80_FR_14190 80 FR 14138 - Agency Information Collection Activities; Proposed Collection; Comment Request; Emergency Shortages Data Collection System

80 FR 14138 - Agency Information Collection Activities; Proposed Collection; Comment Request; Emergency Shortages Data Collection System

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14138-14139
FR Document2015-06118

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the Emergency Shortages Data Collection System.

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14138-14139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06118]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0197]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Emergency Shortages Data Collection System

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the Emergency Shortages Data 
Collection System.

DATES: Submit either electronic or written comments on the collection 
of information by May 18, 2015.

ADDRESSES: Submit electronic comments on the collection of information 
to http://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, 
Rockville, MD 20852. All comments should be identified with the docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques,

[[Page 14139]]

when appropriate, and other forms of information technology.

Emergency Shortages Data Collection System--Section 903(d)(2) of the 
Federal Food, Drug, and Cosmetic Act (OMB Control Number 0910-0491)--
(Extension)

    Under section 903(d)(2) of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 393(d)(2)), the Commissioner of Food and 
Drugs is authorized to implement general powers (including conducting 
research) to carry out effectively the mission of FDA. Subsequent to 
the events of September 11, 2001, and as part of broader 
counterterrorism and emergency preparedness activities, FDA's Center 
for Devices and Radiological Health (CDRH) began developing operational 
plans and interventions that would enable CDRH to anticipate and 
respond to medical device shortages that might arise in the context of 
Federally declared disasters/emergencies or regulatory actions. In 
particular, CDRH identified the need to acquire and maintain detailed 
data on domestic inventory, manufacturing capabilities, distribution 
plans, and raw material constraints for medical devices that would be 
in high demand, and/or would be vulnerable to shortages in specific 
disaster/emergency situations or following specific regulatory actions. 
Such data could support prospective risk assessment, help inform risk 
mitigation strategies, and support real-time decision-making by the 
Department of Health and Human Services during actual emergencies or 
emergency preparedness exercises.
    FDA developed ``The Emergency Medical Device Shortages Program 
Survey'' in 2002 to support the acquisition of such data from medical 
device manufacturers. In 2004, CDRH changed the process for the data 
collection, and the electronic database in which the data were stored 
was formally renamed the ``Emergency Shortages Data Collection System'' 
(ESDCS). Recognizing that some of the data collected may be 
commercially confidential, access to the ESDCS is restricted to members 
of the CDRH Emergency Shortage Team (EST) and senior management with a 
need-to-know. At this time, the need-to-know senior management 
personnel are limited to two senior managers. Further, the data are 
used by this defined group only for decision making and planning in the 
context of a Federally declared disaster/emergency, an official 
emergency preparedness exercise, or a potential public health risk 
posed by non-disaster-related device shortage.
    The data procurement process consists of an initial scripted 
telephone call to a regulatory officer at a registered manufacturer of 
one or more key medical devices tracked in the ESDCS. In this initial 
call, the EST member describes the intent and goals of the data 
collection effort and makes the specific data request. After the 
initial call, one or more additional follow-up calls and/or electronic 
mail correspondence may be required to verify/validate data sent from 
the manufacturer, confirm receipt, and/or request additional detail. 
Although the regulatory officer is the agent who the EST member 
initially contacts, regulatory officers may designate an alternate 
representative within their organization to correspond subsequently 
with the CDRH EST member who is collecting or verifying/validating the 
data.
    Because of the dynamic nature of the medical device industry, 
particularly with respect to specific product lines, manufacturing 
capabilities, and raw material/subcomponent sourcing, it is necessary 
to update the data in the ESDCS at regular intervals. The EST makes 
such updates on a regular basis, but makes efforts to limit the 
frequency of outreach to a specific manufacturer to no more than every 
4 months.
    The ESDCS will only include those medical devices for which there 
will likely be high demand during a specific emergency/disaster, or for 
which there are sufficiently small numbers of manufacturers such that 
disruption of manufacture or loss of one or more of these manufacturers 
would create a shortage.
    FDA estimates the burden of this collection of information as 
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
----------------------------------------------------------------------------------------------------------------
                                                            Number of                    Average
                                              Number of     responses   Total annual   burden per
         Activity/FD&C act section           respondents       per        responses     response     Total hours
                                                           respondent                    (hours)
----------------------------------------------------------------------------------------------------------------
Emergency Shortages Data Collection System          125             3           375           0.5           188
 (903(d)(2))..............................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA based the burden estimates in table 1 of this document on past 
experience with direct contact with the medical device manufacturers 
and anticipated changes in the medical device manufacturing patterns 
for the specific devices being monitored. FDA estimates that 
approximately 125 manufacturers would be contacted by telephone and/or 
electronic mail 3 times per year either to obtain primary data or to 
verify/validate data. Because the requested data represent data 
elements that are monitored or tracked by manufacturers as part of 
routine inventory management activities, it is anticipated that for 
most manufacturers, the estimated time required of manufacturers to 
complete the data request will not exceed 30 minutes per request cycle.

    Dated: March 12, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-06118 Filed 3-17-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  14138                             Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

                                                                                           TABLE 1—ESTIMATED HOURLY RECORDKEEPING BURDEN—Continued
                                                                                                                                                                                First year
                                                                                                                                                  Number of                                                Total            Hours per           Total
                                                                                                   21 CFR Section                                                             frequency of
                                                                                                                                                recordkeepers                                             records            record             hours
                                                                                                                                                                             recordkeeping

                                                  14 ......................   Controls to Prevent Adulteration From Microorga-                                         3                          52               156               0.25            39
                                                                                nisms     106.55(d),     106.100(e)(5)(ii), and
                                                                                106.100(f)(7).
                                                  15 ......................   Controls to Prevent Adulteration During Packaging                                        1                          12                 12              0.25               3
                                                                                and Labeling of Infant Formula 106.60(c).
                                                  16 ......................   General Quality Control—Testing 106.91(b)(1),                                            2                            1                  2                  2             4
                                                                                106.91(b)(2) and 106.91(b)(3).
                                                  17 ......................   General Quality Control 106.91(b)(1), 106.91(d),                                         2                          52               104              0.15            15.6
                                                                                and 106.100(e)(5)(i).
                                                  18 ......................   General Quality Control 106.91(b)(2) 106.91(d),                                          2                          52               104              0.15            15.6
                                                                                and 106.100(e)(5)(i).
                                                  19 ......................   General Quality Control 106.91(b)(3) 106.91(d),                                          2                          52               104              0.15            15.6
                                                                                and 106.100(e)(5)(i).
                                                  20 ......................   Audit Plans and Procedures 106.94—Ongoing re-                                            3                            1                 3                   8          24
                                                                                view and updating of Audits.
                                                  21 ......................   Audit Plans and Procedures 106.94—Regular Au-                                            3                          52               156                    4         624
                                                                                dits.

                                                                              Total Recurring Recordkeeping Burden ...................         ..........................   ..........................   ................   ................    6,328.06

                                                                              Total Recordkeeping Burden ...................................   ..........................   ..........................   ................   ................   25,648.06
                                                     1 Asnoted previously in the document, the burden for making and maintaining such records is expected to occur once every 4 years. The total
                                                  hours column reflects the total number of hours averaged over the 4-year period.
                                                    2 As noted previously in the document, the burden for making and maintaining such records is expected to occur once every 4 years. The total
                                                  hours column reflects the total number of hours averaged over the 4-year period.


                                                  III. References                                                information by the Agency. Under the                                 information they conduct or sponsor.
                                                     The following references have been                          Paperwork Reduction Act of 1995 (the                                 ‘‘Collection of information’’ is defined
                                                  placed on display in the Division of                           PRA), Federal Agencies are required to                               in 44 U.S.C. 3502(3) and 5 CFR
                                                  Dockets Management (HFA–305), Food                             publish notice in the Federal Register                               1320.3(c) and includes Agency requests
                                                  and Drug Administration, 5630 Fishers                          concerning each proposed collection of                               or requirements that members of the
                                                  Lane, rm. 1061, Rockville, MD 20852,                           information, including each proposed                                 public submit reports, keep records, or
                                                  and may be seen by interested persons                          extension of an existing collection of                               provide information to a third party.
                                                  between 9 a.m. and 4 p.m., Monday                              information, and to allow 60 days for                                Section 3506(c)(2)(A) of the PRA (44
                                                  through Friday.                                                public comment in response to the                                    U.S.C. 3506(c)(2)(A)) requires Federal
                                                                                                                 notice. This notice solicits comments on                             Agencies to provide a 60-day notice in
                                                  1. Zink, Don. Statement of Donald L. Zink,                     the Emergency Shortages Data
                                                     Ph.D.: Infant Formula Manufacturing                                                                                              the Federal Register concerning each
                                                                                                                 Collection System.                                                   proposed collection of information,
                                                     Practices, 2013.
                                                                                                                 DATES: Submit either electronic or                                   including each proposed extension of an
                                                    Dated: March 12, 2015.                                       written comments on the collection of                                existing collection of information,
                                                  Leslie Kux,                                                    information by May 18, 2015.                                         before submitting the collection to OMB
                                                  Associate Commissioner for Policy.                             ADDRESSES: Submit electronic                                         for approval. To comply with this
                                                  [FR Doc. 2015–06117 Filed 3–17–15; 8:45 am]                    comments on the collection of                                        requirement, FDA is publishing notice
                                                  BILLING CODE 4164–01–P                                         information to http://                                               of the proposed collection of
                                                                                                                 www.regulations.gov. Submit written
                                                                                                                                                                                      information set forth in this document.
                                                                                                                 comments on the collection of
                                                  DEPARTMENT OF HEALTH AND                                       information to the Division of Dockets                                  With respect to the following
                                                  HUMAN SERVICES                                                 Management (HFA–305), Food and Drug                                  collection of information, FDA invites
                                                                                                                 Administration, 5630 Fishers Lane, Rm.                               comments on these topics: (1) Whether
                                                  Food and Drug Administration                                   1061, Rockville, MD 20852. All                                       the proposed collection of information
                                                  [Docket No. FDA–2012–N–0197]                                   comments should be identified with the                               is necessary for the proper performance
                                                                                                                 docket number found in brackets in the                               of FDA’s functions, including whether
                                                  Agency Information Collection                                  heading of this document.                                            the information will have practical
                                                  Activities; Proposed Collection;                               FOR FURTHER INFORMATION CONTACT: FDA                                 utility; (2) the accuracy of FDA’s
                                                  Comment Request; Emergency                                     PRA Staff, Office of Operations, Food                                estimate of the burden of the proposed
                                                  Shortages Data Collection System                               and Drug Administration, 8455                                        collection of information, including the
                                                                                                                 Colesville Rd., COLE–14526, Silver                                   validity of the methodology and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  AGENCY:       Food and Drug Administration,
                                                                                                                 Spring, MD 20993–0002, PRAStaff@                                     assumptions used; (3) ways to enhance
                                                  HHS.
                                                                                                                 fda.hhs.gov.                                                         the quality, utility, and clarity of the
                                                  ACTION:      Notice.
                                                                                                                 SUPPLEMENTARY INFORMATION: Under the                                 information to be collected; and (4)
                                                  SUMMARY: The Food and Drug                                     PRA (44 U.S.C. 3501–3520), Federal                                   ways to minimize the burden of the
                                                  Administration (FDA) is announcing an                          Agencies must obtain approval from the                               collection of information on
                                                  opportunity for public comment on the                          Office of Management and Budget                                      respondents, including through the use
                                                  proposed collection of certain                                 (OMB) for each collection of                                         of automated collection techniques,


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                                                                               Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices                                              14139

                                                  when appropriate, and other forms of                     mitigation strategies, and support real-              data collection effort and makes the
                                                  information technology.                                  time decision-making by the                           specific data request. After the initial
                                                                                                           Department of Health and Human                        call, one or more additional follow-up
                                                  Emergency Shortages Data Collection
                                                                                                           Services during actual emergencies or                 calls and/or electronic mail
                                                  System—Section 903(d)(2) of the
                                                                                                           emergency preparedness exercises.                     correspondence may be required to
                                                  Federal Food, Drug, and Cosmetic Act
                                                                                                             FDA developed ‘‘The Emergency                       verify/validate data sent from the
                                                  (OMB Control Number 0910–0491)—
                                                                                                           Medical Device Shortages Program                      manufacturer, confirm receipt, and/or
                                                  (Extension)
                                                                                                           Survey’’ in 2002 to support the                       request additional detail. Although the
                                                     Under section 903(d)(2) of the Federal                acquisition of such data from medical                 regulatory officer is the agent who the
                                                  Food, Drug, and Cosmetic Act (the                        device manufacturers. In 2004, CDRH                   EST member initially contacts,
                                                  FD&C Act) (21 U.S.C. 393(d)(2)), the                     changed the process for the data                      regulatory officers may designate an
                                                  Commissioner of Food and Drugs is                        collection, and the electronic database               alternate representative within their
                                                  authorized to implement general powers                   in which the data were stored was                     organization to correspond subsequently
                                                  (including conducting research) to carry                 formally renamed the ‘‘Emergency                      with the CDRH EST member who is
                                                  out effectively the mission of FDA.                      Shortages Data Collection System’’                    collecting or verifying/validating the
                                                  Subsequent to the events of September                    (ESDCS). Recognizing that some of the                 data.
                                                  11, 2001, and as part of broader                         data collected may be commercially                       Because of the dynamic nature of the
                                                  counterterrorism and emergency                           confidential, access to the ESDCS is                  medical device industry, particularly
                                                  preparedness activities, FDA’s Center                    restricted to members of the CDRH                     with respect to specific product lines,
                                                  for Devices and Radiological Health                      Emergency Shortage Team (EST) and                     manufacturing capabilities, and raw
                                                  (CDRH) began developing operational                      senior management with a need-to-                     material/subcomponent sourcing, it is
                                                  plans and interventions that would                       know. At this time, the need-to-know                  necessary to update the data in the
                                                  enable CDRH to anticipate and respond                    senior management personnel are                       ESDCS at regular intervals. The EST
                                                  to medical device shortages that might                   limited to two senior managers. Further,              makes such updates on a regular basis,
                                                  arise in the context of Federally                        the data are used by this defined group               but makes efforts to limit the frequency
                                                  declared disasters/emergencies or                        only for decision making and planning                 of outreach to a specific manufacturer to
                                                  regulatory actions. In particular, CDRH                  in the context of a Federally declared                no more than every 4 months.
                                                  identified the need to acquire and                       disaster/emergency, an official                          The ESDCS will only include those
                                                  maintain detailed data on domestic                       emergency preparedness exercise, or a                 medical devices for which there will
                                                  inventory, manufacturing capabilities,                   potential public health risk posed by                 likely be high demand during a specific
                                                  distribution plans, and raw material                     non-disaster-related device shortage.                 emergency/disaster, or for which there
                                                  constraints for medical devices that                       The data procurement process                        are sufficiently small numbers of
                                                  would be in high demand, and/or would                    consists of an initial scripted telephone             manufacturers such that disruption of
                                                  be vulnerable to shortages in specific                   call to a regulatory officer at a registered          manufacture or loss of one or more of
                                                  disaster/emergency situations or                         manufacturer of one or more key                       these manufacturers would create a
                                                  following specific regulatory actions.                   medical devices tracked in the ESDCS.                 shortage.
                                                  Such data could support prospective                      In this initial call, the EST member                     FDA estimates the burden of this
                                                  risk assessment, help inform risk                        describes the intent and goals of the                 collection of information as follows:

                                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                        Number of                      Average
                                                                                                                                         Number of       responses   Total annual    burden per
                                                                            Activity/FD&C act section                                                                                             Total hours
                                                                                                                                        respondents         per       responses       response
                                                                                                                                                        respondent                     (hours)

                                                  Emergency Shortages Data Collection System (903(d)(2)) ....................              125               3             375          0.5          188
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                     FDA based the burden estimates in                     request will not exceed 30 minutes per                DEPARTMENT OF HEALTH AND
                                                  table 1 of this document on past                         request cycle.                                        HUMAN SERVICES
                                                  experience with direct contact with the                    Dated: March 12, 2015.
                                                  medical device manufacturers and                                                                               Food and Drug Administration
                                                                                                           Leslie Kux,
                                                  anticipated changes in the medical
                                                  device manufacturing patterns for the                    Associate Commissioner for Policy.                    [Docket No. FDA–2015–N–0001]
                                                  specific devices being monitored. FDA                    [FR Doc. 2015–06118 Filed 3–17–15; 8:45 am]
                                                  estimates that approximately 125                         BILLING CODE 4164–01–P
                                                                                                                                                                 Cardiovascular and Renal Drugs
                                                  manufacturers would be contacted by                                                                            Advisory Committee; Amendment of
                                                                                                                                                                 Notice
                                                  telephone and/or electronic mail 3 times
                                                  per year either to obtain primary data or                                                                      AGENCY:   Food and Drug Administration,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  to verify/validate data. Because the                                                                           HHS.
                                                  requested data represent data elements                                                                         ACTION:   Notice.
                                                  that are monitored or tracked by
                                                  manufacturers as part of routine                                                                               SUMMARY:  The Food and Drug
                                                  inventory management activities, it is                                                                         Administration (FDA) is announcing an
                                                  anticipated that for most manufacturers,                                                                       amendment to the notice of meeting of
                                                  the estimated time required of                                                                                 the Cardiovascular and Renal Drugs
                                                  manufacturers to complete the data                                                                             Advisory Committee. This meeting was


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Document Created: 2018-02-21 09:39:52
Document Modified: 2018-02-21 09:39:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by May 18, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 14138 

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