Revocation of Two Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of Mpox; Availability, 69932-69935 [2023-22390]

Download as PDF 69932 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices the terms of the generic. Burden estimates have been updated. DATES: Comments due within 30 days of publication. OMB must make a decision about the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review-Open for Public Comments’’ or by using the search function. You can also obtain copies of the proposed collection of information by emailing ADDRESSES: collection activity under this generic clearance. Each request will include the individual form(s) or instrument(s), a justification specific to the individual information collection, and any supplementary documents. OMB is requested to review requests within 10 days of submission. Respondents: ACF funding recipients. Annual Burden Estimates This request will extend approval of currently approved monitoring forms. Currently approved forms and related burden can be found here: https:// www.reginfo.gov/public/do/ PRAICList?ref_nbr=202307-0970-014. Burden estimates for the next three years have been updated to reflect trends in use over the past three years. These are based on averages and actual individual requests will vary based on program office need. Instrument Number of respondents (total over request period) Number of responses per respondent (total over request period) Avg. burden per response (in hours) Total burden (in hours) New Program Monitoring Forms .................................................................... 1600 2.5 12 48,000 Mary B. Jones, ACF/OPRE Certifying Officer. year information. This document corrects that error. DEPARTMENT OF HEALTH AND HUMAN SERVICES [FR Doc. 2023–22382 Filed 10–6–23; 8:45 am] FOR FURTHER INFORMATION CONTACT: Casi Alexander, Office of Digital Transformation, Food and Drug Administration, FDA Library, 5630 Fishers Lane, Rm. 1087, Rockville, MD 20857, 240–402–5171, email: Casi.Alexander@fda.hhs.gov. Food and Drug Administration In the Federal Register of September 19, 2023 (88 FR 64435), in FR Doc. 2023–20136, the following correction is made: On page 64436, in the third column, in the second paragraph, ‘‘Fiscal Years 2024–2026’’ is corrected to read ‘‘Fiscal Years 2024–2027.’’ AGENCY: BILLING CODE 4184–79–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration SUPPLEMENTARY INFORMATION: [Docket No. FDA–2023–N–3636] Food and Drug Administration Information Technology Strategy; Request for Comments; Correction AGENCY: Food and Drug Administration, HHS. ACTION: Notice; correction. The Food and Drug Administration (FDA or Agency) is correcting a notice entitled ‘‘Food and Drug Administration Information Technology Strategy; Request for Comments’’ that appeared in the Federal Register of September 19, 2023. The document announced the availability of an information technology (IT) strategic plan entitled the ‘‘FDA Information Technology Strategy’’ and a request for comment on this IT Strategy. The document was published with an incorrect set of fiscal SUMMARY: ddrumheller on DSK120RN23PROD with NOTICES1 OPREinfocollection@acf.hhs.gov. Identify all requests by the title of the information collection. SUPPLEMENTARY INFORMATION: Description: Program monitoring is a post-award process through which ACF assesses a recipient’s programmatic performance and business management performance. Monitoring activities are necessary to ensure timely action by ACF to support grantees and protect federal interests. Program offices use information collected under this generic clearance to monitor funding recipient activities and to provide support or take appropriate action, as needed. The information gathered is or will be used primarily for internal purposes, but aggregate data may be included in public materials such as Reports to Congress or program office documents. Following standard OMB requirements, ACF will submit a request for each individual data VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 Dated: October 4, 2023. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2023–22388 Filed 10–6–23; 8:45 am] BILLING CODE 4164–01–P PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 [Docket No. FDA–2023–N–4202] Revocation of Two Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of Mpox; Availability Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing the revocations of the Emergency Use Authorizations (EUAs) (the Authorizations) issued to Life Technologies Corp. (a part of Thermo Fisher Scientific Inc.), for the TaqPath Monkeypox/Orthopox Virus DNA Kit, and Becton, Dickinson and Co., for the VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System. FDA revoked these Authorizations under the Federal Food, Drug, and Cosmetic Act (FD&C Act) as requested by these Authorization holders. The revocations, which include an explanation of the reasons for each revocation, are reprinted in this document. DATES: The Authorization for the Life Technologies Corp. (a part of Thermo SUMMARY: E:\FR\FM\10OCN1.SGM 10OCN1 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices Fisher Scientific Inc.)’s, TaqPath Monkeypox/Orthopox Virus DNA Kit is revoked as of April 18, 2023. The Authorization for the Becton, Dickinson and Co.’s, VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System is revoked as of May 24, 2023. ADDRESSES: Submit written requests for a single copy of the revocations to the Office of Policy, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, 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: Kim Sapsford-Medintz, Office of Product Evaluation and Quality, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 3216, Silver Spring, MD 20993–0002, 301– 796–0311 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD 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, radiological, or nuclear agent or 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 December 13, 2022, FDA issued the Authorization to Life Technologies Corp. (a part of Thermo Fisher Scientific VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 Inc.) for the TaqPath Monkeypox/ Orthopox Virus DNA Kit, subject to the terms of the Authorization. Notice of the issuance of this Authorization was published in the Federal Register on January 11, 2023 (88 FR 1587), as required by section 564(h)(1) of the FD&C Act. On December 23, 2022, FDA issued the Authorization to Becton, Dickinson and Co. for the VIASURE Monkeypox virus Real Time PCR 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 January 31, 2023 (88 FR 6262), 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. Authorizations Revocation Request In a request received by FDA on April 13, 2023, Life Technologies Corp. (a part of Thermo Fisher Scientific Inc.), requested the revocation of, and on April 18, 2023, FDA revoked, the Authorization for the Life Technologies Corp. (a part of Thermo Fisher Scientific Inc.)’s TaqPath Monkeypox/Orthopox Virus DNA Kit. Because Life Technologies Corp. (a part of Thermo Fisher Scientific Inc.), notified FDA that it is not commercially supporting the TaqPath Monkeypox/Orthopox Virus DNA Kit and no kit reagents were distributed in the United States and requested FDA revoke the Life PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 69933 Technologies Corp. (a part of Thermo Fisher Scientific Inc.)’s TaqPath Monkeypox/Orthopox Virus DNA Kit, FDA has determined that it is appropriate to protect the public health or safety to revoke this Authorization. In a request received by FDA on May 22, 2023, Becton, Dickinson and Co., requested the withdrawal of, and on May 24, 2023, FDA revoked, the Authorization for the Becton, Dickinson and Co.’s VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System. Because Becton, Dickinson and Co., notified FDA that it is not commercially manufacturing the VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System and no reagents were distributed in the United States and requested FDA revoke the Becton, Dickinson and Co.’s VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System, 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 Authorization under section 564(g)(2)(C) of the FD&C Act are met, FDA has revoked the EUA of Life Technologies Corp. (a part of Thermo Fisher Scientific Inc.)’s TaqPath Monkeypox/Orthopox Virus DNA Kit, and Becton, Dickinson and Co.’s VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System. The revocations in their entirety follow and provide an explanation of the reasons for revocations, as required by section 564(h)(1) of the FD&C Act. BILLING CODE 4164–01–P E:\FR\FM\10OCN1.SGM 10OCN1 69934 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices April 18, 2023. $tacey M()ltch®.ott Reguiatory•.AfIIUl'S Manager file Techno1ogies.•.Corporation(apiiitBf'.Themi◊ F1shet:Scientific,Jnc.} 5781 V:anA.llen\Vay C!ltlsbad; GA92Q0$ Re: Revocation ofEUA:220461 ThisJeUer is lll resp<>nsefo therequeslfromLffeTechnologies Corporation (a part of Thermo FishetScientific Inc), in .aJetter receiy<:dApril B, 2023, that theU.S. Food and Dntg Administration.(FDA)re:voke the EUAfofTaqPath M()nkeyi,ox/Ortho~ox V'irus DNA I<.it issued on De~mber 13, 2Q22. Thermo Fisher Scientific Inc; hl:t& decided not.Jo comtneI"cially support the EUA product and requested that the ~UA be re~oked, FDA understands that, as of the date of:thisJetter,noTaqPathMonke:ypox/Orthopox Vin.I$ DNAKttreagents wete distributed mthe United States. The authorizationofa deviceforemergency use undersectfon 564 ofthe Federal Food, Drug, and Cosmetic Act (the,Act) (21 U.S.C. 360bbb•3) may,pursuanFto section 564(g)(2) oftheAct, be revoked-when circumstiirices tnake sttchrevocation appropriate to. ptotectthe.public health. or safety (section $64(g)(2)(C} ofthe0Act), Because Toenno Fisher Scientificlnc. has,requested thiltFl)Are:vokt}the El.J.Aforthe TaqPilthMonkeypox/Orlhopox Vir:tlS DNAKit, FDAhas. determined that ifis appt:~priate, to protect the pubHo health or safe~; i~ t'e~ke this authqrization: Accordingly. FI)J\ here~y revokes EUA220Mit for the TaqPath MonkeyPoXl'.OrthopoxVirus DNA Kit, pursuanU<>: section S64(gX2)(C) qfthe A¢{ As ofilie 4* ofthisJetter; the TaqPilth Monkeypox/Orth()pux Vi~ DNA Kitis no lon~r attthgrized,for emergency use by FDA Notice ofthisrevocatiortwill·t;e··published mtlieftedeti'ttRegister,putsuant tosectfort564(h)(l) oftheAct JeffreyE. Shuren, M.D., J~D. Director Centerfor Devi~ an.41flldi<>fogical aeatttx VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4725 E:\FR\FM\10OCN1.SGM 10OCN1 EN10OC23.020</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 Food an<l't>rugA,d,:nt.iµistr~timt • Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 69935 May24,2023 Melissa Barhoover, Ph.D., RAC Sen:ior Regulatory Affairs Manager BectQn, Dickinson and Company 7 Loveton Circle, Sparks, MD 21152-0999 Re: Revocation ofEUA220453 Dear Dr. Barhoover: This letter is ill response to the request from Becton, Dickinson and Company ("BD')~ ill a ktter received May 22, 2023, that the U.S. Food and Drug Admillistration (FDA) withdraw the EUA for the VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System issued on December 23, 2022. BD has decided not to manufacture or sell these kits moving forward and requested that the EUA be withdrawn. FDA understands that, as of the date of this letter, no VIASURE Monkeypox virus Real Time PCR Reagents for BD MAX System reagents were distributed ill the United States. The authorization of a device for. emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. 360bbb-3) may, pursuantto section 564(gX2) oftlie Act, be revoked. when circumstam:es make such revocation appropriate to pr-0tect ihe public health Qr safety (section 564(g)(2)(C) of the Act). Because BD has requested that FDA withdraw the EUA for the VIASURE Monkeypox vnus Real Time PCR Reagents for BD MA,X System, FDA has determined that itis appropriate, to protect the public health or safety, to revoke this authorization. Accordingly, FDA hereby revokes EUA220453 for the VIASURE MonkeYPox virus Real Time PCR Reagents for BD MA,XSystem, pursuant to.section 564(g)(2XC) of the Act. As of the date ofthis letter, the VIASURE Monkeypox virus Real Time PCR Reagents for BD MA,X System is no longer authorized for emergency use by FDA. Notice ofthis tevoc.ation wiil be published in the Federal Regzs.tet, p0rsu:ant to section 564(hXl) oftheAct. • Sincerely~ Jeffrey E. Shuren, M.D., J.D. Director Center for Devices and Radiological Health Food and Drug Admillistration • [FR Doc. 2023–22390 Filed 10–6–23; 8:45 am] National Institutes of Health National Institute on Drug Abuse; Notice of Closed Meeting BILLING CODE 4164–01–C ddrumheller on DSK120RN23PROD with NOTICES1 DEPARTMENT OF HEALTH AND HUMAN SERVICES Pursuant to section 1009 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., VerDate Sep<11>2014 18:39 Oct 06, 2023 Jkt 262001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 on Drug Abuse Special Emphasis Panel; Implementing Comprehensive HIV Services in Syringe Service Program Settings. Date: November 17, 2023. Time: 12:00 to 2:00 p.m. E:\FR\FM\10OCN1.SGM 10OCN1 EN10OC23.021</GPH> Dated: October 4, 2023. Lauren K. Roth, Associate Commissioner for Policy.

Agencies

[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69932-69935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22390]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-4202]


Revocation of Two Authorizations of Emergency Use of In Vitro 
Diagnostic Devices for Detection and/or Diagnosis of Mpox; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
revocations of the Emergency Use Authorizations (EUAs) (the 
Authorizations) issued to Life Technologies Corp. (a part of Thermo 
Fisher Scientific Inc.), for the TaqPath Monkeypox/Orthopox Virus DNA 
Kit, and Becton, Dickinson and Co., for the VIASURE Monkeypox virus 
Real Time PCR Reagents for BD MAX System. FDA revoked these 
Authorizations under the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) as requested by these Authorization holders. The revocations, 
which include an explanation of the reasons for each revocation, are 
reprinted in this document.

DATES: The Authorization for the Life Technologies Corp. (a part of 
Thermo

[[Page 69933]]

Fisher Scientific Inc.)'s, TaqPath Monkeypox/Orthopox Virus DNA Kit is 
revoked as of April 18, 2023. The Authorization for the Becton, 
Dickinson and Co.'s, VIASURE Monkeypox virus Real Time PCR Reagents for 
BD MAX System is revoked as of May 24, 2023.

ADDRESSES: Submit written requests for a single copy of the revocations 
to the Office of Policy, Center for Devices and Radiological Health, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 
5431, 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: Kim Sapsford-Medintz, Office of 
Product Evaluation and Quality, Center for Devices and Radiological 
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
66, Rm. 3216, Silver Spring, MD 20993-0002, 301-796-0311 (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, radiological, or nuclear agent or 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 December 13, 2022, 
FDA issued the Authorization to Life Technologies Corp. (a part of 
Thermo Fisher Scientific Inc.) for the TaqPath Monkeypox/Orthopox Virus 
DNA Kit, subject to the terms of the Authorization. Notice of the 
issuance of this Authorization was published in the Federal Register on 
January 11, 2023 (88 FR 1587), as required by section 564(h)(1) of the 
FD&C Act. On December 23, 2022, FDA issued the Authorization to Becton, 
Dickinson and Co. for the VIASURE Monkeypox virus Real Time PCR 
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 January 31, 2023 (88 FR 6262), 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. Authorizations Revocation Request

    In a request received by FDA on April 13, 2023, Life Technologies 
Corp. (a part of Thermo Fisher Scientific Inc.), requested the 
revocation of, and on April 18, 2023, FDA revoked, the Authorization 
for the Life Technologies Corp. (a part of Thermo Fisher Scientific 
Inc.)'s TaqPath Monkeypox/Orthopox Virus DNA Kit. Because Life 
Technologies Corp. (a part of Thermo Fisher Scientific Inc.), notified 
FDA that it is not commercially supporting the TaqPath Monkeypox/
Orthopox Virus DNA Kit and no kit reagents were distributed in the 
United States and requested FDA revoke the Life Technologies Corp. (a 
part of Thermo Fisher Scientific Inc.)'s TaqPath Monkeypox/Orthopox 
Virus DNA Kit, FDA has determined that it is appropriate to protect the 
public health or safety to revoke this Authorization.
    In a request received by FDA on May 22, 2023, Becton, Dickinson and 
Co., requested the withdrawal of, and on May 24, 2023, FDA revoked, the 
Authorization for the Becton, Dickinson and Co.'s VIASURE Monkeypox 
virus Real Time PCR Reagents for BD MAX System. Because Becton, 
Dickinson and Co., notified FDA that it is not commercially 
manufacturing the VIASURE Monkeypox virus Real Time PCR Reagents for BD 
MAX System and no reagents were distributed in the United States and 
requested FDA revoke the Becton, Dickinson and Co.'s VIASURE Monkeypox 
virus Real Time PCR Reagents for BD MAX System, 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 
Authorization under section 564(g)(2)(C) of the FD&C Act are met, FDA 
has revoked the EUA of Life Technologies Corp. (a part of Thermo Fisher 
Scientific Inc.)'s TaqPath Monkeypox/Orthopox Virus DNA Kit, and 
Becton, Dickinson and Co.'s VIASURE Monkeypox virus Real Time PCR 
Reagents for BD MAX System. The revocations in their entirety follow 
and provide an explanation of the reasons for revocations, as required 
by section 564(h)(1) of the FD&C Act.
BILLING CODE 4164-01-P

[[Page 69934]]

[GRAPHIC] [TIFF OMITTED] TN10OC23.020


[[Page 69935]]


[GRAPHIC] [TIFF OMITTED] TN10OC23.021


    Dated: October 4, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-22390 Filed 10-6-23; 8:45 am]
BILLING CODE 4164-01-C
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