82_FR_24820 82 FR 24718 - Agency Information Collection Activities; Proposed Collection; Comment Request; Submission of Petitions: Food Additive, Color Additive (Including Labeling), Submission of Information to a Master File in Support of Petitions; and Electronic Submission Using Food and Drug Administration Form 3503

82 FR 24718 - Agency Information Collection Activities; Proposed Collection; Comment Request; Submission of Petitions: Food Additive, Color Additive (Including Labeling), Submission of Information to a Master File in Support of Petitions; and Electronic Submission Using Food and Drug Administration Form 3503

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 102 (May 30, 2017)

Page Range24718-24720
FR Document2017-11009

The Food and Drug Administration (FDA, Agency, 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 FDA's regulations for submission of petitions, including food and color additive petitions (FAPs and CAPs) (including labeling) submission of information to a master file in support of petitions, and electronic submission using FDA Form 3503.

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24718-24720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11009]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No FDA-2010-N-0258]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Submission of Petitions: Food Additive, Color Additive 
(Including Labeling), Submission of Information to a Master File in 
Support of Petitions; and Electronic Submission Using Food and Drug 
Administration Form 3503

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, 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 FDA's regulations for submission 
of petitions, including food and color additive petitions (FAPs and 
CAPs) (including labeling) submission of information to a master file 
in support of petitions, and electronic submission using FDA Form 3503.

DATES: Submit either electronic or written comments on the collection 
of information by July 31, 2017. Late, untimely filed comments will not 
be considered. Electronic comments must be submitted on or before July 
31, 2017. The https://www.regulations.gov electronic filing system will 
accept comments until midnight Eastern Time at the end of July 31, 
2017. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are postmarked or 
the delivery service acceptance receipt is on or before that date.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2010-N-0258 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Submission of Petitions: Food 
Additive, Color Additive (Including Labeling); Submission of 
Information to a Master File in Support of Petitions; Electronic 
Submission Using Food and Drug Administration Form 3503.'' Received 
comments, those filed in a timely manner (see DATES), 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

[[Page 24719]]

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: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, [email protected], 301-796-
7726.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Submission of Petitions: Food Additive, Color Additive (Including 
Labeling); Submission of Information to a Master File in Support of 
Petitions; Electronic Submission Using FDA Form 3503--21 CFR 70.25, 
71.1, 171.1, 172, 173, 179, and 180; OMB Control Number 0910-0016--
Extension

    Section 409(a) of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 348(a)) provides that a food additive shall be 
deemed to be unsafe, unless: (1) The additive and its use, or intended 
use, are in conformity with a regulation issued under Sec.  409 that 
describes the condition(s) under which the additive may be safely used; 
(2) the additive and its use, or intended use, conform to the terms of 
an exemption for investigational use; or (3) a food contact 
notification submitted under Sec.  409(h) is effective. FAPs are 
submitted by individuals or companies to obtain approval of a new food 
additive or to amend the conditions of use permitted under an existing 
food additive regulation. Section 171.1 of FDA's regulations (21 CFR 
171.1) specifies the information that a petitioner must submit in order 
to establish that the proposed use of a food additive is safe and to 
secure the publication of a food additive regulation describing the 
conditions under which the additive may be safely used. Parts 172, 173, 
179, and 180 (21 CFR parts 172, 173, 179, and 180) contain labeling 
requirements for certain food additives to ensure their safe use.
    Section 721(a) of the FD&C Act (21 U.S.C. 379e(a)) provides that a 
color additive shall be deemed to be unsafe unless the additive and its 
use are in conformity with a regulation that describes the condition(s) 
under which the additive may safely be used, or the additive and its 
use conform to the terms of an exemption for investigational use issued 
under Sec.  721(f). CAPs are submitted by individuals or companies to 
obtain approval of a new color additive or a change in the conditions 
of use permitted for a color additive that is already approved. Section 
71.1 of the Agency's regulations (21 CFR 71.1) specifies the 
information that a petitioner must submit to establish the safety of a 
color additive and to secure the issuance of a regulation permitting 
its use. FDA's color additive labeling requirements in Sec.  70.25 (21 
CFR 70.25) require that color additives that are to be used in food, 
drugs, devices, or cosmetics be labeled with sufficient information to 
ensure their safe use.
    FDA scientific personnel reviews FAPs to ensure the safety of the 
intended use of the additive in or on food, or that may be present in 
food as a result of its use in articles that contact food. Likewise, 
FDA personnel review CAPs to ensure the safety of the color additive 
prior to its use in food, drugs, cosmetics, or medical devices.
    Interested persons may transmit FAP or CAP regulatory submissions 
in electronic format or paper format to the Office of Food Additive 
Safety in the Center for Food Safety and Applied Nutrition using Form 
FDA 3503. Form FDA 3503 helps the respondent organize their submission 
to focus on the information needed for FDA's safety review. Form FDA 
3503 can also be used to organize information within a master file 
submitted in support of petitions according to the items listed on the 
form. Master files can be used as repositories for information that can 
be referenced in multiple submissions to the Agency, thus minimizing 
paperwork burden for food and color additive approvals. FDA estimates 
that the amount of time for respondents to complete FDA Form 3503 will 
continue to be 1 hour.
    Description of respondents: Respondents are businesses engaged in 
the manufacture or sale of food, food ingredients, color additives, or 
substances used in materials that come into contact with food.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
                                                             Number of       Number of     Total annual   Average burden                   operating and
                 21 CFR section/FDA form                    respondents    responses per     responses     per response     Total hours     maintenance
                                                                            respondent                                                         costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Color Additive Petitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
70.25, 71.1.............................................               2               1               2           1,337           2,674          $5,600
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 24720]]

 
                                                                 Food Additive Petitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
171.1...................................................               3               1               3           7,093          21,279               0
FDA Form 3503...........................................               6               1               6               1               6               0
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total...............................................  ..............  ..............  ..............  ..............          23,959          $5,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.

    The estimate of burden for food additive or color additive 
petitions is based on FDA's experience with the petition process. The 
burden for this information collection has changed since the last OMB 
approval because the Generally Recognized as Safe affirmations have 
been removed pursuant to the implementation of ``Substances Generally 
Recognized as Safe; Final Rule,'' August 17, 2016 (81 FR 54960), 21 CFR 
parts 20, 25, 170, 184, 186, and 570. FDA is retaining its prior 
estimate of the number of petitions received because the average number 
of petitions received annually has varied little over the past 10 
years. The figures for hours per response are based on estimates from 
experienced persons in the Agency and in industry. Although the 
estimated hour burden varies with the type of petition submitted, an 
average petition involves analytical work and appropriate toxicological 
studies, as well as the work of drafting the petition itself. The 
burden varies depending on the complexity of the petition, including 
the amount and types of data needed for scientific analysis.
    Color additives are subjected to payment of fees for the 
petitioning process. The listing fee for a color additive petition 
ranges from $1,600 to $3,000, depending on the intended use of the 
color additive and the scope of the requested amendment. A complete 
schedule of fees is set forth in Sec.  70.19. An average of one 
Category A and one Category B color additive petition is expected per 
year. The maximum color additive petition fee for a Category A petition 
is $2,600 and the maximum color additive petition fee for a Category B 
petition is $3,000. Because an average of 2 CAPs are expected per 
calendar year, the estimated total annual cost burden to petitioners 
for this startup cost would be less than or equal to $5,600 ((1 x 
$2,600) + (1 x $3,000) listing fees = $5,600). There are no capital 
costs associated with CAPs. The labeling requirements for food and 
color additives were designed to specify the minimum information needed 
for labeling in order that food and color manufacturers may comply with 
all applicable provisions of the FD&C Act and other specific labeling 
acts administered by FDA. Label information does not require any 
additional information gathering beyond what is already required to 
assure conformance with all specifications and limitations in any given 
food or color additive regulation. Label information does not have any 
specific recordkeeping requirements unique to preparing the label. 
Therefore, because labeling requirements under Sec.  70.25 for a 
particular color additive involve information required as part of the 
CAP safety review process, the estimate for number of respondents is 
the same for Sec.  70.25 and Sec.  71.1, and the burden hours for 
labeling are included in the estimate for Sec.  71.1. Also, because 
labeling requirements under parts 172, 173, 179, and 180 for particular 
food additives involve information required as part of the FAP safety 
review process under Sec.  171.1, the burden hours for labeling are 
included in the estimate for Sec.  171.1.

    Dated: May 23, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-11009 Filed 5-26-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                24718                          Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

                                                2017. Time allotted for each                            required to publish notice in the                      Written/Paper Submissions
                                                presentation may be limited. If the                     Federal Register concerning each                          Submit written/paper submissions as
                                                number of registrants requesting to                     proposed collection of information,                    follows:
                                                speak is greater than can be reasonably                 including each proposed extension of an                   • Mail/Hand delivery/Courier (for
                                                accommodated during the scheduled                       existing collection of information, and                written/paper submissions): Division of
                                                open public hearing session, FDA may                    to allow 60 days for public comment in                 Dockets Management (HFA–305), Food
                                                conduct a lottery to determine the                      response to the notice. This notice                    and Drug Administration, 5630 Fishers
                                                speakers for the scheduled open public                  solicits comments on the information                   Lane, Rm. 1061, Rockville, MD 20852.
                                                hearing session. The contact person will                collection provisions of FDA’s                            • For written/paper comments
                                                notify interested persons regarding their               regulations for submission of petitions,               submitted to the Division of Dockets
                                                request to speak by July 14, 2017.                      including food and color additive                      Management, FDA will post your
                                                   Persons attending FDA’s advisory                     petitions (FAPs and CAPs) (including                   comment, as well as any attachments,
                                                committee meetings are advised that the                 labeling) submission of information to a               except for information submitted,
                                                Agency is not responsible for providing                 master file in support of petitions, and               marked and identified, as confidential,
                                                access to electrical outlets.                           electronic submission using FDA Form                   if submitted as detailed in
                                                   FDA welcomes the attendance of the                   3503.                                                  ‘‘Instructions.’’
                                                public at its advisory committee
                                                                                                        DATES:  Submit either electronic or                       Instructions: All submissions received
                                                meetings and will make every effort to
                                                                                                        written comments on the collection of                  must include the Docket No. FDA–
                                                accommodate persons with disabilities.
                                                                                                                                                               2010–N–0258 for ‘‘Agency Information
                                                If you require accommodations due to a                  information by July 31, 2017. Late,
                                                                                                                                                               Collection Activities; Proposed
                                                disability, please contact CAPT Serina                  untimely filed comments will not be
                                                                                                                                                               Collection; Comment Request;
                                                Hunter-Thomas at least 7 days in                        considered. Electronic comments must
                                                                                                                                                               Submission of Petitions: Food Additive,
                                                advance of the meeting.                                 be submitted on or before July 31, 2017.
                                                   FDA is committed to the orderly                                                                             Color Additive (Including Labeling);
                                                                                                        The https://www.regulations.gov
                                                conduct of its advisory committee                                                                              Submission of Information to a Master
                                                                                                        electronic filing system will accept
                                                meetings. Please visit our Web site at:                                                                        File in Support of Petitions; Electronic
                                                                                                        comments until midnight Eastern Time
                                                http://www.fda.gov/                                                                                            Submission Using Food and Drug
                                                                                                        at the end of July 31, 2017. Comments
                                                AdvisoryCommittees/AboutAdvisory                                                                               Administration Form 3503.’’ Received
                                                                                                        received by mail/hand delivery/courier
                                                Committees/ucm111462.htm for                                                                                   comments, those filed in a timely
                                                                                                        (for written/paper submissions) will be
                                                procedures on public conduct during                                                                            manner (see DATES), will be placed in
                                                                                                        considered timely if they are
                                                advisory committee meetings.                                                                                   the docket and, except for those
                                                                                                        postmarked or the delivery service
                                                   Notice of this meeting is given under                                                                       submitted as ‘‘Confidential
                                                                                                        acceptance receipt is on or before that
                                                the Federal Advisory Committee Act (5                                                                          Submissions,’’ publicly viewable at
                                                                                                        date.
                                                U.S.C. app. 2).                                                                                                https://www.regulations.gov or at the
                                                                                                        ADDRESSES:        You may submit comments              Division of Dockets Management
                                                  Dated: May 23, 2017.                                  as follows:                                            between 9 a.m. and 4 p.m., Monday
                                                Anna K. Abram,                                                                                                 through Friday.
                                                Deputy Commissioner for Policy, Planning,               Electronic Submissions                                    • Confidential Submissions—To
                                                Legislation, and Analysis.                                                                                     submit a comment with confidential
                                                                                                          Submit electronic comments in the
                                                [FR Doc. 2017–10976 Filed 5–26–17; 8:45 am]                                                                    information that you do not wish to be
                                                                                                        following way:
                                                BILLING CODE 4164–01–P                                                                                         made publicly available, submit your
                                                                                                          • Federal eRulemaking Portal:                        comments only as a written/paper
                                                                                                        https://www.regulations.gov. Follow the                submission. You should submit two
                                                DEPARTMENT OF HEALTH AND                                instructions for submitting comments.                  copies total. One copy will include the
                                                HUMAN SERVICES                                          Comments submitted electronically,                     information you claim to be confidential
                                                                                                        including attachments, to https://                     with a heading or cover note that states
                                                Food and Drug Administration                            www.regulations.gov will be posted to                  ‘‘THIS DOCUMENT CONTAINS
                                                [Docket No FDA–2010–N–0258]                             the docket unchanged. Because your                     CONFIDENTIAL INFORMATION.’’ The
                                                                                                        comment will be made public, you are                   Agency will review this copy, including
                                                Agency Information Collection                           solely responsible for ensuring that your              the claimed confidential information, in
                                                Activities; Proposed Collection;                        comment does not include any                           its consideration of comments. The
                                                Comment Request; Submission of                          confidential information that you or a                 second copy, which will have the
                                                Petitions: Food Additive, Color                         third party may not wish to be posted,                 claimed confidential information
                                                Additive (Including Labeling),                          such as medical information, your or                   redacted/blacked out, will be available
                                                Submission of Information to a Master                   anyone else’s Social Security number, or               for public viewing and posted on
                                                File in Support of Petitions; and                       confidential business information, such                https://www.regulations.gov. Submit
                                                Electronic Submission Using Food and                    as a manufacturing process. Please note                both copies to the Division of Dockets
                                                Drug Administration Form 3503                           that if you include your name, contact                 Management. If you do not wish your
                                                                                                        information, or other information that                 name and contact information to be
                                                AGENCY:    Food and Drug Administration,                identifies you in the body of your
                                                HHS.                                                                                                           made publicly available, you can
                                                                                                        comments, that information will be                     provide this information on the cover
                                                ACTION:   Notice.                                       posted on https://www.regulations.gov.                 sheet and not in the body of your
sradovich on DSK3GMQ082PROD with NOTICES




                                                SUMMARY:   The Food and Drug                              • If you want to submit a comment                    comments and you must identify this
                                                Administration (FDA, Agency, or we) is                  with confidential information that you                 information as ‘‘confidential.’’ Any
                                                announcing an opportunity for public                    do not wish to be made available to the                information marked as ‘‘confidential’’
                                                comment on the proposed collection of                   public, submit the comment as a                        will not be disclosed except in
                                                certain information by the Agency.                      written/paper submission and in the                    accordance with 21 CFR 10.20 and other
                                                Under the Paperwork Reduction Act of                    manner detailed (see ‘‘Written/Paper                   applicable disclosure law. For more
                                                1995 (the PRA), Federal Agencies are                    Submissions’’ and ‘‘Instructions’’).                   information about FDA’s posting of


                                           VerDate Sep<11>2014   19:59 May 26, 2017   Jkt 241001   PO 00000   Frm 00060    Fmt 4703   Sfmt 4703   E:\FR\FM\30MYN1.SGM   30MYN1


                                                                                       Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices                                                    24719

                                                comments to public dockets, see 80 FR                              assumptions used; (3) ways to enhance                 investigational use issued under
                                                56469, September 18, 2015, or access                               the quality, utility, and clarity of the              § 721(f). CAPs are submitted by
                                                the information at: https://www.gpo.gov/                           information to be collected; and (4)                  individuals or companies to obtain
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                                  ways to minimize the burden of the                    approval of a new color additive or a
                                                23389.pdf.                                                         collection of information on                          change in the conditions of use
                                                   Docket: For access to the docket to                             respondents, including through the use                permitted for a color additive that is
                                                read background documents or the                                   of automated collection techniques,                   already approved. Section 71.1 of the
                                                electronic and written/paper comments                              when appropriate, and other forms of                  Agency’s regulations (21 CFR 71.1)
                                                received, go to https://                                           information technology.                               specifies the information that a
                                                www.regulations.gov and insert the                                 Submission of Petitions: Food Additive,               petitioner must submit to establish the
                                                docket number, found in brackets in the                            Color Additive (Including Labeling);                  safety of a color additive and to secure
                                                heading of this document, into the                                 Submission of Information to a Master                 the issuance of a regulation permitting
                                                ‘‘Search’’ box and follow the prompts                              File in Support of Petitions; Electronic              its use. FDA’s color additive labeling
                                                and/or go to the Division of Dockets                               Submission Using FDA Form 3503—21                     requirements in § 70.25 (21 CFR 70.25)
                                                Management, 5630 Fishers Lane, Rm.                                 CFR 70.25, 71.1, 171.1, 172, 173, 179,                require that color additives that are to be
                                                1061, Rockville, MD 20852.                                         and 180; OMB Control Number 0910–                     used in food, drugs, devices, or
                                                FOR FURTHER INFORMATION CONTACT: Ila                               0016—Extension                                        cosmetics be labeled with sufficient
                                                S. Mizrachi, Office of Operations, Food                                                                                  information to ensure their safe use.
                                                                                                                     Section 409(a) of the Federal Food,                    FDA scientific personnel reviews
                                                and Drug Administration, Three White
                                                                                                                   Drug, and Cosmetic Act (the FD&C Act)                 FAPs to ensure the safety of the
                                                Flint North, 10A63, 11601 Landsdown
                                                                                                                   (21 U.S.C. 348(a)) provides that a food               intended use of the additive in or on
                                                St., North Bethesda, MD 20852,
                                                                                                                   additive shall be deemed to be unsafe,                food, or that may be present in food as
                                                PRAStaff@fda.hhs.gov, 301–796–7726.
                                                                                                                   unless: (1) The additive and its use, or
                                                SUPPLEMENTARY INFORMATION: Under the                                                                                     a result of its use in articles that contact
                                                                                                                   intended use, are in conformity with a
                                                PRA (44 U.S.C. 3501–3520), Federal                                                                                       food. Likewise, FDA personnel review
                                                                                                                   regulation issued under § 409 that
                                                Agencies must obtain approval from the                                                                                   CAPs to ensure the safety of the color
                                                                                                                   describes the condition(s) under which
                                                Office of Management and Budget                                                                                          additive prior to its use in food, drugs,
                                                                                                                   the additive may be safely used; (2) the
                                                (OMB) for each collection of                                                                                             cosmetics, or medical devices.
                                                                                                                   additive and its use, or intended use,
                                                information they conduct or sponsor.                               conform to the terms of an exemption                     Interested persons may transmit FAP
                                                ‘‘Collection of information’’ is defined                           for investigational use; or (3) a food                or CAP regulatory submissions in
                                                in 44 U.S.C. 3502(3) and 5 CFR                                     contact notification submitted under                  electronic format or paper format to the
                                                1320.3(c) and includes Agency requests                             § 409(h) is effective. FAPs are submitted             Office of Food Additive Safety in the
                                                or requirements that members of the                                by individuals or companies to obtain                 Center for Food Safety and Applied
                                                public submit reports, keep records, or                            approval of a new food additive or to                 Nutrition using Form FDA 3503. Form
                                                provide information to a third party.                              amend the conditions of use permitted                 FDA 3503 helps the respondent
                                                Section 3506(c)(2)(A) of the PRA (44                               under an existing food additive                       organize their submission to focus on
                                                U.S.C. 3506(c)(2)(A)) requires Federal                             regulation. Section 171.1 of FDA’s                    the information needed for FDA’s safety
                                                Agencies to provide a 60-day notice in                             regulations (21 CFR 171.1) specifies the              review. Form FDA 3503 can also be
                                                the Federal Register concerning each                               information that a petitioner must                    used to organize information within a
                                                proposed collection of information,                                submit in order to establish that the                 master file submitted in support of
                                                including each proposed extension of an                            proposed use of a food additive is safe               petitions according to the items listed
                                                existing collection of information,                                and to secure the publication of a food               on the form. Master files can be used as
                                                before submitting the collection to OMB                            additive regulation describing the                    repositories for information that can be
                                                for approval. To comply with this                                  conditions under which the additive                   referenced in multiple submissions to
                                                requirement, FDA is publishing notice                              may be safely used. Parts 172, 173, 179,              the Agency, thus minimizing paperwork
                                                of the proposed collection of                                      and 180 (21 CFR parts 172, 173, 179,                  burden for food and color additive
                                                information set forth in this document.                            and 180) contain labeling requirements                approvals. FDA estimates that the
                                                   With respect to the following                                   for certain food additives to ensure their            amount of time for respondents to
                                                collection of information, FDA invites                             safe use.                                             complete FDA Form 3503 will continue
                                                comments on these topics: (1) Whether                                Section 721(a) of the FD&C Act (21                  to be 1 hour.
                                                the proposed collection of information                             U.S.C. 379e(a)) provides that a color                    Description of respondents:
                                                is necessary for the proper performance                            additive shall be deemed to be unsafe                 Respondents are businesses engaged in
                                                of FDA’s functions, including whether                              unless the additive and its use are in                the manufacture or sale of food, food
                                                the information will have practical                                conformity with a regulation that                     ingredients, color additives, or
                                                utility; (2) the accuracy of FDA’s                                 describes the condition(s) under which                substances used in materials that come
                                                estimate of the burden of the proposed                             the additive may safely be used, or the               into contact with food.
                                                collection of information, including the                           additive and its use conform to the                      FDA estimates the burden of this
                                                validity of the methodology and                                    terms of an exemption for                             collection of information as follows:

                                                                                                          TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                               Total
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                                                                                                                                    Number of                             Average
                                                                                                                Number of                            Total annual                                          operating and
                                                           21 CFR section/FDA form                                                responses per                         burden per          Total hours
                                                                                                               respondents                            responses                                            maintenance
                                                                                                                                    respondent                           response                              costs

                                                                                                                                 Color Additive Petitions

                                                70.25, 71.1 ...............................................                  2                  1                   2             1,337            2,674          $5,600




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                                                24720                                    Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

                                                                                                 TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                                                                                                 Total
                                                                                                                                               Number of                                                Average
                                                                                                                   Number of                                             Total annual                                                        operating and
                                                           21 CFR section/FDA form                                                           responses per                                            burden per              Total hours
                                                                                                                  respondents                                             responses                                                          maintenance
                                                                                                                                               respondent                                              response                                  costs

                                                                                                                                            Food Additive Petitions

                                                171.1 ........................................................                        3                           1                           3                   7,093             21,279               0
                                                FDA Form 3503 .......................................                                 6                           1                           6                       1                  6               0

                                                      Total ..................................................   ........................    ........................   ........................   ........................         23,959          $5,600
                                                   1 There     are no capital costs associated with this collection of information.


                                                   The estimate of burden for food                                       minimum information needed for                                                SUMMARY:  The Food and Drug
                                                additive or color additive petitions is                                  labeling in order that food and color                                         Administration (FDA or Agency)
                                                based on FDA’s experience with the                                       manufacturers may comply with all                                             announces a forthcoming public
                                                petition process. The burden for this                                    applicable provisions of the FD&C Act                                         advisory committee meeting of the
                                                information collection has changed                                       and other specific labeling acts                                              Pediatric Oncology Subcommittee of the
                                                since the last OMB approval because the                                  administered by FDA. Label information                                        Oncologic Drugs Advisory Committee.
                                                Generally Recognized as Safe                                             does not require any additional                                               The general function of the committee is
                                                affirmations have been removed                                           information gathering beyond what is                                          to provide advice and recommendations
                                                pursuant to the implementation of                                        already required to assure conformance                                        to the Agency on FDA’s regulatory
                                                ‘‘Substances Generally Recognized as                                     with all specifications and limitations in                                    issues. The meeting will be open to the
                                                Safe; Final Rule,’’ August 17, 2016 (81                                  any given food or color additive                                              public. FDA is establishing a docket for
                                                FR 54960), 21 CFR parts 20, 25, 170,                                     regulation. Label information does not                                        public comment on this document.
                                                184, 186, and 570. FDA is retaining its                                  have any specific recordkeeping
                                                prior estimate of the number of petitions                                                                                                              DATES: The public meeting will be held
                                                                                                                         requirements unique to preparing the
                                                received because the average number of                                                                                                                 on June 21, 2017, from 8 a.m. to 3:15
                                                                                                                         label. Therefore, because labeling
                                                petitions received annually has varied                                                                                                                 p.m. and June 22, 2017, from 8 a.m. to
                                                                                                                         requirements under § 70.25 for a
                                                little over the past 10 years. The figures                                                                                                             12 noon.
                                                                                                                         particular color additive involve
                                                for hours per response are based on                                      information required as part of the CAP                                       ADDRESSES:    FDA White Oak Campus,
                                                estimates from experienced persons in                                    safety review process, the estimate for                                       10903 New Hampshire Ave., Building
                                                the Agency and in industry. Although                                     number of respondents is the same for                                         31 Conference Center, the Great Room
                                                the estimated hour burden varies with                                    § 70.25 and § 71.1, and the burden hours                                      (Rm. 1503), Silver Spring, MD 20993–
                                                the type of petition submitted, an                                       for labeling are included in the estimate                                     0002. Answers to commonly asked
                                                average petition involves analytical                                     for § 71.1. Also, because labeling                                            questions including information
                                                work and appropriate toxicological                                       requirements under parts 172, 173, 179,                                       regarding special accommodations due
                                                studies, as well as the work of drafting                                 and 180 for particular food additives                                         to a disability, visitor parking, and
                                                the petition itself. The burden varies                                   involve information required as part of                                       transportation may be accessed at:
                                                depending on the complexity of the                                       the FAP safety review process under                                           https://www.fda.gov/
                                                petition, including the amount and                                       § 171.1, the burden hours for labeling                                        AdvisoryCommittees/AboutAdvisory
                                                types of data needed for scientific                                      are included in the estimate for § 171.1.                                     Committees/ucm408555.htm.
                                                analysis.
                                                   Color additives are subjected to                                        Dated: May 23, 2017.                                                           FDA is establishing a docket for
                                                payment of fees for the petitioning                                      Anna K. Abram,                                                                public comment on this meeting. The
                                                process. The listing fee for a color                                     Deputy Commissioner for Policy, Planning,                                     docket number is FDA–2017–N–2731.
                                                additive petition ranges from $1,600 to                                  Legislation, and Analysis.                                                    The docket will close on June 20, 2017.
                                                $3,000, depending on the intended use                                    [FR Doc. 2017–11009 Filed 5–26–17; 8:45 am]                                   Submit either electronic or written
                                                of the color additive and the scope of                                   BILLING CODE 4164–01–P
                                                                                                                                                                                                       comments on this public meeting by
                                                the requested amendment. A complete                                                                                                                    June 20, 2017. Late, untimely filed
                                                schedule of fees is set forth in § 70.19.                                                                                                              comments will not be considered.
                                                An average of one Category A and one                                     DEPARTMENT OF HEALTH AND                                                      Electronic comments must be submitted
                                                Category B color additive petition is                                    HUMAN SERVICES                                                                on or before June 20, 2017. The https://
                                                expected per year. The maximum color                                                                                                                   www.regulations.gov electronic filing
                                                additive petition fee for a Category A                                   Food and Drug Administration                                                  system will accept comments until
                                                petition is $2,600 and the maximum                                       [Docket No. FDA–2017–N–2731]                                                  midnight eastern time, June 20, 2017.
                                                color additive petition fee for a Category                                                                                                             Comments received by mail/hand
                                                B petition is $3,000. Because an average                                 Pediatric Oncology Subcommittee of                                            delivery/courier for written/paper
                                                of 2 CAPs are expected per calendar                                      the Oncologic Drugs Advisory                                                  submissions will be considered timely if
                                                year, the estimated total annual cost                                    Committee; Notice of Meeting;                                                 they are postmarked or the delivery
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                                                burden to petitioners for this startup                                   Establishment of a Public Docket;                                             service acceptance receipt is on or
                                                cost would be less than or equal to                                      Request for Comments                                                          before that date.
                                                $5,600 ((1 × $2,600) + (1 × $3,000)                                      AGENCY:            Food and Drug Administration,                                 Comments received on or before June
                                                listing fees = $5,600). There are no                                     HHS.                                                                          7, 2017, will be provided to the
                                                capital costs associated with CAPs. The                                                                                                                committee. Comments received after
                                                                                                                         ACTION: Notice; establishment of a
                                                labeling requirements for food and color                                                                                                               that date will be taken into
                                                                                                                         public docket; request for comments.
                                                additives were designed to specify the                                                                                                                 consideration by the Agency.


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Document Created: 2018-11-08 08:54:55
Document Modified: 2018-11-08 08:54:55
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 July 31, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before July 31, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of July 31, 2017. Comments received by mail/hand delivery/courier (for written/ paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected], 301-796- 7726.
FR Citation82 FR 24718 

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