Determination of Public Health Emergency, 7316-7317 [2020-02496]

Download as PDF 7316 Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below. TOTAL ESTIMATED ANNUALIZED BURDEN HOURS Number of respondents Form name Total responses Average burden per response (in hours) Total burden hours Nurse Faculty Loan Program—Program Specific Data Form ................................................................................. Nurse Faculty Loan Program—Annual Performance Report Financial Data Form ................................................. 90 1 90 8 720 260 1 260 6 1,560 Total Burden ................................................................. 350 ........................ 350 ........................ 2,280 HRSA specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Maria G. Button, Director, Executive Secretariat. section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination and declaration took effect February 4, 2020. FOR FURTHER INFORMATION CONTACT: Robert P. Kadlec, M.D., MTM&H, MS, Assistant Secretary for Preparedness and Response, Office of the Secretary, Department of Health and Human Services, 200 Independence Avenue SW, Washington, DC 20201, Telephone (202) 205–2882 (this is not a toll free number). [FR Doc. 2020–02408 Filed 2–6–20; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4165–15–P I. Background DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Determination of Public Health Emergency Office of the Secretary, Department of Health and Human Services. ACTION: Notice. AGENCY: The Secretary of Health and Human Services (HHS) is issuing this notice pursuant to section 564 of the Federal Food, Drug, and Cosmetic (FD&C) Act. On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to SUMMARY: jbell on DSKJLSW7X2PROD with NOTICES Number of responses per respondent VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 Under Section 564 of the FD&C Act, 21 U.S.C. 360bbb–3, the Commissioner of the Food and Drug Administration (FDA), acting under delegated authority from the Secretary of HHS, may issue an Emergency Use Authorization (EUA) authorizing (1) the emergency use of an unapproved drug, an unapproved or uncleared device, or an unlicensed biological product; or (2) an unapproved use of an approved drug, approved or cleared device, or licensed biological product. Before an EUA may be issued, the Secretary of HHS must declare that circumstances exist justifying the authorization based on one of four determinations: (1) A determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a, chemical, biological, radiological, or nuclear (‘‘CBRN’’) agent or agents; (2) the identification of a material threat by the Secretary of Homeland Security pursuant to section 319F–2 of the Public Health Service (PHS) Act 1 sufficient to affect national security or the health and security of United States citizens living abroad; (3) a determination by the Secretary of Defense that there is a military 1 42 PO 00000 U.S.C. 247d–6b. Frm 00052 Fmt 4703 Sfmt 4703 emergency, or a significant potential for a military emergency, involving a heightened risk to United States military forces, including personnel operating under the authority of title 10 or title 50, of attack with (i) a biological, chemical, radiological, or nuclear agent or agents; or (ii) an agent or agents that may cause, or are otherwise associated with, an imminently life-threatening and specific risk to United States military forces; or (4) a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad, and that involves a CBRN agent or agents, or a disease or condition that may be attributable to such agent or agents.2 Based on any of these four determinations, the Secretary of HHS may then declare that circumstances exist that justify the EUA, at which point the FDA Commissioner may issue an EUA if the criteria for issuance of an authorization under section 564 of the FD&C Act are met. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of in vitro diagnostics for detection and/or diagnosis of the novel coronavirus (2019-nCoV) by the Secretary of HHS, as described below, enable the FDA Commissioner to issue EUAs for certain in vitro diagnostics for emergency use under section 564 of the FD&C Act. The Centers for Disease Control and Prevention (CDC) requested that the FDA issue an EUA for its in 2 As amended by the Pandemic and All-Hazards Preparedness Reauthorization Act, Public Law 113– 5, the Secretary may make determination of a public health emergency, or a significant potential for a public health emergency, under section 564 of the FD&C Act. The Secretary is no longer required to make a determination of a public health emergency in accordance with section 319 of the PHS Act, 42 U.S.C. 247d to support a determination or declaration made under section 564 of the FD&C Act. E:\FR\FM\07FEN1.SGM 07FEN1 Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices April 16, 2020, 6:00 p.m. The meeting is closed to the public. vitro diagnostic for detection of 2019nCoV to allow the Department to take preparedness measures based on information currently available about 2019-nCoV. II. Determination by the Secretary of Health and Human Services On February 4, 2020, pursuant to section 564 of the FD&C Act, I determined that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). III. Declaration of the Secretary of Health and Human Services Also on February 4, 2020, on the basis of my determination of a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves the novel (new) coronavirus (2019nCoV), I declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of the novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. Notice of any EUAs issued by the FDA Commissioner pursuant to this determination and declaration will be provided promptly in the Federal Register as required under section 564 of the FD&C Act. Alex M. Azar II, Secretary. [FR Doc. 2020–02496 Filed 2–6–20; 8:45 am] BILLING CODE 4150–28–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health jbell on DSKJLSW7X2PROD with NOTICES National Cancer Institute; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, April 16, 4:00 p.m. to April 17, 2020, 5:00 p.m., Bethesda North Marriott Hotel & Conference Hotel, 5701 Marinelli Road, Rockville, MD, 20850 which was published in the Federal Register on January 30, 2020, 85 FR 5456. This meeting notice is amended to change the meeting dates and start and end times. The meeting will now be held on April 15, 2020, 3:00 p.m. to VerDate Sep<11>2014 17:42 Feb 06, 2020 Jkt 250001 Dated: February 3, 2020. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. 7317 Dated: February 3, 2020. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–02406 Filed 2–6–20; 8:45 am] BILLING CODE 4140–01–P [FR Doc. 2020–02402 Filed 2–6–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institutes of Health National Cancer Institute; Amended Notice of Meeting National Institute of General Medical Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute of General Medical Sciences Special Emphasis Panel; Review the U01 Diversity Program Consortium—Dissemination and Translation Award applications. Date: March 25, 2020. Time: 8:30 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: Embassy Suites—Chevy Chase Pavilion, Conference Room Chevy Chase Ballroom, 4300 Military Road NW, Washington, DC 20015. Contact Person: Rebecca H. Johnson, Ph.D., Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 3AN18C, 45 Center Drive, Bethesda, MD 20892, (301) 594–2771, johnsonrh@nigms.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS) PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, February 27, 2020, 11:00 a.m. to 3:00 p.m., National Cancer Institute, Shady Grove, 9609 Medical Center Drive, Room 7W108, Rockville, MD 20850 which was published in the Federal Register on December 30, 2019, 84 FR 71964. This meeting notice is amended to change the meeting start time from 11:00 a.m. to 10:00 a.m. on February 27, 2020. The meeting is closed to the public. Dated: February 3, 2020. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–02401 Filed 2–6–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Cellular, Molecular and Integrative Reproduction Study Section, February 19, 2020, 8:00 a.m. to February 20, 2020, 5:00 p.m. at the Embassy Suites Alexandria Old Town, 1900 Diagonal Road, Alexandria, VA 22314, which was published in the Federal Register on January 27, 2020, 85 FR 4672. The Contact Person for this meeting has been changed to Elaine SierraRivera, Ph.D., Scientific Review Officer, Phone (301) 435–1053, email: riverase@ csr.nih.gov. The meeting date and time remain the same. The meeting is closed to the public. E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7316-7317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02496]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Determination of Public Health Emergency

AGENCY: Office of the Secretary, Department of Health and Human 
Services.

ACTION: Notice.

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

SUMMARY: The Secretary of Health and Human Services (HHS) is issuing 
this notice pursuant to section 564 of the Federal Food, Drug, and 
Cosmetic (FD&C) Act. On February 4, 2020, the Secretary determined 
pursuant to his authority under section 564 of the FD&C Act that there 
is a public health emergency that has a significant potential to affect 
national security or the health and security of United States citizens 
living abroad and that involves a novel (new) coronavirus (nCoV) first 
detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On 
the basis of this determination, he also declared that circumstances 
exist justifying the authorization of emergency use of in vitro 
diagnostics for detection and/or diagnosis of this novel coronavirus 
(2019-nCoV) pursuant to section 564 of the FD&C Act, subject to the 
terms of any authorization issued under that section.

DATES: The determination and declaration took effect February 4, 2020.

FOR FURTHER INFORMATION CONTACT: Robert P. Kadlec, M.D., MTM&H, MS, 
Assistant Secretary for Preparedness and Response, Office of the 
Secretary, Department of Health and Human Services, 200 Independence 
Avenue SW, Washington, DC 20201, Telephone (202) 205-2882 (this is not 
a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Under Section 564 of the FD&C Act, 21 U.S.C. 360bbb-3, the 
Commissioner of the Food and Drug Administration (FDA), acting under 
delegated authority from the Secretary of HHS, may issue an Emergency 
Use Authorization (EUA) authorizing (1) the emergency use of an 
unapproved drug, an unapproved or uncleared device, or an unlicensed 
biological product; or (2) an unapproved use of an approved drug, 
approved or cleared device, or licensed biological product. Before an 
EUA may be issued, the Secretary of HHS must declare that circumstances 
exist justifying the authorization based on one of four determinations: 
(1) A determination by the Secretary of Homeland Security that there is 
a domestic emergency, or a significant potential for a domestic 
emergency, involving a heightened risk of attack with a, chemical, 
biological, radiological, or nuclear (``CBRN'') agent or agents; (2) 
the identification of a material threat by the Secretary of Homeland 
Security pursuant to section 319F-2 of the Public Health Service (PHS) 
Act \1\ sufficient to affect national security or the health and 
security of United States citizens living abroad; (3) a determination 
by the Secretary of Defense that there is a military emergency, or a 
significant potential for a military emergency, involving a heightened 
risk to United States military forces, including personnel operating 
under the authority of title 10 or title 50, of attack with (i) a 
biological, chemical, radiological, or nuclear agent or agents; or (ii) 
an agent or agents that may cause, or are otherwise associated with, an 
imminently life-threatening and specific risk to United States military 
forces; or (4) a determination by the Secretary that there is a public 
health emergency, or a significant potential for a public health 
emergency, that affects, or has a significant potential to affect, 
national security or the health and security of United States citizens 
living abroad, and that involves a CBRN agent or agents, or a disease 
or condition that may be attributable to such agent or agents.\2\
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 247d-6b.
    \2\ As amended by the Pandemic and All-Hazards Preparedness 
Reauthorization Act, Public Law 113-5, the Secretary may make 
determination of a public health emergency, or a significant 
potential for a public health emergency, under section 564 of the 
FD&C Act. The Secretary is no longer required to make a 
determination of a public health emergency in accordance with 
section 319 of the PHS Act, 42 U.S.C. 247d to support a 
determination or declaration made under section 564 of the FD&C Act.
---------------------------------------------------------------------------

    Based on any of these four determinations, the Secretary of HHS may 
then declare that circumstances exist that justify the EUA, at which 
point the FDA Commissioner may issue an EUA if the criteria for 
issuance of an authorization under section 564 of the FD&C Act are met.
    The determination of a public health emergency, and the declaration 
that circumstances exist justifying emergency use of in vitro 
diagnostics for detection and/or diagnosis of the novel coronavirus 
(2019-nCoV) by the Secretary of HHS, as described below, enable the FDA 
Commissioner to issue EUAs for certain in vitro diagnostics for 
emergency use under section 564 of the FD&C Act. The Centers for 
Disease Control and Prevention (CDC) requested that the FDA issue an 
EUA for its in

[[Page 7317]]

vitro diagnostic for detection of 2019-nCoV to allow the Department to 
take preparedness measures based on information currently available 
about 2019-nCoV.

II. Determination by the Secretary of Health and Human Services

    On February 4, 2020, pursuant to section 564 of the FD&C Act, I 
determined that there is a public health emergency that has a 
significant potential to affect national security or the health and 
security of United States citizens living abroad and that involves a 
novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei 
Province, China in 2019 (2019-nCoV).

III. Declaration of the Secretary of Health and Human Services

    Also on February 4, 2020, on the basis of my determination of a 
public health emergency that has a significant potential to affect 
national security or the health and security of United States citizens 
living abroad and that involves the novel (new) coronavirus (2019-
nCoV), I declared that circumstances exist justifying the authorization 
of emergency use of in vitro diagnostics for detection and/or diagnosis 
of the novel coronavirus (2019-nCoV) pursuant to section 564 of the 
FD&C Act, subject to the terms of any authorization issued under that 
section.
    Notice of any EUAs issued by the FDA Commissioner pursuant to this 
determination and declaration will be provided promptly in the Federal 
Register as required under section 564 of the FD&C Act.

Alex M. Azar II,
Secretary.
[FR Doc. 2020-02496 Filed 2-6-20; 8:45 am]
BILLING CODE 4150-28-P
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