80_FR_32244 80 FR 32136 - Draft Guidance for Industry on the Voluntary Qualified Importer Program for Food Importers and Guidelines in Consideration of the Burden of the Voluntary Qualified Importer Program Fee Amounts on Small Business; Availability

80 FR 32136 - Draft Guidance for Industry on the Voluntary Qualified Importer Program for Food Importers and Guidelines in Consideration of the Burden of the Voluntary Qualified Importer Program Fee Amounts on Small Business; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32136-32140
FR Document2015-13706

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry on the Voluntary Qualified Importer Program (VQIP) for importers of human or animal food. The draft guidance describes VQIP, which provides for expedited review and importation of food offered for importation by importers who voluntarily agree to participate in the program. The draft guidance describes the eligibility criteria for, and benefits of, participation in VQIP. The draft guidance also provides information on submitting an application for VQIP participation, obtaining a facility certification for the foreign supplier of a food imported under VQIP, the VQIP user fee, conditions that might result in the revocation of VQIP eligibility, and criteria for reinstatement of eligibility. We are issuing the draft guidance in accordance with the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32136-32140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13706]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0144]


Draft Guidance for Industry on the Voluntary Qualified Importer 
Program for Food Importers and Guidelines in Consideration of the 
Burden of the Voluntary Qualified Importer Program Fee Amounts on Small 
Business; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry on the Voluntary 
Qualified Importer Program (VQIP) for importers of human or animal 
food. The draft guidance describes VQIP, which provides for expedited 
review and importation of food offered for importation by importers who 
voluntarily agree to participate in the program. The draft guidance 
describes the eligibility criteria for, and benefits of, participation 
in VQIP. The draft guidance also provides information on submitting an 
application for VQIP participation, obtaining a facility certification 
for the foreign supplier of a food imported under VQIP, the VQIP user 
fee, conditions that might result in the revocation of VQIP 
eligibility, and criteria for reinstatement of eligibility. We are 
issuing the draft guidance in accordance with the Federal Food, Drug, 
and Cosmetic Act (FD&C Act).

DATES: Although you may comment on any guidance at any time (21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comments on 
this draft guidance before it completes a final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by August 19, 2015. Submit either electronic or written 
comments on the proposed collection of information by August 4, 2015.

ADDRESSES: Submit written requests for single copies of this draft 
guidance to the Office of Enforcement and Import Operations (ELEM-
3108), Office of Regulatory Affairs, Food and Drug Administration, 
12420 Parklawn Dr., Element Bldg., Rockville, MD 20857. Send two self-
addressed adhesive labels to assist that office in processing your 
request. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance.
    Submit electronic comments on the draft guidance, including 
comments

[[Page 32137]]

regarding the proposed collection of information, to http://www.regulations.gov. Submit written comments on the draft guidance, 
including comments regarding the proposed collection of information, to 
the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: 
    With regard to this draft guidance: Domenic Veneziano, Office of 
Enforcement and Import Operations (ELEM-3108), Office of Regulatory 
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Element 
Bldg., Rockville, MD 20857, 301-796-0356.
    With regard to the proposed collection of information: FDA PRA 
Staff, Office of Operations, Food and Drug Administration, 8455 
Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-353) 
(FSMA) enables FDA to better protect public health by helping to ensure 
the safety and security of the food supply. It enables FDA to focus 
more on preventing food safety problems rather than relying primarily 
on reacting to problems after they occur. FSMA recognizes the important 
role industry plays in ensuring the safety of the food supply, 
including the adoption of modern systems of preventive controls in food 
production. Under FSMA, those that import food have a responsibility to 
ensure that their suppliers produce food that meets U.S. safety 
standards.
    FSMA also requires FDA to establish a voluntary, fee-based program 
for the expedited review and importation of foods from importers who 
achieve and maintain a high level of control over the safety and 
security of their supply chains. This control includes importation of 
food from facilities that have been certified under FDA's accredited 
third-party audit program, as well as other measures that support a 
high level of confidence in the safety and security of the food they 
import. Expedited entry incentivizes importers to adopt a robust system 
of supply chain management and further benefits public health by 
allowing FDA to focus its resources on food entries that pose a higher 
risk to public health.
    Section 302 of FSMA amended the FD&C Act by adding new section 806, 
Voluntary Qualified Importer Program (21 U.S.C. 384b). Section 
806(a)(1) of the FD&C Act directs FDA to establish this voluntary 
program for the expedited review and importation of food, and to 
establish a process for the issuance of a facility certification to 
accompany food offered for importation by importers participating in 
VQIP. Section 806(a)(2) directs FDA to issue a guidance document 
related to participation in, revocation of such participation in, 
reinstatement in, and compliance with VQIP.
    In accordance with section 806 of the FD&C Act, we are announcing 
the availability of a draft guidance for industry on VQIP. The draft 
guidance provides information on all aspects of VQIP participation, 
including the following:
     Benefits of VQIP participation;
     Eligibility criteria;
     Instructions for obtaining facility certifications for 
foreign suppliers;
     Instructions for completing a VQIP application;
     VQIP user fees;
     Conditions that might result in revocation of VQIP 
benefits; and
     Criteria for reinstatement of VQIP benefits.
    When this program begins, we encourage food importers with robust 
supplier verification programs to apply for participation in VQIP. We 
believe that the benefits of VQIP participation, including expedited 
entry and reduced sampling by FDA, will be of substantial value to 
importers. We also anticipate that VQIP will benefit the public health 
by incentivizing the adoption of robust supplier verification programs 
and by allowing FDA to focus its resources on food shipments that pose 
a higher risk to public health and will facilitate risk-based 
admissibility practices.
    We anticipate that VQIP application review will need to be limited 
in the program's first year of operation due to the demands on Agency 
resources necessitated by the initial establishment of the program and 
review of applications. For the purpose of calculating the fee, we have 
estimated that we would receive 200 notices of intent to participate 
and be able to review 200 applications in the first year. However, 
depending on the amount of resources needed in initiating the program, 
it might be possible that we will be able to review fewer or more than 
200 applications in the first year. Applications will be reviewed in 
the order that they are submitted. We request comment on this potential 
limitation on participation in the initial year of VQIP.

II. Guidelines in Consideration of the Burden of the VQIP Fee Amounts 
on Small Business

    FSMA directs FDA to collect fees to fund the VQIP program. Under 
the process established by FSMA, FDA must issue a proposed set of 
guidelines that consider the burden of the VQIP fee on small businesses 
and provide for a period of public comment on these guidelines. It is 
important to note that these guidelines have no binding effect on the 
Agency or the industry; instead they provide an opportunity for FDA to 
consider the burden of VQIP fee amounts on small businesses, and for 
the public to comment. By publishing these guidelines, FDA intends to 
gather the necessary information to determine if the fee will burden 
small businesses. After we issue these guidelines and consider the 
comments, FDA will publish a Federal Register notice with information 
about the actual fee schedule for the program at least 60 days prior to 
the start of the program in accordance with section 743(b)(1) of the 
FD&C Act.
    More specifically, section 107 of FSMA amended the FD&C Act by 
adding new section 743, Authority to Collect and Use Fees (21 U.S.C. 
379j-31). Section 743(a) of the FD&C Act authorizes FDA to assess and 
collect fees from each importer participating in VQIP to cover the 
administrative costs of the program. Each fiscal year, fees are to be 
established based on an estimate of 100 percent of the costs for the 
year. The fee rates must be published in a Federal Register notice not 
later than 60 days before the start of each fiscal year (section 
743(b)(1) of the FD&C Act).
    Consistent with section 743(b)(2)(B)(iii) of the FD&C Act, this 
notice sets forth a proposed set of guidelines in consideration of the 
burden of fee amounts on small business. These guidelines provide an 
opportunity for public comment.
    In order for small businesses to comment effectively, FDA has 
preliminarily estimated a possible fee amount based on an estimate of 
the number of importers we expect to participate in VQIP (200 in Fiscal 
Year (FY) 2018) and our estimate of 100 percent of the costs of 
administering the program, which we anticipate will be $3.4 million in 
FY 2018. The total estimated administrative costs of the program 
includes the costs of the application review process for 200 
applications, the costs of conducting inspections of importers (both 
foreign and domestic) accepted into the program, the costs of our final 
determination of eligibility into the

[[Page 32138]]

program, and annual Information Technology (IT) maintenance costs. 
Using these assumptions, FDA estimates, at this time, that the annual 
fee would be approximately $16,400, if an equal fee were assessed on 
each of 200 participants. This number is only a preliminary estimate 
and intended to provide small businesses with an estimate of what the 
program might cost so that they can comment on any burden the fee might 
impose. After considering all comments on these guidelines, we will 
publish the actual fee in a Federal Register notice published in 
accordance with section 743(b)(1) of the FD&C Act prior to the fiscal 
year when we begin program benefits.
    We estimate a flat $16,400 fee to be paid by all VQIP participants. 
We have used this model for this estimate in light of the voluntary 
nature of this program. There is no requirement for an importer to pay 
a fee unless the importer decides to participate in the program. We do 
not anticipate that fees charged as part of a voluntary program that 
provides the benefit of expedited review and importation of foods would 
present a burden on small businesses because a business will choose to 
apply only if the anticipated benefit exceeds the fee amount.
    Based upon our current estimate of approximately $16,400 for the 
annual VQIP fee, we are requesting comment on whether and how this fee 
might be a burden on small business. Please provide as detailed 
information as possible regarding any potential burden. In addition, we 
seek comment on the following questions:
     If the fee does create a burden on small business, should 
FDA consider a reduction in the fee?
     If FDA were to consider a reduction in the fee, how should 
FDA define a small business for purposes of determining who is eligible 
for a fee reduction? Should FDA consider annual gross sales or value of 
the import entry (based on U.S. Customs and Border Protection data)? 
What other criteria could be used?
     If FDA were to consider a reduction in the fee, should the 
fee be increased for larger importers to ensure full reimbursement of 
FDA costs for the program?
     If FDA were to consider a reduction in the fee, how should 
any reduction be structured? Should the reduction be an established 
percentage of the full fee for all small businesses? What percentage 
would be appropriate? Should it vary based on annual gross sales or the 
value of the import entry?
     Should FDA consider an alternative structure that might 
indirectly reduce fees for small businesses by charging different fee 
amounts to different VQIP participants depending on the number of 
facilities included in the application and/or the number of products 
included in the application? Would such an approach result in small 
businesses paying lower fees than larger businesses?

III. Paperwork Reduction Act of 1995

    The draft VQIP guidance document contains information collection 
provisions that are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3501-3520). A description of these provisions is given below with 
estimates of the annual recordkeeping and reporting burdens. Included 
in the estimate is the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing each collection of information.
    We invite 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, when 
appropriate, and other forms of information technology.
    Title: Draft Guidance for Industry: FDA's Voluntary Qualified 
Importer Program.
    Description: This draft guidance document describes the FDA policy 
regarding requests for participation by food importers in the Agency's 
Voluntary Qualified Importer Program (VQIP). The VQIP provides for 
expedited review and importation of food offered for importation by 
importers who voluntarily agree to participate in VQIP. An importer who 
has voluntarily agreed to participate in VQIP will meet the application 
and inspection criteria outlined in the guidance document, including a 
facility certification for the VQIP food offered for import.
    Description of respondents: FDA anticipates a need to limit the 
number of applications for the VQIP program to 200 applicants for FY 
2018, which is the first year that VQIP will be operational. Each 
applicant will be an importer of record (IOR), the manufacturer, owner, 
or consignee. This limit will enable FDA to conduct a timely and 
efficient review of the applications to ensure that approved applicants 
begin receiving the benefits of participation in VQIP by October 2018.
    Information collection burden estimate: The burden of this 
information collection consists of preparation of documents for VQIP 
application, completion of VQIP application package, annual renewal of 
VQIP status, and development of written procedures and other 
documentation of the VQIP Quality Assurance Program (QAP).
    Recordkeeping Burden: In summary, the total one-time recordkeeping 
burden on importers under VQIP is estimated at 32,000 hours (see table 
1). The annual recordkeeping burden of complying with the draft VQIP 
guidance document is estimated at 3,200 hours (see table 2).

                              Table 1--Estimated One-Time Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden
                                     Number of       Number of    Total one-time        per
   Guidance document provision     recordkeepers    records per       records      recordkeeping    Total hours
                                                   recordkeeper                     (in hours)
----------------------------------------------------------------------------------------------------------------
QAP preparation.................             200               1             200             160          32,000
                                 -------------------------------------------------------------------------------
    Total One-Time Recordkeeping  ..............  ..............  ..............  ..............          32,000
     Burden.....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 32139]]


                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden
                                     Number of       Number of     Total annual         per
   Guidance document provision     recordkeepers    records per       records      recordkeeping    Total hours
                                                   recordkeeper                     (in hours)
----------------------------------------------------------------------------------------------------------------
QAP modification................             200               1             200              16           3,200
                                 -------------------------------------------------------------------------------
    Total Annual Recordkeeping    ..............  ..............  ..............  ..............           3,200
     Burden.....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The draft guidance describes how VQIP applicants will prepare and 
document implementation of a QAP. Written policies and procedures 
related to the QAP are to be organized and submitted with the VQIP 
application (see Section F of the draft guidance document). The QAP 
will include information on the applicant's company profile, 
organization structure, and quality policy statement. The QAP will also 
include information on the applicant's company food safety system, food 
defense system, training, documentation of contracts that fulfill any 
task within the QAP, and procedures for record retention.
    The majority of provisions in the QAP Food Safety Policies and 
Procedures section are similar to proposed requirements for food safety 
plans in FDA's proposed rule on Current Good Manufacturing Practice and 
Hazard Analysis and Risk-Based Prevention Controls for Human Food (PC 
proposed rule) (78 FR 3646, January 16, 2013), or proposed requirements 
in FDA's proposed rule on Focused Mitigation Strategies to Protect Food 
Against Intentional Adulteration (IA proposed rule) (78 FR 78014, 
December 24, 2013). The QAP Food Safety Policies and Procedures section 
states that the VQIP applicant should provide the following: (1) 
Analysis of the regulations and requirements that apply to the imported 
food, the processor, grower, transporter and importer; (2) risk 
analysis that identifies the safety and security vulnerabilities and 
the preventive controls that should be instituted to ensure product 
safety (similar to the hazard analysis requirement in the PC proposed 
rule (Sec.  117.130)); (3) mitigation strategies for each safety 
vulnerability identified during your risk analysis (similar to the 
corrective actions requirement in the PC proposed rule (Sec.  117.145) 
and mitigation strategies in the IA proposed rule (Sec.  121.135(b)); 
(4) mechanism for verifying food and firm compliance throughout the 
supply chain; (5) process for periodic review of food and firm 
compliance (similar to verification requirements in the PC proposed 
rule (Sec.  117.150)); (6) procedures for communicating information; 
(7) corrective action procedures (similar to corrective actions 
requirements in the PC proposed rule (Sec.  117.145)); and (8) training 
plan.
    The QAP Implementation section directs the VQIP applicant to 
describe its procedures for auditing and updating the QAP, and its 
procedures for ensuring its VQIP QAP is current and appropriately 
implemented (similar to the verification implementation and 
effectiveness requirements in the PC proposed rule (Sec.  117.150(d)).
    Under the PC proposed rule, the food safety plan requirements 
include written hazard analysis, description of preventive controls, 
monitoring the implementation of the preventive controls, corrective 
action procedures, verification procedures, and recall plan. In the PRA 
analysis for the PC proposed rule, the recordkeeping burden for 
preparing a food safety plan is estimated at 110 hours (Ref. 1). We use 
the recordkeeping burden of preparing a food safety plan, 110 hours, as 
a proxy for the burden to prepare QAP Food Safety Policies and 
Procedures.
    The VQIP food defense security criterion is similar to the Food 
Defense Plan requirement under proposed Sec.  121.126 in the IA 
proposed rule. Under the IA proposed rule, the food defense plan must 
include the written identification of actionable process steps, focused 
mitigation strategies, procedures for monitoring, corrective action 
procedures, and verification procedures. In the Preliminary Regulatory 
Impact Analysis (PRIA) of the IA proposed rule, we estimated that, on 
average, it would take an operations manager and a legal counsel 20 
hours each to prepare a food defense plan (Ref. 2). Therefore, we 
estimate that, on average, it would take 40 hours for an applicant to 
prepare the food defense portion of the VQIP QAP.
    We expect that it will take a VQIP applicant no longer than 10 
hours to provide its company profile, organization structure, quality 
policy statement, documentation of contracts, and procedures for record 
retention. On average, the preparation of a QAP by a VQIP applicant is 
estimated at approximately 160 hours (110 + 40 + 10). In estimation of 
the one-time recordkeeping burden to prepare a QAP manual, we assume 
that VQIP importers do not already have a similar manual in place 
(e.g., food safety plan under the PC proposed rule, food defense plan 
under the IA proposed rule). The one-time recordkeeping burden for 200 
VQIP applicants to prepare QAPs is estimated at 32,000 hours (200 
applicants x 160 hours/applicant) (see table 1). To the extent that 
some importers do have QAP manuals in place, the burden would be 
overestimated.
    A VQIP importer is expected to update its QAP on an on-going basis. 
We estimate that it would take 10 percent of the effort to prepare the 
QAP, or 16 hours, to update the QAP each year. Therefore, we estimate 
the annual recordkeeping burden of modification of the QAP for 200 VQIP 
importers at 3,200 hours (200 importers x 16 hours/importer) (see table 
2).
    Reporting Burden: In summary, the total one-time reporting burden 
of participation in VQIP by 200 importers is estimated at 18,000 hours 
(see table 3). Total annual recordkeeping burden for VQIP importers is 
estimated at 4,000 hours (see table 4).

[[Page 32140]]



                                Table 3--Estimated One-Time Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
   Guidance document provision       Number of     responses per  Total one-time   per response     Total hours
                                    respondents     respondent       responses      (in hours)
----------------------------------------------------------------------------------------------------------------
Initial VQIP application........             100               1             100              80           8,000
Initial VQIP application with re-            100               1             100             100          10,000
 submissions....................
                                 -------------------------------------------------------------------------------
    Total One-Time Reporting      ..............  ..............  ..............  ..............          18,000
     Burden.....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                                 Table 4--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
   Guidance document provision       Number of     responses per   Total annual    per response     Total hours
                                     responses      respondent       responses      (in hours)
----------------------------------------------------------------------------------------------------------------
Renewal of VQIP application.....             200               1             200              20           4,000
                                 -------------------------------------------------------------------------------
    Total Annual Reporting        ..............  ..............  ..............  ..............           4,000
     Burden.....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The draft guidance document allows for food importers to apply for 
VQIP. We estimate that up to 200 qualified importers will be accepted 
in the first year of VQIP. We estimate that it will take 80 person-
hours to compile all the relevant information and complete the 
application for the VQIP program. For the purpose of this analysis, we 
assume that 50 percent of all applications received will require 
additional information and it would take an additional 20 person-hours 
by the importer to provide that information. Therefore, we estimate 
that 100 importers will spend 8,000 hours (80 hours/importer x 100 
importers) and 100 importers will spend 10,000 hours (100 hours/
importer x 100 importers) to submit their initial VQIP applications for 
a total one-time reporting burden of 18,000 hours (see table 3).
    The draft guidance document states that each VQIP participant will 
submit to FDA a notice of intent to maintain its participation in VQIP 
and update information on its original application on an annual basis. 
We expect that each of the expected 200 importers in VQIP would apply 
to renew their intent to maintain their participation in VQIP. We 
expect that annual applications to renew participation in VQIP will 
take significantly less time to prepare than initial applications. We 
use 25 percent of the amount of effort to prepare and submit the 
initial application for acceptance in VQIP. Therefore, it is expected 
that, on average, each VQIP importer will spend 20 hours every year to 
complete and submit an application for renewal of its VQIP status. The 
annual burden of completing the renewal application for VQIP status by 
200 importers is estimated at 4,000 hours (200 applications x 20 hours/
application) (see table 4). For the purposes of the PRA analysis of the 
draft guidance document, we have estimated costs assuming that, during 
the annual application process, affected importers will do their 
paperwork properly and completely the first time. Because we assume 
that importers will have learned about supporting documentation they 
need to submit during the initial application process, we have not 
estimated an additional burden for less than complete annual 
applications. If we assumed a less consistent outcome, the annual 
burden might be slightly higher.

IV. Comments

    Interested persons may submit either electronic comments regarding 
this draft guidance to http://www.regulations.gov or written comments 
to the Division of Dockets Management (see ADDRESSES). It is only 
necessary to send one set of comments. Identify comments with the 
docket number found in brackets in the heading of this document. 
Received comments may be seen in the Division of Dockets Management 
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to 
the docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain this draft guidance 
at either http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm253380.htm 
or http://www.regulations.gov. Use the FDA Web site listed in the 
previous sentence to find the most current version of the guidance.

VI. References

1. U.S. Food and Drug Administration. Proposed Analysis of Economic 
Impacts--Current Good Manufacturing Practice and Hazard Analysis and 
Risk-Based Preventive Controls for Human Food, available under 
Docket No. FDA-2011-N-0920.
2. U.S. Food and Drug Administration. Focused Mitigation Strategies 
to Protect Food Against Intentional Adulteration (78 FR 78014, 
December 24, 2013).

    Dated: May 29, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-13706 Filed 6-4-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                    32136                            Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    DEPARTMENT OF HEALTH AND                                DEPARTMENT OF HEALTH AND                               DEPARTMENT OF HEALTH AND
                                                    HUMAN SERVICES                                          HUMAN SERVICES                                         HUMAN SERVICES

                                                    Food and Drug Administration                            Food and Drug Administration                           Food and Drug Administration
                                                                                                                                                                   [Docket No. FDA–2011–N–0144]
                                                    [Docket No. FDA–2011–N–0362]                            [Docket No. FDA–2014–N–1069]
                                                                                                                                                                   Draft Guidance for Industry on the
                                                    Agency Information Collection                           Agency Information Collection                          Voluntary Qualified Importer Program
                                                    Activities; Announcement of Office of                   Activities; Announcement of Office of                  for Food Importers and Guidelines in
                                                    Management and Budget Approval;                         Management and Budget Approval;                        Consideration of the Burden of the
                                                    Current Good Manufacturing Practices                    Blood Establishment Registration and                   Voluntary Qualified Importer Program
                                                    for Finished Pharmaceuticals                            Product Listing, Form FDA 2830                         Fee Amounts on Small Business;
                                                                                                                                                                   Availability
                                                    AGENCY:    Food and Drug Administration,                AGENCY:    Food and Drug Administration,
                                                    HHS.                                                    HHS.                                                   AGENCY:   Food and Drug Administration,
                                                                                                                                                                   HHS.
                                                    ACTION:   Notice.                                       ACTION:   Notice.                                      ACTION:   Notice.

                                                    SUMMARY:   The Food and Drug                            SUMMARY:   The Food and Drug                           SUMMARY:    The Food and Drug
                                                    Administration (FDA) is announcing                      Administration (FDA) is announcing                     Administration (FDA or Agency) is
                                                    that a collection of information entitled               that a collection of information entitled,             announcing the availability of a draft
                                                    ‘‘Current Good Manufacturing Practices                  ‘‘Blood Establishment Registration and                 guidance for industry on the Voluntary
                                                    for Finished Pharmaceuticals’’ has been                 Product Listing, Form FDA 2830’’ has                   Qualified Importer Program (VQIP) for
                                                    approved by the Office of Management                    been approved by the Office of                         importers of human or animal food. The
                                                    and Budget (OMB) under the Paperwork                    Management and Budget (OMB) under                      draft guidance describes VQIP, which
                                                    Reduction Act of 1995.                                  the Paperwork Reduction Act of 1995.                   provides for expedited review and
                                                                                                                                                                   importation of food offered for
                                                    FOR FURTHER INFORMATION CONTACT:    FDA                 FOR FURTHER INFORMATION CONTACT:    FDA                importation by importers who
                                                    PRA Staff, Office of Operations, Food                   PRA Staff, Office of Operations, Food                  voluntarily agree to participate in the
                                                    and Drug Administration, 8455                           and Drug Administration, 8455                          program. The draft guidance describes
                                                    Colesville Rd., COLE–14526, Silver                      Colesville Rd., COLE–14526, Silver                     the eligibility criteria for, and benefits
                                                    Spring, MD 20993–0002, PRAStaff@                        Spring, MD 20993–0002, PRAStaff@                       of, participation in VQIP. The draft
                                                    fda.hhs.gov.                                            fda.hhs.gov.                                           guidance also provides information on
                                                                                                                                                                   submitting an application for VQIP
                                                    SUPPLEMENTARY INFORMATION:     On March                 SUPPLEMENTARY INFORMATION:      On                     participation, obtaining a facility
                                                    06, 2015, the Agency submitted a                        February 09, 2015, the Agency                          certification for the foreign supplier of
                                                    proposed collection of information                      submitted a proposed collection of                     a food imported under VQIP, the VQIP
                                                    entitled ‘‘Current Good Manufacturing                   information entitled, ‘‘Blood                          user fee, conditions that might result in
                                                    Practices for Finished Pharmaceuticals’’                Establishment Registration and Product                 the revocation of VQIP eligibility, and
                                                    to OMB for review and clearance under                   Listing, Form FDA 2830’’ to OMB for                    criteria for reinstatement of eligibility.
                                                    44 U.S.C. 3507. An Agency may not                       review and clearance under 44 U.S.C.                   We are issuing the draft guidance in
                                                    conduct or sponsor, and a person is not                 3507. An Agency may not conduct or                     accordance with the Federal Food, Drug,
                                                    required to respond to, a collection of                 sponsor, and a person is not required to               and Cosmetic Act (FD&C Act).
                                                    information unless it displays a                        respond to, a collection of information                DATES: Although you may comment on
                                                    currently valid OMB control number.                     unless it displays a currently valid OMB               any guidance at any time (21 CFR
                                                    OMB has now approved the information                    control number. OMB has now                            10.115(g)(5)), to ensure that the Agency
                                                    collection and has assigned OMB                         approved the information collection and                considers your comments on this draft
                                                    control number 0910–0139. The                           has assigned OMB control number                        guidance before it completes a final
                                                    approval expires on May 31, 2018. A                     0910–0052. The approval expires on                     version of the guidance, submit either
                                                    copy of the supporting statement for this               May 31, 2018. A copy of the supporting                 electronic or written comments on the
                                                    information collection is available on                  statement for this information collection              draft guidance by August 19, 2015.
                                                    the Internet at http://www.reginfo.gov/                 is available on the Internet at http://                Submit either electronic or written
                                                    public/do/PRAMain.                                      www.reginfo.gov/public/do/PRAMain.                     comments on the proposed collection of
                                                                                                                                                                   information by August 4, 2015.
                                                      Dated: June 1, 2015.                                    Dated: June 1, 2015.
                                                                                                                                                                   ADDRESSES: Submit written requests for
                                                    Leslie Kux,                                             Leslie Kux,                                            single copies of this draft guidance to
                                                    Associate Commissioner for Policy.                      Associate Commissioner for Policy.                     the Office of Enforcement and Import
                                                    [FR Doc. 2015–13696 Filed 6–4–15; 8:45 am]              [FR Doc. 2015–13697 Filed 6–4–15; 8:45 am]             Operations (ELEM–3108), Office of
                                                    BILLING CODE 4164–01–P                                  BILLING CODE 4164–01–P                                 Regulatory Affairs, Food and Drug
                                                                                                                                                                   Administration, 12420 Parklawn Dr.,
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                                                                                                                                                                   Element Bldg., Rockville, MD 20857.
                                                                                                                                                                   Send two self-addressed adhesive labels
                                                                                                                                                                   to assist that office in processing your
                                                                                                                                                                   request. See the SUPPLEMENTARY
                                                                                                                                                                   INFORMATION section for electronic
                                                                                                                                                                   access to the draft guidance.
                                                                                                                                                                      Submit electronic comments on the
                                                                                                                                                                   draft guidance, including comments


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                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                            32137

                                                    regarding the proposed collection of                    voluntary program for the expedited                    II. Guidelines in Consideration of the
                                                    information, to http://                                 review and importation of food, and to                 Burden of the VQIP Fee Amounts on
                                                    www.regulations.gov. Submit written                     establish a process for the issuance of a              Small Business
                                                    comments on the draft guidance,                         facility certification to accompany food                  FSMA directs FDA to collect fees to
                                                    including comments regarding the                        offered for importation by importers                   fund the VQIP program. Under the
                                                    proposed collection of information, to                  participating in VQIP. Section 806(a)(2)               process established by FSMA, FDA
                                                    the Division of Dockets Management                      directs FDA to issue a guidance                        must issue a proposed set of guidelines
                                                    (HFA–305), Food and Drug                                document related to participation in,                  that consider the burden of the VQIP fee
                                                    Administration, 5630 Fishers Lane, Rm.                  revocation of such participation in,                   on small businesses and provide for a
                                                    1061, Rockville, MD 20852.                              reinstatement in, and compliance with                  period of public comment on these
                                                    FOR FURTHER INFORMATION CONTACT:                        VQIP.                                                  guidelines. It is important to note that
                                                      With regard to this draft guidance:                      In accordance with section 806 of the               these guidelines have no binding effect
                                                    Domenic Veneziano, Office of                            FD&C Act, we are announcing the                        on the Agency or the industry; instead
                                                    Enforcement and Import Operations                       availability of a draft guidance for                   they provide an opportunity for FDA to
                                                    (ELEM–3108), Office of Regulatory                       industry on VQIP. The draft guidance                   consider the burden of VQIP fee
                                                    Affairs, Food and Drug Administration,                  provides information on all aspects of                 amounts on small businesses, and for
                                                    12420 Parklawn Dr., Element Bldg.,                      VQIP participation, including the                      the public to comment. By publishing
                                                    Rockville, MD 20857, 301–796–0356.                      following:                                             these guidelines, FDA intends to gather
                                                      With regard to the proposed collection                                                                       the necessary information to determine
                                                                                                               • Benefits of VQIP participation;
                                                    of information: FDA PRA Staff, Office of                                                                       if the fee will burden small businesses.
                                                    Operations, Food and Drug                                  • Eligibility criteria;                             After we issue these guidelines and
                                                    Administration, 8455 Colesville Rd.,                       • Instructions for obtaining facility               consider the comments, FDA will
                                                    COLE–14526, Silver Spring, MD 20993–                    certifications for foreign suppliers;                  publish a Federal Register notice with
                                                    0002, PRAStaff@fda.hhs.gov.                                                                                    information about the actual fee
                                                                                                               • Instructions for completing a VQIP
                                                    SUPPLEMENTARY INFORMATION:                              application;                                           schedule for the program at least 60
                                                                                                                                                                   days prior to the start of the program in
                                                    I. Background                                              • VQIP user fees;                                   accordance with section 743(b)(1) of the
                                                      The FDA Food Safety Modernization                        • Conditions that might result in                   FD&C Act.
                                                    Act (FSMA) (Pub. L. 111–353) (FSMA)                     revocation of VQIP benefits; and                          More specifically, section 107 of
                                                    enables FDA to better protect public                       • Criteria for reinstatement of VQIP                FSMA amended the FD&C Act by
                                                    health by helping to ensure the safety                  benefits.                                              adding new section 743, Authority to
                                                    and security of the food supply. It                                                                            Collect and Use Fees (21 U.S.C. 379j–
                                                    enables FDA to focus more on                               When this program begins, we                        31). Section 743(a) of the FD&C Act
                                                    preventing food safety problems rather                  encourage food importers with robust                   authorizes FDA to assess and collect
                                                    than relying primarily on reacting to                   supplier verification programs to apply                fees from each importer participating in
                                                    problems after they occur. FSMA                         for participation in VQIP. We believe                  VQIP to cover the administrative costs
                                                    recognizes the important role industry                  that the benefits of VQIP participation,               of the program. Each fiscal year, fees are
                                                    plays in ensuring the safety of the food                including expedited entry and reduced                  to be established based on an estimate
                                                    supply, including the adoption of                       sampling by FDA, will be of substantial                of 100 percent of the costs for the year.
                                                    modern systems of preventive controls                   value to importers. We also anticipate                 The fee rates must be published in a
                                                    in food production. Under FSMA, those                   that VQIP will benefit the public health               Federal Register notice not later than 60
                                                    that import food have a responsibility to               by incentivizing the adoption of robust                days before the start of each fiscal year
                                                    ensure that their suppliers produce food                supplier verification programs and by                  (section 743(b)(1) of the FD&C Act).
                                                    that meets U.S. safety standards.                       allowing FDA to focus its resources on                    Consistent with section
                                                      FSMA also requires FDA to establish                   food shipments that pose a higher risk                 743(b)(2)(B)(iii) of the FD&C Act, this
                                                    a voluntary, fee-based program for the                  to public health and will facilitate risk-             notice sets forth a proposed set of
                                                    expedited review and importation of                     based admissibility practices.                         guidelines in consideration of the
                                                    foods from importers who achieve and                       We anticipate that VQIP application                 burden of fee amounts on small
                                                    maintain a high level of control over the               review will need to be limited in the                  business. These guidelines provide an
                                                    safety and security of their supply                     program’s first year of operation due to               opportunity for public comment.
                                                    chains. This control includes                           the demands on Agency resources                           In order for small businesses to
                                                    importation of food from facilities that                necessitated by the initial establishment              comment effectively, FDA has
                                                    have been certified under FDA’s                         of the program and review of                           preliminarily estimated a possible fee
                                                    accredited third-party audit program, as                applications. For the purpose of                       amount based on an estimate of the
                                                    well as other measures that support a                   calculating the fee, we have estimated                 number of importers we expect to
                                                    high level of confidence in the safety                  that we would receive 200 notices of                   participate in VQIP (200 in Fiscal Year
                                                    and security of the food they import.                   intent to participate and be able to                   (FY) 2018) and our estimate of 100
                                                    Expedited entry incentivizes importers                  review 200 applications in the first year.             percent of the costs of administering the
                                                    to adopt a robust system of supply chain                However, depending on the amount of                    program, which we anticipate will be
                                                    management and further benefits public                  resources needed in initiating the                     $3.4 million in FY 2018. The total
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                                                    health by allowing FDA to focus its                     program, it might be possible that we                  estimated administrative costs of the
                                                    resources on food entries that pose a                   will be able to review fewer or more                   program includes the costs of the
                                                    higher risk to public health.                           than 200 applications in the first year.               application review process for 200
                                                      Section 302 of FSMA amended the                       Applications will be reviewed in the                   applications, the costs of conducting
                                                    FD&C Act by adding new section 806,                     order that they are submitted. We                      inspections of importers (both foreign
                                                    Voluntary Qualified Importer Program                    request comment on this potential                      and domestic) accepted into the
                                                    (21 U.S.C. 384b). Section 806(a)(1) of the              limitation on participation in the initial             program, the costs of our final
                                                    FD&C Act directs FDA to establish this                  year of VQIP.                                          determination of eligibility into the


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                                                    32138                                    Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    program, and annual Information                                     Protection data)? What other criteria                                      collected; and (4) ways to minimize the
                                                    Technology (IT) maintenance costs.                                  could be used?                                                             burden of the collection of information
                                                    Using these assumptions, FDA                                           • If FDA were to consider a reduction                                   on respondents, including through the
                                                    estimates, at this time, that the annual                            in the fee, should the fee be increased                                    use of automated collection techniques,
                                                    fee would be approximately $16,400, if                              for larger importers to ensure full                                        when appropriate, and other forms of
                                                    an equal fee were assessed on each of                               reimbursement of FDA costs for the                                         information technology.
                                                    200 participants. This number is only a                             program?                                                                      Title: Draft Guidance for Industry:
                                                    preliminary estimate and intended to                                   • If FDA were to consider a reduction                                   FDA’s Voluntary Qualified Importer
                                                    provide small businesses with an                                    in the fee, how should any reduction be                                    Program.
                                                    estimate of what the program might cost                             structured? Should the reduction be an                                        Description: This draft guidance
                                                    so that they can comment on any                                     established percentage of the full fee for                                 document describes the FDA policy
                                                    burden the fee might impose. After                                  all small businesses? What percentage                                      regarding requests for participation by
                                                    considering all comments on these                                   would be appropriate? Should it vary                                       food importers in the Agency’s
                                                    guidelines, we will publish the actual                              based on annual gross sales or the value                                   Voluntary Qualified Importer Program
                                                    fee in a Federal Register notice                                    of the import entry?                                                       (VQIP). The VQIP provides for
                                                    published in accordance with section                                   • Should FDA consider an alternative                                    expedited review and importation of
                                                    743(b)(1) of the FD&C Act prior to the                              structure that might indirectly reduce                                     food offered for importation by
                                                    fiscal year when we begin program                                   fees for small businesses by charging                                      importers who voluntarily agree to
                                                    benefits.                                                           different fee amounts to different VQIP                                    participate in VQIP. An importer who
                                                                                                                        participants depending on the number                                       has voluntarily agreed to participate in
                                                       We estimate a flat $16,400 fee to be                             of facilities included in the application
                                                    paid by all VQIP participants. We have                                                                                                         VQIP will meet the application and
                                                                                                                        and/or the number of products included                                     inspection criteria outlined in the
                                                    used this model for this estimate in light                          in the application? Would such an
                                                    of the voluntary nature of this program.                                                                                                       guidance document, including a facility
                                                                                                                        approach result in small businesses
                                                    There is no requirement for an importer                                                                                                        certification for the VQIP food offered
                                                                                                                        paying lower fees than larger
                                                    to pay a fee unless the importer decides                                                                                                       for import.
                                                                                                                        businesses?
                                                    to participate in the program. We do not                                                                                                          Description of respondents: FDA
                                                    anticipate that fees charged as part of a                           III. Paperwork Reduction Act of 1995                                       anticipates a need to limit the number
                                                    voluntary program that provides the                                    The draft VQIP guidance document                                        of applications for the VQIP program to
                                                    benefit of expedited review and                                     contains information collection                                            200 applicants for FY 2018, which is the
                                                    importation of foods would present a                                provisions that are subject to review by                                   first year that VQIP will be operational.
                                                    burden on small businesses because a                                the Office of Management and Budget                                        Each applicant will be an importer of
                                                    business will choose to apply only if the                           (OMB) under the Paperwork Reduction                                        record (IOR), the manufacturer, owner,
                                                    anticipated benefit exceeds the fee                                 Act of 1995 (PRA) (44 U.S.C. 3501–                                         or consignee. This limit will enable FDA
                                                    amount.                                                             3520). A description of these provisions                                   to conduct a timely and efficient review
                                                                                                                        is given below with estimates of the                                       of the applications to ensure that
                                                       Based upon our current estimate of
                                                                                                                        annual recordkeeping and reporting                                         approved applicants begin receiving the
                                                    approximately $16,400 for the annual
                                                                                                                        burdens. Included in the estimate is the                                   benefits of participation in VQIP by
                                                    VQIP fee, we are requesting comment on
                                                                                                                        time for reviewing instructions,                                           October 2018.
                                                    whether and how this fee might be a
                                                                                                                        searching existing data sources,                                              Information collection burden
                                                    burden on small business. Please
                                                                                                                        gathering and maintaining the data                                         estimate: The burden of this information
                                                    provide as detailed information as
                                                                                                                        needed, and completing and reviewing                                       collection consists of preparation of
                                                    possible regarding any potential burden.
                                                                                                                        each collection of information.                                            documents for VQIP application,
                                                    In addition, we seek comment on the
                                                                                                                           We invite comments on these topics:                                     completion of VQIP application
                                                    following questions:
                                                                                                                        (1) Whether the proposed collection of                                     package, annual renewal of VQIP status,
                                                       • If the fee does create a burden on                             information is necessary for the proper                                    and development of written procedures
                                                    small business, should FDA consider a                               performance of FDA’s functions,                                            and other documentation of the VQIP
                                                    reduction in the fee?                                               including whether the information will                                     Quality Assurance Program (QAP).
                                                       • If FDA were to consider a reduction                            have practical utility; (2) the accuracy of                                   Recordkeeping Burden: In summary,
                                                    in the fee, how should FDA define a                                 FDA’s estimate of the burden of the                                        the total one-time recordkeeping burden
                                                    small business for purposes of                                      proposed collection of information,                                        on importers under VQIP is estimated at
                                                    determining who is eligible for a fee                               including the validity of the                                              32,000 hours (see table 1). The annual
                                                    reduction? Should FDA consider annual                               methodology and assumptions used; (3)                                      recordkeeping burden of complying
                                                    gross sales or value of the import entry                            ways to enhance the quality, utility, and                                  with the draft VQIP guidance document
                                                    (based on U.S. Customs and Border                                   clarity of the information to be                                           is estimated at 3,200 hours (see table 2).

                                                                                                       TABLE 1—ESTIMATED ONE-TIME RECORDKEEPING BURDEN 1
                                                                                                                                                                                                                              Average
                                                                                                                                                                       Number of
                                                                                                                                           Number of                                           Total one-time               burden per
                                                                        Guidance document provision                                                                   records per                                                                    Total hours
                                                                                                                                         recordkeepers                                            records                 recordkeeping
                                                                                                                                                                     recordkeeper
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                                                                                                                                                                                                                             (in hours)

                                                    QAP preparation ..................................................................                     200                            1                     200                         160            32,000

                                                          Total One-Time Recordkeeping Burden .......................                    ........................   ........................   ........................   ........................         32,000
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.




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                                                                                             Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                                                                        32139

                                                                                                        TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                                                                              Average
                                                                                                                                                                       Number of
                                                                                                                                           Number of                                            Total annual                burden per
                                                                        Guidance document provision                                                                   records per                                                                    Total hours
                                                                                                                                         recordkeepers                                            records                 recordkeeping
                                                                                                                                                                     recordkeeper                                            (in hours)

                                                    QAP modification .................................................................                     200                            1                      200                         16             3,200

                                                          Total Annual Recordkeeping Burden ...........................                  ........................   ........................   ........................   ........................          3,200
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The draft guidance describes how                                  rule (§ 117.145) and mitigation strategies                                 the IA proposed rule, we estimated that,
                                                    VQIP applicants will prepare and                                    in the IA proposed rule (§ 121.135(b));                                    on average, it would take an operations
                                                    document implementation of a QAP.                                   (4) mechanism for verifying food and                                       manager and a legal counsel 20 hours
                                                    Written policies and procedures related                             firm compliance throughout the supply                                      each to prepare a food defense plan (Ref.
                                                    to the QAP are to be organized and                                  chain; (5) process for periodic review of                                  2). Therefore, we estimate that, on
                                                    submitted with the VQIP application                                 food and firm compliance (similar to                                       average, it would take 40 hours for an
                                                    (see Section F of the draft guidance                                verification requirements in the PC                                        applicant to prepare the food defense
                                                    document). The QAP will include                                     proposed rule (§ 117.150)); (6)                                            portion of the VQIP QAP.
                                                    information on the applicant’s company                              procedures for communicating                                                  We expect that it will take a VQIP
                                                    profile, organization structure, and                                information; (7) corrective action                                         applicant no longer than 10 hours to
                                                    quality policy statement. The QAP will                              procedures (similar to corrective actions                                  provide its company profile,
                                                    also include information on the                                     requirements in the PC proposed rule                                       organization structure, quality policy
                                                    applicant’s company food safety system,                             (§ 117.145)); and (8) training plan.                                       statement, documentation of contracts,
                                                    food defense system, training,                                         The QAP Implementation section                                          and procedures for record retention. On
                                                    documentation of contracts that fulfill                             directs the VQIP applicant to describe                                     average, the preparation of a QAP by a
                                                    any task within the QAP, and                                        its procedures for auditing and updating                                   VQIP applicant is estimated at
                                                    procedures for record retention.                                    the QAP, and its procedures for                                            approximately 160 hours (110 + 40 +
                                                                                                                        ensuring its VQIP QAP is current and                                       10). In estimation of the one-time
                                                      The majority of provisions in the QAP                             appropriately implemented (similar to
                                                    Food Safety Policies and Procedures                                                                                                            recordkeeping burden to prepare a QAP
                                                                                                                        the verification implementation and                                        manual, we assume that VQIP importers
                                                    section are similar to proposed                                     effectiveness requirements in the PC
                                                    requirements for food safety plans in                                                                                                          do not already have a similar manual in
                                                                                                                        proposed rule (§ 117.150(d)).                                              place (e.g., food safety plan under the
                                                    FDA’s proposed rule on Current Good                                    Under the PC proposed rule, the food
                                                    Manufacturing Practice and Hazard                                                                                                              PC proposed rule, food defense plan
                                                                                                                        safety plan requirements include
                                                    Analysis and Risk-Based Prevention                                                                                                             under the IA proposed rule). The one-
                                                                                                                        written hazard analysis, description of
                                                    Controls for Human Food (PC proposed                                                                                                           time recordkeeping burden for 200 VQIP
                                                                                                                        preventive controls, monitoring the
                                                    rule) (78 FR 3646, January 16, 2013), or                                                                                                       applicants to prepare QAPs is estimated
                                                                                                                        implementation of the preventive
                                                    proposed requirements in FDA’s                                                                                                                 at 32,000 hours (200 applicants × 160
                                                                                                                        controls, corrective action procedures,
                                                    proposed rule on Focused Mitigation                                                                                                            hours/applicant) (see table 1). To the
                                                                                                                        verification procedures, and recall plan.
                                                    Strategies to Protect Food Against                                                                                                             extent that some importers do have QAP
                                                                                                                        In the PRA analysis for the PC proposed
                                                    Intentional Adulteration (IA proposed                                                                                                          manuals in place, the burden would be
                                                                                                                        rule, the recordkeeping burden for
                                                    rule) (78 FR 78014, December 24, 2013).                             preparing a food safety plan is estimated                                  overestimated.
                                                    The QAP Food Safety Policies and                                    at 110 hours (Ref. 1). We use the                                             A VQIP importer is expected to
                                                    Procedures section states that the VQIP                             recordkeeping burden of preparing a                                        update its QAP on an on-going basis.
                                                    applicant should provide the following:                             food safety plan, 110 hours, as a proxy                                    We estimate that it would take 10
                                                    (1) Analysis of the regulations and                                 for the burden to prepare QAP Food                                         percent of the effort to prepare the QAP,
                                                    requirements that apply to the imported                             Safety Policies and Procedures.                                            or 16 hours, to update the QAP each
                                                    food, the processor, grower, transporter                               The VQIP food defense security                                          year. Therefore, we estimate the annual
                                                    and importer; (2) risk analysis that                                criterion is similar to the Food Defense                                   recordkeeping burden of modification of
                                                    identifies the safety and security                                  Plan requirement under proposed                                            the QAP for 200 VQIP importers at
                                                    vulnerabilities and the preventive                                  § 121.126 in the IA proposed rule.                                         3,200 hours (200 importers × 16 hours/
                                                    controls that should be instituted to                               Under the IA proposed rule, the food                                       importer) (see table 2).
                                                    ensure product safety (similar to the                               defense plan must include the written                                         Reporting Burden: In summary, the
                                                    hazard analysis requirement in the PC                               identification of actionable process                                       total one-time reporting burden of
                                                    proposed rule (§ 117.130)); (3)                                     steps, focused mitigation strategies,                                      participation in VQIP by 200 importers
                                                    mitigation strategies for each safety                               procedures for monitoring, corrective                                      is estimated at 18,000 hours (see table
                                                    vulnerability identified during your risk                           action procedures, and verification                                        3). Total annual recordkeeping burden
                                                    analysis (similar to the corrective                                 procedures. In the Preliminary                                             for VQIP importers is estimated at 4,000
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                                                    actions requirement in the PC proposed                              Regulatory Impact Analysis (PRIA) of                                       hours (see table 4).




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                                                    32140                                    Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                                                                           TABLE 3—ESTIMATED ONE-TIME REPORTING BURDEN 1
                                                                                                                                                                                                                               Average
                                                                                                                                                                      Number of
                                                                                                                                           Number of                                           Total one-time                burden per
                                                                        Guidance document provision                                                                 responses per                                                                    Total hours
                                                                                                                                          respondents                                            responses                    response
                                                                                                                                                                      respondent                                              (in hours)

                                                    Initial VQIP application .........................................................                    100                             1                      100                         80             8,000
                                                    Initial VQIP application with re-submissions ........................                                 100                             1                      100                        100            10,000

                                                          Total One-Time Reporting Burden ...............................                ........................   ........................   ........................   ........................         18,000
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                             TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                                               Average
                                                                                                                                                                      Number of
                                                                                                                                            Number of                                           Total annual                 burden per
                                                                        Guidance document provision                                                                 responses per                                                                    Total hours
                                                                                                                                            responses                                            responses                    response
                                                                                                                                                                      respondent                                              (in hours)

                                                    Renewal of VQIP application ...............................................                            200                            1                     200                           20            4,000

                                                          Total Annual Reporting Burden ....................................             ........................   ........................   ........................   ........................          4,000
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The draft guidance document allows                                200 importers is estimated at 4,000                                        find the most current version of the
                                                    for food importers to apply for VQIP.                               hours (200 applications × 20 hours/                                        guidance.
                                                    We estimate that up to 200 qualified                                application) (see table 4). For the
                                                                                                                                                                                                   VI. References
                                                    importers will be accepted in the first                             purposes of the PRA analysis of the
                                                    year of VQIP. We estimate that it will                              draft guidance document, we have                                           1. U.S. Food and Drug Administration.
                                                    take 80 person-hours to compile all the                             estimated costs assuming that, during                                          Proposed Analysis of Economic
                                                    relevant information and complete the                               the annual application process, affected                                       Impacts—Current Good Manufacturing
                                                    application for the VQIP program. For                                                                                                              Practice and Hazard Analysis and Risk-
                                                                                                                        importers will do their paperwork                                              Based Preventive Controls for Human
                                                    the purpose of this analysis, we assume                             properly and completely the first time.                                        Food, available under Docket No. FDA–
                                                    that 50 percent of all applications                                 Because we assume that importers will                                          2011–N–0920.
                                                    received will require additional                                    have learned about supporting                                              2. U.S. Food and Drug Administration.
                                                    information and it would take an                                    documentation they need to submit                                              Focused Mitigation Strategies to Protect
                                                    additional 20 person-hours by the                                   during the initial application process,                                        Food Against Intentional Adulteration
                                                    importer to provide that information.                               we have not estimated an additional                                            (78 FR 78014, December 24, 2013).
                                                    Therefore, we estimate that 100                                     burden for less than complete annual                                         Dated: May 29, 2015.
                                                    importers will spend 8,000 hours (80                                applications. If we assumed a less                                         Leslie Kux,
                                                    hours/importer × 100 importers) and                                 consistent outcome, the annual burden                                      Associate Commissioner for Policy.
                                                    100 importers will spend 10,000 hours                               might be slightly higher.                                                  [FR Doc. 2015–13706 Filed 6–4–15; 8:45 am]
                                                    (100 hours/importer × 100 importers) to
                                                    submit their initial VQIP applications                              IV. Comments                                                               BILLING CODE 4164–01–P

                                                    for a total one-time reporting burden of
                                                                                                                           Interested persons may submit either
                                                    18,000 hours (see table 3).                                                                                                                    DEPARTMENT OF HEALTH AND
                                                                                                                        electronic comments regarding this draft
                                                      The draft guidance document states
                                                                                                                        guidance to http://www.regulations.gov                                     HUMAN SERVICES
                                                    that each VQIP participant will submit
                                                    to FDA a notice of intent to maintain its                           or written comments to the Division of
                                                                                                                        Dockets Management (see ADDRESSES). It                                     Food and Drug Administration
                                                    participation in VQIP and update
                                                    information on its original application                             is only necessary to send one set of                                       [Docket No. FDA–2015–N–0126]
                                                    on an annual basis. We expect that each                             comments. Identify comments with the
                                                                                                                        docket number found in brackets in the                                     Authorizations of Emergency Use of In
                                                    of the expected 200 importers in VQIP
                                                                                                                        heading of this document. Received                                         Vitro Diagnostic Devices for Detection
                                                    would apply to renew their intent to
                                                                                                                        comments may be seen in the Division                                       of Ebola Virus; Availability
                                                    maintain their participation in VQIP.
                                                    We expect that annual applications to                               of Dockets Management between 9 a.m.
                                                                                                                                                                                                   AGENCY:         Food and Drug Administration,
                                                    renew participation in VQIP will take                               and 4 p.m., Monday through Friday, and
                                                                                                                                                                                                   HHS.
                                                    significantly less time to prepare than                             will be posted to the docket at http://
                                                                                                                        www.regulations.gov.                                                       ACTION:        Notice.
                                                    initial applications. We use 25 percent
                                                    of the amount of effort to prepare and                                                                                                         SUMMARY:   The Food and Drug
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                        V. Electronic Access
                                                    submit the initial application for                                                                                                             Administration (FDA) is announcing the
                                                    acceptance in VQIP. Therefore, it is                                   Persons with access to the Internet                                     issuance of two Emergency Use
                                                    expected that, on average, each VQIP                                may obtain this draft guidance at either                                   Authorizations (EUAs) (the
                                                    importer will spend 20 hours every year                             http://www.fda.gov/Food/                                                   Authorizations), one of which was
                                                    to complete and submit an application                               GuidanceRegulation/FSMA/                                                   amended after initial issuance, for in
                                                    for renewal of its VQIP status. The                                 ucm253380.htm or http://                                                   vitro diagnostic devices for detection of
                                                    annual burden of completing the                                     www.regulations.gov. Use the FDA Web                                       the Ebola virus in response to the Ebola
                                                    renewal application for VQIP status by                              site listed in the previous sentence to                                    virus outbreak in West Africa. FDA


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Document Created: 2015-12-15 15:20:53
Document Modified: 2015-12-15 15:20:53
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.
DatesAlthough you may comment on any guidance at any time (21 CFR 10.115(g)(5)), to ensure that the Agency considers your comments on this draft guidance before it completes a final version of the guidance, submit either electronic or written comments on the draft guidance by August 19, 2015. Submit either electronic or written comments on the proposed collection of information by August 4, 2015.
ContactWith regard to this draft guidance: Domenic Veneziano, Office of Enforcement and Import Operations (ELEM-3108), Office of Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857, 301-796-0356.
FR Citation80 FR 32136 

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