Revocation of Three Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Availability, 2163-2167 [2022-00521]

Download as PDF 2163 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility; (2) the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Manufactured Food Regulatory Program Standards OMB Control Number 0910–0601— Extension This information collection supports FDA’s ‘‘Manufactured Food Regulatory Program Standards’’ (2019) (https:// www.fda.gov/media/131392/download). We recommend that States use these program standards as the framework to design and manage their manufactured food programs. There are 44 State programs currently enrolled in the Manufactured Food Regulatory Program Standards (MFRPS) under cooperative agreements. The goal of the MFRPS is to implement a nationally integrated, riskbased, food safety system focused on protecting public health. The MFRPS establish a uniform basis for measuring and improving the performance of prevention, intervention, and response activities of manufactured food regulatory programs in the United States. The development and implementation of the standards will help Federal and State programs better direct their regulatory activities toward reducing foodborne illness. For more information we invite you to visit our website at: https://www.fda.gov/federalstate-local-tribal-and-territorialofficials/regulatory-program-standards/ manufactured-food-regulatory-programstandards-mfrps. FDA recommends that a State program enrolled in the MFRPS use the worksheets and forms contained in the standards; however, alternate forms that are equivalent may be used. The State program maintains documentation (guidance, procedures, documents, and forms) required by the 10 standards, which must be current and fit for use. In the first year of implementing the program standards, the State program conducts a baseline self-assessment of the documentation to determine if it meets the elements of each standard. The State program must participate in additional verification audits in subsequent years. After 5 years, FDA will conduct a comprehensive program audit of the documentation. As part of the program audit, the auditor reviews the records and supporting documents required by the criteria in each standard to determine if the self-assessment and improvement plan accurately reflect the State program’s level of conformance with each of the standards. If the State program fails to meet all program elements and documentation requirements of a standard, it develops a strategic plan which includes the following: (1) The individual element of documentation requirement of the standard that was not met, (2) improvements needed to meet the program element or documentation requirement of the standard, and (3) projected completion dates for each task. Description of Respondents: Respondents are State Departments of Agriculture or Health enrolled in the MFRPS (State Governments). FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Type of respondent; activity Number of respondents Number of responses per respondent Total annual responses Average burden per response Total hours State Governments; Development and reporting of data consistent with MFRPS .................................................... 44 1 44 569 25,036 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 Type of respondent; activity Number of recordkeepers Number of records per recordkeeper Total annual records Average burden per recordkeeping Total hours State Governments; Maintenance of data records consistent with MFRPS .......................................................... 44 10 440 40 17,600 1 There are no capital costs or operating and maintenance costs associated with this collection of information. jspears on DSK121TN23PROD with NOTICES1 We have adjusted the number of respondents to the information collection to reflect the enrollment of an additional State since our last evaluation. Dated: January 6, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–00559 Filed 1–12–22; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2021–N–0973] Revocation of Three Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID–19; Availability AGENCY: Food and Drug Administration, HHS. ACTION: VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 PO 00000 Notice. Frm 00038 Fmt 4703 Sfmt 4703 The Food and Drug Administration (FDA) is announcing the revocation of the Emergency Use Authorizations (EUAs) (the Authorizations) issued to Becton, Dickinson & Company (BD) for the BioGX SARS–CoV–2 Reagents for BD MAX System, Boston Medical Center for the BMC–CReM COVID–19 Test, and Akron Children’s Hospital for the Akron Children’s Hospital SARS–CoV–2 Assay. FDA revoked these Authorizations on December 8, 2021, under the Federal Food, Drug, and SUMMARY: E:\FR\FM\13JAN1.SGM 13JAN1 2164 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices Cosmetic Act (FD&C Act). The revocations, which include an explanation of the reasons for each revocation, are reprinted in this document. DATES: The Authorizations for the BioGX SARS–CoV–2 Reagents for BD MAX System, BMC–CReM COVID–19 Test, and Akron Children’s Hospital SARS–CoV–2 Assay are revoked as of December 8, 2021. ADDRESSES: Submit written requests for a single copy of the revocations to the Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver Spring, MD 20993–0002. Send one selfaddressed adhesive label to assist that office in processing your request or include a fax number to which the revocations may be sent. See the SUPPLEMENTARY INFORMATION section for electronic access to the revocations. FOR FURTHER INFORMATION CONTACT: Jennifer J. Ross, Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4332, Silver Spring, MD 20993–0002, 240–402–8155 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with NOTICES1 I. Background Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the Project BioShield Act of 2004 (Pub. L. 108–276) and the Pandemic and AllHazards Preparedness Reauthorization Act of 2013 (Pub. L. 113–5) allows FDA to strengthen the public health protections against biological, chemical, nuclear, and radiological agents. Among other things, section 564 of the FD&C Act allows FDA to authorize the use of an unapproved medical product or an unapproved use of an approved medical product in certain situations. On April 2, 2020, FDA issued an EUA to BD for the BioGX SARS–CoV–2 Reagents for VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 BD MAX System, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the Federal Register on June 5, 2020 (85 FR 34638), as required by section 564(h)(1) of the FD&C Act. On July 10, 2020, FDA issued an EUA to Boston Medical Center for the BMC– CReM COVID–19 Test, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the Federal Register on November 20, 2020 (85 FR 74346), as required by section 564(h)(1) of the FD&C Act. On September 29, 2020, FDA issued an EUA to Akron Children’s Hospital for the Akron Children’s Hospital SARS–CoV–2 Assay, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the Federal Register on April 23, 2021 (86 FR 21749), as required by section 564(h)(1) of the FD&C Act. Subsequent updates to the Authorizations were made available on FDA’s website. The authorization of a device for emergency use under section 564 of the FD&C Act may, pursuant to section 564(g)(2) of the FD&C Act, be revoked when the criteria under section 564(c) of the FD&C Act for issuance of such authorization are no longer met (section 564(g)(2)(B) of the FD&C Act), or other circumstances make such revocation appropriate to protect the public health or safety (section 564(g)(2)(C) of the FD&C Act). II. EUA Revocation Requests On December 3, 2021, FDA received a request from BD for the revocation of, and on December 8, 2021, FDA revoked, the Authorization for the BioGX SARS– CoV–2 Reagents for BD MAX System. Because BD notified FDA that BD discontinued the sale of the authorized product and requested FDA revoke the Authorization, FDA has determined that it is appropriate to protect the public health or safety to revoke this Authorization. On October 4, 2021 (and PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 reconfirmed December 6, 2021), FDA received a request from Boston Medical Center for the revocation of, and on December 8, 2021, FDA revoked, the Authorization for the BMC–CReM COVID–19 Test. Because Boston Medical Center notified FDA that the BMC–CReM COVID–19 Test is no longer performed pursuant to the EUA and requested FDA withdraw the Authorization, FDA has determined that it is appropriate to protect the public health or safety to revoke this Authorization. On December 3, 2021, FDA received a request from Akron Children’s Hospital for the revocation of, and on December 8, 2021, FDA revoked, the Authorization for the Akron Children’s Hospital SARS–CoV– 2 Assay. Because Akron Children’s Hospital notified FDA that it stopped performing the Akron Children’s Hospital SARS–CoV–2 Assay and requested that FDA revoke the Authorization, FDA has determined that it is appropriate to protect the public health or safety to revoke this Authorization. III. Electronic Access An electronic version of this document and the full text of the revocations are available on the internet at https://www.regulations.gov/. IV. The Revocations Having concluded that the criteria for revocation of the Authorizations under section 564(g)(2)(C) of the FD&C Act are met, FDA has revoked the EUAs for BD’s BioGX SARS–CoV–2 Reagents for BD MAX System, Boston Medical Center’s BMC–CReM COVID–19 Test, and Akron Children’s Hospital’s Akron Children’s Hospital SARS–CoV–2 Assay. The revocations in their entirety follow and provide an explanation of the reasons for each revocation, as required by section 564(h)(1) of the FD&C Act. BILLING CODE 4164–01–P E:\FR\FM\13JAN1.SGM 13JAN1 VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4725 E:\FR\FM\13JAN1.SGM 13JAN1 2165 EN13JA22.000</GPH> jspears on DSK121TN23PROD with NOTICES1 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices VerDate Sep<11>2014 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices 18:18 Jan 12, 2022 Jkt 256001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4725 E:\FR\FM\13JAN1.SGM 13JAN1 EN13JA22.001</GPH> jspears on DSK121TN23PROD with NOTICES1 2166 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices [FR Doc. 2022–00521 Filed 1–12–22; 8:45 am] jspears on DSK121TN23PROD with NOTICES1 BILLING CODE 4164–01–C DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections VerDate Sep<11>2014 18:18 Jan 12, 2022 Jkt 256001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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: Surgical Sciences, Biomedical Imaging and Bioengineering Integrated Review Group; Clinical Translational Imaging Science Study Section. Date: February 17–18, 2022. E:\FR\FM\13JAN1.SGM 13JAN1 EN13JA22.002</GPH> Dated: January 7, 2022. Lauren K. Roth, Associate Commissioner for Policy. 2167

Agencies

[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2163-2167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00521]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0973]


Revocation of Three Authorizations of Emergency Use of In Vitro 
Diagnostic Devices for Detection and/or Diagnosis of COVID-19; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
revocation of the Emergency Use Authorizations (EUAs) (the 
Authorizations) issued to Becton, Dickinson & Company (BD) for the 
BioGX SARS-CoV-2 Reagents for BD MAX System, Boston Medical Center for 
the BMC-CReM COVID-19 Test, and Akron Children's Hospital for the Akron 
Children's Hospital SARS-CoV-2 Assay. FDA revoked these Authorizations 
on December 8, 2021, under the Federal Food, Drug, and

[[Page 2164]]

Cosmetic Act (FD&C Act). The revocations, which include an explanation 
of the reasons for each revocation, are reprinted in this document.

DATES: The Authorizations for the BioGX SARS-CoV-2 Reagents for BD MAX 
System, BMC-CReM COVID-19 Test, and Akron Children's Hospital SARS-CoV-
2 Assay are revoked as of December 8, 2021.

ADDRESSES: Submit written requests for a single copy of the revocations 
to the Office of Counterterrorism and Emerging Threats, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver 
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist 
that office in processing your request or include a fax number to which 
the revocations may be sent. See the SUPPLEMENTARY INFORMATION section 
for electronic access to the revocations.

FOR FURTHER INFORMATION CONTACT: Jennifer J. Ross, Office of 
Counterterrorism and Emerging Threats, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 1, Rm. 4332, Silver Spring, MD 20993-
0002, 240-402-8155 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the 
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and 
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5) 
allows FDA to strengthen the public health protections against 
biological, chemical, nuclear, and radiological agents. Among other 
things, section 564 of the FD&C Act allows FDA to authorize the use of 
an unapproved medical product or an unapproved use of an approved 
medical product in certain situations. On April 2, 2020, FDA issued an 
EUA to BD for the BioGX SARS-CoV-2 Reagents for BD MAX System, subject 
to the terms of the Authorization. Notice of the issuance of this 
Authorization was published in the Federal Register on June 5, 2020 (85 
FR 34638), as required by section 564(h)(1) of the FD&C Act. On July 
10, 2020, FDA issued an EUA to Boston Medical Center for the BMC-CReM 
COVID-19 Test, subject to the terms of the Authorization. Notice of the 
issuance of this Authorization was published in the Federal Register on 
November 20, 2020 (85 FR 74346), as required by section 564(h)(1) of 
the FD&C Act. On September 29, 2020, FDA issued an EUA to Akron 
Children's Hospital for the Akron Children's Hospital SARS-CoV-2 Assay, 
subject to the terms of the Authorization. Notice of the issuance of 
this Authorization was published in the Federal Register on April 23, 
2021 (86 FR 21749), as required by section 564(h)(1) of the FD&C Act. 
Subsequent updates to the Authorizations were made available on FDA's 
website. The authorization of a device for emergency use under section 
564 of the FD&C Act may, pursuant to section 564(g)(2) of the FD&C Act, 
be revoked when the criteria under section 564(c) of the FD&C Act for 
issuance of such authorization are no longer met (section 564(g)(2)(B) 
of the FD&C Act), or other circumstances make such revocation 
appropriate to protect the public health or safety (section 
564(g)(2)(C) of the FD&C Act).

II. EUA Revocation Requests

    On December 3, 2021, FDA received a request from BD for the 
revocation of, and on December 8, 2021, FDA revoked, the Authorization 
for the BioGX SARS-CoV-2 Reagents for BD MAX System. Because BD 
notified FDA that BD discontinued the sale of the authorized product 
and requested FDA revoke the Authorization, FDA has determined that it 
is appropriate to protect the public health or safety to revoke this 
Authorization. On October 4, 2021 (and reconfirmed December 6, 2021), 
FDA received a request from Boston Medical Center for the revocation 
of, and on December 8, 2021, FDA revoked, the Authorization for the 
BMC-CReM COVID-19 Test. Because Boston Medical Center notified FDA that 
the BMC-CReM COVID-19 Test is no longer performed pursuant to the EUA 
and requested FDA withdraw the Authorization, FDA has determined that 
it is appropriate to protect the public health or safety to revoke this 
Authorization. On December 3, 2021, FDA received a request from Akron 
Children's Hospital for the revocation of, and on December 8, 2021, FDA 
revoked, the Authorization for the Akron Children's Hospital SARS-CoV-2 
Assay. Because Akron Children's Hospital notified FDA that it stopped 
performing the Akron Children's Hospital SARS-CoV-2 Assay and requested 
that FDA revoke the Authorization, FDA has determined that it is 
appropriate to protect the public health or safety to revoke this 
Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the 
revocations are available on the internet at https://www.regulations.gov/.

IV. The Revocations

    Having concluded that the criteria for revocation of the 
Authorizations under section 564(g)(2)(C) of the FD&C Act are met, FDA 
has revoked the EUAs for BD's BioGX SARS-CoV-2 Reagents for BD MAX 
System, Boston Medical Center's BMC-CReM COVID-19 Test, and Akron 
Children's Hospital's Akron Children's Hospital SARS-CoV-2 Assay. The 
revocations in their entirety follow and provide an explanation of the 
reasons for each revocation, as required by section 564(h)(1) of the 
FD&C Act.
BILLING CODE 4164-01-P

[[Page 2165]]

[GRAPHIC] [TIFF OMITTED] TN13JA22.000


[[Page 2166]]


[GRAPHIC] [TIFF OMITTED] TN13JA22.001


[[Page 2167]]


[GRAPHIC] [TIFF OMITTED] TN13JA22.002


    Dated: January 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-00521 Filed 1-12-22; 8:45 am]
BILLING CODE 4164-01-C
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.