81_FR_17229 81 FR 17170 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Diagnosis of Zika Virus Infection; Availability

81 FR 17170 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Diagnosis of Zika Virus Infection; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range17170-17180
FR Document2016-06888

The Food and Drug Administration (FDA) is announcing the issuance of an Emergency Use Authorization (EUA) (the Authorization) for an in vitro diagnostic device for diagnosis of Zika virus infection in response to the Zika virus outbreak in the Americas. FDA issued this Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as requested by the U.S. Centers for Disease Control and Prevention (CDC). The Authorization contains, among other things, conditions on the emergency use of the authorized in vitro diagnostic device. The Authorization follows the February 26, 2016, determination by the Department of Health and Human Services (HHS) Secretary that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of U.S. citizens living abroad and that involves Zika virus. On the basis of such determination, the HHS Secretary declared on February 26, 2016, that circumstances exist justifying the authorization of emergency use of in vitro diagnostic tests for detection of Zika virus and/or diagnosis of Zika virus infection subject to the terms of any authorization issued under the FD&C Act. The Authorization, which includes an explanation of the reasons for issuance, is reprinted in this document.

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016)
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17170-17180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06888]



[[Page 17170]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0969]


Authorization of Emergency Use of an In Vitro Diagnostic Device 
for Diagnosis of Zika Virus Infection; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
issuance of an Emergency Use Authorization (EUA) (the Authorization) 
for an in vitro diagnostic device for diagnosis of Zika virus infection 
in response to the Zika virus outbreak in the Americas. FDA issued this 
Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act), as requested by the U.S. Centers for Disease Control and 
Prevention (CDC). The Authorization contains, among other things, 
conditions on the emergency use of the authorized in vitro diagnostic 
device. The Authorization follows the February 26, 2016, determination 
by the Department of Health and Human Services (HHS) Secretary that 
there is a significant potential for a public health emergency that has 
a significant potential to affect national security or the health and 
security of U.S. citizens living abroad and that involves Zika virus. 
On the basis of such determination, the HHS Secretary declared on 
February 26, 2016, that circumstances exist justifying the 
authorization of emergency use of in vitro diagnostic tests for 
detection of Zika virus and/or diagnosis of Zika virus infection 
subject to the terms of any authorization issued under the FD&C Act. 
The Authorization, which includes an explanation of the reasons for 
issuance, is reprinted in this document.

DATES: The Authorization is effective as of February 26, 2016.

ADDRESSES: Submit written requests for single copies 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: Carmen Maher, Office of 
Counterterrorism and Emerging Threats, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 1, Rm. 4347, Silver Spring, MD 20993-
0002, 301-796-8510.

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. With this EUA authority, FDA can 
help assure 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.
    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 of attack with a biological, chemical, 
radiological, or nuclear agent or agents; (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 under 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. 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 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), or 515 of the FD&C Act (21 U.S.C. 355, 360(k), 
and 360e) or section 351 of the PHS Act (42 U.S.C. 262). 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 CDC (to the extent feasible and 
appropriate given the applicable circumstances), FDA \1\ 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

[[Page 17171]]

applicable; (3) that there is no adequate, approved, and available 
alternative to the product for diagnosing, preventing, or treating such 
disease or condition; and (4) that such other criteria as may be 
prescribed by regulation are satisfied.
---------------------------------------------------------------------------

    \1\ 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. Because the statute is self-
executing, regulations or guidance are not required for FDA to 
implement the EUA authority.

II. EUA Request for an In Vitro Diagnostic Device for Diagnosis of Zika 
Virus Infection

    On February 26, 2016, the Secretary of HHS determined that there is 
a significant potential for a public health emergency that has a 
significant potential to affect national security or the health and 
security of U.S. citizens living abroad and that involves Zika virus. 
On February 26, 2016, under section 564(b)(1) of the FD&C Act, and on 
the basis of such determination, the Secretary of HHS declared that 
circumstances exist justifying the authorization of emergency use of in 
vitro diagnostic tests for detection of Zika virus and/or diagnosis of 
Zika virus infection, subject to the terms of any authorization issued 
under section 564 of the FD&C Act. Notice of the determination and 
declaration of the Secretary was published in the Federal Register on 
March 2, 2016 (81 FR 10878). On February 22, 2016, CDC requested, and 
on February 26, 2016, FDA issued, an EUA for the CDC Zika 
Immunoglobulin M (IgM) Antibody Capture Enzyme-Linked Immunosorbent 
Assay (Zika MAC-ELISA), subject to the terms of the Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the 
Authorization are available on the Internet at http://www.regulations.gov.

IV. The Authorization

    Having concluded that the criteria for issuance of the 
Authorization under section 564(c) of the FD&C Act are met, FDA has 
authorized the emergency use of an in vitro diagnostic device for 
diagnosis of Zika virus infection subject to the terms of the 
Authorization. The Authorization in its entirety (not including the 
authorized versions of the fact sheets and other written materials) 
follows and provides an explanation of the reasons for its issuance, as 
required by section 564(h)(1) of the FD&C Act:
BILLING CODE 4164-01-P

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BILLING CODE 4164-01-C

    Dated: March 22, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-06888 Filed 3-25-16; 8:45 am]
 BILLING CODE 4164-01-P



                                             17170                         Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices

                                             DEPARTMENT OF HEALTH AND                                FOR FURTHER INFORMATION CONTACT:                      247d–6b) sufficient to affect national
                                             HUMAN SERVICES                                          Carmen Maher, Office of                               security or the health and security of
                                                                                                     Counterterrorism and Emerging Threats,                U.S. citizens living abroad.
                                             Food and Drug Administration                            Food and Drug Administration, 10903                      Once the Secretary of HHS has
                                                                                                     New Hampshire Ave., Bldg. 1, Rm.                      declared that circumstances exist
                                             [Docket No. FDA–2016–N–0969]                            4347, Silver Spring, MD 20993–0002,                   justifying an authorization under
                                                                                                     301–796–8510.                                         section 564 of the FD&C Act, FDA may
                                             Authorization of Emergency Use of an                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                           authorize the emergency use of a drug,
                                             In Vitro Diagnostic Device for                                                                                device, or biological product if the
                                             Diagnosis of Zika Virus Infection;                      I. Background                                         Agency concludes that the statutory
                                             Availability                                               Section 564 of the FD&C Act (21                    criteria are satisfied. Under section
                                                                                                     U.S.C. 360bbb–3) as amended by the                    564(h)(1) of the FD&C Act, FDA is
                                             AGENCY:    Food and Drug Administration,                                                                      required to publish in the Federal
                                             HHS.                                                    Project BioShield Act of 2004 (Pub. L.
                                                                                                     108–276) and the Pandemic and All-                    Register a notice of each authorization,
                                             ACTION:   Notice.                                       Hazards Preparedness Reauthorization                  and each termination or revocation of an
                                                                                                     Act of 2013 (Pub. L. 113–5) allows FDA                authorization, and an explanation of the
                                             SUMMARY:   The Food and Drug                                                                                  reasons for the action. Section 564 of the
                                             Administration (FDA) is announcing the                  to strengthen the public health
                                                                                                     protections against biological, chemical,             FD&C Act permits FDA to authorize the
                                             issuance of an Emergency Use                                                                                  introduction into interstate commerce of
                                             Authorization (EUA) (the Authorization)                 nuclear, and radiological agents. Among
                                                                                                     other things, section 564 of the FD&C                 a drug, device, or biological product
                                             for an in vitro diagnostic device for                                                                         intended for use when the Secretary of
                                             diagnosis of Zika virus infection in                    Act allows FDA to authorize the use of
                                                                                                                                                           HHS has declared that circumstances
                                             response to the Zika virus outbreak in                  an unapproved medical product or an
                                                                                                                                                           exist justifying the authorization of
                                             the Americas. FDA issued this                           unapproved use of an approved medical
                                                                                                                                                           emergency use. Products appropriate for
                                             Authorization under the Federal Food,                   product in certain situations. With this
                                                                                                                                                           emergency use may include products
                                             Drug, and Cosmetic Act (the FD&C Act),                  EUA authority, FDA can help assure
                                                                                                                                                           and uses that are not approved, cleared,
                                             as requested by the U.S. Centers for                    that medical countermeasures may be
                                                                                                                                                           or licensed under sections 505, 510(k),
                                             Disease Control and Prevention (CDC).                   used in emergencies to diagnose, treat,
                                                                                                                                                           or 515 of the FD&C Act (21 U.S.C. 355,
                                             The Authorization contains, among                       or prevent serious or life-threatening
                                                                                                                                                           360(k), and 360e) or section 351 of the
                                             other things, conditions on the                         diseases or conditions caused by
                                                                                                                                                           PHS Act (42 U.S.C. 262). FDA may issue
                                             emergency use of the authorized in vitro                biological, chemical, nuclear, or
                                                                                                                                                           an EUA only if, after consultation with
                                             diagnostic device. The Authorization                    radiological agents; when there are no
                                                                                                                                                           the HHS Assistant Secretary for
                                             follows the February 26, 2016,                          adequate, approved, and available
                                                                                                                                                           Preparedness and Response, the
                                             determination by the Department of                      alternatives.
                                                                                                                                                           Director of the National Institutes of
                                             Health and Human Services (HHS)                            Section 564(b)(1) of the FD&C Act                  Health, and the Director of the CDC (to
                                             Secretary that there is a significant                   provides that, before an EUA may be                   the extent feasible and appropriate
                                             potential for a public health emergency                 issued, the Secretary of HHS must                     given the applicable circumstances),
                                             that has a significant potential to affect              declare that circumstances exist                      FDA 1 concludes: (1) That an agent
                                             national security or the health and                     justifying the authorization based on
                                                                                                                                                           referred to in a declaration of emergency
                                             security of U.S. citizens living abroad                 one of the following grounds: (1) A
                                                                                                                                                           or threat can cause a serious or life-
                                             and that involves Zika virus. On the                    determination by the Secretary of
                                                                                                                                                           threatening disease or condition; (2)
                                             basis of such determination, the HHS                    Homeland Security that there is a
                                                                                                                                                           that, based on the totality of scientific
                                             Secretary declared on February 26,                      domestic emergency, or a significant
                                                                                                                                                           evidence available to FDA, including
                                             2016, that circumstances exist justifying               potential for a domestic emergency,
                                                                                                                                                           data from adequate and well-controlled
                                             the authorization of emergency use of in                involving a heightened risk of attack
                                                                                                                                                           clinical trials, if available, it is
                                             vitro diagnostic tests for detection of                 with a biological, chemical, radiological,
                                                                                                                                                           reasonable to believe that: (A) The
                                             Zika virus and/or diagnosis of Zika                     or nuclear agent or agents; (2) a
                                                                                                                                                           product may be effective in diagnosing,
                                             virus infection subject to the terms of                 determination by the Secretary of
                                                                                                                                                           treating, or preventing (i) such disease
                                             any authorization issued under the                      Defense that there is a military
                                                                                                                                                           or condition; or (ii) a serious or life-
                                             FD&C Act. The Authorization, which                      emergency, or a significant potential for
                                                                                                                                                           threatening disease or condition caused
                                             includes an explanation of the reasons                  a military emergency, involving a
                                                                                                                                                           by a product authorized under section
                                             for issuance, is reprinted in this                      heightened risk to U.S. military forces of
                                                                                                                                                           564, approved or cleared under the
                                             document.                                               attack with a biological, chemical,
                                                                                                                                                           FD&C Act, or licensed under section 351
                                                                                                     radiological, or nuclear agent or agents;
                                             DATES:  The Authorization is effective as                                                                     of the PHS Act, for diagnosing, treating,
                                                                                                     (3) a determination by the Secretary of
                                             of February 26, 2016.                                                                                         or preventing such a disease or
                                                                                                     HHS that there is a public health
                                                                                                                                                           condition caused by such an agent; and
                                             ADDRESSES: Submit written requests for                  emergency, or a significant potential for
                                                                                                                                                           (B) the known and potential benefits of
                                             single copies of the EUA to the Office                  a public health emergency, that affects,
                                                                                                                                                           the product, when used to diagnose,
                                             of Counterterrorism and Emerging                        or has a significant potential to affect,
                                                                                                                                                           prevent, or treat such disease or
                                             Threats, Food and Drug Administration,                  national security or the health and
                                                                                                                                                           condition, outweigh the known and
                                             10903 New Hampshire Ave., Bldg. 1,                      security of U.S. citizens living abroad,
                                                                                                                                                           potential risks of the product, taking
                                             Rm. 4338, Silver Spring, MD 20993–                      and that involves a biological, chemical,
                                                                                                                                                           into consideration the material threat
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                                             0002. Send one self-addressed adhesive                  radiological, or nuclear agent or agents,
                                                                                                                                                           posed by the agent or agents identified
                                             label to assist that office in processing               or a disease or condition that may be
                                                                                                                                                           in a declaration under section
                                             your request or include a fax number to                 attributable to such agent or agents; or
                                                                                                                                                           564(b)(1)(D) of the FD&C Act, if
                                             which the Authorization may be sent.                    (4) the identification of a material threat
                                             See the SUPPLEMENTARY INFORMATION                       by the Secretary of Homeland Security                   1 The Secretary of HHS has delegated the
                                             section for electronic access to the                    under section 319F–2 of the Public                    authority to issue an EUA under section 564 of the
                                             Authorization.                                          Health Service (PHS) Act (42 U.S.C.                   FD&C Act to the Commissioner of Food and Drugs.



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                                                                           Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices                                             17171

                                             applicable; (3) that there is no adequate,              living abroad and that involves Zika                  III. Electronic Access
                                             approved, and available alternative to                  virus. On February 26, 2016, under
                                             the product for diagnosing, preventing,                 section 564(b)(1) of the FD&C Act, and                  An electronic version of this
                                             or treating such disease or condition;                  on the basis of such determination, the               document and the full text of the
                                             and (4) that such other criteria as may                 Secretary of HHS declared that                        Authorization are available on the
                                             be prescribed by regulation are satisfied.              circumstances exist justifying the                    Internet at http://www.regulations.gov.
                                               No other criteria for issuance have                   authorization of emergency use of in
                                             been prescribed by regulation under                                                                           IV. The Authorization
                                                                                                     vitro diagnostic tests for detection of
                                             section 564(c)(4) of the FD&C Act.                      Zika virus and/or diagnosis of Zika                      Having concluded that the criteria for
                                             Because the statute is self-executing,                  virus infection, subject to the terms of              issuance of the Authorization under
                                             regulations or guidance are not required                                                                      section 564(c) of the FD&C Act are met,
                                                                                                     any authorization issued under section
                                             for FDA to implement the EUA                                                                                  FDA has authorized the emergency use
                                                                                                     564 of the FD&C Act. Notice of the
                                             authority.
                                                                                                     determination and declaration of the                  of an in vitro diagnostic device for
                                             II. EUA Request for an In Vitro                         Secretary was published in the Federal                diagnosis of Zika virus infection subject
                                             Diagnostic Device for Diagnosis of Zika                 Register on March 2, 2016 (81 FR                      to the terms of the Authorization. The
                                             Virus Infection                                         10878). On February 22, 2016, CDC                     Authorization in its entirety (not
                                                On February 26, 2016, the Secretary of               requested, and on February 26, 2016,                  including the authorized versions of the
                                             HHS determined that there is a                          FDA issued, an EUA for the CDC Zika                   fact sheets and other written materials)
                                             significant potential for a public health               Immunoglobulin M (IgM) Antibody                       follows and provides an explanation of
                                             emergency that has a significant                        Capture Enzyme-Linked Immunosorbent                   the reasons for its issuance, as required
                                             potential to affect national security or                Assay (Zika MAC–ELISA), subject to the                by section 564(h)(1) of the FD&C Act:
                                             the health and security of U.S. citizens                terms of the Authorization.                           BILLING CODE 4164–01–P
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     DEFPARTMENT OF HEALTH & HUMAN SERVICES


                                                                                                     Food and Drug Administration
                                                                                                     Silver Spring, MD 20993



                                                         February 26, 2016


  Thomas R. Frieden, M.D., M.P.H.
  Director
  Centers for Disease Control and Prevention
  1600 Clifion Rd, MS D—14
  Atlanta, GA 30333

  Dear Dr. Frieden:

  This letteris in responise to your request that the Food and Drug Administration (FDA) tssue
  an Emergency Use Authorization (EUA) for emergency use ofthe Centers for Disease Control
  and Prevention‘s (CDC) Zika Immunoglobutin M (IgM) Antibody Capture Enzyme—Linked
  imimunosorbent Assay (Zika MAC—ELISA) for the presumptive detection of Zika virus—
  specific IgM in human sera or cerebrospinal fluid (CSF) that is submitted alongside a patient—
  matched serum specimen from individuals meeting CDC Zika virus elinical criteria (e.g., a
  history of clinical signs and symptoms associated with Zika virus infection) and/or CDC Zika
  virus epidemiological criteria (e.g., recent historyof travel to geographic regions during a
  period ofactive Zika virus transmissions at the time oftravel, or other epidemiolagic criteria
  for which Zika virus testing may be indicated as part of a public health response), by qualified
  laboratories designated by CDC and, in the United States, certified under the Climcal
 Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. §2634, to perform high
 complexity tests,‘ pursuant to section 564 of the Federal Food, Drug, and Cosmetic Aet (the
 Act) (21 ULS.C. §360bbb—3). Where there are positive or equivocal results from the Zika
 MAC—ELISA, confirmation ofthe presence of anti—Zika IgM antibodies requires additional
 testing by CDC, or byauthorized faboratories in consultation with CDC, using the CDC—ssued
 algorithm.

 On February 26, 2016, pursuant to section 564(b)(1)(C) of the Act (21 U.S.C. § 360bbb—
 3(b)(1)(C), the Secretary of Health and Human Services (HHS) determined that there is a
 significant potential for a public health emergency that has a significant potential to affect
 national security or the health and security of United States citizens living abroad and that
 involves Zika virus." Pursuant to section 364(b)(1) of the Act (21 U.S.C. § 360bbb—3(b)(1}).
 and on the basis of such determination, the Secretary of HHS then declared that circumstances
           o ut
 exist justifying the authorization of the emergency use ofin vitro diagnostic tests for detection

‘For ease of reference, this letter will refer to *qualified laboratories designated by CDC and, in the United States,
certified under the Clinical Laboratory tmprovement Amendments of 1988 (CLIA), 42 U.S.C, § 2632, to
                                                                                                    perform
high complexity tests" as "authorized laboratories."
* As amended by the Pandemic and All Hazards Preparedness Reauthorization Act, Pub. L. No. 113—4, under section
564(b)(1)(C) of the Act, the Secretary may make a determination ofa public health emergency; or of a significant
potential for a public health emergency.


                                                                             Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices                           17173




                                                                        I. Criteria for Issuance of Authorization




                                                                             L




                                                                                                                                                    to



                                                                        H.          of Authorization
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                                             17174                         Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices




                                                                         The Authorized Zika MAC·ELISA
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                                                                           Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices                             17175

                                                                                        Dr. Frieden .




                                                                                    •




                                                                                         ELISA.




                                                                           The Zika
                                                                           in



                                                                                   ..
                                                                                   ..
                                                                                   •
                                                                                   .




                                                                                   ..
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Page 5 —Dr. Frieden, Centers for Discase Control and Prevention


       *   Fact Sheet for Pregnant Women: Understanding Results fromthe Zika MAC—ELISA

       a   Fact Sheet for Patients: Understanding Results from the Zika MAC—ELISA

 As described in Section IV below, CDC is also authorized to make available additional
 information relating to the emergency use of the authorized Zika MAC—ELISA that is
 consistent with, and does not exceed, the terms of this lettor of authorization.

I have concluded, pursuant to section 564(d)(2) ofthe Act, that it is reasonable to believe that
the known and potential benefits ofthe authorized Zika MAC—ELISA in the specified
population, when used for presumptive detection of Zika virus—specific IgM antibodies and
used consistently with the Scope of Authorization ofthis letter (Section H}, outweigh the
known and potential risks of such a product.

 I have concluded, pursuant to section 564(d)(3) ofthe Act, based on the totality of scientific
evidence —available to FDA, that it is reasonable to believe that the authorized Zika MAC—
ELISA may be effective in the diagnosis of Zika virus infection, when used consistently with
the Scope of Authorization of this letter (Section I), pursuant to section 564(¢)(2)(A) ofthe
Act.

FDA has reviewed the scientific information available to FDA, including the information
supporting the conclusions described in Section T above, and concludes that the authorized
Zika MAC—ELISA, when used to diagnose Zika virus infection in the specified population
(as described in the Scope of Authorization of this letter (Section II}}, meets the criteria set
forth in section 564(c) ofthe Act concerning safety and potential effectiveness.

The emmergency use ofthe authorized Zika MAC—ELISA under this EUA must be consistent
with, and may not exceed, the terms of this letter, including the Scope of Authorization
(Section I1) and the Conditions of Authorization (Section IV). Subject to the terms ofthis EUA
and under the circumstances set forth in the Secretary of HHS‘s determination described above
and the Secretary of HHS‘s corresponding declaration under section 564(b)(1), the Zika MAC—
ELISA described above is authorized to diagnose Zika virus infection in individuals meeti ng
CDC Zika virus clinical criteria (e.g., a history of clinical signs and symptoms associated with
Zika virus infection) and/or CDC Zika virus epidemiclogical criteria {e.g., recent history of
travel to geographic regions during a period of active Zika virus transmissions at the time of
travel, or other epidemiologic criteria for which Zika virus testing may be indicated as part of a
public health response).

This EUA will cease to be effective when the HHS declaration that cireumstances exist to
justify the EUA is termingted under section 564(b)(2) ofthe Act or when the EUA is revoked
under section 564(g) of the Act.

IIL Waiver of Certain Requirements

I am waiving the following requirements for the Zika MAC—ELISA duriny the duration of
this EUA:


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                                                                         IV. Conditions of Authorization




                                                                         Centers for Disease Control and Prevention




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                                                                                   G.

                                                                                   H.




                                                                                   M.



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                                                                                   8 Dr.




                                                                           CDC and Authorized Laboratories

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                                             BILLING CODE 4164–01–C                                  Applications Management (RB56) and                    management of IT budget formulation
                                               Dated: March 22, 2016.                                replace in their entirety.                            and execution; (2) serves as the focal
                                             Leslie Kux,                                               This notice reflects organizational                 point to OIT’s contracts; (3) provides
                                             Associate Commissioner for Policy.                      changes in the Health Resources and                   centralized procurement services for the
                                             [FR Doc. 2016–06888 Filed 3–25–16; 8:45 am]             Services Administration (HRSA), Office                Office of Information Technology; and
                                             BILLING CODE 4164–01–P
                                                                                                     of Operations (RB), Office of                         (4) serves as the coordinator for OIT’s
                                                                                                     Information Technology (RB5).                         Inter-agency and Service Level
                                                                                                     Specifically, this notice: (1) Updates the            Agreements.
                                             DEPARTMENT OF HEALTH AND                                functional statement for the Office of the            Chief Information Security Officer
                                             HUMAN SERVICES                                          Director (RB5); and (2) updates the
                                                                                                     functional statement for the Division of                The Chief Information Security
                                             Health Resources and Services                           Enterprise Solutions and Applications                 Officer, reporting to the Chief
                                             Administration                                          Management (RB56) within the Office of                Information Officer, provides leadership
                                                                                                     Information Technology (RB5).                         for and collaborates with Agency staff to
                                             Statement of Organization, Functions                                                                          oversee the implementation of security
                                             and Delegations of Authority                            Office of the Director and Chief
                                                                                                                                                           and privacy policy in the management
                                                                                                     Information Officer (RB5)
                                                                                                                                                           of their IT systems, and plans all
                                               This notice amends Part R of the
                                                                                                        The Office of Information Technology               activities associated with the Federal
                                             Statement of Organization, Functions
                                                                                                     is responsible for the organization,                  Information Security Management Act
                                             and Delegations of Authority of the
                                                                                                     management, and administrative                        or other Agency security and privacy
                                             Department of Health and Human
                                                                                                     functions necessary to carry out                      initiatives including: (1) Implements,
                                             Services (HHS), Health Resources and
                                                                                                     responsibilities including: (1)                       coordinates, and administers security
                                             Services Administration (HRSA) (60 FR
                                                                                                     Architects, deploys, and supports IT                  and privacy programs to protect the
                                             56605, as amended November 6, 1995;
                                                                                                     infrastructure; (2) provides IT end user              information resources of HRSA in
                                             as last amended at 81 FR 10874–10875
                                                                                                     support; (3) develops enterprise and                  compliance with legislation, Executive
                                             dated March 2, 2016).
                                               This notice reflects organizational                   custom applications; (4) provides                     Orders, directives of the Office of
                                             changes in the Health Resources and                     investment control, budget formulation                Management and Budget, or other
                                             Services Administration (HRSA), Office                  and execution, policy development,                    mandated requirements; (2) executes the
                                             of Operations (RB), Office of                           strategic and tactical planning, and                  Agency’s Risk Management Program,
                                             Information Technology (RB5).                           performance monitoring; (5) provides                  and evaluates and assists with the
                                             Specifically, this notice: (1) Updates the              leadership in the development, review,                implementation of safeguards to protect
                                             functional statement for the Office of the              and implementation of policies and                    major information systems and IT
                                             Director, Office of Information                         procedures to promote improved                        infrastructure; and (3) manages the
                                             Technology (RB5); and (2) updates the                   information technology (IT)                           development, implementation, and
                                             functional statement for the Division of                management capabilities and best                      evaluation of HRSA’s information
                                             Enterprise Solutions and Applications                   practices throughout HRSA; (6)                        technology security and privacy training
                                             Management (RB56) within the Office of                  coordinates IT workforce issues and                   programs to meet requirements
                                             Information Technology (RB5).                           works closely with the Office of                      mandated by the Office of Management
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                                                                                                     Administrative Services on IT                         and Budget.
                                             Chapter RB5—Office of Information                       recruitment and training issues; and (7)
                                             Technology                                                                                                    Division of Enterprise Solutions and
                                                                                                     oversees HRSA security operations and
                                                                                                                                                           Applications Management (RB56)
                                               Section RQ–20, Function                               management program.
                                               Delete the functional statement for the                  The Office of the Director is also                   The Division of Enterprise Solutions
                                             Office of the Director (RB5) and for the                responsible for the IT business function              and Applications Management
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                                             Division of Enterprise Solutions and                    including: (1) Provides oversight and                 (DESAM) develops the HRSA grants


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Document Created: 2016-03-26 00:13:35
Document Modified: 2016-03-26 00:13:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe Authorization is effective as of February 26, 2016.
ContactCarmen Maher, Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4347, Silver Spring, MD 20993- 0002, 301-796-8510.
FR Citation81 FR 17170 

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