81_FR_40431 81 FR 40312 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Prevention of Salmonella Enteritidis in Shell Eggs During Production; Recordkeeping and Registration Provisions

81 FR 40312 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Prevention of Salmonella Enteritidis in Shell Eggs During Production; Recordkeeping and Registration Provisions

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40312-40315
FR Document2016-14584

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

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40312-40315]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14584]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0297]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Prevention of 
Salmonella Enteritidis in Shell Eggs During Production; Recordkeeping 
and Registration Provisions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by July 
21, 2016.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0660. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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

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

Prevention of Salmonella Enteritidis in Shell Eggs During Production--
Recordkeeping and Registration Provisions--21 CFR 118.10 and 118.11; 
OMB Control Number 0910-0660--Extension

    Shell eggs contaminated with Salmonella Enteritidis (SE) are 
responsible for more than 140,000 illnesses per year. The Public Health 
Service Act (PHS Act) authorizes the Secretary to make and enforce such 
regulations as ``are necessary to prevent the introduction, 
transmission, or spread of communicable diseases from foreign countries 
into the States . . . or from one State . . . into any other State'' 
(section 361(a) of the PHS Act). This authority has been delegated to 
the Commissioner of Food and Drugs. Under section 402(a)(4) of the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 
342(a)(4)), a food is adulterated if it is prepared, packed, or held 
under insanitary conditions whereby it may have been contaminated with 
filth or rendered injurious to health. Under section 701(a) of the FD&C 
Act (21 U.S.C. 371(a)), FDA is authorized to issue regulations for the 
efficient enforcement of the FD&C Act.
    Under part 118 (21 CFR part 118), shell egg producers are required 
to implement measures to prevent SE from contaminating eggs on the farm 
and from further growth during storage and transportation. Shell egg 
producers also

[[Page 40313]]

are required to maintain records concerning their compliance with part 
118 and to register with FDA. As described in more detail with regard 
to each information collection provision of part 118, each farm site 
with 3,000 or more egg laying hens that sells raw shell eggs to the 
table egg market, other than directly to the consumer, must 
refrigerate, register, and keep certain records. Farms that do not send 
all of their eggs to treatment are also required to have an SE 
prevention plan and to test for SE.
    Section 118.10 of FDA's regulations requires recordkeeping for all 
measures the farm takes to prevent SE in its flocks. Since many 
existing farms participate in voluntary egg quality assurance programs, 
those respondents may not have to collect any additional information. 
Records are maintained on file at each farm site and examined there 
periodically by FDA inspectors.
    Section 118.10 also requires each farm site with 3,000 or more egg 
laying hens that sells raw shell eggs to the table egg market, other 
than directly to the consumer, and does not have all of the shell eggs 
treated, to design and implement an SE prevention plan. Section 118.10 
requires recordkeeping for each of the provisions included in the plan 
and for plan review and modifications if corrective actions are taken.
    Finally, Sec.  118.11 of FDA's regulations requires that each farm 
covered by Sec.  118.1(a) register with FDA using Form FDA 3733. The 
term ``Form FDA 3733'' refers to both the paper version of the form and 
the electronic system known as the Shell Egg Producer Registration 
Module, which is available at http://www.access.fda.gov. We strongly 
encourage electronic registration because it is faster and more 
convenient. The system can accept electronic registrations 24 hours a 
day, 7 days a week. A registering shell egg producer receives 
confirmation of electronic registration instantaneously once all the 
required fields on the registration screen are completed. However, 
paper registrations will also be accepted. Form FDA 3733 is available 
for download for registration by mail or CD-ROM.
    Recordkeeping and registration are necessary for the success of the 
SE prevention measures. Written SE prevention plans and records of 
actions taken due to each provision are essential for farms to 
implement SE prevention plans effectively. Further, they are essential 
for us to be able to determine compliance. Information provided under 
these regulations helps us to notify quickly the facilities that might 
be affected by a deliberate or accidental contamination of the food 
supply. In addition, data collected through registration is used to 
support our enforcement activities.
    Description of Respondents: Respondents to this information 
collection include farm sites with 3,000 or more egg laying hens that 
sell raw eggs to the table egg market, other than directly to the 
consumer.
    In the Federal Register of January 28, 2016 (81 FR 4923), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received two comments in response, both 
of which supported the collection of information by FDA to ensure that 
farms are in compliance with the FD&C Act and regulations, and that 
adequate control measures for prevention of SE are being implemented.
    We estimate the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Number of        Number of
        Description and 21 CFR section            recordkeepers     records per    Total annual      Average burden per recordkeeping       Total hours
                                                       \2\         recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Refrigeration Records, Sec.   118.10(a)(3)(iv)             2,600              52         135,200  .5 (30 minutes)                                 67,600
Testing, Diversion, and Treatment Records,                   343              52          17,836  .5 (30 minutes)                                  8,918
 Sec.   118.10(a)(3)(v) through (viii)
 (positive) \3\.
Egg Testing, Sec.   118.10(a)(3)(vii).........               331               7           2,317  8.3                                             19,231
Environmental Testing, Sec.   118.10(a)(3)(v)              6,308              23         145,084  .25 (15 minutes)                                36,271
 \3\.
Testing, Diversion, and Treatment Records,                 5,965               1           5,965  .5 (30 minutes)                                  2,983
 Sec.   118.10(a)(3)(v) through (viii)
 (negative) \3\.
Prevention Plan Review and Modifications, Sec.               331               1             331  10                                               3,310
   118.10(a)(4).
Chick and Pullet Procurement Records, Sec.                 4,731               1           4,731  .5 (30 minutes)                                  2,366
 118.10(a)(2).
Rodent and Other Pest Control, Sec.                        9,462              52         492,024  .5 (30 minutes)                                246,012
 118.10(a)(3)(ii), and Biosecurity Records,
 Sec.   118.10(a)(3)(i).
Prevention Plan Design, Sec.   118.10(a)(1)...               300               1             300  20                                               6,000
Cleaning and Disinfection Records, Sec.                      331               1             331  .5 (30 minutes)                                    166
 118.10(a)(3)(iii).
                                               ---------------------------------------------------------------------------------------------------------
    Total hours...............................                                                                                                   392,857
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Some records are kept on a by-farm basis and others are kept on a by-house basis.
\3\ Calculations include requirements for pullet and layer houses.

    We are basing our estimates for the recordkeeping burden and the 
reporting burden on our experience with similar recordkeeping 
activities and the number of registrations and cancellations received 
in the past 3 years.
    The number of recordkeepers estimated in column 2 of table 1 is 
drawn from estimates of the total number of layer and pullet houses 
affected by part 118. We assume that those farms that are operating 
according to recognized industry or State quality assurance plans are 
already largely in compliance with the plan design and recordkeeping 
provisions discussed in this section, and therefore are not 
experiencing additional costs to comply with recordkeeping provisions. 
We found that 59 percent of farms with more than 50,000 layers are 
members of State or industry quality assurance plans. Fewer than 8 
percent of farms with fewer than 50,000 layers are members of quality 
assurance plans. Thus, we estimate the number of layer farms incurring 
a new recordkeeping

[[Page 40314]]

burden because of part 118 to be 2,600, and the number of houses 
affected to be 4,731.
    Prevention plan design (Sec.  118.10(a)(1)) records are kept on a 
per farm basis, so we assume that new prevention plan design is only 
undertaken by new entrants to the industry. Refrigeration records 
(Sec.  118.10(a)(3)(iv)) are also kept on a per farm basis so the 
estimated number of recordkeepers for this provision is 2,600.
    Records of chick and pullet procurement (Sec.  118.10(a)(2)), 
rodent and other pest control (Sec.  118.10(a)(3)(ii)), and biosecurity 
(Sec.  118.10(a)(3)(i)) are kept on a per house basis, so the estimated 
number of recordkeepers for these provisions is 4,731.
    Records of cleaning and disinfection (Sec.  118.10(a)(3)(iii)) are 
also kept on a per house basis, but only need to be kept in the event 
that a layer house tests environmentally positive for SE. Prevention 
plan review and modifications (Sec.  118.10(a)(4)) also need to be 
performed every time a house tests positive, which we estimate that 7 
percent tests positive. Therefore, the number of recordkeepers for 
these provisions is calculated to be 331 (4,731 houses x 0.070) 
annually.
    Records of testing, diversion, and treatment (Sec.  118.10(a)(3)(v) 
through (viii)) are kept on a per house basis and include records on 
flocks from pullet houses. We estimate that there are one-third as many 
pullet houses as there are layer houses. Therefore the total number of 
recordkeepers for these provisions is 6,308 (4,731 + (4,731/3)). The 
number of annual records kept depends on whether or not houses test 
positive for SE. Annually, 343 layer and pullet houses ((4,731 layer 
houses x 0.070) + (4731/3 pullet houses) x 0.0075)) are expected to 
test positive and 5,965 are expected to test negative ((4,731 layer 
houses x 0.930) + (4731/3 pullet houses) x 0.9925)).
    We assume that refrigeration records are kept on a weekly basis on 
a per farm basis under Sec.  118.10(a)(3)(iv)). We estimate that 2,600 
recordkeepers maintain 52 records each for a total of 135,200 records 
and that it takes approximately 0.5 hour per recordkeeping. Thus, the 
total annual burden for refrigeration records is calculated to be 
67,600 hours (135,200 x 0.5 hour).
    We assume that records of testing, diversion, and treatment under 
Sec.  118.10(a)(3)(v) through (viii) are kept weekly in the event a 
layer house tests environmentally positive for SE. We estimate that 343 
layer and pullet houses test positive and thus 343 recordkeepers 
maintain 52 records each for a total of 17,836 records and that it 
takes approximately 0.5 hour per recordkeeping. Thus, the total annual 
burden for testing, diversion, and treatment records in the event of a 
positive test result is calculated to be 8,918 hours (17,836 x 0.5 
hour).
    Given a positive environmental test for SE, we estimate the 
weighted average number of egg tests per house under Sec.  
118.10(a)(3)(vii)) to be 7. We estimate that 331 recordkeepers maintain 
7 records each for a total of 2,317 records and that it takes 
approximately 8.3 hours per recordkeeping. Thus, the total annual 
burden for egg testing is calculated to be 19,231 hours (2,317 x 8.3 
hours).
    We estimate that all 1,577 pullet and 4,731 layer houses not 
currently testing (6,308 recordkeepers) incur the burden of a single 
environmental test annually under Sec.  118.10(a)(3)(v)). The number of 
samples taken during the test depends on whether a farm employs the row 
based method (an average of 12 samples per house) or the random 
sampling method (32 samples per house). We estimate that roughly 50 
percent of the houses affected employ a row based method and 50 percent 
employs a random sampling method, implying an average of 23 samples per 
house. Thus, we estimate that 6,308 recordkeepers take 23 samples each 
for a total of 145,084 samples. The time burden of sampling is 
estimated on a per swab sample basis. We estimate that it takes 
approximately 15 minutes to collect and pack each sample. Thus, the 
total annual burden for environmental testing is calculated to be 
36,271 hours (145,084 x 0.25 hour).
    We estimate that records of testing, diversion, and treatment under 
Sec.  118.10(a)(3)(v) through (viii) are kept annually in the event a 
layer house tests environmentally negative for SE. We estimate that 
5,965 layer and pullet houses test negative and thus 5,965 
recordkeepers maintain 1 record of that testing that takes 
approximately 0.5 hour per record. Thus, the total annual burden for 
testing, diversion, and treatment records in the event of a negative 
test result is calculated to be 2,983 hours (5,965 x 0.5 hour).
    Prevention plan review and modifications under Sec.  118.10(a)(4)) 
need to be performed every time a house tests positive. We estimate 
that 331 layer houses test positive requiring plan review and 
modifications and that it takes 10 hours to complete this work. Thus, 
the total annual burden for prevention plan review and modifications in 
the event of a positive test result is calculated to be 3,310 hours 
(331 x 10 hours).
    We estimate that chick and pullet procurement records under Sec.  
118.10(a)(2) is kept roughly once annually per layer house basis. We 
estimate that 4,731 layer houses maintain 1 record each and that it 
takes approximately 0.5 hour per recordkeeping. Thus, the total annual 
burden for chick and pullet procurement recordkeeping is calculated to 
be 2,366 hours (4,731 x 0.5 hour).
    We estimate that rodent and other pest control records under Sec.  
118.10(a)(3)(ii)) and biosecurity records under Sec.  118.10(a)(3)(i) 
are kept weekly on a per layer house basis. We assume that 4,731 layer 
houses maintain a weekly record under each provision. Thus, we estimate 
9,462 recordkeepers maintain 52 records each for a total of 492,024 
records. We estimate a recordkeeping burden of 0.5 hours per record for 
a total of 246,012 burden hours (492,024 x 0.5 hour).
    New prevention plan design required by Sec.  118.10(a)(1) is only 
undertaken by new farms and records are kept on a per farm basis. We 
estimate that there are 300 new farm registrations annually and we 
assume that this reflects 300 new farms requiring prevention plan 
design. This is an increase from our previous estimate based on new 
registrations received. We estimate that it takes 20 hours to complete 
this work. Thus, the total annual burden for prevention plan design is 
calculated to be 6,000 hours (300 x 20 hours).
    Cleaning and disinfection recordkeeping under Sec.  
118.10(a)(3)(iii) needs to be performed every time a house tests 
positive. We estimate that 331 layer houses test positive requiring 1 
record each and that it takes approximately 0.5 hour per recordkeeping. 
Thus, the total annual burden for cleaning and disinfection 
recordkeeping in the event of a positive test result is calculated to 
be 166 hours (331 x 0.5 hour).

[[Page 40315]]



                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Number of
      Description and 21 CFR section                FDA form No.             Number of     responses per   Total annual   Average burden    Total hours
                                                                            respondents     respondent       responses     per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Registrations or Updates, Sec.   118.11...  Form FDA 3733 \2\...........             300               1             300             2.3             690
Cancellations, Sec.   118.11..............  Form FDA 3733...............              30               1              30               1              30
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................  ............................  ..............  ..............  ..............  ..............             720
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The term ``Form FDA 3733'' refers to both the paper version of the form and the electronic system known as the Shell Egg Producer Registration
  Module, which is available at http://www.access.fda.gov per Sec.   118.11(b)(1).

    This estimate is based on the average number of new shell egg 
producer registrations and cancellations received in the past 3 years 
under Sec.  118.11. We estimate that we will receive an average of 300 
registrations or updates per year over the next 3 years. Based on the 
number of cancellations previously received, we estimate that we will 
receive approximately 30 cancellations per year over the next 3 years.
    We estimate that it takes the average farm 2.3 hours to register, 
taking into account that some respondents completing the registration 
may not have readily available Internet access. Thus, the total annual 
burden for new shell egg producer registrations or updates is 
calculated to be 690 hours (300 x 2.3 hours).
    We estimate cancelling a registration, on average, requires a 
burden of approximately 1 hour, taking into account that some 
respondents may not have readily available Internet access. Thus, the 
total annual burden for cancelling shell egg producer registrations is 
calculated to be 30 hours (30 cancellations x 1 hour).

    Dated: June 15, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14584 Filed 6-20-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                    40312                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

                                                    respondents, including through the use                  Holocaust survivors living in the U.S.,                (OMB) for review and clearance under
                                                    of automated collection techniques                      and other isolated groups of older                     the Paperwork Reduction Act of 1995.
                                                    when appropriate, and other forms of                    adults. To that end, comments are                      DATES: Fax written comments on the
                                                    information technology.                                 specifically requested on the extent to                collection of information by July 21,
                                                       To be eligible to receive a formula                  which the direction provided is                        2016.
                                                    grant under Section 307 (a) of the Older                sufficient for states to fully assess the
                                                    Americans Act (OAA) of 1965, as                         existence of, and develop plans for                    ADDRESSES:   To ensure that comments on
                                                    amended, each State Unit on Aging                       serving, these individuals and their                   the information collection are received,
                                                    (SUA) is required to develop a State                    families. If commenters believe the                    OMB recommends that written
                                                    Plan on Aging that conforms to                          proposed direction is insufficient, this               comments be faxed to the Office of
                                                    requirements and priorities outlined by                 solicitation requests comments                         Information and Regulatory Affairs,
                                                    the Assistant Secretary for Aging. Such                 containing the specific guidance desired               OMB, Attn: FDA Desk Officer, FAX:
                                                    plans are required, by statute, to be                   as well as the practical means and data                202–395–7285, or emailed to oira_
                                                    completed by each state and territory                   available to implement said guidance,                  submission@omb.eop.gov. All
                                                    every two, three or four years. States                  direction and requirements for states.                 comments should be identified with the
                                                    with current two- or three-year plans                     When completed annually by ACL/                      OMB control number 0910–0660. Also
                                                    may request an extension, or may                        AoA staff, the template presented here                 include the FDA docket number found
                                                    amend their current plans if needed;                    for comment will yield a Program                       in brackets in the heading of this
                                                    however, at the end of a four-year plan,                Instruction containing the necessary                   document.
                                                    states must develop a new plan. There                   information states need to develop and                 FOR FURTHER INFORMATION CONTACT:    FDA
                                                    is no statutory authority to extend a                   submit their state plans on aging. ACL/                PRA Staff, Office of Operations, Food
                                                    plan beyond a four-year period.                         AoA estimates the burden of this data                  and Drug Administration, 8455
                                                       State plans must address key                         collection as follows: approximately one               Colesville Rd., COLE–14526, Silver
                                                    objectives and focus areas as articulated               third (1⁄3) of the 56 State Units on Aging             Spring, MD 20993–0002, PRAStaff@
                                                    by the Assistant Secretary for Aging.                   (or approximately 18 states per year)                  fda.hhs.gov.
                                                    Objectives and focus areas may change                   submit a new state plan in a given year.
                                                    periodically in accordance with the                                                                            SUPPLEMENTARY INFORMATION:    In
                                                                                                            Estimates as to the amount of time it                  compliance with 44 U.S.C. 3507, FDA
                                                    evolution of policies and practices                     takes to prepare and submit a state plan
                                                    pertaining to the provision of home and                                                                        has submitted the following proposed
                                                                                                            vary greatly. Recent feedback from states              collection of information to OMB for
                                                    community-based supportive services to                  indicates that, on average, it takes a state
                                                    older adults and their family caregivers.                                                                      review and clearance.
                                                                                                            approximately 750 hours to prepare and
                                                    Additionally, state plans must include                  submit a state plan on aging. The                      Prevention of Salmonella Enteritidis
                                                    specific assurances that the state will                                                                        in Shell Eggs During Production—
                                                                                                            proposed Program Instruction template
                                                    carry out certain activities in accordance                                                                     Recordkeeping and Registration
                                                                                                            may be found on the ACL Web site for
                                                    with the OAA. Finally, states are                                                                              Provisions—21 CFR 118.10 and 118.11;
                                                                                                            review at: http://www.aoa.acl.gov/AoA_
                                                    required to develop (or revise) and                                                                            OMB Control Number 0910–0660—
                                                                                                            Programs/OAA/Aging_Network/pi/PI-
                                                    submit an Intrastate Funding Formula                                                                           Extension
                                                                                                            Template.aspx.
                                                    (IFF), detailing how Federal funds made
                                                    available under the OAA will be                           Dated: June 14, 2016.                                   Shell eggs contaminated with
                                                    disbursed throughout the state. The                     Kathy Greenlee,                                        Salmonella Enteritidis (SE) are
                                                    information submitted to ACL/AoA via                    Administrator and Assistant Secretary for              responsible for more than 140,000
                                                    the state plan is used for Federal                      Aging.                                                 illnesses per year. The Public Health
                                                    oversight of Title III and VII programs,                [FR Doc. 2016–14612 Filed 6–20–16; 8:45 am]            Service Act (PHS Act) authorizes the
                                                    ensuring that OAA funds are serving as                  BILLING CODE 4154–01–P
                                                                                                                                                                   Secretary to make and enforce such
                                                    a base for a broader system of long-term                                                                       regulations as ‘‘are necessary to prevent
                                                    services and supports for older adults in                                                                      the introduction, transmission, or
                                                    the state and that funds are being                      DEPARTMENT OF HEALTH AND                               spread of communicable diseases from
                                                    targeted in accordance with the                         HUMAN SERVICES                                         foreign countries into the States . . . or
                                                    requirements of the Act.                                                                                       from one State . . . into any other
                                                       With respect to targeting, LGBT                      Food and Drug Administration                           State’’ (section 361(a) of the PHS Act).
                                                    advocates are urging ACL to require                                                                            This authority has been delegated to the
                                                                                                            [Docket No. FDA–2013–N–0297]                           Commissioner of Food and Drugs.
                                                    states, in their state plans, to provide
                                                    assurances that they will assess all                                                                           Under section 402(a)(4) of the Federal
                                                                                                            Agency Information Collection
                                                    groups that may be eligible for                                                                                Food, Drug, and Cosmetic Act (the
                                                                                                            Activities; Submission for Office of
                                                    designation as a ‘‘greatest social need’’                                                                      FD&C Act) (21 U.S.C. 342(a)(4)), a food
                                                                                                            Management and Budget Review;
                                                    population and expressly include LGBT                                                                          is adulterated if it is prepared, packed,
                                                                                                            Comment Request; Prevention of
                                                    older adults as one of those groups                                                                            or held under insanitary conditions
                                                                                                            Salmonella Enteritidis in Shell Eggs
                                                    whose needs must be assessed by the                                                                            whereby it may have been contaminated
                                                                                                            During Production; Recordkeeping and
                                                    State Unit on Aging. Additionally, the                                                                         with filth or rendered injurious to
                                                                                                            Registration Provisions
                                                    recently reauthorized OAA directs the                                                                          health. Under section 701(a) of the
                                                    Assistant Secretary for Aging to issue                             Food and Drug Administration,               FD&C Act (21 U.S.C. 371(a)), FDA is
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            AGENCY:
                                                    guidance for conducting outreach to,                    HHS.                                                   authorized to issue regulations for the
                                                    and serving, Holocaust survivors. In this               ACTION:   Notice.                                      efficient enforcement of the FD&C Act.
                                                    regard, ACL wants to know whether the                                                                             Under part 118 (21 CFR part 118),
                                                    targeting guidance as articulated on                    SUMMARY:   The Food and Drug                           shell egg producers are required to
                                                    pages 5–6 of the template is feasible and               Administration (FDA) is announcing                     implement measures to prevent SE from
                                                    likely to ensure maximum inclusion of                   that a proposed collection of                          contaminating eggs on the farm and
                                                    all populations of seniors, including                   information has been submitted to the                  from further growth during storage and
                                                    older American Indians, LGBT seniors,                   Office of Management and Budget                        transportation. Shell egg producers also


                                               VerDate Sep<11>2014   18:37 Jun 20, 2016   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\21JNN1.SGM   21JNN1


                                                                                         Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices                                                 40313

                                                    are required to maintain records                                  Section 118.10 requires recordkeeping                   for farms to implement SE prevention
                                                    concerning their compliance with part                             for each of the provisions included in                  plans effectively. Further, they are
                                                    118 and to register with FDA. As                                  the plan and for plan review and                        essential for us to be able to determine
                                                    described in more detail with regard to                           modifications if corrective actions are                 compliance. Information provided
                                                    each information collection provision of                          taken.                                                  under these regulations helps us to
                                                    part 118, each farm site with 3,000 or                              Finally, § 118.11 of FDA’s regulations                notify quickly the facilities that might
                                                    more egg laying hens that sells raw shell                         requires that each farm covered by                      be affected by a deliberate or accidental
                                                    eggs to the table egg market, other than                          § 118.1(a) register with FDA using Form                 contamination of the food supply. In
                                                    directly to the consumer, must                                    FDA 3733. The term ‘‘Form FDA 3733’’                    addition, data collected through
                                                    refrigerate, register, and keep certain                           refers to both the paper version of the                 registration is used to support our
                                                    records. Farms that do not send all of                            form and the electronic system known                    enforcement activities.
                                                    their eggs to treatment are also required                         as the Shell Egg Producer Registration                    Description of Respondents:
                                                    to have an SE prevention plan and to                              Module, which is available at http://                   Respondents to this information
                                                    test for SE.                                                      www.access.fda.gov. We strongly                         collection include farm sites with 3,000
                                                       Section 118.10 of FDA’s regulations                            encourage electronic registration                       or more egg laying hens that sell raw
                                                    requires recordkeeping for all measures                           because it is faster and more convenient.               eggs to the table egg market, other than
                                                    the farm takes to prevent SE in its                               The system can accept electronic                        directly to the consumer.
                                                    flocks. Since many existing farms                                 registrations 24 hours a day, 7 days a                    In the Federal Register of January 28,
                                                    participate in voluntary egg quality                              week. A registering shell egg producer                  2016 (81 FR 4923), FDA published a 60-
                                                    assurance programs, those respondents                             receives confirmation of electronic                     day notice requesting public comment
                                                    may not have to collect any additional                            registration instantaneously once all the               on the proposed collection of
                                                    information. Records are maintained on                            required fields on the registration screen              information. FDA received two
                                                    file at each farm site and examined there                         are completed. However, paper                           comments in response, both of which
                                                    periodically by FDA inspectors.                                   registrations will also be accepted. Form               supported the collection of information
                                                       Section 118.10 also requires each farm                         FDA 3733 is available for download for                  by FDA to ensure that farms are in
                                                    site with 3,000 or more egg laying hens                           registration by mail or CD–ROM.                         compliance with the FD&C Act and
                                                    that sells raw shell eggs to the table egg                          Recordkeeping and registration are                    regulations, and that adequate control
                                                    market, other than directly to the                                necessary for the success of the SE                     measures for prevention of SE are being
                                                    consumer, and does not have all of the                            prevention measures. Written SE                         implemented.
                                                    shell eggs treated, to design and                                 prevention plans and records of actions                   We estimate the burden of this
                                                    implement an SE prevention plan.                                  taken due to each provision are essential               collection of information as follows:

                                                                                                        TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                            Number of
                                                                                                                       Number of                               Total annual          Average burden per
                                                           Description and 21 CFR section                                                  records per                                                     Total hours
                                                                                                                     recordkeepers 2                             records               recordkeeping
                                                                                                                                          recordkeeper

                                                    Refrigeration Records, § 118.10(a)(3)(iv) ......                            2,600                  52           135,200     .5 (30 minutes)                  67,600
                                                    Testing, Diversion, and Treatment Records,                                    343                  52            17,836     .5 (30 minutes)                   8,918
                                                      § 118.10(a)(3)(v) through (viii) (positive) 3.
                                                    Egg Testing, § 118.10(a)(3)(vii) .....................                        331                   7             2,317     8.3                              19,231
                                                    Environmental Testing, § 118.10(a)(3)(v) 3 ....                             6,308                  23           145,084     .25 (15 minutes)                 36,271
                                                    Testing, Diversion, and Treatment Records,                                  5,965                   1             5,965     .5 (30 minutes)                   2,983
                                                      § 118.10(a)(3)(v) through (viii) (negative) 3.
                                                    Prevention Plan Review and Modifications,                                     331                    1              331     10                                3,310
                                                      § 118.10(a)(4).
                                                    Chick and Pullet Procurement Records,                                       4,731                    1             4,731    .5 (30 minutes)                   2,366
                                                      § 118.10(a)(2).
                                                    Rodent      and      Other     Pest      Control,                           9,462                  52           492,024     .5 (30 minutes)                 246,012
                                                      § 118.10(a)(3)(ii),      and      Biosecurity
                                                      Records, § 118.10(a)(3)(i).
                                                    Prevention Plan Design, § 118.10(a)(1) ........                               300                    1               300    20                                6,000
                                                    Cleaning     and       Disinfection     Records,                              331                    1               331    .5 (30 minutes)                     166
                                                      § 118.10(a)(3)(iii).

                                                         Total hours .............................................                                                                                              392,857
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
                                                       2 Some    records are kept on a by-farm basis and others are kept on a by-house basis.
                                                       3 Calculations  include requirements for pullet and layer houses.


                                                      We are basing our estimates for the                             number of layer and pullet houses                       with recordkeeping provisions. We
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                                                    recordkeeping burden and the reporting                            affected by part 118. We assume that                    found that 59 percent of farms with
                                                    burden on our experience with similar                             those farms that are operating according                more than 50,000 layers are members of
                                                    recordkeeping activities and the number                           to recognized industry or State quality                 State or industry quality assurance
                                                    of registrations and cancellations                                assurance plans are already largely in                  plans. Fewer than 8 percent of farms
                                                    received in the past 3 years.                                     compliance with the plan design and                     with fewer than 50,000 layers are
                                                      The number of recordkeepers                                     recordkeeping provisions discussed in                   members of quality assurance plans.
                                                    estimated in column 2 of table 1 is                               this section, and therefore are not                     Thus, we estimate the number of layer
                                                    drawn from estimates of the total                                 experiencing additional costs to comply                 farms incurring a new recordkeeping


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                                                    40314                          Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

                                                    burden because of part 118 to be 2,600,                 § 118.10(a)(3)(v) through (viii) are kept                Prevention plan review and
                                                    and the number of houses affected to be                 weekly in the event a layer house tests                modifications under § 118.10(a)(4)) need
                                                    4,731.                                                  environmentally positive for SE. We                    to be performed every time a house tests
                                                       Prevention plan design                               estimate that 343 layer and pullet                     positive. We estimate that 331 layer
                                                    (§ 118.10(a)(1)) records are kept on a per              houses test positive and thus 343                      houses test positive requiring plan
                                                    farm basis, so we assume that new                       recordkeepers maintain 52 records each                 review and modifications and that it
                                                    prevention plan design is only                          for a total of 17,836 records and that it              takes 10 hours to complete this work.
                                                    undertaken by new entrants to the                       takes approximately 0.5 hour per                       Thus, the total annual burden for
                                                    industry. Refrigeration records                         recordkeeping. Thus, the total annual                  prevention plan review and
                                                    (§ 118.10(a)(3)(iv)) are also kept on a per             burden for testing, diversion, and                     modifications in the event of a positive
                                                    farm basis so the estimated number of                   treatment records in the event of a                    test result is calculated to be 3,310
                                                    recordkeepers for this provision is                     positive test result is calculated to be               hours (331 × 10 hours).
                                                    2,600.                                                  8,918 hours (17,836 × 0.5 hour).                         We estimate that chick and pullet
                                                       Records of chick and pullet                             Given a positive environmental test                 procurement records under
                                                    procurement (§ 118.10(a)(2)), rodent and                for SE, we estimate the weighted                       § 118.10(a)(2) is kept roughly once
                                                    other pest control (§ 118.10(a)(3)(ii)),                average number of egg tests per house                  annually per layer house basis. We
                                                    and biosecurity (§ 118.10(a)(3)(i)) are                 under § 118.10(a)(3)(vii)) to be 7. We                 estimate that 4,731 layer houses
                                                    kept on a per house basis, so the                       estimate that 331 recordkeepers                        maintain 1 record each and that it takes
                                                    estimated number of recordkeepers for                   maintain 7 records each for a total of                 approximately 0.5 hour per
                                                    these provisions is 4,731.                              2,317 records and that it takes                        recordkeeping. Thus, the total annual
                                                       Records of cleaning and disinfection
                                                                                                            approximately 8.3 hours per                            burden for chick and pullet
                                                    (§ 118.10(a)(3)(iii)) are also kept on a per
                                                                                                            recordkeeping. Thus, the total annual                  procurement recordkeeping is
                                                    house basis, but only need to be kept in
                                                                                                            burden for egg testing is calculated to be             calculated to be 2,366 hours (4,731 × 0.5
                                                    the event that a layer house tests
                                                                                                            19,231 hours (2,317 × 8.3 hours).                      hour).
                                                    environmentally positive for SE.
                                                    Prevention plan review and                                 We estimate that all 1,577 pullet and                 We estimate that rodent and other
                                                    modifications (§ 118.10(a)(4)) also need                4,731 layer houses not currently testing               pest control records under
                                                    to be performed every time a house tests                (6,308 recordkeepers) incur the burden                 § 118.10(a)(3)(ii)) and biosecurity
                                                    positive, which we estimate that 7                      of a single environmental test annually                records under § 118.10(a)(3)(i) are kept
                                                    percent tests positive. Therefore, the                  under § 118.10(a)(3)(v)). The number of                weekly on a per layer house basis. We
                                                    number of recordkeepers for these                       samples taken during the test depends                  assume that 4,731 layer houses maintain
                                                    provisions is calculated to be 331 (4,731               on whether a farm employs the row                      a weekly record under each provision.
                                                    houses × 0.070) annually.                               based method (an average of 12 samples                 Thus, we estimate 9,462 recordkeepers
                                                       Records of testing, diversion, and                   per house) or the random sampling                      maintain 52 records each for a total of
                                                    treatment (§ 118.10(a)(3)(v) through                    method (32 samples per house). We                      492,024 records. We estimate a
                                                    (viii)) are kept on a per house basis and               estimate that roughly 50 percent of the                recordkeeping burden of 0.5 hours per
                                                    include records on flocks from pullet                   houses affected employ a row based                     record for a total of 246,012 burden
                                                    houses. We estimate that there are one-                 method and 50 percent employs a                        hours (492,024 × 0.5 hour).
                                                    third as many pullet houses as there are                random sampling method, implying an                      New prevention plan design required
                                                    layer houses. Therefore the total number                average of 23 samples per house. Thus,                 by § 118.10(a)(1) is only undertaken by
                                                    of recordkeepers for these provisions is                we estimate that 6,308 recordkeepers                   new farms and records are kept on a per
                                                    6,308 (4,731 + (4,731/3)). The number of                take 23 samples each for a total of                    farm basis. We estimate that there are
                                                    annual records kept depends on                          145,084 samples. The time burden of                    300 new farm registrations annually and
                                                    whether or not houses test positive for                 sampling is estimated on a per swab                    we assume that this reflects 300 new
                                                    SE. Annually, 343 layer and pullet                      sample basis. We estimate that it takes                farms requiring prevention plan design.
                                                    houses ((4,731 layer houses × 0.070) +                  approximately 15 minutes to collect and                This is an increase from our previous
                                                    (4731/3 pullet houses) × 0.0075)) are                   pack each sample. Thus, the total                      estimate based on new registrations
                                                    expected to test positive and 5,965 are                 annual burden for environmental testing                received. We estimate that it takes 20
                                                    expected to test negative ((4,731 layer                 is calculated to be 36,271 hours                       hours to complete this work. Thus, the
                                                    houses × 0.930) + (4731/3 pullet houses)                (145,084 × 0.25 hour).                                 total annual burden for prevention plan
                                                    × 0.9925)).                                                We estimate that records of testing,                design is calculated to be 6,000 hours
                                                       We assume that refrigeration records                 diversion, and treatment under                         (300 × 20 hours).
                                                    are kept on a weekly basis on a per farm                § 118.10(a)(3)(v) through (viii) are kept                 Cleaning and disinfection
                                                    basis under § 118.10(a)(3)(iv)). We                     annually in the event a layer house tests              recordkeeping under § 118.10(a)(3)(iii)
                                                    estimate that 2,600 recordkeepers                       environmentally negative for SE. We                    needs to be performed every time a
                                                    maintain 52 records each for a total of                 estimate that 5,965 layer and pullet                   house tests positive. We estimate that
                                                    135,200 records and that it takes                       houses test negative and thus 5,965                    331 layer houses test positive requiring
                                                    approximately 0.5 hour per                              recordkeepers maintain 1 record of that                1 record each and that it takes
                                                    recordkeeping. Thus, the total annual                   testing that takes approximately 0.5                   approximately 0.5 hour per
                                                    burden for refrigeration records is                     hour per record. Thus, the total annual                recordkeeping. Thus, the total annual
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                                                    calculated to be 67,600 hours (135,200                  burden for testing, diversion, and                     burden for cleaning and disinfection
                                                    × 0.5 hour).                                            treatment records in the event of a                    recordkeeping in the event of a positive
                                                       We assume that records of testing,                   negative test result is calculated to be               test result is calculated to be 166 hours
                                                    diversion, and treatment under                          2,983 hours (5,965 × 0.5 hour).                        (331 × 0.5 hour).




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                                                                                            Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices                                                                                             40315

                                                                                                               TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                            Number of                                                Average
                                                                                                                                                 Number of                                            Total annual
                                                       Description and 21 CFR section                            FDA form No.                                             responses per                                            burden per              Total hours
                                                                                                                                                respondents                                            responses
                                                                                                                                                                            respondent                                              response

                                                    Registrations or Updates, § 118.11 ...                    Form FDA 3733 2                                    300                            1                      300                         2.3              690
                                                    Cancellations, § 118.11 ......................            Form FDA 3733 ...                                   30                            1                       30                           1               30

                                                         Total ............................................   ..............................   ........................   ........................   ........................   ........................            720
                                                       1 There  are no capital costs or operating and maintenance costs associated with this collection of information.
                                                       2 The  term ‘‘Form FDA 3733’’ refers to both the paper version of the form and the electronic system known as the Shell Egg Producer Reg-
                                                    istration Module, which is available at http://www.access.fda.gov per § 118.11(b)(1).


                                                      This estimate is based on the average                                 information has been submitted to the                                        FDA to make a classification
                                                    number of new shell egg producer                                        Office of Management and Budget                                              determination for the accessory device
                                                    registrations and cancellations received                                (OMB) for review and clearance under                                         according to the criteria in section
                                                    in the past 3 years under § 118.11. We                                  the Paperwork Reduction Act of 1995                                          513(a)(1) of the FD&C Act. The de novo
                                                    estimate that we will receive an average                                (the PRA).                                                                   must include a description of the device
                                                    of 300 registrations or updates per year                                DATES: Fax written comments on the                                           and detailed information and reasons
                                                    over the next 3 years. Based on the                                     collection of information by July 21,                                        for any recommended classification (see
                                                    number of cancellations previously                                      2016.                                                                        section 513(f)(2)(A)(v) of the FD&C Act).
                                                    received, we estimate that we will                                                                                                                      In the Federal Register of January 20,
                                                                                                                            ADDRESSES: To ensure that comments on
                                                    receive approximately 30 cancellations                                                                                                               2015 (80 FR 2710), FDA published a 60-
                                                                                                                            the information collection are received,
                                                    per year over the next 3 years.                                                                                                                      day notice requesting public comment
                                                                                                                            OMB recommends that written
                                                      We estimate that it takes the average                                                                                                              on the proposed collection of
                                                                                                                            comments be faxed to the Office of
                                                    farm 2.3 hours to register, taking into                                                                                                              information. We received a total of 12
                                                                                                                            Information and Regulatory Affairs,
                                                    account that some respondents                                                                                                                        comments on the guidance. Of these the
                                                                                                                            OMB, Attn: FDA Desk Officer, FAX:
                                                    completing the registration may not                                                                                                                  following were related to the
                                                                                                                            202–395–7285, or emailed to oira_
                                                    have readily available Internet access.                                                                                                              information collection:
                                                                                                                            submission@omb.eop.gov. All
                                                    Thus, the total annual burden for new
                                                                                                                            comments should be identified with the                                          Two comments raised concerns
                                                    shell egg producer registrations or
                                                                                                                            OMB control number 0910–NEW and                                              regarding the possible difficulties for
                                                    updates is calculated to be 690 hours
                                                                                                                            title ‘‘Medical Device Accessories.’’ Also                                   manufacturers to submit a de novo for
                                                    (300 × 2.3 hours).
                                                      We estimate cancelling a registration,                                include the FDA docket number found                                          new accessories and for risk- and
                                                                                                                            in brackets in the heading of this                                           regulatory control-based classification of
                                                    on average, requires a burden of
                                                                                                                            document.                                                                    accessories that were approved under
                                                    approximately 1 hour, taking into
                                                    account that some respondents may not                                   FOR FURTHER INFORMATION CONTACT: FDA                                         the premarket approval application
                                                    have readily available Internet access.                                 PRA Staff, Office of Operations, Food                                        (PMA) for the parent medical devices.
                                                    Thus, the total annual burden for                                       and Drug Administration, 8455                                                One comment questioned whether FDA
                                                    cancelling shell egg producer                                           Colesville Rd., COLE–14526, Silver                                           considered the possible ‘‘practical and
                                                    registrations is calculated to be 30 hours                              Spring, MD 20993–0002, PRAStaff@                                             economic impact’’ of the proposed
                                                    (30 cancellations × 1 hour).                                            fda.hhs.gov.                                                                 definition of ‘‘accessories’’ that may
                                                                                                                                                                                                         result in manufacturers being obligated
                                                      Dated: June 15, 2016.                                                 SUPPLEMENTARY INFORMATION: In
                                                                                                                                                                                                         to list some components as accessories
                                                    Leslie Kux,                                                             compliance with 44 U.S.C. 3507, FDA                                          for FDA’s registration and listing
                                                    Associate Commissioner for Policy.                                      has submitted the following proposed
                                                                                                                                                                                                         process. The second comment
                                                                                                                            collection of information to OMB for
                                                    [FR Doc. 2016–14584 Filed 6–20–16; 8:45 am]                                                                                                          anticipates that ‘‘few companies are
                                                                                                                            review and clearance.
                                                    BILLING CODE 4164–01–P                                                                                                                               likely to pursue this route given the
                                                                                                                            Medical Device Accessories—OMB                                               associated costs and minimal advantage
                                                                                                                            Control Number 0910–NEW                                                      in time to market.’’ Neither comment
                                                    DEPARTMENT OF HEALTH AND                                                   The draft guidance encourages                                             specifically discusses the potential PRA
                                                    HUMAN SERVICES                                                          manufacturers and other parties to                                           burden hours of voluntarily submitting
                                                                                                                            utilize the process defined in section                                       a de novo application; however, it may
                                                    Food and Drug Administration                                                                                                                         be inferred that this could impact their
                                                                                                                            513(f)(2) of the Federal Food, Drug, and
                                                    [Docket No. FDA–2016–N–1593]                                            Cosmetic Act (the FD&C Act) to request                                       resources under the PRA for submitting
                                                                                                                            risk- and regulatory control-based                                           a de novo.
                                                    Agency Information Collection                                           classifications of new types of                                                 Also, FDA is not proposing to limit or
                                                    Activities; Submission for Office of                                    accessories. This process provides a                                         remove any mechanism that currently
                                                    Management and Budget Review;                                           pathway to class I or class II                                               exists for manufacturers to obtain
                                                    Comment Request; Medical Device                                         classification for accessory devices for                                     marketing authorization for accessories.
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                                                    Accessories                                                             which general controls, or general and                                       De novos are typically less burdensome
                                                    AGENCY:      Food and Drug Administration,                              special controls, provide a reasonable                                       than PMAs for the purpose of
                                                    HHS.                                                                    assurance of safety and effectiveness,                                       classifying a new accessory.
                                                    ACTION:     Notice.                                                     but for which there is no legally                                            Furthermore, if a manufacturer wishes
                                                                                                                            marketed predicate device.                                                   for an accessory to remain in the same
                                                    SUMMARY:   The Food and Drug                                               In accordance with section 513(f)(2) of                                   regulatory class as the parent device,
                                                    Administration (FDA) is announcing                                      the FD&C Act, manufacturers and other                                        that manufacturer may continue to
                                                    that a proposed collection of                                           parties may submit a de novo requesting                                      submit the accessory for clearance or


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Document Created: 2016-06-21 01:30:09
Document Modified: 2016-06-21 01:30:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by July 21, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation81 FR 40312 

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