81_FR_68626 81 FR 68434 - Dietary Supplements: New Dietary Ingredient Notifications and Related Issues; Revised Draft Guidance for Industry; Extension of Comment Period

81 FR 68434 - Dietary Supplements: New Dietary Ingredient Notifications and Related Issues; Revised Draft Guidance for Industry; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 192 (October 4, 2016)

Page Range68434-68435
FR Document2016-23931

The Food and Drug Administration (FDA or we) is extending the comment period for the revised draft guidance for industry entitled ``Dietary Supplements: New Dietary Ingredient Notifications and Related Issues,'' that appeared in the Federal Register of August 12, 2016. We are taking this action in response to requests to extend the comment period to allow interested persons additional time to submit comments.

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68434-68435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23931]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0376]


Dietary Supplements: New Dietary Ingredient Notifications and 
Related Issues; Revised Draft Guidance for Industry; Extension of 
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the 
comment period for the revised draft guidance for industry entitled 
``Dietary Supplements: New Dietary Ingredient Notifications and Related 
Issues,'' that appeared in the Federal Register of August 12, 2016. We 
are taking this action in response to requests to extend the comment 
period to allow interested persons additional time to submit comments.

DATES: We are extending the comment period on the draft guidance 
published August 12, 2016 (81 FR 53486). Submit either electronic or 
written comments by December 12, 2016.

ADDRESSES: You may submit comments as follows:

[[Page 68435]]

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-2011-D-0376 for ``Dietary Supplements: New Dietary Ingredient 
Notifications and Related Issues; Revised Draft Guidance for 
Industry.'' 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: Cara Welch, Office of Dietary 
Supplement Programs, Center for Food Safety and Applied Nutrition (HFS-
810), Food and Drug Administration, 5001 Campus Dr., College Park, MD 
20740, 240-402-2333.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 12, 2016, 
we published a notice announcing the availability of a revised draft 
guidance for industry entitled ``Dietary Supplements: New Dietary 
Ingredient Notifications and Related Issues.'' The revised draft 
guidance, when finalized, will help industry in evaluating whether to 
submit a premarket safety notification for a new dietary ingredient 
(NDI), or for a dietary supplement containing an NDI, and in preparing 
such premarket safety notifications (also referred to as NDI 
notifications). section III of the notice (81 FR 53486 at 53489), 
``Other Issues for Consideration,'' listed specific issues to be 
addressed.
    The notice provided a 60-day period for the submission of comments 
pertaining to the revised draft guidance, including in particular (but 
not limited to) section III. Comments on these issues, the revised 
draft guidance, and the relevant portions of the 2011 draft guidance, 
will contribute to our final guidance on new dietary ingredient 
notifications and related issues. The comment period was scheduled to 
end on October 11, 2016.
    We received requests for 30- and 90-day extensions of the comment 
period. In general, the requests conveyed concern that the current 60-
day comment period does not allow sufficient time for interested 
parties to develop a meaningful or thoughtful response to the draft 
guidance. Some requests mentioned that the requests for comment may 
necessitate indepth research and/or require supporting data to provide 
meaningful responses.
    We considered the requests and are extending the comment period for 
the draft guidance for 60 days until December 12, 2016. We believe that 
this extension allows adequate time for interested persons to submit 
comments without significantly delaying finalizing the guidance.

    Dated: September 28, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-23931 Filed 10-3-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  68434                                  Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                    Notice of this meeting is given under                            DATES:  Fax written comments on the                   requirement for a paper copy. These
                                                  the Federal Advisory Committee Act (5                              collection of information by November                 types of documents are listed in public
                                                  U.S.C. app. 2).                                                    3, 2016.                                              docket 97S–0251 as required by 21 CFR
                                                    Dated: September 28, 2016.                                       ADDRESSES: To ensure that comments on                 11.2. Our ability to receive and process
                                                  Janice M. Soreth,                                                  the information collection are received,              information submitted electronically is
                                                  Acting Associate Commissioner, Special                             OMB recommends that written                           limited by our current information
                                                  Medical Programs.                                                  comments be faxed to the Office of                    technology capabilities and the
                                                  [FR Doc. 2016–23895 Filed 10–3–16; 8:45 am]                        Information and Regulatory Affairs,                   requirements of the Electronic Records;
                                                  BILLING CODE 4164–01–P
                                                                                                                     OMB, Attn: FDA Desk Officer, FAX:                     Electronic Signatures final regulation.
                                                                                                                     202–395–7285, or emailed to oira_                     Our guidance entitled ‘‘Guidance for
                                                                                                                     submission@omb.eop.gov. All                           Industry #108: How to Submit
                                                  DEPARTMENT OF HEALTH AND                                           comments should be identified with the                Information in Electronic Format to
                                                  HUMAN SERVICES                                                     OMB control number 0910–0454. Also                    CVM Using the FDA Electronic
                                                                                                                     include the FDA docket number found                   Submission Gateway’’ outlines general
                                                  Food and Drug Administration                                       in brackets in the heading of this                    standards to be used for the submission
                                                  [Docket No. FDA–2013–N–0519]                                       document.
                                                                                                                                                                           of any electronic information to CVM
                                                                                                                     FOR FURTHER INFORMATION CONTACT: FDA                  using the FDA Electronic Submission
                                                  Agency Information Collection                                      PRA Staff, Office of Operations, Food                 Gateway (ESG). The likely respondents
                                                  Activities; Submission for Office of                               and Drug Administration, Three White                  are sponsors for new animal drug
                                                  Management and Budget Review;                                      Flint North, 10A63, 11601 Landsdown                   applications.
                                                  Comment Request; Guidance for                                      St., North Bethesda, MD 20852,
                                                  Industry on How To Submit                                          PRAStaff@fda.hhs.gov.                                   In the Federal Register of April 8,
                                                  Information in Electronic Format to the                                                                                  2016 (81 FR 20647), FDA published a
                                                                                                                     SUPPLEMENTARY INFORMATION: In
                                                  Center for Veterinary Medicine Using                                                                                     60-day notice requesting public
                                                                                                                     compliance with 44 U.S.C. 3507, FDA
                                                  the Food and Drug Administration                                   has submitted the following proposed                  comment on the proposed collection of
                                                  Electronic Submission Gateway                                      collection of information to OMB for                  information. FDA received one
                                                  AGENCY:        Food and Drug Administration,                       review and clearance.                                 comment; however, it did not pertain to
                                                  HHS.                                                                                                                     the information collection.
                                                                                                                     Guidance for Industry on How to
                                                  ACTION:      Notice.                                                                                                       FDA estimates the burden of this
                                                                                                                     Submit Information in Electronic
                                                                                                                     Format to the Center for Veterinary                   collection of information as follows:
                                                  SUMMARY:   The Food and Drug
                                                  Administration (FDA) is announcing                                 Medicine Using the Food and Drug
                                                  that a proposed collection of                                      Administration Electronic Submission
                                                  information has been submitted to the                              Gateway—21 CFR 11.2 OMB Control
                                                  Office of Management and Budget                                    Number 0910–0454—Extension
                                                  (OMB) for review and clearance under                                 We accept certain types of
                                                  the Paperwork Reduction Act of 1995.                               submissions electronically with no

                                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                     Number of                                  Average
                                                                                                                                 Number of                            Total annual
                                                                  21 CFR Section                              FDA Form No.                         responses per                              burden per               Total hours
                                                                                                                                respondents                            responses
                                                                                                                                                     respondent                                response

                                                  11.2 ....................................................           3538                   29                 1.3                 38   .08 .......................            3.0
                                                                                                                                                                                         (5 minutes) ..........
                                                     1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    We base our estimates on our                                     DEPARTMENT OF HEALTH AND                              revised draft guidance for industry
                                                  experience with the submission of                                  HUMAN SERVICES                                        entitled ‘‘Dietary Supplements: New
                                                  electronic information to us using the                                                                                   Dietary Ingredient Notifications and
                                                  FDA ESG and the number of electronic                               Food and Drug Administration                          Related Issues,’’ that appeared in the
                                                  registration or change requests received                           [Docket No. FDA–2011–D–0376]                          Federal Register of August 12, 2016. We
                                                  between January 1, 2014, and December                                                                                    are taking this action in response to
                                                  31, 2014.                                                          Dietary Supplements: New Dietary                      requests to extend the comment period
                                                                                                                     Ingredient Notifications and Related                  to allow interested persons additional
                                                    Dated: September 26, 2016.
                                                                                                                     Issues; Revised Draft Guidance for                    time to submit comments.
                                                  Leslie Kux,                                                        Industry; Extension of Comment
                                                  Associate Commissioner for Policy.                                 Period                                                DATES:  We are extending the comment
                                                  [FR Doc. 2016–23897 Filed 10–3–16; 8:45 am]                                                                              period on the draft guidance published
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                     AGENCY:    Food and Drug Administration,              August 12, 2016 (81 FR 53486). Submit
                                                  BILLING CODE 4164–01–P
                                                                                                                     HHS.                                                  either electronic or written comments
                                                                                                                     ACTION:Notice of availability; extension              by December 12, 2016.
                                                                                                                     of comment period.
                                                                                                                                                                           ADDRESSES:        You may submit comments
                                                                                                                     SUMMARY:  The Food and Drug                           as follows:
                                                                                                                     Administration (FDA or we) is
                                                                                                                     extending the comment period for the


                                             VerDate Sep<11>2014         19:01 Oct 03, 2016        Jkt 241001   PO 00000   Frm 00037   Fmt 4703   Sfmt 4703   E:\FR\FM\04OCN1.SGM    04OCN1


                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                                 68435

                                                  Electronic Submissions                                  information you claim to be confidential              including in particular (but not limited
                                                    Submit electronic comments in the                     with a heading or cover note that states              to) section III. Comments on these
                                                  following way:                                          ‘‘THIS DOCUMENT CONTAINS                              issues, the revised draft guidance, and
                                                    • Federal eRulemaking Portal: http://                 CONFIDENTIAL INFORMATION.’’ The                       the relevant portions of the 2011 draft
                                                  www.regulations.gov. Follow the                         Agency will review this copy, including               guidance, will contribute to our final
                                                  instructions for submitting comments.                   the claimed confidential information, in              guidance on new dietary ingredient
                                                  Comments submitted electronically,                      its consideration of comments. The                    notifications and related issues. The
                                                  including attachments, to http://                       second copy, which will have the                      comment period was scheduled to end
                                                  www.regulations.gov will be posted to                   claimed confidential information                      on October 11, 2016.
                                                  the docket unchanged. Because your                      redacted/blacked out, will be available                  We received requests for 30- and 90-
                                                  comment will be made public, you are                    for public viewing and posted on http://              day extensions of the comment period.
                                                  solely responsible for ensuring that your               www.regulations.gov. Submit both                      In general, the requests conveyed
                                                  comment does not include any                            copies to the Division of Dockets                     concern that the current 60-day
                                                  confidential information that you or a                  Management. If you do not wish your                   comment period does not allow
                                                  third party may not wish to be posted,                  name and contact information to be                    sufficient time for interested parties to
                                                  such as medical information, your or                    made publicly available, you can                      develop a meaningful or thoughtful
                                                  anyone else’s Social Security number, or                provide this information on the cover                 response to the draft guidance. Some
                                                  confidential business information, such                 sheet and not in the body of your                     requests mentioned that the requests for
                                                  as a manufacturing process. Please note                 comments and you must identify this                   comment may necessitate indepth
                                                  that if you include your name, contact                  information as ‘‘confidential.’’ Any                  research and/or require supporting data
                                                  information, or other information that                  information marked as ‘‘confidential’’                to provide meaningful responses.
                                                  identifies you in the body of your                      will not be disclosed except in                          We considered the requests and are
                                                  comments, that information will be                      accordance with 21 CFR 10.20 and other                extending the comment period for the
                                                  posted on http://www.regulations.gov.                   applicable disclosure law. For more                   draft guidance for 60 days until
                                                    • If you want to submit a comment                     information about FDA’s posting of                    December 12, 2016. We believe that this
                                                  with confidential information that you                  comments to public dockets, see 80 FR                 extension allows adequate time for
                                                  do not wish to be made available to the                 56469, September 18, 2015, or access                  interested persons to submit comments
                                                  public, submit the comment as a                         the information at: http://www.fda.gov/               without significantly delaying finalizing
                                                  written/paper submission and in the                     regulatoryinformation/dockets/                        the guidance.
                                                  manner detailed (see ‘‘Written/Paper                    default.htm.                                            Dated: September 28, 2016.
                                                  Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to
                                                                                                                                                                Leslie Kux,
                                                                                                          read background documents or the
                                                  Written/Paper Submissions                                                                                     Associate Commissioner for Policy.
                                                                                                          electronic and written/paper comments
                                                                                                          received, go to http://                               [FR Doc. 2016–23931 Filed 10–3–16; 8:45 am]
                                                     Submit written/paper submissions as
                                                                                                          www.regulations.gov and insert the                    BILLING CODE 4164–01–P
                                                  follows:
                                                     • Mail/Hand delivery/Courier (for                    docket number, found in brackets in the
                                                  written/paper submissions): Division of                 heading of this document, into the
                                                                                                          ‘‘Search’’ box and follow the prompts                 DEPARTMENT OF HEALTH AND
                                                  Dockets Management (HFA–305), Food                                                                            HUMAN SERVICES
                                                  and Drug Administration, 5630 Fishers                   and/or go to the Division of Dockets
                                                  Lane, Rm. 1061, Rockville, MD 20852.                    Management, 5630 Fishers Lane, Rm.                    Food and Drug Administration
                                                     • For written/paper comments                         1061, Rockville, MD 20852.
                                                  submitted to the Division of Dockets                    FOR FURTHER INFORMATION CONTACT: Cara                 [Docket No. FDA–2016–N–2873]
                                                  Management, FDA will post your                          Welch, Office of Dietary Supplement
                                                                                                          Programs, Center for Food Safety and                  Workshop on Promoting Semantic
                                                  comment, as well as any attachments,
                                                                                                          Applied Nutrition (HFS–810), Food and                 Interoperability of Laboratory Data;
                                                  except for information submitted,
                                                                                                          Drug Administration, 5001 Campus Dr.,                 Public Workshop; Request for
                                                  marked and identified, as confidential,
                                                                                                          College Park, MD 20740, 240–402–2333.                 Comments
                                                  if submitted as detailed in
                                                  ‘‘Instructions.’’                                       SUPPLEMENTARY INFORMATION: In the                     AGENCY:    Food and Drug Administration,
                                                     Instructions: All submissions received               Federal Register of August 12, 2016, we               HHS.
                                                  must include the Docket No. FDA–                        published a notice announcing the                     ACTION: Notice of public workshop;
                                                  2011–D–0376 for ‘‘Dietary Supplements:                  availability of a revised draft guidance              request for comments.
                                                  New Dietary Ingredient Notifications                    for industry entitled ‘‘Dietary
                                                  and Related Issues; Revised Draft                       Supplements: New Dietary Ingredient                   SUMMARY:   The Centers for Disease
                                                  Guidance for Industry.’’ Received                       Notifications and Related Issues.’’ The               Control and Prevention (CDC), the Food
                                                  comments will be placed in the docket                   revised draft guidance, when finalized,               and Drug Administration (FDA), the
                                                  and, except for those submitted as                      will help industry in evaluating whether              National Library of Medicine (NLM) of
                                                  ‘‘Confidential Submissions,’’ publicly                  to submit a premarket safety notification             the National Institutes of Health (NIH),
                                                  viewable at http://www.regulations.gov                  for a new dietary ingredient (NDI), or for            the Office of the National Coordinator
                                                  or at the Division of Dockets                           a dietary supplement containing an NDI,               for Health Information Technology
                                                  Management between 9 a.m. and 4 p.m.,                   and in preparing such premarket safety                (ONC), and the Centers for Medicare
                                                  Monday through Friday.                                  notifications (also referred to as NDI                and Medicaid Services (CMS) are
mstockstill on DSK3G9T082PROD with NOTICES




                                                     • Confidential Submissions—To                        notifications). section III of the notice             announcing the following public
                                                  submit a comment with confidential                      (81 FR 53486 at 53489), ‘‘Other Issues                workshop entitled ‘‘CDC/FDA/NLM/
                                                  information that you do not wish to be                  for Consideration,’’ listed specific issues           ONC/CMS Workshop on Promoting
                                                  made publicly available, submit your                    to be addressed.                                      Semantic Interoperability of Laboratory
                                                  comments only as a written/paper                           The notice provided a 60-day period                Data.’’ The purpose of this public
                                                  submission. You should submit two                       for the submission of comments                        workshop is to receive and discuss
                                                  copies total. One copy will include the                 pertaining to the revised draft guidance,             input from stakeholders regarding


                                             VerDate Sep<11>2014   19:01 Oct 03, 2016   Jkt 241001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\04OCN1.SGM   04OCN1



Document Created: 2016-10-04 03:03:15
Document Modified: 2016-10-04 03:03:15
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 of availability; extension of comment period.
DatesWe are extending the comment period on the draft guidance published August 12, 2016 (81 FR 53486). Submit either electronic or written comments by December 12, 2016.
ContactCara Welch, Office of Dietary Supplement Programs, Center for Food Safety and Applied Nutrition (HFS- 810), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2333.
FR Citation81 FR 68434 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR