81_FR_39168 81 FR 39053 - Tobacco Product Manufacturing Facility Visits

81 FR 39053 - Tobacco Product Manufacturing Facility Visits

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range39053-39054
FR Document2016-14139

The Food and Drug Administration (FDA), Center for Tobacco Products (CTP) is announcing an invitation for participation in its Tobacco Product Manufacturing Facility Visits. This program is intended to give FDA staff an opportunity to visit facilities involved in the manufacturing of newly deemed tobacco products and their components and parts, including any related laboratory testing, and to observe the manufacturing operations of the tobacco industry. The purpose of this document is to invite parties interested in participating in Tobacco Product Manufacturing Facility Visits to submit requests to CTP.

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39053-39054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14139]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0853]


Tobacco Product Manufacturing Facility Visits

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA), Center for Tobacco 
Products (CTP) is announcing an invitation for participation in its 
Tobacco Product Manufacturing Facility Visits. This program is intended 
to give FDA staff an opportunity to visit facilities involved in the 
manufacturing of newly deemed tobacco products and their components and 
parts, including any related laboratory testing, and to observe the 
manufacturing operations of the tobacco industry. The purpose of this 
document is to invite parties interested in participating in Tobacco 
Product Manufacturing Facility Visits to submit requests to CTP.

DATES: Submit either an electronic or written request for participation 
by August 15, 2016. See section IV of this document for information on 
requests for participation.

ADDRESSES: If your facility is interested in participating in Tobacco 
Product Manufacturing Facility Visits, please submit a request either 
electronically to http://www.regulations.gov or in writing to the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Matthew Brenner, Center for Tobacco 
Products, Food and Drug Administration, Document Control Center, Bldg. 
71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 
877-287-1373, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 22, 2009, the Family Smoking Prevention and Tobacco Control 
Act (Pub. L. 111-31; 123 Stat. 1776) was signed into law, amending the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) and giving FDA 
authority to regulate tobacco product manufacturing, distribution, and 
marketing. The new provisions include, among other things, the 
authority to issue regulations related to tobacco product manufacturing 
practice in order to protect the public health and to assure that 
tobacco products are in compliance with the FD&C Act. Specifically, 
section 906(e) of the FD&C Act (21 U.S.C. 387f(e)) provides that in 
applying manufacturing restrictions to tobacco, the Secretary shall 
prescribe regulations (which may differ based on the type of tobacco 
product involved) requiring that the methods used in, and the 
facilities and controls used for, the manufacture, preproduction design 
validation (including a process to assess the performance of a tobacco 
product), packing, and storage of a tobacco product conform to current 
good manufacturing practice, or hazard analysis and critical control 
point methodology.
    CTP is instituting Tobacco Product Manufacturing Facility Visits to 
provide FDA staff with the opportunity to:
     Observe tobacco product manufacturing operations--from the 
receipt of raw materials to the distribution of newly deemed tobacco 
products, and
     Learn about the manufacturing practices and processes 
unique to your facility and newly deemed tobacco products.
    This program will also inform FDA staff as they implement the 
tobacco provisions of the FD&C Act.

II. Description of the Tobacco Product Manufacturing Facility Visits

    In this program, groups of FDA staff plan to observe the following 
facilities and their operations:
     Manufacturing facilities, including establishments that 
process, package, label, and distribute different types of newly deemed 
tobacco products (e.g., dissolvable products, gels, cigars, pipe 
tobacco, waterpipe tobacco products, and electronic nicotine delivery 
systems (ENDS) (including e-cigarettes, e-hookah, e-cigars, vape pens, 
advanced refillable personal vaporizers, and electronic pipes) and 
liquid nicotine and flavors) (see 81 FR 28973, May 10, 2016),
     Laboratory facilities that perform tobacco testing 
(whether third-party or in-house), and
     Manufacturing facilities for tobacco products for further 
manufacturing into finished tobacco products (including, but not 
limited to, components, parts, flavors, casings, e-liquids).
    Please note that Tobacco Product Manufacturing Facility Visits are 
not intended to include or replace official FDA inspections of 
facilities to determine compliance with the FD&C Act; rather, these 
facility visits are meant to educate FDA staff and improve their 
understanding of the tobacco industry and its manufacturing operations.

III. Site Selection

    CTP plans to select sites from one or more of each of the following 
categories:
     Dissolvable products,
     Gels,
     Cigars,
     Pipe tobacco,
     Waterpipe tobacco products,
     ENDS (including e-cigarettes, e-hookah, e-cigars, vape 
pens, advanced refillable personal vaporizers, and electronic pipes) 
and liquid nicotine and flavors,
     Tobacco laboratories,
     Importers of finished tobacco products,
     Distributors and wholesalers of regulated tobacco 
products, and/or
     Manufacturers of tobacco products for further 
manufacturing into finished tobacco products (including, but not 
limited to, components, parts, flavors, casings, e-liquids).
    Final site selections will be based on the availability of CTP 
funds and resources for the relevant fiscal year, as well as the 
following factors, as applicable: (1) Compliance status of the 
requesting facility and affiliated firm; (2) whether the requesting 
facility or affiliated firm, if applicable, has a significant request 
or marketing application or submission pending with FDA; and (3) 
whether the requesting facility will be engaged in active manufacturing 
or processing during the proposed time of the visit. All travel 
expenses associated with Tobacco Product Manufacturer Facility Visits 
will be the responsibility of CTP.

IV. Requests for Participation

    The request for participation should include the following 
identification information:
     The name and contact information (including address, phone 
number, and email) of your point of contact for the request;

[[Page 39054]]

     The physical address(es) of the site(s) for which you are 
submitting a request;
     The type of processes (e.g., manufacturing, laboratory 
practices, mixing, packaging, labeling, and distribution activities) 
performed at your facility;
     The type of tobacco products tested, processed, or 
manufactured at your facility; and
     A proposed program agenda.
    Identify requests for participation with the docket number found in 
brackets in the heading of this document. Received requests are 
available for public examination in the Division of Dockets Management 
(see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: June 9, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14139 Filed 6-14-16; 8:45 am]
BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices                                              39053

                                                Obtaining Copies of Proposals:                       Hampshire Ave., Silver Spring, MD                      and flavors) (see 81 FR 28973, May 10,
                                             Requesters may obtain a copy of the                     20993–0002, 877–287–1373, email:                       2016),
                                             information collection documents from                   CTPRegulations@fda.hhs.gov.                               • Laboratory facilities that perform
                                             the General Services Administration,                    SUPPLEMENTARY INFORMATION:                             tobacco testing (whether third-party or
                                             Regulatory Secretariat Division (MVCB),                                                                        in-house), and
                                             1800 F Street, Washington, DC 20405,                    I. Background                                             • Manufacturing facilities for tobacco
                                             telephone 202–501–4755. Please cite                        On June 22, 2009, the Family                        products for further manufacturing into
                                             OMB Control No. 9000–0056, Report of                    Smoking Prevention and Tobacco                         finished tobacco products (including,
                                             Shipment, in all correspondence.                        Control Act (Pub. L. 111–31; 123 Stat.                 but not limited to, components, parts,
                                                                                                     1776) was signed into law, amending                    flavors, casings, e-liquids).
                                               Dated: June 9, 2016.                                                                                            Please note that Tobacco Product
                                                                                                     the Federal Food, Drug, and Cosmetic
                                             Lorin S. Curit,                                                                                                Manufacturing Facility Visits are not
                                                                                                     Act (the FD&C Act) and giving FDA
                                             Director, Federal Acquisition Policy Division,          authority to regulate tobacco product                  intended to include or replace official
                                             Office of Governmentwide Acquisition Policy,                                                                   FDA inspections of facilities to
                                                                                                     manufacturing, distribution, and
                                             Office of Acquisition Policy, Office of                                                                        determine compliance with the FD&C
                                             Governmentwide Policy.                                  marketing. The new provisions include,
                                                                                                     among other things, the authority to                   Act; rather, these facility visits are
                                             [FR Doc. 2016–14119 Filed 6–14–16; 8:45 am]                                                                    meant to educate FDA staff and improve
                                                                                                     issue regulations related to tobacco
                                             BILLING CODE 6820–EP–P
                                                                                                     product manufacturing practice in order                their understanding of the tobacco
                                                                                                     to protect the public health and to                    industry and its manufacturing
                                                                                                     assure that tobacco products are in                    operations.
                                             DEPARTMENT OF HEALTH AND                                compliance with the FD&C Act.
                                             HUMAN SERVICES                                                                                                 III. Site Selection
                                                                                                     Specifically, section 906(e) of the FD&C
                                                                                                     Act (21 U.S.C. 387f(e)) provides that in                  CTP plans to select sites from one or
                                             Food and Drug Administration                                                                                   more of each of the following categories:
                                                                                                     applying manufacturing restrictions to
                                                                                                                                                               • Dissolvable products,
                                             [Docket No. FDA–2012–N–0853]                            tobacco, the Secretary shall prescribe                    • Gels,
                                                                                                     regulations (which may differ based on                    • Cigars,
                                             Tobacco Product Manufacturing                           the type of tobacco product involved)                     • Pipe tobacco,
                                             Facility Visits                                         requiring that the methods used in, and                   • Waterpipe tobacco products,
                                             AGENCY:    Food and Drug Administration,                the facilities and controls used for, the                 • ENDS (including e-cigarettes, e-
                                             HHS.                                                    manufacture, preproduction design                      hookah, e-cigars, vape pens, advanced
                                             ACTION:   Notice.                                       validation (including a process to assess              refillable personal vaporizers, and
                                                                                                     the performance of a tobacco product),                 electronic pipes) and liquid nicotine
                                             SUMMARY:    The Food and Drug                           packing, and storage of a tobacco                      and flavors,
                                             Administration (FDA), Center for                        product conform to current good                           • Tobacco laboratories,
                                             Tobacco Products (CTP) is announcing                    manufacturing practice, or hazard                         • Importers of finished tobacco
                                             an invitation for participation in its                  analysis and critical control point                    products,
                                             Tobacco Product Manufacturing Facility                  methodology.                                              • Distributors and wholesalers of
                                             Visits. This program is intended to give                   CTP is instituting Tobacco Product                  regulated tobacco products, and/or
                                             FDA staff an opportunity to visit                       Manufacturing Facility Visits to provide                  • Manufacturers of tobacco products
                                             facilities involved in the manufacturing                FDA staff with the opportunity to:                     for further manufacturing into finished
                                             of newly deemed tobacco products and                       • Observe tobacco product                           tobacco products (including, but not
                                             their components and parts, including                   manufacturing operations—from the                      limited to, components, parts, flavors,
                                             any related laboratory testing, and to                  receipt of raw materials to the                        casings, e-liquids).
                                             observe the manufacturing operations of                 distribution of newly deemed tobacco                      Final site selections will be based on
                                             the tobacco industry. The purpose of                    products, and                                          the availability of CTP funds and
                                             this document is to invite parties                         • Learn about the manufacturing                     resources for the relevant fiscal year, as
                                             interested in participating in Tobacco                  practices and processes unique to your                 well as the following factors, as
                                             Product Manufacturing Facility Visits to                facility and newly deemed tobacco                      applicable: (1) Compliance status of the
                                             submit requests to CTP.                                 products.                                              requesting facility and affiliated firm; (2)
                                                                                                        This program will also inform FDA                   whether the requesting facility or
                                             DATES: Submit either an electronic or
                                                                                                     staff as they implement the tobacco                    affiliated firm, if applicable, has a
                                             written request for participation by
                                                                                                     provisions of the FD&C Act.                            significant request or marketing
                                             August 15, 2016. See section IV of this
                                                                                                                                                            application or submission pending with
                                             document for information on requests                    II. Description of the Tobacco Product
                                                                                                                                                            FDA; and (3) whether the requesting
                                             for participation.                                      Manufacturing Facility Visits
                                                                                                                                                            facility will be engaged in active
                                             ADDRESSES: If your facility is interested                  In this program, groups of FDA staff                manufacturing or processing during the
                                             in participating in Tobacco Product                     plan to observe the following facilities               proposed time of the visit. All travel
                                             Manufacturing Facility Visits, please                   and their operations:                                  expenses associated with Tobacco
                                             submit a request either electronically to                  • Manufacturing facilities, including               Product Manufacturer Facility Visits
                                             http://www.regulations.gov or in writing                establishments that process, package,                  will be the responsibility of CTP.
                                             to the Division of Dockets Management                   label, and distribute different types of
                                             (HFA–305), Food and Drug                                newly deemed tobacco products (e.g.,                   IV. Requests for Participation
                                             Administration, 5630 Fishers Lane, Rm.
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                                                                                                     dissolvable products, gels, cigars, pipe                  The request for participation should
                                             1061, Rockville, MD 20852.                              tobacco, waterpipe tobacco products,                   include the following identification
                                             FOR FURTHER INFORMATION CONTACT:                        and electronic nicotine delivery systems               information:
                                             Matthew Brenner, Center for Tobacco                     (ENDS) (including e-cigarettes, e-                        • The name and contact information
                                             Products, Food and Drug                                 hookah, e-cigars, vape pens, advanced                  (including address, phone number, and
                                             Administration, Document Control                        refillable personal vaporizers, and                    email) of your point of contact for the
                                             Center, Bldg. 71, Rm. G335, 10903 New                   electronic pipes) and liquid nicotine                  request;


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                                             39054                        Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices

                                                • The physical address(es) of the                      • Federal eRulemaking Portal: http://                submission. You should submit two
                                             site(s) for which you are submitting a                  www.regulations.gov. Follow the                        copies total. One copy will include the
                                             request;                                                instructions for submitting comments.                  information you claim to be confidential
                                                • The type of processes (e.g.,                       Comments submitted electronically,                     with a heading or cover note that states
                                             manufacturing, laboratory practices,                    including attachments, to http://                      ‘‘THIS DOCUMENT CONTAINS
                                             mixing, packaging, labeling, and                        www.regulations.gov will be posted to                  CONFIDENTIAL INFORMATION.’’ The
                                             distribution activities) performed at                   the docket unchanged. Because your                     Agency will review this copy, including
                                             your facility;                                          comment will be made public, you are                   the claimed confidential information, in
                                                • The type of tobacco products tested,               solely responsible for ensuring that your              its consideration of comments. The
                                             processed, or manufactured at your                      comment does not include any                           second copy, which will have the
                                             facility; and                                           confidential information that you or a                 claimed confidential information
                                                • A proposed program agenda.                         third party may not wish to be posted,                 redacted/blacked out, will be available
                                                Identify requests for participation                  such as medical information, your or                   for public viewing and posted on http://
                                             with the docket number found in                         anyone else’s Social Security number, or               www.regulations.gov. Submit both
                                             brackets in the heading of this                         confidential business information, such                copies to the Division of Dockets
                                             document. Received requests are                         as a manufacturing process. Please note                Management. If you do not wish your
                                             available for public examination in the                 that if you include your name, contact                 name and contact information to be
                                             Division of Dockets Management (see                     information, or other information that                 made publicly available, you can
                                             ADDRESSES) between 9 a.m. and 4 p.m.,                   identifies you in the body of your                     provide this information on the cover
                                             Monday through Friday.                                  comments, that information will be                     sheet and not in the body of your
                                               Dated: June 9, 2016.                                  posted on http://www.regulations.gov.                  comments and you must identify this
                                             Leslie Kux,                                               • If you want to submit a comment                    information as ‘‘confidential.’’ Any
                                             Associate Commissioner for Policy.                      with confidential information that you                 information marked as ‘‘confidential’’
                                             [FR Doc. 2016–14139 Filed 6–14–16; 8:45 am]
                                                                                                     do not wish to be made available to the                will not be disclosed except in
                                             BILLING CODE 4164–01–P
                                                                                                     public, submit the comment as a                        accordance with 21 CFR 10.20 and other
                                                                                                     written/paper submission and in the                    applicable disclosure law. For more
                                                                                                     manner detailed (see ‘‘Written/Paper                   information about FDA’s posting of
                                             DEPARTMENT OF HEALTH AND                                Submissions’’ and ‘‘Instructions’’).                   comments to public dockets, see 80 FR
                                             HUMAN SERVICES                                          Written/Paper Submissions                              56469, September 18, 2015, or access
                                                                                                                                                            the information at: http://www.fda.gov/
                                             Food and Drug Administration                               Submit written/paper submissions as
                                                                                                                                                            regulatoryinformation/dockets/
                                                                                                     follows:
                                             [Docket No. FDA–2004–N–0451]                               • Mail/Hand delivery/Courier (for                   default.htm.
                                                                                                     written/paper submissions): Division of                   Docket: For access to the docket to
                                             Food and Drug Administration                                                                                   read background documents or the
                                                                                                     Dockets Management (HFA–305), Food
                                             Modernization Act of 1997:                                                                                     electronic and written/paper comments
                                                                                                     and Drug Administration, 5630 Fishers
                                             Modifications to the List of Recognized                                                                        received, go to http://
                                                                                                     Lane, Rm. 1061, Rockville, MD 20852.
                                             Standards, Recognition List Number:                        • For written/paper comments                        www.regulations.gov and insert the
                                             042                                                     submitted to the Division of Dockets                   docket number, found in brackets in the
                                             AGENCY:    Food and Drug Administration,                Management, FDA will post your                         heading of this document, into the
                                             HHS.                                                    comment, as well as any attachments,                   ‘‘Search’’ box and follow the prompts
                                                                                                     except for information submitted,                      and/or go to the Division of Dockets
                                             ACTION:   Notice.
                                                                                                     marked and identified, as confidential,                Management, 5630 Fishers Lane, Rm.
                                             SUMMARY:    The Food and Drug                           if submitted as detailed in                            1061, Rockville, MD 20852.
                                             Administration (FDA or Agency) is                       ‘‘Instructions.’’                                         An electronic copy of Recognition List
                                             announcing a publication containing                        Instructions: All submissions received              Number: 042 is available on the Internet
                                             modifications the Agency is making to                   must include the Docket No. FDA–                       at http://www.fda.gov/MedicalDevices/
                                             the list of standards FDA recognizes for                2004–N–0451 for ‘‘Food and Drug                        DeviceRegulationandGuidance/
                                             use in premarket reviews (FDA                           Administration Modernization Act of                    Standards/ucm123792.htm. See section
                                             Recognized Consensus Standards). This                   1997: Modifications to the List of                     VI of this document for electronic access
                                             publication, entitled ‘‘Modifications to                Recognized Standards, Recognition List                 to the searchable database for the
                                             the List of Recognized Standards,                       Number: 042.’’ Received comments will                  current list of FDA recognized
                                             Recognition List Number: 042’’                          be placed in the docket and, except for                consensus standards, including
                                             (Recognition List Number: 042), will                    those submitted as ‘‘Confidential                      Recognition List Number: 042
                                             assist manufacturers who elect to                       Submissions,’’ publicly viewable at                    modifications and other standards
                                             declare conformity with consensus                       http://www.regulations.gov or at the                   related information. Submit written
                                             standards to meet certain requirements                  Division of Dockets Management                         requests for a single hard copy of the
                                             for medical devices.                                    between 9 a.m. and 4 p.m., Monday                      document entitled ‘‘Modifications to the
                                             DATES: Submit electronic or written                     through Friday. FDA will consider any                  List of Recognized Standards,
                                             comments concerning this document at                    comments received in determining                       Recognition List Number: 042’’ to the
                                             any time. These modifications to the list               whether to amend the current listing of                Division of Industry and Consumer
                                             of recognized standards are effective                   modifications to the list of recognized                Education, Center for Devices and
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                                             June 15, 2016.                                          standards, Recognition List Number:                    Radiological Health, Food and Drug
                                             ADDRESSES: You may submit comments                      042.                                                   Administration, 10903 New Hampshire
                                             as follows:                                                • Confidential Submissions—To                       Ave., Bldg. 66, Rm. 4613, Silver Spring,
                                                                                                     submit a comment with confidential                     MD 20993–0002. Send one self-
                                             Electronic Submissions                                  information that you do not wish to be                 addressed adhesive label to assist that
                                               Submit electronic comments in the                     made publicly available, submit your                   office in processing your request, or fax
                                             following way:                                          comments only as a written/paper                       your request to 301–847–8149.


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Document Created: 2016-06-15 02:21:20
Document Modified: 2016-06-15 02:21:20
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 an electronic or written request for participation by August 15, 2016. See section IV of this document for information on requests for participation.
ContactMatthew Brenner, Center for Tobacco Products, Food and Drug Administration, Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 877-287-1373, email: [email protected]
FR Citation81 FR 39053 

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