81_FR_93066 81 FR 92822 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Zika Virus; Availability

81 FR 92822 - Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection of Zika Virus; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92822-92832
FR Document2016-30532

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 detection of the Zika virus 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 Abbott Molecular, Inc. 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 Secretary of Health and Human Services (HHS) 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 Secretary of HHS 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 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92822-92832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30532]


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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 Detection of Zika Virus; 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 detection of the Zika virus 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 Abbott Molecular, Inc. 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 Secretary of Health and Human 
Services (HHS) 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 
Secretary of HHS 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 November 21, 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 (this is not a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the 
Project BioShield Act of 2004 (Pub L. 108-276) and the Pandemic and 
All-Hazards Preparedness Reauthorization Act of 2013 (Pub L. 113-5) 
allows FDA to strengthen the public health protections against 
biological, chemical, nuclear, and radiological agents. Among other 
things, section 564 of the FD&C Act allows FDA to authorize the use of 
an unapproved medical product or an unapproved use of an approved 
medical product in certain situations. 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

[[Page 92823]]

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 Centers for Disease Control and 
Prevention (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 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 Detection of the 
Zika Virus

    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 November 9, 2016, Abbott Molecular, 
Inc. requested, and on November 21, 2016, FDA issued, an EUA for the 
Abbott Real Time ZIKA assay, 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 https://
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 
detection of Zika virus 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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    Dated: December 14, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-30532 Filed 12-19-16; 8:45 am]
BILLING CODE 4164-01-C



                                                  92822                                Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                      Application No.                                                                                    Drug

                                                  065102     .......................   Amoxicillin and Clavulanate Potassium Tablets USP, 875 mg/EQ 125 mg base.
                                                  065109     .......................   Amoxicillin and Clavulanate Potassium Tablets USP, 500 mg/EQ 125 mg base.
                                                  065113     .......................   Amoxicillin for Oral Suspension USP, 200 mg/5 mL and 400 mg/5 mL.
                                                  065115     .......................   Cefadroxil for Oral Suspension USP, EQ 125 mg base/5 mL, EQ 250 mg base/5 mL, and EQ 500 mg base/5 mL.
                                                  065118     .......................   Cefuroxime Axetil Tablets USP, EQ 125 mg base, EQ 250 mg base, and EQ 500 mg base.
                                                  065132     .......................   Amoxicillin and Clavulanate Potassium for Oral Suspension USP, 200 mg/EQ 28.5 mg base per 5 mL and 400 mg/EQ
                                                                                         57 mg base per 5 mL.
                                                  065161 .......................       Amoxicillin and Clavulanate Potassium Tablets USP (Chewable), 200 mg/EQ 28.5 mg base and 400 mg/EQ 57 mg
                                                                                         base.
                                                  065207     .......................   Amoxicillin and Clavulanate Potassium for Oral Suspension USP, 600 mg/EQ 42.9 mg base per 5 mL.
                                                  065323     .......................   Cefuroxime Axetil for Oral Suspension USP, EQ 125 mg base/5 mL and EQ 250 mg base/5 mL.
                                                  074975     .......................   Acyclovir Capsules USP, 200 mg.
                                                  074980     .......................   Acyclovir Tablets USP, 400 mg and 800 mg.
                                                  075132     .......................   Ranitidine Tablets USP, EQ 75 mg base.
                                                  075439     .......................   Ranitidine Tablets USP, EQ 150 mg base and EQ 300 mg base.
                                                  076041     .......................   Sotret (isotretinoin) Capsules USP, 10 mg, 20 mg, and 40 mg.
                                                  076285     .......................   Simvastatin Tablets USP, 5 mg, 10 mg, 20 mg, 40 mg, and 80 mg.
                                                  076332     .......................   Fluconazole for Oral Suspension, 10 mg/mL and 40 mg/mL.
                                                  076409     .......................   Nefazodone Hydrochloride Tablets USP, 50 mg, 100 mg, 150 mg, 200 mg, and 250 mg.
                                                  076503     .......................   Sotret (isotretinoin) Capsules USP, 30 mg.
                                                  076606     .......................   Gabapentin Capsules USP, 100 mg, 300 mg, and 400 mg.
                                                  076739     .......................   Fosinopril Sodium and Hydrochlorothiazide Tablets USP, 10 mg/12.5 mg and 20 mg/12.5 mg.



                                                     Therefore, under section 505(e) of the                     emergency use of the authorized in vitro               4347, Silver Spring, MD 20993–0002,
                                                  Federal Food, Drug, and Cosmetic Act                          diagnostic device. The Authorization                   301–796–8510 (this is not a toll free
                                                  (21 U.S.C. 355(e)) and under authority                        follows the February 26, 2016,                         number).
                                                  delegated to the Director, Center for                         determination by the Secretary of Health               SUPPLEMENTARY INFORMATION:
                                                  Drug Evaluation and Research, by the                          and Human Services (HHS) that there is
                                                  Commissioner, approval of the                                 a significant potential for a public                   I. Background
                                                  applications listed in the table, and all                     health emergency that has a significant                   Section 564 of the FD&C Act (21
                                                  amendments and supplements thereto,                           potential to affect national security or               U.S.C. 360bbb–3) as amended by the
                                                  is hereby withdrawn, effective January                        the health and security of U.S. citizens               Project BioShield Act of 2004 (Pub L.
                                                  19, 2017.                                                     living abroad and that involves Zika                   108–276) and the Pandemic and All-
                                                    Dated: December 15, 2016.                                   virus. On the basis of such                            Hazards Preparedness Reauthorization
                                                  Leslie Kux,
                                                                                                                determination, the Secretary of HHS                    Act of 2013 (Pub L. 113–5) allows FDA
                                                                                                                declared on February 26, 2016, that                    to strengthen the public health
                                                  Associate Commissioner for Policy.
                                                                                                                circumstances exist justifying the                     protections against biological, chemical,
                                                  [FR Doc. 2016–30623 Filed 12–19–16; 8:45 am]
                                                                                                                authorization of emergency use of in                   nuclear, and radiological agents. Among
                                                  BILLING CODE 4164–01–P                                        vitro diagnostic tests for detection of                other things, section 564 of the FD&C
                                                                                                                Zika virus and/or diagnosis of Zika                    Act allows FDA to authorize the use of
                                                                                                                virus infection, subject to the terms of               an unapproved medical product or an
                                                  DEPARTMENT OF HEALTH AND
                                                                                                                any authorization issued under the                     unapproved use of an approved medical
                                                  HUMAN SERVICES
                                                                                                                FD&C Act. The Authorization, which                     product in certain situations. With this
                                                  Food and Drug Administration                                  includes an explanation of the reasons                 EUA authority, FDA can help assure
                                                                                                                for issuance, is reprinted in this                     that medical countermeasures may be
                                                  [Docket No. FDA–2016–N–0969]                                  document.                                              used in emergencies to diagnose, treat,
                                                  Authorization of Emergency Use of an                          DATES:  The Authorization is effective as              or prevent serious or life-threatening
                                                  In Vitro Diagnostic Device for                                of November 21, 2016.                                  diseases or conditions caused by
                                                  Detection of Zika Virus; Availability                                                                                biological, chemical, nuclear, or
                                                                                                                ADDRESSES: Submit written requests for
                                                                                                                                                                       radiological agents when there are no
                                                                                                                single copies of the EUA to the Office
                                                  AGENCY:      Food and Drug Administration,                                                                           adequate, approved, and available
                                                                                                                of Counterterrorism and Emerging
                                                  HHS.                                                                                                                 alternatives.
                                                                                                                Threats, Food and Drug Administration,                    Section 564(b)(1) of the FD&C Act
                                                  ACTION:     Notice.                                           10903 New Hampshire Ave., Bldg. 1,                     provides that, before an EUA may be
                                                  SUMMARY:   The Food and Drug                                  Rm. 4338, Silver Spring, MD 20993–                     issued, the Secretary of HHS must
                                                  Administration (FDA) is announcing the                        0002. Send one self-addressed adhesive                 declare that circumstances exist
                                                  issuance of an Emergency Use                                  label to assist that office in processing              justifying the authorization based on
                                                  Authorization (EUA) (the Authorization)                       your request or include a fax number to                one of the following grounds: (1) A
                                                  for an in vitro diagnostic device for                         which the Authorization may be sent.                   determination by the Secretary of
                                                  detection of the Zika virus in response                       See the SUPPLEMENTARY INFORMATION                      Homeland Security that there is a
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                                                  to the Zika virus outbreak in the                             section for electronic access to the                   domestic emergency, or a significant
                                                  Americas. FDA issued this                                     Authorization.                                         potential for a domestic emergency,
                                                  Authorization under the Federal Food,                         FOR FURTHER INFORMATION CONTACT:                       involving a heightened risk of attack
                                                  Drug, and Cosmetic Act (the FD&C Act),                        Carmen Maher, Office of                                with a biological, chemical, radiological,
                                                  as requested by Abbott Molecular, Inc.                        Counterterrorism and Emerging Threats,                 or nuclear agent or agents; (2) a
                                                  The Authorization contains, among                             Food and Drug Administration, 10903                    determination by the Secretary of
                                                  other things, conditions on the                               New Hampshire Ave., Bldg. 1, Rm.                       Defense that there is a military


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                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                           92823

                                                  emergency, or a significant potential for               Preparedness and Response, the                        II. EUA Request for an In Vitro
                                                  a military emergency, involving a                       Director of the National Institutes of                Diagnostic Device for Detection of the
                                                  heightened risk to U.S. military forces of              Health, and the Director of the Centers               Zika Virus
                                                  attack with a biological, chemical,                     for Disease Control and Prevention (to                   On February 26, 2016, the Secretary of
                                                  radiological, or nuclear agent or agents;               the extent feasible and appropriate                   HHS determined that there is a
                                                  (3) a determination by the Secretary of                 given the applicable circumstances),                  significant potential for a public health
                                                  HHS that there is a public health                       FDA 1 concludes: (1) That an agent                    emergency that has a significant
                                                  emergency, or a significant potential for               referred to in a declaration of emergency             potential to affect national security or
                                                  a public health emergency, that affects,                or threat can cause a serious or life-                the health and security of U.S. citizens
                                                  or has a significant potential to affect,               threatening disease or condition; (2)                 living abroad and that involves Zika
                                                  national security or the health and                     that, based on the totality of scientific             virus. On February 26, 2016, under
                                                  security of U.S. citizens living abroad,                evidence available to FDA, including                  section 564(b)(1) of the FD&C Act, and
                                                  and that involves a biological, chemical,               data from adequate and well-controlled                on the basis of such determination, the
                                                  radiological, or nuclear agent or agents,               clinical trials, if available, it is                  Secretary of HHS declared that
                                                  or a disease or condition that may be                   reasonable to believe that: (A) The                   circumstances exist justifying the
                                                  attributable to such agent or agents; or                product may be effective in diagnosing,               authorization of emergency use of in
                                                  (4) the identification of a material threat                                                                   vitro diagnostic tests for detection of
                                                                                                          treating, or preventing (i) such disease
                                                  by the Secretary of Homeland Security                                                                         Zika virus and/or diagnosis of Zika
                                                                                                          or condition; or (ii) a serious or life-
                                                  under section 319F–2 of the Public                                                                            virus infection, subject to the terms of
                                                                                                          threatening disease or condition caused
                                                  Health Service (PHS) Act (42 U.S.C.                                                                           any authorization issued under section
                                                  247d–6b) sufficient to affect national                  by a product authorized under section
                                                                                                          564, approved or cleared under the                    564 of the FD&C Act. Notice of the
                                                  security or the health and security of                                                                        determination and declaration of the
                                                  U.S. citizens living abroad.                            FD&C Act, or licensed under section 351
                                                                                                          of the PHS Act, for diagnosing, treating,             Secretary was published in the Federal
                                                     Once the Secretary of HHS has                                                                              Register on March 2, 2016 (81 FR
                                                                                                          or preventing such a disease or
                                                  declared that circumstances exist                                                                             10878). On November 9, 2016, Abbott
                                                                                                          condition caused by such an agent; and
                                                  justifying an authorization under                                                                             Molecular, Inc. requested, and on
                                                                                                          (B) the known and potential benefits of
                                                  section 564 of the FD&C Act, FDA may                                                                          November 21, 2016, FDA issued, an
                                                                                                          the product, when used to diagnose,
                                                  authorize the emergency use of a drug,                                                                        EUA for the Abbott Real Time ZIKA
                                                  device, or biological product if the                    prevent, or treat such disease or
                                                                                                          condition, outweigh the known and                     assay, subject to the terms of the
                                                  Agency concludes that the statutory                                                                           Authorization.
                                                  criteria are satisfied. Under section                   potential risks of the product, taking
                                                  564(h)(1) of the FD&C Act, FDA is                       into consideration the material threat                III. Electronic Access
                                                  required to publish in the Federal                      posed by the agent or agents identified                 An electronic version of this
                                                  Register a notice of each authorization,                in a declaration under section                        document and the full text of the
                                                  and each termination or revocation of an                564(b)(1)(D) of the FD&C Act, if                      Authorization are available on the
                                                  authorization, and an explanation of the                applicable; (3) that there is no adequate,            Internet at https://www.regulations.gov.
                                                  reasons for the action. Section 564 of the              approved, and available alternative to
                                                  FD&C Act permits FDA to authorize the                   the product for diagnosing, preventing,               IV. The Authorization
                                                  introduction into interstate commerce of                or treating such disease or condition;                   Having concluded that the criteria for
                                                  a drug, device, or biological product                   and (4) that such other criteria as may               issuance of the Authorization under
                                                  intended for use when the Secretary of                  be prescribed by regulation are satisfied.            section 564(c) of the FD&C Act are met,
                                                  HHS has declared that circumstances                        No other criteria for issuance have                FDA has authorized the emergency use
                                                  exist justifying the authorization of                   been prescribed by regulation under                   of an in vitro diagnostic device for
                                                  emergency use. Products appropriate for                 section 564(c)(4) of the FD&C Act.                    detection of Zika virus subject to the
                                                  emergency use may include products                      Because the statute is self-executing,                terms of the Authorization. The
                                                  and uses that are not approved, cleared,                regulations or guidance are not required              Authorization in its entirety (not
                                                  or licensed under sections 505, 510(k),                 for FDA to implement the EUA                          including the authorized versions of the
                                                  or 515 of the FD&C Act (21 U.S.C. 355,                  authority.                                            fact sheets and other written materials)
                                                  360(k), and 360e) or section 351 of the                                                                       follows and provides an explanation of
                                                  PHS Act (42 U.S.C. 262). FDA may issue                    1 The Secretary of HHS has delegated the
                                                                                                                                                                the reasons for its issuance, as required
                                                  an EUA only if, after consultation with                 authority to issue an EUA under section 564 of the    by section 564(h)(1) of the FD&C Act.
                                                  the HHS Assistant Secretary for                         FD&C Act to the Commissioner of Food and Drugs.       BILLING CODE 4164–01–P
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‘/é'       DEFARTMENXT OF HEALTH & HUMAN SERVICES                                                             Public Health Service


                                                                                                              Food and Drug Administration
                                                                                                              Silver Spring, MD 20998


                                                               November 21. 2016



   Stacy Ferguson
   Regulatory Affairs Project Manager
   Abbotft Molecular Inc.
   1300 East Touhy Avenue
   Des Plaines, IL 60018

   Dear Ms. Ferguson:

   This letter is in response to your request that the Food and Drug Administration (FDA) issue an
   Emergency Use Authorization (EUA) for emergency use of Abbott Molecular Inc.‘s ("Abbott")
   RealTime ZIKA assay for the qualitative detection of RNA from Zika virus in human serum,
   EDTA plasma, and urine (collected alongside a patient—matched serum or plasma specimen)
   from individuals meeting Centers for Disease Control and Prevention (CDC) Zika virus clinical
   criteria (e.g., clinical signs and symptoms associated with Zika virus infection) and/or CDC Zika
   virus epidemiological criteria (e.g., history of residence in or travel to a geographic region with
   active Zika transmission at the time of travel, or other epidemiological criteria for which Zika
   virus testing may be indicated), by laboratories in the United States (U.S.) that are certified under
   the Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C. §263a, to
   perform high complexity tests, or by similarly qualified non—U.S. laboratories, pursuant to
   section 564 of the Federal Food, Drug, and Cosmeti¢ Aét (the Act) (21 US.C. § 360bbb—3).‘
   Test results are for the identification of Zika virus RNA. Zika virus RNA is generally detectable
   in these specimens during the acute phase ofinfection and, according to the updated CDC
   Guidance for U.S. Laboratories Testing for Zika Virus Infection," up to 14 days in serum and
   urine (possibly longer in urine}, following onset of symptoms, if present. Positive results are
    indicative of current infection.

   On February 26, 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 emergencythat has a significant potential to affect national security
   or the health and security of U.S. citizens living abroad and that involves Zika virus." Pursuant
   to section 564(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 extst justifying the
   authorization of the 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 21
       TU.S.C. § 360bbb—3(a)."

       ‘ For ease of reference, this letter will refer to "laboratories in the United States (U.S.) that are certified under the
       Clinical Laboratory Improvement Amendments of 1988 (CLIA), 42 U.S.C, § 263a, to perform high complexity
       tests, or bysimilarly qualified non—U,8. laboratories" as "authorized laboratories."
       * Available at httpy//wi w.ede.covizika/laboratories/lab—guidance.htrl (fast updated on November 16, 201 6).
       * As amended by the Pandemic and All Hazards Preparedness Reauthorization Act, Pub,. L. No. 113—3, under section
       S64(bY1}C) of the Act, the Secretary may make a determination of a public health emergency, or of significant
        otential for a public health emergency.
        HHS. Determination and Declaration Regarding Emergency Use ofin Fitro Diagnostic Tests for Detection of Zika


                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                           92825




                                                                        Criteria for Issuance of Authorization




                                                                                 of Authorization




                                                                                                     RealTime ZIKA assay
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                          EN20DE16.005</GPH>




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                                                  92826                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices




                                                                                                                                                          other                   or




                                                                                        ..
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                       EN20DE16.006</GPH>




                                             VerDate Sep<11>2014   19:36 Dec 19, 2016   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4725   E:\FR\FM\20DEN1.SGM   20DEN1


                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                92827




                                                                                         Results
                                                                                                                                                                             ZIKA




                                                                                                                                                                                  be
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                                                                                                                                                                                               EN20DE16.007</GPH>




                                             VerDate Sep<11>2014   19:36 Dec 19, 2016   Jkt 241001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4725   E:\FR\FM\20DEN1.SGM   20DEN1


                                                  92828                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices




                                                                                                                               Abbott RealTime




                                                                              •




                                                                                                                                                                  this
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                  EN20DE16.008</GPH>




                                             VerDate Sep<11>2014   19:36 Dec 19, 2016   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4725   E:\FR\FM\20DEN1.SGM   20DEN1


                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                           92829




                                                                                D.




                                                                            Abbott Molecular Inc.

                                                                                L
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                          EN20DE16.009</GPH>




                                             VerDate Sep<11>2014   19:36 Dec 19, 2016   Jkt 241001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4725   E:\FR\FM\20DEN1.SGM   20DEN1


                                                  92830                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices



                                                                                    M.




                                                                                    P.




                                                                                Authorized Laboratories
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                   EN20DE16.010</GPH>




                                             VerDate Sep<11>2014   19:36 Dec 19, 2016    Jkt 241001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4725   E:\FR\FM\20DEN1.SGM   20DEN1


                                                                             Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                           92831




                                                                                 Y.




                                                                            Abbott Molecular                                                  and Authorized




                                                                            Conditions Related to
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                                          EN20DE16.011</GPH>




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                                                  92832                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices




                                                    Dated: December 14, 2016.                             redetermination by February 21, 2017.                 public, submit the comment as a
                                                  Leslie Kux,                                             Furthermore, any interested person may                written/paper submission and in the
                                                  Associate Commissioner for Policy.                      petition FDA for a determination                      manner detailed (see ‘‘Written/Paper
                                                  [FR Doc. 2016–30532 Filed 12–19–16; 8:45 am]            regarding whether the applicant for                   Submissions’’ and ‘‘Instructions’’).
                                                                                                          extension acted with due diligence
                                                  BILLING CODE 4164–01–C                                                                                        Written/Paper Submissions
                                                                                                          during the regulatory review period by
                                                                                                          June 19, 2017. See ‘‘Petitions’’ in the                  Submit written/paper submissions as
                                                  DEPARTMENT OF HEALTH AND                                SUPPLEMENTARY INFORMATION section for                 follows:
                                                  HUMAN SERVICES                                          more information.                                        • Mail/Hand delivery/Courier (for
                                                                                                          ADDRESSES: You may submit comments                    written/paper submissions): Division of
                                                  Food and Drug Administration                            as follows:                                           Dockets Management (HFA–305), Food
                                                                                                                                                                and Drug Administration, 5630 Fishers
                                                  [Docket No. FDA–2016–E–0626]                            Electronic Submissions                                Lane, Rm. 1061, Rockville, MD 20852.
                                                  Determination of Regulatory Review                        Submit electronic comments in the                      • For written/paper comments
                                                  Period for Purposes of Patent                           following way:                                        submitted to the Division of Dockets
                                                  Extension; COSENTYX                                       • Federal eRulemaking Portal: http://               Management, FDA will post your
                                                                                                          www.regulations.gov. Follow the                       comment, as well as any attachments,
                                                  AGENCY:    Food and Drug Administration,                instructions for submitting comments.                 except for information submitted,
                                                  HHS.                                                    Comments submitted electronically,                    marked and identified, as confidential,
                                                  ACTION:   Notice.                                       including attachments, to http://                     if submitted as detailed in
                                                                                                          www.regulations.gov will be posted to                 ‘‘Instructions.’’
                                                  SUMMARY:   The Food and Drug                            the docket unchanged. Because your                       Instructions: All submissions received
                                                  Administration (FDA) has determined                     comment will be made public, you are                  must include the Docket No. FDA–
                                                  the regulatory review period for                        solely responsible for ensuring that your             2016–E–0626 for ‘‘Determination of
                                                  COSENTYX and is publishing this                         comment does not include any                          Regulatory Review Period for Purposes
                                                  notice of that determination as required                confidential information that you or a                of Patent Extension; COSENTYX.’’
                                                  by law. FDA has made the                                third party may not wish to be posted,                Received comments will be placed in
                                                  determination because of the                            such as medical information, your or                  the docket and, except for those
                                                  submission of an application to the                     anyone else’s Social Security number, or              submitted as ‘‘Confidential
                                                  Director of the U.S. Patent and                         confidential business information, such               Submissions,’’ publicly viewable at
                                                  Trademark Office (USPTO), Department                    as a manufacturing process. Please note               http://www.regulations.gov or at the
                                                  of Commerce, for the extension of a                     that if you include your name, contact                Division of Dockets Management
mstockstill on DSK3G9T082PROD with NOTICES




                                                  patent which claims that human                          information, or other information that                between 9 a.m. and 4 p.m., Monday
                                                  biological product.                                     identifies you in the body of your                    through Friday.
                                                  DATES: Anyone with knowledge that any                   comments, that information will be                       • Confidential Submissions—To
                                                  of the dates as published (see the                      posted on http://www.regulations.gov.                 submit a comment with confidential
                                                  SUPPLEMENTARY INFORMATION section) are                    • If you want to submit a comment                   information that you do not wish to be
                                                  incorrect may submit either electronic                  with confidential information that you                made publicly available, submit your
                                                                                                                                                                                                            EN20DE16.012</GPH>




                                                  or written comments and ask for a                       do not wish to be made available to the               comments only as a written/paper


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Document Created: 2018-02-14 09:10:25
Document Modified: 2018-02-14 09:10:25
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 November 21, 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 (this is not a toll free number).
FR Citation81 FR 92822 

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