Premarket Tobacco Product
Applications and Recordkeeping Requirements
Revision of a currently approved collection
No
Emergency
04/14/2022
04/13/2022
Requested
Previously Approved
6 Months From Approved
12/31/2024
72
72
13,740
13,592
0
0
The Tobacco Control Act was enacted on
June 22, 2009, amending the Federal Food, Drug, and Cosmetic Act
(FD&C Act) and providing FDA with the authority to regulate
tobacco products (Pub. L. 111-31; 123 Stat. 1776). Section 910(a)
established requirements for premarket review of new tobacco
products. FDA is finalizing requirements for the content, format,
submission, and review of PMTAs, as well as other requirements
related to PMTAs, including recordkeeping requirements, and
postmarket reporting. FDA will also require recordkeeping regarding
the legal marketing of Pre-Existing Tobacco Products (i.e., those
products that were commercially marketed as of February 15, 2007)
and products that are exempt from the requirements of demonstrating
substantial equivalence.
If certain conditions
are met, an agency head or designee may request expedited OMB
review of an information collection request (ICR), also known as an
"emergency" review. OMB may grant expedited review if the
collection is essential to the mission of the agency, clearance is
needed sooner than the normal timeframe, and the agency cannot
reasonably comply with the normal clearance procedures of the
Paperwork Reduction Act of 1995 (the PRA) because: "(i) public harm
is reasonably likely to result if normal clearance procedures are
followed; (ii) an unanticipated event has occurred; or (iii) the
use of normal clearance procedures is reasonably likely to prevent
or disrupt the collection of information or is reasonably likely to
cause a statutory or court ordered deadline to be missed" (5 CFR §
1320.13(a)(2)). When OMB expedites review, OMB acts promptly to
review the ICR through a suitably streamlined process, consistent
with the purposes of the PRA. For example, OMB may modify—or, if
necessary, waive—the public comment requirements. Emergency
clearance may be granted for a maximum of six months. We are
seeking emergency processing for the following reasons: (1) The
revision of the collection of information (form FDA 4057b) is
needed prior to the expiration of normal clearance time periods and
is essential to the mission of the FDA; and (2) FDA cannot
reasonably comply with normal clearance procedures because use of
normal clearance procedures is reasonably likely to cause a
statutory deadline to be missed and to prevent or disrupt the
required collection of information. The enactment of the
Appropriations Act on March 15, 2022, with an effective date of
April 14, 2022, does not allow us sufficient time to comply with
the normal clearance procedures. The expectation that companies
will submit PMTAs on or before May 14, 2022, underscores the need
for this revision to be approved expeditiously. This revision will
ensure applicants are able to submit, and FDA is able to
efficiently process, identifying information about NTN products.
Being able to quickly review this identifying information will help
FDA determine whether the products that are subject to the
application qualify for 60 days of continued marketing. In
addition, without emergency clearance and the accompanying
revisions to form FDA 4057b, FDA will be unable to ensure that
interested stakeholders will provide complete requests, which
include the information necessary to submit premarket tobacco
product applications (PMTAs). Furthermore, without the ability to
receive information from industry in a standardized format, FDA
will be unable to allow for applicants to identify products
containing non-tobacco derived nicotine. FDA is requesting that OMB
allow use of its emergency clearance process to immediately approve
the revision of OMB Control No. 0910-0879, so that FDA may
immediately collect the information necessary to be in alignment
with the changes to the definition of “tobacco product” in section
201(rr) of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
321(rr)).
The Food and Drug
Administration is submitting this revision under emergency
clearance procedures to revise Form FDA 4057b to account for
products containing non-tobacco derived nicotine through PMTA
applications. Effective April 14, 2022, Section 201(rr) of the
FD&C Act now applies to “any product made or derived from
tobacco, or containing nicotine from any source, that is intended
for human consumption”. Form FDA 4057b has been modified to be in
alignment with the changes to the definition of “tobacco product”
in section 201(rr) of the FD&C Act. Currently, we do not have
an accurate assessment of how this will affect our burden
estimates. For this emergency clearance request, FDA has added
burden to account for products containing non-tobacco derived
nicotine. This resulted in an increase of 45 responses and 148
hours. The new estimated burden for this collection is 13,740
hours.
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.