82_FR_30011 82 FR 29886 - Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection of Zika Virus; Availability

82 FR 29886 - Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection of Zika Virus; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29886-29906
FR Document2017-13720

The Food and Drug Administration (FDA) is announcing the issuance of two Emergency Use Authorizations (EUAs) (the Authorizations) for in vitro diagnostic devices for detection of the Zika virus in response to the Zika virus outbreak in the Americas. FDA issued these Authorizations under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as requested by Nanobiosym Diagnostics, Inc. and DiaSorin Inc. The Authorizations contain, among other things, conditions on the emergency use of the authorized in vitro diagnostic devices. The Authorizations follow 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 Authorizations, which include an explanation of the reasons for issuance, are reprinted in this document.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29886-29906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13720]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1486]


Authorizations of Emergency Use of In Vitro Diagnostic Devices 
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 two Emergency Use Authorizations (EUAs) (the 
Authorizations) for in vitro diagnostic devices for detection of the 
Zika virus in response to the Zika virus outbreak in the Americas. FDA 
issued these Authorizations under the Federal Food, Drug, and Cosmetic 
Act (the FD&C Act), as requested by Nanobiosym Diagnostics, Inc. and 
DiaSorin Inc. The Authorizations contain, among other things, 
conditions on the emergency use of the authorized in vitro diagnostic 
devices. The Authorizations follow 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 Authorizations, which include an explanation of the reasons for 
issuance, are reprinted in this document.

DATES: The Authorization for Nanobiosym Diagnostics, Inc. is effective 
as of March 20, 2017; the Authorization for DiaSorin Inc. is effective 
as of April 5, 2017.

ADDRESSES: Submit written requests for single copies of the EUAs 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 Authorizations may be sent. See the SUPPLEMENTARY INFORMATION 
section for electronic access to the Authorizations.

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 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

[[Page 29887]]

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 Requests for In Vitro Diagnostic Devices 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 February 24, 2017, Nanobiosym 
Diagnostics, Inc. requested, and on March 20, 2017, FDA issued, an EUA 
for the Gene-RADAR[supreg] Zika Virus Test, subject to the terms of the 
Authorization. On March 30, 2017, DiaSorin Inc. requested, and on April 
5, 2017, FDA issued an EUA for the LIAISON[supreg] XL Zika Capture IgM 
Assay, subject to the terms of the Authorization.

III. Electronic Access

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

IV. The Authorizations

    Having concluded that the criteria for issuance of the 
Authorizations under section 564(c) of the FD&C Act are met, FDA has 
authorized the emergency use of two in vitro diagnostic devices for 
detection of Zika virus subject to the terms of the Authorizations. The 
Authorizations in their entirety (not including the authorized versions 
of the fact sheets and other written materials) follow and provide an 
explanation of the reasons for issuance, as required by section 
564(h)(1) of the FD&C Act:

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    Dated: June 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-13720 Filed 6-29-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                  29886                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices




                                                    Dated: June 21, 2017.                                 explanation of the reasons for issuance,                  Section 564(b)(1) of the FD&C Act
                                                  Anna K. Abram,                                          are reprinted in this document.                        provides that, before an EUA may be
                                                  Deputy Commissioner for Policy, Planning,               DATES: The Authorization for                           issued, the Secretary of HHS must
                                                  Legislation, and Analysis.                              Nanobiosym Diagnostics, Inc. is                        declare that circumstances exist
                                                  [FR Doc. 2017–13666 Filed 6–29–17; 8:45 am]             effective as of March 20, 2017; the                    justifying the authorization based on
                                                  BILLING CODE 4164–01–P                                  Authorization for DiaSorin Inc. is                     one of the following grounds: (1) A
                                                                                                          effective as of April 5, 2017.                         determination by the Secretary of
                                                                                                          ADDRESSES: Submit written requests for                 Homeland Security that there is a
                                                  DEPARTMENT OF HEALTH AND                                single copies of the EUAs to the Office                domestic emergency, or a significant
                                                  HUMAN SERVICES                                          of Counterterrorism and Emerging                       potential for a domestic emergency,
                                                                                                          Threats, Food and Drug Administration,                 involving a heightened risk of attack
                                                  Food and Drug Administration                                                                                   with a biological, chemical, radiological,
                                                                                                          10903 New Hampshire Ave., Bldg. 1,
                                                  [Docket No. FDA–2017–N–1486]                            Rm. 4338, Silver Spring, MD 20993–                     or nuclear agent or agents; (2) a
                                                                                                          0002. Send one self-addressed adhesive                 determination by the Secretary of
                                                  Authorizations of Emergency Use of In                   label to assist that office in processing              Defense that there is a military
                                                  Vitro Diagnostic Devices for Detection                  your request or include a fax number to                emergency, or a significant potential for
                                                  of Zika Virus; Availability                             which the Authorizations may be sent.                  a military emergency, involving a
                                                  AGENCY:    Food and Drug Administration,                See the SUPPLEMENTARY INFORMATION                      heightened risk to U.S. military forces of
                                                  HHS.                                                    section for electronic access to the                   attack with a biological, chemical,
                                                                                                          Authorizations.                                        radiological, or nuclear agent or agents;
                                                  ACTION:   Notice.
                                                                                                                                                                 (3) a determination by the Secretary of
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       HHS that there is a public health
                                                  SUMMARY:   The Food and Drug
                                                  Administration (FDA) is announcing the                  Carmen Maher, Office of                                emergency, or a significant potential for
                                                  issuance of two Emergency Use                           Counterterrorism and Emerging Threats,                 a public health emergency, that affects,
                                                  Authorizations (EUAs) (the                              Food and Drug Administration, 10903                    or has a significant potential to affect,
                                                  Authorizations) for in vitro diagnostic                 New Hampshire Ave., Bldg. 1, Rm.                       national security or the health and
                                                  devices for detection of the Zika virus                 4347, Silver Spring, MD 20993–0002,                    security of U.S. citizens living abroad,
                                                  in response to the Zika virus outbreak                  301–796–8510 (this is not a toll free                  and that involves a biological, chemical,
                                                  in the Americas. FDA issued these                       number).                                               radiological, or nuclear agent or agents,
                                                  Authorizations under the Federal Food,                  SUPPLEMENTARY INFORMATION:                             or a disease or condition that may be
                                                  Drug, and Cosmetic Act (the FD&C Act),                                                                         attributable to such agent or agents; or
                                                  as requested by Nanobiosym                              I. Background                                          (4) the identification of a material threat
                                                  Diagnostics, Inc. and DiaSorin Inc. The                    Section 564 of the FD&C Act (21                     by the Secretary of Homeland Security
                                                  Authorizations contain, among other                     U.S.C. 360bbb–3) as amended by the                     under section 319F–2 of the Public
                                                  things, conditions on the emergency use                 Project BioShield Act of 2004 (Pub L.                  Health Service (PHS) Act (42 U.S.C.
                                                  of the authorized in vitro diagnostic                   108–276) and the Pandemic and All-                     247d–6b) sufficient to affect national
                                                  devices. The Authorizations follow the                  Hazards Preparedness Reauthorization                   security or the health and security of
                                                  February 26, 2016, determination by the                 Act of 2013 (Pub L. 113–5) allows FDA                  U.S. citizens living abroad.
                                                  Secretary of Health and Human Services                  to strengthen the public health                           Once the Secretary of HHS has
                                                  (HHS) that there is a significant                       protections against biological, chemical,              declared that circumstances exist
                                                  potential for a public health emergency                 nuclear, and radiological agents. Among                justifying an authorization under
                                                  that has a significant potential to affect              other things, section 564 of the FD&C                  section 564 of the FD&C Act, FDA may
                                                  national security or the health and                     Act allows FDA to authorize the use of                 authorize the emergency use of a drug,
                                                  security of U.S. citizens living abroad                 an unapproved medical product or an                    device, or biological product if the
                                                  and that involves Zika virus. On the                    unapproved use of an approved medical                  Agency concludes that the statutory
                                                  basis of such determination, the                        product in certain situations. With this               criteria are satisfied. Under section
                                                  Secretary of HHS declared on February                   EUA authority, FDA can help assure                     564(h)(1) of the FD&C Act, FDA is
                                                  26, 2016, that circumstances exist                      that medical countermeasures may be                    required to publish in the Federal
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                                                  justifying the authorization of                         used in emergencies to diagnose, treat,                Register a notice of each authorization,
                                                  emergency use of in vitro diagnostic                    or prevent serious or life-threatening                 and each termination or revocation of an
                                                  tests for detection of Zika virus and/or                diseases or conditions caused by                       authorization, and an explanation of the
                                                  diagnosis of Zika virus infection, subject              biological, chemical, nuclear, or                      reasons for the action. Section 564 of the
                                                  to the terms of any authorization issued                radiological agents when there are no                  FD&C Act permits FDA to authorize the
                                                  under the FD&C Act. The                                 adequate, approved, and available                      introduction into interstate commerce of
                                                  Authorizations, which include an                        alternatives.                                          a drug, device, or biological product
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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                            29887

                                                  intended for use when the Secretary of                  condition caused by such an agent; and                 Zika virus and/or diagnosis of Zika
                                                  HHS has declared that circumstances                     (B) the known and potential benefits of                virus infection, subject to the terms of
                                                  exist justifying the authorization of                   the product, when used to diagnose,                    any authorization issued under section
                                                  emergency use. Products appropriate for                 prevent, or treat such disease or                      564 of the FD&C Act. Notice of the
                                                  emergency use may include products                      condition, outweigh the known and                      determination and declaration of the
                                                  and uses that are not approved, cleared,                potential risks of the product, taking                 Secretary was published in the Federal
                                                  or licensed under sections 505, 510(k),                 into consideration the material threat                 Register on March 2, 2016 (81 FR
                                                  or 515 of the FD&C Act (21 U.S.C. 355,                  posed by the agent or agents identified                10878). On February 24, 2017,
                                                  360(k), and 360e) or section 351 of the                 in a declaration under section                         Nanobiosym Diagnostics, Inc. requested,
                                                  PHS Act (42 U.S.C. 262). FDA may issue                  564(b)(1)(D) of the FD&C Act, if                       and on March 20, 2017, FDA issued, an
                                                  an EUA only if, after consultation with                 applicable; (3) that there is no adequate,             EUA for the Gene-RADAR® Zika Virus
                                                  the HHS Assistant Secretary for                         approved, and available alternative to                 Test, subject to the terms of the
                                                  Preparedness and Response, the                          the product for diagnosing, preventing,                Authorization. On March 30, 2017,
                                                  Director of the National Institutes of                  or treating such disease or condition;                 DiaSorin Inc. requested, and on April 5,
                                                  Health, and the Director of the Centers                 and (4) that such other criteria as may                2017, FDA issued an EUA for the
                                                  for Disease Control and Prevention (to                  be prescribed by regulation are satisfied.             LIAISON® XL Zika Capture IgM Assay,
                                                  the extent feasible and appropriate                       No other criteria for issuance have                  subject to the terms of the
                                                  given the applicable circumstances),                    been prescribed by regulation under                    Authorization.
                                                  FDA1 concludes: (1) That an agent                       section 564(c)(4) of the FD&C Act.
                                                                                                                                                                 III. Electronic Access
                                                  referred to in a declaration of emergency               Because the statute is self-executing,
                                                  or threat can cause a serious or life-                  regulations or guidance are not required                 An electronic version of this
                                                  threatening disease or condition; (2)                   for FDA to implement the EUA                           document and the full text of the
                                                  that, based on the totality of scientific               authority.                                             Authorizations are available on the
                                                  evidence available to FDA, including                                                                           Internet at https://www.regulations.
                                                                                                          II. EUA Requests for In Vitro Diagnostic
                                                  data from adequate and well-controlled                                                                         gov/.
                                                                                                          Devices for Detection of the Zika Virus
                                                  clinical trials, if available, it is                                                                           IV. The Authorizations
                                                  reasonable to believe that: (A) The                        On February 26, 2016, the Secretary of
                                                  product may be effective in diagnosing,                 HHS determined that there is a                            Having concluded that the criteria for
                                                  treating, or preventing (i) such disease                significant potential for a public health              issuance of the Authorizations under
                                                  or condition; or (ii) a serious or life-                emergency that has a significant                       section 564(c) of the FD&C Act are met,
                                                  threatening disease or condition caused                 potential to affect national security or               FDA has authorized the emergency use
                                                  by a product authorized under section                   the health and security of U.S. citizens               of two in vitro diagnostic devices for
                                                  564, approved or cleared under the                      living abroad and that involves Zika                   detection of Zika virus subject to the
                                                  FD&C Act, or licensed under section 351                 virus. On February 26, 2016, under                     terms of the Authorizations. The
                                                  of the PHS Act, for diagnosing, treating,               section 564(b)(1) of the FD&C Act, and                 Authorizations in their entirety (not
                                                  or preventing such a disease or                         on the basis of such determination, the                including the authorized versions of the
                                                                                                          Secretary of HHS declared that                         fact sheets and other written materials)
                                                    1 The Secretary of HHS has delegated the              circumstances exist justifying the                     follow and provide an explanation of
                                                  authority to issue an EUA under section 564 of the      authorization of emergency use of in                   the reasons for issuance, as required by
                                                  FD&C Act to the Commissioner of Food and Drugs.         vitro diagnostic tests for detection of                section 564(h)(1) of the FD&C Act:
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                                                  29888                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices




                                                                                                                                          March        2017


                                                                                 Anita          Ph.D.
                                                                                 Chainnan and CEO




                                                                                 Dear Dr. Goe!:

                                                                                 This letter is in response to your request that the Food and                                         issue an
                                                                                 t:n1er~ret1cv Use Authorization         for emergency use                                           Inc.'s
                                                                                                                     Zika Virus Test for the               •m•wnn1eo detection of RNA from Zika




                                                                                                                                                                                                to
                                                                                                                                                                                      up to 14
                                                                                                                                                         Positive results are indicative of cmTent


                                                                                                              pursuant to section                       ofthe Act
                                                                                                     s,,,r<>t,.rv of Health and Human Services
                                                                                 "'~'!~"''"""' pote:ntial tor a       health emergency that has a '"t::•""'v~"'
                                                                                                      or the health and         of U.S. citizens
                                                                                                                         )ofthcAc.t(21 U.S.C.

                                                                                            of reference. this letter will refer to "laboratories in the United States (U.S.) that      certi!ied under the
                                                                                          uuxmam•ry Improvement Amendments 1988 (CUA).                        U.S.C. § 263a. to perform high complexity
                                                                                                                  non-U.S. laboratories" as "authorized laboratories."
                                                                                                                                          bh·rru'd'''k:r· .hlilll (las! updated on November 16.
                                                                                                                                       Preoared""'"" Reauthorization Act, Pub. L. No. 113-5, under section
                                                                                                                                         del<"nnina!linn of a public health emergency,           significant
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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                                 29889

                                                                            Page 2- Dr. Anita God, Nanobiosym


                                                                            of such detennination, the            of HHS then declared that circumstances
                                                                            the authorization of the emergency use of in vitro dia!:;nostic tests for detection of Zika virus
                                                                            and/or           of Zika virus infection, subject to the tem1s of any authorization issued under
                                                                            21 u.s.c. §               4



                                                                                    concluded that the criteria tor issuance of this authorization under section           of the
                                                                            Act (21         § 360bbb-3(c)) are met, I am authorizing the emergency usc ofthc Gene-
                                                                                       Zika Virus Test      described in the         of Authorization section of this letter
                                                                                     H)) in individuals meeting CDC Zika virus clinical criteria (e.g., clinical        and
                                                                            symptoms associated with Zika virus infection) and/or CDC Zika vims                           criteria
                                                                                          of residence in or travel to a             region with active Zika transmission at the
                                                                            time           or other                   critetia for which Zika vims          may be indicated)
                                                                            (as desctibed in the        of Authorization section ofthis letter          H)) for the detection of
                                                                            Zika virus infection by authotized                 subject to the tenns ofthis authotization.

                                                                            I. Criteria for Issuance of Authorization

                                                                            I have concluded that the emergency use ofthe Gene-RADAR'' Zika Virus Test for the
                                                                            detection of Zika virus and diagnosis of Zika virus infection in the specified population meets
                                                                            the criteria for issuance of an authorization under section 564(c) of the Act, because I have
                                                                            concluded that:

                                                                                  I. The Zika virus can cause Zika virus infection, a serious or lite-threatening disease or
                                                                                     condition to humans infected with the virus;

                                                                                  2.                                     evidence available to FDA, it is reasonable to believe
                                                                                                                Zika Virus Test, when used with the specified instrument(s)
                                                                                        and in accordance with the Scope of Authorization, may be etTective in            Zika
                                                                                        virus and            Zika virus infection, and that the known and                    of
                                                                                        the                 Zika Virus Test for            Zika virus and u'"'""'"'""~
                                                                                        infection outweigh the known and potential risks of such product; and

                                                                                  3. There is no ade9,uate, approved, and available alternative to the emer£,>ency use ofthe
                                                                                     Gene-RADAR" Zika Vims Test for                  Zika virus and diagnosing Zika vims
                                                                                     infection. 5

                                                                            U. Scope of Authorization

                                                                            I have concluded, pursuant to section 564(d)( I) ofthe Act, that the scope of this authorization is
                                                                            limited to the use of the authorized                   Zika Vims Test by authorized laboratories
                                                                                                                           autgnosJ:s of Zika virus infection in individuals
                                                                            ""'"'"""'CDC Zika virus clinical criteria                     and             associated with Zika
                                                                                             and/or CDC Zika virus emaeJ:nHllOJI!;JC,at                     of residence in or
                                                                            4
                                                                              HHS. Determination and Declaration Regarding                  Use of in Vitro               l(cstsfor Detection <~IZika
                                                                            Virus and/or Diagnosis of'Zika Virus b1fixtion, 8! Fed,        10878 {March 2,
                                                                            5
                                                                              No other criteria of issuance have been prescribed by regulation under sec !ion 564( c)(4) ofthe Act
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                                                  29890                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices




                                                                                                              with active Zika transmission at the time of travel, or other
                                                                                                         for which Zika virus        may be mdiJca,tcdl).

                                                                            The Authorized                           Zika Vi.rus Test

                                                                            The                                                                                  poJyrrlen1se chain
                                                                                                                                                                         in human serum




                                                                                                                                                  materials or other authorized
                                                                                                                                                                        and reaction
                                                                                                                                                                       Zika Virus
                                                                                                                                                                     and controls. The
                                                                                                                                    the use of additional            and
                                                                                                                                        cmnn1or11y used in clinical laboratories and are
                                                                                                                                                    n:strut:utm~ for Use.


                                                                                                   Zika Virus Test                                                     or other authorized
                                                                            control materials; all controls listed below must .,,,,,.,,t, "'""l·'"''-'tcu
                                                                            considered valid, as outlined in the vcm::··I\.t'uJtu\.

                                                                                        •                     Zika Virus Positive Control:             Zika RNA target sequence
                                                                                             that can be           and detected run with          batch "'. ··~"~-• SP<~ci1mens.
                                                                                             Monitors for failures ofrRT-PCR reagents and reaction conditions.
                                                                                        "'             Control: DNase and RNase-free water··· nm with each batch
                                                                                             sp•ectmens. Monitors for reagent and system contamination.
                                                                                        "'                    Zika Virus !ntemal Process Control: inactivated and stabilized
                                                                                                                           extraction added to each              and control
                                                                                                                 The MS2 RNA is co-extracted and                      with the target
                                                                                                               monitors for          of the kit reagents,              function and
                                                                                                                           inhibitors in the




                                                                                                                                        the fact that it does not meet certain


                                                                                                                            Zika Virus Test is authorized to be acc:on1panie:d      the
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                                                                                   Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                              29891

                                                                          Page 4        Dr. Anita

                                                                          following information n"'rtllinirl<> to the emergency use, which is authorized to be made available
                                                                          to healthcarc                                     pregnant women:

                                                                                   •     Fact Sheet for Healthcare Providers: Interpreting Gene-RADAR*"' Zika Virus Test
                                                                                         Results
                                                                                   "'    Fact Sheet for Patients: Understanding Results fmm the                Zika
                                                                                         Virus Test

                                                                                                                Nanobiosym and its authorized distributors are also
                                                                                                          additional infom1ation relating to the emergency use of the
                                                                          authorized                    Zika Virus Test that is consistent with, and does not exceed, the
                                                                          tenus of this letter of authorization.

                                                                          I have                 pursuant to section 564(d)(2) ofthe Act, that it is reasonable to believe that the
                                                                          known and potential benefits of the authotized Gene-RADAR':R: Zika Virus Test in the specified
                                                                          population, when used for detection of Zika virus and to                 Zika virus infection and used
                                                                          consistently with the            of Authorization of this letter          II),          the known and
                                                                          pv•"~"'"""'' risks of such a product.

                                                                          I have concluded, pursuant to section 564(d)(3) of the Act, based on the totality of scientific
                                                                          evidence available to FDA, that it is reasonable to believe that the authorized '-'"""-,"-r'u'"'''
                                                                          Zika Virus Test may be effective in the detection ofZika virus and               ofZika virus
                                                                          int:<,dinn when used              with the         of Authorization of this letter (Section II),
                                                                          pursuant to section 564{c)(2)(A) ofthe Act.

                                                                          FDA has reviewed the scientific infonnation available to FDA, including the information
                                                                          ~nr>n<)rtit''" the conclusions described in Section I above, and concludes that the authorized Gcne-
                                                                                        Zika Vin1s Test, when used for detection of Zika vims and to             Zika virus
                                                                          infection in the             population (as described in the         of Authorization ofthis letter
                                                                                           meets the ctitcria set forth in section 564(c) ofthe Act                   and
                                                                          pu•,~.:wmu effectiveness,


                                                                          The emergency use of the authmized                        Zika Virus Test under this EUA must be
                                                                          consistent with, and may not            the terms of this letter,                    of
                                                                          Authorization (Section II) and the Conditions of Authorization
                                                                          tenus of this EUA and under the circumstances set forth in the                ofHHS's detcnnination
                                                                          described above and the              ofHHS's                    declaration under section564(b)(l ),
                                                                          the                   Zika Virus Test described above is authorized to detect Zika virus and
                                                                          dla.gn•Dse Zika vints infection in individuals          CDC' Zika vims clinical criteria
                                                                                         and             associated with Zika virus infection) and/or CDC' Zika virus
                                                                          epidemiological criteria        history of residence in or travel to a                   with active
                                                                          Zika virus transmissions at the time             or other epidemiological criteria tor which Zika
                                                                          vims          may be indicated).

                                                                          This EUA will cease to be effective when the HHS declaration that circumstances exist to justify
                                                                          the EUA is terminated under section 564(b)(2) ofthe Act or when the EllA is revoked under
                                                                          section 564(g) ofthe Act.
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                                                  29892                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices


                                                                            Page 5          Dr. Anita Goel, Nanobiosym                           Inc.




                                                                            I am         the                                                                     Zika Virus Test during the
                                                                            duration ofthis EUA:

                                                                                                                                             rtorn._,IHS InClUding the quality system

                                                                                                     "'"'rn<•n:t~
                                                                                                              under 21 CFR Part 820          respect to the          manufacture,
                                                                                              pa,ck!tgurrg, labeling, storage, and distribution ofthe Gene-RADAR:sJ Zika Virus
                                                                                              Test

                                                                                        •                             for cleared, approved, or                          including
                                                                                              labeling requirements under 21 CFR 809.10 and 21 CFR 809.30, except for the
                                                                                              intended use statement       CFR 809.10(a)(2), (b)(2)),           directions tor use
                                                                                              (2 J U.S.C.              CFR 809.1 O(b)(5), (7), and (8)), any appropriate limitations
                                                                                              on the use of the device            infonnation required under 21 CFR 809.1 O(a)(4),
                                                                                              and any available infbrmation             pertbnnance of the          including
                                                                                              rc<juircmcnts under 21 CFR 809.10(b)(12).

                                                                            IV. Conditions of Authorization

                                                                            Pursuant to section 564 ofthe Act, 1 am establishing the following conditions on this
                                                                            authorization:

                                                                            Nanobiosym and Us Authorized Distributor(s)

                                                                                A. Nanobiosym and its authorized distributor(s) will distribute the authorized Gene-
                                                                                   RADAR'!t Zika Virus Test with the authmized labeling         to authorized laboratories.
                                                                                           to the authorized labeling may be made by Nanobiosym in consultation
                                                                                              concurrence ot: DMD/OIR/CDRR

                                                                                B. Nanobiosym and its authorized distributor(s) will        to authorized laboratories
                                                                                   the authorized Gene-RADAR'K'       Virus Test Fact Sheet for Healthcare Providers
                                                                                   and the authorized                Zika Virus Test Fact Sheet for Patients.

                                                                                c.             "~'""''""''tin   and its authorized distributor(s) will make available on their websites the
                                                                                                                                    Virus Test Fact Sheet for Healthcarc Providers and
                                                                                                                                  Zika Virus Test Fact Sheet tor Patients.

                                                                                 D. Nanobiosym and its authorized                   will inform authorized laboratories and
                                                                                    relevant public health authority(ies) of this EUA, including the tenns and conditions
                                                                                    herein.

                                                                                 E.                   and its authorized distributor(s) will ensure that the authmizt-'d
                                                                                        laboratories using the authorized Gene-RADAR:t Zika Virus Test have a                             in
                                                                                              fur reporting test results to healthcare          and relevant public
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                                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                             29893




                                                                                 F.               a process              control,
                                                                                                       records of device usage.

                                                                                 G.




                                                                                 H.                   and its authorized              are authorized to make available
                                                                                        additional information          to the emergency use of the authorized '-'"'H""'''d''·-n.
                                                                                        Zika Vims Test that is consistent       and does not exceed, the terms ofthis letter of
                                                                                        authorization.



                                                                                          flf"'r>htf\~'nm will

                                                                                        Zika Virus Test, mcmnmg


                                                                                 l                   will                      <ltstnlmt,or(s) with a copy ofthis EUA. and
                                                                                        communicate to its authorized                    sur>sequ•em amendments that
                                                                                        be made to this EUA and its authorized ac<:on1pany1m                   Fact
                                                                                        Instmctions for Use).

                                                                                 K.                   may request          to the authorized '"'"'"-•~ruH"'''
                                                                                        Fact Sheet tl)r Healthcare Providers and the authorized '"''"'""-'''"."""
                                                                                        Test Fact Sheet for Patients. Such requests \'l'ill be made                              in
                                                                                        consultation       and         concurrence of, DMD/OIR!CDRH.

                                                                                 L                   may request the addition of other instruments tor use with the authorized
                                                                                                        Zika Virus Test Such requests will be made                     in
                                                                                        consultation with, and       concurrence      DMD/OlR/CDRR

                                                                                 M.                                       addition of other extraction methods for use with the
                                                                                                                        Zika Virus Test. Such requests will be made
                                                                                                                             concurrence      DMD/OIR/CDRH.

                                                                                 N.                                       addition of other          t_ypes for use with the
                                                                                                                        Zika Virus Test Such requests will be made
                                                                                                                                           concurrence ot~ DMD/OlR/CDRH.


                                                                                             related to reponing Zika test results to relevant public health authorities, is recommended that
                                                                             Na1mhios~rm.   other authorized distributor(s). and authorized laburatories consult with the           coumry, state or
                                                                                             department(s). According CDC Zika virus disease is a nationally                   condition (see
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                                                  29894                              Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices


                                                                                 7      Dr. Anita Goel,                                  Inc.



                                                                               0.                  may request the addition         substitution of other control materials for
                                                                                     usc with the authorized                   Zika Vims Test. Such requests will be made
                                                                                                      in consultation with, and         concurrence      DMD/OIR/CDRH.

                                                                               P.                 may request the addition and/or sutlstltut1on                            reagents and
                                                                                     materials    use with the authorized u"n"""'"r"uru"                               Such requests
                                                                                     will be made                                                              concurrence of,
                                                                                     DMD/OIR/CDRH.

                                                                                       ""''"'"'"'""will assess           of the                Zika Virus Test with FDA-
                                                                                     recommended reference               After submission to FDA and DMD/OIR/CDRH's
                                                                                     review of and eoncu!Tcnce with the data,            will        its        to reflect
                                                                                     the additional

                                                                               R.

                                                                          Authorized Laboratories

                                                                               S. Authorized laboratories will include with         of the results ofthe uvuv·,v·u/n
                                                                                  Zika Vims Test the authorized Fact Sheet      Healthcare Providers and the authorized
                                                                                  Fact Sheet for Patients. Under         cireurnstan(;es, other            methods for
                                                                                                 these Fact Sheets may be used, which may include mass media.

                                                                               T. Authorized laboratories will                           Zika Virus Test                             the
                                                                                            Viral RNA Mini Kit or with other authorized extraction methods.

                                                                                     Authorized laboratories will         the                             Zika Virus Test on the Gene-
                                                                                               Platform, or other authorized instmments.

                                                                               V. Authorized laboratories will           the                              Zika Virus Test on human
                                                                                  serum or other authorized """'''"''"""

                                                                               W. Authorized laboratories will have a process in                    for
                                                                                     healthcare              and relevant

                                                                               X. Authorized laboratories will collect intlmnation on the ""'·ttu'Wl<>               of the test and report
                                                                                  to DMD/OIRICDRH (via email                                                            and Nanotnos:ym
                                                                                  any           occurrence of false
                                                                                  aware.



                                                                                                                                                    FDA ·recQtnmended reference materiaL

                                                                                                                                      laboratories consult with      "Pf"'~''m"country, state
                                                                                                             According to CDC, Zika virus disease a""'''""''""'             condition.
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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                     29895


                                                                              Page 8     Dr. Anita          Nanobiosym         agntost1cs, Inc.


                                                                                  Y. All laboratory personnel         the test should be           trained in RT-PCR
                                                                                     techniques and use appropriate laboratory and personal protective           when
                                                                                     handling this kit, and use the test in accordance with the



                                                                                  Z. Nanobiosym, its authmized distributor(s), and authorized               will ensure that
                                                                                     any records associated with this EUA are maintained until notified by FDA. Such
                                                                                     records will be made available to FDA for inspection upon request.



                                                                                                                "r"""''h"'""l r~,..~,,rintiunprinted matter      to the use of the
                                                                                                                         Zika Virus Test shall be consistent with the Fact Sheets and
                                                                                                                 as well as the tenns set forth in this EUA and the applicable
                                                                                                                   in the Act and FDA

                                                                                BB. All           and promotional descriptive printed matter relating to the use of the
                                                                                    authorized Gene-RADAR"" Zika Virus Test shall          and conspicuously state that:



                                                                                            •   This test has been authorized by FDA under an EUA for use                authorized


                                                                                            •   This test has been authorizt-'d only for the detection of RNA from Zika virus
                                                                                                and            of Zika virus             not for any other viruses or pathogens:
                                                                                                and

                                                                                            •   This test is only authorized for the duration of the declaration that circumstances
                                                                                                exist            the authorization of the emergency use of in vitro            tests
                                                                                                fi)r detection of Zika virus and/or diagnosis of Zika virus infection under section
                                                                                                564(b)( l) of the Act, 21 U.S.C. § 360hhb-3(b)(l ), unless the authorization is
                                                                                                tenninatcd or revoked sooner.

                                                                              No advertising or promotional         printed matter                        to the use of the authmized
                                                                              Gene-RADAR'"' Zika Virus Test may represent or suggest that                   test is safe or eticctive for
                                                                              the          of Zika virus infection.

                                                                              The emergency use of the authmized                    Zika Virus Test as described in this
                                                                              letter of authorization must comply with the conditions and all other terms of this
                                                                              authorization.
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                                                  29896                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                                                    9    Dr. Anita God, Nanobiosym lJt;fHlllOS;tlcs. Inc.


                                                                              V. Duration of Authorization

                                                                              This EUA will be effective until the declaration that circumstances                  the
                                                                              authorization of the emergency use of in vitro diagnostic tests for detection ofZika virus and/or
                                                                              diagnosis of Zika virus infection is terminated under section            of the Act or the EUA is
                                                                              revoked under section 564(g) ofthc Act.




                                                                                                                                   Acting Commissioner of Food and

                                                                              Enclosures
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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                                               29897




                                                                                                                                                                                               2017




                                                                                                                                                  North America

                                                                                1951 Northwestern A venue
                                                                                ""'"""""''· MN 55082

                                                                                Dear Ms.




                                                                                                                                                                                              360bbb-
                                                                                                                                                                         detennined that there is a
                                                                                                                                                                  ::.1 ~.::mlll'-'<uu notential to a.ffect national
                                                                                                                                                                            abroad and that involves Zika
                                                                                                                                                                                         and on the basis of
                                                                                such    rloi>-"'··~•;iftn
                                                                                                                                                                                                         the
                                                                                authorization of the emergency use of in vitro dilltllnostic

                                                                                            ofrefttence, !his letter will                                                                         the Clinical
                                                                                '-'"AI"""'', bmnro·venl!!:lll Amendments                                                                           complexity
                                                                                                       qualified
                                                                                                   the Pandemic amiii!!,H~·,.,w,rt< Prepare•:lness R.tlltlithoriza:tioll
                                                                                                             the Secretary may
                                                                                                public health emerge.ncy.
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                                                  29898                             Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                                                                 DiaS~lrin   Inc.

                                                                                                                            to the tenns           authorization issued under 21 U.S.C.


                                                                                  concluded that the criteria fbr issuance ofthis authorization undt~r section
                                                                                                      are met, l am              the emergency use ofthe '-'H""f'>v•
                                                                                               (as described in the       of Authorization section            letter \""'''"""·m
                                                                         "''""''<~""'"'"''""'""CDC Zika virus clinical cliteria (e.g., a        11f clinical         arid ""'''n·t"t~"'
                                                                                                      int~x!ion) andlor CDC Zika virus cD!,::Ien:uollo~:tcal
                                                                         of residence in or travel to a                    with active Zikn tmnsmission at the time
                                                                         or other                   criteria for which Zika virus                              (as described in the
                                                                                                                                                             Qm:tlit:athre detection
                                                                                                     authorized                                              authorization.

                                                                         I. Criteria for Issuance of Authorization

                                                                                                                                     XL Zika
                                                                                                   detection        virus     antibodies in the                      meets
                                                                         the criteria for issuance ofan authorization under section        of the Act, because I have
                                                                         c.1ncluded that:

                                                                               1. TI1e Zika virus can cause Zika virus tnl·ecltioJn, a serious or
                                                                                  condition to hu.mans infected with the

                                                                               2.                          of scientific evidence available to FDA. it is reasonable to believe that
                                                                                                       XL Zika                                                       recent Zika
                                                                                                                                                                    XLZika




                                                                                                                                                                              ofthc


                                                                         u.             of Authorization

                                                                                                                                  ofthe Act, that the scope oflhis authorization is
                                                                                                                                  XL Zika                         authorized

                                                                                 CDC Ztka virus clinical. criteria (e.g., a
                                                                         with Zika virus         and/or CDC Zika virus "~"''·"'"'''"""~'.~'>"·''"
                                                                                                           with active Zika ttatlSmissioll at the time ~·· ...h""''
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                                                                                    Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                 29899

                                                                                3         Meyer, DiaSorin In<:.




                                                                          <:tmsidered.




                                                                          virus infection.

                                                                          The automated assay uses two separate reagent
                                                                          which contain          beads coated        either a monoclonal                                 or a
                                                                                                                                     sera or controls are then incubated
                                                                                                                                                       T'\W\N>,{m•,c> and




                                                                          in the authorized

                                                                                                                                includes the                        or other authorized
                                                                          The '"''"""""''-''
                                                                          materials:
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                                                  29900                            Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                                          Page 4- !VIs. Meyer, DiaSorin lt1c.

                                                                                                  0




                                                                                   "    ZIKV-C        Re1~ge1~t
                                                                                                  0                                        coated with a mouse monoclonal anllbCidyto human
                                                                                                  0
                                                                                                  0


                                                                                   "'   Additional components not on the Reaa•ent ...t ......,.~~
                                                                                               o ZIKV-M
                                                                                                                                         derivative
                                                                                                                                               recombinant Zika virus
                                                                                                       "'llrnnr•ll1te<1 to an isoluminol derivative
                                                                                                                     Calibrator 1· Human. senm;idefiblinated
                                                                                                       virus
                                                                                                       ZIKV-C Calibrator 2- Human serum/defibrinated
                                                                                                       virus

                                                                          The                 XLZika                                                      the          control nu1terials or other
                                                                                                                                           nr<>VHII"'I   with the test

                                                                                                        XL Zika 1c. . . . . . . . . .. ,         Control Set: The                 control aids in
                                                                                                        of the kit.

                                                                          Controls listed above must be ,,,.t'"""''>t·l                                          or ,.,.,,,.,,.rl,,.,,.
                                                                          requlremten•ts oflocal,c~,;.umuu••"                                                    Controls must ,,.,,,.,,.,,""' "'~l"""·•cu
                                                                          results in order li)r

                                                                                                                                          also         !he use of additional mate1ials and
                                                                                                                                         laboratories and that are described in the authorized
                                                                                                                                     Instructions for Use.




                                                                          authorized to be distributed to and used
                                                                          tact that it does not meet certain
                                                                          may be revised
                                                                          MlCf(lfli<Cll(llgv Devices
                                                                           ""'""'u•-.A;;,,m,, fhr De·viees and Radl(!I!Ol~IC;al
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                                                                                    Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                          29901

                                                                           Page           Ms ..Meyer, DiaSorin Inc.

                                                                          The above described • ·"''' """                                                  authorized to
                                                                           the                  information ""'""'"'''"'
                                                                           available to healthcare •v""''""r<•

                                                                                      •      Fact Sheet for Healthcare Providers:                                  XL Zi.ka
                                                                                                    Results




                                                                           Other Fact Sheets               DiaSorin in c.onsultation and witl1 concurrence     the
                                                                           Office of Counterterrorism and           Threats             <lfthe Chief Scientist
                                                                                         of the Commissioner            DMD/OlR/CDRH may be authorized to
                                                                           aec:onma.nv the above described             XL Zika                  and be made
                                                                           ""'""'""'"'tO healthcarc ~r•m·i.•b•·"

                                                                                 described in Section IV
                                                                           information                 to the ""''"'r''"'W"'"
                                                                                    that is C01tlSl:StC1:1t



                                                                                                                                                                                      antibodies
                                                                                                                                                                                       the


                                                                           I have conclud~.'d. pursuam to section            of the Act,. based on the
                                                                           evidence available to            it is reasonable to believe that the authorized L"'"""'u"'
                                                                           Zika                                                           of recent Zika vims int<:ction, when
                                                                                                                                                           nursuant !o section


                                                                           FDA bas reviewed the scientific infbnnation available to FDi"..,          the information
                                                                                          conclusions described in Section I       and concludes that the authorized
                                                                                      XL Zika                        when used lo           Zika virus infection in the
                                                                                    nmmhitic1n (as described in the        of Authorization ofthis letter              meets
                                                                             criteria set fbrth in section      of the Acl                   and



                                                                           Authorization                                                                              to the tem1s
                                                                           of this EUA and under the circumstances set forth in the                ofHHS's detennination
                                                                           descrihe.d                           of HHS's                 declaration under stx:liou               the
                                                                                                                      de:>cribed above is authorized to .c~;"'""''"~D
                                                                           infection in individuals           CDC Zika virus clinical cliteria         a                          and
                                                                           symptoms associated with Zika virus                      CDC Zika virus CO!tdemiokt~ti<::a
                                                                                         of residence in or travel to                     v.··ith active Zika transmission at the
                                                                           time of travel. or other                                    Zika virus           may be i11nli••"t''rl
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                                                                                                                                                                                                           EN30JN17.285</GPH>




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                                                  29902                            Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                                           Page 6


                                                                                   EUA will cease to be effective when tht\ HHS declatationlhai. circumstances
                                                                                      is terminated under section            ofthe Act or when the EUA is revoked under
                                                                                            of the Act



                                                                                              the                                                   XLZika
                                                                                           duration of this EUA:




                                                                           IV. Conditions of Authorization

                                                                           Pursuant to section 564 ofthe Act, l am ».tuhlich,ino the                       conditions on this
                                                                           authorization:



                                                                              A.        D.iaSorin and its authorized               will distribute the authorized         t~u'\t.::!vJ   XL
                                                                                        Zib                       with the authorized
                                                                                                                        to the authorized
                                                                                                                        and

                                                                              B.                                                        to authorized laboratories the
                                                                                        authorized                                    Fact Sheet for Bcalthcare Providers
                                                                                                                                              Fact Sheet               and
                                                                                                                                         Fact Sheets for Healthcare
                                                                                        Providers and Patients that OCET/OCS/OC and DMD/OIRICDRH may authorize.

                                                                              C.                                              will make available on their websites the
                                                                                                                                        Fact Sheet Ibr Healthcarc Providers
                                                                                                                                                Fact Sheet tr1r Patients, and
                                                                                        any additional             XL Zika                 Fact Sheets for Hcalthcare
                                                                                        Providers and Patients that OCET/OCS/OC and DTvfD/OIR/CDRH may authorize,

                                                                              D.        DiaSori11 and its authorized
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                                                                                                                                                                                              EN30JN17.286</GPH>




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                                                                                   Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                  29903

                                                                                                      l)iaSor!n Inc.




                                                                                    "'"""~"''·'""and its aui:lloltiz(:d aum·lt>Ittol·ts will ensure that authorized laboratori.es
                                                                                    the authorized L'."'''·:nJ'''                                     have                      for
                                                                                                     results to healthcare nr;~'.·tdl"l'>t                                          as


                                                                                               process                              DiaSorin and its !mthorized                    will
                                                                                    maintain records of d~:wice usage.

                                                                              G.    DiaSorin and lts authorized                will cQUec! intormation ()!l !he "'""''r...,.,.,.,,•.,
                                                                                    the assay. DiaSorin will rep<>rt to FDA any
                                                                                    false          results and            deviations      the established "A,.+;-, ...,.,.~"''a
                                                                                    characteristics of the assay of which DiaSorin becomes aware.

                                                                              H.    DiaSorin and its authorized                         are authorized to make             additional
                                                                                    information          to the en:ten~eltcv             of the aulhorized             XL Zika
                                                                                               that                                       not          the tenns ofthis letter of


                                                                            DlaSorin

                                                                              I.                                                                                            XL Zika
                                                                                                                                                                            authorized


                                                                              J.    DiaSorin will                           utw·>h,,.,.,..,,, witl1 a copy of this EUA, and
                                                                                    communicate to its authorized distrii)Ut•or(:sl                      amendments that             be
                                                                                    made to this EUA and its                                                     Fact
                                                                                    Instructions tor

                                                                              K.        DiaSorin may request
                                                                                        Fact Sheet for Healtheare l'rn,vt(lte~
                                                                                                    Sheet for Patients, DiaSorin n1ay also
                                                                                                                Fact Sheets for Healthcare Providers and
                                                                                                     ~·u•cuu~o;:~ to          Sheets. All such requests listed in this rm·u1iti!nn
                                                                                                                  made    DiaSorin in consultation       and           concurrence
                                                                                        Ot'::ETIOCS!OC and DMD/OIRJCDRH,

                                                                                                         request the addition of other instruments for use with the authorized
                                                                                                    XL Zika                          Such requests will he made      DiaSorin in
                                                                                        consultation                                       DMD/OlR/CDRH.

                                                                              M.                         request the addition of other            reagents for use with the authorized
                                                                                                          Zika                          Such requests will be made     DiaSorin in
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                                                  29904                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                                                    Ms.                  DiaSorin lnc.

                                                                                   consultati<m vvith, and                  concurrence ot: DMD/OIR/CDRR

                                                                                                                                                              .tbr usc with the authorized
                                                                                                                                                           will be made DiaSorin in


                                                                            0.                             request the addition c1f other ccmtro! materials    use            the authorized
                                                                                                         XL Zika                        Stlch          will be made           DiaSorin in
                                                                                                                                             Dl\1D/OlRlCDRH,

                                                                             P.    DiaSorin may request substitution for or        to the authmiztxl materials ustxl in the
                                                                                   detection process of the human anti~Zika     and human anti~Zika       in the"'"',.""'""
                                                                                   Such requests will be made    DiaSorin in consultation with, and         concurrence ot~
                                                                                   DMD/OIR/CDRR

                                                                                   DiaSorin will track adverse events and

                                                                             R.    DiaSorin will evaluate the"'"''"""'""''"
                                                                                   \Vttb
                                                                                   and



                                                                                                                                                                                       with
                                                                                   any FDA-recommended reference             After submission to FDA and
                                                                                   DMD/OIR/CDRII' s review of and concurrence with the                                                   its
                                                                                   H«''-'""15 1<1 reflect the additional


                                                                                                                                                          XL Zika                        and
                                                                                   report to DMD/OIR/CDRH on a semi-annual basis.

                                                                          Authorized Laboratories

                                                                                   Autborizt~  laboratories \Viii include with       of the results                    XL Zika
                                                                                                       the authmized Fact Sheet for               Providers and tl1e authorized
                                                                                   Fact Sheet for          and       additional            XL Zika                         Fact
                                                                                   Sheets for Hcalthcarc Providers and Patients that OCET/OCS/OC and DMD/OIR/CDRH
                                                                                   may authorize. Under                          other               methods for ul~il;<;;JtnuJ<ump:
                                                                                   these Fact Sheets may be used, whidl may include mass

                                                                             V.                                                                         XLZika                         on serum


                                                                             W.     AntJ,<..,,r;._,,.~   laboratories will         the             XL Zika                             on the
                                                                                                         XL            or on other authorized instruments.
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                                                                                                                                                                                                  EN30JN17.288</GPH>




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                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                       29905

                                                                                    fvts. tvleyer, DlaSorin .Inc.
                                                                                                                            territories, authorized labomtorit."S will report all
                                                                                                                                              recent Zika                   to l)iaSorin.




                                                                            Z.     Authorized laboratories will have a process in                               test results to healthcarc
                                                                                   ·~""""''l"'r~ and relevant    health

                                                                            AA. Authorized laboratories will collect information on the ,.,.,,f}v~·"''"''~
                                                                                to DMDiOIR/CDRH



                                                                            BB.




                                                                                                                               and Authorized Laboratol'ies

                                                                            CC.              its authorized              and authorized laboratories will ensure that any
                                                                                   records associated with this EUA arc maintained until notified   FDA. Such records will
                                                                                   be made available to FDA                upon

                                                                          Conditions Related to

                                                                            DD, All     '"iv•••1i•<inn                                                                       ofthe
                                                                                   authori.zed
                                                                                   Fact Sheets and authorized '"u,cuug,                                                       and the
                                                                                   app,licatbie reu\lir,em<)nts set forth

                                                                                                                                                                    the use ofthe
                                                                                                                                                                    COtlSPJCil!OU'SlY state




                                                                                                 This test has been authorized          FDA under an EUA fbr use          authorized
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                                                  29906                           Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices




                                                    Dated: June 26, 2017.                                 and personal information concerning                      Time: 9:00 a.m. to 5:00 p.m.
                                                  Anna K. Abram,                                          individuals associated with the grant                    Agenda: To review and evaluate grant
                                                  Deputy Commissioner for Policy, Planning,               applications, the disclosure of which                  applications.
                                                  Legislation, and Analysis.                              would constitute a clearly unwarranted                   Place: National Institutes of Health,
                                                  [FR Doc. 2017–13720 Filed 6–29–17; 8:45 am]             invasion of personal privacy.                          Neuroscience Center, 6001 Executive
                                                                                                                                                                 Boulevard, Rockville, MD 20852 (Telephone
                                                  BILLING CODE 4164–01–P                                    Name of Committee: National Institute on
                                                                                                                                                                 Conference Call).
                                                                                                          Drug Abuse Special Emphasis Panel;
                                                                                                          Mechanism for Time-Sensitive Drug Abuse                  Contact Person: Hiromi Ono, Ph.D.,
                                                  DEPARTMENT OF HEALTH AND                                Research (R21).                                        Scientific Review Officer, Office of
                                                  HUMAN SERVICES                                            Date: July 17, 2017.                                 Extramural Policy and Review, National
                                                                                                            Time: 1:00 p.m. 2:00 p.m.                            Institute on Drug Abuse, National Institutes
                                                  National Institutes of Health                             Agenda: To review and evaluate grant                 of Health, DHHS, 6001 Executive Boulevard,
                                                                                                          applications.                                          Room 4238, MSC 9550, Bethesda, MD 20892,
                                                  National Institute on Drug Abuse;                         Place: National Institutes of Health,                301–827–5820, hiromi.ono@nih.gov.
                                                  Notice of Closed Meetings                               Neuroscience Center, 6001 Executive
                                                                                                          Boulevard, Rockville, MD 20852 (Telephone              (Catalogue of Federal Domestic Assistance
                                                    Pursuant to section 10(d) of the                      Conference Call).                                      Program Nos.: 93.279, Drug Abuse and
                                                  Federal Advisory Committee Act, as                        Contact Person: Ivan K. Navarro, Ph.D.,              Addiction Research Programs, National
                                                  amended (5 U.S.C. App), notice is                       Scientific Review Officer, Office of                   Institutes of Health, HHS)
                                                  hereby given of the following meetings.                 Extramural Policy and Review, Division of                Dated: June 26, 2017.
                                                                                                          Extramural Research, National Institute on
                                                    The meetings will be closed to the                                                                           Natasha M. Copeland,
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          Drug Abuse, NIH, DHHS, 6001 Executive
                                                  public in accordance with the                           Boulevard, Room 4242, MSC 9550, Bethesda,              Program Analyst, Office of Federal Advisory
                                                  provisions set forth in sections                        MD 20892, 301–827–5833, ivan.navarro@                  Committee Policy.
                                                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,              nih.gov.                                               [FR Doc. 2017–13696 Filed 6–29–17; 8:45 am]
                                                  as amended. The grant applications and                    Name of Committee: National Institute on             BILLING CODE 4140–01–P
                                                  the discussions could disclose                          Drug Abuse Special Emphasis Panel; SEP II:
                                                  confidential trade secrets or commercial                Multi-site Clinical Trials.
                                                  property such as patentable material,
                                                                                                                                                                                                                EN30JN17.290</GPH>




                                                                                                            Date: July 27, 2017.



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Document Created: 2017-06-30 06:01:51
Document Modified: 2017-06-30 06:01:51
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 for Nanobiosym Diagnostics, Inc. is effective as of March 20, 2017; the Authorization for DiaSorin Inc. is effective as of April 5, 2017.
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 Citation82 FR 29886 

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