Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Monkeypox Virus; Availability, 65071-65081 [2022-23391]

Download as PDF Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Advisory Committee was originally announced in the Federal Register of September 13, 2022 (87 FR 56071). The meeting has been postponed to allow time for FDA to review new information. Future meeting dates will be announced in the Federal Register. Dated: October 21, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–23379 Filed 10–26–22; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2022–N–2375] Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Monkeypox Virus; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing the issuance of an Emergency Use Authorization (EUA) (the Authorization) under the Federal Food, Drug, and Cosmetic Act (FD&C Act) in response to an outbreak of monkeypox. FDA has issued an Authorization for an in vitro diagnostic device as requested by Abbott Molecular, Inc. The Authorization contains, among other things, conditions on the emergency use of the authorized product. The Authorization follows the August 9, 2022, determination by the Secretary of Health and Human Services (HHS) 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 U.S. citizens living abroad, and that involves monkeypox virus. On the basis of such determination, the Secretary of HHS declared, on September 7, 2022, that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of infection with the monkeypox virus, including in vitro diagnostics that detect and/or diagnose infection with non-variola Orthopoxvirus, pursuant to the FD&C Act, subject to terms of any authorization issued under that section. The Authorization, which includes an explanation of the reasons for issuance, is reprinted in this document. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 The Authorization is applicable as of October 7, 2022. ADDRESSES: Submit written requests for a single copy of the EUA 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 Authorization may be sent. See the SUPPLEMENTARY INFORMATION section for electronic access to the Authorization. FOR FURTHER INFORMATION CONTACT: Jennifer Ross, Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4332, Silver Spring, MD 20993–0002, 301–796–8510 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: DATES: I. Background Section 564 of the FD&C Act (21 U.S.C. 360bbb–3) allows FDA to strengthen 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. With this EUA authority, FDA can help ensure that medical countermeasures may be used in emergencies to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by biological, chemical, nuclear, or radiological agents when there are no adequate, approved, and available alternatives (among other criteria). Section 564(b)(1) of the FD&C Act provides that, before an EUA may be issued, the Secretary of HHS must declare that circumstances exist justifying the authorization based on one of the following grounds: (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 biological, chemical, radiological, or nuclear agent or agents; (2) 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 U.S. military forces, including personnel operating under the authority of title 10 or title 50, U.S. Code, of attack with (A) a biological, chemical, radiological, or nuclear agent or agents or (B) an agent or agents that may cause, or are otherwise associated PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 65071 with, an imminently life-threatening and specific risk to U.S. military forces; 1 (3) a determination by the Secretary of HHS 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 U.S. citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents; or (4) the identification of a material threat by the Secretary of Homeland Security pursuant to section 319F–2 of the Public Health Service (PHS) Act (42 U.S.C. 247d–6b) sufficient to affect national security or the health and security of U.S. citizens living abroad. Once the Secretary of HHS has declared that circumstances exist justifying an authorization under section 564 of the FD&C Act, FDA may authorize the emergency use of a drug, device, or biological product if the Agency concludes that the statutory criteria are satisfied. Under section 564(h)(1) of the FD&C Act, FDA is required to publish in the Federal Register a notice of each authorization, and each termination or revocation of an authorization, and an explanation of the reasons for the action. Under section 564(h)(1) of the FD&C Act, revisions to an authorization shall be made available on the internet website of FDA. Section 564 of the FD&C Act permits FDA to authorize the introduction into interstate commerce of a drug, device, or biological product intended for use in an actual or potential emergency when the Secretary of HHS has declared that circumstances exist justifying the authorization of emergency use. Products appropriate for emergency use may include products and uses that are not approved, cleared, or licensed under sections 505, 510(k), 512, or 515 of the FD&C Act (21 U.S.C. 355, 360(k), 360b, or 360e) or section 351 of the PHS Act (42 U.S.C. 262), or conditionally approved under section 571 of the FD&C Act (21 U.S.C. 360ccc). II. Criteria for EUA Authorization FDA may issue an EUA only if, after consultation with the HHS Assistant Secretary for Preparedness and Response, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and 1 In the case of a determination by the Secretary of Defense, the Secretary of HHS shall determine within 45 calendar days of such determination, whether to make a declaration under section 564(b)(1) of the FD&C Act, and, if appropriate, shall promptly make such a declaration. E:\FR\FM\27OCN1.SGM 27OCN1 65072 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Prevention (to the extent feasible and appropriate given the applicable circumstances), FDA 2 concludes: (1) that an agent referred to in a declaration of emergency or threat can cause a serious or life-threatening disease or condition; (2) that, based on the totality of scientific evidence available to FDA, including data from adequate and wellcontrolled clinical trials, if available, it is reasonable to believe that (A) the product may be effective in diagnosing, treating, or preventing (i) such disease or condition or (ii) a serious or lifethreatening disease or condition caused by a product authorized under section 564, approved or cleared under the FD&C Act, or licensed under section 351 of the PHS Act, for diagnosing, treating, or preventing such a disease or condition caused by such an agent and (B) the known and potential benefits of the product, when used to diagnose, prevent, or treat such disease or condition, outweigh the known and potential risks of the product, taking into consideration the material threat posed by the agent or agents identified in a declaration under section 564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no adequate, approved, and available alternative to khammond on DSKJM1Z7X2PROD with NOTICES 2 The Secretary of HHS has delegated the authority to issue an EUA under section 564 of the FD&C Act to the Commissioner of Food and Drugs. VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 the product for diagnosing, preventing, or treating such disease or condition; (4) in the case of a determination described in section 564(b)(1)(B)(ii) of the FD&C Act, that the request for emergency use is made by the Secretary of Defense; and (5) that such other criteria as may be prescribed by regulation are satisfied. No other criteria for issuance have been prescribed by regulation under section 564(c)(4) of the FD&C Act. III. The Authorization The Authorization follows the August 9, 2022, determination by the Secretary of HHS 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 U.S. citizens living abroad, and that involves monkeypox virus. Notice of the Secretary’s determination was provided in the Federal Register on August 15, 2022 (87 FR 50090). On the basis of such determination, the Secretary of HHS declared, on September 7, 2022, that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of infection with the monkeypox virus, including in vitro diagnostics that detect and/or diagnose infection with non-variola Orthopoxvirus, pursuant to section 564 of the FD&C Act, subject to the terms of PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 any authorization issued under that section. Notice of the Secretary’s declaration was provided in the Federal Register on September 13, 2022 (87 FR 56074). On October 7, 2022, having concluded that the criteria for issuance of the Authorization under section 564(c) of the FD&C Act are met, FDA issued an EUA to Abbott Molecular, Inc. for the Alinity m MPXV, subject to the terms of the Authorization. The Authorization, which is included below in its entirety after section IV of this document (not including the authorized versions of the fact sheets and other written materials), provides an explanation of the reasons for issuance, as required by section 564(h)(1) of the FD&C Act. Any subsequent revision to the Authorization can be found on FDA’s web page at: https:// www.fda.gov/emergency-preparednessand-response/mcm-legal-regulatoryand-policy-framework/emergency-useauthorization. IV. Electronic Access An electronic version of this document and the full text of the Authorization is available on the internet at: https://www.fda.gov/ emergency-preparedness-and-response/ mcm-legal-regulatory-and-policyframework/emergency-useauthorization. BILLING CODE 4164–01–P E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices 65073 ·u.s. FOOD & DRUG ·:AP:Mfli! ISJit'A'ft(i N Qct<:iber 7, .2022 Gfoa Sairirnarto Manager Re$UlatoryAffaits Abbott M()letular, Inc. 1300 E touby Ave Des :Plames,JL600ls. Device: EUANwnber: Company: Indication'. Authorized Laboiitorles: Aliriity mMP:XV EUA220434 AbbottMoledilai::, Inc: This test is authori;zed l'i'.u: the qmtlitativ:e detection of DNA. fr<>m mmikeypox virus (dl:lde I/II)1 in humanlesfon swab specim~ (i.e., swabs ofacute pustular orvesicularrash)in viral transport media (VTM) from individuals suspected ofmonkeyp<>x virus infection t,y their healthcare provider; .Emergency use oi this test is Iimi:ted fo ttuthorized laboratorit:ls. Laboratories certified under the Clinical Laboratory ll.nptovement Amendments of I 9~& (CLlA), 42 u. S:C. §263a, that meetthe requirements to perfonnmQderate or high complexi.tytests. Dear Ms. Sammarco: This letter is in response fo your2 request that the Food and I)rug A.dmihistratlon (Fi)A) issue an Emergency Use Authorizc\,Uon (EUA) for .emergency use ofyour product,3 pursuant to Section 564 of the Federal Food, Drug, and CosmeticAct (the Act) (21 U.S.C. §360bbb-3); On Aµgust 9, 2022, pµrsuantfo Section 564(1:))(l)(C)Qftbe Act; the Secretary Qftbe Department Qf Health: and HlIDllm Services (HHS) determined that there is. a ~blic health emergency;. or. a significant potential for a public heafth emergency, that affects or bas a significant potential to affect national security or the health and security of United States i On August 12, 2022; foll!lWll'J8 ·a·meeting: converted bythe Worldllealili Orgmiizatlon (WHO) morikeypox virus variants wete renmned to align with current best practices under the International. Classification.ofDiseases !l!ld the WHO Family .of.Intel1t!ltional Health Related Classificatioos (WHO-FfC), This Jetter will refer to the fonnet Congo Basi1t (CentralAfrican)-cI!ide as clade one O) an4 tl"te fonner We,,;t African clade as clade two(ll). !{efer to: · .hfips://WWW;wh,o,intlnews/iteiii/12;0lf:2022:-111dllk¢Y@'lt::::¢li.pjl:rig.;.g.iv:e-virt1,~-yariartts-ttew~l'!lime$. 2 ease ofreference, this letter will use the term ''you" and rel!dcd tenns to refer to Abbott Molecular,Jnc .. 3 For e11s,e:of refei:en®. this: letter will use the tenn ''your product" to refer to tbllA!inity m MPXV tesh1!ied for the indication identified above. . VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.000</GPH> khammond on DSKJM1Z7X2PROD with NOTICES For 65074 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Page 2 - Gina Sammarco, Abbott Molecular, Inc. citizens living abroad fhat involves monkeypox virns. 4 Pursuant to Section 564 of the Act, and on the basis of such determination, the Secretary of HHS then declared on September 7, 2022 that circumstances exist justifying the authorization of emergency use ofin vitro diagnostics for detection.and/or diagnosis of infection withthemonkeypoxvirus, including in vitro diagnostics that detect and/or ~iagnose infection with non-variola Orthopoxvirus, subject to the terms of any authorization issued under Section 564(a)ofthe Act. 5 FDA (;tonsideredthe totality of scientific infotmation available in authorizing the emergency U$e of your product for the indication above. A su.1nmary of the performance information FDA · relied upon is contained in the "Alinity m MPXV AMP Kit" Package Insert. There is an FDA• cleared test for the qualitative detection ofnon-variola Orthopoxviros, thatincludes monkeypox virus, but this is not an adequate and available alternative to yout product: 6 Having con.eluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met; I am authorizing the emergency use of your product, described in the Scope. of Authorization of this-letter (Section II), subject to the terms of this authorization. L Criteria forlssuance ofAuthoriZidion I have concluded thatthe emergency use of your product meets the criteriafor issuance ofan authorization under Section 564(c) of the. Act, because I have concluded that: I. Tite monkeypox virus can cause a serious or life-threatening disease or condition, to humans infected bythis virus; 2. Based on the totality of scientific evfdence available to FDA, itis reasonable to. believe that your product may be effective in diagnosinginfectioi1 with the monkeypox virus, and that the known and potential benefits ofyour product when used for diagnosing monkeypox virus, outweigh the.known and potential risks of your product; and 3. TI1ere is no adequate, approved, and available alternative to the emergency use of your pro.duct. 7 IJ. Scope o( Authorlzatfon I have concluded, pursuaritto Section 564(d)(1)ofthe Act, that the scope of this authorization is limited to the indication above. 87 FR50090 (August 15, 2022) s 87FR56074 (September I3, 2022) 6 To date, the FDA-cleared CDCNon-variola Orihopoxvirus Real-time PCR Primer and Probe Set (Product Code: PBK; DEN070001, Kl&l205,K221658, K22l834, K222558) is the only test available in the United States with FDA clearance for the detection of non-variola Otthopoxvims DNA, including vaccinia, cowpox,.monkeypox and ectromelia viruses at varying concentrations. Available information indicates that timely detection of rnonkeypo.X cases in the United States. requires wide availability of diagnostic testing to control the spread of this contagious infection. and there is currently a need for additional diagnostic testing for rn onkeypox virus in the United States. 7 No other criteria ofissuance have been prescnbed by regulation under Section 564(cX4) of the Act VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.001</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 4 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices 65075 !>age 3 -G:ina Sammarco, Abbott Molecular, Inc. Authorized.Product Details Your product hi a real-time I>CR test ii.1tended for the qualitative detection of DNAfrom monkeypoxvirus (clad.: VII) in humanJe.sion swttb specimens (Le., swabs ofacute pustular or vesicular rash) in viral transport media (VtM} front individuals sm;pected ofmonkeypox. infection bytheirhealthcare provider. Testing is limited to laboratories certified under the Clinical Laboratory lmprovement Amendments of 1988 (CLIA), 42 U ;RC. §263a, that meet the requirement$ to perfonn moderate Qt high complexity tests. Results are. for the identification of monkeypox virus (clade I/II) DNAwhich is generally detectable in .human pustular or vesicular lesion specimens during the acute phase. of infection. Positive results are indicative ofthe presence of :m:onkeypoxvirus (clade VIi) DNA; clinical. CQrrelation with patient his(ory and other diagnostic infonnation is necessary to detennine patient it1feqtion $fatus. Positive results do Mt rule out bacleria:l infection .or co-infection with Qther viruses. The agent detected maynot be the definite cause of disease. Negative.results obtained with.this device do not preclude monkeypox virus (clade I/II)infection and should not be used as the sole basis fortreatrnent or other patient manageme11tdecisio11s. Negative results must be combinedwith clinical observations, patienthistory, atrdepidemiological information, The Alinity m MPXV assay is fo be used. with the Alinity m System; or other authorized instruments (as maybe requested u11det Condition P. below) which performs sample preparatfon, PCR assembly, amplification, detection, and result calculation and reporting. All steps ofthe Alinity m MP:XV assay procedure are executed automatically bythe Ali11itym System, o:r other authorized insfrurmmts, TheAlit1itym MPXV it1dudesthe materials (or other authorized materials as· may be requested under Co11dition P. below) described in the Package. Insert. Your product requires use of the Alit1ity m MPXV CTR.L Kit which is available from yotrwith the "Alii:ritym MPXV C't.RL Kif' Pacl<.age Insert; or other authorized control materia{s (as may be requested underCondition P. below) that are described in the Package Irtserts described below. Your product also .requires the use of additional. authorized materials and authorized ancillary reagents that are not ini::luded with your product and are described in the Package Inserts described below: The labeling entitled"Alinity m MPXV AMP Kit'' PackageJnserl, "Alinity m MPXV CTRL Kit" Package Insert; "Alinity MPXVApplication Specification File" Package Insert; (available at.https://YMYi.fda,ggV1medigal-deviQeslirnwrgency-use-autboti~atioM-med1caJ,devices/monkeypox•emergency-use"aUthorizations-medical.devices ), and the fo11owing fact sheets pertaining to the emergency use; are. required to be made available a.,; setforth in the Conditions of Authorization (Section IV); and are collectively referred to as "authorized labeling": • • Fact Sheet fofffealthcare Providers: AhbotCMoleculat, Inc,. -Alinity 1n MPXV Fact Shootfor Patients: Abbott Molecular, Inc. -Alinity m MPXV VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.002</GPH> khammond on DSKJM1Z7X2PROD with NOTICES the above .des~ribed product, when accompanied by the authorized labeling provided as setforth h1 the Conditions of Authorization(Section IV), is authorizedfo be distributed to llt14 used by 65076 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Page 4 Gina Sammarco, Abbott Molecular, Inc. authorized laboratories under this EUA, despite the fact that it does not meet certain requirements otherwise required by applicable federal law. I have concluded, pursuant to Section 564(d)(2) of the Act, that it is reasonable to believe that the known and potential benefits of your product, when used consistent with the Scope of Authorization of this letter (Section II), outweigh the known and potential risks of your product. I have concluded, pursuant to Section 564(d)(3) of the Act, based on the totality of scientific evidence available to FDA, that it is reasonable to believe that your product may be effective in diagnosing infection with the monkeypox virus, when used consistent with the Scope of Authorization of this letter (Section II), pursuant to Section 564(c)(2)(A) of the Act. FDA has reviewed the scientific information available to FDA, including the information supporting the conclusions described in Section I above, and concludes that your product (as described in the Scope of Authorization of this letter (Section II)) meets the criteria set forth in Section 564(c) of the Act concerning safety and potential effectiveness. 1he emergency use of your product under this EUA must be consistent with, and may not exceed, the tenns of this lett.er, including the Scope of Authorization (Section II) and the Conditions of Authorization (Section IV). Subject to the tem1s of this EUA and under the circumstances set forth in the Secretary ofHHS's detennination under Section 564(b)(l)(C) of the Act described above and the Secretary of HHS' s corresponding declaration under Section 564(b )( 1) of the Act, your product is authorized forthe indication above. III. Waiver of Certain Requirements I am waiving the following requirements for your product during the duration of this EUA: • Curre11t good manufacturing practice requirements, including the quality system requirements under 21 CFR Part 820 with respect to the design, manufacture, packaging, labeling, storage, and distribution of your product, but excluding Subpart H (Acceptance Activities, 21 CFR 820.80 and 21 CFR 820.86), Subpart I (Nonconforming Product, 21 CFR 820.90), Subpart O (Statistical Techniques, 21 CFR 820.250) and Subpart M (Complaint Files, 21 CFR 820.198). IV. Conditions of Authorization Pursuant to Section 564(e) of the Act, I am establishing the following conditions on this authorization: Abbott Molecular, Inc. (You) and Authorized Distributor(s) 8 A. Your product must comply with the following labeling requirements pursuant to FDA regulations: the intended use statement (21 CFR 809.10(a)(2), (b)(2)); adequate directions VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.003</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 8 "Authorized Distributor(s)" are identified by you, Abbott Molecular Inc., in your EUA submission as an entity allowed to distribute your product. Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices 65077 Page 5 -GlnaSammarco,Abbott Molecular, Inc. for use (21U:S.C. 352(f)l(21 CFR 809, 1-0(b)(5),(7), and{8)); appropriate limitations. on the use. of the device includlng.iufoonationrequiredtmder 21 CFR809.lO(a)(4); and any avaitableinforrnation reg11tdingptirforrnance ofth:e de'Vi:ce, includiilg requkemenw under 21 CFR809,10(b)(12), . B. Your product must comply .vith the following qµalify systemrequirem.ents pursuanHo FDA regulations: 21 CFR 820 Subpart Il (Acceptance Activities, 21 CFR 820,80 and CFil 820,86); $ubpartl(Notl®nfonn:lng Prodi.l.:t, 21 CFR 820.90), Subpart o (Statlsticlil Techniques,.21 CFR 820.250); and Subl)art M(ComplaiutFileS; 21 CFR 820,198), 21 C. You and authorized distributor(s)must make your product available with the authorized labeltngtQ. authorized. laboratories, D. Y'<>ll and allt!.nnjzed disttil>utor(s)mui make ayaifabte onJ1ourwel>siie(s)ihe authorized labeling. E. You and authorizedtlistrihutor(s) musdncfode a pliysfoal copy ot"the "Alinity m MPXV AMP .Kit" Package Inserts. in each shipped producfto authorized laboratori¢s and musttnake the "AJ,iJJity MPXV .Application $.pecifica,ion.File'' Pacl<age It1$ert electronically·available. F\ You and authorized clistribu.tor(s)must i.nforni atith<>rized 1ah<>tatoriesan4refovant public health authorities ofthis EDA. lncludirtgfhe forms and conditions herein, ancl updates made lo your product and authorized labeling, any G; Through iiprocess of inventory control,you and m.tthorizedilistributor(s)mustmnlntaln records of the• authorized laboratories to which your productis distributed and the number ofym:ir productdistribµted, H. You and authorized distributor(s) mustcollectinformation. on the performance ofyour product You mwtreport any si~ficantdevfatiottS:fromthe. established perfonnance characteristics of your productof which you become awaret6 the Divisiort of Microbiology(OMD)!OfficeofflealthTechnology 7(0HTI): Office ofin Vitro rnagnostics.·/Office of.ProdtictEvalUationand.Quality(O~EQ)(Cent~for Devices and Radiological Health (CDRH)(via email: CDRH"EUA"Reporting@fda.hhs.gov). t You ilhd auth:orizeddistributor(s) are auth<>rizedto make available additional information re1atingto the emefgenccyuse otyourproductthatis consistent-with, and does note1'.tceed; the tennsofthis letter of auth1,>rization. 1 You and authorized distributor(s) must make available the controlmaterial, Allnity m MPXVCTRLKitWith the "Atinity m MPXV?TRL I<it'' Package Insert,orother authQrized control ma,terials (as may be requested under Condition P. below), at the same time as your product VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.004</GPH> khammond on DSKJM1Z7X2PROD with NOTICES AhbotfMoleciilar, Inc~ (You) 65078 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Page 6 Gina Sammarco, Abbott Molecular, Inc. K You mustregister andJistcorisistentwith 21 CFR Part 807 within.onemonthofthis letter. L. You must notify FDA Qf any authoriZed distributor( s) of your product, including the name; address, and.phone number of any authorized distributot(s). M. You must have a signed agreement with each authorized distributor that distribution of the authorized product must be consistent with. this Letter of Authorization. N: If requested by FDA~ you must submit associated documents and records related to your quality system for FDA review within 48 hours ofthe request. Q; You.must provide authorized distributot(s) with a copy of this EUA and eommunfoate to authorized distributor( s) any subsequent amendments tl1at might be made to this EUA and its authorized accompanying materials (e.g., FactSheets). P: You may request modifications to this EUA for your product, including to the Scope of Aufuorization (Section II in this letter) or to the authorized. labeling, includittg requests to make available. additional authorized labeling specific to an authorized distributor. Such additional labeling may use.another name for the product but otherwise must be consistent with the authorized labeling, and not exceed fue terms of aufuorization ofthis letter. Any requestfor mQdification to this EUA should be submittedto DMD/OHT7/OPEQ/CDRH and require appropriate authorization from FDA. Q. You musthave lot release procedures and the lot release procedures, including the study design and statistical power, must ensure that the tests releasedfor distribution have the clinical and analytical performance claimed in the authorized labeling. R. If requested by FDA. y-0u must submit: lot release procedures to FDA; including sampling protocols, testing protocols, and acceptance criteri~ that you use to release lots 0.fyour product for distribution in fue lJ.S. If such lot release procedures ate requested by FDA. you must provide it within 48 hours of the requesL S, You must evaluate fue analytical limit of detection and assess traceability of your product with any FDA-rec◊mmended refetence material(s) if requested by FDA. 9 After submission to and concurrence with the data by FDA. you must update your labeling to reflect the additional testing. Such labeling updates will be made in consultationwith, and requite concurrence of, D:MD/OHT7/OPEQ/CDRH. t. You must have a process: in place to 11:ackadverse and. report to FDA pursuant to 2 i CFR Part 803. Traceability refers to tracing analytical sensitivity/reactivity back to an FDA-recommended reference material. FDA may requ~t, for example, that you p¢rfOI!(i this study in the event that we rect;ive t¢p0ns of adverse events concerning your prodm;t VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.005</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 9 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices 65079 Page 7 ~ Gina Sammarco, Al,bott Molecular, Inc. U You·musf evaluate. the impact ofmonkeypox viral mutations on your product's performance, such evaluations must occur on an. ongoing basis. and.must include any additional data l!llalysis.tha:t is requested by FI)A iii response to @y performance concerns you or FDA identify during routine evalua:tfon:;. Addifionally, if i:equested by FI)A. you musf.subnritrecords ofthese tIV;aluati:ons for FDA review within 48ho:urs ()f the request If your e:valuationidentifies viral mutations that affect the stated expected performance of your device, you must notify FDA immediately (via email: CDRH..;EUARep<m:in$®fdµms.g9v). v; Ifrequested by FDA. you must update your labeling within 7 calendar days to include any additional labelit1g risk mitigations identified by FDA regarding the. impact of viral mutations on test performance. Such updates will be made in consultation: with, and requirecottcurrenceof, DMD/OHT7-0IR/OPEQ/CDRH. w. You m1.1Stfurther evaluate the diriical perfonnance of your product using natural clinical lei,ion swab specimens inVTM in an FDA agre.ed upon post authorization clinical evaluation study withfu 6 months of'the date.of this 1etter (unless otherwise agreed to with DMD/OHIT/OPEQ/CDRH); Aftersul,mission to and concurrence with the data by FDA.. you must update the -authorized labeling to reflect the additionaltesting:. Such labeling updates wi11 be made iii consultation with,. and. requite concurrence of, DMD/OH'lWOPEQ/CDRH. X. You must complete FDkagreedupon post authorization specimen stability studies within 3 months.ofthe date of this letter (unless otherwise agreed to with DMD/OHT7 /OPEQ!CDRH).. Aftersubmissionofthe study data, an:d review and concurrence withthe data by FDA. you mustupdate. your product lahelingto reflect the additional testmg. Such labeling upd.ates mllSt be made ip consµlta.tiott with, and require conc1.1rrettce of, DMD/OHT7/0PEQICDRH, Y. You must submittoDMD/OII't74)IRJO:PEQ/CDRIIwith:iti 3 months ofthe date of this letter youtplan and artticipated timelihe to establish and maintain a quality system that i$ appropriate for your product's design amt ml!llufa.cture; and that meets the requirements of either the 2016 edition ofISO 13485 or 21 CFR Part 820. Autho~ed Laboratories Z; Authorized laboratories that receive. your product must notify the relevant public health authorities of their'fotent to run youf product priortoinitiatingtesting. AA. AuthorizedJaboratories Using your product musthave a. ptOCt:$8. in pfac.i for reporting test results. to healthca.re providers anff relevant public health authorities, as appropriate. BB: Authorized taboratOries using your pi:oductmiistinclude with.test.resultieports, all authorized Fact Sheets. Under exigent circumstances,. othera:ppropriate methods for disseminating these Fact Sheets. may be used, which may include mass media VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.006</GPH> khammond on DSKJM1Z7X2PROD with NOTICES CC. Authorized .laboratories using your product must use yourproduct as outlined in the 65080 Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices Page 8 ~ Gina Sammarco,. Abbott Molecular, Inc. authorized labeling. Devia1ions from the authorized procedures, including the authorized instruments, authorized extraction methods, authorized clinical specimen types, authorized control materials, authorized other ancillary reagents and authorized materials required to use your product are not pennitted. DD. Authorized laboratories must have a process in place to track adverse events and report to you (via email: email: mo1eculatsupport@abbott:com; 1-800-553-7042) and to FDA pursuant to 21 CFR Part 803. EE. All laboratory personnel using your productmusfbe appropriately trained.in real-time PCR teclmiques and use appropriate laboratory and personal protective equipment when handling youtproductand use your ptoductin accordance with the authorized labeling:. Abbott Molectilar; Ine. (\'on), i\:uthorized Distributor(s)and Authorized Labonttories FR You, authorized distributof(s), . and authorized laboratories mustcollectinforination on the performance of your product and must report any significant deviations from the established performance characteristics ofyour product of which they become aware to DMD/OHT'T/OPEQ/CDRH (via email: CD;RH-EUA-Rew:>rting@fda.hhs.gov) In addition. authorized distributor(s) and authorized laboratories report to you (via email: email: moleculatsupport@abbott.com; 1-800-553-7042). 00. You, authorized distributor(s), and authorized laboratories m;ing: your product must ensure that any records associated with this EUA; are maintained until otherwise nptified by FDA. Such records must be made available to FDA for inspection upon request Conditions Rela~il to. Printed Materials, Advertising and Promotion ]:Il'.L All descriptive printed matter;.advertising and promotional materials relating.to the use of your product shall be consistent with the authorized labeling, as well.as the terms set forth in this EUA and meet the requirements setforthin section502(a), (q)(l), and (r) of the Act. as applicable, and FDA implementing regulations. II. No descriptive printed matter, advertising or promotional materials relating to the use of your product may represent or suggest that this test is safe or effective for the detection of monkeypox virus. or other oon:.variola orthopoxviruses. VerDate Sep<11>2014 16:55 Oct 26, 2022 • This product has not been FDA cleared or approved; but has been authorized for emergencyuse by FDA under an EDA for use by the authorizedlaboratories; • This product ha8beenauthorited only for the detectfon ofnucle:ic.acidfroni monkeypox virus, not for any othet vi.ruses or pathogens; and Jkt 259001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4725 E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.007</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Jl AU descriptive printed matter, advertising and promotfonal materials r¢lating to the use of your product shall clearly .and conspicuously state. that: Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / Notices 65081 P:age 9-GinaSanunarco, A.bhott M()leclilar, Jnc. • The e:mergencyt:1$e -o:fthi$ prodµ~ is Qllly aµtli<>rizedJ<>r the duratfon ofthe declaraoonthatcircumstances.existjustifyingtheauthorizationofemergency use ofin vitro diagnostics for detection and/Qr diagnosis of infection with the n1onke-ypoxvirus, itn:ludirtg vitro dia~osues thatdetectand/i>t dia~ose infei;;tionwith nonavarinlaOrthQpt>xvtrus, under Section 564(b)(l) Qfthe Federal :Food,.Dru& 1U1tlC:osmetk: Acrt; 21 D'.$.C, § 3(>Qbbh~3(b){l),,untessthe declaration is terminated orauthorizationis revoked sooner. ht ffo::etnetgettcy·use•ofyow•~t<>duct!i$·d¢sPtibedin•thls.1etter. ofauthorizatfonmust•®mply withthec()nditicms. and all otherterms <>:t'this.authorizlltion: · V. DurationofAuthorizatfon This EDA wm bee:ffective untffthe dedatat1on:that cfrciimstances existjusttiying the authorization ◊ftheemergim:(;lyuseo:finvitr() llia!Wo$ticsf()rdete~i()ll M4A>t·4il11W<>$isQf infecti()11:with the monk:eypox vints,includinginyittodiagnostics that detect and/or diagnose ififectionwithnon~variola Orthopaxvirus, isterminated under Section 564(b)(2) oftheAct.or the EUAisrevoked underSecti<>n 564(g) ◊fthe Act. Sincerely, Iii Namandje N. Bumpus, Ph.D. Chief'Scielrtist Food and DrugAdtrtiliisttlltiOri• Ericfosure [FR Doc. 2022–23391 Filed 10–26–22; 8:45 am] BILLING CODE 4164–01–C DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2017–D–0085] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Generally Recognized as Safe: Best Practices for Convening a Generally Recognized as Safe Panel khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget SUMMARY: VerDate Sep<11>2014 16:55 Oct 26, 2022 Jkt 259001 (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Submit written comments (including recommendations) on the collection of information by November 28, 2022. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to https:// www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. The title of this information collection is ‘‘Substances Generally Recognized as Safe: Best Practices for Convening a GRAS Panel.’’ Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 240–994–7399, PRAStaff@ fda.hhs.gov. In compliance with 44 U.S.C. 3507, FDA SUPPLEMENTARY INFORMATION: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 has submitted the following proposed collection of information to OMB for review and clearance. I. Background Best Practices for Convening a Generally Recognized as Safe Panel OMB Control Number 0910–NEW This information collection supports FDA’s implementation of Agency guidance. In 2017, FDA developed and published for comment a draft guidance entitled ‘‘Best Practices for Convening a Generally Recognized as Safe Panel,’’ (https://www.fda.gov/media/109006/ download) which, once finalized, would assist persons who choose to convene a panel of experts in support of a conclusion that the use of a substance in food is generally recognized as safe (GRAS). The Federal Food, Drug, and Cosmetic Act (FD&C Act) requires that all food additives (as defined by section 201(s) (21 U.S.C. 321(s)) be approved by FDA for their intended use in food before they are marketed. Section 409 of the FD&C Act (21 U.S.C. 348) establishes a premarket approval requirement for ‘‘food additives.’’ Section 201(s) of the E:\FR\FM\27OCN1.SGM 27OCN1 EN27OC22.008</GPH> Dated: October 19, 2022. Lauren K. Roth, Associate Commissioner for Policy.

Agencies

[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65071-65081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23391]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-2375]


Authorization of Emergency Use of an In Vitro Diagnostic Device 
for Detection of Monkeypox Virus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
issuance of an Emergency Use Authorization (EUA) (the Authorization) 
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) in response 
to an outbreak of monkeypox. FDA has issued an Authorization for an in 
vitro diagnostic device as requested by Abbott Molecular, Inc. The 
Authorization contains, among other things, conditions on the emergency 
use of the authorized product. The Authorization follows the August 9, 
2022, determination by the Secretary of Health and Human Services (HHS) 
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 U.S. 
citizens living abroad, and that involves monkeypox virus. On the basis 
of such determination, the Secretary of HHS declared, on September 7, 
2022, that circumstances exist justifying the authorization of 
emergency use of in vitro diagnostics for detection and/or diagnosis of 
infection with the monkeypox virus, including in vitro diagnostics that 
detect and/or diagnose infection with non-variola Orthopoxvirus, 
pursuant to the FD&C Act, subject to terms of any authorization issued 
under that section. The Authorization, which includes an explanation of 
the reasons for issuance, is reprinted in this document.

DATES: The Authorization is applicable as of October 7, 2022.

ADDRESSES: Submit written requests for a single copy of the EUA 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 Authorization may be sent. See the SUPPLEMENTARY INFORMATION 
section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Jennifer Ross, Office of 
Counterterrorism and Emerging Threats, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 1, Rm. 4332, Silver Spring, MD 20993-
0002, 301-796-8510 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) allows FDA to 
strengthen 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. With this EUA authority, FDA can help ensure that medical 
countermeasures may be used in emergencies to diagnose, treat, or 
prevent serious or life-threatening diseases or conditions caused by 
biological, chemical, nuclear, or radiological agents when there are no 
adequate, approved, and available alternatives (among other criteria).
    Section 564(b)(1) of the FD&C Act provides that, before an EUA may 
be issued, the Secretary of HHS must declare that circumstances exist 
justifying the authorization based on one of the following grounds: (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 biological, 
chemical, radiological, or nuclear agent or agents; (2) 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 U.S. military forces, including personnel operating under the 
authority of title 10 or title 50, U.S. Code, of attack with (A) a 
biological, chemical, radiological, or nuclear agent or agents or (B) 
an agent or agents that may cause, or are otherwise associated with, an 
imminently life-threatening and specific risk to U.S. military forces; 
\1\ (3) a determination by the Secretary of HHS 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 U.S. citizens living 
abroad, and that involves a biological, chemical, radiological, or 
nuclear agent or agents, or a disease or condition that may be 
attributable to such agent or agents; or (4) the identification of a 
material threat by the Secretary of Homeland Security pursuant to 
section 319F-2 of the Public Health Service (PHS) Act (42 U.S.C. 247d-
6b) sufficient to affect national security or the health and security 
of U.S. citizens living abroad.
---------------------------------------------------------------------------

    \1\ In the case of a determination by the Secretary of Defense, 
the Secretary of HHS shall determine within 45 calendar days of such 
determination, whether to make a declaration under section 564(b)(1) 
of the FD&C Act, and, if appropriate, shall promptly make such a 
declaration.
---------------------------------------------------------------------------

    Once the Secretary of HHS has declared that circumstances exist 
justifying an authorization under section 564 of the FD&C Act, FDA may 
authorize the emergency use of a drug, device, or biological product if 
the Agency concludes that the statutory criteria are satisfied. Under 
section 564(h)(1) of the FD&C Act, FDA is required to publish in the 
Federal Register a notice of each authorization, and each termination 
or revocation of an authorization, and an explanation of the reasons 
for the action. Under section 564(h)(1) of the FD&C Act, revisions to 
an authorization shall be made available on the internet website of 
FDA. Section 564 of the FD&C Act permits FDA to authorize the 
introduction into interstate commerce of a drug, device, or biological 
product intended for use in an actual or potential emergency when the 
Secretary of HHS has declared that circumstances exist justifying the 
authorization of emergency use. Products appropriate for emergency use 
may include products and uses that are not approved, cleared, or 
licensed under sections 505, 510(k), 512, or 515 of the FD&C Act (21 
U.S.C. 355, 360(k), 360b, or 360e) or section 351 of the PHS Act (42 
U.S.C. 262), or conditionally approved under section 571 of the FD&C 
Act (21 U.S.C. 360ccc).

II. Criteria for EUA Authorization

    FDA may issue an EUA only if, after consultation with the HHS 
Assistant Secretary for Preparedness and Response, the Director of the 
National Institutes of Health, and the Director of the Centers for 
Disease Control and

[[Page 65072]]

Prevention (to the extent feasible and appropriate given the applicable 
circumstances), FDA \2\ concludes: (1) that an agent referred to in a 
declaration of emergency or threat can cause a serious or life-
threatening disease or condition; (2) that, based on the totality of 
scientific evidence available to FDA, including data from adequate and 
well-controlled clinical trials, if available, it is reasonable to 
believe that (A) the product may be effective in diagnosing, treating, 
or preventing (i) such disease or condition or (ii) a serious or life-
threatening disease or condition caused by a product authorized under 
section 564, approved or cleared under the FD&C Act, or licensed under 
section 351 of the PHS Act, for diagnosing, treating, or preventing 
such a disease or condition caused by such an agent and (B) the known 
and potential benefits of the product, when used to diagnose, prevent, 
or treat such disease or condition, outweigh the known and potential 
risks of the product, taking into consideration the material threat 
posed by the agent or agents identified in a declaration under section 
564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no 
adequate, approved, and available alternative to the product for 
diagnosing, preventing, or treating such disease or condition; (4) in 
the case of a determination described in section 564(b)(1)(B)(ii) of 
the FD&C Act, that the request for emergency use is made by the 
Secretary of Defense; and (5) that such other criteria as may be 
prescribed by regulation are satisfied.
---------------------------------------------------------------------------

    \2\ The Secretary of HHS has delegated the authority to issue an 
EUA under section 564 of the FD&C Act to the Commissioner of Food 
and Drugs.
---------------------------------------------------------------------------

    No other criteria for issuance have been prescribed by regulation 
under section 564(c)(4) of the FD&C Act.

III. The Authorization

    The Authorization follows the August 9, 2022, determination by the 
Secretary of HHS 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 U.S. citizens living abroad, and that involves 
monkeypox virus. Notice of the Secretary's determination was provided 
in the Federal Register on August 15, 2022 (87 FR 50090). On the basis 
of such determination, the Secretary of HHS declared, on September 7, 
2022, that circumstances exist justifying the authorization of 
emergency use of in vitro diagnostics for detection and/or diagnosis of 
infection with the monkeypox virus, including in vitro diagnostics that 
detect and/or diagnose infection with non-variola Orthopoxvirus, 
pursuant to section 564 of the FD&C Act, subject to the terms of any 
authorization issued under that section. Notice of the Secretary's 
declaration was provided in the Federal Register on September 13, 2022 
(87 FR 56074). On October 7, 2022, having concluded that the criteria 
for issuance of the Authorization under section 564(c) of the FD&C Act 
are met, FDA issued an EUA to Abbott Molecular, Inc. for the Alinity m 
MPXV, subject to the terms of the Authorization. The Authorization, 
which is included below in its entirety after section IV of this 
document (not including the authorized versions of the fact sheets and 
other written materials), provides an explanation of the reasons for 
issuance, as required by section 564(h)(1) of the FD&C Act. Any 
subsequent revision to the Authorization can be found on FDA's web page 
at: https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization.

IV. Electronic Access

    An electronic version of this document and the full text of the 
Authorization is available on the internet at: https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization.
BILLING CODE 4164-01-P

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[GRAPHIC] [TIFF OMITTED] TN27OC22.008


    Dated: October 19, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-23391 Filed 10-26-22; 8:45 am]
BILLING CODE 4164-01-C
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