulator 
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to a carotid sinus 
    nerve stimulator that was in commercial distribution before May 28, 
    1976. Any other carotid sinus nerve stimulator shall have an approved 
    PMA or a declared completed PDP in effect before being placed in 
    commercial distribution.
        9. Section 870.5300 is amended by revising paragraph (c) to read as 
    follows:
    
    Sec. 870.5300  DC-defibrillator (including paddles).
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule). For any DC-defibrillator (including 
    paddles) described in paragraph (b)(1) of this section that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a DC-defibrillator (including 
    paddles) described in paragraph (b)(1) of this section that was in 
    commercial distribution before May 28, 1976. Any other DC-defibrillator 
    (including paddles) described in paragraph (b)(1) of this section shall 
    have an approved PMA or declared completed PDP in effect before being 
    placed in commercial distribution.
    
    PART 872--DENTAL DEVICES
    
        10. The authority citation for 21 CFR part 872 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        11. Section 872.3400 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3400  Karaya and sodium borate with or without acacia denture 
    adhesive.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any karaya and sodium borate with or 
    without acacia denture adhesive that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a karaya and sodium borate with or without acacia denture 
    adhesive that was in commercial distribution before May 28, 1976. Any 
    other karaya and sodium borate with or without acacia denture adhesive 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        12. Section 872.3420 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3420  Carboxymethylcellulose sodium and cationic 
    polyacrylamide polymer denture adhesive.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any carboxymethylcellulose sodium 
    and cationic polyacrylamide polymer denture adhesive that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a carboxymethylcellulose sodium and 
    cationic polyacrylamide polymer denture adhesive that was in 
    
    [[Page 46739]]
    commercial distribution before May 28, 1976. Any other 
    carboxymethylcellulose sodium and cationic polyacrylamide polymer 
    denture adhesive shall have an approved PMA or a declared completed PDP 
    in effect before being placed in commercial distribution.
        13. Section 872.3480 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3480  Polyacrylamide polymer (modified cationic) denture 
    adhesive.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any polyacrylamide polymer (modified 
    cationic) denture adhesive that was in commercial distribution before 
    May 28, 1976, or that has, on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to a polyacrylamide polymer (modified cationic) denture 
    adhesive that was in commercial distribution before May 28, 1976. Any 
    other polyacrylamide polymer (modified cationic) denture adhesive shall 
    have an approved PMA or a declared completed PDP in effect before being 
    placed in commercial distribution.
        14. Section 872.3500 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3500  Polyvinylmethylether maleic anhydride (PVM-MA), acid 
    copolymer, and carboxymethylcellulose sodium (NACMC) denture adhesive.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any polyvinylmethylether maleic 
    anhydride (PVM-MA), acid copolymer, and carboxymethylcellulose sodium 
    (NACMC) denture adhesive that was in commercial distribution before May 
    28, 1976, or that has, on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to a polyvinylmethylether maleic anhydride (PVM-MA), acid 
    copolymer, and carboxymethylcellulose sodium (NACMC) denture adhesive 
    that was in commercial distribution before May 28, 1976. Any other 
    polyvinylmethylether maleic anhydride (PVM-MA), acid copolymer, and 
    carboxymethylcellulose sodium (NACMC) denture adhesive shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
        15. Section 872.3560 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3560  OTC denture reliner.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any OTC denture reliner that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to an OTC denture reliner that was in 
    commercial distribution before May 28, 1976. Any other OTC denture 
    reliner shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        16. Section 872.3820 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 872.3820  Root canal filling resin.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any root canal filling resin 
    described in paragraph (b)(2) of this section that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a root canal filling resin described in 
    paragraph (b)(2) of this section that was in commercial distribution 
    before May 28, 1976. Any other root canal filling resin shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
    
    PART 876--GASTROENTEROLOGY-UROLOGY DEVICES
    
        17. The authority citation for 21 CFR part 876 is revised to read 
    as follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 522, 701 of the 
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 
    360e, 360j, 360l, 371).
    
        18. Section 876.5220 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 876.5220  Colonic irrigation system.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any colonic irrigation system 
    described in paragraph (b)(2) of this section that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a colonic irrigation system described in 
    paragraph (b)(2) of this section that was in commercial distribution 
    before May 28, 1976. Any other colonic irrigation system shall have an 
    approved PMA in effect before being placed in commercial distribution.
        19. Section 876.5270 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 876.5270  Implanted electrical urinary continence device.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any implanted electrical urinary 
    continence device that was in commercial distribution before May 28, 
    1976, or that has, on or before (date 90 days after date of publication 
    of the final rule), been found to be substantially equivalent to an 
    implanted electrical urinary continence device that was in commercial 
    distribution before May 28, 1976. Any other implanted electrical 
    urinary continence device shall have an approved PMA or a declared 
    completed PDP in effect before being place in commercial distribution.
    
    PART 880--GENERAL HOSPITAL AND PERSONAL USE DEVICES
    
        20. The authority citation for 21 CFR part 880 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        21. Section 880.5760 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 880.5760  Chemical cold pack snakebite kit.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any chemical cold pack snakebite kit 
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date 
    
    [[Page 46740]]
    of publication of the final rule), been found to be substantially 
    equivalent to a chemical cold pack snakebite kit that was in commercial 
    distribution before May 28, 1976. Any other chemical cold pack 
    snakebite kit shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
    
    PART 882--NEUROLOGICAL DEVICES
    
        22. The authority citation for 21 CFR part 882 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        23. Section 882.1825 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 882.1825  Rheoencephalograph.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any rheoencephalograph that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a rheoencephalograph that was in 
    commercial distribution before May 28, 1976. Any other 
    rheoencephalograph shall have an approved PMA or a declared completed 
    PDP in effect before being placed in commercial distribution.
        24. Section 882.5150 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 882.5150  Intravascular occluding catheter.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any intravascular occluding catheter 
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to a intravascular 
    occluding catheter that was in commercial distribution before May 28, 
    1976. Any other intravascular occluding catheter shall have an approved 
    PMA or a declared completed PDP in effect before being place in 
    commercial distribution.
        25. Section 882.5850 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 882.5850  Implanted spinal cord stimulator for bladder evacuation.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any implanted spinal cord stimulator 
    for bladder evacuation that was in commercial distribution before May 
    28, 1976, or that has, on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to an implanted spinal cord stimulator for bladder 
    evacuation that was in commercial distribution before May 28, 1976. Any 
    other implanted spinal cord stimulator for bladder evacuation shall 
    have an approved PMA or a declared completed PDP in effect before being 
    placed in commercial distribution.
    
    PART 884--OBSTETRICAL AND GYNECOLOGICAL DEVICES
    
        26. The authority citation for 21 CFR part 884 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        27. Section 884.2050 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 884.2050  Obstetric data analyzer.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any obstetric data analyzer that was 
    in commercial distribution before May 28, 1976, or that has, on or 
    before (date 90 days after date of publication of the final rule), been 
    found to be substantially equivalent to an obstetrical data analyzer 
    that was in commercial distribution before May 28, 1976. Any other 
    obstetric data analyzer shall have an approved PMA or a declared 
    completed PDP in effect before being place in commercial distribution.
        28. Section 884.2620 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 884.2620  Fetal electroencephalographic monitor.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any fetal electroencephalographic 
    monitor that was in commercial distribution before May 28, 1976, or 
    that has, on or before (date 90 days after date of publication of the 
    final rule), been found to be substantially equivalent to a fetal 
    electroencephalographic monitor in commercial distribution before May 
    28, 1976. Any other fetal electroencephalographic monitor shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
        29. Section 884.2685 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 884.2685  Fetal scalp clip electrode and applicator.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any fetal scalp clip electrode and 
    applicator that was in commercial distribution before May 28, 1976, or 
    that has, on or before (date 90 days after date of publication of the 
    final rule), been found to be substantially equivalent to a fetal scalp 
    clip electrode and applicator that was in commercial distribution 
    before May 28, 1976. Any other fetal scalp clip electrode and 
    applicator shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        30. Section 884.4250 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 884.4250  Expandable cervical dilator.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any expandable cervical dilator that 
    was in commercial distribution before May 28, 1976, or that has, on or 
    before (date 90 days after date of publication of the final rule), been 
    found to be substantially equivalent to an expandable cervical dilator 
    that was in commercial distribution before May 28, 1976. Any other 
    expandable cervical dilator shall have an approved PMA or a declared 
    completed PDP in effect before being placed in commercial distribution.
        31. Section 884.4270 is amended by revising paragraph (c) to read 
    as follows:
    
    
    [[Page 46741]]
    
    
    
    Sec. 884.4270  Vibratory cervical dilators.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any vibratory cervical dilator that 
    was in commercial distribution before May 28, 1976, or that has, on or 
    before (date 90 days after date of publication of the final rule), been 
    found to be substantially equivalent to a vibratory cervical dilator 
    that was in commercial distribution before May 28, 1976. Any other 
    vibratory cervical dilator shall have an approved PMA or a declared 
    completed PDP in effect before being placed in commercial distribution.
        32. Section 884.5050 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 884.5050  Metreurynter-balloon abortion system.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any metreurynter-balloon abortion 
    system that was in commercial distribution before May 28, 1976, or that 
    has, on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to a metreurynter-
    balloon abortion system that was in commercial distribution before May 
    28, 1976. Any other metreurynter-balloon abortion system shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
        33. Section 884.5225 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 884.5225  Abdominal decompression chamber.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any abdominal decompression chamber 
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to an abdominal 
    decompression chamber that was in commercial distribution before May 
    28, 1976. Any other abdominal decompression chamber shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
    
    PART 888--ORTHOPEDIC DEVICES
    
        34. The authority citation for 21 CFR part 888 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        35. Section 888.3120 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 888.3120  Ankle joint metal/polymer non-constrained cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any ankle joint metal/polymer non-
    constrained cemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a ankle joint metal/polymer non-constrained cemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other ankle joint metal/polymer non-constrained cemented prosthesis 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        36. Section 888.3180 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3180  Elbow joint humeral (hemi-elbow) metallic uncemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any elbow joint humeral (hemi-elbow) 
    metallic uncemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a elbow joint humeral (hemi-elbow) metallic uncemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other elbow joint humeral (hemi-elbow) metallic uncemented prosthesis 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        37. Section 888.3200 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3200  Finger joint metal/metal constrained uncemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule), for any finger joint metal/metal 
    constrained uncemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a finger joint metal/metal constrained uncemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other finger joint metal/metal constrained uncemented prosthesis shall 
    have an approved PMA or a declared completed PDP in effect before being 
    placed in commercial distribution.
        38. Section 888.3210 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3210  Finger joint metal/metal constrained cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any finger joint metal/metal 
    constrained cemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a finger joint metal/metal constrained cemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other finger joint metal/metal constrained cemented prosthesis shall 
    have an approved PMA or a declared completed PDP in effect before being 
    placed in commercial distribution.
        39. Section 888.3220 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3220  Finger joint metal/polymer constrained cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 
    
    [[Page 46742]]
    days after date of publication of the final rule) for any finger joint 
    metal/polymer constrained cemented prosthesis that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a finger joint metal/polymer constrained 
    cemented prosthesis that was in commercial distribution before May 28, 
    1976. Any other finger joint metal/polymer constrained cemented 
    prosthesis shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        40. Section 888.3300 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3300  Hip joint metal constrained cemented or uncemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any hip joint metal constrained 
    cemented or uncemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a hip joint metal constrained cemented or uncemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other hip joint metal constrained cemented or uncemented prosthesis 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        41. Section 888.3310 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3310  Hip joint metal/polymer constrained cemented or 
    uncemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any hip joint metal/polymer 
    constrained cemented or uncemented prosthesis that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a hip joint metal/polymer constrained 
    cemented or uncemented prosthesis that was in commercial distribution 
    before May 28, 1976. Any other hip joint metal/polymer constrained 
    cemented or uncemented prosthesis shall have an approved PMA or a 
    declared completed PDP in effect before being placed in commercial 
    distribution.
        42. Section 888.3370 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3370  Hip joint (hemi-hip) acetabular metal cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any hip joint (hemi-hip) acetabular 
    metal cemented prosthesis that was in commercial distribution before 
    May 28, 1976, or that has, on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to a hip joint (hemi-hip) acetabular metal cemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other hip joint metal (hemi-hip) acetabular metal cemented prosthesis 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        43. Section 888.3380 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3380  Hip joint femoral (hemi-hip) trunnion-bearing metal/
    polyacetal cemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any hip joint femoral (hemi-hip) 
    trunnion-bearing metal/polyacetal cemented prosthesis that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a hip joint femoral (hemi-hip) 
    trunnion-bearing metal/polyacetal cemented prosthesis that was in 
    commercial distribution before May 28, 1976. Any other hip joint 
    femoral (hemi-hip) trunnion-bearing metal/polyacetal cemented 
    prosthesis shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        44. Section 888.3480 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3480  Knee joint femorotibial metallic constrained cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any knee joint femorotibial metallic 
    constrained cemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication in the Federal Register of the final rule based on this 
    proposed rule), been found to be substantially equivalent to a knee 
    joint femorotibial metallic constrained cemented prosthesis that was in 
    commercial distribution before May 28, 1976. Any other knee joint 
    femorotibial metallic constrained cemented prosthesis shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
        45. Section 888.3540 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3540  Knee joint patellofemoral polymer/metal semi-constrained 
    cemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any knee joint patellofemoral 
    polymer/metal semi-constrained cemented prosthesis that was in 
    commercial distribution before May 28, 1976, or that has, on or before 
    (date 90 days after date of publication of the final rule), been found 
    to be substantially equivalent to a knee joint patellofemoral polymer/
    metal semi-constrained cemented prosthesis that was in commercial 
    distribution before May 28, 1976. Any other knee joint patellofemoral 
    polymer/metal semi-constrained cemented prosthesis shall have an 
    approved PMA or a declared completed PDP in effect before being placed 
    in commercial distribution.
        46. Section 888.3550 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3550  Knee joint patellofemorotibial polymer/metal/metal 
    constrained cemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any knee joint patellofemorotibial 
    polymer/metal/metal constrained cemented prosthesis 
    
    [[Page 46743]]
    that was in commercial distribution before May 28, 1976, or that has, 
    on or before (date 90 days after date of publication of the final 
    rule), been found to be substantially equivalent to a knee joint 
    patellofemorotibial polymer/metal/metal constrained cemented prosthesis 
    that was in commercial distribution before May 28, 1976. Any other knee 
    joint patellofemorotibial polymer/metal/metal constrained cemented 
    prosthesis shall have an approved PMA or a declared completed PDP in 
    effect before being placed in commercial distribution.
        47. Section 888.3570 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3570  Knee joint femoral (hemi-knee) metallic uncemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any knee joint femoral (hemi-knee) 
    metallic uncemented prosthesis that was in commercial distribution 
    before May 28, 1976, or that has, on or before (date 90 days after date 
    of publication of the final rule), been found to be substantially 
    equivalent to a knee joint femoral (hemi-knee) metallic uncemented 
    prosthesis that was in commercial distribution before May 28, 1976. Any 
    other knee joint femoral (hemi-knee) metallic uncemented prosthesis 
    shall have an approved PMA or a declared completed PDP in effect before 
    being placed in commercial distribution.
        48. Section 888.3580 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3580  Knee joint patellar (hemi-knee) metallic resurfacing 
    uncemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any knee joint patellar (hemi-knee) 
    metallic resurfacing uncemented prosthesis described in paragraph 
    (b)(2) of this section that was in commercial distribution before May 
    28, 1976, or that has on or before (date 90 days after date of 
    publication of the final rule), been found to be substantially 
    equivalent to a knee joint patellar (hemi-knee) metallic resurfacing 
    uncemented prosthesis that was in commercial distribution before May 
    28, 1976. Any other knee joint patellar (hemi-knee) metallic 
    resurfacing uncemented prosthesis shall have an approved PMA or a 
    declared completed PDP in effect before being placed in commercial 
    distribution.
        49. Section 888.3640 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3640  Shoulder joint metal/metal or metal/polymer constrained 
    cemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any shoulder joint metal/metal or 
    metal/polymer constrained cemented prosthesis that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a shoulder joint metal/metal or metal/
    polymer constrained cemented prosthesis that was in commercial 
    distribution before May 28, 1976. Any other shoulder joint metal/metal 
    or metal/polymer constrained cemented prosthesis shall have an approved 
    PMA or a declared completed PDP in effect before being placed in 
    commercial distribution.
        50. Section 888.3680 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3680  Shoulder joint glenoid (hemi-shoulder) metallic cemented 
    prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any shoulder joint glenoid (hemi-
    shoulder) metallic cemented prosthesis that was in commercial 
    distribution before May 28, 1976, or that has, on or before (date 90 
    days after date of publication of the final rule), been found to be 
    substantially equivalent to a shoulder joint glenoid (hemi-shoulder) 
    metallic cemented prosthesis that was in commercial distribution before 
    May 28, 1976. Any other shoulder joint glenoid (hemi-shoulder) metallic 
    cemented prosthesis shall have an approved PMA or a declared completed 
    PDP in effect before being placed in commercial distribution.
        51. Section 888.3790 is amended by revising paragraph (c) to read 
    as follows:
    
    Sec. 888.3790  Wrist joint metal constrained cemented prosthesis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any wrist joint metal constrained 
    cemented prosthesis that was in commercial distribution before May 28, 
    1976, or that has, on or before (date 90 days after date of publication 
    of the final rule), been found to be substantially equivalent to a 
    wrist joint metal constrained cemented prosthesis that was in 
    commercial distribution before May 28, 1976. Any other wrist joint 
    metal constrained cemented prosthesis shall have an approved PMA or a 
    declared completed PDP in effect before being placed in commercial 
    distribution.
    
    PART 890--PHYSICAL MEDICINE DEVICES
    
        52. The authority citation for 21 CFR part 890 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        53. Section 890.3610 is amended by revising paragraph (c) to read 
    as follows:
    
    
    Sec. 890.3610  Rigid pneumatic structure orthosis.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    a notice of completion of a PDP is required to be filed with the Food 
    and Drug Administration on or before (date 90 days after date of 
    publication of the final rule) for any rigid pneumatic structure 
    orthosis that was in commercial distribution before May 28, 1976, or 
    that has, on or before (date 90 days after date of publication of the 
    final rule), been found to be substantially equivalent to a rigid 
    pneumatic structure orthosis that was in commercial distribution before 
    May 28, 1976. Any other rigid pneumatic structure orthosis shall have 
    an approved PMA or a declared completed PDP in effect before being 
    placed in commercial distribution.
    
        Dated: August 9, 1995.
    Joseph A. Levitt,
    Deputy Director for Regulations Policy, Center for Devices and 
    Radiological Health.
    [FR Doc. 95-22027 Filed 9-6-95; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Published:
09/07/1995
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; opportunity to request a change in classification.
Document Number:
95-22027
Dates:
Written comments by January 5, 1996; request for a change in classification by September 22, 1995. FDA intends that, if a final rule based on this proposed rule is issued, PMA's will be required to be submitted within 90 days of the effective date of the final rule.
Pages:
46718-46743 (26 pages)
Docket Numbers:
Docket No. 95N-0084
RINs:
0910-AA31: Effective Date of Requirement for Submission of Premarket Approval Applications
RIN Links:
https://www.federalregister.gov/regulations/0910-AA31/effective-date-of-requirement-for-submission-of-premarket-approval-applications
PDF File:
95-22027.pdf
CFR: (44)
21 CFR 860.123(b)(1)
21 CFR 864.5220
21 CFR 868.5400
21 CFR 870.1350
21 CFR 870.1360
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