The appropriate FDA Center Director
may grant an exception or alternative to certain FDA labeling
requirements if compliance with the requirements could adversely
affect the safety, effectiveness, or availability of products that
are or will be included in the SNS. An exception or alternative
granted under this rule may include conditions or safeguards so
that the labeling for such products includes appropriate
information necessary for the safe and effective use of the product
given the product's anticipated circumstances of use. This
facilitates the safety, effectiveness, and availability of
appropriate medical countermeasures in the event of a public health
emergency. If the request is granted, the manufacturer may need to
report to FDA any resulting changes to the new drug application
(NDA), biologics license application (BLA), premarket approval
application (PMA), or premarket notification (510(k)) in effect, if
any. The submission and grant of a request for an exception or
alternative to the labeling requirements may be used to satisfy
certain reporting obligations relating to changes to product
applications under § 314.70 (21 CFR 314.70) (human drugs), § 601.12
(21 CFR 601.12) (biological drugs), § 814.39 (21 CFR 814.39)
(medical devices subject to premarket approval), or § 807.81 (21
CFR 807.81) (medical devices subject to premarket notification
submission (510(k) clearance) requirements).
The estimated total annual
burden for this information collection in 2011 was 56 hours. The
current decrease in total annual burden to 32 hours is attributed
to the decrease in total annual responses (1) for a response for an
exception or alternative to certain labeling requiremetns submitted
to FDA.
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:
(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;
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.