Notice2023-12523
Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Administrative Practices and Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 12, 2023
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA, Agency, or we) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 88 Issue 112 (Monday, June 12, 2023)</title>
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[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38057-38058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12523]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2023-N-0134]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Administrative
Practices and Procedures
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.
DATES: Submit written comments (including recommendations) on the
collection of information by July 12, 2023.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0191. Also include the FDA docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852, 301-796-5733,
<a href="/cdn-cgi/l/email-protection#c696948795b2a7a0a086a0a2a7e8aeaeb5e8a1a9b0"><span class="__cf_email__" data-cfemail="18484a594b6c797e7e587e7c793670706b367f776e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
FDA Administrative Practices and Procedures
OMB Control No. 0910-0191--Revision
This information collection helps support implementation of FDA
regulations found in part 10 (21 CFR part 10), parts 12 through 16 (21
CFR parts 12 through 16), and part 19 (21 CFR part 19). These
regulations are established in accordance with the Administrative
Procedures Act (5 U.S.C. subchapter II) and implement administrative
practice and procedures to give instructions to those conducting
business with FDA. Regulations in part 10 describe general
administrative practices and include content and format instruction on
submitting information to the Agency, petitions for Agency action, and
other topics such as the public calendar. Regulations in parts 12
through 16 cover formal evidentiary, public, and regulatory hearings.
The information collection also includes burden associated with waiver
requests under Sec. 10.19 (21 CFR 10.19). Unless a waiver, suspension,
or modification submitted under Sec. 10.19 is granted by the
Commissioner of Food and Drugs, the regulations in part 10 apply to all
petitions, hearings, and other administrative proceedings and
activities conducted by FDA. Because information associated with
regulations in parts 12 through 16 is obtained during the conduct of an
official administrative action as described under 5 CFR 1320.4, we
account only for burden we attribute to initiating the respective
actions.
The information collection also includes burden associated with
general meeting requests and correspondence submitted to FDA under
Sec. 10.65 (21 CFR 10.65), as well as general submissions associated
with Sec. 10.115 (21 CFR 10.115) which provides for public
participation in the development of Agency guidance documents through
requests to our Dockets Management Staff. Most burden attributable to
recommendations found in FDA guidance documents is accounted for within
information collection request approvals respective to the topic-
specific guidance document; however here we are accounting for burden
associated with general public submissions as described in Sec.
10.115(f)(3).
The information collection also includes burden that may be
associated with the procedural guidance document, ``Citizen Petitions
and Petitions for Stay of Action Subject to Section 505(q) of the
Federal Food, Drug, and Cosmetic Act'' (September 2019), available for
download from our website at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/citizen-petitions-and-petitions-stay-action-subject-section-505q-federal-food-drug-and-cosmetic-act">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/citizen-petitions-and-petitions-stay-action-subject-section-505q-federal-food-drug-and-cosmetic-act</a>. The guidance document provides information regarding our
current thinking on interpreting section 505(q) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(q)) and includes procedural
instruction on submitting certain citizen petitions and petitions for
stay of FDA action. The guidance document also describes how FDA
interprets the provisions of section 505(q) requiring that (1) a
petition include a certification and (2) supplemental information or
comments on a petition include a verification. It also addresses the
relationship between the review of petitions and pending abbreviated
new drug applications (ANDAs), 505(b)(2) applications, and 351(k)
applications for which a decision on approvability has not yet been
made.
In the Federal Register of February 7, 2023 (88 FR 7981), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received. On our own
initiative, however we are revising the information collection to
include requests for FDA speakers. As communicated on our website at
<a href="https://www.fda.gov/training-and-continuing-education/contacts-requesting-fda-speaker">https://www.fda.gov/training-and-continuing-education/contacts-requesting-fda-speaker</a>, FDA receives thousands of requests each year
from trade associations and industry-based groups for speakers to
participate in external meetings, conferences, and workshops. To
facilitate the processing of these requests and direct them
appropriately to determine participation, we have developed web-based
templates and questionnaires, and have established dedicated points of
contact throughout the Agency. We have therefore revised the estimated
burden for the information collection as follows:
[[Page 38058]]
Table 1--Estimated Annual Reporting Burden \1\
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Number of
21 CFR section Number of responses per Total annual Average burden Total hours
respondents respondent responses per response
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10.19--request for waiver, 7 1 7 1............... 7
suspension, or modification
of requirements.
10.30 and 10.31--citizen 200 1 200 24.............. 4,800
petitions and petitions
related to ANDAs certain
NDAs,\2\ or certain BLAs \3\.
10.33--administrative 9 1 9 10.............. 90
reconsideration of action.
10.35--administrative stay of 12 1 12 10.............. 120
action.
10.65--meetings and 37 1 37 5............... 185
correspondence.
10.85--requests for Advisory 1 1 1 16.............. 16
opinions.
10.115(f)(3)--submitting draft 26 1 26 4............... 104
guidance proposals.
12.22--Filing objections and 18 1 18 20.............. 360
requests for a hearing on a
regulation or order.
12.45--Notice of participation 5 1 5 3............... 15
External requests for FDA 3,900 1 3,900 0.17 (10 663
speakers. minutes).
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Total..................... .............. .............. 4,215 ................ 6,360
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ New drug applications.
\3\ Biologics license applications.
Based on submissions to FDA's Division of Dockets Management since
our last evaluation of the information collection, we have made
adjustments to burden estimates associated with the individual
activities that correspond to the applicable provisions.
We have also added 3,900 responses and 663 hours, annually, to
reflect burden we believe is associated with requests to FDA for
speaker participation at an external Agency event, assuming an average
burden of 10 minutes for each request. As a result of these
adjustments, the information collection reflects an annual increase in
responses of 3,119 and an annual decrease in hours of 3,360.
Dated: June 7, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-12523 Filed 6-9-23; 8:45 am]
BILLING CODE 4164-01-P
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