80_FR_61627 80 FR 61430 - Agency Information Collection Activities; Proposed Collection; Comment Request; Recommended Recordkeeping for Cosmetic Good Manufacturing Practices

80 FR 61430 - Agency Information Collection Activities; Proposed Collection; Comment Request; Recommended Recordkeeping for Cosmetic Good Manufacturing Practices

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61430-61433
FR Document2015-25957

The Food and Drug Administration (FDA or we) is announcing an opportunity for public comment on our proposed collection of certain information. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies must publish a notice in the Federal Register concerning each proposed collection of information, including collections of information in current guidance documents, and allow 60 days for public comment. This notice invites comments on the recommended recordkeeping associated with our draft guidance entitled, ``Draft Guidance for Industry: Cosmetic Good Manufacturing Practices.'' Our draft guidance remains unchanged by this notice. We are publishing this notice in compliance with the PRA. This notice does not represent any new regulatory initiative.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61430-61433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25957]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3456]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Recommended Recordkeeping for Cosmetic Good 
Manufacturing Practices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing an 
opportunity for public comment on our proposed collection of certain 
information. Under the Paperwork Reduction Act of 1995 (the PRA), 
Federal Agencies must publish a notice in the Federal Register 
concerning each proposed collection of information, including 
collections of information in current guidance documents, and allow 60 
days for public comment. This notice invites comments on the 
recommended recordkeeping associated with our draft guidance entitled, 
``Draft Guidance for Industry: Cosmetic Good Manufacturing Practices.'' 
Our draft guidance remains unchanged by this notice. We are publishing 
this notice in compliance with the PRA. This notice does not represent 
any new regulatory initiative.

DATES: Submit either electronic or written comments on the collection 
of information by December 14, 2015.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked, and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-N-3456 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Recommended Recordkeeping for 
Cosmetic Good Manufacturing Practices.'' Received comments will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other

[[Page 61431]]

applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

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: Under the PRA (44 U.S.C. 3501-3521), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
collections of information in current guidance documents, before 
submitting the collection to OMB for approval. To comply with this 
requirement, we are publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, we invite 
comments on these topics: (1) Whether the proposed collection of 
information is necessary for the proper performance of our functions, 
including whether the information will have practical utility; (2) the 
accuracy of our 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.

Recommended Recordkeeping for Cosmetic Good Manufacturing Practices OMB 
Control Number 0910-NEW

    The draft guidance, entitled ``Draft Guidance for Industry: 
Cosmetic Good Manufacturing Practices,'' (available at http://www.fda.gov/Cosmetics/GuidanceRegulation/GuidanceDocuments/ucm353046.htm#Raw) provides guidance to industry and other stakeholders 
(e.g., consumer interest groups, academia, other regulatory groups) on 
our current thinking concerning what constitutes Good Manufacturing 
Practices (GMPs) for cosmetics. It is intended to assist industry and 
other stakeholders in identifying the standards and issues that can 
affect the quality of cosmetic products. In addition, as part of an 
international harmonization effort with the International Cooperation 
on Cosmetic Regulations (ICCR), we agreed to consider the current 
International Organization for Standardization (ISO) standard for 
cosmetic GMPs (ISO 22716:2007) when developing the draft guidance. We 
have incorporated elements of ISO 22716, as appropriate, and that are 
consistent with our regulations.
    Section 301 of the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act) (21 U.S.C. 331) prohibits the introduction, or delivery for 
introduction, into interstate commerce of cosmetics that are 
adulterated or misbranded. Manufacturers of cosmetics can reduce the 
risk of adulterating or misbranding cosmetics by following the GMP 
recommendations in the draft guidance.
    The draft guidance recommends that manufacturers of cosmetics 
prepare written procedures and maintain records pertaining to: (1) 
Buildings and facilities; (2) equipment; (3) personnel; (4) raw 
materials; (5) production; (6) laboratory controls; (7) internal 
audits; and, (8) complaints, adverse events, and recalls.
    We expect that manufacturers of cosmetics that choose to follow the 
recommendations of this Cosmetic GMP draft guidance would maintain 
records of their written procedures as well as their test methods or 
other appropriate verification procedures. It is also possible that 
manufacturers would obtain and maintain records of Certificates of 
Analysis, test results, or other appropriate verification procedures 
from their suppliers.
    GMP is concerned with both manufacturing and quality control 
procedures. Manufacturers of cosmetics will use their written 
procedures and records as that part of quality assurance aimed at 
ensuring that products are consistently manufactured to a quality 
appropriate to their intended use. Records would be compiled and 
retained at each manufacturing facility.
    Description of Respondents: The respondents are manufacturers of 
cosmetic products.
    Our draft guidance remains unchanged by this notice. We are 
publishing this notice in compliance with the PRA. This notice does not 
represent any new regulatory initiative.
    We estimate the burden of this collection of information as 
follows:

                     Table 1--Estimated One-Time Burden to Establish Written Procedures \1\
----------------------------------------------------------------------------------------------------------------
                                                  No. of records                  Average burden
    Section of draft guidance         No. of            per        Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Buildings and Facilities--                   607               1             607               1             607
 Development of written
 procedures regarding
 maintaining the buildings and
 facilities used for
 manufacturing in a clean and
 orderly manner.................
Equipment--Development of                    607               1             607              36          21,852
 written procedures regarding
 calibration and maintenance of
 equipment......................
Personnel--Development of                    607               1             607             3.6           2,185
 written procedures regarding
 personnel, including
 documentation of education,
 training, and/or experience of
 personnel, and preventing
 microbial contamination from
 sick or infected personnel, and
 for hygienic practices.........

[[Page 61432]]

 
Raw Materials--Development of                607               1             607              10           6,070
 written procedures for
 identifying, storing,
 examining, testing,
 inventorying, handling, and
 controlling raw materials to
 ensure they conform to
 appropriate standards and
 specifications.................
Production--Development of                   607               1             607              68          41,276
 written procedures regarding
 manufacturing operations.......
Laboratory Controls--Development             607               1             607              45          27,315
 of written procedures regarding
 laboratory controls............
Internal Audit--Development of               607               1             607            10.7           6,495
 written procedures regarding
 internal audits................
Complaints, Adverse Events, and              607               1             607              12           7,284
 Recalls \2\--Development of
 written procedures regarding
 product complaints and consumer
 adverse events.................
Complaints, Adverse Events, and              607               1             607               6           3,642
 Recalls \2\--Records regarding
 returned product...............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         116,726
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ To avoid double-counting, the burden hour analysis in table 1 does not include burden hours already
  accounted for in the information collection approved under OMB control number 0910-0249 for our recall
  regulations (21 CFR part 7).


                   Table 2--Estimated Annual Recordkeeping Burden for Records Maintenance \1\
----------------------------------------------------------------------------------------------------------------
                                                  No. of records                  Average burden
    Section of draft guidance         No. of            per        Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Buildings and Facilities--                 1,518               1           1,518               2           3,036
 Records regarding maintaining
 the buildings and facilities
 used for manufacturing in a
 clean and orderly manner.......
Equipment--Records regarding               1,518               1           1,518             3.3           5,009
 calibration and maintenance of
 equipment......................
Personnel--Records regarding               1,518               1           1,518            41.1          62,390
 personnel, including
 documentation of education,
 training and/or experience of
 personnel, and preventing
 microbial contamination from
 sick or infected personnel, and
 for hygienic practices.........
Raw Materials--Records regarding           1,518               1           1,518           231.5         351,417
 identifying, storing,
 examining, testing,
 inventorying, handling, and
 controlling raw materials to
 ensure they conform to
 appropriate standards and
 specifications.................
Production--Records regarding              1,518               1           1,518             7.7          11,689
 manufacturing operations.......
Laboratory Controls--Records               1,518               1           1,518             1.2           1,822
 regarding laboratory controls..
Internal Audit--Records of                 1,518               1           1,518           231.5         351,417
 internal audits................
Complaints, Adverse Events, and            1,518               1           1,518            60.3          91,535
 Recalls \2\--Records regarding
 product complaints and consumer
 adverse events.................
Complaints, Adverse Events, and            1,518               1           1,518             5.1           7,742
 Recalls \2\--Records regarding
 returned product...............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         886,057
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ To avoid double-counting, the burden hour analysis in table 1 does not include burden hours already
  accounted for in the information collection approved under OMB control number 0910-0249 for our recall
  regulations (21 CFR part 7).

    In table 1 we list the one-time burdens associated with 
establishing written procedures. In table 2 we list the annual burdens 
associated with recordkeeping. We base our estimates of the number of 
recordkeepers reported in column 2 of tables 1 and 2 on data available 
to us, our knowledge of and experience with the cosmetics industry, and 
our communications with industry, as well as our estimate of the number 
of recordkeepers subject to cosmetic labeling regulations, published in 
the Federal Register of June 25, 2014 (79 FR 36069). We estimate there 
are 1,518 cosmetic product establishments in the United States (79 FR 
36069 at 36070). We estimate that 20 percent of these (304 
establishments) are large businesses and 80 percent (1,214 
establishments) are small businesses. We further estimate that large 
businesses are likely to have established written procedures and that 
about half of the small businesses (607 establishments) may not have 
established written procedures. Thus, for purposes of this analysis, we 
assume that these 607 establishments will undertake to establish 
written procedures recommended by the draft guidance, when it is 
finalized, as reported in table 1, column 2. We

[[Page 61433]]

further assume that the 1,518 cosmetic product establishments may not 
maintain all of the records recommended by the draft guidance. Thus, 
for purposes of this analysis, we assume that 1,518 establishments will 
keep the records recommended by the draft guidance, when it is 
finalized, as reported in table 2, column 2. We further assume that if 
multiple products are produced in the same facility, the written 
procedures and recordkeeping will be shared among the multiple 
products.
    We base our estimates of the number of records per recordkeeper and 
the average burden per recordkeeping reported in columns 3 and 5 of 
tables 1 and 2 on our experience with good manufacturing practices used 
to control the identity and composition of food and dietary supplements 
and to limit contaminants and prevent adulteration, as well as our 
estimate of the burden of similar recordkeeping activities described in 
the dietary supplement final rule published in the Federal Register of 
June 25, 2007 (72 FR 34752 at 34916) (the June 25, 2007, final rule), 
that established, in part 111 (21 CFR part 111), the minimum good 
manufacturing practices necessary for dietary supplements. For the 
recordkeeping recommendations listed in table 2, the recordkeeping 
occasions consist of frequent brief entries of dates, temperatures, 
monitoring results, or documentation that specific actions were taken. 
Information might be recorded a few times a day, week, or month. 
Because the records burden involves frequent brief entries, we did not 
attempt to estimate the actual number of recordkeeping occasions for 
these activities. We entered one as the default for the number of 
records per recordkeeper and we calculated the average burden per 
recordkeeping in column 5 based on the reported burden of similar 
provisions estimated in the June 25, 2007, final rule, averaged across 
the 1,460 firms covered by that final rule.
    The estimates for the recordkeeping burdens presented here are 
averages. We anticipate that the time spent to develop written 
procedures and recordkeeping would vary based on the type of cosmetic 
product manufactured. The estimated burdens for developing 
recordkeeping includes record maintenance, periodically reviewing 
records to determine if they may be discarded, and any associated 
documentation for that activity.
    This draft guidance also refers to previously approved collections 
of information found in our regulations. These collections of 
information are subject to review by the Office of Management and 
Budget (OMB) under the PRA (44 U.S.C. 3501-3521). The collections of 
information in our recall regulations in 21 CFR part 7 have been 
approved under OMB control number 0910-0249. The collection of 
information in 21 CFR 70.25, which requires that color additives 
subject to certification be labeled with the lot number assigned by the 
Color Certification Branch, has been approved under OMB control number 
0910-0016.

    Dated: October 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-25957 Filed 10-9-15; 8:45 am]
BILLING CODE 4164-01-P



                                                  61430                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                                                                                      TABLE 1—Continued
                                                     Application No.                                        Drug                                                               Applicant

                                                  ANDA 089238 .........     Acetaminophen and Codeine Phosphate Tablets USP, 300                      Mikart, Inc., 1750 Chattahoochee Ave., Atlanta, GA 30318.
                                                                              mg/30 mg.
                                                  ANDA 089244 .........     Acetaminophen and Codeine Phosphate Tablets USP, 300                      Do.
                                                                              mg/60 mg.
                                                  ANDA 089423 .........     Amitriptyline HCl Tablets USP, 150 mg ................................    Mutual Pharmaceutical Co., Inc.
                                                  ANDA 090849 .........     Oxaliplatin for Injection USP, 50 mg/vial and 100 mg/vial ....            Sandoz Inc., 506 Carnegie Center, Suite 400, Princeton,
                                                                                                                                                        NJ 08540.



                                                     Therefore, under section 505(e) of the               information, including collections of                   Dockets Management (HFA–305), Food
                                                  Federal Food, Drug, and Cosmetic Act                    information in current guidance                         and Drug Administration, 5630 Fishers
                                                  (21 U.S.C. 355(e)) and under authority                  documents, and allow 60 days for                        Lane, Rm. 1061, Rockville, MD 20852.
                                                  delegated to the Director of Food and                   public comment. This notice invites                        • For written/paper comments
                                                  Drugs, Center for Drug Evaluation and                   comments on the recommended                             submitted to the Division of Dockets
                                                  Research, by the Commissioner,                          recordkeeping associated with our draft                 Management, FDA will post your
                                                  approval of the applications listed in                  guidance entitled, ‘‘Draft Guidance for                 comment, as well as any attachments,
                                                  table 1 in this document, and all                       Industry: Cosmetic Good Manufacturing                   except for information submitted,
                                                  amendments and supplements thereto,                     Practices.’’ Our draft guidance remains                 marked, and identified, as confidential,
                                                  is hereby withdrawn, effective                          unchanged by this notice. We are                        if submitted as detailed in
                                                  November 12, 2015. Introduction or                      publishing this notice in compliance                    ‘‘Instructions.’’
                                                  delivery for introduction into interstate               with the PRA. This notice does not                         Instructions: All submissions received
                                                  commerce of products without                            represent any new regulatory initiative.                must include the Docket No. FDA–
                                                  approved new drug applications                          DATES: Submit either electronic or                      2015–N–3456 for ‘‘Agency Information
                                                  violates section 301(a) and (d) of the Act              written comments on the collection of                   Collection Activities; Proposed
                                                  (21 U.S.C. 331(a) and (d)). Drug                        information by December 14, 2015.                       Collection; Comment Request;
                                                  products that are listed in table 1 that                ADDRESSES: You may submit comments
                                                                                                                                                                  Recommended Recordkeeping for
                                                  are in inventory on the date that this                  as follows:                                             Cosmetic Good Manufacturing
                                                  notice becomes effective (see the DATES                                                                         Practices.’’ Received comments will be
                                                  section) may continue to be dispensed                   Electronic Submissions                                  placed in the docket and, except for
                                                  until the inventories have been depleted                  Submit electronic comments in the                     those submitted as ‘‘Confidential
                                                  or the drug products have reached their                 following way:                                          Submissions,’’ publicly viewable at
                                                  expiration dates or otherwise become                      • Federal eRulemaking Portal: http://                 http://www.regulations.gov or at the
                                                  violative, whichever occurs first.                      www.regulations.gov. Follow the                         Division of Dockets Management
                                                    Dated: October 6, 2015.                               instructions for submitting comments.                   between 9 a.m. and 4 p.m., Monday
                                                                                                          Comments submitted electronically,                      through Friday.
                                                  Leslie Kux,                                                                                                        • Confidential Submissions—To
                                                  Associate Commissioner for Policy.
                                                                                                          including attachments, to http://
                                                                                                          www.regulations.gov will be posted to                   submit a comment with confidential
                                                  [FR Doc. 2015–25922 Filed 10–9–15; 8:45 am]                                                                     information that you do not wish to be
                                                                                                          the docket unchanged. Because your
                                                  BILLING CODE 4164–01–P
                                                                                                          comment will be made public, you are                    made publicly available, submit your
                                                                                                          solely responsible for ensuring that your               comments only as a written/paper
                                                                                                          comment does not include any                            submission. You should submit two
                                                  DEPARTMENT OF HEALTH AND                                                                                        copies total. One copy will include the
                                                  HUMAN SERVICES                                          confidential information that you or a
                                                                                                          third party may not wish to be posted,                  information you claim to be confidential
                                                                                                          such as medical information, your or                    with a heading or cover note that states
                                                  Food and Drug Administration
                                                                                                          anyone else’s Social Security number, or                ‘‘THIS DOCUMENT CONTAINS
                                                  [Docket No. FDA–2015–N–3456]                            confidential business information, such                 CONFIDENTIAL INFORMATION’’. The
                                                                                                          as a manufacturing process. Please note                 Agency will review this copy, including
                                                  Agency Information Collection                                                                                   the claimed confidential information, in
                                                  Activities; Proposed Collection;                        that if you include your name, contact
                                                                                                          information, or other information that                  its consideration of comments. The
                                                  Comment Request; Recommended                                                                                    second copy, which will have the
                                                  Recordkeeping for Cosmetic Good                         identifies you in the body of your
                                                                                                          comments, that information will be                      claimed confidential information
                                                  Manufacturing Practices                                                                                         redacted/blacked out, will be available
                                                                                                          posted on http://www.regulations.gov.
                                                  AGENCY:    Food and Drug Administration,                  • If you want to submit a comment                     for public viewing and posted on
                                                  HHS.                                                    with confidential information that you                  http://www.regulations.gov. Submit
                                                  ACTION:   Notice.                                       do not wish to be made available to the                 both copies to the Division of Dockets
                                                                                                          public, submit the comment as a                         Management. If you do not wish your
                                                  SUMMARY:   The Food and Drug                            written/paper submission and in the                     name and contact information to be
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Administration (FDA or we) is                           manner detailed (see ‘‘Written/Paper                    made publicly available, you can
                                                  announcing an opportunity for public                    Submissions’’ and ‘‘Instructions’’).                    provide this information on the cover
                                                  comment on our proposed collection of                                                                           sheet and not in the body of your
                                                  certain information. Under the                          Written/Paper Submissions                               comments and you must identify this
                                                  Paperwork Reduction Act of 1995 (the                      Submit written/paper submissions as                   information as ‘‘confidential.’’ Any
                                                  PRA), Federal Agencies must publish a                   follows:                                                information marked as ‘‘confidential’’
                                                  notice in the Federal Register                            • Mail/Hand delivery/Courier (for                     will not be disclosed except in
                                                  concerning each proposed collection of                  written/paper submissions): Division of                 accordance with 21 CFR 10.20 and other


                                             VerDate Sep<11>2014   21:23 Oct 09, 2015   Jkt 238001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703     E:\FR\FM\13OCN1.SGM   13OCN1


                                                                                   Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                                61431

                                                  applicable disclosure law. For more                             the proposed collection of information                   Section 301 of the Federal Food, Drug,
                                                  information about FDA’s posting of                              is necessary for the proper performance                and Cosmetic Act (the FD&C Act) (21
                                                  comments to public dockets, see 80 FR                           of our functions, including whether the                U.S.C. 331) prohibits the introduction,
                                                  56469, September 18, 2015, or access                            information will have practical utility;               or delivery for introduction, into
                                                  the information at: http://www.fda.gov/                         (2) the accuracy of our estimate of the                interstate commerce of cosmetics that
                                                  regulatoryinformation/dockets/                                  burden of the proposed collection of                   are adulterated or misbranded.
                                                  default.htm.                                                    information, including the validity of                 Manufacturers of cosmetics can reduce
                                                     Docket: For access to the docket to                          the methodology and assumptions used;                  the risk of adulterating or misbranding
                                                  read background documents or the                                (3) ways to enhance the quality, utility,              cosmetics by following the GMP
                                                  electronic and written/paper comments                           and clarity of the information to be                   recommendations in the draft guidance.
                                                  received, go to http://                                         collected; and (4) ways to minimize the                  The draft guidance recommends that
                                                  www.regulations.gov and insert the                              burden of the collection of information                manufacturers of cosmetics prepare
                                                  docket number, found in brackets in the                         on respondents, including through the                  written procedures and maintain
                                                  heading of this document, into the                                                                                     records pertaining to: (1) Buildings and
                                                                                                                  use of automated collection techniques,
                                                  ‘‘Search’’ box and follow the prompts                                                                                  facilities; (2) equipment; (3) personnel;
                                                                                                                  when appropriate, and other forms of
                                                  and/or go to the Division of Dockets                                                                                   (4) raw materials; (5) production; (6)
                                                                                                                  information technology.
                                                  Management, 5630 Fishers Lane, Rm.                                                                                     laboratory controls; (7) internal audits;
                                                  1061, Rockville, MD 20852.                                      Recommended Recordkeeping for                          and, (8) complaints, adverse events, and
                                                  FOR FURTHER INFORMATION CONTACT: FDA                            Cosmetic Good Manufacturing                            recalls.
                                                  PRA Staff, Office of Operations, Food                           Practices OMB Control Number 0910–                       We expect that manufacturers of
                                                  and Drug Administration, 8455                                   NEW                                                    cosmetics that choose to follow the
                                                  Colesville Rd., COLE–14526, Silver                                                                                     recommendations of this Cosmetic GMP
                                                  Spring, MD 20993–0002, PRAStaff@                                  The draft guidance, entitled ‘‘Draft                 draft guidance would maintain records
                                                  fda.hhs.gov.                                                    Guidance for Industry: Cosmetic Good                   of their written procedures as well as
                                                                                                                  Manufacturing Practices,’’ (available at               their test methods or other appropriate
                                                  SUPPLEMENTARY INFORMATION: Under the
                                                  PRA (44 U.S.C. 3501–3521), Federal                              http://www.fda.gov/Cosmetics/                          verification procedures. It is also
                                                  Agencies must obtain approval from the                          GuidanceRegulation/                                    possible that manufacturers would
                                                  Office of Management and Budget                                 GuidanceDocuments/                                     obtain and maintain records of
                                                  (OMB) for each collection of                                    ucm353046.htm#Raw) provides                            Certificates of Analysis, test results, or
                                                  information they conduct or sponsor.                            guidance to industry and other                         other appropriate verification
                                                  ‘‘Collection of information’’ is defined                        stakeholders (e.g., consumer interest                  procedures from their suppliers.
                                                  in 44 U.S.C. 3502(3) and 5 CFR                                  groups, academia, other regulatory                       GMP is concerned with both
                                                  1320.3(c) and includes Agency requests                          groups) on our current thinking                        manufacturing and quality control
                                                  or requirements that members of the                             concerning what constitutes Good                       procedures. Manufacturers of cosmetics
                                                  public submit reports, keep records, or                         Manufacturing Practices (GMPs) for                     will use their written procedures and
                                                  provide information to a third party.                           cosmetics. It is intended to assist                    records as that part of quality assurance
                                                  Section 3506(c)(2)(A) of the PRA (44                            industry and other stakeholders in                     aimed at ensuring that products are
                                                  U.S.C. 3506(c)(2)(A)) requires Federal                          identifying the standards and issues that              consistently manufactured to a quality
                                                  Agencies to provide a 60-day notice in                          can affect the quality of cosmetic                     appropriate to their intended use.
                                                  the Federal Register concerning each                            products. In addition, as part of an                   Records would be compiled and
                                                  proposed collection of information,                             international harmonization effort with                retained at each manufacturing facility.
                                                  including collections of information in                         the International Cooperation on                         Description of Respondents: The
                                                  current guidance documents, before                              Cosmetic Regulations (ICCR), we agreed                 respondents are manufacturers of
                                                  submitting the collection to OMB for                            to consider the current International                  cosmetic products.
                                                  approval. To comply with this                                   Organization for Standardization (ISO)                   Our draft guidance remains
                                                  requirement, we are publishing notice of                        standard for cosmetic GMPs (ISO                        unchanged by this notice. We are
                                                  the proposed collection of information                          22716:2007) when developing the draft                  publishing this notice in compliance
                                                  set forth in this document.                                     guidance. We have incorporated                         with the PRA. This notice does not
                                                     With respect to the following                                elements of ISO 22716, as appropriate,                 represent any new regulatory initiative.
                                                  collection of information, we invite                            and that are consistent with our                         We estimate the burden of this
                                                  comments on these topics: (1) Whether                           regulations.                                           collection of information as follows:

                                                                                 TABLE 1—ESTIMATED ONE-TIME BURDEN TO ESTABLISH WRITTEN PROCEDURES 1
                                                                                                                                                         No. of                               Average
                                                                                                                                      No. of                            Total annual                       Total
                                                                        Section of draft guidance                                                     records per                            burden per
                                                                                                                                  recordkeepers                           records                          hours
                                                                                                                                                     recordkeeper                          recordkeeping

                                                  Buildings and Facilities—Development of written proce-
                                                    dures regarding maintaining the buildings and facilities
                                                    used for manufacturing in a clean and orderly manner ...                                   607                 1              607                  1           607
                                                  Equipment—Development of written procedures regarding
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                                                    calibration and maintenance of equipment ......................                            607                 1              607                 36      21,852
                                                  Personnel—Development of written procedures regarding
                                                    personnel, including documentation of education, train-
                                                    ing, and/or experience of personnel, and preventing mi-
                                                    crobial contamination from sick or infected personnel,
                                                    and for hygienic practices ................................................                607                 1              607                3.6       2,185




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                                                  61432                                   Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                                           TABLE 1—ESTIMATED ONE-TIME BURDEN TO ESTABLISH WRITTEN PROCEDURES 1—Continued
                                                                                                                                                                                 No. of                                              Average
                                                                                                                                                     No. of                                             Total annual                                         Total
                                                                            Section of draft guidance                                                                         records per                                           burden per
                                                                                                                                                 recordkeepers                                            records                                            hours
                                                                                                                                                                             recordkeeper                                         recordkeeping

                                                  Raw Materials—Development of written procedures for
                                                     identifying, storing, examining, testing, inventorying,
                                                     handling, and controlling raw materials to ensure they
                                                     conform to appropriate standards and specifications ......                                                    607                            1                      607                          10         6,070
                                                  Production—Development of written procedures regarding
                                                     manufacturing operations .................................................                                    607                           1                       607                          68        41,276
                                                  Laboratory Controls—Development of written procedures
                                                     regarding laboratory controls ...........................................                                    607                             1                      607                          45        27,315
                                                  Internal Audit—Development of written procedures regard-
                                                     ing internal audits .............................................................                             607                           1                       607                       10.7          6,495
                                                  Complaints, Adverse Events, and Recalls 2—Development
                                                     of written procedures regarding product complaints and
                                                     consumer adverse events ................................................                                      607                            1                     607                           12         7,284
                                                  Complaints, Adverse Events, and Recalls 2—Records re-
                                                     garding returned product ..................................................                                   607                            1                      607                            6        3,642

                                                        Total ..............................................................................     ........................   ........................   ........................   ........................     116,726
                                                     1 Thereare no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 Toavoid double-counting, the burden hour analysis in table 1 does not include burden hours already accounted for in the information collec-
                                                  tion approved under OMB control number 0910–0249 for our recall regulations (21 CFR part 7).

                                                                                 TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR RECORDS MAINTENANCE 1
                                                                                                                                                                                 No. of                                              Average
                                                                                                                                                     No. of                                             Total annual                                         Total
                                                                            Section of draft guidance                                                                         records per                                           burden per
                                                                                                                                                 recordkeepers                                            records                                            hours
                                                                                                                                                                             recordkeeper                                         recordkeeping

                                                  Buildings and Facilities—Records regarding maintaining
                                                     the buildings and facilities used for manufacturing in a
                                                     clean and orderly manner ................................................                                  1,518                             1                   1,518                             2        3,036
                                                  Equipment—Records regarding calibration and mainte-
                                                     nance of equipment ..........................................................                              1,518                             1                   1,518                          3.3         5,009
                                                  Personnel—Records regarding personnel, including docu-
                                                     mentation of education, training and/or experience of
                                                     personnel, and preventing microbial contamination from
                                                     sick or infected personnel, and for hygienic practices .....                                               1,518                            1                    1,518                       41.1          62,390
                                                  Raw Materials—Records regarding identifying, storing, ex-
                                                     amining, testing, inventorying, handling, and controlling
                                                     raw materials to ensure they conform to appropriate
                                                     standards and specifications ............................................                                  1,518                            1                    1,518                      231.5         351,417
                                                  Production—Records regarding manufacturing operations                                                         1,518                            1                    1,518                        7.7          11,689
                                                  Laboratory Controls—Records regarding laboratory con-
                                                     trols ...................................................................................                  1,518                            1                    1,518                        1.2           1,822
                                                  Internal Audit—Records of internal audits ...........................                                         1,518                            1                    1,518                      231.5         351,417
                                                  Complaints, Adverse Events, and Recalls 2—Records re-
                                                     garding product complaints and consumer adverse
                                                     events ...............................................................................                     1,518                             1                   1,518                       60.3          91,535
                                                  Complaints, Adverse Events, and Recalls 2—Records re-
                                                     garding returned product ..................................................                                1,518                             1                   1,518                          5.1         7,742

                                                        Total ..............................................................................     ........................   ........................   ........................   ........................     886,057
                                                     1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 To avoid double-counting, the burden hour analysis in table 1 does not include burden hours already accounted for in the information collec-
                                                  tion approved under OMB control number 0910–0249 for our recall regulations (21 CFR part 7).


                                                    In table 1 we list the one-time burdens                                    recordkeepers subject to cosmetic                                           businesses are likely to have established
                                                  associated with establishing written                                         labeling regulations, published in the                                      written procedures and that about half
                                                  procedures. In table 2 we list the annual                                    Federal Register of June 25, 2014 (79 FR                                    of the small businesses (607
                                                  burdens associated with recordkeeping.                                       36069). We estimate there are 1,518                                         establishments) may not have
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                                                  We base our estimates of the number of                                       cosmetic product establishments in the                                      established written procedures. Thus,
                                                  recordkeepers reported in column 2 of                                        United States (79 FR 36069 at 36070).                                       for purposes of this analysis, we assume
                                                  tables 1 and 2 on data available to us,                                      We estimate that 20 percent of these                                        that these 607 establishments will
                                                  our knowledge of and experience with                                         (304 establishments) are large                                              undertake to establish written
                                                  the cosmetics industry, and our                                              businesses and 80 percent (1,214                                            procedures recommended by the draft
                                                  communications with industry, as well                                        establishments) are small businesses.                                       guidance, when it is finalized, as
                                                  as our estimate of the number of                                             We further estimate that large                                              reported in table 1, column 2. We



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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                         61433

                                                  further assume that the 1,518 cosmetic                  subject to review by the Office of                    Comments submitted electronically,
                                                  product establishments may not                          Management and Budget (OMB) under                     including attachments, to http://
                                                  maintain all of the records                             the PRA (44 U.S.C. 3501–3521). The                    www.regulations.gov will be posted to
                                                  recommended by the draft guidance.                      collections of information in our recall              the docket unchanged. Because your
                                                  Thus, for purposes of this analysis, we                 regulations in 21 CFR part 7 have been                comment will be made public, you are
                                                  assume that 1,518 establishments will                   approved under OMB control number                     solely responsible for ensuring that your
                                                  keep the records recommended by the                     0910–0249. The collection of                          comment does not include any
                                                  draft guidance, when it is finalized, as                information in 21 CFR 70.25, which                    confidential information that you or a
                                                  reported in table 2, column 2. We                       requires that color additives subject to              third party may not wish to be posted,
                                                  further assume that if multiple products                certification be labeled with the lot                 such as medical information, your or
                                                  are produced in the same facility, the                  number assigned by the Color                          anyone else’s Social Security number, or
                                                  written procedures and recordkeeping                    Certification Branch, has been approved               confidential business information, such
                                                  will be shared among the multiple                       under OMB control number 0910–0016.                   as a manufacturing process. Please note
                                                  products.                                                 Dated: October 7, 2015.
                                                                                                                                                                that if you include your name, contact
                                                     We base our estimates of the number                                                                        information, or other information that
                                                  of records per recordkeeper and the                     Leslie Kux,
                                                                                                                                                                identifies you in the body of your
                                                  average burden per recordkeeping                        Associate Commissioner for Policy.                    comments, that information will be
                                                  reported in columns 3 and 5 of tables 1                 [FR Doc. 2015–25957 Filed 10–9–15; 8:45 am]           posted on http://www.regulations.gov.
                                                  and 2 on our experience with good                       BILLING CODE 4164–01–P                                  • If you want to submit a comment
                                                  manufacturing practices used to control                                                                       with confidential information that you
                                                  the identity and composition of food                                                                          do not wish to be made available to the
                                                  and dietary supplements and to limit                    DEPARTMENT OF HEALTH AND                              public, submit the comment as a
                                                  contaminants and prevent adulteration,                  HUMAN SERVICES                                        written/paper submission and in the
                                                  as well as our estimate of the burden of                                                                      manner detailed (see ‘‘Written/Paper
                                                  similar recordkeeping activities                        Food and Drug Administration                          Submissions’’ and ‘‘Instructions’’).
                                                  described in the dietary supplement                     [Docket No. FDA–2015–N–3543]
                                                                                                                                                                Written/Paper Submissions
                                                  final rule published in the Federal
                                                  Register of June 25, 2007 (72 FR 34752                  Agency Information Collection                            Submit written/paper submissions as
                                                  at 34916) (the June 25, 2007, final rule),              Activities; Proposed Collection;                      follows:
                                                  that established, in part 111 (21 CFR                   Comment Request; Quantitative                            • Mail/Hand delivery/Courier (for
                                                  part 111), the minimum good                             Information in Direct-to-Consumer                     written/paper submissions): Division of
                                                  manufacturing practices necessary for                   Television Advertisements                             Dockets Management (HFA–305), Food
                                                  dietary supplements. For the                                                                                  and Drug Administration, 5630 Fishers
                                                                                                          AGENCY:    Food and Drug Administration,              Lane, Rm. 1061, Rockville, MD 20852.
                                                  recordkeeping recommendations listed
                                                  in table 2, the recordkeeping occasions                 HHS.                                                     • For written/paper comments
                                                  consist of frequent brief entries of dates,             ACTION:   Notice.                                     submitted to the Division of Dockets
                                                  temperatures, monitoring results, or                                                                          Management, FDA will post your
                                                                                                          SUMMARY:   The Food and Drug                          comment, as well as any attachments,
                                                  documentation that specific actions
                                                                                                          Administration (FDA) is announcing an                 except for information submitted,
                                                  were taken. Information might be
                                                                                                          opportunity for public comment on the                 marked and identified, as confidential,
                                                  recorded a few times a day, week, or
                                                                                                          proposed collection of certain                        if submitted as detailed in
                                                  month. Because the records burden
                                                                                                          information by the Agency. Under the                  ‘‘Instructions.’’
                                                  involves frequent brief entries, we did
                                                                                                          Paperwork Reduction Act of 1995 (the                     Instructions: All submissions received
                                                  not attempt to estimate the actual
                                                                                                          PRA), Federal Agencies are required to                must include the Docket No. FDA–
                                                  number of recordkeeping occasions for
                                                                                                          publish notice in the Federal Register                2015–N–3543 for ‘‘Agency Information
                                                  these activities. We entered one as the
                                                                                                          concerning each proposed collection of                Collection Activities; Proposed
                                                  default for the number of records per
                                                                                                          information and to allow 60 days for                  Collection; Comment Request;
                                                  recordkeeper and we calculated the
                                                                                                          public comment in response to the                     Quantitative Information in Direct-to-
                                                  average burden per recordkeeping in
                                                  column 5 based on the reported burden                   notice. This notice solicits comments on              Consumer Television Advertisements.’’
                                                  of similar provisions estimated in the                  research entitled ‘‘Quantitative                      Received comments will be placed in
                                                  June 25, 2007, final rule, averaged                     Information in Direct-to-Consumer                     the docket and, except for those
                                                  across the 1,460 firms covered by that                  Television Advertisements.’’ The                      submitted as ‘‘Confidential
                                                  final rule.                                             objective of this research is to test                 Submissions,’’ publicly viewable at
                                                     The estimates for the recordkeeping                  consumers’ understanding of                           http://www.regulations.gov or at the
                                                  burdens presented here are averages. We                 quantitative information about                        Division of Dockets Management
                                                  anticipate that the time spent to develop               prescription drugs in DTC television                  between 9 a.m. and 4 p.m., Monday
                                                  written procedures and recordkeeping                    advertisements (ads).                                 through Friday.
                                                  would vary based on the type of                         DATES: Submit either electronic or                       • Confidential Submissions—To
                                                  cosmetic product manufactured. The                      written comments on the collection of                 submit a comment with confidential
                                                  estimated burdens for developing                        information by December 14, 2015.                     information that you do not wish to be
                                                  recordkeeping includes record                           ADDRESSES: You may submit comments                    made publicly available, submit your
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                                                  maintenance, periodically reviewing                     as follows:                                           comments only as a written/paper
                                                  records to determine if they may be                                                                           submission. You should submit two
                                                  discarded, and any associated                           Electronic Submissions                                copies total. One copy will include the
                                                  documentation for that activity.                          Submit electronic comments in the                   information you claim to be confidential
                                                     This draft guidance also refers to                   following way:                                        with a heading or cover note that states
                                                  previously approved collections of                        • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                  information found in our regulations.                   www.regulations.gov. Follow the                       CONFIDENTIAL INFORMATION’’. The
                                                  These collections of information are                    instructions for submitting comments.                 Agency will review this copy, including


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Document Created: 2018-02-27 08:48:00
Document Modified: 2018-02-27 08:48:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by December 14, 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 61430 

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