81_FR_67156 81 FR 66967 - Agency Information Collection Activities; Proposed Collection; Comment Request; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements

81 FR 66967 - Agency Information Collection Activities; Proposed Collection; Comment Request; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66967-66970
FR Document2016-23521

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 FDA's regulations regarding current good manufacturing practice (CGMP) for dietary supplements.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66967-66970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23521]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1619]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Current Good Manufacturing Practice in Manufacturing, 
Packaging, Labeling, or Holding Operations for Dietary Supplements

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 FDA's regulations regarding current good manufacturing 
practice (CGMP) for dietary supplements.

DATES: Submit either electronic or written comments on the collection 
of information by November 28, 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

[[Page 66968]]

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-1619 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Current Good Manufacturing 
Practice in Manufacturing, Packaging, Labeling, or Holding Operations 
for Dietary Supplements.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
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, [email protected].

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.

Current Good Manufacturing Practice in Manufacturing, Packaging, 
Labeling, or Holding Operations for Dietary Supplements--21 CFR Part 
111; OMB Control Number 0910-0606--Extension

    On October 25, 1994, the Dietary Supplement Health and Education 
Act (DSHEA) (Pub. L. 103-417) was signed into law. DSHEA, among other 
things, amended the Federal Food, Drug, and Cosmetic Act (the FD&C Act) 
by adding section 402(g) of the FD&C Act (21 U.S.C. 342(g)). Section 
402(g)(2) of the FD&C Act provides, in part, that the Secretary of 
Health and Human Services may, by regulation, prescribe good 
manufacturing practices for dietary supplements. Section 402(g) of the 
FD&C Act also stipulates that such regulations will be modeled after 
CGMP regulations for food and may not impose standards for which there 
are no current, and generally available, analytical methodology. 
Section 402(g)(1) of the FD&C Act states that a dietary supplement is 
adulterated if ``it has been prepared, packed, or held under conditions 
that do not meet current good manufacturing practice regulations.'' 
Under section 701(a) of the FD&C Act (21 U.S.C. 371), FDA may issue 
regulations necessary for the efficient enforcement of the FD&C Act. In 
the Federal Register of June 25, 2007 (72 FR 34752), (the June 25, 
2007, final rule), FDA published a final rule that established, in part 
111 (21 CFR part 111), the minimum CGMP necessary for activities 
related to manufacturing, packaging, labeling, or holding dietary 
supplements to ensure the quality of the dietary supplement.
    Records are an indispensable component of CGMP. The records 
required by FDA's regulations in part 111 provide the foundation for 
the planning, control, and improvement processes that constitute a 
quality control system. Implementation of these processes in a 
manufacturing operation serves as the backbone to CGMP. The records 
show what is to be manufactured; what was, in fact, manufactured; and 
whether the controls that the manufacturer put in place to ensure the 
identity, purity, strength, and composition and limits on contaminants 
and to prevent adulteration were effective. Further, records will show 
whether and what deviations from control processes occurred, facilitate 
evaluation and corrective action concerning these deviations 
(including, where necessary, whether associated batches of product 
should be recalled from the marketplace), and enable a manufacturer to 
assure that the corrective action was effective. In

[[Page 66969]]

addition, by establishing recordkeeping requirements, FDA can ensure 
that industry follows CGMP during manufacturing, packaging, labeling, 
or holding operations. The regulations in part 111 establish the 
minimum manufacturing practices necessary to ensure that dietary 
supplements are manufactured, packaged, labeled, or held in a manner 
that will ensure the quality of the dietary supplements during 
manufacturing, packaging, labeling or holding operations.
    The recordkeeping requirements of the regulations include 
establishing written procedures and maintaining records pertaining to: 
(1) Personnel; (2) sanitation; (3) calibration of instruments and 
controls; (4) calibration, inspection, or checks of automated, 
mechanical, or electronic equipment; (5) maintaining, cleaning, and 
sanitizing equipment and utensils and other contact surfaces; (6) water 
used that may become a component of the dietary supplement; (7) 
production and process controls; (8) quality control; (9) components, 
packaging, labels and product received for packaging and labeling; (10) 
master manufacturing and batch production; (11) laboratory operations; 
(12) manufacturing operations; (13) packaging and labeling operations; 
(14) holding and distributing operations; (15) returned dietary 
supplements; and (16) product complaints.
    Description of Respondents: Manufacturers, dietary supplement 
manufacturers, packagers and repackagers, labelers and re-labelers, 
holders, distributors, warehousers, exporters, importers, large 
businesses, and small businesses engaged in the dietary supplement 
industry.
    The recordkeeping requirements of the regulations in part 111 are 
set forth in each subpart. In table 1 of this document, we list the 
annual burdens associated with recordkeeping, as described in the June 
25, 2007, final rule. For some provisions listed in table 1, we did not 
estimate the number of records per recordkeeper because recordkeeping 
occasions consist of frequent brief entries of dates, temperatures, 
monitoring results, or documentation that specific actions were taken. 
Information might be recorded a few times a day, week, or month. When 
the records burden involves frequent brief entries, we entered 1 as the 
default for the number of records per recordkeeper. For example, many 
of the records listed under Sec.  111.35 in table 1, such as Sec.  
111.35(b)(2) (documentation, in individual equipment logs, of the date 
of the use, maintenance, cleaning, and sanitizing of equipment), 
involve many short sporadic entries over the course of the year, 
varying across equipment and plants in the industry. We did not attempt 
to estimate the actual number of recordkeeping occasions for these 
provisions, but instead entered an estimate of the average number of 
hours per year. We entered the default value of 1 as the number of 
records per recordkeeper for these and similar provisions. For Sec.  
111.35, the entry for number of records is 1 as a default representing 
a large number of brief recordkeeping occasions.
    In many rows of table 1 of this document, we list a burden under a 
single provision that covers the written procedures or records 
described in several provisions. For example, the burden of the batch 
production records listed in table 1 under Sec.  111.260 includes the 
burden for records listed under Sec.  111.255 because the batch 
production records must include those records. The number of records 
for batch production records (and other records kept on a batch basis 
in table 1 of this document) equals the annual number of batches. The 
estimated burden for records kept by batch includes both records kept 
for every batch and records kept for some but not all batches. We use 
the annual number of batches as the number of records that will not 
necessarily be kept for every batch, such as test results or material 
review and disposition records, because such records are part of 
records, if they are necessary, that will be kept for every batch.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                 21 CFR Section                     Number of      records per    Total annual       Average burden per recordkeeping       Total hours
                                                  recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
111.14, Records of personnel practices,                  15,000               4          60,000  1......................................          60,000
 including documentation of training.
111.23, Records of physical plant sanitation             15,000               1          15,000  0.2 (12 minutes).......................           3,000
 practices, including pest control and water
 quality.
111.35, Records of equipment and utensils                   400               1             400  12.5...................................           5,000
 calibration and sanitation practices.
111.95, Records of production and process                   250               1             250  45.....................................          11,250
 control systems.
111.140, Records that quality control personnel             240           1,163         279,120  1......................................         279,120
 must make and keep.
111.180, Records associated with components,                240           1,163         279,120  1......................................         279,120
 packaging, labels, and product received for
 packaging and labeling as a dietary supplement.
111.210, Requirements for what the master                   240               1             240  2.5....................................             600
 manufacturing record must include.
111.260, Requirements for what the batch record             145           1,408         204,160  1......................................         204,160
 must include.
111.325, Records that quality control personnel             120               1             120  15.....................................           1,800
 must make and keep for laboratory operations.
111.375, Records of the written procedures                  260               1             260  2......................................             520
 established for manufacturing operations.
111.430, Records of the written procedures for               50               1              50  12.6...................................             630
 packaging and labeling operations.
111.475, Records of product distribution and             15,000               1          15,000  0.4 (24 minutes).......................           6,000
 procedures for holding and distributing
 operations.
111.535, Records for returned dietary                       110               4             440  13.5...................................           5,940
 supplements.

[[Page 66970]]

 
111.570, Records regarding product complaints..             240             600         144,000  0.5 (30 minutes).......................          72,000
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................         929,140
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The average burden per recordkeeping estimates in Table 1 of this 
document are based on those in the June 25, 2007, final rule, which 
were based on our institutional experience with other CGMP requirements 
and on data provided by Research Triangle Institute in the ``Survey of 
Manufacturing Practices in the Dietary Supplement Industry'' cited in 
that rule.
    The estimates in table 1 of the number of firms affected by each 
provision of part 111 are based on the percentage of manufacturers, 
packagers, labelers, holders, distributors, and warehousers that 
reported in the survey that they have not established written SOPs or 
do not maintain records that were later required by the June 25, 2007, 
final rule. Because we do not have survey results for general 
warehouses, we entered the approximate number of facilities in that 
category for those provisions covering general facilities. For the 
dietary supplement industry, the survey estimated that 1,460 firms 
would be covered by the final rule, including manufacturers, packagers, 
labelers, holders, distributors, and warehousers. The time estimates 
include the burden involved in documenting that certain requirements 
are performed and in recordkeeping. We used an estimated annual batch 
production of 1,408 batches per year to estimate the burden of 
requirements that are related to the number of batches produced 
annually, such as Sec.  111.260, ``What must the batch production 
record include?'' The estimate of 1,408 batches per year is near the 
midpoint of the number of annual batches reported by survey firms.
    The length of time that CGMP records must be maintained is set 
forth in Sec.  111.605. Table 1 of this document reflects the estimated 
burdens for written procedures, record maintenance, periodically 
reviewing records to determine if they may be discarded, and for any 
associated documentation for that activity for records that are 
required under part 111. We have not included a separate estimate of 
burden for those sections that require maintaining records in 
accordance with Sec.  111.605, but have included those burdens under 
specific provisions for keeping records. For example, Sec.  111.255(a) 
requires that the batch production records be prepared every time a 
batch is manufactured, and Sec.  111.255(d) requires that batch 
production records be kept in accordance with Sec.  111.605. The 
estimated burdens for both Sec.  111.255(a) and (d) are included under 
Sec.  111.260, what the batch record must include.

    Dated: September 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-23521 Filed 9-28-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                          66967

                                                  DEPARTMENT OF HEALTH AND                                site at: http://www.acl.gov/Programs/                 DEPARTMENT OF HEALTH AND
                                                  HUMAN SERVICES                                          AIDD/Program_Resource_Search/                         HUMAN SERVICES
                                                                                                          Results_UCEDD.aspx. AIDD estimates
                                                  Administration for Community Living                     the burden of this collection of                      Food and Drug Administration
                                                                                                          information as 1,412 average burden                   [Docket No. FDA–2013–N–1619]
                                                  Agency Information Collection                           hours per responses, for 67 UCEDDs,—
                                                  Activities; Proposed Collection;                        Total burden is 94,604 hours per year.                Agency Information Collection
                                                  Comment Request; University Centers                                                                           Activities; Proposed Collection;
                                                                                                            Dated: September 22, 2016.
                                                  for Excellence in Developmental                                                                               Comment Request; Current Good
                                                  Disabilities Education, Research, and                   Edwin L. Walker,
                                                                                                          Acting Administrator.                                 Manufacturing Practice in
                                                  Service—Annual Report                                                                                         Manufacturing, Packaging, Labeling, or
                                                                                                          [FR Doc. 2016–23488 Filed 9–28–16; 8:45 am]
                                                  AGENCY:  The Administration on                                                                                Holding Operations for Dietary
                                                                                                          BILLING CODE 4154–01–P
                                                  Intellectual and Developmental                                                                                Supplements
                                                  Disabilities (AIDD), Administration for                                                                       AGENCY:    Food and Drug Administration,
                                                  Community Living (ACL), HHS.                            DEPARTMENT OF HEALTH AND                              HHS.
                                                  ACTION: Notice.                                         HUMAN SERVICES                                        ACTION:   Notice.
                                                  SUMMARY:   The Administration on                        Food and Drug Administration                          SUMMARY:   The Food and Drug
                                                  Intellectual and Developmental                          [Docket No. FDA–2013–D–1143]                          Administration (FDA or we) is
                                                  Disabilities (AIDD), now part of the                                                                          announcing an opportunity for public
                                                  Administration for Community Living,                    Use of Nucleic Acid Tests To Reduce                   comment on the proposed collection of
                                                  is announcing that the proposed                         the Risk of Transmission of West Nile                 certain information by the Agency.
                                                  collection of information listed below                  Virus From Living Donors of Human                     Under the Paperwork Reduction Act of
                                                  has been submitted to the Office of                     Cells, Tissues, and Cellular and                      1995 (the PRA), Federal Agencies are
                                                  Management and Budget (OMB) for                         Tissue-Based Products; Guidance for                   required to publish notice in the
                                                  review and clearance under the                          Industry; Correction                                  Federal Register concerning each
                                                  Paperwork Reduction Act of 1995.                                                                              proposed collection of information,
                                                                                                          AGENCY:    Food and Drug Administration,
                                                  DATES: Submit written comments on the                                                                         including each proposed extension of an
                                                                                                          HHS.
                                                  collection of information by October 31,                                                                      existing collection of information, and
                                                                                                          ACTION: Notice of availability;                       to allow 60 days for public comment in
                                                  2016.
                                                                                                          correction.                                           response to the notice. This notice
                                                  ADDRESSES: OIRA_submission@
                                                  omb.eop.gov or by fax to 202.395.5806.                  SUMMARY:   The Food and Drug                          invites comments on the information
                                                  Attn: OMB Desk Officer for ACL, Office                  Administration (FDA or Agency) is                     collection provisions of FDA’s
                                                  of Information and Regulatory Affairs,                  correcting a notice that appeared in the              regulations regarding current good
                                                  OMB.                                                    Federal Register of Tuesday, September                manufacturing practice (CGMP) for
                                                                                                          13, 2016 (81 FR 62910). The document                  dietary supplements.
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          announced the availability of a guidance              DATES: Submit either electronic or
                                                  Ophelia McLain at 202–795–7401                                                                                written comments on the collection of
                                                                                                          for industry entitled ‘‘Use of Nucleic
                                                  orophelia.mclain@acl.hhs.gov.                                                                                 information by November 28, 2016.
                                                                                                          Acid Tests to Reduce the Risk of
                                                  SUPPLEMENTARY INFORMATION: In                           Transmission of West Nile Virus from                  ADDRESSES: You may submit comments
                                                  compliance with 44 U.S.C. 3507, the                     Living Donors of Human Cells, Tissues,                as follows:
                                                  Administration on Intellectual and                      and Cellular and Tissue-Based Products
                                                  Developmental Disabilities (now part of                 (HCT/Ps). The document was published                  Electronic Submissions
                                                  the Administration for Community                        with incorrect information of a                         Submit electronic comments in the
                                                  Living) has submitted the following                     comment period due date. This                         following way:
                                                  proposed collection of information to                   document corrects that error.                           • Federal eRulemaking Portal: http://
                                                  OMB for review and clearance.                           FOR FURTHER INFORMATION CONTACT:                      www.regulations.gov. Follow the
                                                    Section 104 (42 U.S.C. 15004) of the                  Jonathan McKnight, Center for Biologics               instructions for submitting comments.
                                                  Developmental Disabilities Assistance                   Evaluation and Research, Food and                     Comments submitted electronically,
                                                  and Bill of Rights Act of 2000 (DD Act                  Drug Administration, 10903 New                        including attachments, to http://
                                                  of 2000) directs the Secretary of Health                Hampshire Ave., Bldg. 71, Rm. 7301,                   www.regulations.gov will be posted to
                                                  and Human Services to develop and                       Silver Spring, MD 20993–0002, 240–                    the docket unchanged. Because your
                                                  implement a system of program                           402–7911.                                             comment will be made public, you are
                                                  accountability to monitor the grantees                                                                        solely responsible for ensuring that your
                                                                                                          SUPPLEMENTARY INFORMATION: In the
                                                  funded under the DD Act of 2000. The                                                                          comment does not include any
                                                                                                          Federal Register of September 13, 2016,
                                                  program accountability system shall                                                                           confidential information that you or a
                                                                                                          in FR Doc. 2016–21969, on page 62910,
                                                  include the National Network of                                                                               third party may not wish to be posted,
                                                                                                          the following correction is made:
                                                  University Centers for Excellence in                       On page 62910, in the first column                 such as medical information, your or
                                                  Developmental Disabilities Education,                   under the DATES: caption, the sentence                anyone else’s Social Security number, or
                                                  Research, and Service (UCEDDs)                          is corrected to read, ‘‘Submit either                 confidential business information, such
                                                  authorized under Part D of the DD Act                                                                         as a manufacturing process. Please note
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          electronic or written comments on
                                                  of 2000. In addition to the                             Agency guidances at any time.’’                       that if you include your name, contact
                                                  accountability system, Section 154 (e)                                                                        information, or other information that
                                                  (42 U.S.C. 15064) of the DD Act of 2000                   Dated: September 23, 2016.
                                                                                                                                                                identifies you in the body of your
                                                  includes requirements for a UCEDD                       Leslie Kux,                                           comments, that information will be
                                                  Annual Report.                                          Associate Commissioner for Policy.                    posted on http://www.regulations.gov.
                                                    The proposed data collection tools                    [FR Doc. 2016–23514 Filed 9–28–16; 8:45 am]             • If you want to submit a comment
                                                  may be found on the ACL/AIDD Web                        BILLING CODE 4164–01–P                                with confidential information that you


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                                                  66968                    Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

                                                  do not wish to be made available to the                 information about FDA’s posting of                    Current Good Manufacturing Practice
                                                  public, submit the comment as a                         comments to public dockets, see 80 FR                 in Manufacturing, Packaging, Labeling,
                                                  written/paper submission and in the                     56469, September 18, 2015, or access                  or Holding Operations for Dietary
                                                  manner detailed (see ‘‘Written/Paper                    the information at: http://www.fda.gov/               Supplements—21 CFR Part 111; OMB
                                                  Submissions’’ and ‘‘Instructions’’).                    regulatoryinformation/dockets/                        Control Number 0910–0606—Extension
                                                  Written/Paper Submissions                               default.htm.                                             On October 25, 1994, the Dietary
                                                                                                             Docket: For access to the docket to                Supplement Health and Education Act
                                                     Submit written/paper submissions as                  read background documents or the                      (DSHEA) (Pub. L. 103–417) was signed
                                                  follows:                                                electronic and written/paper comments
                                                     • Mail/Hand delivery/Courier (for                                                                          into law. DSHEA, among other things,
                                                                                                          received, go to http://                               amended the Federal Food, Drug, and
                                                  written/paper submissions): Division of
                                                                                                          www.regulations.gov and insert the                    Cosmetic Act (the FD&C Act) by adding
                                                  Dockets Management (HFA–305), Food
                                                  and Drug Administration, 5630 Fishers                   docket number, found in brackets in the               section 402(g) of the FD&C Act (21
                                                  Lane, Rm. 1061, Rockville, MD 20852.                    heading of this document, into the                    U.S.C. 342(g)). Section 402(g)(2) of the
                                                     • For written/paper comments                         ‘‘Search’’ box and follow the prompts                 FD&C Act provides, in part, that the
                                                  submitted to the Division of Dockets                    and/or go to the Division of Dockets                  Secretary of Health and Human Services
                                                  Management, FDA will post your                          Management, 5630 Fishers Lane, Rm.                    may, by regulation, prescribe good
                                                  comment, as well as any attachments,                    1061, Rockville, MD 20852.                            manufacturing practices for dietary
                                                  except for information submitted,                       FOR FURTHER INFORMATION CONTACT:    FDA               supplements. Section 402(g) of the
                                                  marked and identified, as confidential,                 PRA Staff, Office of Operations, Food                 FD&C Act also stipulates that such
                                                  if submitted as detailed in                             and Drug Administration, Three White                  regulations will be modeled after CGMP
                                                  ‘‘Instructions.’’                                       Flint North, 10A63, 11601 Landsdown                   regulations for food and may not impose
                                                     Instructions: All submissions received               St., North Bethesda, MD 20852,                        standards for which there are no
                                                  must include the Docket No. FDA–                        PRAStaff@fda.hhs.gov.                                 current, and generally available,
                                                  2013–N–1619 for ‘‘Agency Information                                                                          analytical methodology. Section
                                                  Collection Activities; Proposed                         SUPPLEMENTARY INFORMATION:       Under the            402(g)(1) of the FD&C Act states that a
                                                  Collection; Comment Request; Current                    PRA (44 U.S.C. 3501–3520), Federal                    dietary supplement is adulterated if ‘‘it
                                                  Good Manufacturing Practice in                          Agencies must obtain approval from the                has been prepared, packed, or held
                                                  Manufacturing, Packaging, Labeling, or                  Office of Management and Budget                       under conditions that do not meet
                                                  Holding Operations for Dietary                          (OMB) for each collection of                          current good manufacturing practice
                                                  Supplements.’’ Received comments will                   information they conduct or sponsor.                  regulations.’’ Under section 701(a) of the
                                                  be placed in the docket and, except for                 ‘‘Collection of information’’ is defined              FD&C Act (21 U.S.C. 371), FDA may
                                                  those submitted as ‘‘Confidential                       in 44 U.S.C. 3502(3) and 5 CFR                        issue regulations necessary for the
                                                  Submissions,’’ publicly viewable at                     1320.3(c) and includes Agency requests                efficient enforcement of the FD&C Act.
                                                  http://www.regulations.gov or at the                    or requirements that members of the                   In the Federal Register of June 25, 2007
                                                  Division of Dockets Management                          public submit reports, keep records, or               (72 FR 34752), (the June 25, 2007, final
                                                  between 9 a.m. and 4 p.m., Monday                       provide information to a third party.                 rule), FDA published a final rule that
                                                  through Friday.                                         Section 3506(c)(2)(A) of the PRA (44                  established, in part 111 (21 CFR part
                                                     • Confidential Submissions—To                        U.S.C. 3506(c)(2)(A)) requires Federal                111), the minimum CGMP necessary for
                                                  submit a comment with confidential                      Agencies to provide a 60-day notice in                activities related to manufacturing,
                                                  information that you do not wish to be                  the Federal Register concerning each                  packaging, labeling, or holding dietary
                                                  made publicly available, submit your                    proposed collection of information,                   supplements to ensure the quality of the
                                                  comments only as a written/paper                        including each proposed extension of an               dietary supplement.
                                                  submission. You should submit two                       existing collection of information,                      Records are an indispensable
                                                  copies total. One copy will include the                 before submitting the collection to OMB               component of CGMP. The records
                                                  information you claim to be confidential                for approval. To comply with this                     required by FDA’s regulations in part
                                                  with a heading or cover note that states                requirement, FDA is publishing notice                 111 provide the foundation for the
                                                  ‘‘THIS DOCUMENT CONTAINS                                of the proposed collection of                         planning, control, and improvement
                                                  CONFIDENTIAL INFORMATION.’’ The                         information set forth in this document.               processes that constitute a quality
                                                  Agency will review this copy, including                    With respect to the following                      control system. Implementation of these
                                                  the claimed confidential information, in                collection of information, FDA invites                processes in a manufacturing operation
                                                  its consideration of comments. The                      comments on these topics: (1) Whether                 serves as the backbone to CGMP. The
                                                  second copy, which will have the                        the proposed collection of information                records show what is to be
                                                  claimed confidential information                        is necessary for the proper performance               manufactured; what was, in fact,
                                                  redacted/blacked out, will be available                 of FDA’s functions, including whether                 manufactured; and whether the controls
                                                  for public viewing and posted on http://                the information will have practical                   that the manufacturer put in place to
                                                  www.regulations.gov. Submit both                        utility; (2) the accuracy of FDA’s                    ensure the identity, purity, strength, and
                                                  copies to the Division of Dockets                       estimate of the burden of the proposed                composition and limits on contaminants
                                                  Management. If you do not wish your                     collection of information, including the              and to prevent adulteration were
                                                  name and contact information to be                      validity of the methodology and                       effective. Further, records will show
                                                  made publicly available, you can                        assumptions used; (3) ways to enhance                 whether and what deviations from
                                                  provide this information on the cover                   the quality, utility, and clarity of the              control processes occurred, facilitate
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                                                  sheet and not in the body of your                       information to be collected; and (4)                  evaluation and corrective action
                                                  comments and you must identify this                     ways to minimize the burden of the                    concerning these deviations (including,
                                                  information as ‘‘confidential.’’ Any                    collection of information on                          where necessary, whether associated
                                                  information marked as ‘‘confidential’’                  respondents, including through the use                batches of product should be recalled
                                                  will not be disclosed except in                         of automated collection techniques,                   from the marketplace), and enable a
                                                  accordance with 21 CFR 10.20 and other                  when appropriate, and other forms of                  manufacturer to assure that the
                                                  applicable disclosure law. For more                     information technology.                               corrective action was effective. In


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                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                                         66969

                                                  addition, by establishing recordkeeping                 manufacturers, packagers and                           estimate of the average number of hours
                                                  requirements, FDA can ensure that                       repackagers, labelers and re-labelers,                 per year. We entered the default value
                                                  industry follows CGMP during                            holders, distributors, warehousers,                    of 1 as the number of records per
                                                  manufacturing, packaging, labeling, or                  exporters, importers, large businesses,                recordkeeper for these and similar
                                                  holding operations. The regulations in                  and small businesses engaged in the                    provisions. For § 111.35, the entry for
                                                  part 111 establish the minimum                          dietary supplement industry.                           number of records is 1 as a default
                                                  manufacturing practices necessary to                       The recordkeeping requirements of                   representing a large number of brief
                                                  ensure that dietary supplements are                     the regulations in part 111 are set forth              recordkeeping occasions.
                                                  manufactured, packaged, labeled, or
                                                                                                          in each subpart. In table 1 of this                       In many rows of table 1 of this
                                                  held in a manner that will ensure the
                                                                                                          document, we list the annual burdens                   document, we list a burden under a
                                                  quality of the dietary supplements
                                                                                                          associated with recordkeeping, as                      single provision that covers the written
                                                  during manufacturing, packaging,
                                                                                                          described in the June 25, 2007, final                  procedures or records described in
                                                  labeling or holding operations.
                                                    The recordkeeping requirements of                     rule. For some provisions listed in table              several provisions. For example, the
                                                  the regulations include establishing                    1, we did not estimate the number of                   burden of the batch production records
                                                  written procedures and maintaining                      records per recordkeeper because                       listed in table 1 under § 111.260
                                                  records pertaining to: (1) Personnel; (2)               recordkeeping occasions consist of                     includes the burden for records listed
                                                  sanitation; (3) calibration of instruments              frequent brief entries of dates,                       under § 111.255 because the batch
                                                  and controls; (4) calibration, inspection,              temperatures, monitoring results, or                   production records must include those
                                                  or checks of automated, mechanical, or                  documentation that specific actions                    records. The number of records for
                                                  electronic equipment; (5) maintaining,                  were taken. Information might be                       batch production records (and other
                                                  cleaning, and sanitizing equipment and                  recorded a few times a day, week, or                   records kept on a batch basis in table 1
                                                  utensils and other contact surfaces; (6)                month. When the records burden                         of this document) equals the annual
                                                  water used that may become a                            involves frequent brief entries, we                    number of batches. The estimated
                                                  component of the dietary supplement;                    entered 1 as the default for the number                burden for records kept by batch
                                                  (7) production and process controls; (8)                of records per recordkeeper. For
                                                                                                                                                                 includes both records kept for every
                                                  quality control; (9) components,                        example, many of the records listed
                                                                                                                                                                 batch and records kept for some but not
                                                  packaging, labels and product received                  under § 111.35 in table 1, such as
                                                                                                                                                                 all batches. We use the annual number
                                                  for packaging and labeling; (10) master                 § 111.35(b)(2) (documentation, in
                                                                                                                                                                 of batches as the number of records that
                                                  manufacturing and batch production;                     individual equipment logs, of the date
                                                                                                                                                                 will not necessarily be kept for every
                                                  (11) laboratory operations; (12)                        of the use, maintenance, cleaning, and
                                                                                                          sanitizing of equipment), involve many                 batch, such as test results or material
                                                  manufacturing operations; (13)
                                                                                                          short sporadic entries over the course of              review and disposition records, because
                                                  packaging and labeling operations; (14)
                                                                                                          the year, varying across equipment and                 such records are part of records, if they
                                                  holding and distributing operations; (15)
                                                                                                          plants in the industry. We did not                     are necessary, that will be kept for every
                                                  returned dietary supplements; and (16)
                                                  product complaints.                                     attempt to estimate the actual number of               batch.
                                                    Description of Respondents:                           recordkeeping occasions for these                         FDA estimates the burden of this
                                                  Manufacturers, dietary supplement                       provisions, but instead entered an                     collection of information as follows:

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

                                                  111.14, Records of personnel practices, including docu-                     15,000                     4          60,000      1 .......................         60,000
                                                    mentation of training.
                                                  111.23, Records of physical plant sanitation practices,                     15,000                     1          15,000      0.2 (12 minutes)                   3,000
                                                    including pest control and water quality.
                                                  111.35, Records of equipment and utensils calibration                           400                    1                400   12.5 ..................            5,000
                                                    and sanitation practices.
                                                  111.95, Records of production and process control sys-                          250                    1                250   45 .....................          11,250
                                                    tems.
                                                  111.140, Records that quality control personnel must                            240                1,163         279,120      1 .......................       279,120
                                                    make and keep.
                                                  111.180, Records associated with components, pack-                              240                1,163         279,120      1 .......................       279,120
                                                    aging, labels, and product received for packaging and
                                                    labeling as a dietary supplement.
                                                  111.210, Requirements for what the master manufac-                              240                    1                240   2.5 ....................             600
                                                    turing record must include.
                                                  111.260, Requirements for what the batch record must                            145                1,408         204,160      1 .......................       204,160
                                                    include.
                                                  111.325, Records that quality control personnel must                            120                    1                120   15 .....................           1,800
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                                                    make and keep for laboratory operations.
                                                  111.375, Records of the written procedures established                          260                    1                260   2 .......................            520
                                                    for manufacturing operations.
                                                  111.430, Records of the written procedures for pack-                             50                    1                 50   12.6 ..................              630
                                                    aging and labeling operations.
                                                  111.475, Records of product distribution and procedures                     15,000                     1          15,000      0.4 (24 minutes)                   6,000
                                                    for holding and distributing operations.
                                                  111.535, Records for returned dietary supplements ........                      110                    4                440   13.5 ..................            5,940



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                                                  66970                            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

                                                                                              TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
                                                                                                                                                                           Number of                                               Average
                                                                                                                                              Number of                                             Total annual
                                                                               21 CFR Section                                                                             records per                                             burden per                Total hours
                                                                                                                                            recordkeepers                                             records
                                                                                                                                                                         recordkeeper                                           recordkeeping

                                                  111.570, Records regarding product complaints ..............                                               240                          600                 144,000         0.5 (30 minutes)                    72,000

                                                       Total ...........................................................................   ........................     ........................   ........................   ...........................       929,140
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                     The average burden per recordkeeping                                   specific provisions for keeping records.                                      section, ‘‘October 19, 2016’’ is corrected
                                                  estimates in Table 1 of this document                                     For example, § 111.255(a) requires that                                       to read ‘‘October 28, 2016.’’
                                                  are based on those in the June 25, 2007,                                  the batch production records be                                                  2. On page 64175, in the third
                                                  final rule, which were based on our                                       prepared every time a batch is                                                column, the section ‘‘Transcripts: As
                                                  institutional experience with other                                       manufactured, and § 111.255(d) requires                                       soon as a transcript is available, FDA
                                                  CGMP requirements and on data                                             that batch production records be kept in                                      will post it at http://www.fda.gov/
                                                  provided by Research Triangle Institute                                   accordance with § 111.605. The                                                ForIndustry/UserFees/BiosimilarUser
                                                  in the ‘‘Survey of Manufacturing                                          estimated burdens for both § 111.255(a)                                       FeeActBsUFA/ucm461774.htm.’’ is
                                                  Practices in the Dietary Supplement                                       and (d) are included under § 111.260,                                         corrected to read ‘‘Transcripts: Please be
                                                  Industry’’ cited in that rule.                                            what the batch record must include.                                           advised that as soon as a transcript is
                                                     The estimates in table 1 of the number                                   Dated: September 23, 2016.                                                  available, it will be accessible at http://
                                                  of firms affected by each provision of                                    Leslie Kux,
                                                                                                                                                                                                          www.regulations.gov and http://
                                                  part 111 are based on the percentage of                                                                                                                 www.fda.gov/ForIndustry/UserFees/
                                                                                                                            Associate Commissioner for Policy.
                                                  manufacturers, packagers, labelers,                                                                                                                     BiosimilarUserFeeActBsUFA/
                                                                                                                            [FR Doc. 2016–23521 Filed 9–28–16; 8:45 am]                                   ucm461774.htm. It may be viewed at the
                                                  holders, distributors, and warehousers
                                                                                                                            BILLING CODE 4164–01–P                                                        Division of Dockets Management, Food
                                                  that reported in the survey that they
                                                  have not established written SOPs or do                                                                                                                 and Drug Administration, 5630 Fishers
                                                  not maintain records that were later                                                                                                                    Lane, Rm. 1061, Rockville, MD. A
                                                                                                                            DEPARTMENT OF HEALTH AND                                                      transcript will also be available in either
                                                  required by the June 25, 2007, final rule.                                HUMAN SERVICES
                                                  Because we do not have survey results                                                                                                                   hardcopy or on CD–ROM, after
                                                  for general warehouses, we entered the                                    Food and Drug Administration                                                  submission of a Freedom of Information
                                                  approximate number of facilities in that                                                                                                                request. The Freedom of Information
                                                                                                                            [Docket No. FDA–2015–N–3326]                                                  office address is available on the
                                                  category for those provisions covering
                                                  general facilities. For the dietary                                                                                                                     Agency’s Web site at http://
                                                                                                                            Biosimilar User Fee Act; Public                                               www.fda.gov.’’
                                                  supplement industry, the survey                                           Meeting; Correction
                                                  estimated that 1,460 firms would be                                                                                                                       Dated: September 23, 2016.
                                                  covered by the final rule, including                                      AGENCY:        Food and Drug Administration,                                  Leslie Kux,
                                                  manufacturers, packagers, labelers,                                       HHS.                                                                          Associate Commissioner for Policy.
                                                  holders, distributors, and warehousers.                                   ACTION:        Notice; correction.                                            [FR Doc. 2016–23523 Filed 9–28–16; 8:45 am]
                                                  The time estimates include the burden                                                                                                                   BILLING CODE 4164–01–P
                                                  involved in documenting that certain                                      SUMMARY:    The Food and Drug
                                                  requirements are performed and in                                         Administration is correcting a notice
                                                  recordkeeping. We used an estimated                                       entitled ‘‘Biosimilar User Fee Act;
                                                                                                                            Public Meeting’’ that appeared in the                                         DEPARTMENT OF HEALTH AND
                                                  annual batch production of 1,408                                                                                                                        HUMAN SERVICES
                                                  batches per year to estimate the burden                                   Federal Register of September 19, 2016
                                                  of requirements that are related to the                                   (81 FR 64171). The document                                                   Health Resources And Services
                                                  number of batches produced annually,                                      announced a public meeting to discuss                                         Administration
                                                  such as § 111.260, ‘‘What must the batch                                  proposed recommendations for the
                                                  production record include?’’ The                                          reauthorization of the Biosimilar User                                        National Vaccine Injury Compensation
                                                  estimate of 1,408 batches per year is                                     Fee Act (BsUFA) for fiscal years (FYs)                                        Program; List of Petitions Received
                                                  near the midpoint of the number of                                        2018 through 2022. The document was
                                                                                                                            published with the incorrect date of the                                      AGENCY: Health Resources and Services
                                                  annual batches reported by survey                                                                                                                       Administration (HRSA), Department of
                                                  firms.                                                                    closure of the docket and incorrect
                                                                                                                            transcript information. This document                                         Health and Human Services (HHS).
                                                     The length of time that CGMP records                                                                                                                 ACTION: Notice.
                                                  must be maintained is set forth in                                        corrects those errors.
                                                  § 111.605. Table 1 of this document                                       FOR FURTHER INFORMATION CONTACT: Lisa                                         SUMMARY:   HRSA is publishing this
                                                  reflects the estimated burdens for                                        Granger, Food and Drug Administration,                                        notice of petitions received under the
                                                  written procedures, record maintenance,                                   10903 New Hampshire Ave., Bldg. 32,                                           National Vaccine Injury Compensation
                                                  periodically reviewing records to                                         Rm. 3330, Silver Spring, MD 20993–                                            Program (the Program), as required by
                                                  determine if they may be discarded, and                                   0002, 301–796–9115, lisa.granger@                                             Section 2112(b)(2) of the Public Health
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                                                  for any associated documentation for                                      fda.hhs.gov.                                                                  Service (PHS) Act, as amended. While
                                                  that activity for records that are required                               SUPPLEMENTARY INFORMATION: In the                                             the Secretary of HHS (the Secretary) is
                                                  under part 111. We have not included                                      Federal Register of Monday, September                                         named as the respondent in all
                                                  a separate estimate of burden for those                                   19, 2016, in FR Doc. 2016–22442, the                                          proceedings brought by the filing of
                                                  sections that require maintaining                                         following corrections are made:                                               petitions for compensation under the
                                                  records in accordance with § 111.605,                                        1. On page 64172, in the first column,                                     Program, the United States Court of
                                                  but have included those burdens under                                     in the third sentence of the DATES                                            Federal Claims is charged by statute


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Document Created: 2016-09-29 04:14:25
Document Modified: 2016-09-29 04:14:25
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 November 28, 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 66967 

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