[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43877-43880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15699]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1584]


Authorization of Emergency Use of Certain Medical Devices During 
COVID-19; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the issuance of Emergency Use Authorizations (EUAs) (the 
Authorizations) for certain medical devices related to the Coronavirus 
Disease 2019 (COVID-19) public health emergency. FDA has issued the 
Authorizations listed in this document under the Federal Food, Drug, 
and Cosmetic Act (FD&C Act). These Authorizations contain, among other 
things, conditions on the emergency use of the authorized products. The 
Authorizations follow the February 4, 2020, determination by the 
Secretary of Health and Human Services (HHS) that there is 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 the virus that causes COVID-19, and the subsequent 
declarations on February 4, 2020, March 2, 2020, and March 24, 2020, 
that circumstances exist justifying the authorization of emergency use 
of in vitro diagnostics for detection and/or diagnosis of the virus 
that causes COVID-19, personal respiratory protective devices, and 
medical devices, including alternative products used as medical 
devices, respectively, subject to the terms of any authorization issued 
under the FD&C Act. These Authorizations, which include an explanation 
of the reasons for issuance, are listed in this document, and can be 
accessed on FDA's website from the links indicated.

DATES: These Authorizations are effective on their date of issuance.

ADDRESSES: Submit written requests for single copies of an EUA to the 
Office of Counterterrorism and Emerging Threats, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver 
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist 
that office in processing your request or include a Fax number to which 
the Authorization may be sent. See the SUPPLEMENTARY INFORMATION

[[Page 43878]]

section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Jennifer J. Ross, Office of 
Counterterrorism and Emerging Threats, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 1, Rm. 4332, 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) allows FDA to 
strengthen the public health protections against biological, chemical, 
radiological, or nuclear agent or agents. Among other things, section 
564 of the FD&C Act allows FDA to authorize the use of an unapproved 
medical product or an unapproved use of an approved medical product in 
certain situations. With this EUA authority, FDA can help ensure that 
medical countermeasures may be used in emergencies to diagnose, treat, 
or prevent serious or life-threatening diseases or conditions caused by 
a biological, chemical, radiological, or nuclear agent or 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, including personnel operating under the 
authority of title 10 or title 50 of the U.S. Code, of attack with (A) 
a biological, chemical, radiological, or nuclear agent or agents; or 
(B) an agent or agents that may cause, or are otherwise associated 
with, an imminently life-threatening and specific risk to U.S. military 
forces; \1\ (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 pursuant to 
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.
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    \1\ In the case of a determination by the Secretary of Defense, 
the Secretary of HHS shall determine within 45 calendar days of such 
determination, whether to make a declaration under section 564(b)(1) 
of the FD&C Act, and, if appropriate, shall promptly make such a 
declaration.
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    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. Under section 564(h)(1) of the FD&C Act, revisions to 
an authorization shall be made available on the internet website of 
FDA. Section 564 of the FD&C Act permits FDA to authorize the 
introduction into interstate commerce of a drug, device, or biological 
product intended for use when the Secretary of HHS has declared that 
circumstances exist justifying the authorization of emergency use. 
Products appropriate for emergency use may include products and uses 
that are not approved, cleared, or licensed under section 505, 510(k), 
512, or 515 of the FD&C Act (21 U.S.C. 355, 360(k), 360b, or 360e) or 
section 351 of the PHS Act (42 U.S.C. 262), or conditionally approved 
under section 571 of the FD&C Act (21 U.S.C. 360ccc). 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 \2\ 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; (4) in 
the case of a determination described in section 564(b)(1)(B)(ii), that 
the request for emergency use is made by the Secretary of Defense; and 
(5) that such other criteria as may be prescribed by regulation are 
satisfied. No other criteria for issuance have been prescribed by 
regulation under section 564(c)(4) of the FD&C Act.
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    \2\ 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.
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II. Electronic Access

    An electronic version of this document and the full text of the 
Authorizations are available on the internet and can be accessed from 
https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization.

III. The Authorizations

    Having concluded that the criteria for the issuance of the 
following Authorizations under section 564(c) of the FD&C Act are met, 
FDA has authorized the emergency use of the following products for 
diagnosing, treating, or preventing COVID-19 subject to the terms of 
each Authorization. The Authorizations in their entirety, including any 
authorized fact sheets and other written materials, can be accessed 
from the FDA web page entitled ``Emergency Use Authorization,'' 
available at https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization. 
The lists that follow include Authorizations issued from January 25, 
2022, through June 15, 2022, and we have included explanations of the 
reasons for their issuance, as required by section 564(h)(1) of the 
FD&C Act. In addition, the EUAs that have been reissued can be accessed 
from

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FDA's web page: https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization.
    FDA is hereby announcing the following Authorizations for molecular 
diagnostic and antigen tests for COVID-19, excluding multianalyte 
tests: \3\
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    \3\ As set forth in the EUAs for these products, FDA has 
concluded that: (1) SARS-CoV-2, the virus that causes COVID-19, can 
cause a serious or life-threatening disease or condition, including 
severe respiratory illness, to humans infected by this virus; (2) 
based on the totality of scientific evidence available to FDA, it is 
reasonable to believe that the products may be effective in 
diagnosing COVID-19, and that the known and potential benefits of 
the products, when used for diagnosing COVID-19, outweigh the known 
and potential risks of such products; and (3) there is no adequate, 
approved, and available alternative to the emergency use of the 
products.
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     Fluidigm Corporation's Advanta Dx COVID-19 EASE Assay, 
issued February 7, 2022;
     Uh-Oh Labs Inc.'s UOL COVID-19 Test, issued February 8, 
2022;
     Oceanit Foundry LLC's ASSURE-100 Rapid COVID-19 Test, 
issued February 28, 2022;
     Siemens Healthcare Diagnostics, Inc.'s ADVIA Centaur SARS-
CoV-2 Antigen (CoV2Ag), issued March 11, 2022;
     Siemens Healthcare Diagnostics, Inc.'s Atellica IM SARS-
CoV-2 Antigen (CoV2Ag), issued March 11, 2022;
     Minute Molecular Diagnostics, Inc.'s DASH SARS-CoV-2/S 
Test, issued March 15, 2022;
     PHASE Scientific International, Ltd.'s INDICAID COVID-19 
Rapid Antigen At-Home Test, issued March 16, 2022;
     Helix OpCo LLC's (dba Helix) Helix SARS-CoV-2 Test, issued 
March 17, 2022;
     Quest Diagnostics Nichols Institute's Quest RC COVID-19 
PCR DTC, issued March 21, 2022;
     Quest Diagnostics Nichols Institute's Quest PF COVID-19 
PCR DTC, issued March 21, 2022;
     Quest Diagnostics Nichols Institute's Quest COVID-19 PCR 
DTC, issued March 21, 2022;
     DC Department of Health's Test Yourself DC At-Home COVID-
19 Collection Kit, issued April 6, 2022;
     OSANG LLC's OHC COVID-19 Antigen Self Test, issued April 
6, 2022;
     Xiamen Boson Biotech Co., Ltd.'s Rapid SARS-CoV-2 Antigen 
Test Card, issued April 6, 2022;
     UCSD BCG EXCITE Lab's UCSD EXCITE COVID-19 EL Test, issued 
April 7, 2022;
     MicroGEM U.S., Inc.'s MicroGEM Sal6830 SARS-CoV-2 Saliva 
Test, issued April 14, 2022;
     LGC, Biosearch Technologies's Biosearch Technologies SARS-
CoV-2 ultra-high-throughput End-Point RT-PCR Test, issued April 26, 
2022;
     Abbott Diagnostics Scarborough, Inc.'s ID NOW COVID-19 
2.0, issued May 6, 2022;
     Cepheid's Xpert Xpress CoV-2 plus, issued May 10, 2022;
     Nexus Medical Labs, LLC.'s Nexus High Throughput SARS-CoV-
2 Assay, issued May 17, 2022;
     DxLab Inc.'s DxLab COVID-19 Test, issued June 1, 2022;
     Roche Molecular Systems, Inc.'s cobas SARS-CoV-2 Duo for 
use on the cobas 6800/8800 Systems (cobas SARS-CoV-2 Duo), issued June 
14, 2022;
    FDA is hereby announcing the following Authorizations for serology 
tests: \4\
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    \4\ As set forth in the EUAs for these products, FDA has 
concluded that: (1) SARS-CoV-2 can cause a serious or life-
threatening disease or condition, including severe respiratory 
illness, to humans infected by this virus; (2) based on the totality 
of scientific evidence available to FDA, it is reasonable to believe 
that the products may be effective in diagnosing recent or prior 
infection with SARS-CoV-2 by identifying individuals with an 
adaptive immune response to the virus that causes COVID-19, and that 
the known and potential benefits of the products when used for such 
use, outweigh the known and potential risks of the products; and (3) 
there is no adequate, approved, and available alternative to the 
emergency use of the products.
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     LG Chem, Ltd.'s AdvanSure SARS-CoV-2 IgG(S1) ELISA, issued 
May 19, 2022;
     LG Chem, Ltd.'s AdvanSure SARS-CoV-2 IgG(RBD) ELISA, 
issued May 31, 2022.
    FDA is hereby announcing the following Authorizations for 
multianalyte in vitro diagnostics:
     Cleveland Clinic Robert J. Tomsich Pathology and 
Laboratory Medicine Institute's SelfCheck cobas SARS-CoV-2 + Flu Assay, 
issued April 11, 2022; \5\
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    \5\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19 through the simultaneous qualitative 
detection and differentiation of SARS-CoV-2, influenza A virus, and/
or influenza B virus ribonucleic acid (RNA) and that the known and 
potential benefits of the product when used for diagnosing COVID-19, 
outweigh the known and potential risks of the product; and (3) there 
is no adequate, approved, and available alternative to the emergency 
use of the product.
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     OPTI Medical Systems, Inc.'s OPTI SARS-CoV-2/Influenza A/B 
RT-PCR Test (Version 1 and Version 2), issued April 21, 2022; \6\
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    \6\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19 through the simultaneous qualitative 
detection and differentiation of SARS-CoV-2, influenza A virus, and/
or influenza B virus RNA and that the known and potential benefits 
of the product when used for diagnosing COVID-19, outweigh the known 
and potential risks of the product; and (3) there is no adequate, 
approved, and available alternative to the emergency use of the 
product.
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     Laboratory Corporation of America's (Labcorp's) Labcorp 
Seasonal Respiratory Virus RT-PCR DTC Test, issued May 16, 2022; \7\
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    \7\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19 through the simultaneous qualitative 
detection and differentiation of SARS-CoV-2, influenza A virus, 
influenza B virus and/or respiratory syncytial virus (RSV) RNA and 
that the known and potential benefits of the product when used for 
diagnosing COVID-19, outweigh the known and potential risks of the 
product; and (3) there is no adequate, approved, and available 
alternative to the emergency use of the product.
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     Laboratory Corporation of America's (Labcorp's) Labcorp 
Seasonal Respiratory Virus RT-PCR Test, issued May 17, 2022; \8\
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    \8\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19 through the simultaneous qualitative 
detection and differentiation of SARS-CoV-2, influenza A virus, 
influenza B virus and/or RSV RNA and that the known and potential 
benefits of the product when used for diagnosing COVID-19, outweigh 
the known and potential risks of the product; and (3) there is no 
adequate, approved, and available alternative to the emergency use 
of the product.
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    FDA is hereby announcing the following Authorization for a SARS-
CoV-2 genotyping test:
     Laboratory Corporation of America's (Labcorp's) Labcorp 
VirSeq SARS-CoV-2 NGS Test, issued June 10, 2022.\9\
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    \9\ As set forth in the EUAs for this product, FDA has concluded 
that: (1) SARS-CoV-2, the virus that causes COVID-19, can cause a 
serious or life-threatening disease or condition, including severe 
respiratory illness, to humans infected by this virus; (2) based on 
the totality of scientific evidence available to FDA, it is 
reasonable to believe that the product may be effective in 
diagnosing COVID-19, through the identification and differentiation 
of SARS-CoV-2 Phylogenetic Assignment of Named Global Outbreak 
(PANGO) lineages, and that the known and potential benefits of the 
product, when used for diagnosing COVID-19, outweigh the known and 
potential risks of such product; and (3) there is no adequate, 
approved, and available alternative to the emergency use of the 
product.
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    FDA is hereby announcing the following Authorization for a SARS-
CoV-2 diagnostic test that analyzes breath samples:

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     InspectIR Systems LLC's InspectIR COVID-19 Breathalyzer, 
issued April 14, 2022; \10\
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    \10\ As set forth in the EUAs for this product, FDA has 
concluded that: (1) SARS-CoV-2, the virus that causes COVID-19, can 
cause a serious or life-threatening disease or condition, including 
severe respiratory illness, to humans infected by this virus; (2) 
based on the totality of scientific evidence available to FDA, it is 
reasonable to believe that the product may be effective in 
diagnosing COVID-19, and that the known and potential benefits of 
the product, when used for diagnosing COVID-19, outweigh the known 
and potential risks of such product; and (3) there is no adequate, 
approved, and available alternative to the emergency use of the 
product.
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    FDA is hereby announcing the following Authorizations for other 
medical devices:
     Quest Diagnostics Nichols Institute's Quest COVID-19 PCR 
Test Home Collection Kit, issued March 21, 2022; \11\
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    \11\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19, by serving as an appropriate means to 
collect and transport human specimens so that an authorized 
laboratory can detect SARS-CoV-2 RNA from the home-collected human 
specimen, and that the known and potential benefits of the product 
when used for diagnosing COVID-19, outweigh the known and potential 
risks of the product; and (3) there is no adequate, approved, and 
available alternative to the emergency use of the product.
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     Audere's [email protected] Fusion, issue April 26, 
2022.\12\
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    \12\ As set forth in the EUA, FDA has concluded that: (1) SARS-
CoV-2 can cause a serious or life-threatening disease or condition, 
including severe respiratory illness, to humans infected by this 
virus; (2) based on the totality of scientific evidence available to 
FDA, it is reasonable to believe that the product may be effective 
in diagnosing COVID-19 by serving as an appropriate means to collect 
and transport human specimens so that an authorized laboratory can 
detect SARS-CoV-2 RNA from the collected human specimen, and that 
the known and potential benefits of the product when used for such 
use, outweigh the known and potential risks of the product; and (3) 
there is no adequate, approved, and available alternative to the 
emergency use of the product.

    Dated: July 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-15699 Filed 7-21-22; 8:45 am]
BILLING CODE 4164-01-P


