Revocation of Three Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Availability, 15412-15415 [2023-05053]

Download as PDF 15412 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices document instructs that Custom Device Annual Reports should be written in English and explains that respondents should direct two copies, including at least one hard copy, to: Attn: Custom Device Annual Report Submission Coordinator, Division of Analysis and Program Operations, Office of Compliance, Center for Devices and Radiological Health, U.S. Food and Drug Administration, Bldg. 66, Rm. 2622, 10903 New Hampshire Ave., Silver Spring, MD 20993–0002. Although the submission of Custom Device Annual Reports are not required electronically, we strongly encourage submitting one of the two required copies as an eCopy (i.e., a PDF file on a CD, DVD, or flash drive). Technical instructions are also provided in the guidance document entitled ‘‘eCopy Program for Medical Device Submissions: Guidance for Industry and Food and Drug Administration Staff’’ (April 2020); available for download at https://www.fda.gov/downloads/ MedicalDevices/DeviceRegulationand Guidance/GuidanceDocuments/ UCM313794.pdf for more information about submitting an eCopy. We estimate the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Activity Number of respondents Number of responses per respondent Total annual responses Average burden per response Total hours Annual reporting for custom devices under 520(b) of the FD&C Act ......................................................................... 34 1 34 40 1,360 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Based on a review of the information collection since our last request for OMB approval, we have made no adjustments to our burden estimate. Dated: March 7, 2023. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2023–05051 Filed 3–10–23; 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: Notice. The Food and Drug Administration (FDA) is announcing the revocation of the Emergency Use Authorizations (EUAs) (the Authorizations) issued to Abbott Diagnostics Scarborough, Inc. (Abbott) for the BinaxNOW COVID–19 Ag 2 Card, and Standard BioTools, Inc. (Standard) for the Advanta Dx SARS– CoV–2 RT–PCR Assay and Advanta Dx COVID–19 EASE Assay. FDA revoked these Authorizations under the Federal Food, Drug, and Cosmetic Act (FD&C Act). The revocations, which include an explanation of the reasons for each revocation, are reprinted in this document. DATES: The Authorization for the BinaxNOW COVID–19 Ag 2 Card is revoked as of January 31, 2023. The ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 Authorizations for the Advanta Dx SARS–CoV–2 RT–PCR Assay and Advanta Dx COVID–19 EASE Assay are revoked as of February 1, 2023. 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 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) 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 March 31, 2021, FDA issued an EUA to Abbott for the BinaxNOW COVID–19 Ag 2 Card, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 Federal Register on July 23, 2021 (86 FR 39040), as required by section 564(h)(1) of the FD&C Act. On August 25, 2020, FDA issued an EUA to Standard (then known as Fluidigm Corp.) for the Advanta Dx SARS–CoV–2 RT–PCR Assay, 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 February 7, 2022, FDA issued an EUA to Standard (then known as Fluidigm Corp.) for the Advanta Dx COVID–19 EASE Assay, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the Federal Register on July 22, 2022 (87 FR 43877), as required by section 564(h)(1) of the FD&C Act. Subsequent revisions 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 January 20, 2023, FDA received a request from Abbott for the revocation of, and on January 31, 2023, FDA revoked, the Authorization for the BinaxNOW COVID–19 Ag 2 Card. Because Abbott requested FDA revoke the EUA for the BinaxNOW COVID–19 Ag 2 Card, FDA has determined that it is appropriate to protect the public health or safety to revoke this E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 appropriate to protect the public health or safety to revoke these Authorizations. 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4725 section 564(g)(2)(C) of the FD&C Act are met, FDA has revoked the EUAs for Abbott’s BinaxNOW COVID–19 Ag 2 Card, and Standard’s Advanta Dx SARS–CoV–2 RT–PCR Assay and Advanta Dx COVID–19 EASE 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\13MRN1.SGM 13MRN1 EN13MR23.016</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 Authorization. On January 30, 2023, FDA received a request from Standard for the withdrawal of, and on February 1, 2023, FDA revoked, the Authorizations for the Advanta Dx SARS–CoV–2 RT–PCR Assay and Advanta Dx COVID–19 EASE Assay. Because Standard requested FDA withdraw the EUAs for the Advanta Dx SARS–CoV–2 RT–PCR Assay and Advanta Dx COVID–19 EASE Assay, FDA has determined that it is 15413 VerDate Sep<11>2014 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices 19:32 Mar 10, 2023 Jkt 259001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4725 E:\FR\FM\13MRN1.SGM 13MRN1 EN13MR23.017</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 15414 Federal Register / Vol. 88, No. 48 / Monday, March 13, 2023 / Notices [FR Doc. 2023–05053 Filed 3–10–23; 8:45 am] Food and Drug Administration [Docket No. FDA–2023–N–0623] BILLING CODE 4164–01–C ddrumheller on DSK120RN23PROD with NOTICES1 DEPARTMENT OF HEALTH AND HUMAN SERVICES Antimicrobial Drugs Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments AGENCY: Food and Drug Administration, HHS. Notice; establishment of a public docket; request for comments. ACTION: VerDate Sep<11>2014 19:32 Mar 10, 2023 Jkt 259001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 The Food and Drug Administration (FDA) announces a forthcoming public advisory committee meeting of the Antimicrobial Drugs Advisory Committee. The general function of the committee is to provide advice and recommendations to FDA on regulatory issues. The meeting will be open to the public. FDA is establishing a docket for public comment on this document. SUMMARY: The meeting will be held virtually on April 17, 2023, from 9 a.m. to 4:30 p.m. Eastern Time. DATES: E:\FR\FM\13MRN1.SGM 13MRN1 EN13MR23.018</GPH> Dated: March 7, 2023. Lauren K. Roth, Associate Commissioner for Policy. 15415

Agencies

[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15412-15415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05053]


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

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 Abbott Diagnostics Scarborough, Inc. (Abbott) 
for the BinaxNOW COVID-19 Ag 2 Card, and Standard BioTools, Inc. 
(Standard) for the Advanta Dx SARS-CoV-2 RT-PCR Assay and Advanta Dx 
COVID-19 EASE Assay. FDA revoked these Authorizations under the Federal 
Food, Drug, and Cosmetic Act (FD&C Act). The revocations, which include 
an explanation of the reasons for each revocation, are reprinted in 
this document.

DATES: The Authorization for the BinaxNOW COVID-19 Ag 2 Card is revoked 
as of January 31, 2023. The Authorizations for the Advanta Dx SARS-CoV-
2 RT-PCR Assay and Advanta Dx COVID-19 EASE Assay are revoked as of 
February 1, 2023.

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 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) 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 March 31, 2021, FDA issued an 
EUA to Abbott for the BinaxNOW COVID-19 Ag 2 Card, subject to the terms 
of the Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on July 23, 2021 (86 FR 39040), as 
required by section 564(h)(1) of the FD&C Act. On August 25, 2020, FDA 
issued an EUA to Standard (then known as Fluidigm Corp.) for the 
Advanta Dx SARS-CoV-2 RT-PCR Assay, 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 February 7, 2022, 
FDA issued an EUA to Standard (then known as Fluidigm Corp.) for the 
Advanta Dx COVID-19 EASE Assay, subject to the terms of the 
Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on July 22, 2022 (87 FR 43877), as 
required by section 564(h)(1) of the FD&C Act. Subsequent revisions 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 January 20, 2023, FDA received a request from Abbott for the 
revocation of, and on January 31, 2023, FDA revoked, the Authorization 
for the BinaxNOW COVID-19 Ag 2 Card. Because Abbott requested FDA 
revoke the EUA for the BinaxNOW COVID-19 Ag 2 Card, FDA has determined 
that it is appropriate to protect the public health or safety to revoke 
this

[[Page 15413]]

Authorization. On January 30, 2023, FDA received a request from 
Standard for the withdrawal of, and on February 1, 2023, FDA revoked, 
the Authorizations for the Advanta Dx SARS-CoV-2 RT-PCR Assay and 
Advanta Dx COVID-19 EASE Assay. Because Standard requested FDA withdraw 
the EUAs for the Advanta Dx SARS-CoV-2 RT-PCR Assay and Advanta Dx 
COVID-19 EASE Assay, FDA has determined that it is appropriate to 
protect the public health or safety to revoke these Authorizations.

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 Abbott's BinaxNOW COVID-19 Ag 2 Card, and 
Standard's Advanta Dx SARS-CoV-2 RT-PCR Assay and Advanta Dx COVID-19 
EASE 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
[GRAPHIC] [TIFF OMITTED] TN13MR23.016


[[Page 15414]]


[GRAPHIC] [TIFF OMITTED] TN13MR23.017


[[Page 15415]]


[GRAPHIC] [TIFF OMITTED] TN13MR23.018


    Dated: March 7, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-05053 Filed 3-10-23; 8:45 am]
BILLING CODE 4164-01-C
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