Reports Intended to Demonstrate the Substantial Equivalence of a New Tobacco Product

Forms and Documents

Document Name	Status
0910-0673 Non substantive change request 3 4 15.docx Justification for No Material/Nonsubstantive Change	2015-03-03
Substantial Equivalence Guidance Doc ss_5-14-14.doc Supporting Statement A	2014-05-14

IC Document Collections

IC ID	Document Title	Status
215516	Same characteristics SE Report Other-Guidance	New
215515	Product Quantity Change SE Report Other-Guidance	New
195793	Reports Demonstrating Substantial Equivalence for Tobacco Products (Sections 905(j) and 910(a)) Instruction	Modified

ICR Details

OMB Control No: 0910-0673	ICR Reference No: 201503-0910-003
Status: Historical Active	Previous ICR Reference No: 201405-0910-002
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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/16/2015
	Date Received in OIRA: 03/06/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2015	08/31/2015	08/31/2015
Responses	300	0	1,000
Time Burden (Hours)	38,075	0	360,000
Cost Burden (Dollars)	0	0	0

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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.

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

Citations for New Statutory Requirements: None

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

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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

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Product Quantity Change SE Report
Same characteristics SE Report
Reports Demonstrating Substantial Equivalence for Tobacco Products (Sections 905(j) and 910(a))

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	300	1,000	0	-700	0	0
Annual Time Burden (Hours)	38,075	360,000	0	-321,925	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Food and Drug Administration is submitting this nonmaterial/non-substantive change request to reduce the burden based on new guidance document recommendations which will reduce the time for a manufacturer to submit a Substantial Equivalence (SE) report.

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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

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/06/2015

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