82_FR_1352 82 FR 1349 - Agency Information Collection Activities; Proposed Collection; Comment Request; Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002

82 FR 1349 - Agency Information Collection Activities; Proposed Collection; Comment Request; Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range1349-1352
FR Document2016-32030

The Food and Drug Administration (FDA or the Agency) 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 solicits comments on the information collection provisions of FDA regulations requiring that the Agency receives prior notice before food is imported or offered for import into the United States.

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1349-1352]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-32030]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0118]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Prior Notice of Imported Food Under the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) 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 solicits comments on the 
information collection provisions of FDA regulations requiring that the 
Agency receives prior notice before food is imported or offered for 
import into the United States.

DATES: Submit either electronic or written comments on the collection 
of information by March 6, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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-2010-N-0118 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Prior Notice of Imported Food 
Under the Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://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

[[Page 1350]]

claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://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 https://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.
Prior Notice of Imported Food Under the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002--21 CFR 1.278 to 
1.285
OMB Control Number 0910-0520--Revision
    The Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002 (the Bioterrorism Act) added section 801(m) of the 
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 381(m)), 
which requires that FDA receives prior notice for food, including food 
for animals, that is imported or offered for import into the United 
States. Sections 1.278 to 1.282 of FDA regulations (21 CFR 1.278 to 
1.282) set forth the requirements for submitting prior notice; 
Sec. Sec.  1.283(d) and 1.285(j) (21 CFR 1.283(d) and 1.285(j)) set 
forth the procedure for requesting the Agency review after FDA has 
refused admission of an article of food under section 801(m)(1) of the 
FD&C Act or placed an article of food under hold under section 801(l) 
of the FD&C Act; and Sec.  1.285(i) sets forth the procedure for post-
hold submissions.
    Section 304 of the FDA Food Safety Modernization Act (FSMA) (Pub. 
L. 111-353) amended section 801(m) of the FD&C Act to require a person 
submitting prior notice of imported food, including food for animals, 
to report, in addition to other information already required, ``any 
country to which the article has been refused entry.''
    Advance notice of imported food allows FDA, with the support of the 
U.S. Customs and Border Protection (CBP), to target import inspections 
more effectively and help protect the nation's food supply against 
terrorist acts and other public health emergencies. By requiring that a 
prior notice contain additional information that indicates prior 
refusals by any country and also identifies the country or countries, 
the Agency may better identify imported food shipments that may pose 
safety and security risks to U.S. consumers. This additional knowledge 
can further help FDA to make better informed decisions in managing the 
potential risks of imported food shipments into the United States.
    Any person with knowledge of the required information may submit 
prior notice for an article of food. Thus, the respondents to this 
information collection may include importers, owners, ultimate 
consignees, shippers, and carriers.
    FDA regulations require that prior notice of imported food be 
submitted electronically using CBP's Automated Broker Interface of the 
Automated Commercial System (ABI/ACS) (Sec.  1.280(a)(1)) or the FDA 
Prior Notice System Interface (PNSI) (Form FDA 3540) (Sec.  
1.280(a)(2)). PNSI is an electronic submission system available on the 
FDA Industry Systems page at http://www.access.fda.gov/. Information 
the Agency collects in the prior notice submission includes: (1) The 
submitter and transmitter (if different from the submitter); (2) entry 
type and CBP identifier; (3) the article of food, including complete 
FDA product code; (4) the manufacturer, for an article of food no 
longer in its natural state; (5) the grower, if known, for an article 
of food that is in its natural state; (6) the FDA Country of 
Production; (7) the name of any country that has refused entry of the 
article of food; (8) the shipper, except for food imported by 
international mail; (9) the country from which the article of food is 
shipped or, if the food is imported by international mail, the 
anticipated date of mailing and country from which the food is mailed; 
(10) the anticipated arrival information or, if the food is imported by 
international mail, the U.S. recipient; (11) the importer, owner, and 
ultimate consignee, except for food imported by international mail or 
transshipped through the United States; (12) the carrier and mode of 
transportation, except for food imported by international mail; and 
(13) planned shipment information, except for food imported by 
international mail (Sec.  1.281).
    Much of the information collected for prior notice is identical to 
the information collected for FDA importer's entry notice, which has 
been approved under OMB control number 0910-0046. The information in an 
importer's entry notice is collected electronically via CBP's ABI/ACS 
at the same time the respondent files an entry for import with CBP. To 
avoid double-counting the burden hours already counted in the 
importer's entry notice information collection, the burden hour 
analysis in table 1 reflects FDA's estimate of the reduced burden for 
prior

[[Page 1351]]

notice submitted through ABI/ACS in column 6, entitled ``Average Burden 
per Response.''
    In addition to submitting a prior notice, a submitter should cancel 
a prior notice and must resubmit the information to FDA if information 
changes after the Agency has confirmed a prior notice submission for 
review (e.g., if the identity of the manufacturer changes) (Sec.  
1.282). However, changes in the estimated quantity, anticipated arrival 
information, or planned shipment information do not require 
resubmission of prior notice after the Agency has confirmed a prior 
notice submission for review (Sec.  1.282(a)(1)(i) to (iii)). In the 
event that FDA refuses admission to an article of food under section 
801(m)(1) or the Agency places it under hold under section 801(l) of 
the FD&C Act, Sec. Sec.  1.283(d) and 1.285(j) (21 CFR 1.283(d) and 
1.285(j)) set forth the procedure for requesting FDA's review and the 
information required in a request for review. In the event that the 
Agency places an article of food under hold under Sec.  801(l) of the 
FD&C Act, Sec.  1.285(i) sets forth the procedure for, and the 
information to be included in, a post-hold submission.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Number of
         21 CFR section No.            FDA Form No.      Number of     responses per   Total annual       Average burden per response       Total hours
                                                        respondents     respondent       responses                  (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Prior Notice Submissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Prior Notice Submitted Through ABI/ACS
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.280-1.281.........................            None           1,700            7647      12,999,900  0.167 (10 minutes)................   \2\ 2,170,983
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Prior Notice Submitted Through PNSI
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.280-1.281.........................        \3\ 3540          27,000              70       1,890,000  0.384 (23 minutes)................         725,760
                                     ----------------------------------------------------------------                                    ---------------
    New Prior Notice Submissions      ..............  ..............  ..............  ..............  ..................................       2,896,743
     Subtotal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Prior Notice Cancellations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Prior Notice Cancelled Through ABI/ACS
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.282...............................            3540           7,040               1           7,040  0.25 (15 minutes).................            1760
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Prior Notice Cancelled Through PNSI
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.282, 1.283(a)(5)..................            3540          35,208               1          35,208  0.25 (15 minutes).................           8,802
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Prior Notice Cancellations        ..............  ..............  ..............  ..............  ..................................          10,562
     Subtotal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Prior Notice Requests for Review and Post-Hold Submissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.283(d), 1.285(j),.................            None               1               1               1  8.................................               8
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.285(i)............................            None             263               1             263  1.................................             263
                                     ----------------------------------------------------------------                                    ---------------
    Prior Notice Requests for Review  ..............  ..............  ..............  ..............  ..................................             271
     and Post-Hold Submissions
     Subtotal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................................................................................................       2,907,576
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ To avoid double-counting, an estimated 396,416 burden hours already accounted for in the Importer's Entry Notice information collection approved
  under OMB control number 0910-0046 are not included in this total.
\3\ The term ``Form FDA 3540'' refers to the electronic submission system known as PNSI, which is available at http://www.access.fda.gov.

    This estimate is based on FDA's experience and the average number 
of prior notice submissions, cancellations, and requests for review 
received in the past 3 years.
    FDA received 10,450,824 prior notices through ABI/ACS during 2014; 
11,282,015 during 2015; and 12,153,880 during 2016. Based on this 
experience, the Agency estimates that approximately 1,700 users of ABI/
ACS will submit an average of 7,647 prior notices annually, for a total 
of 12,999,900 prior notices received annually through ABI/ACS. FDA 
estimates the reporting burden for a prior notice submitted through 
ABI/ACS to be 10 minutes, or 0.167 hour, per notice, for a total burden 
of 2,170,983 hours. This estimate takes into consideration the burden 
hours already counted in the information collection approval for FDA 
importer's entry notice (OMB control number 0910-0046), as previously 
discussed.
    FDA received 1,529,110 prior notices through PNSI during 2014; 
1,633,567 during 2015; and 1,768,790 during 2016. Based on this 
experience, the Agency estimates that approximately 27,000 registered 
users of PNSI will submit an average of 70 prior notices annually, for 
a total of 1,890,000 prior notices received annually. FDA estimates the 
reporting burden for a prior notice submitted through PNSI to be 23 
minutes, or 0.384 hour, per notice, for a total burden of 725,760 
hours.

[[Page 1352]]

    FDA received 7,265 cancellations of prior notices through ABI/ACS 
during 2014; 7,910 during 2015; and 5,948 during 2016. Based on this 
experience, the Agency estimates that approximately 7,040 users of ABI/
ACS will submit an average of 1 cancellation annually, for a total of 
7,040 cancellations received annually through ABI/ACS. FDA estimates 
the reporting burden for a cancellation submitted through ABI/ACS to be 
15 minutes, or 0.25 hour, per cancellation, for a total burden of 1,760 
hours.
    FDA received 36,324 cancellations of prior notices through PNSI 
during 2014; 39,553 during 2015; and 29,743 during 2016. Based on this 
experience, the Agency estimates that approximately 35,208 registered 
users of PNSI will submit an average of 1 cancellation annually, for a 
total of 35,208 cancellations received annually. FDA estimates the 
reporting burden for a cancellation submitted through PNSI to be 15 
minutes, or 0.25 hour, per cancellation, for a total burden of 8,802 
hours.
    FDA has not received any requests for review under Sec.  1.283(d) 
or Sec.  1.285(j) in the last 3 years; therefore, the Agency estimates 
that one or fewer requests for review will be submitted annually. FDA 
estimates that it will take a requestor about 8 hours to prepare the 
factual and legal information necessary to prepare a request for 
review. Thus, the Agency has estimated a total reporting burden of 8 
hours.
    FDA received 235 post-hold submissions under Sec.  1.285(i) during 
2014; 218 during 2015; and 337 during 2016. Based on this experience, 
the Agency estimates that 263 post-hold submissions under Sec.  
1.285(i) will be submitted annually. FDA estimates that it will take 
about 1 hour to prepare the written notification described in Sec.  
1.285(i)(2)(i). Thus, the Agency estimates a total reporting burden of 
263 hours.

    Dated: December 30, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-32030 Filed 1-4-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices                                             1349

                                                  Consultation Policy issued in February                  II. Electronic Access                                  comment will be made public, you are
                                                  2016.                                                      Persons with access to the Internet                 solely responsible for ensuring that your
                                                                                                          may obtain the document at either                      comment does not include any
                                                  ADDRESSES:   For access to the docket to                                                                       confidential information that you or a
                                                  read background documents or the                        http://www.fda.gov/tribal or https://
                                                                                                          www.regulations.gov. Use the FDA Web                   third party may not wish to be posted,
                                                  electronic and written/paper comments                                                                          such as medical information, your or
                                                  received, go to https://                                site listed in the previous sentence to
                                                                                                          find the most current version of the                   anyone else’s Social Security number, or
                                                  www.regulations.gov and insert the                                                                             confidential business information, such
                                                  docket number, found in brackets in the                 document.
                                                                                                                                                                 as a manufacturing process. Please note
                                                  heading of this document, into the                        Dated: December 29, 2016.                            that if you include your name, contact
                                                  ‘‘Search’’ box and follow the prompts                   Leslie Kux,                                            information, or other information that
                                                  and/or go to the Division of Dockets                    Associate Commissioner for Policy.                     identifies you in the body of your
                                                  Management, 5630 Fishers Lane, Rm.                      [FR Doc. 2016–31951 Filed 1–4–17; 8:45 am]             comments, that information will be
                                                  1061, Rockville, MD 20852.                                                                                     posted on https://www.regulations.gov.
                                                                                                          BILLING CODE 4164–01–P
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                 • If you want to submit a comment
                                                  Sarah Walinsky, Food and Drug                                                                                  with confidential information that you
                                                  Administration, 10903 New Hampshire                     DEPARTMENT OF HEALTH AND                               do not wish to be made available to the
                                                  Ave., Silver Spring, MD 20993, (240)                    HUMAN SERVICES                                         public, submit the comment as a
                                                  402–4075.                                                                                                      written/paper submission and in the
                                                                                                          Food and Drug Administration                           manner detailed (see ‘‘Written/Paper
                                                  SUPPLEMENTARY INFORMATION:                                                                                     Submissions’’ and ‘‘Instructions’’).
                                                                                                          [Docket No. FDA–2010–N–0118]
                                                  I. Background                                                                                                  Written/Paper Submissions
                                                                                                          Agency Information Collection
                                                     Under Executive Order 13175 of                       Activities; Proposed Collection;                          Submit written/paper submissions as
                                                  November 6, 2000, executive                             Comment Request; Prior Notice of                       follows:
                                                  departments and Agencies are charged                                                                              • Mail/Hand delivery/Courier (for
                                                                                                          Imported Food Under the Public Health
                                                  with engaging in regular and meaningful                                                                        written/paper submissions): Division of
                                                                                                          Security and Bioterrorism
                                                  consultation and collaboration with                                                                            Dockets Management (HFA–305), Food
                                                                                                          Preparedness and Response Act of
                                                  Indian tribal governments in the                                                                               and Drug Administration, 5630 Fishers
                                                                                                          2002
                                                  development of Federal policies that                                                                           Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                          AGENCY:    Food and Drug Administration,                  • For written/paper comments
                                                  have tribal implications and are
                                                                                                          HHS.                                                   submitted to the Division of Dockets
                                                  responsible for strengthening the
                                                                                                          ACTION:   Notice.                                      Management, FDA will post your
                                                  government-to-government relationship
                                                                                                                                                                 comment, as well as any attachments,
                                                  between the United States and Indian                    SUMMARY:   The Food and Drug                           except for information submitted,
                                                  Tribes. The HHS Tribal Consultation                     Administration (FDA or the Agency) is                  marked and identified, as confidential,
                                                  Policy, revised on December 14, 2010,                   announcing an opportunity for public                   if submitted as detailed in
                                                  further clarifies that each HHS                         comment on the proposed collection of                  ‘‘Instructions.’’
                                                  Operating and Staff Division must have                  certain information by the Agency.                        Instructions: All submissions received
                                                  an accountable consultation process to                  Under the Paperwork Reduction Act of                   must include the Docket No. FDA–
                                                  ensure meaningful and timely input by                   1995 (the PRA), Federal Agencies are                   2010–N–0118 for ‘‘Agency Information
                                                  tribal officials in the development of                  required to publish notice in the                      Collection Activities; Proposed
                                                  policies that have tribal implications.                 Federal Register concerning each                       Collection; Comment Request; Prior
                                                  The FDA Tribal Consultation Policy,                     proposed collection of information,                    Notice of Imported Food Under the
                                                  which finalizes the draft FDA Tribal                    including each proposed extension of an                Public Health Security and Bioterrorism
                                                  Consultation Policy issued in February                  existing collection of information, and                Preparedness and Response Act of
                                                  2016, is based on the HHS Tribal                        to allow 60 days for public comment in                 2002.’’ Received comments will be
                                                  Consultation Policy and includes                        response to the notice. This notice                    placed in the docket and, except for
                                                  Agency-specific consultation guidelines                 solicits comments on the information                   those submitted as ‘‘Confidential
                                                  that complement the Department-wide                     collection provisions of FDA regulations               Submissions,’’ publicly viewable at
                                                  efforts.                                                requiring that the Agency receives prior               https://www.regulations.gov or at the
                                                     The purpose of the FDA Tribal                        notice before food is imported or offered              Division of Dockets Management
                                                  Consultation Policy is to further the                   for import into the United States.                     between 9 a.m. and 4 p.m., Monday
                                                  government-to-government relationship                   DATES: Submit either electronic or                     through Friday.
                                                  between FDA and Indian Tribes and                       written comments on the collection of                     • Confidential Submissions—To
                                                  facilitate tribal consultation with FDA.                information by March 6, 2017.                          submit a comment with confidential
                                                  The policy provides background on                       ADDRESSES: You may submit comments                     information that you do not wish to be
                                                  FDA’s mission and organizational                        as follows:                                            made publicly available, submit your
                                                  structure and elaborates on the                                                                                comments only as a written/paper
                                                  principles and guidelines in the HHS                    Electronic Submissions                                 submission. You should submit two
                                                  Tribal Consultation Policy. We                            Submit electronic comments in the                    copies total. One copy will include the
                                                  consulted with Indian Tribes on the                     following way:                                         information you claim to be confidential
mstockstill on DSK3G9T082PROD with NOTICES




                                                  FDA Tribal Consultation Policy, which                     • Federal eRulemaking Portal:                        with a heading or cover note that states
                                                  is intended to serve as a platform for the              https://www.regulations.gov. Follow the                ‘‘THIS DOCUMENT CONTAINS
                                                  Agency to create consistent and                         instructions for submitting comments.                  CONFIDENTIAL INFORMATION.’’ The
                                                  meaningful tribal consultation across                   Comments submitted electronically,                     Agency will review this copy, including
                                                  FDA Centers and Offices. A copy of the                  including attachments, to https://                     the claimed confidential information, in
                                                  final policy has also been shared with                  www.regulations.gov will be posted to                  its consideration of comments. The
                                                  Indian Tribes in a letter to tribal leaders.            the docket unchanged. Because your                     second copy, which will have the


                                             VerDate Sep<11>2014   21:06 Jan 04, 2017   Jkt 241001   PO 00000   Frm 00040   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                  1350                          Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

                                                  claimed confidential information                        of FDA’s functions, including whether                  This additional knowledge can further
                                                  redacted/blacked out, will be available                 the information will have practical                    help FDA to make better informed
                                                  for public viewing and posted on                        utility; (2) the accuracy of FDA’s                     decisions in managing the potential
                                                  https://www.regulations.gov. Submit                     estimate of the burden of the proposed                 risks of imported food shipments into
                                                  both copies to the Division of Dockets                  collection of information, including the               the United States.
                                                  Management. If you do not wish your                     validity of the methodology and                           Any person with knowledge of the
                                                  name and contact information to be                      assumptions used; (3) ways to enhance                  required information may submit prior
                                                  made publicly available, you can                        the quality, utility, and clarity of the               notice for an article of food. Thus, the
                                                  provide this information on the cover                   information to be collected; and (4)                   respondents to this information
                                                  sheet and not in the body of your                       ways to minimize the burden of the                     collection may include importers,
                                                  comments and you must identify this                     collection of information on                           owners, ultimate consignees, shippers,
                                                  information as ‘‘confidential.’’ Any                    respondents, including through the use                 and carriers.
                                                  information marked as ‘‘confidential’’                  of automated collection techniques,                       FDA regulations require that prior
                                                  will not be disclosed except in                         when appropriate, and other forms of                   notice of imported food be submitted
                                                  accordance with 21 CFR 10.20 and other                  information technology.                                electronically using CBP’s Automated
                                                  applicable disclosure law. For more                                                                            Broker Interface of the Automated
                                                                                                          Prior Notice of Imported Food Under                    Commercial System (ABI/ACS)
                                                  information about FDA’s posting of
                                                                                                          the Public Health Security and                         (§ 1.280(a)(1)) or the FDA Prior Notice
                                                  comments to public dockets, see 80 FR
                                                                                                          Bioterrorism Preparedness and                          System Interface (PNSI) (Form FDA
                                                  56469, September 18, 2015, or access
                                                                                                          Response Act of 2002—21 CFR 1.278 to                   3540) (§ 1.280(a)(2)). PNSI is an
                                                  the information at: http://www.fda.gov/
                                                                                                          1.285                                                  electronic submission system available
                                                  regulatoryinformation/dockets/
                                                  default.htm.                                            OMB Control Number 0910–0520—                          on the FDA Industry Systems page at
                                                     Docket: For access to the docket to                  Revision                                               http://www.access.fda.gov/. Information
                                                  read background documents or the                                                                               the Agency collects in the prior notice
                                                                                                             The Public Health Security and                      submission includes: (1) The submitter
                                                  electronic and written/paper comments                   Bioterrorism Preparedness and
                                                  received, go to https://                                                                                       and transmitter (if different from the
                                                                                                          Response Act of 2002 (the Bioterrorism                 submitter); (2) entry type and CBP
                                                  www.regulations.gov and insert the                      Act) added section 801(m) of the
                                                  docket number, found in brackets in the                                                                        identifier; (3) the article of food,
                                                                                                          Federal Food, Drug, and Cosmetic Act                   including complete FDA product code;
                                                  heading of this document, into the                      (FD&C Act) (21 U.S.C. 381(m)), which
                                                  ‘‘Search’’ box and follow the prompts                                                                          (4) the manufacturer, for an article of
                                                                                                          requires that FDA receives prior notice                food no longer in its natural state; (5)
                                                  and/or go to the Division of Dockets                    for food, including food for animals,
                                                  Management, 5630 Fishers Lane, Rm.                                                                             the grower, if known, for an article of
                                                                                                          that is imported or offered for import                 food that is in its natural state; (6) the
                                                  1061, Rockville, MD 20852.                              into the United States. Sections 1.278 to              FDA Country of Production; (7) the
                                                  FOR FURTHER INFORMATION CONTACT: FDA                    1.282 of FDA regulations (21 CFR 1.278                 name of any country that has refused
                                                  PRA Staff, Office of Operations, Food                   to 1.282) set forth the requirements for               entry of the article of food; (8) the
                                                  and Drug Administration, Three White                    submitting prior notice; §§ 1.283(d) and               shipper, except for food imported by
                                                  Flint North, 10A63, 11601 Landsdown                     1.285(j) (21 CFR 1.283(d) and 1.285(j))                international mail; (9) the country from
                                                  St., North Bethesda, MD 20852,                          set forth the procedure for requesting                 which the article of food is shipped or,
                                                  PRAStaff@fda.hhs.gov.                                   the Agency review after FDA has                        if the food is imported by international
                                                  SUPPLEMENTARY INFORMATION: Under the                    refused admission of an article of food                mail, the anticipated date of mailing and
                                                  PRA (44 U.S.C. 3501–3520), Federal                      under section 801(m)(1) of the FD&C                    country from which the food is mailed;
                                                  Agencies must obtain approval from the                  Act or placed an article of food under                 (10) the anticipated arrival information
                                                  Office of Management and Budget                         hold under section 801(l) of the FD&C                  or, if the food is imported by
                                                  (OMB) for each collection of                            Act; and § 1.285(i) sets forth the                     international mail, the U.S. recipient;
                                                  information they conduct or sponsor.                    procedure for post-hold submissions.                   (11) the importer, owner, and ultimate
                                                  ‘‘Collection of information’’ is defined                   Section 304 of the FDA Food Safety                  consignee, except for food imported by
                                                  in 44 U.S.C. 3502(3) and 5 CFR                          Modernization Act (FSMA) (Pub. L.                      international mail or transshipped
                                                  1320.3(c) and includes Agency requests                  111–353) amended section 801(m) of the                 through the United States; (12) the
                                                  or requirements that members of the                     FD&C Act to require a person submitting                carrier and mode of transportation,
                                                  public submit reports, keep records, or                 prior notice of imported food, including               except for food imported by
                                                  provide information to a third party.                   food for animals, to report, in addition               international mail; and (13) planned
                                                  Section 3506(c)(2)(A) of the PRA (44                    to other information already required,                 shipment information, except for food
                                                  U.S.C. 3506(c)(2)(A)) requires Federal                  ‘‘any country to which the article has                 imported by international mail (§ 1.281).
                                                  Agencies to provide a 60-day notice in                  been refused entry.’’                                     Much of the information collected for
                                                  the Federal Register concerning each                       Advance notice of imported food                     prior notice is identical to the
                                                  proposed collection of information,                     allows FDA, with the support of the                    information collected for FDA
                                                  including each proposed extension of an                 U.S. Customs and Border Protection                     importer’s entry notice, which has been
                                                  existing collection of information,                     (CBP), to target import inspections more               approved under OMB control number
                                                  before submitting the collection to OMB                 effectively and help protect the nation’s              0910–0046. The information in an
                                                  for approval. To comply with this                       food supply against terrorist acts and                 importer’s entry notice is collected
                                                  requirement, FDA is publishing notice                   other public health emergencies. By                    electronically via CBP’s ABI/ACS at the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  of the proposed collection of                           requiring that a prior notice contain                  same time the respondent files an entry
                                                  information set forth in this document.                 additional information that indicates                  for import with CBP. To avoid double-
                                                     With respect to the following                        prior refusals by any country and also                 counting the burden hours already
                                                  collection of information, FDA invites                  identifies the country or countries, the               counted in the importer’s entry notice
                                                  comments on these topics: (1) Whether                   Agency may better identify imported                    information collection, the burden hour
                                                  the proposed collection of information                  food shipments that may pose safety                    analysis in table 1 reflects FDA’s
                                                  is necessary for the proper performance                 and security risks to U.S. consumers.                  estimate of the reduced burden for prior


                                             VerDate Sep<11>2014   21:06 Jan 04, 2017   Jkt 241001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                            Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices                                                                                                  1351

                                                  notice submitted through ABI/ACS in                                          the estimated quantity, anticipated                                           CFR 1.283(d) and 1.285(j)) set forth the
                                                  column 6, entitled ‘‘Average Burden per                                      arrival information, or planned                                               procedure for requesting FDA’s review
                                                  Response.’’                                                                  shipment information do not require                                           and the information required in a
                                                     In addition to submitting a prior                                         resubmission of prior notice after the                                        request for review. In the event that the
                                                  notice, a submitter should cancel a prior                                    Agency has confirmed a prior notice                                           Agency places an article of food under
                                                  notice and must resubmit the                                                 submission for review (§ 1.282(a)(1)(i) to                                    hold under § 801(l) of the FD&C Act,
                                                  information to FDA if information                                            (iii)). In the event that FDA refuses                                         § 1.285(i) sets forth the procedure for,
                                                  changes after the Agency has confirmed                                       admission to an article of food under                                         and the information to be included in,
                                                  a prior notice submission for review                                         section 801(m)(1) or the Agency places                                        a post-hold submission.
                                                  (e.g., if the identity of the manufacturer                                   it under hold under section 801(l) of the                                       FDA estimates the burden of this
                                                  changes) (§ 1.282). However, changes in                                      FD&C Act, §§ 1.283(d) and 1.285(j) (21                                        collection of information as follows:

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

                                                                                                                                              Prior Notice Submissions

                                                                                                                                 Prior Notice Submitted Through ABI/ACS

                                                  1.280–1.281 .................................                          None                        1,700                       7647              12,999,900           0.167 (10 minutes) ....                 2 2,170,983


                                                                                                                                     Prior Notice Submitted Through PNSI

                                                  1.280–1.281 .................................                         3 3540                     27,000                            70              1,890,000          0.384 (23 minutes) ....                    725,760

                                                        New Prior Notice Submis-                          ........................    ........................   ........................    ........................   ....................................      2,896,743
                                                          sions Subtotal.

                                                                                                                                              Prior Notice Cancellations

                                                                                                                                 Prior Notice Cancelled Through ABI/ACS

                                                  1.282 ............................................                      3540                       7,040                             1                    7,040       0.25 (15 minutes) ......                      1760

                                                                                                                                     Prior Notice Cancelled Through PNSI

                                                  1.282, 1.283(a)(5) ........................                             3540                     35,208                              1                 35,208         0.25 (15 minutes) ......                      8,802

                                                        Prior Notice             Cancellations            ........................    ........................   ........................    ........................   ....................................         10,562
                                                          Subtotal.

                                                                                                               Prior Notice Requests for Review and Post-Hold Submissions

                                                  1.283(d), 1.285(j), ........................                           None                               1                          1                           1    8 ................................                   8

                                                  1.285(i) .........................................                     None                           263                            1                       263      1 ................................              263

                                                        Prior Notice Requests for                         ........................    ........................   ........................    ........................   ....................................            271
                                                          Review and Post-Hold
                                                          Submissions Subtotal.

                                                        Total ..............................................................................................................................................................................................      2,907,576
                                                     1 Thereare no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 Toavoid double-counting, an estimated 396,416 burden hours already accounted for in the Importer’s Entry Notice information collection ap-
                                                  proved under OMB control number 0910–0046 are not included in this total.
                                                    3 The term ‘‘Form FDA 3540’’ refers to the electronic submission system known as PNSI, which is available at http://www.access.fda.gov.




                                                    This estimate is based on FDA’s                                            12,999,900 prior notices received                                                FDA received 1,529,110 prior notices
                                                  experience and the average number of                                         annually through ABI/ACS. FDA                                                 through PNSI during 2014; 1,633,567
                                                  prior notice submissions, cancellations,                                     estimates the reporting burden for a                                          during 2015; and 1,768,790 during 2016.
                                                  and requests for review received in the                                      prior notice submitted through ABI/ACS                                        Based on this experience, the Agency
                                                  past 3 years.                                                                to be 10 minutes, or 0.167 hour, per                                          estimates that approximately 27,000
                                                    FDA received 10,450,824 prior notices                                                                                                                    registered users of PNSI will submit an
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                               notice, for a total burden of 2,170,983
                                                  through ABI/ACS during 2014;                                                 hours. This estimate takes into                                               average of 70 prior notices annually, for
                                                  11,282,015 during 2015; and 12,153,880                                       consideration the burden hours already                                        a total of 1,890,000 prior notices
                                                  during 2016. Based on this experience,                                       counted in the information collection                                         received annually. FDA estimates the
                                                  the Agency estimates that                                                    approval for FDA importer’s entry                                             reporting burden for a prior notice
                                                  approximately 1,700 users of ABI/ACS                                         notice (OMB control number 0910–                                              submitted through PNSI to be 23
                                                  will submit an average of 7,647 prior                                        0046), as previously discussed.                                               minutes, or 0.384 hour, per notice, for
                                                  notices annually, for a total of                                                                                                                           a total burden of 725,760 hours.


                                             VerDate Sep<11>2014         21:06 Jan 04, 2017         Jkt 241001        PO 00000        Frm 00042        Fmt 4703       Sfmt 4703       E:\FR\FM\05JAN1.SGM               05JAN1


                                                  1352                          Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

                                                     FDA received 7,265 cancellations of                  DEPARTMENT OF HEALTH AND                               following: The NHSC LRP Application,
                                                  prior notices through ABI/ACS during                    HUMAN SERVICES                                         the Authorization for Disclosure of Loan
                                                  2014; 7,910 during 2015; and 5,948                                                                             Information form, the Privacy Act
                                                  during 2016. Based on this experience,                  Health Resources and Services                          Release Authorization form, and if
                                                  the Agency estimates that                               Administration                                         applicable, the Verification of
                                                  approximately 7,040 users of ABI/ACS                                                                           Disadvantaged Background form and the
                                                                                                          Agency Information Collection                          Private Practice Option form. The first
                                                  will submit an average of 1 cancellation                Activities: Submission to OMB for
                                                  annually, for a total of 7,040                                                                                 four of the aforementioned NHSC LRP
                                                                                                          Review and Approval; Public Comment                    forms collect information that is needed
                                                  cancellations received annually through                 Request; The National Health Service                   for selecting participants and repaying
                                                  ABI/ACS. FDA estimates the reporting                    Corps Loan Repayment Program                           qualifying educational loans. The last
                                                  burden for a cancellation submitted
                                                                                                          AGENCY: Health Resources and Services                  referenced form, the Private Practice
                                                  through ABI/ACS to be 15 minutes, or                                                                           Option Form, is needed to collect
                                                  0.25 hour, per cancellation, for a total                Administration (HRSA), Department of
                                                                                                          Health and Human Services.                             information for all participants who
                                                  burden of 1,760 hours.                                                                                         have applied for that service option.
                                                                                                          ACTION: Notice.
                                                     FDA received 36,324 cancellations of                                                                           NHSC-approved sites are health care
                                                  prior notices through PNSI during 2014;                 SUMMARY:    In compliance with Section                 facilities that provide comprehensive
                                                  39,553 during 2015; and 29,743 during                   3507(a)(1)(D) of the Paperwork                         outpatient, ambulatory, primary health
                                                  2016. Based on this experience, the                     Reduction Act of 1995, HRSA has                        care services to populations residing in
                                                  Agency estimates that approximately                     submitted an Information Collection                    HPSAs. Related in-patient services may
                                                  35,208 registered users of PNSI will                    Request (ICR) to the Office of                         be provided by NHSC-approved Critical
                                                  submit an average of 1 cancellation                     Management and Budget (OMB) for                        Access Hospitals (CAHs). To become an
                                                  annually, for a total of 35,208                         review and approval. Comments                          NHSC-approved site, new sites must
                                                                                                          submitted during the first public review               submit a Site Application for review
                                                  cancellations received annually. FDA
                                                                                                          of this ICR will be provided to OMB.                   and approval. Existing NHSC-approved
                                                  estimates the reporting burden for a
                                                                                                          OMB will accept further comments from                  sites are required to complete a Site
                                                  cancellation submitted through PNSI to                                                                         Recertification Application to maintain
                                                  be 15 minutes, or 0.25 hour, per                        the public during the review and
                                                                                                          approval period.                                       their NHSC-approved status. Both the
                                                  cancellation, for a total burden of 8,802                                                                      NHSC Site Application and Site
                                                  hours.                                                  DATES: Comments on this ICR should be
                                                                                                          received no later than February 6, 2017.               Recertification Application request
                                                     FDA has not received any requests for                                                                       information on the clinical service site,
                                                                                                          ADDRESSES: Submit your comments,
                                                  review under § 1.283(d) or § 1.285(j) in                                                                       sponsoring agency, recruitment contact,
                                                                                                          including the ICR Title, to the desk                   staffing levels, service users, charges for
                                                  the last 3 years; therefore, the Agency                 officer for HRSA, either by email to
                                                  estimates that one or fewer requests for                                                                       services, employment policies, and
                                                                                                          OIRA_submission@omb.eop.gov or by                      fiscal management capabilities.
                                                  review will be submitted annually. FDA                  fax to 202–395–5806.
                                                  estimates that it will take a requestor                                                                        Assistance in completing these
                                                                                                          FOR FURTHER INFORMATION CONTACT: To                    applications may be obtained through
                                                  about 8 hours to prepare the factual and                request a copy of the clearance requests
                                                  legal information necessary to prepare a                                                                       the appropriate State Primary Care
                                                                                                          submitted to OMB for review, email the                 Offices and HRSA’s NHSC program
                                                  request for review. Thus, the Agency                    HRSA Information Collection Clearance                  office. The information collected on the
                                                  has estimated a total reporting burden of               Officer at paperwork@hrsa.gov or call                  applications is used for determining the
                                                  8 hours.                                                (301) 443–1984.                                        eligibility of sites for the assignment of
                                                     FDA received 235 post-hold                           SUPPLEMENTARY INFORMATION: When                        NHSC health professionals and to verify
                                                  submissions under § 1.285(i) during                     submitting comments or requesting                      the need for NHSC clinicians. NHSC
                                                  2014; 218 during 2015; and 337 during                   information, please include the                        service site approval is valid for 3 years.
                                                  2016. Based on this experience, the                     information request collection title for               Sites wishing to remain eligible for the
                                                  Agency estimates that 263 post-hold                     reference.                                             assignment of NHSC providers must
                                                  submissions under § 1.285(i) will be                      Information Collection Request Title:                submit a Site Recertification
                                                  submitted annually. FDA estimates that                  The National Health Service Corps Loan                 Application every 3 years.
                                                  it will take about 1 hour to prepare the                Repayment Program.                                        The proposed ICR is a revision to
                                                                                                            OMB No. 0915–0127 Revision.                          OMB control number 0915–0127 (NHSC
                                                  written notification described in
                                                                                                            Abstract: The National Health Service                LRP) by combining previously approved
                                                  § 1.285(i)(2)(i). Thus, the Agency                      Corps (NHSC) Loan Repayment Program                    OMB number 0915–0230 (NHSC Site
                                                  estimates a total reporting burden of 263               (LRP) was established to assure an                     Application and Site Recertification
                                                  hours.                                                  adequate supply of trained primary care                Application forms) and adding a new
                                                    Dated: December 30, 2016.                             health professionals to provide services               form to the ICR called the NHSC
                                                  Leslie Kux,                                             in the neediest Health Professional                    Comprehensive Behavioral Health
                                                  Associate Commissioner for Policy.                      Shortage Areas (HPSAs) of the United                   Services Checklist.
                                                                                                          States. Under this program, the                           Need and Proposed Use of the
                                                  [FR Doc. 2016–32030 Filed 1–4–17; 8:45 am]
                                                                                                          Department of Health and Human                         Information: The need and purpose of
                                                  BILLING CODE 4164–01–P
                                                                                                          Services agrees to repay the qualifying                this information collection is to obtain
                                                                                                          educational loans of selected primary                  information that is used to assess an
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          care health professionals. In return, the              LRP applicant’s eligibility and
                                                                                                          health professionals agree to serve for a              qualifications for the LRP and obtain
                                                                                                          specified period of time in an NHSC-                   information for NHSC site applicants.
                                                                                                          approved site located in a federally-                  Clinicians interested in participating in
                                                                                                          designated HPSA approved by the                        the NHSC LRP must submit an
                                                                                                          Secretary for LRP participants. The                    application to the NHSC to participate
                                                                                                          forms used by the LRP include the                      in the program, and health care facilities


                                             VerDate Sep<11>2014   21:06 Jan 04, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1



Document Created: 2018-02-01 14:51:19
Document Modified: 2018-02-01 14:51:19
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 March 6, 2017.
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 Citation82 FR 1349 

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