80_FR_58675 80 FR 58487 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use

80 FR 58487 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 188 (September 29, 2015)

Page Range58487-58488
FR Document2015-24620

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 188 (Tuesday, September 29, 2015)
[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Notices]
[Pages 58487-58488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24620]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0438]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Early Food Safety 
Evaluation of New Non-Pesticidal Proteins Produced by New Plant 
Varieties Intended for Food Use

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October 
29, 2015.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0583. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by 
New Plant Varieties Intended for Food Use OMB Control Number 0910-
0583--Extension

    Since May 29, 1992, when we issued a policy statement on foods 
derived from new plant varieties, we have encouraged developers of new 
plant varieties, including those varieties that are developed through 
biotechnology, to consult with us early in the development process to 
discuss possible scientific and regulatory issues that might arise (57 
FR 22984). The guidance entitled, ``Recommendations for the Early Food 
Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant 
Varieties Intended for Food Use,'' continues to foster early 
communication by encouraging developers to submit to us their 
evaluation of the food safety of their new protein. Such communication 
helps to ensure that any potential food safety issues regarding a new 
protein in a new plant variety are resolved early in development, prior 
to any possible inadvertent introduction into the food supply of the 
new protein.
    We believe that any food safety concern related to such material 
entering the food supply would be limited to the potential that a new 
protein in food from the plant variety could cause an allergic reaction 
in susceptible individuals or could be a toxin. The guidance describes 
the procedures for early food safety evaluation of new proteins 
produced by new plant varieties, including bioengineered food plants, 
and the procedures for communicating with us about the safety 
evaluation.
    Interested persons may use Form FDA 3666 to transmit their 
submission to the Office of Food Additive Safety in the Center for Food 
Safety and Applied Nutrition. Form FDA 3666 is entitled, ``Early Food 
Safety Evaluation of a New Non-Pesticidal Protein Produced by a New 
Plant Variety (New Protein Consultation),'' and may be used in lieu of 
a cover letter for a New Protein Consultation (NPC). Form FDA 3666 
prompts a submitter to include certain elements of a NPC in a standard 
format and helps the respondent organize their submission to focus on 
the information needed for our safety review. The form, and elements 
that would be prepared as attachments to the form, may be submitted in 
electronic format via the Electronic Submission Gateway, or may be 
submitted in paper format, or as electronic files on physical media 
with paper signature page. The information is used by us to evaluate 
the food safety of a specific new protein produced by a new plant 
variety.
    In the Federal Register of June 19, 2015 (80 FR 35370), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    Description of Respondents: The respondents to this collection of 
information are developers of new plant varieties intended for food 
use.
    We estimate the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Number of                        Average
                        Category                           FDA Form No.      Number of     responses per   Total annual     burden per      Total hours
                                                                            respondents     respondent       responses       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
First four data components..............................            3666               6               1               6               4              24
Two other data components...............................            3666               6               1               6              16              96
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............  ..............             120
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated number of annual responses and average burden per 
response are based on our experience with early food safety 
evaluations. Completing an early food safety evaluation for a new 
protein from a new plant variety is a one-time burden (one evaluation 
per new protein). Many developers of novel plants may choose

[[Page 58488]]

not to submit an evaluation because the field testing of a plant 
containing a new protein is conducted in such a way (e.g., on such a 
small scale, or in such isolated conditions, etc.) that cross-
pollination with traditional crops or commingling of plant material is 
not likely to be an issue. Also, other developers may have previously 
communicated with us about the food safety of a new plant protein, for 
example, when the same protein was expressed in a different crop.
    For purposes of this extension request, we are re-evaluating our 
estimate of the annual number of responses that we expect to receive in 
the next 3 years. We received 12 NPCs during the 5-year period from 
2005 through 2009, for an average of 2.4 NPCs per year. However, during 
the last extension period, we saw a decrease in the number of NPCs 
submitted by developers, with no NPCs submitted in 2010 through 2014. 
More recently, we received four NPCs in the first 4 months of 2015. 
Based on an approximate average from the years 2005 through 2009, and 
our experience in 2015, we are revising our estimate of the annual 
number of NPCs submitted by developers to be six or fewer.
    The early food safety evaluation for new proteins includes six main 
data components. Four of these data components are easily and quickly 
obtainable, having to do with the identity and source of the protein. 
We estimate that completing these data components will take about 4 
hours per NPC. We estimate the reporting burden for the first four data 
components to be 24 hours (4 hours x 6 responses).
    Two data components ask for original data to be generated. One data 
component consists of a bioinformatics analysis which can be performed 
using publicly available databases. The other data component involves 
``wet'' lab work to assess the new protein's stability and the 
resistance of the protein to enzymatic degradation using appropriate in 
vitro assays (protein digestibility study). The paperwork burden of 
these two data components consists of the time it takes the company to 
assemble the information on these two data components and include it in 
a NPC. We estimate that completing these data components will take 
about 16 hours per NPC. We estimate the reporting burden for the two 
other data components to be 96 hours (16 hours x 6 responses). Thus, we 
estimate the total annual hour burden for this collection of 
information to be 120 hours.

    Dated: September 23, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-24620 Filed 9-28-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                      Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Notices                                                                                              58487

                                                    James Seligman, Co-Chair                                                202–395–7285, or emailed to oira_                                            entering the food supply would be
                                                    Irma Arispe                                                             submission@omb.eop.gov. All                                                  limited to the potential that a new
                                                    Janet Collins                                                           comments should be identified with the                                       protein in food from the plant variety
                                                    Hazel Dean
                                                    Joseph Henderson
                                                                                                                            OMB control number 0910–0583. Also                                           could cause an allergic reaction in
                                                    Christine Kosmos                                                        include the FDA docket number found                                          susceptible individuals or could be a
                                                    Alan Kotch                                                              in brackets in the heading of this                                           toxin. The guidance describes the
                                                    Jennifer Parker                                                         document.                                                                    procedures for early food safety
                                                    Judith Qualters                                                         FOR FURTHER INFORMATION CONTACT: FDA                                         evaluation of new proteins produced by
                                                    Kalwant Smagh                                                                                                                                        new plant varieties, including
                                                                                                                            PRA Staff, Office of Operations, Food
                                                      Dated: September 24, 2015.                                            and Drug Administration, 8455                                                bioengineered food plants, and the
                                                    Veronica Kennedy,                                                       Colesville Rd., COLE–14526, Silver                                           procedures for communicating with us
                                                    Acting Director, Division of the Executive                              Spring, MD 20993–0002, PRAStaff@                                             about the safety evaluation.
                                                    Secretariat, Office of the Chief of Staff,                              fda.hhs.gov.                                                                    Interested persons may use Form FDA
                                                    Centers for Disease Control and Prevention.                                                                                                          3666 to transmit their submission to the
                                                                                                                            SUPPLEMENTARY INFORMATION: In
                                                    [FR Doc. 2015–24650 Filed 9–28–15; 8:45 am]                                                                                                          Office of Food Additive Safety in the
                                                                                                                            compliance with 44 U.S.C. 3507, FDA
                                                    BILLING CODE 4163–18–P
                                                                                                                            has submitted the following proposed                                         Center for Food Safety and Applied
                                                                                                                            collection of information to OMB for                                         Nutrition. Form FDA 3666 is entitled,
                                                                                                                            review and clearance.                                                        ‘‘Early Food Safety Evaluation of a New
                                                    DEPARTMENT OF HEALTH AND
                                                                                                                                                                                                         Non-Pesticidal Protein Produced by a
                                                    HUMAN SERVICES                                                          Early Food Safety Evaluation of New                                          New Plant Variety (New Protein
                                                                                                                            Non-Pesticidal Proteins Produced by                                          Consultation),’’ and may be used in lieu
                                                    Food and Drug Administration                                            New Plant Varieties Intended for Food                                        of a cover letter for a New Protein
                                                    [Docket No. FDA–2012–N–0438]                                            Use OMB Control Number 0910–0583—                                            Consultation (NPC). Form FDA 3666
                                                                                                                            Extension                                                                    prompts a submitter to include certain
                                                    Agency Information Collection
                                                                                                                              Since May 29, 1992, when we issued                                         elements of a NPC in a standard format
                                                    Activities; Submission for Office of
                                                                                                                            a policy statement on foods derived                                          and helps the respondent organize their
                                                    Management and Budget Review;
                                                                                                                            from new plant varieties, we have                                            submission to focus on the information
                                                    Comment Request; Early Food Safety
                                                                                                                            encouraged developers of new plant                                           needed for our safety review. The form,
                                                    Evaluation of New Non-Pesticidal
                                                                                                                            varieties, including those varieties that                                    and elements that would be prepared as
                                                    Proteins Produced by New Plant
                                                                                                                            are developed through biotechnology, to                                      attachments to the form, may be
                                                    Varieties Intended for Food Use
                                                                                                                            consult with us early in the                                                 submitted in electronic format via the
                                                    AGENCY:      Food and Drug Administration,                              development process to discuss possible                                      Electronic Submission Gateway, or may
                                                    HHS.                                                                    scientific and regulatory issues that                                        be submitted in paper format, or as
                                                    ACTION:     Notice.                                                     might arise (57 FR 22984). The guidance                                      electronic files on physical media with
                                                                                                                            entitled, ‘‘Recommendations for the                                          paper signature page. The information is
                                                    SUMMARY:   The Food and Drug                                            Early Food Safety Evaluation of New                                          used by us to evaluate the food safety of
                                                    Administration (FDA) is announcing                                      Non-Pesticidal Proteins Produced by                                          a specific new protein produced by a
                                                    that a proposed collection of                                           New Plant Varieties Intended for Food                                        new plant variety.
                                                    information has been submitted to the                                   Use,’’ continues to foster early
                                                    Office of Management and Budget                                                                                                                         In the Federal Register of June 19,
                                                                                                                            communication by encouraging                                                 2015 (80 FR 35370), FDA published a
                                                    (OMB) for review and clearance under                                    developers to submit to us their
                                                    the Paperwork Reduction Act of 1995.                                                                                                                 60-day notice requesting public
                                                                                                                            evaluation of the food safety of their                                       comment on the proposed collection of
                                                    DATES: Fax written comments on the                                      new protein. Such communication                                              information. No comments were
                                                    collection of information by October 29,                                helps to ensure that any potential food                                      received.
                                                    2015.                                                                   safety issues regarding a new protein in
                                                    ADDRESSES: To ensure that comments on                                   a new plant variety are resolved early in                                       Description of Respondents: The
                                                    the information collection are received,                                development, prior to any possible                                           respondents to this collection of
                                                    OMB recommends that written                                             inadvertent introduction into the food                                       information are developers of new plant
                                                    comments be faxed to the Office of                                      supply of the new protein.                                                   varieties intended for food use.
                                                    Information and Regulatory Affairs,                                       We believe that any food safety                                               We estimate the burden of this
                                                    OMB, Attn: FDA Desk Officer, FAX:                                       concern related to such material                                             collection of information as follows:

                                                                                                                TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                            Number of                                                Average
                                                                                                                                                 Number of                                            Total annual
                                                                          Category                                  FDA Form No.                                          responses per                                            burden per              Total hours
                                                                                                                                                respondents                                            responses
                                                                                                                                                                            respondent                                              response

                                                    First four data components ......................                               3666                            6                          1                           6                        4                24
                                                    Two other data components ....................                                  3666                            6                          1                           6                       16                96
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                         Total ..................................................   ........................   ........................   ........................   ........................   ........................            120
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The estimated number of annual                                        with early food safety evaluations.                                          plant variety is a one-time burden (one
                                                    responses and average burden per                                        Completing an early food safety                                              evaluation per new protein). Many
                                                    response are based on our experience                                    evaluation for a new protein from a new                                      developers of novel plants may choose



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                                                    58488                     Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Notices

                                                    not to submit an evaluation because the                   burden of these two data components                                   Lane, Rm. 1061, Rockville, MD 20852.
                                                    field testing of a plant containing a new                 consists of the time it takes the company                             Please cite the appropriate docket
                                                    protein is conducted in such a way (e.g.,                 to assemble the information on these                                  number as listed in table 1 when
                                                    on such a small scale, or in such                         two data components and include it in                                 submitting a written request. See the
                                                    isolated conditions, etc.) that cross-                    a NPC. We estimate that completing                                    SUPPLEMENTARY INFORMATION section for
                                                    pollination with traditional crops or                     these data components will take about                                 electronic access to the summaries of
                                                    commingling of plant material is not                      16 hours per NPC. We estimate the                                     safety and effectiveness.
                                                    likely to be an issue. Also, other                        reporting burden for the two other data                               FOR FURTHER INFORMATION CONTACT:
                                                    developers may have previously                            components to be 96 hours (16 hours ×                                 Melissa Torres, Center for Devices and
                                                    communicated with us about the food                       6 responses). Thus, we estimate the total                             Radiological Health, Food and Drug
                                                    safety of a new plant protein, for                        annual hour burden for this collection                                Administration, 10903 New Hampshire
                                                    example, when the same protein was                        of information to be 120 hours.                                       Ave., Bldg. 66, Rm. 1650, Silver Spring,
                                                    expressed in a different crop.                              Dated: September 23, 2015.                                          MD 20993–0002, 301–796–5576.
                                                       For purposes of this extension
                                                                                                              Leslie Kux,                                                           SUPPLEMENTARY INFORMATION:
                                                    request, we are re-evaluating our
                                                    estimate of the annual number of                          Associate Commissioner for Policy.
                                                                                                                                                                                    I. Background
                                                    responses that we expect to receive in                    [FR Doc. 2015–24620 Filed 9–28–15; 8:45 am]
                                                    the next 3 years. We received 12 NPCs                     BILLING CODE 4164–01–P                                                   In accordance with sections 515(d)(4)
                                                    during the 5-year period from 2005                                                                                              and (e)(2) of the Federal Food, Drug, and
                                                    through 2009, for an average of 2.4 NPCs                                                                                        Cosmetic Act (the FD&C Act) (21 U.S.C.
                                                    per year. However, during the last                        DEPARTMENT OF HEALTH AND                                              360e(d)(4) and (e)(2)), notification of an
                                                    extension period, we saw a decrease in                    HUMAN SERVICES                                                        order approving, denying, or
                                                    the number of NPCs submitted by                                                                                                 withdrawing approval of a PMA will
                                                                                                              Food and Drug Administration                                          continue to include a notice of
                                                    developers, with no NPCs submitted in
                                                    2010 through 2014. More recently, we                      [Docket Nos. FDA–2014–M–2375, FDA–                                    opportunity to request review of the
                                                    received four NPCs in the first 4 months                  2015–M–0909, FDA–2015–M–0199, FDA–                                    order under section 515(g) of the FD&C
                                                    of 2015. Based on an approximate                          2015–M–0200, FDA–2015–M–0201, FDA–                                    Act. The 30-day period for requesting
                                                    average from the years 2005 through                       2015–M–0228, FDA–2015–M–0266, FDA–                                    reconsideration of an FDA action under
                                                                                                              2015–M–0267, FDA–2015–M–0431, FDA–                                    § 10.33(b) (21 CFR 10.33(b)) for notices
                                                    2009, and our experience in 2015, we
                                                                                                              2015–M–0502, FDA–2015–M–0690, FDA–                                    announcing approval of a PMA begins
                                                    are revising our estimate of the annual                   2015–M–0738, FDA–2015–M–0910]
                                                    number of NPCs submitted by                                                                                                     on the day the notice is placed on the
                                                    developers to be six or fewer.                            Medical Devices; Availability of Safety                               Internet. Section 10.33(b) provides that
                                                       The early food safety evaluation for                   and Effectiveness Summaries for                                       FDA may, for good cause, extend this
                                                    new proteins includes six main data                       Premarket Approval Applications                                       30-day period. Reconsideration of a
                                                    components. Four of these data                                                                                                  denial or withdrawal of approval of a
                                                    components are easily and quickly                         AGENCY:        Food and Drug Administration,                          PMA may be sought only by the
                                                    obtainable, having to do with the                         HHS.                                                                  applicant; in these cases, the 30-day
                                                    identity and source of the protein. We                    ACTION:       Notice.                                                 period will begin when the applicant is
                                                    estimate that completing these data                                                                                             notified by FDA in writing of its
                                                    components will take about 4 hours per                    SUMMARY:    The Food and Drug                                         decision.
                                                    NPC. We estimate the reporting burden                     Administration (FDA) is publishing a                                     The regulations provide that FDA
                                                    for the first four data components to be                  list of premarket approval applications                               publish a quarterly list of available
                                                    24 hours (4 hours × 6 responses).                         (PMAs) that have been approved. This                                  safety and effectiveness summaries of
                                                       Two data components ask for original                   list is intended to inform the public of                              PMA approvals and denials that were
                                                    data to be generated. One data                            the availability of safety and                                        announced during that quarter. The
                                                    component consists of a bioinformatics                    effectiveness summaries of approved                                   following is a list of approved PMAs for
                                                    analysis which can be performed using                     PMAs through the Internet and the                                     which summaries of safety and
                                                    publicly available databases. The other                   Agency’s Division of Dockets                                          effectiveness were placed on the
                                                    data component involves ‘‘wet’’ lab                       Management.                                                           Internet from January 1, 2015, through
                                                    work to assess the new protein’s                          ADDRESSES: Submit written requests for                                March 31, 2015. There were no denial
                                                    stability and the resistance of the                       copies of summaries of safety and                                     actions during this period. The list
                                                    protein to enzymatic degradation using                    effectiveness data to the Division of                                 provides the manufacturer’s name, the
                                                    appropriate in vitro assays (protein                      Dockets Management (HFA–305), Food                                    product’s generic name or the trade
                                                    digestibility study). The paperwork                       and Drug Administration, 5630 Fishers                                 name, and the approval date.

                                                     TABLE 1—LIST OF SAFETY AND EFFECTIVENESS SUMMARIES FOR APPROVED PMAS MADE AVAILABLE FROM JANUARY 1,
                                                                                         2015, THROUGH MARCH 31, 2015
                                                               PMA No., Docket No.                                            Applicant                                                Trade name                           Approval date

                                                    P980040/S049, FDA–2014–M–2375 ........             Abbott Medical Optics, Inc. .....................              TECNIS® multifocal 1-piece intraocular                   12/17/2014
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                        lens.
                                                    P140010, FDA–2015–M–0199 .................         Medtronic, Inc. ........................................       IN.PACTTM AdmiralTM Paclitaxel-coated                    12/30/2014
                                                                                                                                                                        Percutaneous                Transluminal
                                                                                                                                                                        Angioplasty Balloon Catheter.
                                                    P130019, FDA–2015–M–0201 .................         EnteroMedics, Inc. ..................................          Maestro® Rechargeable System ............                 1/14/2015
                                                    P130025, FDA–2015–M–0200 .................         Koning Corp. ...........................................       Koning Breast CT (Model CBCT 1000) ..                     1/14/2015
                                                    P060001/S020, FDA–2015–M–0228 ........             ev3, Inc. ..................................................   ProtégéTM GPS Self-Expanding Periph-                    1/21/2015
                                                                                                                                                                        eral Stent System.
                                                    H140001, FDA–2015–M–0267 .................         ABIOMED, Inc. ........................................         Impella RP System .................................       1/23/2015



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Document Created: 2015-12-15 09:47:07
Document Modified: 2015-12-15 09:47:07
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.
DatesFax written comments on the collection of information by October 29, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 58487 

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