81_FR_48959 81 FR 48816 - Agency Information Collection Activities; Proposed Collection; Comment Request; Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products

81 FR 48816 - Agency Information Collection Activities; Proposed Collection; Comment Request; Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 143 (July 26, 2016)

Page Range48816-48819
FR Document2016-17571

The Food and Drug Administration (FDA or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice invites comments on the information collection provisions of our regulations requiring reporting and recordkeeping for processors and importers of fish and fishery products.

Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016)
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48816-48819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17571]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0879]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Procedures for the Safe and Sanitary Processing and 
Importing of Fish and Fishery Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice invites comments on the information collection 
provisions of our regulations requiring reporting and recordkeeping for 
processors and importers of fish and fishery products.

DATES: Submit either electronic or written comments on the collection 
of information by September 26, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2013-N-0879 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Procedures for the Safe and 
Sanitary Processing and Importing of Fish and Fishery Products.'' 
Received comments will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be

[[Page 48817]]

made publicly available, submit your comments only as a written/paper 
submission. You should submit two copies total. One copy will include 
the information you claim to be confidential with a heading or cover 
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' 
The Agency will review this copy, including the claimed confidential 
information, in its consideration of comments. The second copy, which 
will have the claimed confidential information redacted/blacked out, 
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets 
Management. If you do not wish your name and contact information to be 
made publicly available, you can provide this information on the cover 
sheet and not in the body of your comments and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Procedures for the Safe and Sanitary Processing and Importing of Fish 
and Fishery Products--21 CFR Part 123

OMB Control Number 0910-0354--Extension

    FDA regulations in part 123 (21 CFR part 123) mandate the 
application of hazard analysis and critical control point (HACCP) 
principles to the processing of seafood. HACCP is a preventive system 
of hazard control designed to help ensure the safety of foods. The 
regulations were issued under FDA's statutory authority to regulate 
food safety, including section 402(a)(1) and (4) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 342(a)(1) and (4)).
    Certain provisions in part 123 require that processors and 
importers of seafood collect and record information. The HACCP records 
compiled and maintained by a seafood processor primarily consist of the 
periodic observations recorded at selected monitoring points during 
processing and packaging operations, as called for in a processor's 
HACCP plan (e.g., the values for processing times, temperatures, 
acidity, etc., as observed at critical control points). The primary 
purpose of HACCP records is to permit a processor to verify that 
products have been produced within carefully established processing 
parameters (critical limits) that ensure that hazards have been 
avoided.
    HACCP records are normally reviewed by appropriately trained 
employees at the end of a production lot or at the end of a day or week 
of production to verify that control limits have been maintained, or 
that appropriate corrective actions were taken if the critical limits 
were not maintained. Such verification activities are essential to 
ensure that the HACCP system is working as planned. A review of these 
records during the conduct of periodic plant inspections also permits 
FDA to determine whether the products have been consistently processed 
in conformance with appropriate HACCP food safety controls.
    Section 123.12 requires that importers of seafood products take 
affirmative steps and maintain records that verify that the fish and 
fishery products they offer for import into the United States were 
processed in accordance with the HACCP and sanitation provisions set 
forth in part 123. These records are also to be made available for 
review by FDA as provided in Sec.  123.12(c).
    The time and costs of these recordkeeping activities will vary 
considerably among processors and importers of fish and fishery 
products, depending on the type and number of products involved, and on 
the nature of the equipment or instruments required to monitor critical 
control points. The burden estimate in table 1 includes only those 
collections of information under the seafood HACCP regulations that are 
not already required under other statutes and regulations. The estimate 
also does not include collections of information that are a usual and 
customary part of businesses' normal activities. For example, the 
tagging and labeling of molluscan shellfish (21 CFR 1240.60) is a 
customary and usual practice among seafood processors. Consequently, 
the estimates in table 1 account only for information collection and 
recording requirements attributable to part 123.
    Description of respondents: Respondents to this collection of 
information include processors and importers of seafood.
    FDA estimates the burden of this collection of information as 
follows:

[[Page 48818]]



                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                 Number of
                                 Number of      records per    Total annual   Average burden per
     21 CFR Section \2\        recordkeepers   recordkeeper       records      recordkeeping \4\    Total hours
                                                    \3\
----------------------------------------------------------------------------------------------------------------
123.6(a), (b), and (c);                   50               1              50                  16             800
 Prepare hazard analysis and
 HACCP plan.................
123.6(c)(5); Undertake and            15,000               4          60,000                 .30          18,000
 prepare records of                                                                 (18 minutes)
 corrective actions.........
123.8(a)(1) and (c);                  15,000               1          15,000                   4          60,000
 Reassess hazard analysis
 and HACCP plan.............
123.12(a)(2)(ii); Verify               4,100              80         328,000                 .20          65,600
 compliance of imports and                                                          (12 minutes)
 prepare records of
 verification activities....
123.6(c)(7); Document                 15,000             280       4,200,000                 .30       1,260,000
 monitoring of critical                                                             (18 minutes)
 control points.............
123.7(d); Undertake and                6,000               4          24,000                 .10           2,400
 prepare records of                                                                  (6 minutes)
 corrective actions due to a
 deviation from a critical
 limit......................
123.8(d); Maintain records            15,000              47         705,000                 .10          70,500
 of the calibration of                                                               (6 minutes)
 process-monitoring
 instruments and the
 performing of any periodic
 end-product and in-process
 testing....................
123.11(c); Maintain                   15,000             280       4,200,000                 .10         420,000
 sanitation control records.                                                         (6 minutes)
123.12(c); Maintain records            4,100              80         328,000                 .10          32,800
 that verify that the fish                                                           (6 minutes)
 and fishery products they
 offer for import into the
 United States were
 processed in accordance
 with the HACCP and
 sanitation provisions set
 forth in part 123..........
123.12(a)(2); Prepare new                 41               1              41                   4             164
 written verification
 procedures to verify
 compliance of imports......
                             -----------------------------------------------------------------------------------
    Total...................  ..............  ..............  ..............  ..................       1,930,264
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ These estimates include the information collection requirements in the following sections:
 Sec.   123.16--Smoked Fish--process controls (see Sec.   123.6(b));
 Sec.   123.28(a)--Source Controls--molluscan shellfish (see Sec.   123.6(b));
 Sec.   123.28(c) and (d)--Records--molluscan shellfish (see Sec.   123.6(c)(7)).
\3\ Based on an estimated 280 working days per year.
\4\ Estimated average time per 8-hour work day unless one-time response.

    We base this hour burden estimate on our experience with the 
application of HACCP principles in food processing. Further, the 
burdens have been estimated using typical small seafood processing 
firms as a model because these firms represent a significant proportion 
of the industry. The hour burden of HACCP recordkeeping activities will 
vary considerably among processors and importers of fish and fishery 
products, depending on the size of the facility and complexity of the 
HACCP control scheme (i.e., the number of products and the number of 
hazards controlled); the daily frequency that control points are 
monitored and values recorded; and also on the extent that data 
recording time and cost are minimized by the use of automated data 
logging technology. The burden estimate does not include burden hours 
for activities that are a usual and customary part of businesses' 
normal activities. For example, the tagging and labeling of molluscan 
shellfish (Sec.  1240.60) is a customary and usual practice among 
seafood processors.
    Based on our records, we estimate that there are 15,000 processors 
and 4,100 importers. We estimate that 50 processors will undertake the 
initial preparation of a hazard analysis and HAACP plan (Sec.  
123.6(a), (b), and (c)). We estimate the burden for the initial 
preparation of a hazard analysis and HAACP plan to be 16 hours per 
processor for a total burden of 800 hours.
    We estimate that all processors (15,000 processors) will undertake 
and keep records of four corrective action plans (Sec.  123.6(c)(5)) 
for a total of 60,000 records. We estimate the burden for the 
preparation of each record to be .30 hours for a total burden of 18,000 
hours. We estimate that all processors (15,000 processors) will 
annually reassess their hazard analysis and HACCP plan (Sec.  
123.8(a)(1) and (c)). We estimate the burden for the reassessment of 
the hazard analysis and HAACP plan to be 4 hours per processor for a 
total burden of 60,000 hours.
    We estimate that all importers (4,100 importers) will take 
affirmative steps to verify compliance of imports and prepare 80 
records of their verification activities (Sec.  123.12(a)(2)(ii)) for a 
total of 328,000 records. We estimate the burden for the preparation of 
each record to be .20 hours for a total burden of 65,600 hours.
    We estimate that all processors (15,000 processors) will document 
the monitoring of critical control points (Sec.  123.6(c)(7)) at 280 
records per processor for a total of 4,200,000 records. We estimate the 
burden for the preparation of each record to be .30 hours for a total 
burden of 1,260,000 hours.
    We estimate that 40 percent of all processors (6,000 processors) 
will maintain records of any corrective actions taken due to a 
deviation from a critical limit (Sec.  123.7(d) at 4 records per 
processor for a total of 24,000 records.

[[Page 48819]]

We estimate the burden for the preparation of each record to be .10 
hours for a total burden of 2,400 hours.
    We estimate that all processors (15,000 processors) will maintain 
records of the calibration of process-monitoring instruments and the 
performing of any periodic end-product and in-process testing (Sec.  
123.8(d)) at 47 records per processor for a total of 705,000 records. 
We estimate the burden for the preparation of each record to be .10 
hours for a total burden of 70,500 hours.
    We estimate that all processors (15,000 processors) will maintain 
sanitation control records (Sec.  123.11(c)) at 280 records per 
processor for a total of 4,200,000 records. We estimate the burden for 
the preparation of each record to be .10 hours for a total burden of 
420,000 hours.
    We estimate that all importers (4,100 importers) will maintain 
records that verify that the fish and fishery products they offer for 
import into the United States were processed in accordance with the 
HACCP and sanitation provisions set forth in part 123 (Sec.  
123.12(c)). We estimate that 80 records will be prepared per importer 
for a total of 328,000 records. We estimate the burden for the 
preparation of each record to be .10 hours for a total burden of 32,800 
hours.
    We estimate that 1 percent of all importers (41 importers) will 
require new written verification procedures to verify compliance of 
imports (Sec.  123.12(a)(2)). We estimate the burden for preparing the 
new procedures to be 4 hours per importer for a total burden of 164 
hours.

    Dated: July 19, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-17571 Filed 7-25-16; 8:45 am]
BILLING CODE 4164-01-P



                                                48816                           Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices

                                                accredited issuing agencies, and consist                 request to CDRH-Guidance@fda.hhs.gov                  ADDRESSES:       You may submit comments
                                                of a specific set of characters used to                  or ocod@fda.hhs.gov, or by calling 1–                 as follows:
                                                identify the information immediately                     800–835–4709 or 240–402–7800, to
                                                                                                                                                               Electronic Submissions
                                                following the data delimiter.                            receive an electronic copy of the
                                                   For purposes of this draft guidance,                  document. Please use the document                       Submit electronic comments in the
                                                we define ‘‘UDI carrier’’ as the means to                number GUD1500035 to identify the                     following way:
                                                convey the UDI and any non-UDI                           guidance you are requesting.                            • Federal eRulemaking Portal: http://
                                                elements by using easily readable plain-                                                                       www.regulations.gov. Follow the
                                                text and AIDC forms. In the UDI carrier,                 V. Paperwork Reduction Act of 1995                    instructions for submitting comments.
                                                the data represented in the UDI should                     This draft guidance refers to                       Comments submitted electronically,
                                                precede any non-UDI elements and                         previously approved collections of                    including attachments, to http://
                                                should be distinguishable from the UDI                   information described in FDA                          www.regulations.gov will be posted to
                                                elements. The easily readable plain-text                 regulations. These collections of                     the docket unchanged. Because your
                                                form of the UDI should be ordered to                     information are subject to review by the              comment will be made public, you are
                                                specify the DI first, followed by the PIs.               Office of Management and Budget                       solely responsible for ensuring that your
                                                If there are any non-UDI elements in the                 (OMB) under the Paperwork Reduction                   comment does not include any
                                                UDI carrier, the non-UDI elements                        Act of 1995 (44 U.S.C. 3501–3520). The                confidential information that you or a
                                                should follow the PIs that are part of the               collections of information in 21 CFR                  third party may not wish to be posted,
                                                UDI. For more information on non-UDI                     part 801 have been approved under                     such as medical information, your or
                                                elements capable of being included in                    OMB control number 0910–0485, and                     anyone else’s Social Security number, or
                                                the UDI carrier, labelers should contact                 the collections of information in 21 CFR              confidential business information, such
                                                their FDA-accredited issuing agency.                     part 830 have been approved under                     as a manufacturing process. Please note
                                                                                                         OMB control number 0910–0720.                         that if you include your name, contact
                                                II. Significance of Guidance
                                                                                                                                                               information, or other information that
                                                   This draft guidance is being issued                     Dated: July 20, 2016.
                                                                                                                                                               identifies you in the body of your
                                                consistent with FDA’s good guidance                      Leslie Kux,
                                                                                                                                                               comments, that information will be
                                                practices regulation (21 CFR 10.115).                    Associate Commissioner for Policy.                    posted on http://www.regulations.gov.
                                                The draft guidance, when finalized, will                 [FR Doc. 2016–17554 Filed 7–25–16; 8:45 am]             • If you want to submit a comment
                                                represent the current thinking of FDA                    BILLING CODE 4164–01–P                                with confidential information that you
                                                on ‘‘Unique Device Identification                                                                              do not wish to be made available to the
                                                System: Form and Content of the                                                                                public, submit the comment as a
                                                Unique Device Identifier (UDI)’’. It does                DEPARTMENT OF HEALTH AND                              written/paper submission and in the
                                                not establish any rights for any person                  HUMAN SERVICES                                        manner detailed (see ‘‘Written/Paper
                                                and is not binding on FDA or the public.                                                                       Submissions’’ and ‘‘Instructions’’).
                                                You can use an alternative approach if                   Food and Drug Administration
                                                it satisfies the requirements of the                                                                           Written/Paper Submissions
                                                                                                         [Docket No. FDA–2013–N–0879]
                                                applicable statutes and regulations.                                                                              Submit written/paper submissions as
                                                                                                         Agency Information Collection                         follows:
                                                III. Request for Comments                                Activities; Proposed Collection;                         • Mail/Hand delivery/Courier (for
                                                   FDA is seeking additional information                 Comment Request; Procedures for the                   written/paper submissions): Division of
                                                on this issue. FDA is particularly                       Safe and Sanitary Processing and                      Dockets Management (HFA–305), Food
                                                interested in receiving information                      Importing of Fish and Fishery Products                and Drug Administration, 5630 Fishers
                                                relating to the following question: Are                                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                there any additional standards, in                       AGENCY:    Food and Drug Administration,                 • For written/paper comments
                                                addition to those referenced in this draft               HHS.                                                  submitted to the Division of Dockets
                                                guidance, that should be used to                         ACTION:   Notice.                                     Management, FDA will post your
                                                determine the print quality of the AIDC                                                                        comment, as well as any attachments,
                                                form of the UDI?                                         SUMMARY:   The Food and Drug                          except for information submitted,
                                                                                                         Administration (FDA or we) is                         marked and identified, as confidential,
                                                IV. Electronic Access                                    announcing an opportunity for public                  if submitted as detailed in
                                                   Persons interested in obtaining a copy                comment on the proposed collection of                 ‘‘Instructions.’’
                                                of the draft guidance may do so by                       certain information by the Agency.                       Instructions: All submissions received
                                                downloading an electronic copy from                      Under the Paperwork Reduction Act of                  must include the Docket No. FDA–
                                                the Internet. A search capability for all                1995 (the PRA), Federal Agencies are                  2013–N–0879 for ‘‘Agency Information
                                                Center for Devices and Radiological                      required to publish notice in the                     Collection Activities; Proposed
                                                Health guidance documents is available                   Federal Register concerning each                      Collection; Comment Request;
                                                at http://www.fda.gov/MedicalDevices/                    proposed collection of information,                   Procedures for the Safe and Sanitary
                                                DeviceRegulationandGuidance/                             including each proposed extension of an               Processing and Importing of Fish and
                                                GuidanceDocuments/default.htm or at                      existing collection of information, and               Fishery Products.’’ Received comments
                                                http://www.fda.gov/                                      to allow 60 days for public comment in                will be placed in the docket and, except
                                                BiologicsBloodVaccines/                                  response to the notice. This notice                   for those submitted as ‘‘Confidential
                                                GuidanceComplianceRegulatory                             invites comments on the information                   Submissions,’’ publicly viewable at
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Information/default.htm. Guidance                        collection provisions of our regulations              http://www.regulations.gov or at the
                                                documents are also available at http://                  requiring reporting and recordkeeping                 Division of Dockets Management
                                                www.regulations.gov. Persons unable to                   for processors and importers of fish and              between 9 a.m. and 4 p.m., Monday
                                                download an electronic copy of                           fishery products.                                     through Friday.
                                                ‘‘Unique Device Identification System:                   DATES: Submit either electronic or                       • Confidential Submissions—To
                                                Form and Content of the Unique Device                    written comments on the collection of                 submit a comment with confidential
                                                Identifier (UDI)’’ may send an email                     information by September 26, 2016.                    information that you do not wish to be


                                           VerDate Sep<11>2014   20:28 Jul 25, 2016   Jkt 238001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                                                Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices                                           48817

                                                made publicly available, submit your                     U.S.C. 3506(c)(2)(A)) requires Federal                a processor to verify that products have
                                                comments only as a written/paper                         Agencies to provide a 60-day notice in                been produced within carefully
                                                submission. You should submit two                        the Federal Register concerning each                  established processing parameters
                                                copies total. One copy will include the                  proposed collection of information,                   (critical limits) that ensure that hazards
                                                information you claim to be confidential                 including each proposed extension of an               have been avoided.
                                                with a heading or cover note that states                 existing collection of information,                     HACCP records are normally
                                                ‘‘THIS DOCUMENT CONTAINS                                 before submitting the collection to OMB               reviewed by appropriately trained
                                                CONFIDENTIAL INFORMATION.’’ The                          for approval. To comply with this                     employees at the end of a production lot
                                                Agency will review this copy, including                  requirement, FDA is publishing notice                 or at the end of a day or week of
                                                the claimed confidential information, in                 of the proposed collection of                         production to verify that control limits
                                                its consideration of comments. The                       information set forth in this document.               have been maintained, or that
                                                second copy, which will have the                            With respect to the following
                                                                                                                                                               appropriate corrective actions were
                                                claimed confidential information                         collection of information, FDA invites
                                                                                                                                                               taken if the critical limits were not
                                                redacted/blacked out, will be available                  comments on these topics: (1) Whether
                                                                                                                                                               maintained. Such verification activities
                                                for public viewing and posted on http://                 the proposed collection of information
                                                                                                                                                               are essential to ensure that the HACCP
                                                www.regulations.gov. Submit both                         is necessary for the proper performance
                                                                                                                                                               system is working as planned. A review
                                                copies to the Division of Dockets                        of FDA’s functions, including whether
                                                                                                         the information will have practical                   of these records during the conduct of
                                                Management. If you do not wish your
                                                                                                         utility; (2) the accuracy of FDA’s                    periodic plant inspections also permits
                                                name and contact information to be
                                                                                                         estimate of the burden of the proposed                FDA to determine whether the products
                                                made publicly available, you can
                                                                                                         collection of information, including the              have been consistently processed in
                                                provide this information on the cover
                                                                                                         validity of the methodology and                       conformance with appropriate HACCP
                                                sheet and not in the body of your
                                                                                                         assumptions used; (3) ways to enhance                 food safety controls.
                                                comments and you must identify this
                                                information as ‘‘confidential.’’ Any                     the quality, utility, and clarity of the                Section 123.12 requires that importers
                                                information marked as ‘‘confidential’’                   information to be collected; and (4)                  of seafood products take affirmative
                                                will not be disclosed except in                          ways to minimize the burden of the                    steps and maintain records that verify
                                                accordance with 21 CFR 10.20 and other                   collection of information on                          that the fish and fishery products they
                                                applicable disclosure law. For more                      respondents, including through the use                offer for import into the United States
                                                information about FDA’s posting of                       of automated collection techniques,                   were processed in accordance with the
                                                comments to public dockets, see 80 FR                    when appropriate, and other forms of                  HACCP and sanitation provisions set
                                                56469, September 18, 2015, or access                     information technology.                               forth in part 123. These records are also
                                                the information at: http://www.fda.gov/                                                                        to be made available for review by FDA
                                                                                                         Procedures for the Safe and Sanitary
                                                regulatoryinformation/dockets/                                                                                 as provided in § 123.12(c).
                                                                                                         Processing and Importing of Fish and
                                                default.htm.                                             Fishery Products—21 CFR Part 123                        The time and costs of these
                                                   Docket: For access to the docket to                                                                         recordkeeping activities will vary
                                                read background documents or the                         OMB Control Number 0910–0354—
                                                                                                                                                               considerably among processors and
                                                electronic and written/paper comments                    Extension
                                                                                                                                                               importers of fish and fishery products,
                                                received, go to http://                                     FDA regulations in part 123 (21 CFR                depending on the type and number of
                                                www.regulations.gov and insert the                       part 123) mandate the application of                  products involved, and on the nature of
                                                docket number, found in brackets in the                  hazard analysis and critical control                  the equipment or instruments required
                                                heading of this document, into the                       point (HACCP) principles to the                       to monitor critical control points. The
                                                ‘‘Search’’ box and follow the prompts                    processing of seafood. HACCP is a                     burden estimate in table 1 includes only
                                                and/or go to the Division of Dockets                     preventive system of hazard control                   those collections of information under
                                                Management, 5630 Fishers Lane, Rm.                       designed to help ensure the safety of                 the seafood HACCP regulations that are
                                                1061, Rockville, MD 20852.                               foods. The regulations were issued                    not already required under other
                                                FOR FURTHER INFORMATION CONTACT: FDA                     under FDA’s statutory authority to                    statutes and regulations. The estimate
                                                PRA Staff, Office of Operations, Food                    regulate food safety, including section               also does not include collections of
                                                and Drug Administration, Three White                     402(a)(1) and (4) of the Federal Food,                information that are a usual and
                                                Flint North, 10A63, 11601 Landsdown                      Drug, and Cosmetic Act (21 U.S.C.                     customary part of businesses’ normal
                                                St., North Bethesda, MD 20852,                           342(a)(1) and (4)).                                   activities. For example, the tagging and
                                                PRAStaff@fda.hhs.gov.                                       Certain provisions in part 123 require             labeling of molluscan shellfish (21 CFR
                                                SUPPLEMENTARY INFORMATION: Under the                     that processors and importers of seafood              1240.60) is a customary and usual
                                                PRA (44 U.S.C. 3501–3520), Federal                       collect and record information. The                   practice among seafood processors.
                                                Agencies must obtain approval from the                   HACCP records compiled and                            Consequently, the estimates in table 1
                                                Office of Management and Budget                          maintained by a seafood processor                     account only for information collection
                                                (OMB) for each collection of                             primarily consist of the periodic                     and recording requirements attributable
                                                information they conduct or sponsor.                     observations recorded at selected                     to part 123.
                                                ‘‘Collection of information’’ is defined                 monitoring points during processing
                                                in 44 U.S.C. 3502(3) and 5 CFR                           and packaging operations, as called for                 Description of respondents:
                                                1320.3(c) and includes Agency requests                   in a processor’s HACCP plan (e.g., the                Respondents to this collection of
                                                or requirements that members of the                      values for processing times,                          information include processors and
                                                                                                                                                               importers of seafood.
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                                                public submit reports, keep records, or                  temperatures, acidity, etc., as observed
                                                provide information to a third party.                    at critical control points). The primary                FDA estimates the burden of this
                                                Section 3506(c)(2)(A) of the PRA (44                     purpose of HACCP records is to permit                 collection of information as follows:




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                                                48818                                     Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices

                                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                   Number of                                                Average
                                                                                                                                       Number of                                            Total annual
                                                                           21 CFR Section 2                                                                       records per                                              burden per                    Total hours
                                                                                                                                     recordkeepers                                            records
                                                                                                                                                                recordkeeper 3                                           recordkeeping 4

                                                123.6(a), (b), and (c); Prepare hazard analysis and
                                                  HACCP plan .............................................................                               50                          1                         50                                 16              800
                                                123.6(c)(5); Undertake and prepare records of cor-
                                                  rective actions ..........................................................                     15,000                               4                 60,000                            .30                  18,000
                                                                                                                                                                                                                                 (18 minutes)
                                                123.8(a)(1) and (c); Reassess hazard analysis and
                                                  HACCP plan .............................................................                        15,000                             1                  15,000                                      4          60,000
                                                123.12(a)(2)(ii); Verify compliance of imports and pre-
                                                  pare records of verification activities ........................                                  4,100                           80                328,000                             .20                  65,600
                                                                                                                                                                                                                                 (12 minutes)
                                                123.6(c)(7); Document monitoring of critical control
                                                  points ........................................................................                15,000                           280              4,200,000                              .30               1,260,000
                                                                                                                                                                                                                                 (18 minutes)
                                                123.7(d); Undertake and prepare records of correc-
                                                  tive actions due to a deviation from a critical limit ...                                         6,000                             4                 24,000                             .10                  2,400
                                                                                                                                                                                                                                   (6 minutes)
                                                123.8(d); Maintain records of the calibration of proc-
                                                  ess-monitoring instruments and the performing of
                                                  any periodic end-product and in-process testing .....                                           15,000                            47               705,000                               .10                 70,500
                                                                                                                                                                                                                                   (6 minutes)
                                                123.11(c); Maintain sanitation control records ............                                       15,000                          280              4,200,000                               .10               420,000
                                                                                                                                                                                                                                   (6 minutes)
                                                123.12(c); Maintain records that verify that the fish
                                                  and fishery products they offer for import into the
                                                  United States were processed in accordance with
                                                  the HACCP and sanitation provisions set forth in
                                                  part 123 ....................................................................                     4,100                          80                328,000                               .10                 32,800
                                                                                                                                                                                                                                   (6 minutes)
                                                123.12(a)(2); Prepare new written verification proce-
                                                  dures to verify compliance of imports ......................                                           41                          1                         41                                   4             164

                                                      Total ......................................................................   ........................   ........................   ........................   ................................      1,930,264
                                                   1 There  are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 These  estimates include the information collection requirements in the following sections:
                                                     § 123.16—Smoked Fish—process controls (see § 123.6(b));
                                                     § 123.28(a)—Source Controls—molluscan shellfish (see § 123.6(b));
                                                     § 123.28(c) and (d)—Records—molluscan shellfish (see § 123.6(c)(7)).
                                                   3 Based on an estimated 280 working days per year.
                                                   4 Estimated average time per 8-hour work day unless one-time response.




                                                   We base this hour burden estimate on                                   customary and usual practice among                                           4 hours per processor for a total burden
                                                our experience with the application of                                    seafood processors.                                                          of 60,000 hours.
                                                HACCP principles in food processing.                                         Based on our records, we estimate                                            We estimate that all importers (4,100
                                                Further, the burdens have been                                            that there are 15,000 processors and                                         importers) will take affirmative steps to
                                                estimated using typical small seafood                                     4,100 importers. We estimate that 50                                         verify compliance of imports and
                                                processing firms as a model because                                       processors will undertake the initial                                        prepare 80 records of their verification
                                                these firms represent a significant                                       preparation of a hazard analysis and                                         activities (§ 123.12(a)(2)(ii)) for a total of
                                                proportion of the industry. The hour                                      HAACP plan (§ 123.6(a), (b), and (c)).                                       328,000 records. We estimate the
                                                burden of HACCP recordkeeping                                             We estimate the burden for the initial                                       burden for the preparation of each
                                                activities will vary considerably among                                   preparation of a hazard analysis and                                         record to be .20 hours for a total burden
                                                processors and importers of fish and                                      HAACP plan to be 16 hours per                                                of 65,600 hours.
                                                fishery products, depending on the size                                   processor for a total burden of 800                                             We estimate that all processors
                                                of the facility and complexity of the                                     hours.                                                                       (15,000 processors) will document the
                                                HACCP control scheme (i.e., the number                                       We estimate that all processors                                           monitoring of critical control points
                                                of products and the number of hazards                                     (15,000 processors) will undertake and                                       (§ 123.6(c)(7)) at 280 records per
                                                controlled); the daily frequency that                                     keep records of four corrective action                                       processor for a total of 4,200,000
                                                control points are monitored and values                                   plans (§ 123.6(c)(5)) for a total of 60,000                                  records. We estimate the burden for the
                                                recorded; and also on the extent that                                     records. We estimate the burden for the                                      preparation of each record to be .30
                                                data recording time and cost are                                          preparation of each record to be .30                                         hours for a total burden of 1,260,000
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                                                minimized by the use of automated data                                    hours for a total burden of 18,000 hours.                                    hours.
                                                logging technology. The burden estimate                                   We estimate that all processors (15,000                                         We estimate that 40 percent of all
                                                does not include burden hours for                                         processors) will annually reassess their                                     processors (6,000 processors) will
                                                activities that are a usual and customary                                 hazard analysis and HACCP plan                                               maintain records of any corrective
                                                part of businesses’ normal activities. For                                (§ 123.8(a)(1) and (c)). We estimate the                                     actions taken due to a deviation from a
                                                example, the tagging and labeling of                                      burden for the reassessment of the                                           critical limit (§ 123.7(d) at 4 records per
                                                molluscan shellfish (§ 1240.60) is a                                      hazard analysis and HAACP plan to be                                         processor for a total of 24,000 records.


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                                                                                Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices                                                 48819

                                                We estimate the burden for the                           reflect on the past, present, and future              during the meeting that are responsive
                                                preparation of each record to be .10                     impact of national bioethics advisory                 to specific sessions. Written comments
                                                hours for a total burden of 2,400 hours.                 bodies. Topics will include the history               will be accepted in advance, during, and
                                                   We estimate that all processors                       of national bioethics advisory bodies                 after the meeting and are especially
                                                (15,000 processors) will maintain                        and their contributions to health policy,             welcome. Comments will be publicly
                                                records of the calibration of process-                   perspectives about similar bodies                     available, including any personally
                                                monitoring instruments and the                           elsewhere, and discussion about what                  identifiable or confidential business
                                                performing of any periodic end-product                   the future holds for groups like the                  information that they contain. Trade
                                                and in-process testing (§ 123.8(d)) at 47                Commission.                                           secrets should not be submitted.
                                                records per processor for a total of                     DATES: The meeting will take place                       Written comments will be accepted by
                                                705,000 records. We estimate the                         August 31, 2016, from 9 a.m. to                       email to info@bioethics.gov, or by mail
                                                burden for the preparation of each                       approximately 4 p.m.                                  to the following address: Public
                                                record to be .10 hours for a total burden                ADDRESSES: Annenberg Public Policy                    Commentary, Presidential Commission
                                                of 70,500 hours.                                         Center, 202 S. 36th St., Philadelphia, PA             for the Study of Bioethical Issues, 330
                                                   We estimate that all processors                                                                             C Street SW., Suite L001, Washington,
                                                                                                         19104.
                                                (15,000 processors) will maintain                                                                              DC 20201. To accommodate as many
                                                                                                         FOR FURTHER INFORMATION CONTACT: Lisa
                                                sanitation control records (§ 123.11(c))                                                                       individuals as possible, the time for
                                                at 280 records per processor for a total                 M. Lee, Executive Director, Presidential
                                                                                                         Commission for the Study of Bioethical                each question or comment may be
                                                of 4,200,000 records. We estimate the                                                                          limited. If the number of individuals
                                                burden for the preparation of each                       Issues, 330 C Street SW., Suite L001,
                                                                                                         Washington, DC 20201. Telephone:                      wishing to pose a question or make a
                                                record to be .10 hours for a total burden                                                                      comment is greater than can reasonably
                                                of 420,000 hours.                                        202–795–7689. Email: Lisa.Lee@
                                                                                                         bioethics.gov. Additional information                 be accommodated during the scheduled
                                                   We estimate that all importers (4,100                                                                       meeting, the Commission may make a
                                                importers) will maintain records that                    may be obtained at www.bioethics.gov.
                                                                                                         SUPPLEMENTARY INFORMATION: Pursuant                   random selection. Time permitting, we
                                                verify that the fish and fishery products                                                                      will read aloud as many comments as
                                                they offer for import into the United                    to the Federal Advisory Committee Act
                                                                                                         of 1972, Public Law 92–463, 5 U.S.C.                  possible.
                                                States were processed in accordance
                                                                                                         app. 2, notice is hereby given of the                    Anyone planning to attend the
                                                with the HACCP and sanitation
                                                                                                         twenty-sixth meeting of the                           meeting who needs special assistance,
                                                provisions set forth in part 123
                                                                                                         Commission. The meeting will be open                  such as sign language interpretation or
                                                (§ 123.12(c)). We estimate that 80
                                                                                                         to the public with attendance limited to              other reasonable accommodations,
                                                records will be prepared per importer
                                                                                                         space available. The meeting will also                should notify Esther Yoo by telephone
                                                for a total of 328,000 records. We
                                                                                                         be webcast at www.bioethics.gov.                      at (202) 795–7689, or email at
                                                estimate the burden for the preparation
                                                                                                            Under authority of Executive Order                 Esther.Yoo@bioethics.gov at least one
                                                of each record to be .10 hours for a total
                                                                                                         13521, dated November 24, 2009, the                   week in advance of the meeting. The
                                                burden of 32,800 hours.
                                                   We estimate that 1 percent of all                     President established the Commission.                 Commission will make every effort to
                                                importers (41 importers) will require                    The Commission is an expert panel of                  accommodate persons who need special
                                                new written verification procedures to                   not more than 13 members who are                      assistance.
                                                verify compliance of imports                             drawn from the fields of bioethics,                     Dated: July 8, 2016.
                                                (§ 123.12(a)(2)). We estimate the burden                 science, medicine, technology,                        Lisa M. Lee,
                                                for preparing the new procedures to be                   engineering, law, philosophy, theology,               Executive Director, Presidential Commission
                                                4 hours per importer for a total burden                  or other areas of the humanities or                   for the Study of Bioethical Issues.
                                                of 164 hours.                                            social sciences. The Commission                       [FR Doc. 2016–17620 Filed 7–25–16; 8:45 am]
                                                                                                         advises the President on bioethical
                                                  Dated: July 19, 2016.                                  issues arising from advances in
                                                                                                                                                               BILLING CODE 4154–06–P
                                                Leslie Kux,                                              biomedicine and related areas of science
                                                Associate Commissioner for Policy.                       and technology. The Commission seeks                  DEPARTMENT OF HEALTH AND
                                                [FR Doc. 2016–17571 Filed 7–25–16; 8:45 am]              to identify and promote policies and                  HUMAN SERVICES
                                                BILLING CODE 4164–01–P                                   practices that ensure scientific research,
                                                                                                         health care delivery, and technological               National Institutes of Health
                                                                                                         innovation are conducted in a socially
                                                DEPARTMENT OF HEALTH AND                                 and ethically responsible manner.                     National Institute of General Medical
                                                HUMAN SERVICES                                              The main agenda for the                            Sciences; Notice of Closed Meetings
                                                                                                         Commission’s twenty-sixth meeting is to
                                                Public Meeting of the Presidential                       reflect upon the role of national                       Pursuant to section 10(d) of the
                                                Commission for the Study of                              bioethics advisory bodies, both in the                Federal Advisory Committee Act, as
                                                Bioethical Issues                                        US and abroad, in the past, present, and              amended (5 U.S.C. App.), notice is
                                                AGENCY:  Presidential Commission for                     future.                                               hereby given of the following meetings.
                                                the Study of Bioethical Issues, Office of                   The Commission welcomes input                        The meetings will be closed to the
                                                the Assistant Secretary for Health,                      from anyone wishing to provide public                 public in accordance with the
                                                Office of the Secretary, Department of                   comment on any issue before it.                       provisions set forth in sections
                                                                                                         Respectful consideration of opposing                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
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                                                Health and Human Services.
                                                ACTION: Notice of meeting.                               views and active participation by                     as amended. The grant applications and
                                                                                                         citizens in public exchange of ideas                  the discussions could disclose
                                                SUMMARY:   The Presidential Commission                   enhances overall public understanding                 confidential trade secrets or commercial
                                                for the Study of Bioethical Issues (the                  of the issues at hand and conclusions                 property such as patentable material,
                                                Commission) will conduct its twenty-                     reached by the Commission. The                        and personal information concerning
                                                sixth meeting on August 31, 2016. At                     Commission is particularly interested in              individuals associated with the grant
                                                this meeting, the Commission will                        receiving comments and questions                      applications, the disclosure of which


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Document Created: 2018-02-08 08:00:48
Document Modified: 2018-02-08 08:00:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by September 26, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation81 FR 48816 

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