Center for Devices and Radiological Health Appeals Processes

Forms and Documents

Document Name	Status
0738_Supporting Statement_2025.docx Supporting Statement A	2025-11-26

IC Document Collections

IC ID	Document Title	Status
206202	CDRH Appeals Processes Guidance Document Other-Guidance - CDRH Appeals Process	Modified

ICR Details

OMB Control No: 0910-0738	ICR Reference No: 202508-0910-001
Status: Received in OIRA	Previous ICR Reference No: 202208-0910-014
Agency/Subagency: HHS/FDA	Agency Tracking No: CDRH
Title: Center for Devices and Radiological Health Appeals Processes
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/04/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	75	0
Time Burden (Hours)	600	0
Cost Burden (Dollars)	0	0

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Abstract: This guidance document helps implement section 517A of the Federal Food, Drug, and Cosmetic Act ,which governs judicial review of certain actions pertaining to medical devices and decisions or actions by Center for Devices and Radiological Health (CDRH or the Center) employees.

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Authorizing Statute(s): US Code: 21 USC 360g-1 Name of Law: Review of Significant Decisions Regarding Devices
   PL: Pub.L. 112 - 144 603 Name of Law: FDA Safety & Innovation 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:
	90 FR 29563	07/03/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 54695	11/28/2025
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
CDRH Appeals Processes Guidance Document

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ICR Summary of Burden

	Total Request	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	75	0	0	0	40	35
Annual Time Burden (Hours)	600	0	0	0	320	280
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: Our estimated burden for the information collection reflects an overall increase of 320 hours and a corresponding increase of 40 responses. We attribute this adjustment to an increase in the number of submissions we received over the last few years.

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Annual Cost to Federal Government: $181,136

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 12/04/2025

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