Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Administrative Practices and Procedures; Formal Evidentiary Public Hearing, 26269-26271 [2015-10996]
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
Anyone with knowledge that any of
the dates as published are incorrect may
submit to the Division of Dockets
Management (see ADDRESSES) either
electronic or written comments and ask
for a redetermination by July 6, 2015.
Furthermore, any interested person may
petition FDA for a determination
regarding whether the applicant for
extension acted with due diligence
during the regulatory review period by
November 3, 2015. To meet its burden,
the petition must contain sufficient facts
to merit an FDA investigation. (See H.
Rept. 857, part 1, 98th Cong., 2d sess.,
pp. 41–42, 1984.) Petitions should be in
the format specified in 21 CFR 10.30.
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) electronic or written
comments and written or electronic
petitions. It is only necessary to send
one set of comments. Identify comments
with the docket number found in
brackets in the heading of this
document. If you submit a written
petition, two copies are required. A
petition submitted electronically must
be submitted to https://
www.regulations.gov, Docket No. FDA–
2013–S–0610. Comments and petitions
that have not been made publicly
available on https://www.regulations.gov
may be viewed in the Division of
Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Dated: May 1, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–10999 Filed 5–6–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2015–D–0138]
Questions and Answers Regarding
Mandatory Food Recalls; Draft
Guidance for Industry
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or we) is
announcing the availability of a draft
guidance for industry on the
implementation of the mandatory food
recall provisions of the FDA Food Safety
Modernization Act (FSMA). The
guidance is in the form of Questions and
Answers and provides answers to
common questions that might arise
about the mandatory recall provisions
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SUMMARY:
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and FDA’s plans for their
implementation.
DATES: Although you may comment on
any guidance at any time, to ensure that
the Agency considers your comments on
this draft guidance before it completes
a final version of the guidance, submit
electronic or written comments on the
draft guidance by July 6, 2015.
ADDRESSES: Submit written requests for
single copies of the guidance to the
Outreach and Information Center (HFS–
009), Center for Food Safety and
Applied Nutrition (HFS–317), Food and
Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740. Send
two self-addressed adhesive labels to
assist that office in processing your
request. See the SUPPLEMENTARY
INFORMATION section for electronic
access to the guidance.
Submit electronic comments on the
guidance to https://www.regulations.gov.
Submit written comments to the
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852.
FOR FURTHER INFORMATION CONTACT:
Cecilia M. Wolyniak, Food and Drug
Administration, WO32 Rm. 4352 HFC–
210, 10903 New Hampshire Ave., Silver
Spring, MD 20993–0002, 301–796–8209.
SUPPLEMENTARY INFORMATION:
I. Background
FDA’s mandatory food recall
authority went into effect when FSMA
was enacted on January 4, 2011. Section
423 of the Federal Food, Drug and
Cosmetic Act (FD&C Act), as added by
section 206 of FSMA, gives FDA the
authority to order a responsible party to
recall an article of food where FDA
determines that there is a reasonable
probability that the article of food (other
than infant formula) is adulterated
under section 402 of the FD&C Act [21
U.S.C. 342] or misbranded under section
403(w) of the FD&C Act [21 U.S.C.
343(w)] and that the use of or exposure
to such article will cause serious
adverse health consequences or death to
humans or animals (SAHCODHA).
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Questions and Answers Regarding
Mandatory Food Recalls; Draft Guidance
for Industry.’’ The draft guidance
provides answers to common questions
that might arise about the mandatory
recall provisions and FDA’s plans for
their implementation.
This guidance is being issued
consistent with our good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent our current thinking on this
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26269
topic. It does not create or confer any
rights for or on any person and does not
operate to bind FDA or the public. An
alternative approach may be used if
such approach satisfies the
requirements of the applicable statutes
and regulations.
II. Paperwork Reduction Act of 1995
This guidance does not refer to any
information collection provisions found
in FDA regulations. Collections of
information are subject to review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520). We
conclude that the Draft Guidance for
Industry: Questions and Answers
Regarding Mandatory Food Recalls is
not subject to Paperwork Reduction Act
of 1995.
III. Comments
Interested persons may submit either
written comments regarding the
guidance to the Division of Dockets
Management (see ADDRESSES) or
electronic comments regarding the
guidance to https://www.regulations.gov.
It is only necessary to send one set of
comments. Identify comments with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday, and
will be posted to the docket at https://
www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the guidance at either
https://www.fda.gov/FoodGuidances or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
Dated: May 1, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–11009 Filed 5–6–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2014–N–2029]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Administrative
Practices and Procedures; Formal
Evidentiary Public Hearing
AGENCY:
Food and Drug Administration,
HHS.
E:\FR\FM\07MYN1.SGM
07MYN1
26270
ACTION:
Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
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 June 8,
2015.
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 0910–0191. 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
Administrative Practices and
Procedures (21 CFR 10.30,
10.33.10.35.10.85); Formal Evidentiary
Public Hearing (21 CFR 12.22, 12.45)
(OMB Control Number 0910–0191)—
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 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,
and not-for-profit institutions or groups.
Section 10.33 (21 CFR 10.33), issued
under section 701(a) of the Federal,
Food, Drug, and Cosmetic Act (the
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Jkt 235001
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
PO 00000
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Fmt 4703
Sfmt 4703
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.
FDA has developed a method for
electronic submission 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 advantage to this change
is that it ensures efficiency and ease in
communication, quicker interaction
between citizen petitioners and FDA,
and easier access to FDA to seek input
through the citizen petition process.
The regulations in 21 CFR 12.22,
issued under section 701(e)(2) of the
FD&C Act (21 U.S.C. 371(e)(2)), set forth
the instructions for filing objections and
requests for a hearing on a regulation or
order under § 12.20(d) (21 CFR
12.20(d)). Objections and requests must
be submitted within the time specified
in § 12.20(e). Each objection, for which
a hearing has been requested, must be
separately numbered and specify the
provision of the regulation or the
proposed order. In addition, each
objection must include a detailed
description and analysis of the factual
information and any other document,
with some exceptions, supporting the
objection. Failure to include this
information constitutes a waiver of the
right to a hearing on that objection. FDA
uses the description and analysis to
determine whether a hearing request is
justified. The description and analysis
may be used only for the purpose of
determining whether a hearing has been
justified under 21 CFR 12.24 and does
not limit the evidence that may be
presented if a hearing is granted.
Respondents to this information
collection are those parties that may be
adversely affected by an order or
regulation.
Section 12.45 (21 CFR 12.45) issued
under section 701 of the FD&C Act (21
U.S.C. 371), sets forth the format and
procedures for any interested person to
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
file a petition to participate in a formal
evidentiary hearing, either personally or
through a representative. Section 12.45
requires that any person filing a notice
of participation state their specific
interest in the proceedings, including
the specific issues of fact about which
the person desires to be heard. This
section also requires that the notice
include a statement that the person will
present testimony at the hearing and
will comply with specific requirements
in 21 CFR 12.85, or, in the case of a
hearing before a Public Board of Inquiry,
concerning disclosure of data and
information by participants (21 CFR
13.25). In accordance with § 12.45(e) the
presiding officer may omit a
participant’s appearance.
The presiding officer and other
participants will use the collected
information in a hearing to identify
specific interests to be presented. This
preliminary information serves to
expedite the prehearing conference and
commits participation.
The respondents are individuals or
households, State or local governments,
not-for-profit institutions and
businesses, or other for-profit groups
and institutions.
In the Federal Register of December
10, 2014 (79 FR 73320), 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
responses per
respondent
Number of
respondents
21 CFR Section
Total
annual
responses
Average
burden per
response
Total
hours
10.30—Citizen Petition ........................................................
10.33—Administrative reconsideration of action .................
10.35—Administrative Stay of Action ..................................
10.85—Advisory Opinions ...................................................
12.22—Filing Objections and Requests for a Hearing on a
Regulation or Order ..........................................................
12.45—Notice of Participation .............................................
207
4
5
4
1
1
1
1
207
4
5
4
24
10
10
16
4,968
40
50
64
3
4
1
1
3
4
20
3
60
12
Total ..............................................................................
........................
........................
........................
........................
5,194
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 and experience over the
past 3 years.
Dated: May 1, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–10996 Filed 5–6–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–E–1690]
Determination of Regulatory Review
Period for Purposes of Patent
Extension; SYNRIBO
AGENCY:
Food and Drug Administration,
Notice.
The Food and Drug
Administration (FDA) has determined
the regulatory review period for
SYNRIBO and is publishing this notice
of that determination as required by
law. FDA has made the determination
because of the submission of an
application to the Director of the U.S.
Patent and Trademark Office (USPTO),
Department of Commerce, for the
extension of a patent which claims that
human drug product.
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SUMMARY:
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The Drug
Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98–417)
and the Generic Animal Drug and Patent
Term Restoration Act (Pub. L. 100–670)
generally provide that a patent may be
extended for a period of up to 5 years
so long as the patented item (human
drug product, animal drug product,
medical device, food additive, or color
additive) was subject to regulatory
review by FDA before the item was
marketed. Under these acts, a product’s
regulatory review period forms the basis
for determining the amount of extension
an applicant may receive.
A regulatory review period consists of
two periods of time: A testing phase and
an approval phase. For human drug
SUPPLEMENTARY INFORMATION:
HHS.
ACTION:
Submit electronic
comments to https://
www.regulations.gov. Submit written
petitions (two copies are required) and
written comments to the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
Submit petitions electronically to
https://www.regulations.gov at Docket
No. FDA–2013–S–0610.
FOR FURTHER INFORMATION CONTACT:
Beverly Friedman, Office of
Management, Food and Drug
Administration, 10001 New Hampshire
Ave., Hillandale Campus, Rm. 3180,
Silver Spring, MD 20993, 301–796–
7900.
ADDRESSES:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
products, the testing phase begins when
the exemption to permit the clinical
investigations of the drug becomes
effective and runs until the approval
phase begins. The approval phase starts
with the initial submission of an
application to market the human drug
product and continues until FDA grants
permission to market the drug product.
Although only a portion of a regulatory
review period may count toward the
actual amount of extension that the
Director of USPTO may award (for
example, half the testing phase must be
subtracted as well as any time that may
have occurred before the patent was
issued), FDA’s determination of the
length of a regulatory review period for
a human drug product will include all
of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
FDA has approved for marketing the
human drug product SYNRIBO
(omacetaxine mepesuccinate). SYNRIBO
is indicated for treatment of adult
patients with chronic or accelerated
phase chronic myeloid leukemia with
resistance and/or intolerance to two or
more tyrosine kinase inhibitors.
Subsequent to this approval, the USPTO
received a patent term restoration
application for SYNRIBO (U.S. Patent
No. 6,987,103) from Robin, Mahon,
Maisonneuve, Maloisel, and Blanchard,
and the USPTO requested FDA’s
assistance in determining this patent’s
eligibility for patent term restoration. In
a letter dated January 30, 2014, FDA
E:\FR\FM\07MYN1.SGM
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Agencies
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26269-26271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10996]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2014-N-2029]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Administrative
Practices and Procedures; Formal Evidentiary Public Hearing
AGENCY: Food and Drug Administration, HHS.
[[Page 26270]]
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 June 8,
2015.
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 0910-0191.
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.
Administrative Practices and Procedures (21 CFR 10.30,
10.33.10.35.10.85); Formal Evidentiary Public Hearing (21 CFR 12.22,
12.45) (OMB Control Number 0910-0191)--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 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, and not-for-profit institutions or groups.
Section 10.33 (21 CFR 10.33), issued under section 701(a) of the
Federal, 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.
FDA has developed a method for electronic submission 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 advantage
to this change is that it ensures efficiency and ease in communication,
quicker interaction between citizen petitioners and FDA, and easier
access to FDA to seek input through the citizen petition process.
The regulations in 21 CFR 12.22, issued under section 701(e)(2) of
the FD&C Act (21 U.S.C. 371(e)(2)), set forth the instructions for
filing objections and requests for a hearing on a regulation or order
under Sec. 12.20(d) (21 CFR 12.20(d)). Objections and requests must be
submitted within the time specified in Sec. 12.20(e). Each objection,
for which a hearing has been requested, must be separately numbered and
specify the provision of the regulation or the proposed order. In
addition, each objection must include a detailed description and
analysis of the factual information and any other document, with some
exceptions, supporting the objection. Failure to include this
information constitutes a waiver of the right to a hearing on that
objection. FDA uses the description and analysis to determine whether a
hearing request is justified. The description and analysis may be used
only for the purpose of determining whether a hearing has been
justified under 21 CFR 12.24 and does not limit the evidence that may
be presented if a hearing is granted.
Respondents to this information collection are those parties that
may be adversely affected by an order or regulation.
Section 12.45 (21 CFR 12.45) issued under section 701 of the FD&C
Act (21 U.S.C. 371), sets forth the format and procedures for any
interested person to
[[Page 26271]]
file a petition to participate in a formal evidentiary hearing, either
personally or through a representative. Section 12.45 requires that any
person filing a notice of participation state their specific interest
in the proceedings, including the specific issues of fact about which
the person desires to be heard. This section also requires that the
notice include a statement that the person will present testimony at
the hearing and will comply with specific requirements in 21 CFR 12.85,
or, in the case of a hearing before a Public Board of Inquiry,
concerning disclosure of data and information by participants (21 CFR
13.25). In accordance with Sec. 12.45(e) the presiding officer may
omit a participant's appearance.
The presiding officer and other participants will use the collected
information in a hearing to identify specific interests to be
presented. This preliminary information serves to expedite the
prehearing conference and commits participation.
The respondents are individuals or households, State or local
governments, not-for-profit institutions and businesses, or other for-
profit groups and institutions.
In the Federal Register of December 10, 2014 (79 FR 73320), 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\
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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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10.30--Citizen Petition......... 207 1 207 24 4,968
10.33--Administrative 4 1 4 10 40
reconsideration of action......
10.35--Administrative Stay of 5 1 5 10 50
Action.........................
10.85--Advisory Opinions........ 4 1 4 16 64
12.22--Filing Objections and 3 1 3 20 60
Requests for a Hearing on a
Regulation or Order............
12.45--Notice of Participation.. 4 1 4 3 12
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Total....................... .............. .............. .............. .............. 5,194
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\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 and experience over the past 3 years.
Dated: May 1, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-10996 Filed 5-6-15; 8:45 am]
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