82_FR_42670 82 FR 42497 - Review of Existing Center for Veterinary Medicine Regulatory and Information Collection Requirements

82 FR 42497 - Review of Existing Center for Veterinary Medicine Regulatory and Information Collection Requirements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 173 (September 8, 2017)

Page Range42497-42499
FR Document2017-19031

As part of the implementation of Executive Order 13771 entitled, ``Reducing Regulation and Controlling Regulatory Costs,'' and Executive Order 13777 entitled, ``Enforcing the Regulatory Reform Agenda,'' the Food and Drug Administration (FDA, Agency, or we) is seeking comments and information from interested parties to help FDA identify existing regulations and related paperwork requirements that could be modified, repealed, or replaced, consistent with the law, to achieve meaningful burden reduction while allowing us to achieve our public health mission and fulfill statutory obligations. This document relates to the products regulated by the Center for Veterinary Medicine (CVM).

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017)
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42497-42499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19031]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Chapter I

[Docket No. FDA-2017-N-5104]


Review of Existing Center for Veterinary Medicine Regulatory and 
Information Collection Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Request for comments and information.

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

SUMMARY: As part of the implementation of Executive Order 13771 
entitled, ``Reducing Regulation and Controlling Regulatory Costs,'' and 
Executive Order 13777 entitled, ``Enforcing the Regulatory Reform 
Agenda,'' the Food and Drug Administration (FDA, Agency, or we) is 
seeking comments and information from interested parties to help FDA 
identify existing regulations and related paperwork requirements that 
could be modified, repealed, or replaced, consistent with the law, to 
achieve meaningful burden reduction while allowing us to achieve our 
public health mission and fulfill statutory obligations. This document 
relates to the products regulated by the Center for Veterinary Medicine 
(CVM).

DATES: Submit either electronic or written comments on this document by 
December 7, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before December 7, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of December 7, 2017. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2017-N-5104 for ``Review of Existing Center for Veterinary Medicine 
Regulatory and Information Collection Requirements.'' Received 
comments, those filed in a timely manner (see ADDRESSES), will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff Office 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.'' We will review 
this copy, including the claimed confidential information, in our 
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 Dockets Management Staff. If you do not wish your name 
and contact information to be made publicly available, you can provide 
this information on the cover sheet and not in the body of your 
comments and you must identify this information as ``confidential.'' 
Any information marked as ``confidential'' will not be disclosed except 
in accordance with 21 CFR 10.20 and other applicable disclosure law. 
For more information about FDA's posting of comments to public dockets, 
see 80 FR 56469, September 18, 2015, or access the information at: 
https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff Office, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Diane Heinz, Center for Veterinary 
Medicine (HFV-6), Food and Drug Administration, 7500 Standish Pl., 
Rockville, MD 20855, 240-402-5692, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. FDA's Regulatory Mission

    FDA is responsible for protecting the public health by: (1) 
Ensuring the safety, efficacy, and security of human and veterinary 
drugs, biological products, and medical devices; (2) ensuring the 
safety, security, and appropriate labeling of our nation's food supply, 
products that emit radiation, and cosmetics; and (3) regulating the 
manufacture, marketing, and distribution of tobacco products. Equally 
important, FDA promotes the public health by fostering and supporting 
innovative approaches and solutions for some of our nation's most

[[Page 42498]]

compelling health and medical challenges.
    FDA's CVM regulates the manufacture and distribution of food, food 
additives, and drugs that will be given to animals, including animals 
from which human foods are derived, as well as companion animals, and 
takes enforcement action against unsafe veterinary devices. This 
document is seeking comments and information solely on regulations and 
approved information collections related to these product areas.

B. The Regulatory Reform Agenda: Executive Orders 13771 and 13777

    On January 30, 2017, President Trump issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs'' (Ref. 1). This 
Executive Order states that the policy of the Executive Branch is to be 
prudent and financially responsible in the expenditure of funds, from 
both public and private sources, and that it is essential to manage the 
costs associated with complying with Federal regulations. On February 
24, 2017, President Trump issued Executive Order 13777, entitled 
``Enforcing the Regulatory Reform Agenda'' (Ref. 2). The purpose of 
this Executive Order is to alleviate unnecessary regulatory burdens 
placed on the American people. Executive Order 13777 directs each 
Agency to establish a Regulatory Reform Task Force (RRTF) to evaluate 
existing regulations and identify those that may merit repeal, 
replacement, or modification. Section 3(d) of the Executive Order 
provides that, at a minimum, each RRTF must attempt to identify 
regulations that:
     Eliminate jobs, or inhibit job creation;
     Are outdated, unnecessary, or ineffective;
     Impose costs that exceed benefits;
     Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
     Are inconsistent with the requirements of the Information 
Quality Act, or the guidance issued pursuant to that Act, in particular 
those regulations that rely in whole or in part on data, information, 
or methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
     Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.

II. Request for Comments and Information

    To assist with our implementation of Executive Orders 13771 and 
13777 and support the work of the RRTF of the Department of Health and 
Human Services, FDA is issuing this Request for Information soliciting 
broad public comment on ways we can change our regulations to achieve 
meaningful burden reduction while continuing to achieve our public 
health mission and fulfill statutory obligations. We request comment, 
including supporting technical, scientific, economic, or other data, 
from all persons and entities significantly affected by FDA 
regulations, including consumers, patients and caregivers, researchers, 
health care institutions, the regulated industry, trade associations, 
public interest organizations, academia, and State, local, and tribal 
governments, as well as any other interested stakeholder. These 
comments and data will supplement and inform our own ongoing, 
systematic review of our regulations.
    The following list of questions includes those that FDA is using to 
guide our initial review of our regulations. This list is intended to 
help the public in providing comments, not to restrict the issues that 
may be addressed.
     Is the regulation still current, or is it outdated or 
unnecessary in some way?
    [cir] Have there been advancements and innovations in science, 
technology, or FDA or industry practice, or any other changes that 
suggest repeal of or modification to the regulation may be warranted or 
appropriate?
    [cir] Has the regulation been superseded or made irrelevant or 
unenforceable by statute, another FDA regulation or guidance, a 
regulation by another Federal Agency, or controlling legal authority? 
If yes, identify the statute, regulation, guidance, or legal precedent 
and explain what FDA regulation is affected and in what way it is 
affected.
    [cir] Is this regulation duplicative of requirements in other FDA 
regulations or other Federal Agency regulations? If yes, identify the 
overlapping regulation(s) and responsible Federal Agency and describe 
the way(s) in which the regulations overlap, as well as any suggestions 
with respect to how best to resolve the duplication.
     Have regulated entities had difficulties complying with 
the regulation? If yes, identify what entity or entities have had such 
difficulties and the nature of the difficulties.
     Does the regulation impose requirements that are also 
provided for in voluntary or consensus standards or guidance by third 
party organizations (e.g., International Council for Harmonisation, 
International Organization for Standardization, Codex Alimentarius)? Do 
the entities covered by these standards or guidance take steps to meet 
the standards and to document that they meet the standards? If met, do 
the standards achieve the same level of public health protection as the 
FDA regulation? Are there entities who are not covered by these 
standards or guidances or who choose not to observe them?
     Does the regulation contain redundant, outdated, or 
unnecessary collections of information or retention of records, e.g., 
reporting, recordkeeping, or labeling requirements? Explain in your 
response why the information is redundant, outdated, or unnecessary.
     Could the goal of the regulation be achieved by less 
costly means that would provide the same level of public health 
protection? If yes, provide examples of alternatives that may reduce 
costs to industry while retaining the same level of public health 
protection.
     What factors should FDA consider in selecting and 
prioritizing regulations and reporting requirements for reform?
    The most current version of FDA regulations may be found at https://www.ecfr.gov. We request that comments be as specific as possible, 
include any supporting data or other information, such as cost 
information, provide a Code of Federal Regulations (CFR) citation when 
referencing a specific regulation, and provide specific suggestions 
regarding repeal, replacement, or modification. For comments relating 
to an information collection, cite to the approved information 
collection request and include the Office of Management and Budget 
(OMB) control number.
    In addition, in order to enable us to more efficiently review and 
consider comments, we ask that the comments be submitted in the format 
shown in table 1 of this document.

[[Page 42499]]



                 Table 1--Format for Submitting Comments
------------------------------------------------------------------------
           Name of regulation
------------------------------------------------------------------------
Type of product or FDA Center
 regulating the product.
Citation to Code of Federal Regulations
 and statutory citation (as
 applicable).
Approved information collection and OMB
 Control Number (as applicable).
Brief description of concern...........  (For example, what innovation
                                          makes the regulation outdated?
                                          Why?)
Available data on cost or economic       (Quantified costs and/or cost
 impact.                                  savings. Qualitative
                                          description, if needed.)
Proposed solution......................  (Include your solution. For
                                          example, how would you modify
                                          the regulation? Provide
                                          specific text if you are
                                          recommending a modification.)
------------------------------------------------------------------------

III. References

    The following references are on display in the Dockets Management 
Staff Office (see ADDRESSES) and are available for viewing by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday; 
they are also available electronically at https://www.regulations.gov. 
FDA has verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to change 
over time.

1. Executive Order 13771 (January 30, 2017); available at https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulation-and-controlling-regulatory-costs.
2. Executive Order 13777 (February 24, 2017); available at https://www.federalregister.gov/documents/2017/03/01/2017-04107/enforcing-the-regulatory-reform-agenda.


    Dated: August 30, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-19031 Filed 9-7-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                          42497

                                                  www.federalregister.gov/documents/2017/02/              service acceptance receipt is on or                   submission. You should submit two
                                                  03/2017-02451/reducing-regulation-and-                  before that date.                                     copies total. One copy will include the
                                                  controlling-regulatory-costs.                                                                                 information you claim to be confidential
                                                    2. Executive Order 13777 (February 24,                Electronic Submissions
                                                                                                                                                                with a heading or cover note that states
                                                  2017); available at https://                              Submit electronic comments in the
                                                  www.federalregister.gov/documents/2017/03/
                                                                                                                                                                ‘‘THIS DOCUMENT CONTAINS
                                                                                                          following way:                                        CONFIDENTIAL INFORMATION.’’ We
                                                  01/2017-04107/enforcing-the-regulatory-
                                                                                                            • Federal eRulemaking Portal:                       will review this copy, including the
                                                  reform-agenda.
                                                                                                          https://www.regulations.gov. Follow the               claimed confidential information, in our
                                                    Dated: August 30, 2017.                               instructions for submitting comments.                 consideration of comments. The second
                                                  Anna K. Abram,                                          Comments submitted electronically,                    copy, which will have the claimed
                                                  Deputy Commissioner for Policy, Planning,               including attachments, to https://                    confidential information redacted/
                                                  Legislation, and Analysis.                              www.regulations.gov will be posted to                 blacked out, will be available for public
                                                  [FR Doc. 2017–19034 Filed 9–7–17; 8:45 am]              the docket unchanged. Because your                    viewing and posted on https://
                                                  BILLING CODE 4164–01–P                                  comment will be made public, you are                  www.regulations.gov. Submit both
                                                                                                          solely responsible for ensuring that your             copies to the Dockets Management Staff.
                                                                                                          comment does not include any                          If you do not wish your name and
                                                  DEPARTMENT OF HEALTH AND                                confidential information that you or a                contact information to be made publicly
                                                  HUMAN SERVICES                                          third party may not wish to be posted,                available, you can provide this
                                                                                                          such as medical information, your or                  information on the cover sheet and not
                                                  Food and Drug Administration                            anyone else’s Social Security number, or              in the body of your comments and you
                                                                                                          confidential business information, such               must identify this information as
                                                  21 CFR Chapter I                                        as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                                                                                          that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                                  [Docket No. FDA–2017–N–5104]                            information, or other information that                except in accordance with 21 CFR 10.20
                                                                                                          identifies you in the body of your                    and other applicable disclosure law. For
                                                  Review of Existing Center for
                                                                                                          comments, that information will be                    more information about FDA’s posting
                                                  Veterinary Medicine Regulatory and
                                                                                                          posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                                  Information Collection Requirements                       • If you want to submit a comment                   FR 56469, September 18, 2015, or access
                                                  AGENCY:    Food and Drug Administration,                with confidential information that you                the information at: https://www.gpo.gov/
                                                  HHS.                                                    do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                  ACTION:Request for comments and                         public, submit the comment as a                       23389.pdf
                                                  information.                                            written/paper submission and in the                      Docket: For access to the docket to
                                                                                                          manner detailed (see ‘‘Written/Paper                  read background documents or the
                                                  SUMMARY:    As part of the implementation               Submissions’’ and ‘‘Instructions.’’)                  electronic and written/paper comments
                                                  of Executive Order 13771 entitled,                      Written/Paper Submissions                             received, go to https://
                                                  ‘‘Reducing Regulation and Controlling                                                                         www.regulations.gov and insert the
                                                  Regulatory Costs,’’ and Executive Order                    Submit written/paper submissions as
                                                                                                          follows:                                              docket number, found in brackets in the
                                                  13777 entitled, ‘‘Enforcing the                                                                               heading of this document, into the
                                                  Regulatory Reform Agenda,’’ the Food                       • Mail/Hand delivery/Courier (for
                                                                                                          written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                                  and Drug Administration (FDA, Agency,                                                                         and/or go to the Dockets Management
                                                  or we) is seeking comments and                          Management Staff (HFA–305), Food and
                                                                                                          Drug Administration, 5630 Fishers                     Staff Office, 5630 Fishers Lane, Rm.
                                                  information from interested parties to                                                                        1061, Rockville, MD 20852.
                                                  help FDA identify existing regulations                  Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                             • For written/paper comments                       FOR FURTHER INFORMATION CONTACT:
                                                  and related paperwork requirements
                                                                                                          submitted to the Dockets Management                   Diane Heinz, Center for Veterinary
                                                  that could be modified, repealed, or
                                                                                                          Staff, FDA will post your comment, as                 Medicine (HFV–6), Food and Drug
                                                  replaced, consistent with the law, to
                                                                                                          well as any attachments, except for                   Administration, 7500 Standish Pl.,
                                                  achieve meaningful burden reduction
                                                                                                          information submitted, marked and                     Rockville, MD 20855, 240–402–5692,
                                                  while allowing us to achieve our public
                                                                                                          identified, as confidential, if submitted             diane.heinz@fda.hhs.gov.
                                                  health mission and fulfill statutory
                                                                                                          as detailed in ‘‘Instructions.’’                      SUPPLEMENTARY INFORMATION:
                                                  obligations. This document relates to
                                                                                                             Instructions: All submissions received
                                                  the products regulated by the Center for                                                                      I. Background
                                                                                                          must include the Docket No. FDA–
                                                  Veterinary Medicine (CVM).
                                                                                                          2017–N–5104 for ‘‘Review of Existing                  A. FDA’s Regulatory Mission
                                                  DATES: Submit either electronic or                      Center for Veterinary Medicine
                                                  written comments on this document by                    Regulatory and Information Collection                    FDA is responsible for protecting the
                                                  December 7, 2017.                                       Requirements.’’ Received comments,                    public health by: (1) Ensuring the safety,
                                                  ADDRESSES: You may submit comments                      those filed in a timely manner (see                   efficacy, and security of human and
                                                  as follows. Please note that late,                      ADDRESSES), will be placed in the docket              veterinary drugs, biological products,
                                                  untimely filed comments will not be                     and, except for those submitted as                    and medical devices; (2) ensuring the
                                                  considered. Electronic comments must                    ‘‘Confidential Submissions,’’ publicly                safety, security, and appropriate
                                                  be submitted on or before December 7,                   viewable at https://www.regulations.gov               labeling of our nation’s food supply,
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                                                  2017. The https://www.regulations.gov                   or at the Dockets Management Staff                    products that emit radiation, and
                                                  electronic filing system will accept                    Office between 9 a.m. and 4 p.m.,                     cosmetics; and (3) regulating the
                                                  comments until midnight Eastern Time                    Monday through Friday.                                manufacture, marketing, and
                                                  at the end of December 7, 2017.                            • Confidential Submissions—To                      distribution of tobacco products.
                                                  Comments received by mail/hand                          submit a comment with confidential                    Equally important, FDA promotes the
                                                  delivery/courier (for written/paper                     information that you do not wish to be                public health by fostering and
                                                  submissions) will be considered timely                  made publicly available, submit your                  supporting innovative approaches and
                                                  if they are postmarked or the delivery                  comments only as a written/paper                      solutions for some of our nation’s most


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                                                  42498                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                  compelling health and medical                           II. Request for Comments and                          regulation? If yes, identify what entity
                                                  challenges.                                             Information                                           or entities have had such difficulties
                                                    FDA’s CVM regulates the manufacture                      To assist with our implementation of               and the nature of the difficulties.
                                                  and distribution of food, food additives,               Executive Orders 13771 and 13777 and                     • Does the regulation impose
                                                  and drugs that will be given to animals,                support the work of the RRTF of the                   requirements that are also provided for
                                                  including animals from which human                      Department of Health and Human                        in voluntary or consensus standards or
                                                  foods are derived, as well as companion                 Services, FDA is issuing this Request for             guidance by third party organizations
                                                  animals, and takes enforcement action                   Information soliciting broad public
                                                  against unsafe veterinary devices. This                                                                       (e.g., International Council for
                                                                                                          comment on ways we can change our                     Harmonisation, International
                                                  document is seeking comments and                        regulations to achieve meaningful
                                                  information solely on regulations and                                                                         Organization for Standardization, Codex
                                                                                                          burden reduction while continuing to                  Alimentarius)? Do the entities covered
                                                  approved information collections
                                                                                                          achieve our public health mission and                 by these standards or guidance take
                                                  related to these product areas.
                                                                                                          fulfill statutory obligations. We request             steps to meet the standards and to
                                                  B. The Regulatory Reform Agenda:                        comment, including supporting                         document that they meet the standards?
                                                  Executive Orders 13771 and 13777                        technical, scientific, economic, or other             If met, do the standards achieve the
                                                     On January 30, 2017, President Trump                 data, from all persons and entities                   same level of public health protection as
                                                  issued Executive Order 13771,                           significantly affected by FDA                         the FDA regulation? Are there entities
                                                  ‘‘Reducing Regulation and Controlling                   regulations, including consumers,                     who are not covered by these standards
                                                  Regulatory Costs’’ (Ref. 1). This                       patients and caregivers, researchers,                 or guidances or who choose not to
                                                  Executive Order states that the policy of               health care institutions, the regulated               observe them?
                                                  the Executive Branch is to be prudent                   industry, trade associations, public
                                                                                                          interest organizations, academia, and                    • Does the regulation contain
                                                  and financially responsible in the
                                                                                                          State, local, and tribal governments, as              redundant, outdated, or unnecessary
                                                  expenditure of funds, from both public
                                                                                                          well as any other interested stakeholder.             collections of information or retention
                                                  and private sources, and that it is
                                                                                                          These comments and data will                          of records, e.g., reporting,
                                                  essential to manage the costs associated
                                                  with complying with Federal                             supplement and inform our own                         recordkeeping, or labeling
                                                  regulations. On February 24, 2017,                      ongoing, systematic review of our                     requirements? Explain in your response
                                                  President Trump issued Executive                        regulations.                                          why the information is redundant,
                                                  Order 13777, entitled ‘‘Enforcing the                      The following list of questions                    outdated, or unnecessary.
                                                  Regulatory Reform Agenda’’ (Ref. 2). The                includes those that FDA is using to                      • Could the goal of the regulation be
                                                  purpose of this Executive Order is to                   guide our initial review of our                       achieved by less costly means that
                                                  alleviate unnecessary regulatory                        regulations. This list is intended to help            would provide the same level of public
                                                  burdens placed on the American people.                  the public in providing comments, not                 health protection? If yes, provide
                                                  Executive Order 13777 directs each                      to restrict the issues that may be                    examples of alternatives that may
                                                  Agency to establish a Regulatory Reform                 addressed.                                            reduce costs to industry while retaining
                                                  Task Force (RRTF) to evaluate existing                     • Is the regulation still current, or is           the same level of public health
                                                  regulations and identify those that may                 it outdated or unnecessary in some way?
                                                                                                                                                                protection.
                                                  merit repeal, replacement, or                              Æ Have there been advancements and
                                                                                                          innovations in science, technology, or                   • What factors should FDA consider
                                                  modification. Section 3(d) of the
                                                  Executive Order provides that, at a                     FDA or industry practice, or any other                in selecting and prioritizing regulations
                                                  minimum, each RRTF must attempt to                      changes that suggest repeal of or                     and reporting requirements for reform?
                                                  identify regulations that:                              modification to the regulation may be                    The most current version of FDA
                                                     • Eliminate jobs, or inhibit job                     warranted or appropriate?                             regulations may be found at https://
                                                  creation;                                                  Æ Has the regulation been superseded               www.ecfr.gov. We request that
                                                     • Are outdated, unnecessary, or                      or made irrelevant or unenforceable by                comments be as specific as possible,
                                                  ineffective;                                            statute, another FDA regulation or                    include any supporting data or other
                                                     • Impose costs that exceed benefits;                 guidance, a regulation by another                     information, such as cost information,
                                                     • Create a serious inconsistency or                  Federal Agency, or controlling legal                  provide a Code of Federal Regulations
                                                  otherwise interfere with regulatory                     authority? If yes, identify the statute,              (CFR) citation when referencing a
                                                  reform initiatives and policies;                        regulation, guidance, or legal precedent              specific regulation, and provide specific
                                                     • Are inconsistent with the                          and explain what FDA regulation is                    suggestions regarding repeal,
                                                  requirements of the Information Quality                 affected and in what way it is affected.              replacement, or modification. For
                                                  Act, or the guidance issued pursuant to                    Æ Is this regulation duplicative of
                                                                                                                                                                comments relating to an information
                                                  that Act, in particular those regulations               requirements in other FDA regulations
                                                                                                                                                                collection, cite to the approved
                                                  that rely in whole or in part on data,                  or other Federal Agency regulations? If
                                                                                                                                                                information collection request and
                                                  information, or methods that are not                    yes, identify the overlapping
                                                                                                                                                                include the Office of Management and
                                                  publicly available or that are                          regulation(s) and responsible Federal
                                                                                                                                                                Budget (OMB) control number.
                                                  insufficiently transparent to meet the                  Agency and describe the way(s) in
                                                  standard for reproducibility; or                        which the regulations overlap, as well                   In addition, in order to enable us to
                                                     • Derive from or implement                           as any suggestions with respect to how                more efficiently review and consider
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Executive Orders or other Presidential                  best to resolve the duplication.                      comments, we ask that the comments be
                                                  directives that have been subsequently                     • Have regulated entities had                      submitted in the format shown in table
                                                  rescinded or substantially modified.                    difficulties complying with the                       1 of this document.




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                                                                               Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                                            42499

                                                                                                                 TABLE 1—FORMAT FOR SUBMITTING COMMENTS
                                                                                       Name of regulation

                                                  Type of product or FDA Center regulating the product.
                                                  Citation to Code of Federal Regulations and statutory citation (as appli-
                                                    cable).
                                                  Approved information collection and OMB Control Number (as applica-
                                                    ble).
                                                  Brief description of concern ......................................................................       (For example, what innovation makes the regulation outdated? Why?)
                                                  Available data on cost or economic impact .............................................                   (Quantified costs and/or cost savings. Qualitative description, if need-
                                                                                                                                                               ed.)
                                                  Proposed solution .....................................................................................   (Include your solution. For example, how would you modify the regula-
                                                                                                                                                               tion? Provide specific text if you are recommending a modification.)



                                                  III. References                                                       13777 entitled, ‘‘Enforcing the                              that if you include your name, contact
                                                     The following references are on                                    Regulatory Reform Agenda,’’ the Food                         information, or other information that
                                                  display in the Dockets Management                                     and Drug Administration (FDA, Agency,                        identifies you in the body of your
                                                  Staff Office (see ADDRESSES) and are                                  or we) is seeking comments and                               comments, that information will be
                                                  available for viewing by interested                                   information from interested parties to                       posted on https://www.regulations.gov.
                                                  persons between 9 a.m. and 4 p.m.,                                    help FDA identify existing regulations                         • If you want to submit a comment
                                                  Monday through Friday; they are also                                  and related paperwork requirements                           with confidential information that you
                                                  available electronically at https://                                  that could be modified, repealed, or                         do not wish to be made available to the
                                                  www.regulations.gov. FDA has verified                                 replaced, consistent with the law, to                        public submit the comment as a written/
                                                  the Web site addresses, as of the date                                achieve meaningful burden reduction                          paper submission and in the manner
                                                  this document publishes in the Federal                                while allowing us to achieve our public                      detailed (see ‘‘Written/Paper
                                                  Register, but Web sites are subject to                                health mission and fulfill statutory                         Submissions’’ and ‘‘Instructions.’’)
                                                  change over time.                                                     obligations. This document relates to                        Written/Paper Submissions
                                                                                                                        the products regulated by the Center for
                                                  1. Executive Order 13771 (January 30, 2017);                                                                                          Submit written/paper submissions as
                                                       available at https://                                            Drug Evaluation and Research (CDER).
                                                                                                                                                                                     follows:
                                                                                                                        DATES: Submit either electronic or
                                                       www.federalregister.gov/documents/                                                                                               • Mail/Hand delivery/Courier (for
                                                       2017/02/03/2017-02451/reducing-                                  written comments on this document by                         written/paper submissions): Dockets
                                                       regulation-and-controlling-regulatory-                           December 7, 2017.
                                                       costs.                                                                                                                        Management Staff (HFA–305), Food and
                                                                                                                        ADDRESSES: You may submit comments                           Drug Administration, 5630 Fishers
                                                  2. Executive Order 13777 (February 24,
                                                       2017); available at https://                                     as follows. Please note that late,                           Lane, Rm. 1061, Rockville, MD 20852.
                                                       www.federalregister.gov/documents/                               untimely filed comments will not be                             • For written/paper comments
                                                       2017/03/01/2017-04107/enforcing-the-                             considered. Electronic comments must                         submitted to the Dockets Management
                                                       regulatory-reform-agenda.                                        be submitted on or before December 7,                        Staff, FDA will post your comment, as
                                                                                                                        2017. The https://www.regulations.gov                        well as any attachments, except for
                                                    Dated: August 30, 2017.
                                                                                                                        electronic filing system will accept                         information submitted, marked and
                                                  Anna K. Abram,
                                                                                                                        comments until midnight Eastern Time                         identified, as confidential, if submitted
                                                  Deputy Commissioner for Policy, Planning,                             at the end of December 7, 2017.                              as detailed in ‘‘Instructions.’’
                                                  Legislation, and Analysis.
                                                                                                                        Comments received by mail/hand                                  Instructions: All submissions received
                                                  [FR Doc. 2017–19031 Filed 9–7–17; 8:45 am]                            delivery/courier (for written/paper                          must include the Docket No. FDA–
                                                  BILLING CODE 4164–01–P                                                submissions) will be considered timely                       2017–N–5101 for ‘‘Review of Existing
                                                                                                                        if they are postmarked or the delivery                       Center for Drug Evaluation and Research
                                                                                                                        service acceptance receipt is on or                          Regulatory and Information Collection
                                                  DEPARTMENT OF HEALTH AND                                              before that date.                                            Requirements.’’ Received comments,
                                                  HUMAN SERVICES                                                                                                                     those filed in a timely manner (see
                                                                                                                        Electronic Submissions                                       ADDRESSES), will be placed in the docket
                                                  Food and Drug Administration
                                                                                                                          Submit electronic comments in the                          and, except for those submitted as
                                                                                                                        following way:                                               ‘‘Confidential Submissions,’’ publicly
                                                  21 CFR Chapter I
                                                                                                                          • Federal eRulemaking Portal:                              viewable at https://www.regulations.gov
                                                  [Docket No. FDA–2017–N–5101]                                          https://www.regulations.gov. Follow the                      or at the Dockets Management Staff
                                                                                                                        instructions for submitting comments.                        Office between 9 a.m. and 4 p.m.,
                                                  Review of Existing Center for Drug                                    Comments submitted electronically,                           Monday through Friday.
                                                  Evaluation and Research Regulatory                                    including attachments, to https://                              • Confidential Submissions—To
                                                  and Information Collection                                            www.regulations.gov will be posted to                        submit a comment with confidential
                                                  Requirements                                                          the docket unchanged. Because your                           information that you do not wish to be
                                                                                                                        comment will be made public, you are                         made publicly available submit your
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  AGENCY:       Food and Drug Administration,
                                                  HHS.                                                                  solely responsible for ensuring that your                    comments only as a written/paper
                                                  ACTION:Request for comments and                                       comment does not include any                                 submission. You should submit two
                                                  information.                                                          confidential information that you or a                       copies total. One copy will include the
                                                                                                                        third party may not wish to be posted,                       information you claim to be confidential
                                                  SUMMARY:  As part of the implementation                               such as medical information, your or                         with a heading or cover note that states
                                                  of Executive Order 13771 entitled,                                    anyone else’s Social Security number, or                     ‘‘THIS DOCUMENT CONTAINS
                                                  ‘‘Reducing Regulation and Controlling                                 confidential business information, such                      CONFIDENTIAL INFORMATION.’’ We
                                                  Regulatory Costs,’’ and Executive Order                               as a manufacturing process. Please note                      will review this copy, including the


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Document Created: 2018-10-24 14:08:34
Document Modified: 2018-10-24 14:08:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments and information.
DatesSubmit either electronic or written comments on this document by December 7, 2017.
ContactDiane Heinz, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-402-5692, [email protected]
FR Citation82 FR 42497 

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