Patent Term Restoration, Due Diligence Petitions, Filing, Format, and Content of Petitions

Forms and Documents

Document	Type	Status	Availability
SUPPORTING STATMENT FINAL 2-12-14.doc	Supporting Statement A	Uploaded 2014-02-12	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
5829	Revision of Regulatory Review Period Determinations - 60.24		Modified
210409	Request for Hearing - 60.40		New
210408	Filing, Format, and Content of Petitions - 60.30		New

ICR Details

OMB Control No: 0910-0233	ICR Reference No: 201402-0910-004
Status: Historical Active	Previous ICR Reference No: 201101-0910-006
Agency/Subagency: HHS/FDA	Agency Tracking No: 21436
Title: Patent Term Restoration, Due Diligence Petitions, Filing, Format, and Content of Petitions
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: 04/21/2014
	Date Received in OIRA: 02/19/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2017	36 Months From Approved	04/30/2014
Responses	3	0	3
Time Burden (Hours)	160	0	160
Cost Burden (Dollars)	0	0	0

---

Abstract: Applicants must submit: (1) requests for revision of the regulatory review period under 21 CFR 60.25; (2) due diligence petitions under 21 CFR 60.30; and requests for hearings under 21 CFR 60.40 regarding decisions on the petitions.

---

Authorizing Statute(s): US Code: 35 USC 156 Name of Law: Generic Animal Drug and Patent Term Restoration Act of 1988
   US Code: 21 USC 355(j) Name of Law: Drug Price Competition and Patent Term Restoration Act of 1984
  

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 68454	11/14/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 7678	02/10/2014
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Revision of Regulatory Review Period Determinations - 60.24
Filing, Format, and Content of Petitions - 60.30
Request for Hearing - 60.40

---

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	3	3	0	0	0	0
Annual Time Burden (Hours)	160	160	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: Originally, the ICR submitted three years ago was submitted and/or lumped together as 1 IC, but, in reality there are 3 ICs. The submission of this ICR package will show in Part 2 each IC, and so the number of submissions and respondents under this information collection remains the same.

---

Annual Cost to Federal Government: $1,200

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

---

Common Form ICR:  No

---

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: 02/19/2014

---