82_FR_51869 82 FR 51655 - Yttrium-90 Microsphere Brachytherapy Sources and Devices TheraSphere® and SIR-Spheres®

82 FR 51655 - Yttrium-90 Microsphere Brachytherapy Sources and Devices TheraSphere® and SIR-Spheres®

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range51655-51657
FR Document2017-24129

The U.S. Nuclear Regulatory Commission (NRC) is revising its licensing guidance for licenses authorizing the use of Yttrium-90 (Y- 90) Microsphere Brachytherapy Sources and Devices TheraSphere[supreg] and SIR-Spheres[supreg]. The NRC is requesting public comment on the draft revision of the licensing guidance (Rev. 10). The document has been revised to significantly update the criteria for training and experience, medical event reporting, inventory requirement specifications, and waste disposal issues. The revised guidance document also provides new information regarding cremation and autopsy. This guidance is intended for use by NRC applicants, NRC licensees, and the NRC staff.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)
[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51655-51657]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24129]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0215]


Yttrium-90 Microsphere Brachytherapy Sources and Devices 
TheraSphere[supreg] and SIR-Spheres[supreg]

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guidance; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is revising its 
licensing guidance for licenses authorizing the use of Yttrium-90 (Y-
90) Microsphere Brachytherapy Sources and Devices TheraSphere[supreg] 
and SIR-Spheres[supreg]. The NRC is requesting public comment on the 
draft revision of the licensing guidance (Rev. 10). The document has 
been revised to significantly update the criteria for training and 
experience, medical event reporting, inventory requirement 
specifications, and waste disposal issues. The revised guidance 
document

[[Page 51656]]

also provides new information regarding cremation and autopsy. This 
guidance is intended for use by NRC applicants, NRC licensees, and the 
NRC staff.

DATES: Submit comments by January 8, 2018. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
only able to ensure consideration of comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0215. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: OWFN-2-A13, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lisa Dimmick, Office of Nuclear 
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0694; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0215 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0215.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
draft Y-90 Microsphere Brachytherapy Sources and Devices Licensing 
Guidance, Revision 10, is available in ADAMS under Accession No. 
ML17107A375.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
    The draft Y-90 Microsphere Brachytherapy Sources and Devices 
Licensing Guidance, Revision 10, is also available on the NRC's public 
Web site on the ``Medical Uses Licensee Toolkit'' page at https://www.nrc.gov/materials/miau/med-use-toolkit.html.

B. Submitting Comments

    Please include Docket ID NRC-2017-0215 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want publicly disclosed in your comment 
submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    The NRC is requesting public comment on the draft licensing 
guidance entitled ``Yttrium-90 Microsphere Brachytherapy Sources and 
Devices TheraSphere[supreg] and SIR-Spheres[supreg] Licensing 
Guidance.'' This draft would be revision 10 to this licensing guidance. 
The licensing guidance provides medical use applicants with an 
acceptable means of satisfying the requirements for a license for the 
use of TheraSphere[supreg] and SIR-Spheres[supreg] and is not intended 
to be the only means of satisfying the requirements for a license. The 
licensing guidance provides the NRC with a set of standard criteria for 
evaluating a license application, although an applicant may submit 
alternative information and commitments for review by the NRC staff to 
make a licensing determination unless the information is specifically 
required by regulation. This guidance will also be available for 
voluntary use by Agreement States.
    The licensing guidance for Y-90 microsphere brachytherapy was 
initially published in October 2002 and subsequently revised in 2004, 
2007, 2008, 2011, 2012, and 2016. Following years of using the current 
licensing guidance, the NRC staff, stakeholders, and the Advisory 
Committee on the Medical Uses of Isotopes (ACMUI) have identified 
numerous issues that need to be addressed. A working group comprised of 
Agreement State representatives and NRC staff was formed to address 
identified issues. The document has been revised to significantly 
update the criteria for training and experience, medical event 
reporting, inventory requirement specifications, and waste disposal 
issues. The revised guidance document also provides new information 
regarding cremation and autopsy.
    As described in the draft licensing guidance, the NRC is 
recommending removal of the alternate, manufacturer provided clinical 
training pathway to complete the training and experience criteria 
listed in Section B of the training and experience section of the 
licensing guidance. During an ACMUI meeting on October 7, 2016 
(ML16357A688), the ACMUI recommended that the NRC leave this alternate 
pathway in the Y-90 microsphere licensing guidance to allow access to 
Y-90 microsphere brachytherapy in areas where there may not already be 
approved AUs to supervise new physicians. However, after licensing Y-90 
microspheres under 10 CFR 35.1000 for over 10 years, there should be 
substantial facilities and AUs available to offer training for Y-90 
microspheres, similar to other therapeutic modalities, and therefore 
this pathway should be removed to bring Y-90 microsphere brachytherapy 
training and experience (T&E) in line with other T&E requirements in 10 
CFR part 35.
    The manufacturers stated, during the same ACMUI meeting, that 
training under the supervision of a manufacturer representative should 
remain as a T&E pathway because their representatives are highly 
knowledgeable about their devices. The NRC agrees with the 
manufacturers that the individual who provides the training in the 
operation of the device should be knowledgeable about the device, and 
this could include a manufacturer representative as well as the 
licensees' personnel. The proposed licensing guidance still requires 
the physician to receive training on the operation of the device. 
However, the

[[Page 51657]]

clinical experience a physician received during the 3 patient cases 
should include more than operation of the device. At a minimum, the 
clinical experience should also include evaluation of dose and activity 
of Y-90 microspheres to be administered to each treatment site, 
calculating and measuring the activity and safely preparing the Y-90 
microspheres to be delivered, using administrative controls to prevent 
a medical event, and following up and reviewing each patient's case 
history. During the ACMUI meeting, the ACMUI recommended that this type 
of training be provided by someone with defined medical experience, but 
left it up to the NRC to decide what medical experience would be 
necessary. As this T&E is specific to patient care and patient follow-
up, the proposed licensing guidance recommends this type of training be 
provided by an AU for each type of Y-90 microsphere for which the 
individual is seeking AU status, similar to how other modalities are 
regulated in 10 CFR part 35. Additionally, changing the criteria would 
not preclude the manufacturer representatives from providing training, 
as is normally done for other therapies.

III. Request for Comments

    The NRC is requesting comments on the proposed licensing guidance, 
entitled, ``Yttrium-90 Microsphere Brachytherapy Sources and Devices 
TheraSphere[supreg] and SIR-Spheres[supreg] Licensing Guidance, 
Revision 10.'' While the NRC is requesting comments on the entirety of 
the proposed guidance, the NRC is specifically seeking comments on 
several sections.
    (1) Recommended Minimum Clinical Experience: Due to the complexity 
of delivery of Y-90 microspheres, the licensing guidance historically 
and currently recommends that a prospective AU demonstrate he or she 
has clinical experience with the device. The current recommendation is 
that 3 patient cases for each type of microsphere should be completed 
for each prospective authorized user prior to approval. This 
recommendation is similar to requirements in other therapy modalities, 
such as section 35.390 of title 10 of the Code of Federal Regulations 
(10 CFR). The NRC is seeking specific comments on whether 3 patient 
cases provide adequate clinical experience for a physician to gain AU 
status for Y-90 microspheres.
    (2) Adding Authorization for Other Microsphere Type: The NRC is 
seeking comments to determine additional training needed when an AU who 
is already authorized to use one type of microsphere requests 
authorization for use of another type of microsphere. For instance, are 
3 additional cases for the other type of microsphere necessary for the 
AU to gain the knowledge to safely administer the new microsphere, or 
should the number of cases be left to the discretion of the supervising 
AU?
    (3) Written Attestation from Preceptor: Historically, the NRC has 
not required a written attestation, signed by a preceptor AU, because 
there was not a sufficient number of AUs to supervise the training and 
sign the written attestation. However, given that the NRC and Agreement 
States have licensed Y-90 microsphere brachytherapy AUs for over 10 
years, the NRC is seeking comments to determine if there is anything 
unique about Y-90 microsphere brachytherapy compared to other types of 
manual brachytherapy that would obviate the need for a written 
attestation.
    (4) Clinical Experience under the Supervision of a Manufacturer 
Representative: The proposed licensing guidance removes the alternate 
pathway, which allows an individual to become an AU for Y-90 
microsphere brachytherapy prior to completing any patient cases if the 
applicant commits that the first three patient cases completed by that 
AU will be hands-on and supervised in the physical presence of a 
manufacturer representative. This alternate pathway remained in the 
licensing guidance for several years because there were a limited 
number of AUs who were authorized for each type of Y-90 microsphere, 
which made it difficult for physicians who were seeking authorization 
to complete the necessary clinical experience described in Section B 
under the supervision of another AU already authorized for the use of 
Y-90 microspheres. The NRC is seeking comments on whether completing 
the recommended clinical experience under the supervision of AU(s) 
authorized for the type of microsphere for which the new physician is 
seeking authorization still presents an undue burden on physicians. 
Further, the NRC is seeking comments on whether any unique 
characteristics of Y-90 microsphere brachytherapy warrant continuation 
of this alternate training pathway. Additionally, the NRC is seeking 
comments on whether finding licensed facilities at which the physicians 
could complete this clinical experience would be difficult.
    (5) Timeliness for Completion of In-Vivo Cases: The NRC is seeking 
comments on whether the proposed one in-vivo case prior to treating 
patients would be appropriate if 6 months has passed to ensure 
recentness of training or whether this proposal could potentially lower 
licensee's safety standards for the patients being treated.
    (6) Medical Event Definition: The NRC is seeking comments on the 
definition of medical events (ME) for Y-90 microspheres as provided in 
the proposed guidance. A primary purpose of ME reporting is to identify 
the cause of the event in order to correct them and prevent their 
recurrence. In the last 2 years there have been several MEs reported 
where the administration of the Y-90 results in dose or activity to the 
lobe opposite the lobe documented in the written directive. The working 
group was informed that in some instances, the AU may determine in the 
interventional radiology suite that they may be unable to deliver the 
amount of Y-90 microspheres to the intended lobe, but still wish to 
perform the treatment knowing some dose or activity may go to the lobe 
opposite the lobe documented in the written directive. The NRC is 
seeking specific comments on whether the delivery of Y-90 microspheres 
can be controlled to a specific lobe or location as described in the 
written directive and, if not, whether flexibility in the written 
directive is necessary to avoid reporting of events that cannot be 
controlled using the current technology. If flexibility is necessary, 
the NRC is seeking comments on whether the use of dose or activity 
ranges in the written directive or an ability to change the written 
directive in the interventional radiology suite prior to administering 
the Y-90 microspheres would be adequate. This type of revision could be 
made verbally by the AU, as long as the revision is documented in 
writing and signed by the AU within 24 hours of providing the revision 
verbally, consistent with other uses in 10 CFR part 35.

    Dated at Rockville, Maryland, this 1st day of November, 2017.

    For the U.S. Nuclear Regulatory Commission.
Daniel S. Collins,
Director, Division of Material Safety, State, Tribal and Rulemaking 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-24129 Filed 11-6-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                  51655

                                                 No significant hazards consideration                    Renewed Facility Operating License                     Effective date: As of the date of
                                               comments received: No.                                  Nos. DPR–67 and NPF–16: Amendments                    issuance and shall be implemented
                                                                                                       revised the Renewed Facility Operating                within 60 days of issuance.
                                               FirstEnergy Nuclear Operating                           Licenses.                                                Amendment Nos.: 116 (Unit 1) and 16
                                               Company, Docket No. 50–440, Perry                         Date of initial notice in Federal                   (Unit 2). A publicly-available version is
                                               Nuclear Power Plant (PNPP), Unit No. 1,                 Register: July 5, 2017 (82 FR 31098).                 in ADAMS under Accession No.
                                               Lake County, Ohio                                         The Commission’s related evaluation                 ML17236A057; documents related to
                                                  Date of amendment request: April 26,                 of the amendments is contained in a                   these amendments are listed in the
                                               2017.                                                   Safety Evaluation dated October 23,                   Safety Evaluation enclosed with the
                                                  Brief description of amendment: The                  2017.                                                 amendments.
                                               amendment revised the PNPP                                No significant hazards consideration                   Facility Operating License Nos. NPF–
                                               Environmental Protection Plan                           comments received: No.                                90 and NPF–96: Amendments revised
                                               (Nonradiological) to clarify and enhance                                                                      the Facility Operating Licenses and
                                               wording, to remove duplicative or                       NextEra Energy Duane Arnold, LLC,                     Technical Specifications.
                                               outdated program information, and to                    Docket No. 50–331, Duane Arnold                          Date of initial notice in Federal
                                               relieve the burden of submitting                        Energy Center (DAEC), Linn County,                    Register: February 28, 2017 (82 FR
                                               unnecessary or duplicative information                  Iowa                                                  12137). The supplemental letters dated
                                               to the NRC.                                                Date of amendment request: March                   May 5, 2017, and July 21, 2017,
                                                  Date of issuance: October 19, 2017.                                                                        provided additional information that
                                                  Effective date: As of the date of                    31, 2017.
                                                                                                                                                             clarified the application, did not expand
                                               issuance and shall be implemented                          Brief description of amendment: The
                                                                                                                                                             the scope of the application as originally
                                               within 60 days of issuance.                             amendment revised the DAEC Plume
                                                                                                                                                             noticed, and did not change the NRC
                                                  Amendment No.: 178. A publicly-                      Exposure Pathway Emergency Planning
                                                                                                                                                             staff’s original proposed no significant
                                               available version is in ADAMS under                     Zone (EPZ) in its Emergency
                                                                                                                                                             hazards consideration determination as
                                               Accession No. ML17257A098;                              Preparedness Plan. The DAEC
                                                                                                                                                             published in the Federal Register.
                                               documents related to this amendment                     Evacuation Time Estimates Study has
                                                                                                                                                                The Commission’s related evaluation
                                               are listed in the Safety Evaluation                     also been revised to encompass the
                                                                                                                                                             of the amendments is contained in a
                                               enclosed with the amendment.                            changes proposed to the DAEC Plume
                                                                                                                                                             Safety Evaluation dated October 17,
                                                  Facility Operating License No. NPF–                  Exposure Pathway EPZ boundary.
                                                                                                                                                             2017.
                                               58: Amendment revised the Facility                         Date of issuance: October 18, 2017.
                                                                                                                                                                No significant hazards consideration
                                               Operating License.                                         Effective date: As of the date of                  comments received: No.
                                                  Date of initial notice in Federal                    issuance and shall be implemented
                                               Register: July 5, 2017 (82 FR 31097).                   within 180 days.                                        For the Nuclear Regulatory Commission.
                                                  The Commission’s related evaluation                     Amendment No.: 301. A publicly-                    Anne T. Boland,
                                               of the amendment is contained in a                      available version is in ADAMS under                   Director, Division of Operating Reactor
                                               Safety Evaluation dated October 19,                     Accession No. ML17212A646;                            Licensing, Office of Nuclear Reactor
                                               2017.                                                   documents related to this amendment                   Regulation.
                                                  No significant hazards consideration                 are listed in the Safety Evaluation                   [FR Doc. 2017–23749 Filed 11–6–17; 8:45 am]
                                               comments received: No.                                  enclosed with the amendment.                          BILLING CODE 7590–01–P

                                               Florida Power & Light Company, et al.,                     Renewed Facility Operating License
                                               Docket Nos. 50–335 and 50–389, St.                      No. DPR–49: The amendment revised
                                                                                                       the Emergency Plan.                                   NUCLEAR REGULATORY
                                               Lucie Plant, Unit Nos. 1 and 2, St. Lucie                                                                     COMMISSION
                                               County, Florida                                            Date of initial notice in Federal
                                                                                                       Register: June 6, 2017 (82 FR 26132).                 [NRC–2017–0215]
                                                  Date of amendment request: May 2,                       The Commission’s related evaluation
                                               2017.                                                   of the amendment is contained in a                    Yttrium-90 Microsphere Brachytherapy
                                                  Brief description of amendments: The                 Safety Evaluation dated October 18,                   Sources and Devices TheraSphere®
                                               amendments revised the Renewed                          2017.                                                 and SIR-Spheres®
                                               Facility Operating Licenses’ ‘‘Fire
                                                                                                          No significant hazards consideration               AGENCY: Nuclear Regulatory
                                               Protection’’ license conditions. The
                                                                                                       comments received: No.                                Commission.
                                               changes incorporated new references
                                               into these license conditions that                      Tennessee Valley Authority, Docket                    ACTION: Draft guidance; request for
                                               approved a revision to plant                            Nos. 50–390 and 50–391, Watts Bar                     comment.
                                               modifications previously approved in                    Nuclear Plant, Units 1 and 2, Rhea
                                               the March 31, 2016, NRC issuance of                     County, Tennessee                                     SUMMARY:   The U.S. Nuclear Regulatory
                                               National Fire Protection Association                                                                          Commission (NRC) is revising its
                                               Standard 805 license amendments                           Date of amendment request: October                  licensing guidance for licenses
                                               (ADAMS Accession No. ML15344A346).                      20, 2016, as supplemented by letters                  authorizing the use of Yttrium-90 (Y–90)
                                                  Date of issuance: October 23, 2017.                  dated May 5, 2017, and July 21, 2017.                 Microsphere Brachytherapy Sources and
                                                  Effective date: As of the date of                      Brief description of amendments: The                Devices TheraSphere® and SIR-
                                               issuance and shall be implemented                       amendments revised Technical                          Spheres®. The NRC is requesting public
                                               within 60 days of issuance.                             Specification 3.7.12, ‘‘Auxiliary                     comment on the draft revision of the
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                                                  Amendment Nos.: 242 (Unit No. 1)                     Building Gas Treatment System                         licensing guidance (Rev. 10). The
                                               and 193 (Unit No. 2). A publicly-                       (ABGTS),’’ to provide an action when                  document has been revised to
                                               available version is in ADAMS under                     both trains of the ABGTS are inoperable               significantly update the criteria for
                                               Accession No. ML17248A379;                              due to the auxiliary building secondary               training and experience, medical event
                                               documents related to these amendments                   containment enclosure boundary being                  reporting, inventory requirement
                                               are listed in the Safety Evaluation                     inoperable.                                           specifications, and waste disposal
                                               enclosed with the amendments.                             Date of issuance: October 17, 2017.                 issues. The revised guidance document


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                                               51656                      Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices

                                               also provides new information regarding                 Y–90 Microsphere Brachytherapy                        required by regulation. This guidance
                                               cremation and autopsy. This guidance is                 Sources and Devices Licensing                         will also be available for voluntary use
                                               intended for use by NRC applicants,                     Guidance, Revision 10, is available in                by Agreement States.
                                               NRC licensees, and the NRC staff.                       ADAMS under Accession No.                                The licensing guidance for Y–90
                                               DATES: Submit comments by January 8,                    ML17107A375.                                          microsphere brachytherapy was initially
                                               2018. Comments received after this date                   • NRC’s PDR: You may examine and                    published in October 2002 and
                                               will be considered if it is practical to do             purchase copies of public documents at                subsequently revised in 2004, 2007,
                                               so, but the NRC is only able to ensure                  the NRC’s PDR, Room O1–F21, One                       2008, 2011, 2012, and 2016. Following
                                               consideration of comments received on                   White Flint North, 11555 Rockville                    years of using the current licensing
                                               or before this date.                                    Pike, Rockville, Maryland 20852.                      guidance, the NRC staff, stakeholders,
                                                                                                         The draft Y–90 Microsphere                          and the Advisory Committee on the
                                               ADDRESSES: You may submit comments                      Brachytherapy Sources and Devices                     Medical Uses of Isotopes (ACMUI) have
                                               by any of the following methods:                        Licensing Guidance, Revision 10, is also              identified numerous issues that need to
                                                 • Federal Rulemaking Web site: Go to                  available on the NRC’s public Web site                be addressed. A working group
                                               http://www.regulations.gov and search                   on the ‘‘Medical Uses Licensee Toolkit’’              comprised of Agreement State
                                               for Docket ID NRC–2017–0215. Address                    page at https://www.nrc.gov/materials/                representatives and NRC staff was
                                               questions about NRC dockets to Carol                    miau/med-use-toolkit.html.                            formed to address identified issues. The
                                               Gallagher; telephone: 301–415–3463;                                                                           document has been revised to
                                               email: Carol.Gallagher@nrc.gov. For                     B. Submitting Comments
                                                                                                                                                             significantly update the criteria for
                                               technical questions, contact the                          Please include Docket ID NRC–2017–                  training and experience, medical event
                                               individual listed in the FOR FURTHER                    0215 in your comment submission.                      reporting, inventory requirement
                                               INFORMATION CONTACT section of this                       The NRC cautions you not to include                 specifications, and waste disposal
                                               document.                                               identifying or contact information that               issues. The revised guidance document
                                                 • Mail comments to: May Ma, Office                    you do not want publicly disclosed in                 also provides new information regarding
                                               of Administration, Mail Stop: OWFN–2–                   your comment submission. The NRC                      cremation and autopsy.
                                               A13, U.S. Nuclear Regulatory                            will post all comment submissions at                     As described in the draft licensing
                                               Commission, Washington, DC 20555–                       http://www.regulations.gov as well as                 guidance, the NRC is recommending
                                               0001.                                                   enter the comment submissions into                    removal of the alternate, manufacturer
                                                 For additional direction on obtaining                 ADAMS. The NRC does not routinely                     provided clinical training pathway to
                                               information and submitting comments,                    edit comment submissions to remove                    complete the training and experience
                                               see ‘‘Obtaining Information and                         identifying or contact information.                   criteria listed in Section B of the
                                               Submitting Comments’’ in the                              If you are requesting or aggregating                training and experience section of the
                                               SUPPLEMENTARY INFORMATION section of                    comments from other persons for                       licensing guidance. During an ACMUI
                                               this document.                                          submission to the NRC, then you should                meeting on October 7, 2016
                                               FOR FURTHER INFORMATION CONTACT: Lisa                   inform those persons not to include                   (ML16357A688), the ACMUI
                                               Dimmick, Office of Nuclear Material                     identifying or contact information that               recommended that the NRC leave this
                                               Safety and Safeguards; U.S. Nuclear                     they do not want to be publicly                       alternate pathway in the Y–90
                                               Regulatory Commission, Washington,                      disclosed in their comment submission.                microsphere licensing guidance to allow
                                               DC 20555–0001; telephone: 301–415–                      Your request should state that the NRC                access to Y–90 microsphere
                                               0694; email: Lisa.Dimmick@nrc.gov.                      does not routinely edit comment                       brachytherapy in areas where there may
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       submissions to remove such information                not already be approved AUs to
                                                                                                       before making the comment                             supervise new physicians. However,
                                               I. Obtaining Information and                            submissions available to the public or                after licensing Y–90 microspheres under
                                               Submitting Comments                                     entering the comment submissions into                 10 CFR 35.1000 for over 10 years, there
                                               A. Obtaining Information                                ADAMS.                                                should be substantial facilities and AUs
                                                                                                                                                             available to offer training for Y–90
                                                  Please refer to Docket ID NRC–2017–                  II. Background
                                                                                                                                                             microspheres, similar to other
                                               0215 when contacting the NRC about                         The NRC is requesting public                       therapeutic modalities, and therefore
                                               the availability of information regarding               comment on the draft licensing                        this pathway should be removed to
                                               this action. You may obtain publicly-                   guidance entitled ‘‘Yttrium-90                        bring Y–90 microsphere brachytherapy
                                               available information related to this                   Microsphere Brachytherapy Sources and                 training and experience (T&E) in line
                                               action by the following methods:                        Devices TheraSphere® and SIR-                         with other T&E requirements in 10 CFR
                                                  • Federal Rulemaking Web site: Go to                 Spheres® Licensing Guidance.’’ This                   part 35.
                                               http://www.regulations.gov and search                   draft would be revision 10 to this                       The manufacturers stated, during the
                                               for Docket ID NRC–2017–0215.                            licensing guidance. The licensing                     same ACMUI meeting, that training
                                                  • NRC’s Agencywide Documents                         guidance provides medical use                         under the supervision of a manufacturer
                                               Access and Management System                            applicants with an acceptable means of                representative should remain as a T&E
                                               (ADAMS): You may obtain publicly-                       satisfying the requirements for a license             pathway because their representatives
                                               available documents online in the                       for the use of TheraSphere® and SIR-                  are highly knowledgeable about their
                                               ADAMS Public Documents collection at                    Spheres® and is not intended to be the                devices. The NRC agrees with the
                                               http://www.nrc.gov/reading-rm/                          only means of satisfying the                          manufacturers that the individual who
                                               adams.html. To begin the search, select                 requirements for a license. The licensing             provides the training in the operation of
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                                               ‘‘ADAMS Public Documents’’ and then                     guidance provides the NRC with a set of               the device should be knowledgeable
                                               select ‘‘Begin Web-based ADAMS                          standard criteria for evaluating a license            about the device, and this could include
                                               Search.’’ For problems with ADAMS,                      application, although an applicant may                a manufacturer representative as well as
                                               please contact the NRC’s Public                         submit alternative information and                    the licensees’ personnel. The proposed
                                               Document Room (PDR) reference staff at                  commitments for review by the NRC                     licensing guidance still requires the
                                               1–800–397–4209, 301–415–4737, or by                     staff to make a licensing determination               physician to receive training on the
                                               email to pdr.resource@nrc.gov. The draft                unless the information is specifically                operation of the device. However, the


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                                                                          Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Notices                                                  51657

                                               clinical experience a physician received                microsphere requests authorization for                passed to ensure recentness of training
                                               during the 3 patient cases should                       use of another type of microsphere. For               or whether this proposal could
                                               include more than operation of the                      instance, are 3 additional cases for the              potentially lower licensee’s safety
                                               device. At a minimum, the clinical                      other type of microsphere necessary for               standards for the patients being treated.
                                               experience should also include                          the AU to gain the knowledge to safely
                                                                                                                                                                (6) Medical Event Definition: The NRC
                                               evaluation of dose and activity of Y–90                 administer the new microsphere, or
                                                                                                                                                             is seeking comments on the definition of
                                               microspheres to be administered to each                 should the number of cases be left to the
                                               treatment site, calculating and                         discretion of the supervising AU?                     medical events (ME) for Y–90
                                               measuring the activity and safely                          (3) Written Attestation from Preceptor:            microspheres as provided in the
                                               preparing the Y–90 microspheres to be                   Historically, the NRC has not required a              proposed guidance. A primary purpose
                                               delivered, using administrative controls                written attestation, signed by a                      of ME reporting is to identify the cause
                                               to prevent a medical event, and                         preceptor AU, because there was not a                 of the event in order to correct them and
                                               following up and reviewing each                         sufficient number of AUs to supervise                 prevent their recurrence. In the last 2
                                               patient’s case history. During the                      the training and sign the written                     years there have been several MEs
                                               ACMUI meeting, the ACMUI                                attestation. However, given that the NRC              reported where the administration of the
                                               recommended that this type of training                  and Agreement States have licensed Y–                 Y–90 results in dose or activity to the
                                               be provided by someone with defined                     90 microsphere brachytherapy AUs for                  lobe opposite the lobe documented in
                                               medical experience, but left it up to the               over 10 years, the NRC is seeking                     the written directive. The working
                                               NRC to decide what medical experience                   comments to determine if there is                     group was informed that in some
                                               would be necessary. As this T&E is                      anything unique about Y–90                            instances, the AU may determine in the
                                               specific to patient care and patient                    microsphere brachytherapy compared to                 interventional radiology suite that they
                                               follow-up, the proposed licensing                       other types of manual brachytherapy                   may be unable to deliver the amount of
                                               guidance recommends this type of                        that would obviate the need for a                     Y–90 microspheres to the intended lobe,
                                               training be provided by an AU for each                  written attestation.
                                                                                                                                                             but still wish to perform the treatment
                                               type of Y–90 microsphere for which the                     (4) Clinical Experience under the
                                                                                                       Supervision of a Manufacturer                         knowing some dose or activity may go
                                               individual is seeking AU status, similar
                                                                                                       Representative: The proposed licensing                to the lobe opposite the lobe
                                               to how other modalities are regulated in
                                                                                                       guidance removes the alternate                        documented in the written directive.
                                               10 CFR part 35. Additionally, changing
                                               the criteria would not preclude the                     pathway, which allows an individual to                The NRC is seeking specific comments
                                               manufacturer representatives from                       become an AU for Y–90 microsphere                     on whether the delivery of Y–90
                                               providing training, as is normally done                 brachytherapy prior to completing any                 microspheres can be controlled to a
                                               for other therapies.                                    patient cases if the applicant commits                specific lobe or location as described in
                                                                                                       that the first three patient cases                    the written directive and, if not,
                                               III. Request for Comments                               completed by that AU will be hands-on                 whether flexibility in the written
                                                  The NRC is requesting comments on                    and supervised in the physical presence               directive is necessary to avoid reporting
                                               the proposed licensing guidance,                        of a manufacturer representative. This                of events that cannot be controlled using
                                               entitled, ‘‘Yttrium-90 Microsphere                      alternate pathway remained in the                     the current technology. If flexibility is
                                               Brachytherapy Sources and Devices                       licensing guidance for several years                  necessary, the NRC is seeking comments
                                               TheraSphere® and SIR-Spheres®                           because there were a limited number of                on whether the use of dose or activity
                                               Licensing Guidance, Revision 10.’’                      AUs who were authorized for each type                 ranges in the written directive or an
                                               While the NRC is requesting comments                    of Y–90 microsphere, which made it                    ability to change the written directive in
                                               on the entirety of the proposed                         difficult for physicians who were                     the interventional radiology suite prior
                                               guidance, the NRC is specifically                       seeking authorization to complete the                 to administering the Y–90 microspheres
                                               seeking comments on several sections.                   necessary clinical experience described
                                                  (1) Recommended Minimum Clinical                                                                           would be adequate. This type of
                                                                                                       in Section B under the supervision of
                                               Experience: Due to the complexity of                                                                          revision could be made verbally by the
                                                                                                       another AU already authorized for the
                                               delivery of Y–90 microspheres, the                      use of Y–90 microspheres. The NRC is                  AU, as long as the revision is
                                               licensing guidance historically and                     seeking comments on whether                           documented in writing and signed by
                                               currently recommends that a                             completing the recommended clinical                   the AU within 24 hours of providing the
                                               prospective AU demonstrate he or she                    experience under the supervision of                   revision verbally, consistent with other
                                               has clinical experience with the device.                AU(s) authorized for the type of                      uses in 10 CFR part 35.
                                               The current recommendation is that 3                    microsphere for which the new                           Dated at Rockville, Maryland, this 1st day
                                               patient cases for each type of                          physician is seeking authorization still              of November, 2017.
                                               microsphere should be completed for                     presents an undue burden on                             For the U.S. Nuclear Regulatory
                                               each prospective authorized user prior                  physicians. Further, the NRC is seeking               Commission.
                                               to approval. This recommendation is                     comments on whether any unique
                                                                                                                                                             Daniel S. Collins,
                                               similar to requirements in other therapy                characteristics of Y–90 microsphere
                                               modalities, such as section 35.390 of                   brachytherapy warrant continuation of                 Director, Division of Material Safety, State,
                                               title 10 of the Code of Federal                         this alternate training pathway.                      Tribal and Rulemaking Programs, Office of
                                               Regulations (10 CFR). The NRC is                        Additionally, the NRC is seeking                      Nuclear Material Safety and Safeguards.
                                               seeking specific comments on whether 3                  comments on whether finding licensed                  [FR Doc. 2017–24129 Filed 11–6–17; 8:45 am]
                                               patient cases provide adequate clinical                 facilities at which the physicians could              BILLING CODE 7590–01–P
ethrower on DSK3G9T082PROD with NOTICES




                                               experience for a physician to gain AU                   complete this clinical experience would
                                               status for Y–90 microspheres.                           be difficult.
                                                  (2) Adding Authorization for Other                      (5) Timeliness for Completion of In-
                                               Microsphere Type: The NRC is seeking                    Vivo Cases: The NRC is seeking
                                               comments to determine additional                        comments on whether the proposed one
                                               training needed when an AU who is                       in-vivo case prior to treating patients
                                               already authorized to use one type of                   would be appropriate if 6 months has


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Document Created: 2018-10-25 10:27:23
Document Modified: 2018-10-25 10:27:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDraft guidance; request for comment.
DatesSubmit comments by January 8, 2018. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before this date.
ContactLisa Dimmick, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0694; email: [email protected]
FR Citation82 FR 51655 

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