82_FR_14421 82 FR 14369 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary National Retail Food Regulatory Program Standards

82 FR 14369 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary National Retail Food Regulatory Program Standards

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 52 (March 20, 2017)

Page Range14369-14372
FR Document2017-05414

The Food and Drug Administration (FDA or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of the Voluntary National Retail Food Regulatory Program Standards.

Federal Register, Volume 82 Issue 52 (Monday, March 20, 2017)
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14369-14372]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05414]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0017]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Voluntary National Retail Food Regulatory Program 
Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the information collection 
provisions of the Voluntary National Retail Food Regulatory Program 
Standards.

DATES: Submit either electronic or written comments on the collection 
of information by May 19, 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-2011-N-0017 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Voluntary National Retail Food 
Regulatory Program Standards.'' 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 
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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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,

[[Page 14370]]

when appropriate, and other forms of information technology.

Voluntary National Retail Food Regulatory Program Standards

OMB Control Number 0910-0621--Extension

    The Voluntary National Retail Food Regulatory Program Standards 
(the Program Standards) define nine essential elements of an effective 
regulatory program for retail food establishments, establish basic 
quality control criteria for each element, and provide a means of 
recognition for the State, local, territorial, tribal and Federal 
regulatory programs that meet the Program Standards. The program 
elements addressed by the Program Standards are as follows: (1) 
Regulatory foundation; (2) trained regulatory staff; (3) inspection 
program based on Hazard Analysis and Critical Control Point (HACCP) 
principles; (4) uniform inspection program, (5) foodborne illness and 
food defense preparedness and response; (6) compliance and enforcement; 
(7) industry and community relations; (8) program support and 
resources; and (9) program assessment. Each standard includes a list of 
records needed to document conformance with the standard (referred to 
in the Program Standards document as ``quality records'') and has one 
or more corresponding forms and worksheets to facilitate the collection 
of information needed to assess the retail food regulatory program 
against that standard. The respondents are State, local, territorial, 
tribal, and potentially other Federal regulatory agencies. Regulatory 
agencies may use existing available records or may choose to develop 
and use alternate forms and worksheets that capture the same 
information.
    In the course of their normal activities, State, local, 
territorial, tribal, and Federal regulatory agencies already collect 
and keep on file many of the records needed as quality records to 
document compliance with each of the Program Standards. Although the 
detail and format in which this information is collected and recorded 
may vary by jurisdiction, records that are kept as a usual and 
customary part of normal Agency activities include inspection records, 
written quality assurance procedures, records of quality assurance 
checks, staff training certificates and other training records, a log 
or database of food-related illness or injury complaints, records of 
investigations resulting from such complaints, an inventory of 
inspection equipment, records of outside audits, and records of 
outreach efforts (e.g., meeting agendas and minutes, documentation of 
food safety education activities). No new recordkeeping burden is 
associated with these existing records, which are already a part of 
usual and customary program recordkeeping activities by State, local, 
territorial, tribal and Federal regulatory agencies, and which can 
serve as quality records under the Program Standards.
    In April 2016, the Conference for Food Protection (CFP) recommended 
that FDA make a change in Program Standard #4--Uniform Inspection 
Program, more specifically to change Program Standard #4's Program 
Self-Assessment and Verification Audit Form. Once changes have been 
incorporated into the 2017 version, it will be available on FDA's Web 
site.
    With this change, in order to achieve conformance to Program 
Standard #4, jurisdictions must achieve an overall inspection program 
performance rating for 20 elements as opposed to 10 elements that were 
previously required. The previous 10 elements had several criteria 
under one program element. The change to 20 elements allows the 
Standard to clearly delineate out each criterion individually rather 
than having several criteria under one program element. This 
streamlines and clarifies the process in meeting the Standard. As a 
result, the assessment review of each inspector's work will now be 
required for three joint inspections as opposed to the previously 
required two.
    State, local, territorial, tribal and Federal regulatory agencies 
that enroll in the Program Standards and seek listing in the FDA 
National Registry are required to report to FDA on the completion of 
the following three management tasks outlined in the Program Standards: 
(1) Conducting a program self-assessment; (2) conducting a risk factor 
study of the regulated industry; and (3) obtaining an independent 
outside audit (verification audit). The results are reported on forms 
formerly known as Form FDA 3519 and Form FDA 3520. Currently FDA is 
working to consolidate both Forms FDA 3519 ``FDA National Registry 
Report'' and FDA 3520 ``Permission to Publish in National Registry'' 
into one form thereby reducing the burden by 50 percent. The new Form 
FDA 3958 will be provided in the Program Standards document, and will 
also be provided on FDA's Web site at: http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/ProgramStandards/default.htm. 
If a regulatory agency follows all the recordkeeping recommendations in 
the individual standards and their sample worksheets, it will have all 
the information needed to complete the forms.

Recordkeeping

    FDA's recordkeeping burden estimate includes time required for a 
state, local, territorial, tribal, or Federal agency to review the 
instructions in the Program Standards, compile information from 
existing sources, and create any records recommended in the Program 
Standards that are not already kept in the normal course of the 
agency's usual and customary activities. Sample worksheets are provided 
to assist in this compilation. In estimating the time needed for the 
program self-assessment (Program Standards 1 through 8, shown in table 
1), FDA considered responses from four State and three local 
jurisdictions that participated in an FDA Program Standards Pilot 
study. Table 2 shows the estimated recordkeeping burden for the 
completion of the baseline data collection, and table 3 shows the 
estimated recordkeeping burden for the verification audit.
    FDA estimates the burden of this collection of information as 
follows:

                        Table 1--Self-Assessment
------------------------------------------------------------------------
                                                              Hours per
             Standard               Recordkeeping activity      record
------------------------------------------------------------------------
No. 1: Regulatory Foundation.....  Self-Assessment:                   16
                                    Completion of worksheet
                                    recording results of
                                    evaluations and
                                    comparison on
                                    worksheets \1\.
No. 2: Trained Regulatory Staff..  Self-Assessment:                 19.3
                                    Completion of CFP Field
                                    Training Manual and
                                    Documentation of
                                    Successful Completion--
                                    Field Training Process;
                                    completion of summary
                                    worksheet of each
                                    employee training
                                    records \1\ \2\.
No. 3: HACCP Principles..........  Self-Assessment:                    4
                                    Completion of worksheet
                                    documentation \1\.

[[Page 14371]]

 
No. 4: Uniform Inspection Program  Self-Assessment:                   19
                                    Completion of worksheet
                                    documentation of
                                    jurisdiction's quality
                                    assurance procedures
                                    \1\ \2\.
No. 5: Foodborne Illness           Self-Assessment:                    5
 Investigation.                     Completion of worksheet
                                    documentation \1\.
No. 6: Compliance Enforcement....  Self-Assessment:                   19
                                    Selection and review of
                                    20 to 70 establishment
                                    files at 25 minutes per
                                    file. Estimate is based
                                    on a mean number of 45.
                                    Completion of worksheet
                                    \1\.
No. 7: Industry & Community        Self-Assessment:                    2
 Relations.                         Completion of worksheet
                                    \1\.
No. 8: Program Support and         Self-Assessment:                    8
 Resources.                         Selection and review of
                                    establishment files \1\.
                                  --------------------------------------
    Total........................  ........................         92.3
------------------------------------------------------------------------
\1\ Or comparable documentation.
\2\ Estimates will vary depending on number of regulated food
  establishments and the number of inspectors employed by the
  jurisdiction.


                    Table 2--Baseline Data Collection
------------------------------------------------------------------------
                                                            Hours per
            Standard             Recordkeeping activity       record
------------------------------------------------------------------------
No. 9: Program Assessment......  Risk Factor Study and              333
                                  Intervention Strategy
                                  \1\.
------------------------------------------------------------------------
\1\ Calculation based on mean sample size of 39 and average FDA
  inspection time for each establishment type. Estimates will vary
  depending on number of regulated food establishments within a
  jurisdiction and the number of inspectors employed by the
  jurisdiction.


                       Table 3--Verification Audit
------------------------------------------------------------------------
                                                            Hours per
            Activity             Recordkeeping activity       record
------------------------------------------------------------------------
Administrative Procedures......  Verification Audit \1\           46.15
------------------------------------------------------------------------
\1\ We estimate that no more than 50% of time spent to complete self-
  assessment of all nine standards is spent completing verification
  audit worksheets. Time will be considerably less if less than nine
  standards require verification audits.


                                                   Table 4--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Average  burden
                                                                        Number of        Number of       Total annual         per
                              Activity                                recordkeepers     records per        records       recordkeeping     Total Hours
                                                                                        recordkeeper                        (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping for FDA Worksheets \2\...............................             500                1              500            94.29           47,145
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Or comparable documentation.

    FDA bases its estimates of the number of recordkeepers and the 
hours per record on its experience with the Program Standards over the 
past 16 years. As of September 30, 2016, 711 jurisdictions were 
enrolled in the Program Standards. However, based upon the level of 
ongoing support provided by FDA to enrolled jurisdictions and the 
number of forms submitted annually, FDA estimates that no more than 500 
jurisdictions actively participate in the Program Standards during any 
given year. There are approximately 3,000 jurisdictions in the United 
States and its territories that have retail food regulatory programs. 
Enrollment in the Program Standards is voluntary and, therefore, FDA 
does not expect all jurisdictions to participate.
    FDA bases its estimate of the hours per record on the recordkeeping 
estimates for the management tasks of self-assessment, risk factor 
study, and verification audit (tables 1, 2, and 3 of this document) 
that enrolled jurisdictions must perform a total of 471.45 hours (92.3 
+ 333 + 46.15 = 471.45). Enrolled jurisdictions must conduct the work 
described in tables 1, 2, and 3 over a 5-year period. Therefore FDA 
estimates that, annually, 500 recordkeepers will spend 94.29 hours 
(471.45 / 5 = 94.29) performing the required recordkeeping for a total 
of 47,145 hours as shown in table 4.

Reporting

    Previously, FDA required regulatory jurisdictions that participate 
in the Program Standards to submit two forms annually: Form FDA 3519, 
``FDA National Registry Report,'' and Form FDA 3520, ``Permission to 
Publish in National Registry.'' FDA created a new consolidated FDA Form 
3958 that has four parts: Part 1 requires the name and address of the 
jurisdiction; name and contact information for the contact person for 
this jurisdiction; the jurisdictions Web site address and if the 
jurisdiction is willing to serve as an auditor for another 
jurisdiction. Part 2 requires information about enrollment, whether 
this jurisdiction is a new enrollee and the date of enrollment; 
indication whether this jurisdiction would like to be removed from the 
jurisdiction listing; indication of updated findings to the self-
assessment or verification audit. Part 3 requires information about 
self-assessment findings and verification audit findings; dates when 
self-assessment was completed; which standards have been met as 
determined by the self-assessment; which standards have been met as 
verified by a verification audit including the completion dates. Part 4 
requires permission to publish information on FDA's Web site by

[[Page 14372]]

checking the appropriate box(es) to indicate what information FDA may 
publish on the Web site.
    The reporting burden in table 5 includes only the time necessary to 
fill out and send the form, as compiling the underlying information 
(including self-assessment reports, Risk Factor Study data collection, 
outside audits, and supporting documentation) is accounted for under 
the recordkeeping estimates in table 4.
    FDA estimates the reporting burden for this collection of 
information as follows:

                                                     Table 5--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
              Activity                      FDA form            Number of     responses per   Total annual       Average  burden per        Total hours
                                                               respondents     respondent       responses         response  (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submission of ``FDA National         3598..................             500               1             500  0.1 (6 minutes)............              50
 Registry Report''.
Request for documentation of         Conference for Food                500               3           1,500  0.1 (6 minutes)............             150
 successful completion of staff       Protection Training
 training.                            Plan and Log.
                                                            --------------------------------------------------------------------------------------------
    Total..........................  ......................  ..............  ..............  ..............  ...........................             200
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA bases its estimates of the number of respondents and the hours 
per response on its experience with the Program Standards. As explained 
previously in this document, FDA estimates that no more than 500 
Regulatory jurisdictions will participate in the Program Standards in 
any given year. FDA estimates a total of 6 minutes annually for each 
enrolled jurisdiction to complete the form. FDA bases its estimate on 
the small number of data elements on the form and the ease of 
availability of the information. FDA estimates that, annually, 500 
regulatory jurisdictions will submit one Form FDA 3598 for a total of 
500 annual responses. Each submission is estimated to take 0.1 hour (or 
6 minutes) per response for a total of 50 hours. In addition, FDA 
estimates that, annually, 500 regulatory jurisdictions will submit 
three requests for documentation of successful completion of staff 
training using the CFP Training Plan and Log for a total of 1,500 
annual responses. Each submission is estimated to take 0.1 hour (or 6 
minutes) per response for a total of 150 hours. Thus, the total 
reporting burden for this information collection is 200 hours.

    Dated: March 14, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-05414 Filed 3-17-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices                                           14369

                                                  Dated: March 14, 2017.                                comments, that information will be                    will not be disclosed except in
                                                Leslie Kux,                                             posted on https://www.regulations.gov.                accordance with 21 CFR 10.20 and other
                                                Associate Commissioner for Policy.                        • If you want to submit a comment                   applicable disclosure law. For more
                                                [FR Doc. 2017–05415 Filed 3–17–17; 8:45 am]             with confidential information that you                information about FDA’s posting of
                                                BILLING CODE 4164–01–P
                                                                                                        do not wish to be made available to the               comments to public dockets, see 80 FR
                                                                                                        public, submit the comment as a                       56469, September 18, 2015, or access
                                                                                                        written/paper submission and in the                   the information at: https://www.gpo.gov/
                                                DEPARTMENT OF HEALTH AND                                manner detailed (see ‘‘Written/Paper                  fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                HUMAN SERVICES                                          Submissions’’ and ‘‘Instructions’’).                  23389.pdf.
                                                                                                        Written/Paper Submissions                                Docket: For access to the docket to
                                                Food and Drug Administration                                                                                  read background documents or the
                                                                                                           Submit written/paper submissions as                electronic and written/paper comments
                                                [Docket No. FDA–2011–N–0017]                            follows:                                              received, go to https://
                                                                                                           • Mail/Hand delivery/Courier (for                  www.regulations.gov and insert the
                                                Agency Information Collection
                                                                                                        written/paper submissions): Division of               docket number, found in brackets in the
                                                Activities; Proposed Collection;
                                                                                                        Dockets Management (HFA–305), Food                    heading of this document, into the
                                                Comment Request; Voluntary National
                                                                                                        and Drug Administration, 5630 Fishers                 ‘‘Search’’ box and follow the prompts
                                                Retail Food Regulatory Program
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.                  and/or go to the Division of Dockets
                                                Standards                                                  • For written/paper comments
                                                                                                                                                              Management, 5630 Fishers Lane, Rm.
                                                AGENCY:    Food and Drug Administration,                submitted to the Division of Dockets
                                                                                                                                                              1061, Rockville, MD 20852.
                                                HHS.                                                    Management, FDA will post your
                                                                                                        comment, as well as any attachments,                  FOR FURTHER INFORMATION CONTACT: FDA
                                                ACTION:   Notice.
                                                                                                        except for information submitted,                     PRA Staff, Office of Operations, Food
                                                SUMMARY:   The Food and Drug                            marked and identified, as confidential,               and Drug Administration, Three White
                                                Administration (FDA or we) is                           if submitted as detailed in                           Flint North, 10A63, 11601 Landsdown
                                                announcing an opportunity for public                    ‘‘Instructions.’’                                     St., North Bethesda, MD 20852,
                                                comment on the proposed collection of                      Instructions: All submissions received             PRAStaff@fda.hhs.gov.
                                                certain information by the Agency.                      must include the Docket No. FDA–                      SUPPLEMENTARY INFORMATION: Under the
                                                Under the Paperwork Reduction Act of                    2011–N–0017 for ‘‘Agency Information                  PRA (44 U.S.C. 3501–3520), Federal
                                                1995 (the PRA), Federal Agencies are                    Collection Activities; Proposed                       Agencies must obtain approval from the
                                                required to publish notice in the                       Collection; Comment Request;                          Office of Management and Budget
                                                Federal Register concerning each                        Voluntary National Retail Food                        (OMB) for each collection of
                                                proposed collection of information,                     Regulatory Program Standards.’’                       information they conduct or sponsor.
                                                including each proposed extension of an                 Received comments will be placed in                   ‘‘Collection of information’’ is defined
                                                existing collection of information, and                 the docket and, except for those                      in 44 U.S.C. 3502(3) and 5 CFR
                                                to allow 60 days for public comment in                  submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                                response to the notice. This notice                     Submissions,’’ publicly viewable at                   or requirements that members of the
                                                solicits comments on the information                    https://www.regulations.gov or at the                 public submit reports, keep records, or
                                                collection provisions of the Voluntary                  Division of Dockets Management                        provide information to a third party.
                                                National Retail Food Regulatory                         between 9 a.m. and 4 p.m., Monday                     Section 3506(c)(2)(A) of the PRA (44
                                                Program Standards.                                      through Friday.                                       U.S.C. 3506(c)(2)(A)) requires Federal
                                                DATES: Submit either electronic or                         • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                                written comments on the collection of                   submit a comment with confidential                    the Federal Register concerning each
                                                information by May 19, 2017.                            information that you do not wish to be                proposed collection of information,
                                                ADDRESSES: You may submit comments                      made publicly available, submit your                  including each proposed extension of an
                                                as follows:                                             comments only as a written/paper                      existing collection of information,
                                                                                                        submission. You should submit two                     before submitting the collection to OMB
                                                Electronic Submissions                                  copies total. One copy will include the               for approval. To comply with this
                                                  Submit electronic comments in the                     information you claim to be confidential              requirement, FDA is publishing notice
                                                following way:                                          with a heading or cover note that states              of the proposed collection of
                                                  • Federal eRulemaking Portal:                         ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                                https://www.regulations.gov. Follow the                 CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                                instructions for submitting comments.                   Agency will review this copy, including               collection of information, FDA invites
                                                Comments submitted electronically,                      the claimed confidential information, in              comments on these topics: (1) Whether
                                                including attachments, to https://                      its consideration of comments. The                    the proposed collection of information
                                                www.regulations.gov will be posted to                   second copy, which will have the                      is necessary for the proper performance
                                                the docket unchanged. Because your                      claimed confidential information                      of FDA’s functions, including whether
                                                comment will be made public, you are                    redacted/blacked out, will be available               the information will have practical
                                                solely responsible for ensuring that your               for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                                comment does not include any                            https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                                confidential information that you or a                  both copies to the Division of Dockets                collection of information, including the
                                                third party may not wish to be posted,                  Management. If you do not wish your                   validity of the methodology and
sradovich on DSK3GMQ082PROD with NOTICES




                                                such as medical information, your or                    name and contact information to be                    assumptions used; (3) ways to enhance
                                                anyone else’s Social Security number, or                made publicly available, you can                      the quality, utility, and clarity of the
                                                confidential business information, such                 provide this information on the cover                 information to be collected; and (4)
                                                as a manufacturing process. Please note                 sheet and not in the body of your                     ways to minimize the burden of the
                                                that if you include your name, contact                  comments and you must identify this                   collection of information on
                                                information, or other information that                  information as ‘‘confidential.’’ Any                  respondents, including through the use
                                                identifies you in the body of your                      information marked as ‘‘confidential’’                of automated collection techniques,


                                           VerDate Sep<11>2014   18:36 Mar 17, 2017   Jkt 241001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\20MRN1.SGM   20MRN1


                                                14370                           Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices

                                                when appropriate, and other forms of                       jurisdiction, records that are kept as a                completion of the following three
                                                information technology.                                    usual and customary part of normal                      management tasks outlined in the
                                                                                                           Agency activities include inspection                    Program Standards: (1) Conducting a
                                                Voluntary National Retail Food
                                                                                                           records, written quality assurance                      program self-assessment; (2) conducting
                                                Regulatory Program Standards
                                                                                                           procedures, records of quality assurance                a risk factor study of the regulated
                                                OMB Control Number 0910–0621—                              checks, staff training certificates and                 industry; and (3) obtaining an
                                                Extension                                                  other training records, a log or database               independent outside audit (verification
                                                   The Voluntary National Retail Food                      of food-related illness or injury                       audit). The results are reported on forms
                                                Regulatory Program Standards (the                          complaints, records of investigations                   formerly known as Form FDA 3519 and
                                                Program Standards) define nine                             resulting from such complaints, an                      Form FDA 3520. Currently FDA is
                                                essential elements of an effective                         inventory of inspection equipment,                      working to consolidate both Forms FDA
                                                regulatory program for retail food                         records of outside audits, and records of               3519 ‘‘FDA National Registry Report’’
                                                establishments, establish basic quality                    outreach efforts (e.g., meeting agendas                 and FDA 3520 ‘‘Permission to Publish
                                                control criteria for each element, and                     and minutes, documentation of food                      in National Registry’’ into one form
                                                provide a means of recognition for the                     safety education activities). No new                    thereby reducing the burden by 50
                                                State, local, territorial, tribal and                      recordkeeping burden is associated with                 percent. The new Form FDA 3958 will
                                                Federal regulatory programs that meet                      these existing records, which are                       be provided in the Program Standards
                                                the Program Standards. The program                         already a part of usual and customary                   document, and will also be provided on
                                                elements addressed by the Program                          program recordkeeping activities by                     FDA’s Web site at: http://www.fda.gov/
                                                Standards are as follows: (1) Regulatory                   State, local, territorial, tribal and                   Food/GuidanceRegulation/
                                                foundation; (2) trained regulatory staff;                  Federal regulatory agencies, and which                  RetailFoodProtection/
                                                (3) inspection program based on Hazard                     can serve as quality records under the                  ProgramStandards/default.htm. If a
                                                Analysis and Critical Control Point                        Program Standards.                                      regulatory agency follows all the
                                                (HACCP) principles; (4) uniform                               In April 2016, the Conference for                    recordkeeping recommendations in the
                                                inspection program, (5) foodborne                          Food Protection (CFP) recommended                       individual standards and their sample
                                                illness and food defense preparedness                      that FDA make a change in Program                       worksheets, it will have all the
                                                and response; (6) compliance and                           Standard #4—Uniform Inspection                          information needed to complete the
                                                enforcement; (7) industry and                              Program, more specifically to change                    forms.
                                                community relations; (8) program                           Program Standard #4’s Program Self-
                                                support and resources; and (9) program                     Assessment and Verification Audit                       Recordkeeping
                                                assessment. Each standard includes a                       Form. Once changes have been
                                                                                                                                                                      FDA’s recordkeeping burden estimate
                                                list of records needed to document                         incorporated into the 2017 version, it
                                                                                                                                                                   includes time required for a state, local,
                                                conformance with the standard (referred                    will be available on FDA’s Web site.
                                                                                                              With this change, in order to achieve                territorial, tribal, or Federal agency to
                                                to in the Program Standards document                                                                               review the instructions in the Program
                                                as ‘‘quality records’’) and has one or                     conformance to Program Standard #4,
                                                                                                           jurisdictions must achieve an overall                   Standards, compile information from
                                                more corresponding forms and
                                                                                                           inspection program performance rating                   existing sources, and create any records
                                                worksheets to facilitate the collection of
                                                                                                           for 20 elements as opposed to 10                        recommended in the Program Standards
                                                information needed to assess the retail
                                                                                                           elements that were previously required.                 that are not already kept in the normal
                                                food regulatory program against that
                                                                                                           The previous 10 elements had several                    course of the agency’s usual and
                                                standard. The respondents are State,
                                                                                                           criteria under one program element. The                 customary activities. Sample worksheets
                                                local, territorial, tribal, and potentially
                                                                                                           change to 20 elements allows the                        are provided to assist in this
                                                other Federal regulatory agencies.
                                                                                                           Standard to clearly delineate out each                  compilation. In estimating the time
                                                Regulatory agencies may use existing
                                                                                                           criterion individually rather than having               needed for the program self-assessment
                                                available records or may choose to
                                                                                                           several criteria under one program                      (Program Standards 1 through 8, shown
                                                develop and use alternate forms and
                                                worksheets that capture the same                           element. This streamlines and clarifies                 in table 1), FDA considered responses
                                                information.                                               the process in meeting the Standard. As                 from four State and three local
                                                   In the course of their normal                           a result, the assessment review of each                 jurisdictions that participated in an FDA
                                                activities, State, local, territorial, tribal,             inspector’s work will now be required                   Program Standards Pilot study. Table 2
                                                and Federal regulatory agencies already                    for three joint inspections as opposed to               shows the estimated recordkeeping
                                                collect and keep on file many of the                       the previously required two.                            burden for the completion of the
                                                records needed as quality records to                          State, local, territorial, tribal and                baseline data collection, and table 3
                                                document compliance with each of the                       Federal regulatory agencies that enroll                 shows the estimated recordkeeping
                                                Program Standards. Although the detail                     in the Program Standards and seek                       burden for the verification audit.
                                                and format in which this information is                    listing in the FDA National Registry are                   FDA estimates the burden of this
                                                collected and recorded may vary by                         required to report to FDA on the                        collection of information as follows:

                                                                                                                  TABLE 1—SELF-ASSESSMENT
                                                                                                                                                                                                           Hours per
                                                                    Standard                                                              Recordkeeping activity                                            record
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                                                No. 1: Regulatory Foundation ....................      Self-Assessment: Completion of worksheet recording results of evaluations and com-                         16
                                                                                                         parison on worksheets 1.
                                                No. 2: Trained Regulatory Staff .................      Self-Assessment: Completion of CFP Field Training Manual and Documentation of                             19.3
                                                                                                         Successful Completion—Field Training Process; completion of summary worksheet
                                                                                                         of each employee training records 1 2.
                                                No. 3: HACCP Principles ...........................    Self-Assessment: Completion of worksheet documentation 1 ........................................               4




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                                                                                       Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices                                                                                                       14371

                                                                                                                      TABLE 1—SELF-ASSESSMENT—Continued
                                                                                                                                                                                                                                                                Hours per
                                                                       Standard                                                                                     Recordkeeping activity                                                                       record

                                                No. 4: Uniform Inspection Program ...........                      Self-Assessment: Completion of worksheet documentation of jurisdiction’s quality as-                                                                    19
                                                                                                                     surance procedures 1 2.
                                                No. 5: Foodborne Illness Investigation ......                      Self-Assessment: Completion of worksheet documentation 1 ........................................                                                        5
                                                No. 6: Compliance Enforcement ................                     Self-Assessment: Selection and review of 20 to 70 establishment files at 25 minutes                                                                     19
                                                                                                                     per file. Estimate is based on a mean number of 45. Completion of worksheet 1.
                                                No. 7: Industry & Community Relations ....                         Self-Assessment: Completion of worksheet 1 .................................................................                                              2
                                                No. 8: Program Support and Resources ...                           Self-Assessment: Selection and review of establishment files 1 ....................................                                                       8

                                                     Total ....................................................    .........................................................................................................................................             92.3
                                                   1 Or   comparable documentation.
                                                   2 Estimates  will vary depending on number of regulated food establishments and the number of inspectors employed by the jurisdiction.

                                                                                                                         TABLE 2—BASELINE DATA COLLECTION
                                                                                                                                                                                                                                                               Hours per
                                                                       Standard                                                                                   Recordkeeping activity                                                                        record

                                                No. 9: Program Assessment .....................                   Risk Factor Study and Intervention Strategy 1 .............................................................                                     333
                                                   1 Calculation
                                                              based on mean sample size of 39 and average FDA inspection time for each establishment type. Estimates will vary depending
                                                on number of regulated food establishments within a jurisdiction and the number of inspectors employed by the jurisdiction.

                                                                                                                                 TABLE 3—VERIFICATION AUDIT
                                                                                                                                                                                                                                                               Hours per
                                                                        Activity                                                                                  Recordkeeping activity                                                                        record

                                                Administrative Procedures ........................                Verification Audit 1 ........................................................................................................                  46.15
                                                   1 Weestimate that no more than 50% of time spent to complete self-assessment of all nine standards is spent completing verification audit
                                                worksheets. Time will be considerably less if less than nine standards require verification audits.

                                                                                                       TABLE 4—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                                                                                   Average
                                                                                                                                                                           Number of
                                                                                                                                              Number of                                              Total annual                 burden per
                                                                                     Activity                                                                             records per                                                                          Total Hours
                                                                                                                                            recordkeepers                                              records                  recordkeeping
                                                                                                                                                                         recordkeeper                                               (hours)

                                                Recordkeeping for FDA Worksheets 2 .................................                                 500                           1                        500                        94.29                     47,145
                                                   1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 Or comparable documentation.




                                                  FDA bases its estimates of the number                                  verification audit (tables 1, 2, and 3 of                                      contact information for the contact
                                                of recordkeepers and the hours per                                       this document) that enrolled                                                   person for this jurisdiction; the
                                                record on its experience with the                                        jurisdictions must perform a total of                                          jurisdictions Web site address and if the
                                                Program Standards over the past 16                                       471.45 hours (92.3 + 333 + 46.15 =                                             jurisdiction is willing to serve as an
                                                years. As of September 30, 2016, 711                                     471.45). Enrolled jurisdictions must                                           auditor for another jurisdiction. Part 2
                                                jurisdictions were enrolled in the                                       conduct the work described in tables 1,                                        requires information about enrollment,
                                                Program Standards. However, based                                        2, and 3 over a 5-year period. Therefore                                       whether this jurisdiction is a new
                                                upon the level of ongoing support                                        FDA estimates that, annually, 500                                              enrollee and the date of enrollment;
                                                provided by FDA to enrolled                                              recordkeepers will spend 94.29 hours                                           indication whether this jurisdiction
                                                jurisdictions and the number of forms                                    (471.45 ÷ 5 = 94.29) performing the                                            would like to be removed from the
                                                submitted annually, FDA estimates that                                   required recordkeeping for a total of                                          jurisdiction listing; indication of
                                                no more than 500 jurisdictions actively                                  47,145 hours as shown in table 4.
                                                                                                                                                                                                        updated findings to the self-assessment
                                                participate in the Program Standards
                                                                                                                         Reporting                                                                      or verification audit. Part 3 requires
                                                during any given year. There are
                                                approximately 3,000 jurisdictions in the                                   Previously, FDA required regulatory                                          information about self-assessment
                                                United States and its territories that                                   jurisdictions that participate in the                                          findings and verification audit findings;
                                                                                                                         Program Standards to submit two forms                                          dates when self-assessment was
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                                                have retail food regulatory programs.
                                                Enrollment in the Program Standards is                                   annually: Form FDA 3519, ‘‘FDA                                                 completed; which standards have been
                                                voluntary and, therefore, FDA does not                                   National Registry Report,’’ and Form                                           met as determined by the self-
                                                expect all jurisdictions to participate.                                 FDA 3520, ‘‘Permission to Publish in                                           assessment; which standards have been
                                                  FDA bases its estimate of the hours                                    National Registry.’’ FDA created a new                                         met as verified by a verification audit
                                                per record on the recordkeeping                                          consolidated FDA Form 3958 that has                                            including the completion dates. Part 4
                                                estimates for the management tasks of                                    four parts: Part 1 requires the name and                                       requires permission to publish
                                                self-assessment, risk factor study, and                                  address of the jurisdiction; name and                                          information on FDA’s Web site by


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                                                14372                                    Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices

                                                checking the appropriate box(es) to                                      out and send the form, as compiling the                                      for under the recordkeeping estimates in
                                                indicate what information FDA may                                        underlying information (including self-                                      table 4.
                                                publish on the Web site.                                                 assessment reports, Risk Factor Study                                          FDA estimates the reporting burden
                                                  The reporting burden in table 5                                        data collection, outside audits, and                                         for this collection of information as
                                                includes only the time necessary to fill                                 supporting documentation) is accounted                                       follows:

                                                                                                            TABLE 5—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                                                Average
                                                                                                                                                                      Number of
                                                                                                                                           Number of                                            Total annual                  burden per
                                                             Activity                                   FDA form                                                    responses per                                                                       Total hours
                                                                                                                                          respondents                                            responses                     response
                                                                                                                                                                      respondent                                                (hours)

                                                Submission of ‘‘FDA Na-                   3598 ..................................                          500                           1                       500      0.1 (6 minutes)                         50
                                                  tional Registry Report’’.
                                                Request for documentation                 Conference for Food Pro-                                         500                            3                  1,500        0.1 (6 minutes)                        150
                                                  of successful completion                  tection Training Plan
                                                  of staff training.                        and Log.

                                                     Total ...........................     ...........................................   ........................   ........................   ........................   ...........................            200
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  FDA bases its estimates of the number                                  DEPARTMENT OF HEALTH AND                                                     Proposed Project: Notification of Intent
                                                of respondents and the hours per                                         HUMAN SERVICES                                                               To Use Schedule III, IV, or V Opioid
                                                response on its experience with the                                                                                                                   Drugs for the Maintenance and
                                                Program Standards. As explained                                          Substance Abuse and Mental Health                                            Detoxification Treatment of Opiate
                                                previously in this document, FDA                                         Services Administration                                                      Addiction by a ‘‘Qualifying Other
                                                estimates that no more than 500                                                                                                                       Practitioner’’—(OMB No. 0930–0369)—
                                                Regulatory jurisdictions will participate                                Agency Information Collection                                                Revision
                                                in the Program Standards in any given                                    Activities: Proposed Collection;                                                The Substance Abuse and Mental
                                                year. FDA estimates a total of 6 minutes                                 Comment Request                                                              Health Services Administration
                                                annually for each enrolled jurisdiction                                                                                                               (SAMHSA) is requesting a revision from
                                                                                                                           In compliance with Section                                                 the Office of Management and Budget
                                                to complete the form. FDA bases its
                                                                                                                         3506(c)(2)(A) of the Paperwork                                               (OMB) for approval of the Notification
                                                estimate on the small number of data
                                                                                                                         Reduction Act of 1995 concerning                                             of Intent to Use Schedule III, IV, or V
                                                elements on the form and the ease of
                                                                                                                         opportunity for public comment on                                            Opioid Drugs for the Maintenance and
                                                availability of the information. FDA
                                                                                                                         proposed collections of information, the                                     Detoxification Treatment of Opiate
                                                estimates that, annually, 500 regulatory
                                                                                                                         Substance Abuse and Mental Health                                            Addiction by a ‘‘Qualifying Other
                                                jurisdictions will submit one Form FDA
                                                                                                                         Services Administration (SAMHSA)                                             Practitioner. The Notification of Intent
                                                3598 for a total of 500 annual responses.
                                                                                                                         will publish periodic summaries of                                           would allow SAMHSA to determine
                                                Each submission is estimated to take 0.1
                                                                                                                         proposed projects. To request more                                           whether other practitioners are eligible
                                                hour (or 6 minutes) per response for a                                                                                                                to prescribe certain approved narcotic
                                                                                                                         information on the proposed projects or
                                                total of 50 hours. In addition, FDA                                                                                                                   treatment medications for the
                                                                                                                         to obtain a copy of the information
                                                estimates that, annually, 500 regulatory                                                                                                              maintenance or detoxification treatment
                                                                                                                         collection plans, call the SAMHSA
                                                jurisdictions will submit three requests                                                                                                              of opioid addiction.
                                                                                                                         Reports Clearance Officer on (240) 276–
                                                for documentation of successful                                                                                                                          This Notification of Intent is a result
                                                                                                                         1243.
                                                completion of staff training using the                                                                                                                of the Comprehensive Addiction and
                                                CFP Training Plan and Log for a total of                                   Comments are invited on: (a) Whether                                       Recovery Act (Pub. L. 114–198), which
                                                1,500 annual responses. Each                                             the proposed collections of information                                      was signed into law on July 22, 2016.
                                                submission is estimated to take 0.1 hour                                 are necessary for the proper                                                 The law establishes criteria for nurse
                                                (or 6 minutes) per response for a total                                  performance of the functions of the                                          practitioners (NPs) and physician
                                                of 150 hours. Thus, the total reporting                                  agency, including whether the                                                assistants (PAs) to qualify for a waiver
                                                burden for this information collection is                                information shall have practical utility;                                    to prescribe covered medications. To be
                                                200 hours.                                                               (b) the accuracy of the agency’s estimate                                    eligible for a waiver, the NP or PA must:
                                                                                                                         of the burden of the proposed collection                                     Be licensed under State law to prescribe
                                                  Dated: March 14, 2017.                                                                                                                              schedule III, IV, or V medications for the
                                                                                                                         of information; (c) ways to enhance the
                                                Leslie Kux,                                                              quality, utility, and clarity of the                                         treatment of pain; fulfill qualification
                                                Associate Commissioner for Policy.                                       information to be collected; and (d)                                         requirements in the law for training and
                                                [FR Doc. 2017–05414 Filed 3–17–17; 8:45 am]                              ways to minimize the burden of the                                           experience; and fulfill qualification
                                                BILLING CODE 4164–01–P                                                   collection of information on                                                 requirements in the law for appropriate
                                                                                                                         respondents, including through the use                                       supervision by a qualifying physician.
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                                                                                                                         of automated collection techniques or                                        SAMHSA has the responsibility to
                                                                                                                                                                                                      receive, review, approve, or deny waiver
                                                                                                                         other forms of information technology.
                                                                                                                                                                                                      requests.
                                                                                                                                                                                                         Practitioners who meet the statutory
                                                                                                                                                                                                      requirements will be eligible to
                                                                                                                                                                                                      prescribe only those opioid treatment
                                                                                                                                                                                                      medications that are controlled in
                                                                                                                                                                                                      Schedules III, IV, or V, under the


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Document Created: 2017-03-18 01:11:14
Document Modified: 2017-03-18 01:11:14
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 May 19, 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 14369 

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