Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry-User Fee Waivers, Reductions, and Refunds for Drug and Biological Products, 23581-23583 [2017-10534]
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23581
Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices
TABLE 1—ESTIMATED REPORTING BURDEN 1
Additional information and/or notifications for using a
different data lock point and/or a different reporting
frequency
Number of
respondents
Number of
responses per
respondent
Average
burden per
response
Total annual
responses
Total hours
Applicants that have a PSUR waiver for an approved application ............................................................................
Applicants that do not have a PSUR waiver for an approved application ............................................................
55
3.4
187
1
187
29
2.3
67
2
134
Total ..............................................................................
........................
........................
........................
........................
321
1
There are no capital or operating and maintenance costs associated with the information collection.
Dated: May 18, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–10537 Filed 5–22–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2014–N–0222]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Guidance for
Industry—User Fee Waivers,
Reductions, and Refunds for Drug and
Biological Products
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal Agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment in
response to the notice. This notice
solicits comments on recommendations
to applicants considering whether to
request a waiver or reduction in user
fees.
SUMMARY:
Submit either electronic or
written comments on the collection of
information by July 24, 2017.
ADDRESSES: You may submit comments
as follows:
sradovich on DSK3GMQ082PROD with NOTICES
DATES:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov/. Follow
VerDate Sep<11>2014
21:15 May 22, 2017
Jkt 241001
the instructions for submitting
comments. Comments submitted
electronically, including attachments, to
https://www.regulations.gov/ will be
posted to the docket unchanged.
Because your comment will be made
public, you are solely responsible for
ensuring that your comment does not
include any confidential information
that you or a third party may not wish
to be posted, such as medical
information, your or anyone else’s
Social Security number, or confidential
business information, such as a
manufacturing process. Please note that
if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov/.
If you want to submit a comment with
confidential information that you do not
wish to be made available to the public,
submit the comment as a written/paper
submission and in the manner detailed
(see ‘‘Written/Paper Submissions’’ and
‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2014–N–0222 for ‘‘User Fee Waivers,
Reductions, and Refunds for Drug and
Biological Products.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://
www.regulations.gov/ or at the Division
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov/. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov/ and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
JonnaLynn Capezzuto, Office of
Operations, Food and Drug
Administration, Three White Flint
E:\FR\FM\23MYN1.SGM
23MYN1
23582
Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices
North, 10A63, 11601 Landsdown St.,
North Bethesda, MD 20852, 301–796–
3794.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
Agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires Federal
Agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, FDA is publishing notice
of the proposed collection of
information set forth in this document.
With respect to the following
collection of information, FDA invites
comments on these topics: (1) Whether
the proposed collection of information
is necessary for the proper performance
of FDA’s functions, including whether
the information will have practical
utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
Guidance for Industry—User Fee
Waivers, Reductions, and Refunds for
Drug and Biological Products—OMB
Control Number 0910–0693—Extension
The guidance provides
recommendations for applicants
planning to request waivers or
reductions in prescription drug user fees
assessed under sections 735 and 736 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379g and 21 U.S.C. 379h)
(the FD&C Act). The guidance describes
the types of waivers and reductions
permitted under the prescription drug
user fee provisions of the FD&C Act, and
the procedures for submitting requests
for waivers or reductions. It also
includes recommendations for
submitting information for requests for
reconsideration of denials of waiver or
reduction requests, and for requests for
appeals. The guidance also provides
clarification on related issues such as
user fee exemptions for orphan drugs.
Based on Agency records, we estimate
that the total annual number of waiver
requests submitted for all of these
categories will be 150, submitted by 115
different applicants. We estimate that
the average burden hours for
preparation of a submission will total 16
hours. Because FDA may request
additional information from the
applicant during the review period, we
have also included in this estimate time
to prepare any additional information.
We have included in the burden
estimate the preparation and submission
of application fee waivers for small
businesses, because small businesses
requesting a waiver must submit
documentation to FDA on the number of
their employees and must include the
information that the application is the
first human drug application, within the
meaning of the FD&C Act, to be
submitted to the Agency for approval.
Previously, after receipt of a small
business waiver request, FDA would
request a small business size
determination from the Small Business
Administration (SBA). Waiver
applicants would submit their
supporting documentation directly to
SBA for evaluation and after completing
their review, SBA provided FDA with a
determination whether a waiver
applicant qualified as a small business
for purposes of evaluating user fee
waivers. The burden for submission of
this information to SBA is approved
under OMB control number 3245–0101.
Beginning fiscal year 2015, the SBA
declined to conduct further size
determinations for evaluation of small
business user fee waivers and as a
result, a processing change at FDA
occurred. The new FDA process
requires waiver applicants to submit
documentation directly to FDA. In
addition, fewer supporting documents
than previously requested by SBA are
required. As a result, we estimate that
the 4 burden hours per small business
waiver previously attributed to SBA and
approved under OMB control number
3245–0101, should now be attributed to
FDA because SBA is no longer
conducting size determinations for FDA.
Also, because FDA is asking that
applicants submit fewer supporting
documents, we estimate that these
burden hours should be reduced to 2
hours instead of 4 hours. We understand
that SBA plans to submit a revised
burden estimate to OMB control number
3245–0101 to account for this
redistribution.
The reconsideration and appeal
requests are not addressed in the FD&C
Act, but are discussed in the guidance.
We estimate that we will receive seven
requests for reconsideration annually,
and that the total average burden hours
for a reconsideration request will be 24
hours. In addition, we estimate that we
will receive one request annually for an
appeal of a user fee waiver
determination, and that the time needed
to prepare an appeal would be
approximately 12 hours We have
included in this estimate both the time
needed to prepare the request for appeal
to the Chief Scientist, User Fee Appeals
Officer, Office of the Commissioner, and
the time needed to create and send a
copy of the request for an appeal to the
Director, Division of User Fee
Management, Office of Management at
the Center for Drug Evaluation and
Research.
The burden for completing and
submitting Form FDA 3397
(Prescription Drug User Fee Coversheet)
is not included in this analysis as the
burden is included under OMB control
number 0910–0297. The collection of
information associated with submission
of a new drug application or biologics
license application are approved under
OMB control numbers 0910–0001 and
0910–0338, respectively.
sradovich on DSK3GMQ082PROD with NOTICES
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
User fee waivers, reductions, & refunds for drug &
biological products
Number of
respondents
FD&C Act sections 735 and 736 .........................................
FD&C Act section 736(d)(1)(D)(4) .......................................
Reconsideration requests ....................................................
Appeal requests ...................................................................
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PO 00000
Frm 00062
Number of
responses per
respondent
115
25
7
1
Fmt 4703
Sfmt 4703
Total annual
responses
1.3
1
1
1
E:\FR\FM\23MYN1.SGM
150
25
7
1
23MYN1
Average
burden per
response
16
2
24
12
Total hours
2,400
50
168
12
Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices
23583
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
User fee waivers, reductions, & refunds for drug &
biological products
Total ..............................................................................
1 There
Average
burden per
response
........................
........................
........................
........................
In
compliance with 44 U.S.C. 3507, we
have submitted the following proposed
collection of information to OMB for
review and clearance.
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–N–0366]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Advisory
Committee Nomination Applications
Food and Drug Administration,
HHS.
Notice.
The Food and Drug
Administration (FDA 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
(the PRA).
DATES: Fax written comments on the
collection of information by June 22,
2017.
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–NEW, and
title, ‘‘FDA Advisory Committee
Membership Nominations.’’ Also
include the FDA docket number found
in brackets in the heading of this
document.
ADDRESSES:
sradovich on DSK3GMQ082PROD with NOTICES
Total annual
responses
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–10534 Filed 5–22–17; 8:45 am]
ACTION:
Number of
responses per
respondent
Total hours
2,630
are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: May 18, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
AGENCY:
Number of
respondents
FOR FURTHER INFORMATION CONTACT:
Jonnalynn Capezzuto, Office of
Operations, Food and Drug
Administration, Three White Flint
North, 10A63, 11601 Landsdown St.,
North Bethesda, MD 20852, 301–796–
3794, PRAStaff@fda.hhs.gov.
VerDate Sep<11>2014
21:15 May 22, 2017
Jkt 241001
FDA Advisory Committee Membership
Nominations—OMB Control Number
0910–NEW
FDA chooses to select advisory
committee members through a
nomination process. (Appendix A to
Subpart C of 41 CFR 102–3, the Federal
Advisory Committee Management Final
Rule notes that the Federal Advisory
Committee Act (FACA, 5 U.S.C. App. 2)
does not specify the manner in which
advisory committee members and staff
must be appointed.) A person can selfnominate or be nominated by another
individual. In order to identify and
select qualified individuals to serve on
its advisory committees, FDA has
established an online portal, the FDA
Advisory Committee Membership
Application, to accept nominations of
potential advisory committee members.
The FDA Advisory Committee
Membership Application accepts
nominations for Academician/
Practitioner, Consumer Representative,
and Industry Representative
membership types. Nominees who are
nominated as scientific members should
be technically qualified experts in the
field (e.g., clinical medicine,
engineering, biological and physical
sciences, biostatistics, food sciences)
and have experience interpreting
complex data. Candidates must be able
to analyze detailed scientific data and
understand its public health
significance. The nomination process
has recently been made electronic and
is available at https://
accessdata.test.fda.gov/scripts/
FACTRSPortal/FACTRS/index.cfm. To
submit a nomination, nominators or
prospective nominees should upload
the following documents in PDF format
(see 21 CFR 14.82(c)): (1) Curriculum
vitae (CV); (2) a written confirmation
that the nominee(s) is (are) aware of the
nomination (unless self-nominated); and
(3) letters of recommendation are also
suggested. For Consumer Representative
nominations, a cover letter that lists
consumer or community organizations
for which the candidate can
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
demonstrate active participation is also
recommended.
These documents are collected in
order to determine if the nominee has
the expertise in the subject matter with
which the committee is concerned and
has diverse professional education,
training, and experience so that the
committee will reflect a balanced
composition of sufficient scientific
expertise to handle the problems that
come before it (21 CFR 14.80(b)(1)(i)). In
the case of Industry and Consumer
Representatives, information is
collected to assess the candidate’s
ability to represent all interested
persons within the class which the
member is selected to represent (21 CFR
14.86).
Each nominee should be sure to
review the Agency Web site for
information on:
• Vacancies, qualifications, and
experience for more details concerning
vacancies on each committee and the
qualifications and experience common
for nominees. Vacancies are updated
periodically; therefore, one or more
vacancies listed may be in the
nomination process or a final
appointment may have been made.
• Potential conflicts of interest such
as financial holdings, employment, and
research grants and/or contracts in order
to permit evaluation of possible sources
of conflict of interest.
Also, FDA asks that prospective
nominees inform us of how they heard
about the FDA Advisory Committees
(e.g., attendance at a professional
meeting, an article in a publication, our
Web site, while speaking with a friend
or colleague).
To further the Agency’s goals of
promoting transparency regarding the
advisory committee process, FDA will
also require that nominees to serve on
advisory committees submit a consent
form authorizing FDA to publicly post
to FDA’s Web site the CV submitted as
part of their nomination materials if the
nominee is selected to serve on an
advisory committee. In the past, FDA
has generally posted the CVs of FDA
advisory committee members publicly
on https://www.fda.gov/
AdvisoryCommittees/ after reviewing
the CVs and redacting information that
appeared to be confidential. However,
E:\FR\FM\23MYN1.SGM
23MYN1
Agencies
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23581-23583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10534]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2014-N-0222]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance for Industry--User Fee Waivers, Reductions,
and Refunds for Drug and Biological Products
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on recommendations to applicants considering
whether to request a waiver or reduction in user fees.
DATES: Submit either electronic or written comments on the collection
of information by July 24, 2017.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov/
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov/. If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2014-N-0222 for ``User Fee Waivers, Reductions, and Refunds for
Drug and Biological Products.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov/ or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint
[[Page 23582]]
North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-
3794.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Guidance for Industry--User Fee Waivers, Reductions, and Refunds for
Drug and Biological Products--OMB Control Number 0910-0693--Extension
The guidance provides recommendations for applicants planning to
request waivers or reductions in prescription drug user fees assessed
under sections 735 and 736 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379g and 21 U.S.C. 379h) (the FD&C Act). The guidance
describes the types of waivers and reductions permitted under the
prescription drug user fee provisions of the FD&C Act, and the
procedures for submitting requests for waivers or reductions. It also
includes recommendations for submitting information for requests for
reconsideration of denials of waiver or reduction requests, and for
requests for appeals. The guidance also provides clarification on
related issues such as user fee exemptions for orphan drugs.
Based on Agency records, we estimate that the total annual number
of waiver requests submitted for all of these categories will be 150,
submitted by 115 different applicants. We estimate that the average
burden hours for preparation of a submission will total 16 hours.
Because FDA may request additional information from the applicant
during the review period, we have also included in this estimate time
to prepare any additional information. We have included in the burden
estimate the preparation and submission of application fee waivers for
small businesses, because small businesses requesting a waiver must
submit documentation to FDA on the number of their employees and must
include the information that the application is the first human drug
application, within the meaning of the FD&C Act, to be submitted to the
Agency for approval.
Previously, after receipt of a small business waiver request, FDA
would request a small business size determination from the Small
Business Administration (SBA). Waiver applicants would submit their
supporting documentation directly to SBA for evaluation and after
completing their review, SBA provided FDA with a determination whether
a waiver applicant qualified as a small business for purposes of
evaluating user fee waivers. The burden for submission of this
information to SBA is approved under OMB control number 3245-0101.
Beginning fiscal year 2015, the SBA declined to conduct further size
determinations for evaluation of small business user fee waivers and as
a result, a processing change at FDA occurred. The new FDA process
requires waiver applicants to submit documentation directly to FDA. In
addition, fewer supporting documents than previously requested by SBA
are required. As a result, we estimate that the 4 burden hours per
small business waiver previously attributed to SBA and approved under
OMB control number 3245-0101, should now be attributed to FDA because
SBA is no longer conducting size determinations for FDA. Also, because
FDA is asking that applicants submit fewer supporting documents, we
estimate that these burden hours should be reduced to 2 hours instead
of 4 hours. We understand that SBA plans to submit a revised burden
estimate to OMB control number 3245-0101 to account for this
redistribution.
The reconsideration and appeal requests are not addressed in the
FD&C Act, but are discussed in the guidance. We estimate that we will
receive seven requests for reconsideration annually, and that the total
average burden hours for a reconsideration request will be 24 hours. In
addition, we estimate that we will receive one request annually for an
appeal of a user fee waiver determination, and that the time needed to
prepare an appeal would be approximately 12 hours We have included in
this estimate both the time needed to prepare the request for appeal to
the Chief Scientist, User Fee Appeals Officer, Office of the
Commissioner, and the time needed to create and send a copy of the
request for an appeal to the Director, Division of User Fee Management,
Office of Management at the Center for Drug Evaluation and Research.
The burden for completing and submitting Form FDA 3397
(Prescription Drug User Fee Coversheet) is not included in this
analysis as the burden is included under OMB control number 0910-0297.
The collection of information associated with submission of a new drug
application or biologics license application are approved under OMB
control numbers 0910-0001 and 0910-0338, respectively.
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
User fee waivers, reductions, & Number of
refunds for drug & biological Number of responses per Total annual Average burden Total hours
products respondents respondent responses per response
----------------------------------------------------------------------------------------------------------------
FD&C Act sections 735 and 736... 115 1.3 150 16 2,400
FD&C Act section 736(d)(1)(D)(4) 25 1 25 2 50
Reconsideration requests........ 7 1 7 24 168
Appeal requests................. 1 1 1 12 12
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[[Page 23583]]
Total....................... .............. .............. .............. .............. 2,630
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
Dated: May 18, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-10534 Filed 5-22-17; 8:45 am]
BILLING CODE 4164-01-P