82_FR_25080 82 FR 24977 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Cosmetic Registration Program

82 FR 24977 - Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Cosmetic Registration Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range24977-24980
FR Document2017-11188

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (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 invites comments on the collection of information associated with our Voluntary Cosmetic Registration Program (VCRP).

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Pages 24977-24980]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11188]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0623]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Voluntary Cosmetic Registration Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(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 invites comments on the collection of information associated 
with our Voluntary Cosmetic Registration Program (VCRP).

DATES: Submit either electronic or written comments on the collection 
of information by July 31, 2017.

ADDRESSES: You may submit comments as follows. Please note that 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.

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-0623 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Voluntary Cosmetic Registration 
Program.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov/ or at the Division of Dockets Management between 
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Division of Dockets 
Management. If you do not wish your name and contact information to be 
made publicly available, you can provide this information on the cover 
sheet and not in the body of your comments and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in 
the

[[Page 24978]]

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

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

Voluntary Cosmetic Registration Program--21 CFR Parts 710 and 720 OMB 
Control Number 0910-0027--Extension

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act) provides us 
with the authority to regulate cosmetic products in the United States. 
Cosmetic products that are adulterated under section 601 of the FD&C 
Act (21 U.S.C. 361) or misbranded under section 602 of the FD&C Act (21 
U.S.C. 362) may not be distributed in interstate commerce. We have 
developed the VCRP to assist us in carrying out our responsibility to 
regulate cosmetics.
    FDA is revising forms for the VCRP (Forms FDA 2511, 2512, 2512a, 
and 2514) currently approved under OMB control number 0910-0027, 
``Voluntary Cosmetic Registration Program,'' for the following reasons: 
(1) Modernizing the forms; (2) decreasing burden to filers who complete 
the forms; and (3) reducing the time it will take FDA to review each 
submission. In addition, Form FDA 2514 will be eliminated as it 
duplicates information that is currently located on Form FDA 2512. FDA 
requests PRA approval for the proposed changes to these forms, and for 
the elimination of Form FDA 2514.
    Participation in the VCRP is voluntary under provisions found in 
sections parts 710 and 720 (21 CFR parts 710 and 720). Participants 
have the option of submitting information via paper forms or via the 
online interface. The term ``form'' refers to both the paper form and 
the online system.
    Currently, in part 710, we request that establishments that 
manufacture or package cosmetic products voluntarily register with us 
using Form FDA 2511 entitled ``Registration of Cosmetic Product 
Establishment.'' The term ``Form FDA 2511'' refers to both the paper 
and online versions of the form. The online version of Form FDA 2511 is 
available on our VCRP Web site at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm. We strongly encourage online 
registration of Form FDA 2511 because it is faster and more efficient 
for the filer and the Agency. A registering facility will receive 
confirmation of online registration, including a registration number by 
email. The online system also allows for amendments to past 
submissions.
    Because registration of cosmetic product establishments is not 
mandatory, voluntary registration provides FDA with the best 
information available about the locations, business trade names, and 
types of activity (manufacturing or packaging) of cosmetic product 
establishments. We place the registration information in a computer 
database and use the information to generate mailing lists for 
distributing regulatory information and for inviting firms to 
participate in workshops on topics in which they may be interested. 
Registration is permanent, although we request that respondents submit 
an amended Form FDA 2511 if any of the originally submitted information 
changes.
    Currently, under part 720, FDA requests firms that manufacture, 
pack, or distribute cosmetics to file with the Agency an ingredient 
statement for each of their products. Filing of cosmetic product 
ingredient statements is voluntary. Ingredient statements for new 
submissions are reported on Form FDA 2512, ``Cosmetic Product 
Ingredient Statement,'' and on Form FDA 2512a, a continuation form. 
Amendments to product formulations also are reported on Forms FDA 2512 
and FDA 2512a. When a firm discontinues the commercial distribution of 
a cosmetic, FDA requests that the firm file Form FDA 2514, ``Notice of 
Discontinuance of Commercial Distribution of Cosmetic Product 
Formulation''; however, filers may also notify FDA that they have 
discontinued a cosmetic product formulation by submitting an amended 
Form FDA 2512, which would obviate the need for Form FDA 2514. If any 
of the information submitted on these forms is confidential, the firm 
may submit a request for confidentiality of a cosmetic ingredient.
    FDA's proposed changes to the forms through the use of an 
electronic submission system have been designed to make it easier for 
participants to provide information to FDA about their products. They 
also assist participants, through interactive question and response 
scenarios, to identify submissions that will be ineligible to be 
accepted in VCRP because they do not meet parts 710 and 720 
requirements. The electronic submission system is expected to reduce 
burden currently associated with the manual identification process for 
filers and FDA. The rejection rate for ineligible submissions when 
using the current forms is high: 51 percent for new accounts, 43 
percent for Form FDA 2511 registrations, and 7 percent for Form FDA 
2512 filings (2010-2016).
    The revised forms include the addition of links between Forms FDA 
2511 and 2512, clarification of what information should be entered onto 
the forms, additional self-identifying fields, removal of certain 
duplicative fields, and the deletion of Form FDA 2514. These changes 
are needed because both VCRP voluntary filer participation and FDA 
resources required to administer VCRP have increased significantly 
since 2014 (i.e., increases in new accounts (156 percent), Form FDA 
2511 registrations (405 percent), Form FDA 2512 filings (67 percent), 
and FDA review hours (59 percent) in 2016.)
    FDA's current process confirms that each submission meets the 
requirements established in parts 710 and 720 through the use of a 
manual process for

[[Page 24979]]

both filers and FDA reviewers that can result in a long waiting period 
where filers must wait and respond to questions generated by FDA, which 
may result in a high rejection rate. FDA projects a significant 
reduction in rejection rates when using the revised forms. Examples of 
possible burden savings for participants and FDA include:
    (1) Form FDA 2511 asks filers if they are a manufacturer or packer; 
however, distributors and retailers have checked these boxes in error 
when neither applies to them because there are no distributor or 
retailer checkboxes on Form FDA 2511. Retailers have also filed Form 
FDA 2512 in error even though only manufacturers, packers, and 
distributors are permitted to do so. To correct these issues, FDA 
revised Form FDA 2511 by updating the field that allows filers to 
indicate the ``TYPE OF ESTABLISHMENT: MANUFACTURER/PACKER/OTHER 
(Distributor or Retailer)'' and updating the field on Form FDA 2512 
allowing the filer to indicate ``WHO IS FILING THIS STATEMENT: 
MANUFACTURER/PACKER/DISTRIBUTOR/OTHER (Retailer).''
    (2) FDA revised Form FDA 2511 and added questions asking, ``Are you 
the owner or operator of this facility?'' and ``Is the address on this 
form the location of a cosmetic manufacturing and/or packing 
facility?''
    (3) FDA also revised Form FDA 2512 and added questions asking, ``Is 
this product currently commercially distributed (annual sales exceed 
$1,000) in the United States?'', ``PRODUCT WEBSITE'', and ``Attach 
images of the front and back product labels to this form'' to ensure 
that only cosmetics in commercial distribution in the United States are 
filed in the VCRP.
    (4) FDA linked Forms FDA 2511 and 2512 to reduce burden to filers 
who create multiple copies of Form FDA 2512 that share the same 
establishment addresses.
    (5) FDA clarified the information that should be included on the 
forms by attaching simplified instructions and a link to VCRP online on 
Forms FDA 2511, 2512, and 2512a and adding titles and locations of 
various fields throughout Forms FDA 2511, 2512, and 2512a. We also 
added self-identifying fields such as phone number, email, and 
alternative authorized individual to Form FDA 2511 and 2512 to 
facilitate communication with the filers.
    (6) We also removed fields that have no modern use or request 
redundant information in multiple locations.
    (7) We removed Form FDA 2514 in its entirety due to redundancy. (As 
noted, filers may notify FDA that they are discontinuing a cosmetic 
product formulation on Form FDA 2512).
    FDA's online filing system is available on FDA's VCRP Web site at 
https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm. The 
online filing system contains the online versions of Forms FDA 2511, 
2512, and 2512a.
    We place cosmetic product filing information in a computer database 
and use the information when FDA receives inquiries about cosmetics 
marketed in the United States. Because filing of cosmetic product 
formulations is not mandatory, voluntary filings with FDA provide us 
with the best information available about cosmetic products, 
ingredients, frequency of use, businesses engaged in the manufacture 
and distribution of cosmetics, and approximate rates of product 
discontinuance and formula modifications. The information assists our 
scientists in evaluating reports of adverse events submitted via 
MedWatch and Field Operators (FACTS). We also use the information in 
identifying future research projects, to evaluate the levels and safety 
of certain ingredients in cosmetics.
    Links to explanations of the revisions to Forms FDA 2511, 2512, and 
2512a and instructions are available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm and entitled ``Voluntary Cosmetic 
Registration Program.''
    We estimate the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Number of
        21 CFR Section or Part             Form No.        Number of     responses per   Total annual       Average burden  per response     Total hours
                                                          respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 710 (registrations).............  FDA 2511 \2\                934               1             934  0.20 (12 minutes)..................          187
720.1 through 720.4 (new submissions)  FDA 2512 \3\              7,108               1           7,108  0.33 (20 minutes)..................        2,346
720.6 (amendments)...................  FDA 2512                  4,049               1           4,049  0.17 (10 minutes)..................          688
720.6 (notices of discontinuance)....  FDA 2512                     95               1              95  0.10 (6 minutes)...................           10
720.8 (requests for confidentiality).  ...............               1               1               1  2..................................            2
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ...............  ..............  ..............  ..............  ...................................        3,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The term ``Form FDA 2511'' refers to both the paper Form FDA 2511 and online Form FDA 2511 in the online system known as the VCRP, which is
  available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.
\3\ The term ``Form FDA 2512'' refers to the paper Forms FDA 2512, and 2512a and online Form FDA 2512 in the online system known as the VCRP, which is
  available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.

    We base our estimate of the total annual responses on paper and 
online submissions received during calendar year 2016. We base our 
estimate of the hours per response upon information from cosmetic 
industry personnel and FDA experience entering data submitted on paper 
Forms FDA 2511, 2512, and 2512a into the online system.
    We estimate that, annually, 934 establishments that manufacture or 
package cosmetic products will each submit 1 registration on Form FDA 
2511, for a total of 934 annual responses. Each submission is estimated 
to take 0.20 hour per response for a total of 186.8 hours, rounded to 
187. The number of Form FDA 2511 submissions has increased 405 percent 
compared to 2014 and we have no indication that this submission rate 
will stop increasing. We estimate that, annually, firms that 
manufacture, pack, or distribute cosmetics will file 7,108 ingredient 
statements for new or amended submissions on Forms FDA 2512 and FDA 
2512a. Each submission is estimated to take 0.33 hour per response for 
a total of 2345.64 hours, rounded to 2,346. We estimate the number of 
Form FDA 2512 submissions to increase 67 percent compared to 2014 and 
we have no indication that this submission rate will stop increasing. 
We estimate that, annually, firms that manufacture, pack, or distribute 
cosmetics will file 4,049 amendments to

[[Page 24980]]

product formulations on Forms FDA 2512 and FDA 2512a. Each submission 
is estimated to take 0.17 hour per response for a total of 688.33 
hours, rounded to 688. We estimate that, annually, firms that 
manufacture, pack, or distribute cosmetics will file 95 notices of 
discontinuance on Form FDA 2512. Each submission is estimated to take 
0.10 hour per response for a total of 9.5 hours, rounded to 10. We 
estimate that, annually, one firm will file one request for 
confidentiality. Each such request is estimated to take 2 hours to 
prepare for a total of 2 hours. Thus, the total estimated hour burden 
for this information collection is 3,233 hours.

    Dated: May 25, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-11188 Filed 5-30-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices                                            24977

                                                 Estimated Total Annual Burden                         1995 (PRA), Federal Agencies are                      Dockets Management (HFA–305), Food
                                               Hours: 54,934.99.                                       required to publish notice in the                     and Drug Administration, 5630 Fishers
                                                 In compliance with the requirements                   Federal Register concerning each                      Lane, Rm. 1061, Rockville, MD 20852.
                                               of Section 506(c)(2)(A) of the Paperwork                proposed collection of information,                      • For written/paper comments
                                               Reduction Act of 1995, the                              including each proposed extension of an               submitted to the Division of Dockets
                                               Administration for Children and                         existing collection of information, and               Management, FDA will post your
                                               Families is soliciting public comment                   to allow 60 days for public comment in                comment, as well as any attachments,
                                               on the specific aspects of the                          response to the notice. This notice                   except for information submitted,
                                               information collection described above.                 invites comments on the collection of                 marked and identified, as confidential,
                                               Copies of the proposed collection of                    information associated with our                       if submitted as detailed in
                                               information can be obtained and                         Voluntary Cosmetic Registration                       ‘‘Instructions.’’
                                               comments may be forwarded by writing                    Program (VCRP).                                          Instructions: All submissions received
                                               to the Administration for Children and                  DATES: Submit either electronic or                    must include the Docket No. FDA–
                                               Families, Office of Planning, Research                  written comments on the collection of                 2010–N–0623 for ‘‘Agency Information
                                               and Evaluation, 330 C Street SW.,                       information by July 31, 2017.                         Collection Activities; Proposed
                                               Washington, DC 20202; Attn: ACF                         ADDRESSES: You may submit comments
                                                                                                                                                             Collection; Comment Request;
                                               Reports Clearance Officer. Email                        as follows. Please note that late,                    Voluntary Cosmetic Registration
                                               address: infocollection@acf.hhs.gov. All                untimely filed comments will not be                   Program.’’ Received comments, those
                                               requests should be identified by the title              considered. Electronic comments must                  filed in a timely manner (see
                                               of the information collection.                                                                                ADDRESSES), will be placed in the docket
                                                                                                       be submitted on or before July 31, 2017.
                                                 The Department specifically requests                  The https://www.regulations.gov                       and, except for those submitted as
                                               comments on: (a) Whether the proposed                   electronic filing system will accept                  ‘‘Confidential Submissions,’’ publicly
                                               collection of information is necessary                  comments until midnight Eastern Time                  viewable at https://
                                               for the proper performance of the                       at the end of July 31, 2017. Comments                 www.regulations.gov/ or at the Division
                                               functions of the agency, including                      received by mail/hand delivery/courier                of Dockets Management between 9 a.m.
                                               whether the information shall have                      (for written/paper submissions) will be               and 4 p.m., Monday through Friday.
                                                                                                                                                                • Confidential Submissions—To
                                               practical utility; (b) the accuracy of the              considered timely if they are
                                                                                                                                                             submit a comment with confidential
                                               agency’s estimate of the burden of the                  postmarked or the delivery service
                                                                                                                                                             information that you do not wish to be
                                               proposed collection of information; (c)                 acceptance receipt is on or before that
                                                                                                                                                             made publicly available, submit your
                                               the quality, utility, and clarity of the                date.
                                                                                                                                                             comments only as a written/paper
                                               information to be collected; and (d)
                                                                                                       Electronic Submissions                                submission. You should submit two
                                               ways to minimize the burden
                                                                                                          Submit electronic comments in the                  copies total. One copy will include the
                                               information to be collected; and (d)
                                                                                                       following way:                                        information you claim to be confidential
                                               ways to minimize the burden of the
                                               collection of information on                               • Federal eRulemaking Portal:                      with a heading or cover note that states
                                                                                                       https://www.regulations.gov/. Follow                  ‘‘THIS DOCUMENT CONTAINS
                                               respondents, including through the use                                                                        CONFIDENTIAL INFORMATION.’’ The
                                               of automated collection techniques or                   the instructions for submitting
                                                                                                       comments. Comments submitted                          Agency will review this copy, including
                                               other forms of information technology.                                                                        the claimed confidential information, in
                                               Consideration will be given to                          electronically, including attachments, to
                                                                                                       https://www.regulations.gov/ will be                  its consideration of comments. The
                                               comments and suggestions submitted                                                                            second copy, which will have the
                                               within 60 days of this publication.                     posted to the docket unchanged.
                                                                                                       Because your comment will be made                     claimed confidential information
                                               Robert Sargis,                                          public, you are solely responsible for                redacted/blacked out, will be available
                                               Reports Clearance Officer.                              ensuring that your comment does not                   for public viewing and posted on
                                               [FR Doc. 2017–11234 Filed 5–30–17; 8:45 am]             include any confidential information                  https://www.regulations.gov/. Submit
                                                                                                       that you or a third party may not wish                both copies to the Division of Dockets
                                               BILLING CODE 4184–01–P
                                                                                                       to be posted, such as medical                         Management. If you do not wish your
                                                                                                       information, your or anyone else’s                    name and contact information to be
                                               DEPARTMENT OF HEALTH AND                                Social Security number, or confidential               made publicly available, you can
                                               HUMAN SERVICES                                          business information, such as a                       provide this information on the cover
                                                                                                       manufacturing process. Please note that               sheet and not in the body of your
                                               Food and Drug Administration                            if you include your name, contact                     comments and you must identify this
                                                                                                       information, or other information that                information as ‘‘confidential.’’ Any
                                               [Docket No. FDA–2010–N–0623]
                                                                                                       identifies you in the body of your                    information marked as ‘‘confidential’’
                                               Agency Information Collection                           comments, that information will be                    will not be disclosed except in
                                               Activities; Proposed Collection;                        posted on https://www.regulations.gov/.               accordance with 21 CFR 10.20 and other
                                               Comment Request; Voluntary                                 • If you want to submit a comment                  applicable disclosure law. For more
                                               Cosmetic Registration Program                           with confidential information that you                information about FDA’s posting of
                                                                                                       do not wish to be made available to the               comments to public dockets, see 80 FR
                                               AGENCY:    Food and Drug Administration,                public, submit the comment as a                       56469, September 18, 2015, or access
                                               HHS.                                                    written/paper submission and in the                   the information at: https://www.gpo.gov/
                                               ACTION:   Notice.                                       manner detailed (see ‘‘Written/Paper                  fdsys/pkg/FR-2015-09-18/pdf/2015-
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                       Submissions’’ and ‘‘Instructions’’).                  23389.pdf.
                                               SUMMARY:   The Food and Drug                                                                                     Docket: For access to the docket to
                                               Administration (FDA or Agency) is                       Written/Paper Submissions                             read background documents or the
                                               announcing an opportunity for public                      Submit written/paper submissions as                 electronic and written/paper comments
                                               comment on the proposed collection of                   follows:                                              received, go to https://
                                               certain information by the Agency.                        • Mail/Hand delivery/Courier (for                   www.regulations.gov/ and insert the
                                               Under the Paperwork Reduction Act of                    written/paper submissions): Division of               docket number, found in brackets in the


                                          VerDate Sep<11>2014   14:54 May 30, 2017   Jkt 241001   PO 00000   Frm 00044   Fmt 4703   Sfmt 4703   E:\FR\FM\31MYN1.SGM   31MYN1


                                               24978                       Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices

                                               heading of this document, into the                      distributed in interstate commerce. We                  Currently, under part 720, FDA
                                               ‘‘Search’’ box and follow the prompts                   have developed the VCRP to assist us in               requests firms that manufacture, pack,
                                               and/or go to the Division of Dockets                    carrying out our responsibility to                    or distribute cosmetics to file with the
                                               Management, 5630 Fishers Lane, Rm.                      regulate cosmetics.                                   Agency an ingredient statement for each
                                               1061, Rockville, MD 20852.                                 FDA is revising forms for the VCRP                 of their products. Filing of cosmetic
                                               FOR FURTHER INFORMATION CONTACT: Ila                    (Forms FDA 2511, 2512, 2512a, and                     product ingredient statements is
                                               Mizrachi, Office of Operations, Food                    2514) currently approved under OMB                    voluntary. Ingredient statements for new
                                               and Drug Administration, Three White                    control number 0910–0027, ‘‘Voluntary                 submissions are reported on Form FDA
                                               Flint North, 10A63, 11601 Landsdown                     Cosmetic Registration Program,’’ for the              2512, ‘‘Cosmetic Product Ingredient
                                               St., North Bethesda, MD 20852, 301–                     following reasons: (1) Modernizing the                Statement,’’ and on Form FDA 2512a, a
                                               796–7726, PRAStaff@fda.hhs.gov.                         forms; (2) decreasing burden to filers                continuation form. Amendments to
                                                                                                       who complete the forms; and (3)                       product formulations also are reported
                                               SUPPLEMENTARY INFORMATION: Under the
                                                                                                       reducing the time it will take FDA to                 on Forms FDA 2512 and FDA 2512a.
                                               PRA (44 U.S.C. 3501–3520), Federal
                                                                                                       review each submission. In addition,                  When a firm discontinues the
                                               Agencies must obtain approval from the
                                                                                                       Form FDA 2514 will be eliminated as it                commercial distribution of a cosmetic,
                                               Office of Management and Budget
                                                                                                       duplicates information that is currently              FDA requests that the firm file Form
                                               (OMB) for each collection of
                                                                                                       located on Form FDA 2512. FDA                         FDA 2514, ‘‘Notice of Discontinuance of
                                               information they conduct or sponsor.
                                                                                                       requests PRA approval for the proposed                Commercial Distribution of Cosmetic
                                               ‘‘Collection of information’’ is defined
                                                                                                       changes to these forms, and for the                   Product Formulation’’; however, filers
                                               in 44 U.S.C. 3502(3) and 5 CFR
                                                                                                       elimination of Form FDA 2514.                         may also notify FDA that they have
                                               1320.3(c) and includes Agency requests                                                                        discontinued a cosmetic product
                                               or requirements that members of the                        Participation in the VCRP is voluntary
                                                                                                       under provisions found in sections parts              formulation by submitting an amended
                                               public submit reports, keep records, or                                                                       Form FDA 2512, which would obviate
                                               provide information to a third party.                   710 and 720 (21 CFR parts 710 and 720).
                                                                                                       Participants have the option of                       the need for Form FDA 2514. If any of
                                               Section 3506(c)(2)(A) of the PRA (44                                                                          the information submitted on these
                                               U.S.C. 3506(c)(2)(A)) requires Federal                  submitting information via paper forms
                                                                                                       or via the online interface. The term                 forms is confidential, the firm may
                                               Agencies to provide a 60-day notice in                                                                        submit a request for confidentiality of a
                                               the Federal Register concerning each                    ‘‘form’’ refers to both the paper form and
                                                                                                       the online system.                                    cosmetic ingredient.
                                               proposed collection of information,                                                                             FDA’s proposed changes to the forms
                                               including each proposed extension of an                    Currently, in part 710, we request that
                                                                                                                                                             through the use of an electronic
                                               existing collection of information,                     establishments that manufacture or
                                                                                                                                                             submission system have been designed
                                               before submitting the collection to OMB                 package cosmetic products voluntarily
                                                                                                                                                             to make it easier for participants to
                                               for approval. To comply with this                       register with us using Form FDA 2511
                                                                                                                                                             provide information to FDA about their
                                               requirement, FDA is publishing notice                   entitled ‘‘Registration of Cosmetic                   products. They also assist participants,
                                               of the proposed collection of                           Product Establishment.’’ The term                     through interactive question and
                                               information set forth in this document.                 ‘‘Form FDA 2511’’ refers to both the                  response scenarios, to identify
                                                  With respect to the following                        paper and online versions of the form.                submissions that will be ineligible to be
                                               collection of information, FDA invites                  The online version of Form FDA 2511                   accepted in VCRP because they do not
                                               comments on these topics: (1) Whether                   is available on our VCRP Web site at                  meet parts 710 and 720 requirements.
                                               the proposed collection of information                  https://www.fda.gov/Cosmetics/                        The electronic submission system is
                                               is necessary for the proper performance                 RegistrationProgram/default.htm. We                   expected to reduce burden currently
                                               of FDA’s functions, including whether                   strongly encourage online registration of             associated with the manual
                                               the information will have practical                     Form FDA 2511 because it is faster and                identification process for filers and
                                               utility; (2) the accuracy of FDA’s                      more efficient for the filer and the                  FDA. The rejection rate for ineligible
                                               estimate of the burden of the proposed                  Agency. A registering facility will                   submissions when using the current
                                               collection of information, including the                receive confirmation of online                        forms is high: 51 percent for new
                                               validity of the methodology and                         registration, including a registration                accounts, 43 percent for Form FDA 2511
                                               assumptions used; (3) ways to enhance                   number by email. The online system                    registrations, and 7 percent for Form
                                               the quality, utility, and clarity of the                also allows for amendments to past                    FDA 2512 filings (2010–2016).
                                               information to be collected; and (4)                    submissions.                                            The revised forms include the
                                               ways to minimize the burden of the                         Because registration of cosmetic                   addition of links between Forms FDA
                                               collection of information on                            product establishments is not                         2511 and 2512, clarification of what
                                               respondents, including through the use                  mandatory, voluntary registration                     information should be entered onto the
                                               of automated collection techniques,                     provides FDA with the best information                forms, additional self-identifying fields,
                                               when appropriate, and other forms of                    available about the locations, business               removal of certain duplicative fields,
                                               information technology.                                 trade names, and types of activity                    and the deletion of Form FDA 2514.
                                                                                                       (manufacturing or packaging) of                       These changes are needed because both
                                               Voluntary Cosmetic Registration                         cosmetic product establishments. We                   VCRP voluntary filer participation and
                                               Program—21 CFR Parts 710 and 720                        place the registration information in a               FDA resources required to administer
                                               OMB Control Number 0910–0027—                           computer database and use the                         VCRP have increased significantly since
                                               Extension                                               information to generate mailing lists for             2014 (i.e., increases in new accounts
                                                 The Federal Food, Drug, and Cosmetic                  distributing regulatory information and               (156 percent), Form FDA 2511
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                                               Act (the FD&C Act) provides us with the                 for inviting firms to participate in                  registrations (405 percent), Form FDA
                                               authority to regulate cosmetic products                 workshops on topics in which they may                 2512 filings (67 percent), and FDA
                                               in the United States. Cosmetic products                 be interested. Registration is permanent,             review hours (59 percent) in 2016.)
                                               that are adulterated under section 601 of               although we request that respondents                    FDA’s current process confirms that
                                               the FD&C Act (21 U.S.C. 361) or                         submit an amended Form FDA 2511 if                    each submission meets the requirements
                                               misbranded under section 602 of the                     any of the originally submitted                       established in parts 710 and 720
                                               FD&C Act (21 U.S.C. 362) may not be                     information changes.                                  through the use of a manual process for


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                                                                                    Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices                                                                                               24979

                                               both filers and FDA reviewers that can                                  (3) FDA also revised Form FDA 2512                                       www.fda.gov/Cosmetics/Registration
                                               result in a long waiting period where                                and added questions asking, ‘‘Is this                                       Program/default.htm. The online filing
                                               filers must wait and respond to                                      product currently commercially                                              system contains the online versions of
                                               questions generated by FDA, which may                                distributed (annual sales exceed $1,000)                                    Forms FDA 2511, 2512, and 2512a.
                                               result in a high rejection rate. FDA                                 in the United States?’’, ‘‘PRODUCT                                             We place cosmetic product filing
                                               projects a significant reduction in                                  WEBSITE’’, and ‘‘Attach images of the                                       information in a computer database and
                                               rejection rates when using the revised                               front and back product labels to this
                                                                                                                                                                                                use the information when FDA receives
                                               forms. Examples of possible burden                                   form’’ to ensure that only cosmetics in
                                                                                                                                                                                                inquiries about cosmetics marketed in
                                               savings for participants and FDA                                     commercial distribution in the United
                                                                                                                                                                                                the United States. Because filing of
                                               include:                                                             States are filed in the VCRP.
                                                  (1) Form FDA 2511 asks filers if they                                (4) FDA linked Forms FDA 2511 and                                        cosmetic product formulations is not
                                               are a manufacturer or packer; however,                               2512 to reduce burden to filers who                                         mandatory, voluntary filings with FDA
                                               distributors and retailers have checked                              create multiple copies of Form FDA                                          provide us with the best information
                                               these boxes in error when neither                                    2512 that share the same establishment                                      available about cosmetic products,
                                               applies to them because there are no                                 addresses.                                                                  ingredients, frequency of use,
                                               distributor or retailer checkboxes on                                   (5) FDA clarified the information that                                   businesses engaged in the manufacture
                                               Form FDA 2511. Retailers have also                                   should be included on the forms by                                          and distribution of cosmetics, and
                                               filed Form FDA 2512 in error even                                    attaching simplified instructions and a                                     approximate rates of product
                                               though only manufacturers, packers,                                  link to VCRP online on Forms FDA                                            discontinuance and formula
                                               and distributors are permitted to do so.                             2511, 2512, and 2512a and adding titles                                     modifications. The information assists
                                               To correct these issues, FDA revised                                 and locations of various fields                                             our scientists in evaluating reports of
                                               Form FDA 2511 by updating the field                                  throughout Forms FDA 2511, 2512, and                                        adverse events submitted via MedWatch
                                               that allows filers to indicate the ‘‘TYPE                            2512a. We also added self-identifying                                       and Field Operators (FACTS). We also
                                               OF ESTABLISHMENT:                                                    fields such as phone number, email, and                                     use the information in identifying future
                                               MANUFACTURER/PACKER/OTHER                                            alternative authorized individual to                                        research projects, to evaluate the levels
                                               (Distributor or Retailer)’’ and updating                             Form FDA 2511 and 2512 to facilitate                                        and safety of certain ingredients in
                                               the field on Form FDA 2512 allowing                                  communication with the filers.                                              cosmetics.
                                               the filer to indicate ‘‘WHO IS FILING                                   (6) We also removed fields that have                                        Links to explanations of the revisions
                                               THIS STATEMENT: MANUFACTURER/                                        no modern use or request redundant                                          to Forms FDA 2511, 2512, and 2512a
                                               PACKER/DISTRIBUTOR/OTHER                                             information in multiple locations.                                          and instructions are available at https://
                                               (Retailer).’’                                                           (7) We removed Form FDA 2514 in its
                                                  (2) FDA revised Form FDA 2511 and                                                                                                             www.fda.gov/Cosmetics/Registration
                                                                                                                    entirety due to redundancy. (As noted,
                                               added questions asking, ‘‘Are you the                                filers may notify FDA that they are                                         Program/default.htm and entitled
                                               owner or operator of this facility?’’ and                            discontinuing a cosmetic product                                            ‘‘Voluntary Cosmetic Registration
                                               ‘‘Is the address on this form the location                           formulation on Form FDA 2512).                                              Program.’’
                                               of a cosmetic manufacturing and/or                                      FDA’s online filing system is available                                     We estimate the burden of this
                                               packing facility?’’                                                  on FDA’s VCRP Web site at https://                                          collection of information as follows:

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

                                               Part 710 (registrations) ..........................           FDA   2511 2                      934                            1                     934         0.20 (12 minutes) ......                       187
                                               720.1 through 720.4 (new submissions)                         FDA   2512 3                    7,108                            1                   7,108         0.33 (20 minutes) ......                     2,346
                                               720.6 (amendments) .............................              FDA   2512                      4,049                            1                   4,049         0.17 (10 minutes) ......                       688
                                               720.6 (notices of discontinuance) .........                   FDA   2512                         95                            1                      95         0.10 (6 minutes) ........                       10
                                               720.8 (requests for confidentiality) ........                                                     1                            1                       1         2 ................................               2

                                                    Total ................................................                    ........................   ........................   ........................    ....................................         3,233
                                                  1 Thereare no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 Theterm ‘‘Form FDA 2511’’ refers to both the paper Form FDA 2511 and online Form FDA 2511 in the online system known as the VCRP,
                                               which is available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.
                                                 3 The term ‘‘Form FDA 2512’’ refers to the paper Forms FDA 2512, and 2512a and online Form FDA 2512 in the online system known as the
                                               VCRP, which is available at https://www.fda.gov/Cosmetics/RegistrationProgram/default.htm.


                                                  We base our estimate of the total                                 2511, for a total of 934 annual                                             amended submissions on Forms FDA
                                               annual responses on paper and online                                 responses. Each submission is estimated                                     2512 and FDA 2512a. Each submission
                                               submissions received during calendar                                 to take 0.20 hour per response for a total                                  is estimated to take 0.33 hour per
                                               year 2016. We base our estimate of the                               of 186.8 hours, rounded to 187. The                                         response for a total of 2345.64 hours,
                                               hours per response upon information                                  number of Form FDA 2511 submissions                                         rounded to 2,346. We estimate the
                                               from cosmetic industry personnel and                                 has increased 405 percent compared to                                       number of Form FDA 2512 submissions
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                                               FDA experience entering data submitted                               2014 and we have no indication that                                         to increase 67 percent compared to 2014
                                               on paper Forms FDA 2511, 2512, and                                   this submission rate will stop                                              and we have no indication that this
                                               2512a into the online system.                                        increasing. We estimate that, annually,                                     submission rate will stop increasing. We
                                                  We estimate that, annually, 934
                                                                                                                    firms that manufacture, pack, or                                            estimate that, annually, firms that
                                               establishments that manufacture or
                                                                                                                    distribute cosmetics will file 7,108                                        manufacture, pack, or distribute
                                               package cosmetic products will each
                                               submit 1 registration on Form FDA                                    ingredient statements for new or                                            cosmetics will file 4,049 amendments to



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                                               24980                       Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices

                                               product formulations on Forms FDA                       compensation for certain individuals                    a. ‘‘[S]ustained, or had significantly
                                               2512 and FDA 2512a. Each submission                     who have been injured by specified                    aggravated, any illness, disability,
                                               is estimated to take 0.17 hour per                      childhood vaccines. Subtitle 2 of Title               injury, or condition not set forth in the
                                               response for a total of 688.33 hours,                   XXI of the PHS Act, 42 U.S.C. 300aa–                  Vaccine Injury Table but which was
                                               rounded to 688. We estimate that,                       10 et seq., provides that those seeking               caused by’’ one of the vaccines referred
                                               annually, firms that manufacture, pack,                 compensation are to file a petition with              to in the Table, or
                                               or distribute cosmetics will file 95                    the U.S. Court of Federal Claims and to                 b. ‘‘[S]ustained, or had significantly
                                               notices of discontinuance on Form FDA                   serve a copy of the petition on the                   aggravated, any illness, disability,
                                               2512. Each submission is estimated to                   Secretary of HHS, who is named as the                 injury, or condition set forth in the
                                               take 0.10 hour per response for a total                 respondent in each proceeding. The                    Vaccine Injury Table the first symptom
                                               of 9.5 hours, rounded to 10. We estimate                Secretary has delegated this                          or manifestation of the onset or
                                               that, annually, one firm will file one                  responsibility under the program to                   significant aggravation of which did not
                                               request for confidentiality. Each such                  HRSA. The Court is directed by statute                occur within the time period set forth in
                                               request is estimated to take 2 hours to                 to appoint special masters who take                   the Table but which was caused by a
                                               prepare for a total of 2 hours. Thus, the               evidence, conduct hearings as                         vaccine’’ referred to in the Table.
                                               total estimated hour burden for this                    appropriate, and make initial decisions                 In accordance with Section
                                               information collection is 3,233 hours.                  as to eligibility for, and amount of,                 2112(b)(2), all interested persons may
                                                 Dated: May 25, 2017.                                  compensation.                                         submit written information relevant to
                                               Anna K. Abram,                                             A petition may be filed with respect               the issues described above in the case of
                                               Deputy Commissioner for Policy, Planning,               to injuries, disabilities, illnesses,                 the petitions listed below. Any person
                                               Legislation, and Analysis.                              conditions, and deaths resulting from                 choosing to do so should file an original
                                               [FR Doc. 2017–11188 Filed 5–30–17; 8:45 am]             vaccines described in the Vaccine Injury              and three (3) copies of the information
                                               BILLING CODE 4164–01–P
                                                                                                       Table (the Table) set forth at 42 CFR                 with the Clerk of the U.S. Court of
                                                                                                       100.3. This Table lists for each covered              Federal Claims at the address listed
                                                                                                       childhood vaccine the conditions that                 above (under the heading FOR FURTHER
                                               DEPARTMENT OF HEALTH AND                                may lead to compensation and, for each                INFORMATION CONTACT), with a copy to
                                               HUMAN SERVICES                                          condition, the time period for                        HRSA addressed to Director, Division of
                                                                                                       occurrence of the first symptom or                    Injury Compensation Programs,
                                               Health Resources and Services                           manifestation of onset or of significant              Healthcare Systems Bureau, 5600
                                               Administration                                          aggravation after vaccine                             Fishers Lane, 08N146B, Rockville, MD
                                                                                                       administration. Compensation may also                 20857. The Court’s caption (Petitioner’s
                                               National Vaccine Injury Compensation                    be awarded for conditions not listed in               Name v. Secretary of HHS) and the
                                               Program; List of Petitions Received                     the Table and for conditions that are                 docket number assigned to the petition
                                               AGENCY: Health Resources and Services                   manifested outside the time periods                   should be used as the caption for the
                                               Administration, Department of Health                    specified in the Table, but only if the               written submission. Chapter 35 of title
                                               and Human Services.                                     petitioner shows that the condition was               44, United States Code, related to
                                               ACTION: Notice.                                         caused by one of the listed vaccines.                 paperwork reduction, does not apply to
                                                                                                          Section 2112(b)(2) of the PHS Act, 42              information required for purposes of
                                               SUMMARY:    HRSA is publishing this                     U.S.C. 300aa–12(b)(2), requires that                  carrying out the program.
                                               notice of petitions received under the                  ‘‘[w]ithin 30 days after the Secretary                 Dated: May 19, 2017.
                                               National Vaccine Injury Compensation                    receives service of any petition filed                George Sigounas,
                                               Program (the program), as required by                   under section 2111 the Secretary shall                Administrator.
                                               the Public Health Service (PHS) Act, as                 publish notice of such petition in the
                                               amended. While the Secretary of HHS is                  Federal Register.’’ Set forth below is a              List of Petitions Filed
                                               named as the respondent in all                          list of petitions received by HRSA on                 1. Anissa E. Rogers on behalf of L. C.,
                                               proceedings brought by the filing of                    April 1, 2017, through April 30, 2017.                     Fullerton, California, Court of
                                               petitions for compensation under the                    This list provides the name of the                         Federal Claims No: 17–0470V.
                                               program, the United States Court of                     petitioner, city and state of vaccination             2. John Solak, Binghamton, New York,
                                               Federal Claims is charged by statute                    (if unknown then city and state of                         Court of Federal Claims No: 17–
                                               with responsibility for considering and                 person or attorney filing claim), and                      0472V.
                                               acting upon the petitions.                              case number. In cases where the Court                 3. Dolores Justice, Pittsburgh,
                                               FOR FURTHER INFORMATION CONTACT: For                    has redacted the name of the petitioner                    Pennsylvania, Court of Federal
                                               information about requirements for                      and/or the case number, the list reflects                  Claims No: 17–0476V.
                                               filing petitions, and the program in                    such redaction.                                       4. Ruben Abeyta, Flagstaff, Arizona,
                                               general, contact the Acting Clerk of the                   Section 2112(b)(2) also provides that                   Court of Federal Claims No: 17–
                                               Court, Lisa L. Reyes, United States Court               the special master ‘‘shall afford all                      0477V.
                                               of Federal Claims, 717 Madison Place                    interested persons an opportunity to                  5. Hillary Adams, Phoenix, Arizona,
                                               NW., Washington, DC 20005, (202) 357–                   submit relevant, written information’’                     Court of Federal Claims No: 17–
                                               6400. For information on HRSA’s role in                 relating to the following:                                 0478V.
                                               the program, contact the Director,                         1. The existence of evidence ‘‘that                6. Emma Sullivan, Phoenix, Arizona,
                                               National Vaccine Injury Compensation                    there is not a preponderance of the                        Court of Federal Claims No: 17–
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                                               Program, 5600 Fishers Lane, Room                        evidence that the illness, disability,                     0480V.
                                               08N146B, Rockville, MD 20857; (301)                     injury, condition, or death described in              7. Joanne Gurney, Fall River,
                                               443–6593, or visit our Web site at:                     the petition is due to factors unrelated                   Massachusetts, Court of Federal
                                               http://www.hrsa.gov/vaccine                             to the administration of the vaccine                       Claims No: 17–0481V.
                                               compensation/index.html.                                described in the petition,’’ and                      8. Daniel Jenson, Hillsboro, North
                                               SUPPLEMENTARY INFORMATION: The                             2. Any allegation in a petition that the                Dakota, Court of Federal Claims No:
                                               program provides a system of no-fault                   petitioner either:                                         17–0482V.


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Document Created: 2017-05-31 05:59:34
Document Modified: 2017-05-31 05:59:34
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.
ContactIla Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 24977 

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