Revocation of Authorization of Emergency Use of In Vitro Diagnostic Device for Detection and/or Diagnosis of COVID-19; Availability, 60435-60436 [2024-16345]

Download as PDF Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Notices receive comments on the draft guidance. The guidance announced in this notice finalizes the draft guidance dated July 2022. This level 1 guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on ‘‘Impurities: Residual Solvents in New Veterinary Medicinal Products, Active Substances and Excipients (Revision 2).’’ It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. The previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3521). The collections of information in section 512(n)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(n)(1)) have been approved under OMB control number 0910–0669; the collections of information in 21 CFR part 514 have been approved under OMB control number 0910–0032. III. Electronic Access Persons with access to the internet may obtain an electronic version of the draft guidance at https://www.fda.gov/ animal-veterinary/guidance-regulations/ guidance-industry, https://www.fda.gov/ regulatory-information/search-fdaguidance-documents, or https:// www.regulations.gov. Dated: July 22, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024–16408 Filed 7–24–24; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration ddrumheller on DSK120RN23PROD with NOTICES1 [Docket No. FDA–2022–N–0150] Revocation of Authorization of Emergency Use of In Vitro Diagnostic Device for Detection and/or Diagnosis of COVID–19; Availability AGENCY: Food and Drug Administration, HHS. VerDate Sep<11>2014 19:41 Jul 24, 2024 Jkt 262001 ACTION: Notice. The Food and Drug Administration (FDA) is announcing the revocation of the Emergency Use Authorization (EUA) (the Authorization) issued to Mesa Biotech Inc., (a legal entity of Thermo Fisher Scientific), for the Accula SARS–CoV–2 Test. FDA revoked the Authorization under the Federal Food, Drug, and Cosmetic Act (FD&C Act) as requested by the Authorization holder. The revocation, which includes an explanation of the reasons for revocation, is reprinted at the end of this document. DATES: The revocation of the Authorization for the Mesa Biotech Inc.’s Accula SARS–CoV–2 Test is effective as of May 22, 2024. ADDRESSES: Submit written requests for a single copy of the revocation 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 revocation may be sent. See the SUPPLEMENTARY INFORMATION section for electronic access to the revocation. 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: SUMMARY: 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 March 23, 2020, FDA issued the Authorization to Mesa Biotech Inc. (a legal entity of Thermo Fisher Scientific), for the Accula SARS–CoV–2 Test, subject to the terms of the Authorization. Notice of the issuance of PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 60435 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. Subsequent updates to the Authorization 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. Authorization Revocation Request In a request received by FDA on May 15, 2024, Mesa Biotech Inc. (a legal entity of Thermo Fisher Scientific), made by Thermo Fisher Scientific, Inc. on behalf of Mesa Biotech Inc., requested the revocation of, and on May 22, 2024, FDA revoked, the Authorization for the Mesa Biotech Inc.’s Accula SARS–CoV–2 Test. Because Mesa Biotech Inc., notified FDA that they discontinued the commercialization of the Accula SARS– CoV–2 Test and requested FDA revoke Mesa Biotech Inc.’s Accula SARS–CoV– 2 Test, 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 Revocation 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 Mesa Biotech Inc.’s Accula SARS–CoV–2 Test. The revocation in its entirety follows and provide an explanation of the reasons for revocation, as required by section 564(h)(1) of the FD&C Act. E:\FR\FM\25JYN1.SGM 25JYN1 60436 Federal Register / Vol. 89, No. 143 / Thursday, July 25, 2024 / Notices May 22, .2024 Anita 1:'argqsz: Senior Director, Quality Tltemto FisherSoientific 5823 Newton Drive Carlsbad, CA. 9200~ Re: Revocation ofEUA200028 Dear Anita Targosz: This letter is in responsdo the request from Mesa BiotechJnc. (a legal entity of Thermo Fisher Scientific), made by Thenno FisherSoierttific, Inc. Otlbebalfof MesaBiotech Inc. in a letter dated MayJ5, 2024, thatthe Food and Drug Administration (FDA) revoke the EUA for the AoculaS,'\R~CqV,2Testissued on Mm;h 23, 2020, amended on ApriJ3(), 2020:attdAugust3Q, 2020; reissued on January 7,. 2021, amended on February 3,2021 and September 23; 2021, and reissued on Mar 16,. 2022, August 17,.2022 and March 15, 2023. Thermo Fisher Scientific Inc. indicated thatthethave discontinued commercializaticm and support ofthe authoriZed product lUld reqµestedthat the EUA be rev.9ked: FDA understands that as of the date of this letter there are no viableAccul& SARS-CoV-2 Test reage11tsremilining in distribution.in the UnitedStates, ns. The authorization lifa devit:efotemergency use under section SIM◊fthe Federal Fodd, btug, and C9smetic Act (the.Act) (21 U:s. C, 360bl:>b03) may~ pun;uant fo section S64(g)(2) of the Act, be revokedwhencircum,sfmlces )llaj(e such revocation 1tpproptiatetoptote~the public, health, or safety (section564(gX2)(C)oftheAct), BecauseMesa:Siotech fno., through Thernto Fisher Scientific,Jnc.,..has requested that FDA.revoke the EUA for theAccula SARS•CoV-2 Test, FDA has de:tel'!llined.that: it is ¥fitopriate tq protect the public health.or safety to revoke this authorization. Acc-ordingly, FD.1\herebyr¢vokes EUA200Q28 furtlie A9cul• SARS°CoV~'4'l'est, pursuanito·section564(gX2).(C) oftheAct. As of the date ofthis letter, the Acoula SARS~CoV~2 Test is no longlalrauthorizedforernergencyuse by FDA. Nqtice ofthisrevocati9n willbe published intheJtMeral.Regt:ster,. pursuant to section 564(h)(l) ofthe.Acl sliicerefy, !Isl/ Dated: July 18, 2024. Lauren K. Roth, Associate Commissioner for Policy. Notice; establishment of a public docket; request for information and comments. ACTION: [FR Doc. 2024–16345 Filed 7–24–24; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration ddrumheller on DSK120RN23PROD with NOTICES1 [Docket No. FDA–2024–N–2980] Evaluating the Immunogenicity Risk of Host Cell Proteins in Follow-On Recombinant Peptide Products; Establishment of a Public Docket; Request for Information and Comments AGENCY: Food and Drug Administration, HHS. VerDate Sep<11>2014 19:41 Jul 24, 2024 Jkt 262001 The Food and Drug Administration (FDA or Agency) is establishing a public docket to collect information and comments on evaluating and mitigating the immunogenicity risk of host cell proteins (HCPs). For the purpose of this request, FDA is specifically interested in comments on suitable methods to detect, identify, and quantify HCPs, on achievable residual amounts of HCPs for recombinant peptide products, and on the use of in vitro, in silico immunogenicity assessment (IVISIA) of HCPs in a recombinant peptide (rPeptide) product. For the purpose of this request, a ‘‘follow-on’’ peptide product refers to the applications SUMMARY: BILLING CODE 4161–01–P PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 currently evaluated through the 505(b)(2) pathway. Although follow-on recombinant peptide products can rely on FDA’s findings of safety and effectiveness for a listed drug that is a peptide product, differences in recombinant expression systems used during the peptide production could result in quality attribute differences, including in the HCP profile, which in turn, could contribute to differences in immunogenicity risks between a followon recombinant peptide product and the listed drug. The public comments collected will help FDA develop recommendations on how HCP control and characterization can support comparative immunogenicity risk assessment between a recombinant follow-on peptide and the listed product. E:\FR\FM\25JYN1.SGM 25JYN1 EN25JY24.001</GPH> 1effi-eyE. Shuren, M.D., J.D. Director center for Devices andRadiofogical Health Food and Drug Administration

Agencies

[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Notices]
[Pages 60435-60436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16345]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0150]


Revocation of Authorization of Emergency Use of In Vitro 
Diagnostic Device 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 Authorization (EUA) (the Authorization) 
issued to Mesa Biotech Inc., (a legal entity of Thermo Fisher 
Scientific), for the Accula SARS-CoV-2 Test. FDA revoked the 
Authorization under the Federal Food, Drug, and Cosmetic Act (FD&C Act) 
as requested by the Authorization holder. The revocation, which 
includes an explanation of the reasons for revocation, is reprinted at 
the end of this document.

DATES: The revocation of the Authorization for the Mesa Biotech Inc.'s 
Accula SARS-CoV-2 Test is effective as of May 22, 2024.

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

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 March 23, 2020, FDA issued the Authorization to Mesa Biotech 
Inc. (a legal entity of Thermo Fisher Scientific), for the Accula SARS-
CoV-2 Test, 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.
    Subsequent updates to the Authorization 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. Authorization Revocation Request

    In a request received by FDA on May 15, 2024, Mesa Biotech Inc. (a 
legal entity of Thermo Fisher Scientific), made by Thermo Fisher 
Scientific, Inc. on behalf of Mesa Biotech Inc., requested the 
revocation of, and on May 22, 2024, FDA revoked, the Authorization for 
the Mesa Biotech Inc.'s Accula SARS-CoV-2 Test. Because Mesa Biotech 
Inc., notified FDA that they discontinued the commercialization of the 
Accula SARS-CoV-2 Test and requested FDA revoke Mesa Biotech Inc.'s 
Accula SARS-CoV-2 Test, 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 Revocation

    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 Mesa Biotech Inc.'s Accula SARS-CoV-2 Test. The 
revocation in its entirety follows and provide an explanation of the 
reasons for revocation, as required by section 564(h)(1) of the FD&C 
Act.

[[Page 60436]]

[GRAPHIC] [TIFF OMITTED] TN25JY24.001


    Dated: July 18, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-16345 Filed 7-24-24; 8:45 am]
BILLING CODE 4161-01-P
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