82_FR_27615 82 FR 27501 - Agency Information Collection Activities; Proposed Collection; Comment Request; Recordkeeping and Reporting Requirements for Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing Material From Cattle

82 FR 27501 - Agency Information Collection Activities; Proposed Collection; Comment Request; Recordkeeping and Reporting Requirements for Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing Material From Cattle

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 114 (June 15, 2017)

Page Range27501-27504
FR Document2017-12448

The Food and Drug Administration (FDA) 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 existing FDA regulations concerning FDA-regulated human food, including dietary supplements, and cosmetics manufactured from, processed with, or otherwise containing material derived from cattle.

Federal Register, Volume 82 Issue 114 (Thursday, June 15, 2017)
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27501-27504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12448]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0505]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Recordkeeping and Reporting Requirements for Human 
Food and Cosmetics Manufactured From, Processed With, or Otherwise 
Containing Material From Cattle

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) 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 existing FDA regulations concerning FDA-regulated human 
food, including dietary supplements, and cosmetics manufactured from, 
processed with, or otherwise containing material derived from cattle.

DATES: Submit either electronic or written comments on the collection 
of information by August 14, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2009-N-0505 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Recordkeeping and Reporting 
Requirements for Human Food and Cosmetics Manufactured From, Processed 
With, or Otherwise Containing Material From Cattle.'' Received comments 
will be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://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, 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

[[Page 27502]]

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.

Recordkeeping and Reporting Requirements for Human Food and Cosmetics 
Manufactured From, Processed With, or Otherwise Containing Material 
From Cattle--21 CFR 189.5 and 700.27

OMB Control Number 0910-0623--Extension

    FDA's regulations in Sec. Sec.  189.5 and 700.27 (21 CFR 189.5 and 
700.27) set forth bovine spongiform encephalopathy (BSE)-related 
restrictions applicable to FDA-regulated human food and cosmetics. The 
regulations designate certain materials from cattle as ``prohibited 
cattle materials,'' including specified risk materials (SRMs), the 
small intestine of cattle not otherwise excluded from being a 
prohibited cattle material, material from nonambulatory disabled 
cattle, and mechanically separated (MS) beef. Sections 189.5(c) and 
700.27(c) set forth the requirements for recordkeeping and records 
access for FDA-regulated human food, including dietary supplements, and 
cosmetics manufactured from, processed with, or otherwise containing 
material derived from cattle. The FDA issued these recordkeeping 
regulations under the adulteration provisions in sections 402(a)(2)(C), 
(a)(3), (a)(4), (a)(5), 601(c), and 701(a) of the Federal Food, Drug, 
and Cosmetic Act (the FD&C Act) (21 U.S.C. 342(a)(2)(C), (a)(3), 
(a)(4), (a)(5), 361(c), and 371(a)). Under section 701(a) of the FD&C 
Act, the FDA is authorized to issue regulations for the FD&C Act's 
efficient enforcement. With regard to records concerning imported human 
food and cosmetics, the FDA relied on its authority under sections 
701(b) and 801(a) of the FD&C Act (21 U.S.C. 371(b) and 381(a)). 
Section 801(a) of the FD&C Act provides requirements with regard to 
imported human food and cosmetics and provides for refusal of admission 
of human food and cosmetics that appear to be adulterated into the 
United States. Section 701(b) of the FD&C Act authorizes the 
Secretaries of Treasury and Health and Human Services to jointly 
prescribe regulations for the efficient enforcement of section 801 of 
the FD&C Act.
    These requirements are necessary because once materials are 
separated from an animal it may not be possible, without records, to 
know the following: (1) Whether cattle material may contain SRMs 
(brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column 
(excluding the vertebrae of the tail, the transverse processes of the 
thoracic and lumbar vertebrae and the wings of the sacrum), and dorsal 
root ganglia from animals 30 months and older and tonsils and distal 
ileum of the small intestine from all animals of all ages); (2) whether 
the source animal for cattle material was inspected and passed; (3) 
whether the source animal for cattle material was nonambulatory 
disabled or MS beef; and (4) whether tallow in human food or cosmetics 
contain less than 0.15 percent insoluble impurities.
    FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) require 
manufacturers and processors of human food and cosmetics manufactured 
from, processed with, or otherwise containing material from cattle 
establish and maintain records sufficient to demonstrate that the human 
food or cosmetics are not manufactured from, processed with, or 
otherwise contains prohibited cattle materials. These records must be 
retained for 2 years at the manufacturing or processing establishment 
or at a reasonably accessible location. Maintenance of electronic 
records is acceptable, and electronic records are considered to be 
reasonably accessible if they are accessible from an onsite location. 
Records required by these sections and existing records relevant to 
compliance with these sections must be available to FDA for inspection 
and copying. Existing records may be used if they contain all of the 
required information and are retained for the required time period.
    Because FDA does not easily have access to records maintained at 
foreign establishments, FDA regulations in Sec. Sec.  189.5(c)(6) and 
700.27(c)(6), respectively, require that when filing for entry with 
U.S. Customs and Border Protection, the importer of record of human 
food or cosmetics manufactured from, processed with, or otherwise 
containing cattle material must affirm that the human food or cosmetics 
were manufactured from, processed with, or otherwise containing-cattle 
material and must affirm that the human food or cosmetics were 
manufactured in accordance with the applicable requirements of 
Sec. Sec.  189.5 or 700.27. In addition, if human food or cosmetics 
were manufactured from, processed with, or otherwise containing-cattle 
material, the importer of record must provide within 5 business days 
records sufficient to demonstrate that the human food or cosmetics were 
not manufactured from, processed with, or otherwise contains prohibited 
cattle material, if requested.
    Under FDA's regulations, FDA may designate a country from which 
cattle materials inspected and passed for human consumption are not 
considered prohibited cattle materials, and their use does not render 
human food or cosmetics adulterated. Sections 189.5(e) and 700.27(e) 
provide that a country seeking to be designated must send a written 
request to the Director of the Center for Food Safety and Applied 
Nutrition (CFSAN Director). The information the country is required to 
submit includes information about a country's BSE case history, risk 
factors, measures to prevent the introduction and transmission of BSE, 
and any other information relevant to determining whether SRMs, the 
small intestine of cattle not otherwise excluded from being a 
prohibited cattle material, material from nonambulatory disabled 
cattle, or MS beef from the country seeking designation should be 
considered prohibited cattle materials. FDA uses the information to 
determine whether to grant a request for designation and to impose 
conditions if a request is granted.
    Sections 189.5 and 700.27 further state that countries designated 
under Sec. Sec.  189.5(e) and 700.27(e) will be subject to future 
review by FDA to determine whether their designations remain 
appropriate. As part of this process, FDA may ask designated countries 
to confirm their BSE situation and the information submitted by them, 
in support of their original application, has remained unchanged. FDA 
may revoke a country's designation if FDA determines that it is no 
longer appropriate. Therefore, designated countries may respond to 
periodic FDA requests by submitting information to confirm their 
designations remain appropriate. FDA uses the information to ensure 
their designations remain appropriate.
    Description of Respondents: Respondents to this information

[[Page 27503]]

collection include manufacturers, processors, and importers of FDA 
regulated human food, including dietary supplements, and cosmetics 
manufactured from, processed with, or otherwise containing material 
derived from cattle, as well as, with regard to Sec. Sec.  189.5(e) and 
700.27(e), foreign governments seeking designation under those 
regulations.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
               21 CFR section                    Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
189.5(c)(6) and 700.27(c)(6)................          54,825               1          54,825  .033 (2 minutes)..........................           1,809
189.5(e) and 700.27(e); request for                        1               1               1  80........................................              80
 designation.
189.5(e) and 700.27(e); response to request                1               1               1  26........................................              26
 for review by FDA.
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................           1,915
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                  Activity                       Number of      records per    Total annual         Average burden per recordkeeper         Total hours
                                               recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Domestic facilities.........................             697              52          36,244  .25 (15 minutes)..........................           9,061
Foreign facilities..........................             916              52          47,632  .25 (15 minutes)..........................          11,908
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................          20,969
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Except where otherwise noted, this estimate is based on FDA's 
estimate of the number of facilities affected by the final rule 
entitled, ``Recordkeeping Requirements for Human Food and Cosmetics 
Manufactured From, Processed With, or Otherwise Containing Material 
From Cattle'' published in the Federal Register of October 11, 2006 (71 
FR 59653).
    Reporting: FDA's regulations in Sec. Sec.  189.5(c)(6) and 
700.27(c)(6) impose a reporting burden on importers of human food and 
cosmetics manufactured from, processed with, or otherwise containing 
cattle material. Importers of these products must affirm that the human 
food or cosmetics are not manufactured from, processed with, or 
otherwise contain prohibited cattle materials and must affirm that the 
human food or cosmetics were manufactured in accordance with the 
applicable requirements of Sec. Sec.  189.5 or 700.27. The affirmation 
is made by the importer of record to the FDA through FDA's Operational 
and Administrative System for Import Support. Affirmation by importers 
is expected to take approximately 2 minutes per entry line. Table 2 
shows 54,825 lines of human food and cosmetics likely to contain cattle 
materials are imported annually. The reporting burden of affirming 
whether import entry lines contain cattle-derived materials is 
estimated to take 1,809 hours annually (54,825 lines x 2 minutes per 
line).
    FDA's estimate of the reporting burden for designation under 
Sec. Sec.  189.5 and 700.27 is based on its experience and the average 
number of requests for designation received in the past 3 years. In the 
last 3 years, FDA has not received any requests for designation. Thus, 
FDA estimates that one or fewer will be received annually in the 
future. Based on this experience, FDA estimates the annual number of 
new requests for designation will be one. FDA estimates that preparing 
the information required by Sec. Sec.  189.5 and 700.27 and submitting 
it to FDA in the form of a written request to the CFSAN Director will 
require a burden of approximately 80 hours per request. Thus, the 
burden for new requests for designation is estimated to be 80 hours 
annually, as shown in table 1, row 2.
    Under Sec. Sec.  189.5(e) and 700.27(e), designated countries are 
subject to future review by FDA and may respond to periodic FDA 
requests by submitting information to confirm their designations remain 
appropriate. In the last 3 years, FDA has not requested any reviews. 
Thus, FDA estimates that one or fewer will occur annually in the 
future. FDA estimates that the designated country undergoing a review 
in the future will need one-third of the time it took preparing its 
request for designation to respond to FDA's request for review, or 26 
hours (80 hours x 0.33 = 26.4 hours, rounded to 26). The annual burden 
for reviews is estimated to be 26 hours, as shown in table 1, row 3. 
The total reporting burden for this information collection is estimated 
to be 1,915 hours annually.
    Recordkeeping: FDA estimates that there are 697 domestic facility 
relationships and 916 foreign facility relationships consisting of the 
following facilities: An input supplier of cattle-derived materials 
that requires records (the upstream facility) and a purchaser of 
cattle-derived materials requiring documentation (this may be a human 
food or cosmetics manufacturer or processor). The recordkeeping burden 
of FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) is the burden 
of sending, verifying, and storing documents regarding shipments of 
cattle material that is to be used in human food and cosmetics.
    In this estimate of the recordkeeping burden, FDA treats these 
recordkeeping activities as shared activities between the upstream and 
downstream facilities. It is in the best interests of both facilities 
in the relationship to share the burden necessary to comply with the 
regulations; therefore, FDA estimates the time burden of developing 
these records as a joint task between the two facilities. Thus, FDA 
estimates that this recordkeeping burden will be about 15 minutes per 
week, or 13 hours per year, and FDA assumes that the recordkeeping 
burden will be shared between 2 entities (i.e., the ingredient supplier 
and the manufacturer of

[[Page 27504]]

finished products). Therefore, the total recordkeeping burden for 
domestic facilities is estimated to be 9,061 hours (13 hours x 697), 
and the total recordkeeping burden for foreign facilities is estimated 
to be 11,908 hours (13 hours x 916), as shown in table 2.

    Dated: June 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12448 Filed 6-14-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                             Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices                                          27501

                                               with the opportunity to vote on the                       • Federal eRulemaking Portal:                        copies total. One copy will include the
                                               listed nominees. Only organizations                     https://www.regulations.gov. Follow the                information you claim to be confidential
                                               vote in the selection process. Persons                  instructions for submitting comments.                  with a heading or cover note that states
                                               who nominate themselves to serve as                     Comments submitted electronically,                     ‘‘THIS DOCUMENT CONTAINS
                                               voting or nonvoting consumer                            including attachments, to https://                     CONFIDENTIAL INFORMATION.’’ The
                                               representatives will not participate in                 www.regulations.gov will be posted to                  Agency will review this copy, including
                                               the selection process.                                  the docket unchanged. Because your                     the claimed confidential information, in
                                                  This notice is issued under the                      comment will be made public, you are                   its consideration of comments. The
                                               Federal Advisory Committee Act (5                       solely responsible for ensuring that your              second copy, which will have the
                                               U.S.C. app. 2) and 21 CFR part 14,                      comment does not include any                           claimed confidential information
                                               relating to advisory committees.                        confidential information that you or a                 redacted/blacked out, will be available
                                                 Dated: June 9, 2017.                                  third party may not wish to be posted,                 for public viewing and posted on
                                                                                                       such as medical information, your or                   https://www.regulations.gov. Submit
                                               Anna K. Abram,
                                                                                                       anyone else’s Social Security number, or               both copies to the Division of Dockets
                                               Deputy Commissioner for Policy, Planning,               confidential business information, such
                                               Legislation and Analysis.                                                                                      Management. If you do not wish your
                                                                                                       as a manufacturing process. Please note                name and contact information to be
                                               [FR Doc. 2017–12352 Filed 6–14–17; 8:45 am]
                                                                                                       that if you include your name, contact                 made publicly available, you can
                                               BILLING CODE 4164–01–P                                  information, or other information that                 provide this information on the cover
                                                                                                       identifies you in the body of your                     sheet and not in the body of your
                                                                                                       comments, that information will be                     comments and you must identify this
                                               DEPARTMENT OF HEALTH AND                                posted on https://www.regulations.gov.
                                               HUMAN SERVICES                                                                                                 information as ‘‘confidential.’’ Any
                                                                                                         • If you want to submit a comment                    information marked as ‘‘confidential’’
                                                                                                       with confidential information that you                 will not be disclosed except in
                                               Food and Drug Administration
                                                                                                       do not wish to be made available to the                accordance with 21 CFR 10.20 and other
                                               [Docket No. FDA–2009–N–0505]                            public, submit the comment as a                        applicable disclosure law. For more
                                                                                                       written/paper submission and in the                    information about FDA’s posting of
                                               Agency Information Collection                           manner detailed (see ‘‘Written/Paper                   comments to public dockets, see 80 FR
                                               Activities; Proposed Collection;                        Submissions’’ and ‘‘Instructions’’).                   56469, September 18, 2015, or access
                                               Comment Request; Recordkeeping
                                                                                                       Written/Paper Submissions                              the information at: http://www.gpo.gov/
                                               and Reporting Requirements for
                                                                                                                                                              fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               Human Food and Cosmetics                                   Submit written/paper submissions as
                                                                                                                                                              23389.pdf.
                                               Manufactured From, Processed With,                      follows:                                                  Docket: For access to the docket to
                                               or Otherwise Containing Material From                      • Mail/Hand delivery/Courier (for
                                                                                                                                                              read background documents or the
                                               Cattle                                                  written/paper submissions): Division of
                                                                                                                                                              electronic and written/paper comments
                                                                                                       Dockets Management (HFA–305), Food
                                               AGENCY:    Food and Drug Administration,                                                                       received, go to https://
                                                                                                       and Drug Administration, 5630 Fishers
                                               HHS.                                                                                                           www.regulations.gov and insert the
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.
                                               ACTION:   Notice.                                          • For written/paper comments                        docket number, found in brackets in the
                                                                                                       submitted to the Division of Dockets                   heading of this document, into the
                                               SUMMARY:   The Food and Drug                            Management, FDA will post your                         ‘‘Search’’ box and follow the prompts
                                               Administration (FDA) is announcing an                   comment, as well as any attachments,                   and/or go to the Division of Dockets
                                               opportunity for public comment on the                   except for information submitted,                      Management, 5630 Fishers Lane, Rm.
                                               proposed collection of certain                          marked and identified, as confidential,                1061, Rockville, MD 20852.
                                               information by the Agency. Under the                    if submitted as detailed in                            FOR FURTHER INFORMATION CONTACT: Ila
                                               Paperwork Reduction Act of 1995 (the                    ‘‘Instructions.’’                                      S. Mizrachi, Office of Operations, Food
                                               PRA), Federal Agencies are required to                     Instructions: All submissions received              and Drug Administration, Three White
                                               publish notice in the Federal Register                  must include the Docket No. FDA–                       Flint North, 10A63, 11601 Landsdown
                                               concerning each proposed collection of                  2009–N–0505 for ‘‘Agency Information                   St., North Bethesda, MD 20852, 301–
                                               information, including each proposed                    Collection Activities; Proposed                        796–7726.
                                               extension of an existing collection of                  Collection; Comment Request;                           SUPPLEMENTARY INFORMATION: Under the
                                               information, and to allow 60 days for                   Recordkeeping and Reporting                            PRA (44 U.S.C. 3501–3520), Federal
                                               public comment in response to the                       Requirements for Human Food and                        Agencies must obtain approval from the
                                               notice. This notice solicits comments on                Cosmetics Manufactured From,                           Office of Management and Budget
                                               the information collection provisions of                Processed With, or Otherwise                           (OMB) for each collection of
                                               existing FDA regulations concerning                     Containing Material From Cattle.’’                     information they conduct or sponsor.
                                               FDA-regulated human food, including                     Received comments will be placed in                    ‘‘Collection of information’’ is defined
                                               dietary supplements, and cosmetics                      the docket and, except for those                       in 44 U.S.C. 3502(3) and 5 CFR
                                               manufactured from, processed with, or                   submitted as ‘‘Confidential                            1320.3(c) and includes Agency requests
                                               otherwise containing material derived                   Submissions,’’ publicly viewable at                    or requirements that members of the
                                               from cattle.                                            https://www.regulations.gov or at the                  public submit reports, keep records, or
                                               DATES: Submit either electronic or                      Division of Dockets Management                         provide information to a third party.
pmangrum on DSK3GDR082PROD with NOTICES




                                               written comments on the collection of                   between 9 a.m. and 4 p.m., Monday                      Section 3506(c)(2)(A) of the PRA (44
                                               information by August 14, 2017.                         through Friday.                                        U.S.C. 3506(c)(2)(A)) requires Federal
                                               ADDRESSES: You may submit comments                         • Confidential Submissions—To                       Agencies to provide a 60-day notice in
                                               as follows:                                             submit a comment with confidential                     the Federal Register concerning each
                                                                                                       information that you do not wish to be                 proposed collection of information,
                                               Electronic Submissions                                  made publicly available, submit your                   including each proposed extension of an
                                                 Submit electronic comments in the                     comments only as a written/paper                       existing collection of information,
                                               following way:                                          submission. You should submit two                      before submitting the collection to OMB


                                          VerDate Sep<11>2014   14:10 Jun 14, 2017   Jkt 241001   PO 00000   Frm 00040   Fmt 4703   Sfmt 4703   E:\FR\FM\15JNN1.SGM   15JNN1


                                               27502                         Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices

                                               for approval. To comply with this                       801(a) of the FD&C Act (21 U.S.C. 371(b)               containing cattle material must affirm
                                               requirement, FDA is publishing notice                   and 381(a)). Section 801(a) of the FD&C                that the human food or cosmetics were
                                               of the proposed collection of                           Act provides requirements with regard                  manufactured from, processed with, or
                                               information set forth in this document.                 to imported human food and cosmetics                   otherwise containing-cattle material and
                                                  With respect to the following                        and provides for refusal of admission of               must affirm that the human food or
                                               collection of information, FDA invites                  human food and cosmetics that appear                   cosmetics were manufactured in
                                               comments on these topics: (1) Whether                   to be adulterated into the United States.              accordance with the applicable
                                               the proposed collection of information                  Section 701(b) of the FD&C Act                         requirements of §§ 189.5 or 700.27. In
                                               is necessary for the proper performance                 authorizes the Secretaries of Treasury                 addition, if human food or cosmetics
                                               of FDA’s functions, including whether                   and Health and Human Services to                       were manufactured from, processed
                                               the information will have practical                     jointly prescribe regulations for the                  with, or otherwise containing-cattle
                                               utility; (2) the accuracy of FDA’s                      efficient enforcement of section 801 of                material, the importer of record must
                                               estimate of the burden of the proposed                  the FD&C Act.                                          provide within 5 business days records
                                               collection of information, including the                   These requirements are necessary                    sufficient to demonstrate that the
                                               validity of the methodology and                         because once materials are separated                   human food or cosmetics were not
                                               assumptions used; (3) ways to enhance                   from an animal it may not be possible,                 manufactured from, processed with, or
                                               the quality, utility, and clarity of the                without records, to know the following:                otherwise contains prohibited cattle
                                               information to be collected; and (4)                    (1) Whether cattle material may contain                material, if requested.
                                               ways to minimize the burden of the                      SRMs (brain, skull, eyes, trigeminal                      Under FDA’s regulations, FDA may
                                               collection of information on                            ganglia, spinal cord, vertebral column                 designate a country from which cattle
                                               respondents, including through the use                  (excluding the vertebrae of the tail, the              materials inspected and passed for
                                               of automated collection techniques,                     transverse processes of the thoracic and               human consumption are not considered
                                               when appropriate, and other forms of                    lumbar vertebrae and the wings of the                  prohibited cattle materials, and their use
                                               information technology.                                 sacrum), and dorsal root ganglia from                  does not render human food or
                                                                                                       animals 30 months and older and                        cosmetics adulterated. Sections 189.5(e)
                                               Recordkeeping and Reporting                             tonsils and distal ileum of the small                  and 700.27(e) provide that a country
                                               Requirements for Human Food and                         intestine from all animals of all ages);               seeking to be designated must send a
                                               Cosmetics Manufactured From,                            (2) whether the source animal for cattle               written request to the Director of the
                                               Processed With, or Otherwise                            material was inspected and passed; (3)                 Center for Food Safety and Applied
                                               Containing Material From Cattle—21                      whether the source animal for cattle                   Nutrition (CFSAN Director). The
                                               CFR 189.5 and 700.27                                    material was nonambulatory disabled or                 information the country is required to
                                               OMB Control Number 0910–0623—                           MS beef; and (4) whether tallow in                     submit includes information about a
                                               Extension                                               human food or cosmetics contain less                   country’s BSE case history, risk factors,
                                                                                                       than 0.15 percent insoluble impurities.                measures to prevent the introduction
                                                  FDA’s regulations in §§ 189.5 and                       FDA’s regulations in §§ 189.5(c) and                and transmission of BSE, and any other
                                               700.27 (21 CFR 189.5 and 700.27) set                    700.27(c) require manufacturers and                    information relevant to determining
                                               forth bovine spongiform                                 processors of human food and cosmetics                 whether SRMs, the small intestine of
                                               encephalopathy (BSE)-related                            manufactured from, processed with, or                  cattle not otherwise excluded from
                                               restrictions applicable to FDA-regulated                otherwise containing material from                     being a prohibited cattle material,
                                               human food and cosmetics. The                           cattle establish and maintain records                  material from nonambulatory disabled
                                               regulations designate certain materials                 sufficient to demonstrate that the                     cattle, or MS beef from the country
                                               from cattle as ‘‘prohibited cattle                      human food or cosmetics are not                        seeking designation should be
                                               materials,’’ including specified risk                   manufactured from, processed with, or                  considered prohibited cattle materials.
                                               materials (SRMs), the small intestine of                otherwise contains prohibited cattle                   FDA uses the information to determine
                                               cattle not otherwise excluded from                      materials. These records must be                       whether to grant a request for
                                               being a prohibited cattle material,                     retained for 2 years at the manufacturing              designation and to impose conditions if
                                               material from nonambulatory disabled                    or processing establishment or at a                    a request is granted.
                                               cattle, and mechanically separated (MS)                 reasonably accessible location.                           Sections 189.5 and 700.27 further
                                               beef. Sections 189.5(c) and 700.27(c) set               Maintenance of electronic records is                   state that countries designated under
                                               forth the requirements for recordkeeping                acceptable, and electronic records are                 §§ 189.5(e) and 700.27(e) will be subject
                                               and records access for FDA-regulated                    considered to be reasonably accessible if              to future review by FDA to determine
                                               human food, including dietary                           they are accessible from an onsite                     whether their designations remain
                                               supplements, and cosmetics                              location. Records required by these                    appropriate. As part of this process,
                                               manufactured from, processed with, or                   sections and existing records relevant to              FDA may ask designated countries to
                                               otherwise containing material derived                   compliance with these sections must be                 confirm their BSE situation and the
                                               from cattle. The FDA issued these                       available to FDA for inspection and                    information submitted by them, in
                                               recordkeeping regulations under the                     copying. Existing records may be used                  support of their original application, has
                                               adulteration provisions in sections                     if they contain all of the required                    remained unchanged. FDA may revoke
                                               402(a)(2)(C), (a)(3), (a)(4), (a)(5), 601(c),           information and are retained for the                   a country’s designation if FDA
                                               and 701(a) of the Federal Food, Drug,                   required time period.                                  determines that it is no longer
                                               and Cosmetic Act (the FD&C Act) (21                        Because FDA does not easily have                    appropriate. Therefore, designated
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                                               U.S.C. 342(a)(2)(C), (a)(3), (a)(4), (a)(5),            access to records maintained at foreign                countries may respond to periodic FDA
                                               361(c), and 371(a)). Under section 701(a)               establishments, FDA regulations in                     requests by submitting information to
                                               of the FD&C Act, the FDA is authorized                  §§ 189.5(c)(6) and 700.27(c)(6),                       confirm their designations remain
                                               to issue regulations for the FD&C Act’s                 respectively, require that when filing for             appropriate. FDA uses the information
                                               efficient enforcement. With regard to                   entry with U.S. Customs and Border                     to ensure their designations remain
                                               records concerning imported human                       Protection, the importer of record of                  appropriate.
                                               food and cosmetics, the FDA relied on                   human food or cosmetics manufactured                      Description of Respondents:
                                               its authority under sections 701(b) and                 from, processed with, or otherwise                     Respondents to this information


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                                                                                       Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices                                                                                              27503

                                               collection include manufacturers,                                         manufactured from, processed with, or                                        governments seeking designation under
                                               processors, and importers of FDA                                          otherwise containing material derived                                        those regulations.
                                               regulated human food, including dietary                                   from cattle, as well as, with regard to                                        FDA estimates the burden of this
                                               supplements, and cosmetics                                                §§ 189.5(e) and 700.27(e), foreign                                           collection of information as follows:

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                             Number of                      Total                           Average
                                                                                                                                  Number of
                                                                         21 CFR section                                                                    responses per                   annual                         burden per                    Total hours
                                                                                                                                 respondents                 respondent                  responses                         response

                                               189.5(c)(6) and 700.27(c)(6) ....................................                             54,825                             1                  54,825        .033 (2 minutes) ........                     1,809
                                               189.5(e) and 700.27(e); request for designation .....                                              1                             1                       1        80 ..............................                80
                                               189.5(e) and 700.27(e); response to request for re-                                                1                             1                       1        26 ..............................                26
                                                 view by FDA.

                                                     Total ..................................................................   ........................   ........................   ........................   ....................................          1,915
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                        TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                              Number of                                                   Average
                                                                                                                                  Number of                                            Total annual
                                                                                Activity                                                                     records per                                                 burden per                     Total hours
                                                                                                                                recordkeepers                                            records
                                                                                                                                                            recordkeeper                                                recordkeeper

                                               Domestic facilities ....................................................                           697                          52                  36,244        .25 (15 minutes) ........                     9,061
                                               Foreign facilities .......................................................                         916                          52                  47,632        .25 (15 minutes) ........                    11,908

                                                     Total ..................................................................   ........................   ........................   ........................   ....................................         20,969
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Except where otherwise noted, this                                        FDA’s estimate of the reporting                                           to be 26 hours, as shown in table 1, row
                                               estimate is based on FDA’s estimate of                                    burden for designation under §§ 189.5                                        3. The total reporting burden for this
                                               the number of facilities affected by the                                  and 700.27 is based on its experience                                        information collection is estimated to be
                                               final rule entitled, ‘‘Recordkeeping                                      and the average number of requests for                                       1,915 hours annually.
                                               Requirements for Human Food and                                           designation received in the past 3 years.                                       Recordkeeping: FDA estimates that
                                               Cosmetics Manufactured From,                                              In the last 3 years, FDA has not received                                    there are 697 domestic facility
                                               Processed With, or Otherwise                                              any requests for designation. Thus, FDA                                      relationships and 916 foreign facility
                                               Containing Material From Cattle’’                                         estimates that one or fewer will be                                          relationships consisting of the following
                                               published in the Federal Register of                                      received annually in the future. Based                                       facilities: An input supplier of cattle-
                                               October 11, 2006 (71 FR 59653).                                           on this experience, FDA estimates the                                        derived materials that requires records
                                                  Reporting: FDA’s regulations in                                        annual number of new requests for                                            (the upstream facility) and a purchaser
                                               §§ 189.5(c)(6) and 700.27(c)(6) impose a                                  designation will be one. FDA estimates                                       of cattle-derived materials requiring
                                               reporting burden on importers of human                                    that preparing the information required                                      documentation (this may be a human
                                               food and cosmetics manufactured from,                                     by §§ 189.5 and 700.27 and submitting                                        food or cosmetics manufacturer or
                                               processed with, or otherwise containing                                   it to FDA in the form of a written                                           processor). The recordkeeping burden of
                                               cattle material. Importers of these                                       request to the CFSAN Director will                                           FDA’s regulations in §§ 189.5(c) and
                                               products must affirm that the human                                       require a burden of approximately 80                                         700.27(c) is the burden of sending,
                                               food or cosmetics are not manufactured                                    hours per request. Thus, the burden for                                      verifying, and storing documents
                                               from, processed with, or otherwise                                        new requests for designation is                                              regarding shipments of cattle material
                                               contain prohibited cattle materials and                                   estimated to be 80 hours annually, as                                        that is to be used in human food and
                                               must affirm that the human food or                                        shown in table 1, row 2.                                                     cosmetics.
                                               cosmetics were manufactured in                                               Under §§ 189.5(e) and 700.27(e),                                             In this estimate of the recordkeeping
                                               accordance with the applicable                                            designated countries are subject to                                          burden, FDA treats these recordkeeping
                                               requirements of §§ 189.5 or 700.27. The                                   future review by FDA and may respond                                         activities as shared activities between
                                               affirmation is made by the importer of                                    to periodic FDA requests by submitting                                       the upstream and downstream facilities.
                                               record to the FDA through FDA’s                                           information to confirm their                                                 It is in the best interests of both facilities
                                               Operational and Administrative System                                     designations remain appropriate. In the                                      in the relationship to share the burden
                                               for Import Support. Affirmation by                                        last 3 years, FDA has not requested any                                      necessary to comply with the
                                               importers is expected to take                                             reviews. Thus, FDA estimates that one                                        regulations; therefore, FDA estimates
                                               approximately 2 minutes per entry line.                                   or fewer will occur annually in the                                          the time burden of developing these
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                                               Table 2 shows 54,825 lines of human                                       future. FDA estimates that the                                               records as a joint task between the two
                                               food and cosmetics likely to contain                                      designated country undergoing a review                                       facilities. Thus, FDA estimates that this
                                               cattle materials are imported annually.                                   in the future will need one-third of the                                     recordkeeping burden will be about 15
                                               The reporting burden of affirming                                         time it took preparing its request for                                       minutes per week, or 13 hours per year,
                                               whether import entry lines contain                                        designation to respond to FDA’s request                                      and FDA assumes that the
                                               cattle-derived materials is estimated to                                  for review, or 26 hours (80 hours × 0.33                                     recordkeeping burden will be shared
                                               take 1,809 hours annually (54,825 lines                                   = 26.4 hours, rounded to 26). The                                            between 2 entities (i.e., the ingredient
                                               × 2 minutes per line).                                                    annual burden for reviews is estimated                                       supplier and the manufacturer of


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                                               27504                         Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices

                                               finished products). Therefore, the total                www.fda.gov/AdvisoryCommittees/                        U.S.C. app. 2) and 21 CFR part 14,
                                               recordkeeping burden for domestic                       default.htm.                                           relating to advisory committees.
                                               facilities is estimated to be 9,061 hours               FOR FURTHER INFORMATION CONTACT:                         Dated: June 9, 2017.
                                               (13 hours × 697), and the total                         Shanika Craig, Office of Device
                                               recordkeeping burden for foreign                                                                               Anna K. Abram,
                                                                                                       Evaluation, Center for Devices and
                                               facilities is estimated to be 11,908 hours                                                                     Deputy Commissioner for Policy, Planning,
                                                                                                       Radiological Health, Food and Drug
                                               (13 hours × 916), as shown in table 2.                  Administration, 10903 New Hampshire
                                                                                                                                                              Legislation, and Analysis.
                                                                                                                                                              [FR Doc. 2017–12354 Filed 6–14–17; 8:45 am]
                                                 Dated: June 12, 2017.                                 Ave., Bldg. 66, Rm. G644, Silver Spring,
                                                                                                       MD 20993–0002, 301–796–6639, email:                    BILLING CODE 4164–01–P
                                               Anna K. Abram,
                                               Deputy Commissioner for Policy, Planning,               Shanika.Craig@fda.hhs.gov.
                                               Legislation, and Analysis.                              SUPPLEMENTARY INFORMATION: FDA is
                                                                                                       requesting nominations for voting                      DEPARTMENT OF HEALTH AND
                                               [FR Doc. 2017–12448 Filed 6–14–17; 8:45 am]
                                                                                                       members on TEPRSSC that include two                    HUMAN SERVICES
                                               BILLING CODE 4164–01–P
                                                                                                       general public representatives and a
                                                                                                                                                              Food and Drug Administration
                                                                                                       government representative.
                                               DEPARTMENT OF HEALTH AND                                I. General Description of the
                                               HUMAN SERVICES                                                                                                 [Docket No. FDA–2013–N–1155]
                                                                                                       Committee’s Duties
                                               Food and Drug Administration                               The committee provides advice and                   Agency Information Collection
                                                                                                       consultation to the Commissioner of                    Activities; Submission for Office of
                                               [Docket No. FDA–2017–N–2495]                            Food and Drugs (Commissioner) on the                   Management and Budget Review;
                                                                                                       technical feasibility, reasonableness,                 Comment Request; Food Labeling
                                               Request for Nominations for Voting                      and practicability of performance                      Regulations
                                               Members on a Public Advisory                            standards for electronic products to
                                               Committee; Technical Electronic                         control the emission of radiation from                 AGENCY:   Food and Drug Administration,
                                               Product Radiation Safety Standards                      such products, and may recommend                       HHS.
                                               Committee                                               electronic product radiation safety
                                                                                                       standards to the Commissioner for                      ACTION:   Notice.
                                               AGENCY:    Food and Drug Administration,                consideration.
                                               HHS.                                                                                                           SUMMARY:   The Food and Drug
                                                                                                       II. Criteria for Voting Members                        Administration (FDA or we) is
                                               ACTION:   Notice.
                                                                                                          The committee consists of a core of 15              announcing that a proposed collection
                                               SUMMARY:   The Food and Drug                            voting members including the Chair.                    of information has been submitted to the
                                               Administration (FDA) is requesting                      Members and the Chair are selected by                  Office of Management and Budget
                                               nominations for members to serve on                     the Commissioner or designee from                      (OMB) for review and clearance under
                                               the Technical Electronic Product                        among authorities knowledgeable in the                 the Paperwork Reduction Act of 1995
                                               Radiation Safety Standards Committee                    fields of science or engineering,                      (PRA).
                                               (TEPRSSC) in the Center for Devices                     applicable to electronic product
                                               and Radiological Health.                                radiation safety. Members will be                      DATES:  Fax written comments on the
                                                  FDA seeks to include the views of                    invited to serve for overlapping terms of              collection of information by July 17,
                                               women and men, members of all racial                    up to 4 years. Terms of more than 2                    2017.
                                               and ethnic groups, and individuals with                 years are contingent upon the renewal
                                               and without disabilities on its advisory                of the committee by appropriate action                 ADDRESSES:   To ensure that comments on
                                               committees and, therefore, encourages                   prior to its expiration.                               the information collection are received,
                                               nominations of appropriately qualified                                                                         OMB recommends that written
                                                                                                       III. Nomination Procedures
                                               candidates from these groups.                                                                                  comments be faxed to the Office of
                                                                                                          Any interested person may nominate                  Information and Regulatory Affairs,
                                               DATES: Nominations received on or
                                                                                                       one or more qualified individuals for                  OMB, Attn: FDA Desk Officer, FAX:
                                               before August 14, 2017 will be given
                                                                                                       membership on the committee. Self-                     202–395–7285, or emailed to oira_
                                               first consideration for membership on
                                                                                                       nominations are also accepted.                         submission@omb.eop.gov. All
                                               TEPRSSC. Nominations received after
                                                                                                       Nominations must include a current and                 comments should be identified with the
                                               August 14, 2017 will be considered for                  complete résumé or curriculum vitae for
                                               nomination to the committee as later                                                                           OMB control number 0910–0381. Also
                                                                                                       each nominee, including current
                                               vacancies occur.                                                                                               include the FDA docket number found
                                                                                                       business address and/or home address,
                                               ADDRESSES: All nominations for                          telephone number, and email address if                 in brackets in the heading of this
                                               membership should be sent                               available. Nominations must also                       document.
                                               electronically by accessing FDA’s                       specify the advisory committee for                     FOR FURTHER INFORMATION CONTACT:    Ila
                                               Advisory Committee Membership                           which the nominee is recommended.
                                               Nomination Portal at https://                                                                                  S. Mizrachi, Office of Operations, Food
                                                                                                       Nominations must also acknowledge                      and Drug Administration, Three White
                                               www.accessdata.fda.gov/scripts/                         that the nominee is aware of the
                                               FACTRSPortal/FACTRS/index.cfm or by                                                                            Flint North, 10A63, 11601 Landsdown
                                                                                                       nomination unless self-nominated. FDA
                                                                                                                                                              St., North Bethesda, MD 20852, 301–
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                                               mail to Advisory Committee Oversight                    will ask potential candidates to provide
                                               and Management Staff, Food and Drug                     detailed information concerning such                   796–7726.
                                               Administration, 10903 New Hampshire                     matters related to financial holdings,                 SUPPLEMENTARY INFORMATION:    In
                                               Ave., Bldg. 32, Rm. 5103, Silver Spring,                employment, and research grants and/or                 compliance with 44 U.S.C. 3507, FDA
                                               MD 20993–0002. Information about                        contracts to permit evaluation of                      has submitted the following proposed
                                               becoming a member on an FDA advisory                    possible sources of conflicts of interest.             collection of information to OMB for
                                               committee can also be obtained by                          This notice is issued under the                     review and clearance.
                                               visiting FDA’s Web site at https://                     Federal Advisory Committee Act (5


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Document Created: 2017-06-15 01:03:32
Document Modified: 2017-06-15 01:03:32
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 August 14, 2017.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726.
FR Citation82 FR 27501 

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