82_FR_18727 82 FR 18652 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements

82 FR 18652 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 75 (April 20, 2017)

Page Range18652-18654
FR Document2017-07965

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (PRA).

Federal Register, Volume 82 Issue 75 (Thursday, April 20, 2017)
[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Notices]
[Pages 18652-18654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07965]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Current Good 
Manufacturing Practice in Manufacturing, Packaging, Labeling, or 
Holding Operations for Dietary Supplements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995 (PRA).

DATES: Fax written comments on the collection of information by May 22, 
2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0606. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of 
Operations, Food and Drug Administration, Three White Flint North, 
10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-3794.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

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

    On October 25, 1994, the Dietary Supplement Health and Education 
Act (DSHEA) (Pub. L. 103-417) was signed into law. DSHEA, among other 
things, amended the Federal Food, Drug, and Cosmetic Act (the FD&C Act) 
by adding section 402(g) of the FD&C Act (21 U.S.C. 342(g)). Section 
402(g)(2) of the FD&C Act provides, in part, that the Secretary of 
Health and Human Services may, by regulation, prescribe good 
manufacturing practices for dietary supplements. Section 402(g) of the 
FD&C Act also stipulates that such regulations will be modeled after 
current good manufacturing practice (CGMP) regulations for food and may 
not impose standards for which there are no current, and generally 
available, analytical methodology. Section 402(g)(1) of the FD&C Act 
states that a dietary supplement is adulterated if ``it has been 
prepared, packed, or held under conditions that do not meet current 
good manufacturing practice regulations.'' Under section 701(a) of the 
FD&C Act (21 U.S.C. 371(a)), FDA may issue regulations necessary for 
the efficient enforcement of the FD&C Act. In the Federal Register of 
June 25, 2007 (72 FR 34752), (the June 25, 2007, final rule), FDA 
published a final rule that established, in part 111 (21 CFR part 111), 
the minimum CGMP necessary for activities related to manufacturing, 
packaging, labeling, or holding dietary supplements to ensure the 
quality of the dietary supplement.
    Records are an indispensable component of CGMP. The records 
required by FDA's regulations in part 111 provide the foundation for 
the planning, control, and improvement processes that constitute a 
quality control system. Implementation of these processes in a 
manufacturing operation serves as the backbone to CGMP. The records 
show what is to be manufactured; what was, in fact, manufactured; and 
whether the controls that the manufacturer put in place to ensure the 
identity, purity, strength, and composition and limits on contaminants 
and to prevent adulteration were effective. Further, records will show 
whether and what deviations from control processes occurred, facilitate 
evaluation and corrective action concerning these deviations 
(including, where necessary, whether associated batches of product 
should be recalled from the marketplace), and enable a manufacturer to 
assure that the corrective action was effective. In addition, by 
establishing recordkeeping requirements, FDA can ensure that industry 
follows CGMP during manufacturing, packaging, labeling, or holding 
operations. The regulations in part 111 establish the minimum 
manufacturing practices necessary to ensure that dietary supplements 
are manufactured, packaged, labeled, or held in a manner that will 
ensure the quality of the dietary supplements during manufacturing, 
packaging, labeling or holding operations.
    The recordkeeping requirements of the regulations include 
establishing written procedures and maintaining records pertaining to: 
(1) Personnel; (2) sanitation; (3) calibration of instruments and 
controls; (4) calibration, inspection, or checks of automated, 
mechanical, or electronic equipment; (5) maintaining, cleaning, and 
sanitizing equipment and utensils and other contact surfaces; (6) water 
used that may become a component of the dietary supplement; (7) 
production and process controls; (8) quality control; (9) components, 
packaging, labels and product received for packaging and labeling; (10) 
master manufacturing and batch production; (11) laboratory operations; 
(12) manufacturing operations; (13) packaging and labeling operations; 
(14) holding and distributing operations; (15) returned dietary 
supplements; and (16) product complaints.
    Description of Respondents: Manufacturers, dietary supplement 
manufacturers, packagers and repackagers, labelers and re-labelers, 
holders, distributors, warehousers, exporters, importers, large 
businesses, and small businesses engaged in the dietary supplement 
industry.
    The recordkeeping requirements of the regulations in part 111 are 
set forth in each subpart. In table 1, we list the annual burdens 
associated with recordkeeping, as described in the June 25, 2007, final 
rule. For some provisions listed in table 1, we did not estimate the 
number of records per recordkeeper because recordkeeping occasions 
consist of frequent brief entries of dates, temperatures, monitoring 
results, or documentation that specific actions were taken. Information 
might be recorded a few times a day, week, or month. When the records 
burden involves frequent brief entries, we entered 1 as the default for 
the number of records per recordkeeper. For example, many of the 
records listed under Sec.  111.35 in table 1, such as Sec.  
111.35(b)(2) (documentation, in individual equipment logs, of the date 
of the use, maintenance, cleaning, and sanitizing of equipment), 
involve many

[[Page 18653]]

short sporadic entries over the course of the year, varying across 
equipment and plants in the industry. We did not attempt to estimate 
the actual number of recordkeeping occasions for these provisions, but 
instead entered an estimate of the average number of hours per year. We 
entered the default value of 1 as the number of records per 
recordkeeper for these and similar provisions. For Sec.  111.35, the 
entry for number of records is 1 as a default representing a large 
number of brief recordkeeping occasions.
    In many rows of table 1, we list a burden under a single provision 
that covers the written procedures or records described in several 
provisions. For example, the burden of the batch production records 
listed in table 1 under Sec.  111.260 includes the burden for records 
listed under Sec.  111.255 because the batch production records must 
include those records.
    The number of records for batch production records (and other 
records kept on a batch basis in table 1) equals the annual number of 
batches. The estimated burden for records kept by batch includes both 
records kept for every batch and records kept for some but not all 
batches. We use the annual number of batches as the number of records 
that will not necessarily be kept for every batch, such as test results 
or material review and disposition records, because such records are 
part of records, if they are necessary, that will be kept for every 
batch.
    In the Federal Register of September 29, 2016 (81 FR 66967), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received comments from two commenters.
    (Comment 1) One commenter had concerns about whether the processes 
being used to assess the contents of supplements are genuine and 
accurate and how this is regulated; whether records regarding labeling 
indicate what is actually contained in a supplement; and whether these 
records will be available to the public.
    These comments appear to address PRA issues of practical utility 
and ways to enhance the quality, utility, and clarity of the 
information to be collected.
    (Response 1) In this collection of information, FDA is evaluating 
the burden of retaining records and making them available to regulatory 
officials, but not the burden for proactively submitting them to FDA. 
FDA reviews the records maintained while conducting an investigation 
(e.g., during a facility inspection and during the followup 
communication until a particular investigation is closed out). The 
investigation of a particular firm by FDA is exempt from the PRA and is 
not included as part of the burden estimate. The required elements of 
labeling are part of different regulations and do not apply to this 
collection of information. The commenter also discussed the safety of a 
particular product but CGMP regulations deal with establishing a 
quality product, not necessarily a safe product. Finally, the commenter 
discussed allowing the records maintained to be made public. These 
records are required to be maintained by the firm and are not 
proactively submitted to FDA, but they are required to be made 
available to FDA during inspections. If FDA obtains these records 
during the investigation of a firm, the public can submit a Freedom of 
Information Act request but the document they would typically receive 
would be redacted because the records are the property of the firm.
    (Comment 2) The second commenter stated that the labeling on 
dietary supplement products should be consistent and FDA regulated, the 
term ``healthy'' should be required to have a standard meaning, and 
``healthy'' should not be allowed to be used unless it meets FDA 
requirements of the term.
    (Response 2) The recordkeeping for CGMPs has nothing to do with the 
required elements of food and dietary supplement labeling, which are 
covered under FDA's labeling regulations. FDA recently published, on 
May 27, 2016, a final rule for Nutrition (and Supplement) Facts Labels 
(81 FR 33741), and is currently reviewing new requirements for labeling 
your food ``healthy''. This information collection for CGMP addresses 
recordkeeping for specifications for a label and labeling operations.
    FDA estimates the burden of this collection of information as 
follows:

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

[[Page 18654]]

 
111.535, Records for returned dietary                     110               4             440  13.5.....................................           5,940
 supplements.
111.570, Records regarding product complaints             240             600         144,000  0.5 (30 minutes).........................          72,000
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................         929,140
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

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

    Dated: April 14, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-07965 Filed 4-19-17; 8:45 am]
BILLING CODE 4164-01-P



                                                    18652                         Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices

                                                    Leroy A. Richardson,                                    Current Good Manufacturing Practice                   corrective action was effective. In
                                                    Chief, Information Collection Review Office,            in Manufacturing, Packaging, Labeling,                addition, by establishing recordkeeping
                                                    Office of Scientific Integrity, Office of the           or Holding Operations for Dietary                     requirements, FDA can ensure that
                                                    Associate Director for Science, Office of the           Supplements—21 CFR Part 111; OMB                      industry follows CGMP during
                                                    Director, Centers for Disease Control and               Control Number 0910–0606—Extension                    manufacturing, packaging, labeling, or
                                                    Prevention.                                                                                                   holding operations. The regulations in
                                                    [FR Doc. 2017–07963 Filed 4–19–17; 8:45 am]
                                                                                                               On October 25, 1994, the Dietary
                                                                                                            Supplement Health and Education Act                   part 111 establish the minimum
                                                    BILLING CODE 4163–18–P
                                                                                                            (DSHEA) (Pub. L. 103–417) was signed                  manufacturing practices necessary to
                                                                                                            into law. DSHEA, among other things,                  ensure that dietary supplements are
                                                                                                            amended the Federal Food, Drug, and                   manufactured, packaged, labeled, or
                                                    DEPARTMENT OF HEALTH AND                                                                                      held in a manner that will ensure the
                                                    HUMAN SERVICES                                          Cosmetic Act (the FD&C Act) by adding
                                                                                                            section 402(g) of the FD&C Act (21                    quality of the dietary supplements
                                                                                                            U.S.C. 342(g)). Section 402(g)(2) of the              during manufacturing, packaging,
                                                    Food and Drug Administration                                                                                  labeling or holding operations.
                                                                                                            FD&C Act provides, in part, that the
                                                                                                                                                                     The recordkeeping requirements of
                                                    [Docket No. FDA–2013–N–1619]                            Secretary of Health and Human Services
                                                                                                                                                                  the regulations include establishing
                                                                                                            may, by regulation, prescribe good
                                                                                                                                                                  written procedures and maintaining
                                                    Agency Information Collection                           manufacturing practices for dietary
                                                                                                                                                                  records pertaining to: (1) Personnel; (2)
                                                    Activities; Submission for Office of                    supplements. Section 402(g) of the
                                                                                                                                                                  sanitation; (3) calibration of instruments
                                                    Management and Budget Review;                           FD&C Act also stipulates that such
                                                                                                                                                                  and controls; (4) calibration, inspection,
                                                    Comment Request; Current Good                           regulations will be modeled after                     or checks of automated, mechanical, or
                                                    Manufacturing Practice in                               current good manufacturing practice                   electronic equipment; (5) maintaining,
                                                    Manufacturing, Packaging, Labeling, or                  (CGMP) regulations for food and may                   cleaning, and sanitizing equipment and
                                                    Holding Operations for Dietary                          not impose standards for which there                  utensils and other contact surfaces; (6)
                                                    Supplements                                             are no current, and generally available,              water used that may become a
                                                                                                            analytical methodology. Section                       component of the dietary supplement;
                                                    AGENCY:    Food and Drug Administration,                402(g)(1) of the FD&C Act states that a               (7) production and process controls; (8)
                                                    HHS.                                                    dietary supplement is adulterated if ‘‘it             quality control; (9) components,
                                                                                                            has been prepared, packed, or held                    packaging, labels and product received
                                                    ACTION:   Notice.
                                                                                                            under conditions that do not meet                     for packaging and labeling; (10) master
                                                    SUMMARY:   The Food and Drug                            current good manufacturing practice                   manufacturing and batch production;
                                                    Administration (FDA) is announcing                      regulations.’’ Under section 701(a) of the            (11) laboratory operations; (12)
                                                    that a proposed collection of                           FD&C Act (21 U.S.C. 371(a)), FDA may                  manufacturing operations; (13)
                                                    information has been submitted to the                   issue regulations necessary for the                   packaging and labeling operations; (14)
                                                    Office of Management and Budget                         efficient enforcement of the FD&C Act.                holding and distributing operations; (15)
                                                    (OMB) for review and clearance under                    In the Federal Register of June 25, 2007              returned dietary supplements; and (16)
                                                    the Paperwork Reduction Act of 1995                     (72 FR 34752), (the June 25, 2007, final              product complaints.
                                                    (PRA).                                                  rule), FDA published a final rule that                   Description of Respondents:
                                                                                                            established, in part 111 (21 CFR part                 Manufacturers, dietary supplement
                                                    DATES:  Fax written comments on the                     111), the minimum CGMP necessary for                  manufacturers, packagers and
                                                    collection of information by May 22,                    activities related to manufacturing,                  repackagers, labelers and re-labelers,
                                                    2017.                                                   packaging, labeling, or holding dietary               holders, distributors, warehousers,
                                                                                                            supplements to ensure the quality of the              exporters, importers, large businesses,
                                                    ADDRESSES:   To ensure that comments on                 dietary supplement.                                   and small businesses engaged in the
                                                    the information collection are received,                   Records are an indispensable                       dietary supplement industry.
                                                    OMB recommends that written                             component of CGMP. The records                           The recordkeeping requirements of
                                                    comments be faxed to the Office of                      required by FDA’s regulations in part                 the regulations in part 111 are set forth
                                                    Information and Regulatory Affairs,                     111 provide the foundation for the                    in each subpart. In table 1, we list the
                                                    OMB, Attn: FDA Desk Officer, FAX:                       planning, control, and improvement                    annual burdens associated with
                                                    202–395–7285, or emailed to oira_                       processes that constitute a quality                   recordkeeping, as described in the June
                                                    submission@omb.eop.gov. All                             control system. Implementation of these               25, 2007, final rule. For some provisions
                                                    comments should be identified with the                  processes in a manufacturing operation                listed in table 1, we did not estimate the
                                                    OMB control number 0910–0606. Also                      serves as the backbone to CGMP. The                   number of records per recordkeeper
                                                    include the FDA docket number found                     records show what is to be                            because recordkeeping occasions consist
                                                    in brackets in the heading of this                      manufactured; what was, in fact,                      of frequent brief entries of dates,
                                                    document.                                               manufactured; and whether the controls                temperatures, monitoring results, or
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            that the manufacturer put in place to                 documentation that specific actions
                                                    JonnaLynn Capezzuto, Office of                          ensure the identity, purity, strength, and            were taken. Information might be
                                                    Operations, Food and Drug                               composition and limits on contaminants                recorded a few times a day, week, or
                                                    Administration, Three White Flint                       and to prevent adulteration were                      month. When the records burden
                                                                                                            effective. Further, records will show                 involves frequent brief entries, we
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    North, 10A63, 11601 Landsdown St.,
                                                    North Bethesda, MD 20852, 301–796–                      whether and what deviations from                      entered 1 as the default for the number
                                                    3794.                                                   control processes occurred, facilitate                of records per recordkeeper. For
                                                                                                            evaluation and corrective action                      example, many of the records listed
                                                    SUPPLEMENTARY INFORMATION:    In                        concerning these deviations (including,               under § 111.35 in table 1, such as
                                                    compliance with 44 U.S.C. 3507, FDA                     where necessary, whether associated                   § 111.35(b)(2) (documentation, in
                                                    has submitted the following proposed                    batches of product should be recalled                 individual equipment logs, of the date
                                                    collection of information to OMB for                    from the marketplace), and enable a                   of the use, maintenance, cleaning, and
                                                    review and clearance.                                   manufacturer to assure that the                       sanitizing of equipment), involve many


                                               VerDate Sep<11>2014   17:27 Apr 19, 2017   Jkt 241001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\20APN1.SGM   20APN1


                                                                                  Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices                                                          18653

                                                    short sporadic entries over the course of                  In the Federal Register of September                quality product, not necessarily a safe
                                                    the year, varying across equipment and                  29, 2016 (81 FR 66967), FDA published                  product. Finally, the commenter
                                                    plants in the industry. We did not                      a 60-day notice requesting public                      discussed allowing the records
                                                    attempt to estimate the actual number of                comment on the proposed collection of                  maintained to be made public. These
                                                    recordkeeping occasions for these                       information. FDA received comments                     records are required to be maintained by
                                                    provisions, but instead entered an                      from two commenters.                                   the firm and are not proactively
                                                    estimate of the average number of hours                    (Comment 1) One commenter had                       submitted to FDA, but they are required
                                                    per year. We entered the default value                  concerns about whether the processes                   to be made available to FDA during
                                                    of 1 as the number of records per                       being used to assess the contents of                   inspections. If FDA obtains these
                                                    recordkeeper for these and similar                      supplements are genuine and accurate                   records during the investigation of a
                                                    provisions. For § 111.35, the entry for                 and how this is regulated; whether                     firm, the public can submit a Freedom
                                                    number of records is 1 as a default                     records regarding labeling indicate what               of Information Act request but the
                                                    representing a large number of brief                    is actually contained in a supplement;                 document they would typically receive
                                                    recordkeeping occasions.                                and whether these records will be                      would be redacted because the records
                                                       In many rows of table 1, we list a                   available to the public.                               are the property of the firm.
                                                                                                               These comments appear to address                       (Comment 2) The second commenter
                                                    burden under a single provision that
                                                                                                            PRA issues of practical utility and ways
                                                    covers the written procedures or records                                                                       stated that the labeling on dietary
                                                                                                            to enhance the quality, utility, and
                                                    described in several provisions. For                                                                           supplement products should be
                                                                                                            clarity of the information to be
                                                    example, the burden of the batch                                                                               consistent and FDA regulated, the term
                                                                                                            collected.
                                                    production records listed in table 1                       (Response 1) In this collection of                  ‘‘healthy’’ should be required to have a
                                                    under § 111.260 includes the burden for                 information, FDA is evaluating the                     standard meaning, and ‘‘healthy’’
                                                    records listed under § 111.255 because                  burden of retaining records and making                 should not be allowed to be used unless
                                                    the batch production records must                       them available to regulatory officials,                it meets FDA requirements of the term.
                                                    include those records.                                  but not the burden for proactively                        (Response 2) The recordkeeping for
                                                       The number of records for batch                      submitting them to FDA. FDA reviews                    CGMPs has nothing to do with the
                                                    production records (and other records                   the records maintained while                           required elements of food and dietary
                                                    kept on a batch basis in table 1) equals                conducting an investigation (e.g., during              supplement labeling, which are covered
                                                    the annual number of batches. The                       a facility inspection and during the                   under FDA’s labeling regulations. FDA
                                                    estimated burden for records kept by                    followup communication until a                         recently published, on May 27, 2016, a
                                                    batch includes both records kept for                    particular investigation is closed out).               final rule for Nutrition (and
                                                    every batch and records kept for some                   The investigation of a particular firm by              Supplement) Facts Labels (81 FR
                                                    but not all batches. We use the annual                  FDA is exempt from the PRA and is not                  33741), and is currently reviewing new
                                                    number of batches as the number of                      included as part of the burden estimate.               requirements for labeling your food
                                                    records that will not necessarily be kept               The required elements of labeling are                  ‘‘healthy’’. This information collection
                                                    for every batch, such as test results or                part of different regulations and do not               for CGMP addresses recordkeeping for
                                                    material review and disposition records,                apply to this collection of information.               specifications for a label and labeling
                                                    because such records are part of records,               The commenter also discussed the                       operations.
                                                    if they are necessary, that will be kept                safety of a particular product but CGMP                   FDA estimates the burden of this
                                                    for every batch.                                        regulations deal with establishing a                   collection of information as follows:

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

                                                    111.14, Records of personnel practices, including                         15,000                    4           60,000      1 .............................      60,000
                                                      documentation of training.
                                                    111.23, Records of physical plant sanitation prac-                        15,000                    1           15,000      0.2 (12 minutes) .....                3,000
                                                      tices, including pest control and water quality.
                                                    111.35, Records of equipment and utensils calibra-                           400                    1                400    12.5 ........................         5,000
                                                      tion and sanitation practices.
                                                    111.95, Records of production and process control                            250                    1                250    45 ...........................       11,250
                                                      systems.
                                                    111.140, Records that quality control personnel must                        240                  1,163        279,120       1 .............................     279,120
                                                      make and keep.
                                                    111.180, Records associated with components, pack-                           240                 1,163        279,120       1 .............................     279,120
                                                      aging, labels, and product received for packaging
                                                      and labeling as a dietary supplement.
                                                    111.210, Requirements for what the master manufac-                           240                    1                240    2.5 ..........................            600
                                                      turing record must include.
                                                    111.260, Requirements for what the batch record                              145                 1,408        204,160       1 .............................     204,160
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      must include.
                                                    111.325, Records that quality control personnel must                         120                    1                120    15 ...........................        1,800
                                                      make and keep for laboratory operations.
                                                    111.375, Records of the written procedures estab-                            260                    1                260    2 .............................           520
                                                      lished for manufacturing operations.
                                                    111.430, Records of the written procedures for pack-                          50                    1                 50    12.6 ........................             630
                                                      aging and labeling operations.
                                                    111.475, Records of product distribution and proce-                       15,000                    1           15,000      0.4 (24 minutes) .....                6,000
                                                      dures for holding and distributing operations.



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                                                    18654                                   Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices

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

                                                    111.535, Records for returned dietary supplements ...                                                   110                          4                    440           13.5 ........................           5,940
                                                    111.570, Records regarding product complaints ........                                                  240                        600                144,000           0.5 (30 minutes) .....                 72,000

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


                                                       The average burden per recordkeeping                                   included those burdens under specific                                         site at: http://www.hrsa.gov/
                                                    estimates in table 1 are based on those                                   provisions for keeping records. For                                           vaccinecompensation/index.html.
                                                    in the June 25, 2007, final rule, which                                   example, § 111.255(a) requires that the                                       SUPPLEMENTARY INFORMATION: The
                                                    were based on our institutional                                           batch production records be prepared                                          program provides a system of no-fault
                                                    experience with other CGMP                                                every time a batch is manufactured, and                                       compensation for certain individuals
                                                    requirements and on data provided by                                      § 111.255(d) requires that batch                                              who have been injured by specified
                                                    Research Triangle Institute in the                                        production records be kept in                                                 childhood vaccines. Subtitle 2 of Title
                                                    ‘‘Survey of Manufacturing Practices in                                    accordance with § 111.605. The                                                XXI of the PHS Act, 42 U.S.C. 300aa–
                                                    the Dietary Supplement Industry’’ cited                                   estimated burdens for both § 111.255(a)                                       10 et seq., provides that those seeking
                                                    in that rule.                                                             and (d) are included under § 111.260,                                         compensation are to file a petition with
                                                       The estimates in table 1 of the number                                 what the batch record must include.                                           the U.S. Court of Federal Claims and to
                                                    of firms affected by each provision of                                      Dated: April 14, 2017.                                                      serve a copy of the petition on the
                                                    part 111 are based on the percentage of                                   Leslie Kux,                                                                   Secretary of HHS, who is named as the
                                                    manufacturers, packagers, labelers,                                       Associate Commissioner for Policy.                                            respondent in each proceeding. The
                                                    holders, distributors, and warehousers                                    [FR Doc. 2017–07965 Filed 4–19–17; 8:45 am]                                   Secretary has delegated this
                                                    that reported in the survey that they                                                                                                                   responsibility under the program to
                                                                                                                              BILLING CODE 4164–01–P
                                                    have not established written SOPs or do                                                                                                                 HRSA. The Court is directed by statute
                                                    not maintain records that were later                                                                                                                    to appoint special masters who take
                                                    required by the June 25, 2007, final rule.                                DEPARTMENT OF HEALTH AND                                                      evidence, conduct hearings as
                                                    Because we do not have survey results                                     HUMAN SERVICES                                                                appropriate, and make initial decisions
                                                    for general warehouses, we entered the                                                                                                                  as to eligibility for, and amount of,
                                                    approximate number of facilities in that                                  Health Resources and Services                                                 compensation.
                                                    category for those provisions covering                                    Administration                                                                   A petition may be filed with respect
                                                    general facilities. For the dietary                                                                                                                     to injuries, disabilities, illnesses,
                                                    supplement industry, the survey                                           National Vaccine Injury Compensation                                          conditions, and deaths resulting from
                                                    estimated that 1,460 firms would be                                       Program; List of Petitions Received                                           vaccines described in the Vaccine Injury
                                                    covered by the final rule, including                                      AGENCY: Health Resources and Services                                         Table (the Table) set forth at 42 CFR
                                                    manufacturers, packagers, labelers,                                       Administration (HRSA), Department of                                          100.3. This Table lists for each covered
                                                    holders, distributors, and warehousers.                                   Health and Human Services (HHS).                                              childhood vaccine the conditions that
                                                    The time estimates include the burden                                                                                                                   may lead to compensation and, for each
                                                                                                                              ACTION: Notice.
                                                    involved in documenting that certain                                                                                                                    condition, the time period for
                                                    requirements are performed and in                                         SUMMARY:    HRSA is publishing this                                           occurrence of the first symptom or
                                                    recordkeeping. We used an estimated                                       notice of petitions received under the                                        manifestation of onset or of significant
                                                    annual batch production of 1,408                                          National Vaccine Injury Compensation                                          aggravation after vaccine
                                                    batches per year to estimate the burden                                   Program (the program), as required by                                         administration. Compensation may also
                                                    of requirements that are related to the                                   the Public Health Service (PHS) Act, as                                       be awarded for conditions not listed in
                                                    number of batches produced annually,                                      amended. While the Secretary of HHS is                                        the Table and for conditions that are
                                                    such as § 111.260, ‘‘What must the batch                                  named as the respondent in all                                                manifested outside the time periods
                                                    production record include?’’ The                                          proceedings brought by the filing of                                          specified in the Table, but only if the
                                                    estimate of 1,408 batches per year is                                     petitions for compensation under the                                          petitioner shows that the condition was
                                                    near the midpoint of the number of                                        program, the United States Court of                                           caused by one of the listed vaccines.
                                                    annual batches reported by survey                                         Federal Claims is charged by statute                                             Section 2112(b)(2) of the PHS Act, 42
                                                    firms.                                                                    with responsibility for considering and                                       U.S.C. 300aa–12(b)(2), requires that
                                                       The length of time that CGMP records                                   acting upon the petitions.                                                    ‘‘[w]ithin 30 days after the Secretary
                                                    must be maintained is set forth in                                        FOR FURTHER INFORMATION CONTACT: For                                          receives service of any petition filed
                                                    § 111.605. Table 1 reflects the estimated                                 information about requirements for                                            under section 2111 the Secretary shall
                                                    burdens for written procedures, record                                    filing petitions, and the program in                                          publish notice of such petition in the
                                                    maintenance, periodically reviewing                                       general, contact the Clerk, United States                                     Federal Register.’’ Set forth below is a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    records to determine if they may be                                       Court of Federal Claims, 717 Madison                                          list of petitions received by HRSA on
                                                    discarded, and for any associated                                         Place NW., Washington, DC 20005,                                              March 1, 2017, through March 31, 2017.
                                                    documentation for that activity for                                       (202) 357–6400. For information on                                            This list provides the name of
                                                    records that are required under part 111.                                 HRSA’s role in the program, contact the                                       petitioner, city and state of vaccination
                                                    We have not included a separate                                           Director, National Vaccine Injury                                             (if unknown then city and state of
                                                    estimate of burden for those sections                                     Compensation Program, 5600 Fishers                                            person or attorney filing claim), and
                                                    that require maintaining records in                                       Lane, Room 08N146B, Rockville, MD                                             case number. In cases where the Court
                                                    accordance with § 111.605, but have                                       20857; (301) 443–6593, or visit our Web                                       has redacted the name of a petitioner


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Document Created: 2017-04-20 01:42:20
Document Modified: 2017-04-20 01:42:20
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.
DatesFax written comments on the collection of information by May 22, 2017.
ContactJonnaLynn Capezzuto, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-3794.
FR Citation82 FR 18652 

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