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OMB Control No: 0910-0673	ICR Reference No: 201405-0910-002
Status: Historical Active	Previous ICR Reference No: 201105-0910-001
Agency/Subagency: HHS/FDA	Agency Tracking No: CTP
Title: Reports Intended to Demonstrate the Substantial Equivalence of a New Tobacco Product
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/27/2014
	Date Received in OIRA: 06/12/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2015	36 Months From Approved	08/31/2014
Responses	1,000	0	1,000
Time Burden (Hours)	360,000	0	360,000
Cost Burden (Dollars)	0	0	0

Abstract: The Federal Food, Drug, and Cosmetic Act (FD&C Act) requires FDA to issue an order under section 910(c)(1)(A)(i) (order after review of a premarket application) before a new tobacco product may be commercially marketed in the United States. An order under section 910(c)(1)(A)(i) is not required, however, if a manufacturer submits under section 905(j)(1)(A)(i) a report for the new tobacco product and FDA issues an order finding that the tobacco product is substantially equivalent to a tobacco product commercially marketed in the United States as of February 15, 2007, and in compliance with the FD&C Act. This ICR requests information from manufacturers of tobacco products who submit a report to FDA under section 905(j)(1)(A)(i) demonstrating that their new tobacco product is substantially equivalent to a predicate tobacco product. FDA has issued a guidance document with recommendations on preparing substantial equivalence reports in which a tobacco manufacturer must show that a new tobacco product is substantially equivalent to a tobacco product commercially marketed in the United States as of February 15, 2007, or to a tobacco product that the Secretary has previously determined is substantially equivalent and in compliance with the FD&C Act. For tobacco product substantial equivalence reporting, the new tobacco product is compared to a single predicate tobacco product to determine substantial equivalence.

Authorizing Statute(s): PL: Pub.L. 111 - 31 905 Name of Law: Federal Food, Drug, and Cosmetic Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 78974	12/27/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 33196	06/10/2014
Did the Agency receive public comments on this ICR? Yes

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Reports Demonstrating Substantial Equivalence for Tobacco Products (Sections 905(j) and 910(a))

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	1,000	1,000
Annual Time Burden (Hours)	360,000	360,000
Annual Cost Burden (Dollars)	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

Annual Cost to Federal Government: $2,320,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Amber Sanford 301 796-8867 amber.sanford@fda.hhs.gov

View ICR - OIRA Conclusion