Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; General Administrative Procedures: Citizen Petitions; Petition for Reconsideration or Stay of Action; Advisory Opinions, 32552-32554 [2014-13037]

Download as PDF 32552 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices Number of respondents Instrument Grantees .......................................................................................................... Sub-Grantees (in states with sub-grantee managed systems) ....................... Large Energy Vendors (largest 5 electric, 5 gas, 10 fuel oil, and 10 propane vendors per state—average) ....................................................................... Small Energy Vendors (excluded except in special circumstances) ............... Number of responses per respondent 51 Average burden hours per response Total burden hours 1 1 100 80 5,100 16,000 200 1 1 40 10 61,200 2,000 1,981 1 ( 2) 84,300 1 200 1 1,530 Total Annual Burden Hours ...................................................................... 1 Estimate. 2 Varies. The following burden estimates pertain to the grantee survey section of the form: ANNUAL BURDEN ESTIMATES FOR LIHEAP PERFORMANCE DATA FORM: PART I—LIHEAP GRANTEE SURVEY Number of respondents Number of responses per respondent Average hour burden per response Total burden hours 51 1 3.5 178.50 Grantees .......................................................................................................... Additional Information Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L’Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: infocollection@acf.hhs.gov. OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: OIRA_ SUBMISSION@OMB.EOP.GOV Attn: Desk Officer for the Administration for Children and Families. Robert Sargis, Reports Clearance Officer. rmajette on DSK2TPTVN1PROD with NOTICES [FR Doc. 2014–13031 Filed 6–4–14; 8:45 am] BILLING CODE 4184–01–P VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2011–N–0627] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; General Administrative Procedures: Citizen Petitions; Petition for Reconsideration or Stay of Action; Advisory Opinions AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) 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: Fax written comments on the collection of information by July 7, 2014. SUMMARY: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0183. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. 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. FOR FURTHER INFORMATION CONTACT: General Administrative Procedures: Citizen Petitions; Petition for Reconsideration or Stay of Action; Advisory Opinions—(OMB Control Number 0910–0183)—Extension The Administrative Procedures Act (5 U.S.C. 553(e)), provides that every Agency shall give an interested person the right to petition for issuance, amendment, or repeal of a rule. Section 10.30 (21 CFR 10.30) sets forth the format and procedures by which an interested person may submit to FDA, in accordance with § 10.20 (21 CFR 10.20) (Submission of documents to Division of Dockets Management), a citizen petition requesting the Commissioner of Food and Drugs (the Commissioner) to issue, amend, or revoke a regulation or order, or to take or refrain from taking any other form of administrative action. The Commissioner may grant or deny such a petition, in whole or in part, and may grant such other relief or take other action as the petition warrants. Respondents are individuals or households, State or local governments, not-for-profit institutions, or groups. Section 10.33 (21 CFR 10.33) issued under section 701(a) of the Federal, E:\FR\FM\05JNN1.SGM 05JNN1 32553 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 371(a)), sets forth the format and procedures by which an interested person may request reconsideration of part or all of a decision of the Commissioner on a petition submitted under 21 CFR 10.25 (Initiation of administrative proceedings). A petition for reconsideration must contain a full statement in a well-organized format of the factual and legal grounds upon which the petition relies. The grounds must demonstrate that relevant information and views contained in the administrative record were not previously or not adequately considered by the Commissioner. The respondent must submit a petition no later than 30 days after the decision involved. However, the Commissioner may, for good cause, permit a petition to be filed after 30 days. An interested person who wishes to rely on information or views not included in the administrative record shall submit them with a new petition to modify the decision. FDA uses the information provided in the request to determine whether to grant the petition for reconsideration. Respondents to this collection of information are individuals of households, State or local governments, not-for-profit institutions, and businesses or other for-profit institutions who are requesting from the Commissioner of FDA a reconsideration of a matter. Section 10.35 (21 CFR 10.35), issued under section 701(a) of the FD&C Act, sets forth the format and procedures by which an interested person may request, in accordance with § 10.20 (Submission of documents to Division of Dockets Management), the Commissioner to stay the effective date of any administrative action. Such a petition must do the following: (1) Identify the decision involved; (2) state the action requested, including the length of time for which a stay is requested; and (3) include a statement of the factual and legal grounds on which the interested person relies in seeking the stay. FDA uses the information provided in the request to determine whether to grant the petition for stay of action. Respondents to this information collection are interested persons who choose to file a petition for an administrative stay of action. Section 10.85 (21 CFR 10.85), issued under section 701(a) of the FD&C Act sets forth the format and procedures by which an interested person may request, in accordance with § 10.20 (Submission of documents to Division of Dockets Management), an advisory opinion from the Commissioner on a matter of general applicability. An advisory opinion represents the formal position of FDA on a matter of general applicability. When making a request, the petitioner must provide a concise statement of the issues and questions on which an opinion is requested, and a full statement of the facts and legal points relevant to the request. Respondents to this collection of information are interested persons seeking an advisory opinion from the Commissioner on the Agency’s formal position for matters of general applicability. In the Federal Register of March 20, 2014 (79 FR 15594), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of respondents 21 CFR Section 10.30 10.33 10.35 10.85 Number of responses per respondent Total annual responses Average burden per response Total hours .................................................................................... .................................................................................... .................................................................................... .................................................................................... 207 4 5 4 1 1 1 1 207 4 5 4 24 10 10 16 4,968 40 50 64 Total .............................................................................. ........................ ........................ ........................ ........................ 5,122 rmajette on DSK2TPTVN1PROD with NOTICES 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The burden estimates for this collection of information are based on Agency records. On December 19, 2013, FDA published a technical amendment (78 FR 76748) announcing that the Agency is modernizing its administrative regulations regarding submission of citizen petitions to explicitly provide for electronic submission. The current regulation does not recognize electronic methods for submitting citizen petitions; thus, this action will enable efficiency and ease in the filing of citizen petitions. The Agency still allows for nonelectronic submissions; however, electronic submissions of a citizen petition to a specific electronic docket presents a simpler and more straightforward approach. FDA has created a single docket on https:// VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 www.regulations.gov, the U.S. Government’s consolidated docket Web site for Federal Agencies, for the initial electronic submission of all citizen petitions. The FDA Electronic Method for Submission of Citizen Petitions Docket, Docket No. FDA 2013–S–0610, allows the petitioner to create an electronic submission through https:// www.regulations.gov and provides an alternative to the current system of submission for citizen petitions. Electronic submissions through https://www.regulations.gov will provide the submitter with an immediate record of the time of submission. FDA’s Division of Dockets Management (DDM) (https://www.fda.gov/ RegulatoryInformation/Dockets/ default.htm) will continue to inform the submitter of formal filing; however, tracking will be more easily PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 accomplished through electronic submission. DDM will receive the electronically submitted citizen petition through the Federal Dockets Management System, the Agency component of https:// www.regulations.gov. Subsequently, DDM will review the electronic submission and when it accepts the citizen petition for filing, DDM will assign a docket number to that petition, different from the FDA electronic submission docket number. This unique docket number from DDM identifies the docket for that particular citizen petition for all future filings and submissions related only to that citizen petition. Subsequent submissions associated with that citizen petition will refer to the assigned unique docket number. The advantage to this change is that it ensures efficiency and ease in E:\FR\FM\05JNN1.SGM 05JNN1 32554 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices communication, quicker interaction between citizen petitioners and FDA, and easier access to FDA to seek input through the citizen petition process. Dated: May 29, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–13037 Filed 6–4–14; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0110] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Prescription Drug Advertisements AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) 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: Fax written comments on the collection of information by July 7, 2014. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0686. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. 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. rmajette on DSK2TPTVN1PROD with NOTICES SUMMARY: Prescription Drug Advertisements— (OMB Control Number 0910–0686)— Extension Section 502(n) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 (21 U.S.C. 352(n)) requires that manufacturers, packers, and distributors (sponsors) who advertise prescription human and animal drugs, including biological products for humans, disclose in advertisements certain information about the advertised product’s uses and risks. For prescription drugs and biologics, section 502(n) of the FD&C Act requires advertisements to contain ‘‘. . . a true statement . . .’’ of certain information including ‘‘. . . information in brief summary relating to side effects, contraindications, and effectiveness . . .’’ as required by regulations issued by FDA. FDA’s prescription drug advertising regulations at § 202.1 (21 CFR 202.1) describe requirements and standards for print and broadcast advertisements. Section 202.1 applies to advertisements published in journals, magazines, other periodicals, and newspapers, and advertisements broadcast through media such as radio, television, and telephone communication systems. Print advertisements must include a brief summary of each of the risk concepts from the product’s approved package labeling (§ 202.1(e)(1)). Advertisements that are broadcast through media such as television, radio, or telephone communications systems must disclose the major risks from the product’s package labeling in either the audio or audio and visual parts of the presentation (§ 202.1(e)(1)); this disclosure is known as the ‘‘major statement’’. If a broadcast advertisement omits the major statement, or if the major statement minimizes the risks associated with the use of the drug, the advertisement could render the drug misbranded in violation of section 502(n) of the FD&C Act, section 201(n) of the FD&C Act (21 U.S.C. 321(n)), and FDA’s implementing regulations at § 202.1(e). Advertisements subject to the requirements at § 202.1 are subject to the Paperwork Reduction Act of 1995 (the PRA) because these advertisements disclose information to the public. In addition, § 202.1(e)(6) and (j) include provisions that are subject to OMB approval under the PRA. Reporting to FDA Section 202.1(e)(6) permits a person who would be adversely affected by the enforcement of a provision of § 202.1(e)(6) to request a waiver from FDA for that provision. The waiver request must set forth clearly and concisely the petitioner’s interest in the advertisement, the specific provision of § 202.1(e)(6) from which a waiver is sought, a complete copy of the PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 advertisement, and a showing that the advertisement is not false, lacking in fair balance or otherwise misleading, or otherwise violative of section 502(n) of the FD&C Act. Section 202.1(j), which sets forth requirements for the dissemination of advertisements subject to the standards in § 202.1(e), contains the following information collection that is subject to the PRA: Under § 202.1(j)(1), a sponsor must submit advertisements to FDA for prior approval before dissemination if: (1) The sponsor or FDA has received information that has not been widely publicized in medical literature that the use of the drug may cause fatalities or serious damage; (2) FDA has notified the sponsor that the information must be part of the advertisements for the drug; and (3) the sponsor has failed to present to FDA a program for assuring that such information will be publicized promptly and adequately to the medical profession in subsequent advertisements, or if such a program has been presented to FDA but is not being followed by the sponsor. Under § 202.1(j)(1)(iii), a sponsor must provide to FDA a program for assuring that significant new adverse information about the drug that becomes known (i.e., use of drug may cause fatalities or serious damage) will be publicized promptly and adequately to the medical profession in any subsequent advertisements. Under § 202.1(j)(4), a sponsor may voluntarily submit advertisements to FDA for comment prior to publication. Disclosures to the Public Under § 202.1, advertisements for human and animal prescription drug and biological products must comply with the standards described in that section. Under § 202.1(j)(1), if information that the use of a prescription drug may cause fatalities or serious damage has not been widely publicized in the medical literature, a sponsor must include such information in the advertisements for that drug. In the Federal Register of February 27, 2014 (79 FR 11112), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received. FDA estimates the burden of this collection of information as follows: E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Pages 32552-32554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13037]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0627]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; General 
Administrative Procedures: Citizen Petitions; Petition for 
Reconsideration or Stay of Action; Advisory Opinions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) 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: Fax written comments on the collection of information by July 7, 
2014.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0183. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, PRAStaff@fda.hhs.gov.

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.

General Administrative Procedures: Citizen Petitions; Petition for 
Reconsideration or Stay of Action; Advisory Opinions--(OMB Control 
Number 0910-0183)--Extension

    The Administrative Procedures Act (5 U.S.C. 553(e)), provides that 
every Agency shall give an interested person the right to petition for 
issuance, amendment, or repeal of a rule. Section 10.30 (21 CFR 10.30) 
sets forth the format and procedures by which an interested person may 
submit to FDA, in accordance with Sec.  10.20 (21 CFR 10.20) 
(Submission of documents to Division of Dockets Management), a citizen 
petition requesting the Commissioner of Food and Drugs (the 
Commissioner) to issue, amend, or revoke a regulation or order, or to 
take or refrain from taking any other form of administrative action.
    The Commissioner may grant or deny such a petition, in whole or in 
part, and may grant such other relief or take other action as the 
petition warrants. Respondents are individuals or households, State or 
local governments, not-for-profit institutions, or groups.
    Section 10.33 (21 CFR 10.33) issued under section 701(a) of the 
Federal,

[[Page 32553]]

Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 371(a)), sets 
forth the format and procedures by which an interested person may 
request reconsideration of part or all of a decision of the 
Commissioner on a petition submitted under 21 CFR 10.25 (Initiation of 
administrative proceedings). A petition for reconsideration must 
contain a full statement in a well-organized format of the factual and 
legal grounds upon which the petition relies. The grounds must 
demonstrate that relevant information and views contained in the 
administrative record were not previously or not adequately considered 
by the Commissioner. The respondent must submit a petition no later 
than 30 days after the decision involved. However, the Commissioner 
may, for good cause, permit a petition to be filed after 30 days. An 
interested person who wishes to rely on information or views not 
included in the administrative record shall submit them with a new 
petition to modify the decision. FDA uses the information provided in 
the request to determine whether to grant the petition for 
reconsideration. Respondents to this collection of information are 
individuals of households, State or local governments, not-for-profit 
institutions, and businesses or other for-profit institutions who are 
requesting from the Commissioner of FDA a reconsideration of a matter.
    Section 10.35 (21 CFR 10.35), issued under section 701(a) of the 
FD&C Act, sets forth the format and procedures by which an interested 
person may request, in accordance with Sec.  10.20 (Submission of 
documents to Division of Dockets Management), the Commissioner to stay 
the effective date of any administrative action.
    Such a petition must do the following: (1) Identify the decision 
involved; (2) state the action requested, including the length of time 
for which a stay is requested; and (3) include a statement of the 
factual and legal grounds on which the interested person relies in 
seeking the stay. FDA uses the information provided in the request to 
determine whether to grant the petition for stay of action.
    Respondents to this information collection are interested persons 
who choose to file a petition for an administrative stay of action.
    Section 10.85 (21 CFR 10.85), issued under section 701(a) of the 
FD&C Act sets forth the format and procedures by which an interested 
person may request, in accordance with Sec.  10.20 (Submission of 
documents to Division of Dockets Management), an advisory opinion from 
the Commissioner on a matter of general applicability. An advisory 
opinion represents the formal position of FDA on a matter of general 
applicability. When making a request, the petitioner must provide a 
concise statement of the issues and questions on which an opinion is 
requested, and a full statement of the facts and legal points relevant 
to the request.
    Respondents to this collection of information are interested 
persons seeking an advisory opinion from the Commissioner on the 
Agency's formal position for matters of general applicability.
    In the Federal Register of March 20, 2014 (79 FR 15594), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR Section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
10.30...........................             207               1             207              24           4,968
10.33...........................               4               1               4              10              40
10.35...........................               5               1               5              10              50
10.85...........................               4               1               4              16              64
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           5,122
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates for this collection of information are based 
on Agency records.
    On December 19, 2013, FDA published a technical amendment (78 FR 
76748) announcing that the Agency is modernizing its administrative 
regulations regarding submission of citizen petitions to explicitly 
provide for electronic submission. The current regulation does not 
recognize electronic methods for submitting citizen petitions; thus, 
this action will enable efficiency and ease in the filing of citizen 
petitions.
    The Agency still allows for non-electronic submissions; however, 
electronic submissions of a citizen petition to a specific electronic 
docket presents a simpler and more straightforward approach. FDA has 
created a single docket on https://www.regulations.gov, the U.S. 
Government's consolidated docket Web site for Federal Agencies, for the 
initial electronic submission of all citizen petitions. The FDA 
Electronic Method for Submission of Citizen Petitions Docket, Docket 
No. FDA 2013-S-0610, allows the petitioner to create an electronic 
submission through https://www.regulations.gov and provides an 
alternative to the current system of submission for citizen petitions.
    Electronic submissions through https://www.regulations.gov will 
provide the submitter with an immediate record of the time of 
submission. FDA's Division of Dockets Management (DDM) (https://www.fda.gov/RegulatoryInformation/Dockets/default.htm) will continue to 
inform the submitter of formal filing; however, tracking will be more 
easily accomplished through electronic submission.
    DDM will receive the electronically submitted citizen petition 
through the Federal Dockets Management System, the Agency component of 
https://www.regulations.gov. Subsequently, DDM will review the 
electronic submission and when it accepts the citizen petition for 
filing, DDM will assign a docket number to that petition, different 
from the FDA electronic submission docket number. This unique docket 
number from DDM identifies the docket for that particular citizen 
petition for all future filings and submissions related only to that 
citizen petition. Subsequent submissions associated with that citizen 
petition will refer to the assigned unique docket number. The advantage 
to this change is that it ensures efficiency and ease in

[[Page 32554]]

communication, quicker interaction between citizen petitioners and FDA, 
and easier access to FDA to seek input through the citizen petition 
process.

    Dated: May 29, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-13037 Filed 6-4-14; 8:45 am]
BILLING CODE 4160-01-P
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