82_FR_39956 82 FR 39795 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Voluntary Cosmetic Registration Program

82 FR 39795 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Voluntary Cosmetic Registration Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range39795-39797
FR Document2017-17701

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

Federal Register, Volume 82 Issue 161 (Tuesday, August 22, 2017)
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39795-39797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17701]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Voluntary Cosmetic 
Registration Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
September 21, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0027. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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, 
[email protected].

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

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 Voluntary Cosmetic Registration Program (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) Making it easier for 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 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 with 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 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.
    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. The 
system also assists 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 by using a manual process 
for both filers and FDA reviewers that may 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, in the past, 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,

[[Page 39796]]

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 information such as phone number, email, and 
alternative authorized individual fields to Forms 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.''
    In the Federal Register of May 31, 2017 (82 FR 24977), we published 
a 60-day notice requesting public comment on the proposed extension of 
this collection of information. Two comments were received. One comment 
appeared to be a submission under 21 CFR 10.35 and 10.40(b)(3) and 
therefore is not addressed here. The second comment offered suggestions 
that FDA might consider regarding the content and format of reporting 
elements, but made no suggestion for FDA to revise its burden estimate. 
Accordingly, while the Agency is currently reviewing these suggestions 
to determine whether our current IT system may be upgraded to the 
benefit of respondents, we retain the burden estimate from our 60-day 
notice.
    We estimate the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Number of
                                                                    Number of     responses      Total                                           Total
        21 CFR Section or part                  Form No.           respondents       per         annual       Average burden per response        hours
                                                                                 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

[[Page 39797]]

cosmetics will file 4,049 amendments to 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: August 17, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17701 Filed 8-21-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                           39795

                                                for labeling are included in the estimate               Voluntary Cosmetic Registration                       computer database and use the
                                                for § 71.1. Also, because labeling                      Program—21 CFR Parts 710 and 720                      information to generate lists for
                                                requirements under parts 172, 173, 179,                 OMB Control Number 0910–0027—                         distributing regulatory information and
                                                and 180 for particular food additives                   Extension                                             for inviting firms to participate in
                                                involve information required as part of                                                                       workshops on topics in which they may
                                                the FAP safety review process under                        The Federal Food, Drug, and Cosmetic               be interested. Registration is permanent,
                                                § 171.1, the burden hours for labeling                  Act (the FD&C Act) provides us with the               although we request that respondents
                                                are included in the estimate for § 171.1.               authority to regulate cosmetic products               submit an amended Form FDA 2511 if
                                                                                                        in the United States. Cosmetic products               any of the originally submitted
                                                  Dated: August 17, 2017.                               that are adulterated under section 601 of             information changes.
                                                Leslie Kux,                                             the FD&C Act (21 U.S.C. 361) or                          FDA’s proposed changes to the forms
                                                Associate Commissioner for Policy.                      misbranded under section 602 of the                   through the use of an electronic
                                                [FR Doc. 2017–17703 Filed 8–21–17; 8:45 am]             FD&C Act (21 U.S.C. 362) may not be                   submission system have been designed
                                                BILLING CODE 4164–01–P                                  distributed in interstate commerce. We                to make it easier for participants to
                                                                                                        have developed the Voluntary Cosmetic                 provide information to FDA about their
                                                                                                        Registration Program (VCRP) to assist us              products. The system also assists
                                                DEPARTMENT OF HEALTH AND                                in carrying out our responsibility to                 participants, through interactive
                                                HUMAN SERVICES                                          regulate cosmetics.                                   question and response scenarios, to
                                                                                                           FDA is revising forms for the VCRP                 identify submissions that will be
                                                Food and Drug Administration                            (Forms FDA 2511, 2512, 2512a, and                     ineligible to be accepted in VCRP
                                                                                                        2514) currently approved under OMB                    because they do not meet parts 710 and
                                                [Docket No. FDA–2010–N–0623]                            control number 0910–0027, ‘‘Voluntary                 720 requirements. The electronic
                                                                                                        Cosmetic Registration Program,’’ for the              submission system is expected to reduce
                                                Agency Information Collection                           following reasons: (1) Modernizing the                burden currently associated with the
                                                Activities; Submission for Office of                    forms; (2) Making it easier for filers who            manual identification process for filers
                                                Management and Budget Review;                           complete the forms; and (3) reducing the              and FDA. The rejection rate for
                                                Comment Request; Voluntary                              time it will take FDA to review each                  ineligible submissions when using the
                                                Cosmetic Registration Program                           submission. In addition, Form FDA                     current forms is high: 51 percent for
                                                                                                        2514 will be eliminated as it duplicates              new accounts, 43 percent for Form FDA
                                                AGENCY:    Food and Drug Administration,                information that is currently located on
                                                HHS.                                                                                                          2511 registrations, and 7 percent for
                                                                                                        Form FDA 2512. FDA requests PRA                       Form FDA 2512 filings (2010–2016).
                                                ACTION:   Notice.                                       approval for the proposed changes to                     The revised forms include the
                                                                                                        these forms, and for the elimination of               addition of links between Forms FDA
                                                SUMMARY:   The Food and Drug
                                                                                                        Form FDA 2514.                                        2511 and 2512, clarification of what
                                                Administration (FDA, Agency, or we) is                     Participation in the VCRP is voluntary
                                                announcing that a proposed collection                                                                         information should be entered onto the
                                                                                                        under provisions found in sections parts              forms, additional self-identifying fields,
                                                of information has been submitted to the                710 and 720 (21 CFR parts 710 and 720).               removal of certain duplicative fields,
                                                Office of Management and Budget                         Participants have the option of                       and the deletion of Form FDA 2514.
                                                (OMB) for review and clearance under                    submitting information via paper forms                These changes are needed because both
                                                the Paperwork Reduction Act of 1995                     or via the online interface. The term                 VCRP voluntary filer participation and
                                                (PRA).                                                  ‘‘form’’ refers to both the paper form and            FDA resources required to administer
                                                DATES:  Fax written comments on the                     the online system.                                    VCRP have increased significantly since
                                                collection of information by September                     Currently, in part 710, we request that            2014 (i.e., increases in new accounts
                                                21, 2017.                                               establishments that manufacture or                    (156 percent), Form FDA 2511
                                                ADDRESSES: To ensure that comments on                   package cosmetic products voluntarily                 registrations (405 percent), Form FDA
                                                the information collection are received,                register with us using Form FDA 2511                  2512 filings (67 percent), and FDA
                                                OMB recommends that written                             entitled ‘‘Registration of Cosmetic                   review hours (59 percent) in 2016.)
                                                comments be faxed to the Office of                      Product Establishment.’’ The online                      FDA’s current process confirms that
                                                Information and Regulatory Affairs,                     version of Form FDA 2511 is available                 each submission meets the requirements
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                  on our VCRP Web site at https://                      established in parts 710 and 720 by
                                                395–7285, or emailed to oira_                           www.fda.gov/Cosmetics/Registration                    using a manual process for both filers
                                                submission@omb.eop.gov. All                             Program/default.htm. We strongly                      and FDA reviewers that may result in a
                                                comments should be identified with the                  encourage online registration with Form               long waiting period where filers must
                                                OMB control number 0910–0027. Also                      FDA 2511 because it is faster and more                wait and respond to questions generated
                                                include the FDA docket number found                     efficient for the filer and the Agency. A             by FDA, which may result in a high
                                                in brackets in the heading of this                      registering facility will receive                     rejection rate. FDA projects a significant
                                                document.                                               confirmation of online registration,                  reduction in rejection rates when using
                                                                                                        including a registration number by                    the revised forms. Examples of possible
                                                FOR FURTHER INFORMATION CONTACT:    Ila                 email. The online system also allows for              burden savings for participants and FDA
                                                S. Mizrachi, Office of Operations, Food                 amendments to past submissions.                       include:
                                                and Drug Administration, Three White                       Because registration of cosmetic                      (1) Form FDA 2511 asks filers if they
                                                Flint North, 10A63, 11601 Landsdown                     product establishments is not                         are a manufacturer or packer; however,
sradovich on DSK3GMQ082PROD with NOTICES




                                                St., North Bethesda, MD 20852, 301–                     mandatory, voluntary registration                     in the past, distributors and retailers
                                                796–7726, PRAStaff@fda.hhs.gov.                         provides FDA with the best information                have checked these boxes in error when
                                                SUPPLEMENTARY INFORMATION: In                           available about the locations, business               neither applies to them because there
                                                compliance with 44 U.S.C. 3507, FDA                     trade names, and types of activity                    are no distributor or retailer checkboxes
                                                has submitted the following proposed                    (manufacturing or packaging) of                       on Form FDA 2511. Retailers have also
                                                collection of information to OMB for                    cosmetic product establishments. We                   filed Form FDA 2512 in error even
                                                review and clearance.                                   place the registration information in a               though only manufacturers, packers,


                                           VerDate Sep<11>2014   18:00 Aug 21, 2017   Jkt 241001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1


                                                39796                                Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

                                                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:                                                       information such as phone number,                                            use the information in identifying future
                                                MANUFACTURER/PACKER/OTHER                                               email, and alternative authorized                                            research projects, to evaluate the levels
                                                (Distributor or Retailer)’’ and updating                                individual fields to Forms FDA 2511                                          and safety of certain ingredients in
                                                the field on Form FDA 2512 allowing                                     and 2512 to facilitate communication                                         cosmetics.
                                                the filer to indicate ‘‘WHO IS FILING                                   with the filers.                                                                Links to explanations of the revisions
                                                THIS STATEMENT: MANUFACTURER/                                              (6) We also removed fields that have                                      to Forms FDA 2511, 2512, and 2512a
                                                PACKER/DISTRIBUTOR/OTHER                                                no modern use or request redundant                                           and instructions are available at https://
                                                (Retailer).’’                                                           information in multiple locations.                                           www.fda.gov/Cosmetics/Registration
                                                   (2) FDA revised Form FDA 2511 and                                       (7) We removed Form FDA 2514 in its                                       Program/default.htm and entitled
                                                added questions asking, ‘‘Are you the                                   entirety due to redundancy. (As noted,                                       ‘‘Voluntary Cosmetic Registration
                                                owner or operator of this facility?’’ and                               filers may notify FDA that they are                                          Program.’’
                                                ‘‘Is the address on this form the location                              discontinuing a cosmetic product
                                                                                                                        formulation on Form FDA 2512).                                                  In the Federal Register of May 31,
                                                of a cosmetic manufacturing and/or
                                                                                                                           FDA’s online filing system is available                                   2017 (82 FR 24977), we published a 60-
                                                packing facility?’’
                                                   (3) FDA also revised Form FDA 2512                                   on FDA’s VCRP Web site at https://                                           day notice requesting public comment
                                                and added questions asking, ‘‘Is this                                   www.fda.gov/Cosmetics/Registration                                           on the proposed extension of this
                                                product currently commercially                                          Program/default.htm. The online filing                                       collection of information. Two
                                                distributed (annual sales exceed $1,000)                                system contains the online versions of                                       comments were received. One comment
                                                in the United States?’’, ‘‘PRODUCT                                      Forms FDA 2511, 2512, and 2512a.                                             appeared to be a submission under 21
                                                WEBSITE’’, and ‘‘Attach images of the                                      We place cosmetic product filing                                          CFR 10.35 and 10.40(b)(3) and therefore
                                                front and back product labels to this                                   information in a computer database and                                       is not addressed here. The second
                                                form’’ to ensure that only cosmetics in                                 use the information when FDA receives                                        comment offered suggestions that FDA
                                                commercial distribution in the United                                   inquiries about cosmetics marketed in                                        might consider regarding the content
                                                States are filed in the VCRP.                                           the United States. Because filing of                                         and format of reporting elements, but
                                                   (4) FDA linked Forms FDA 2511 and                                    cosmetic product formulations is not                                         made no suggestion for FDA to revise its
                                                2512 to reduce burden to filers who                                     mandatory, voluntary filings with FDA                                        burden estimate. Accordingly, while the
                                                create multiple copies of Form FDA                                      provide us with the best information                                         Agency is currently reviewing these
                                                2512 that share the same establishment                                  available about cosmetic products,                                           suggestions to determine whether our
                                                addresses.                                                              ingredients, frequency of use,                                               current IT system may be upgraded to
                                                   (5) FDA clarified the information that                               businesses engaged in the manufacture                                        the benefit of respondents, we retain the
                                                should be included on the forms by                                      and distribution of cosmetics, and                                           burden estimate from our 60-day notice.
                                                attaching simplified instructions and a                                 approximate rates of product                                                    We estimate the burden of this
                                                link to VCRP online on Forms FDA                                        discontinuance and formula                                                   collection of information as follows:

                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                         Number of                                               Average
                                                                                                                                                  Number of               responses              Total annual
                                                              21 CFR Section or part                                      Form No.                                                                                             burden per                   Total hours
                                                                                                                                                 respondents                 per                  responses                     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                                    submit 1 registration on Form FDA                                            ingredient statements for new or
                                                annual responses on paper and online                                    2511, for a total of 934 annual                                              amended submissions on Forms FDA
                                                submissions received during calendar                                    responses. Each submission is estimated                                      2512 and FDA 2512a. Each submission
                                                year 2016. We base our estimate of the                                  to take 0.20 hour per response for a total                                   is estimated to take 0.33 hour per
sradovich on DSK3GMQ082PROD with NOTICES




                                                hours per response upon information                                     of 186.8 hours, rounded to 187. The                                          response for a total of 2345.64 hours,
                                                from cosmetic industry personnel and                                    number of Form FDA 2511 submissions                                          rounded to 2,346. We estimate the
                                                FDA experience entering data submitted                                  has increased 405 percent compared to                                        number of Form FDA 2512 submissions
                                                on paper Forms FDA 2511, 2512, and                                      2014 and we have no indication that                                          to increase 67 percent compared to 2014
                                                2512a into the online system.                                           this submission rate will stop                                               and we have no indication that this
                                                   We estimate that, annually, 934                                      increasing. We estimate that, annually,                                      submission rate will stop increasing. We
                                                establishments that manufacture or                                      firms that manufacture, pack, or                                             estimate that, annually, firms that
                                                package cosmetic products will each                                     distribute cosmetics will file 7,108                                         manufacture, pack, or distribute


                                           VerDate Sep<11>2014       18:00 Aug 21, 2017         Jkt 241001       PO 00000       Frm 00048        Fmt 4703      Sfmt 4703       E:\FR\FM\22AUN1.SGM               22AUN1


                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                           39797

                                                cosmetics will file 4,049 amendments to     183(a)(1) of the Medicare Improvements                            (1) May assist consumers and patients in
                                                product formulations on Forms FDA           for Patients and Providers Act of 2008                            making informed health care decisions;
                                                2512 and FDA 2512a. Each submission         (MIPPA) (Pub. L. 110–275), requires the                           (2) address health disparities across
                                                is estimated to take 0.17 hour per          Secretary to identify and have in effect                          groups and areas; and (3) address the
                                                response for a total of 688.33 hours,       a contract with a consensus-based entity                          continuum of care a patient receives,
                                                rounded to 688. We estimate that,           (CBE) to perform multiple duties                                  including across multiple providers,
                                                annually, firms that manufacture, pack,     described in subsection (b) that are                              practitioners and settings.
                                                or distribute cosmetics will file 95        designed to help improve performance                                 Endorsement of Measures. The CBE is
                                                notices of discontinuance on Form FDA       measurement. The duties described in                              required to provide for the endorsement
                                                2512. Each submission is estimated to       subsection (b) originally included a                              of standardized health care performance
                                                take 0.10 hour per response for a total     priority setting process, measure                                 measures. This process must consider
                                                of 9.5 hours, rounded to 10. We estimate    endorsement, measure maintenance,                                 whether measures are evidence-based,
                                                that, annually, one firm will file one      electronic health record promotion, and                           reliable, valid, verifiable, relevant to
                                                request for confidentiality. Each such      the preparation of an annual Report to                            enhanced health outcomes, actionable at
                                                request is estimated to take 2 hours to     Congress and the Secretary. Section                               the caregiver level, feasible to collect
                                                prepare for a total of 2 hours. Thus, the   3003(b) of the Patient Protection and                             and report, responsive to variations in
                                                total estimated hour burden for this        Affordable Care Act (Pub. L. 111–148) as                          patient characteristics such as health
                                                information collection is 3,233 hours.      amended by the Health Care and                                    status, language capabilities, race or
                                                                                            Education Reconciliation Act (Pub. L.                             ethnicity, and income level and
                                                   Dated: August 17, 2017.
                                                                                            111–152) (collectively, the Affordable                            consistent across types of health care
                                                Leslie Kux,                                 Care Act) expanded the duties of the                              providers, including hospitals and
                                                Associate Commissioner for Policy.          CBE to require the CBE to review and,                             physicians.
                                                [FR Doc. 2017–17701 Filed 8–21–17; 8:45 am] as appropriate, endorse the episode                                  Maintenance of CBE Endorsed
                                                BILLING CODE 4164–01–P                      grouper developed by the Secretary                                Measures. The CBE is required to
                                                                                            under the Physician Feedback Program.                             establish and implement a process to
                                                                                            Section 3014(a)(1) of the Affordable                              ensure that endorsed measures are
                                                DEPARTMENT OF HEALTH AND                    Care Act further expanded the duties to                           updated (or retired if obsolete) as new
                                                HUMAN SERVICES                              require the CBE to convene multi-                                 evidence is developed.
                                                                                            stakeholder groups to provide input on                               Review and Endorsement of an
                                                [CMS–3340–N]
                                                                                            the selection of quality and efficiency                           Episode Grouper Under the Physician
                                                Secretarial Review and Publication of       measures and national priorities for                              Feedback Program. ‘‘Episode-based’’
                                                the National Quality Forum Report of        improvement in population health and                              performance measurement is an
                                                2016 Activities to Congress and the         in the delivery of health care services                           approach to better understanding the
                                                Secretary of the Department of Health       for consideration under the national                              utilization and costs associated with a
                                                and Human Services                          strategy, and to transmit such input to                           certain condition by grouping together
                                                                                            the Secretary. Section 3014(a)(2) of the                          all the care related to that condition.
                                                AGENCY: Office of the Secretary of          Affordable Care Act expanded the                                  ‘‘Episode groupers’’ are software tools
                                                Health and Human Services, HHS.             requirements for the annual report that                           that combine data to assess such
                                                ACTION: Notice.                             must be submitted under section                                   condition-specific utilization and costs
                                                                                            1890(b)(5)(A) of the Act.                                         over a defined period of time. The CBE
                                                SUMMARY: This notice acknowledges that         To meet the requirements of section                            is required to provide for the review,
                                                in accordance with section 1890(b)(5)(B) 1890(a) of the Act, in January of 2009,                              and as appropriate, endorsement of an
                                                of the Social Security Act (the Act) the    the Department of Health and Human                                episode grouper as developed by the
                                                Secretary of the Department of Health       Services (HHS) awarded a competitive                              Secretary on an expedited basis.
                                                and Human Services (the Secretary) has contract to the National Quality Forum                                    Convening Multi-Stakeholder Groups.
                                                received and reviewed the National          (NQF). A second, multi-year contract                              The CBE must convene multi-
                                                Quality Forum (NQF) Report of 2016          was awarded to NQF after an open                                  stakeholder groups to provide input on:
                                                Activities to Congress and the Secretary competition in 2012. This contract                                   (1) The selection of certain categories of
                                                of the Department of Health and Human includes the following duties:                                          quality and efficiency measures, from
                                                Services submitted by the consensus-           Priority Setting Process: Formulation                          among such measures that have been
                                                based entity with whom the Secretary        of a National Strategy and Priorities for                         endorsed by the entity; and such
                                                has a contract under section 1890(a) of     Health Care Performance Measurement.                              measures that have not been considered
                                                the Act. The purpose of this Federal        The CBE is required to synthesize                                 for endorsement by such entity but are
                                                Register notice is to publish the report,   evidence and convene key stakeholders                             used or proposed to be used by the
                                                together with the Secretary’s comments      to make recommendations on an                                     Secretary for the collection or reporting
                                                on such report.                             integrated national strategy and                                  of quality and efficiency measures; and
                                                FOR FURTHER INFORMATION CONTACT:            priorities for health care performance                            (2) national priorities for improvement
                                                Sophia Chan, (410) 786–5050.                measurement in all applicable settings.                           in population health and in the delivery
                                                                                            In doing so, the CBE is to give priority                          of health care services for consideration
                                                I. Background                               to measures that: (1) Address the health                          under the national strategy. The CBE
                                                   The Secretary of the Department of       care provided to patients with                                    provides input on measures for use in
                                                Health and Human Services (the                                                                                certain specific Medicare programs, for
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                            prevalent, high-cost chronic diseases;
                                                Secretary) has long recognized that a       (2) have the greatest potential for                               use in programs that report performance
                                                high functioning health care system that improving quality, efficiency and                                    information to the public, and for use in
                                                provides higher quality care requires       patient-centeredness of health care; and                          health care programs that are not
                                                accurate, valid, and reliable               (3) may be implemented rapidly due to                             included under the Act. The multi-
                                                measurement of quality and efficiency.      existing evidence, standards of care, or                          stakeholder groups provide input on
                                                Section 1890(a) of the Social Security      other reasons. Additionally, the CBE                              quality and efficiency measures for use
                                                Act (the Act), as added by section          must take into account measures that:                             in certain federal programs including


                                           VerDate Sep<11>2014   18:00 Aug 21, 2017   Jkt 241001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\22AUN1.SGM   22AUN1



Document Created: 2018-10-24 11:56:22
Document Modified: 2018-10-24 11:56:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by September 21, 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, [email protected]
FR Citation82 FR 39795 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR