82_FR_42679 82 FR 42506 - Review of Existing General Regulatory and Information Collection Requirements of the Food and Drug Administration

82 FR 42506 - Review of Existing General Regulatory and Information Collection Requirements of the Food and Drug Administration

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range42506-42508
FR Document2017-19047

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interested parties to help FDA identify existing regulations and related paperwork requirements that could be modified, repealed, or replaced, consistent with the law, to achieve meaningful burden reduction while allowing us to achieve our public health mission and fulfill statutory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 general regulatory and information collection requirements that affect multiple FDA Centers and/or Offices.

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017)
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42506-42508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19047]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Chapter I

[Docket No. FDA-2017-N-5093]


Review of Existing General Regulatory and Information Collection 
Requirements of the Food and Drug Administration

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could be modified, repealed, or replaced, consistent with the law, to 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 general regulatory and information collection requirements 
that affect multiple FDA Centers and/or Offices.

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-5093 for ``Review of Existing General Regulatory and 
Information Collection Requirements of the Food and Drug 
Administration.'' 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: Megan Velez, Office of Policy, Food 
and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 
20993, 301-796-4830, [email protected].

[[Page 42507]]


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 
compelling health and medical challenges.
    This document is seeking comments and information solely on general 
regulations and approved information collections affecting multiple FDA 
Centers and/or Offices.

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, 
healthcare 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 42508]]



                 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. 2017-19047 Filed 9-7-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                  42506                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                  III. References                                         collection requirements that affect                      Instructions: All submissions received
                                                    The following references are on                       multiple FDA Centers and/or Offices.                  must include the Docket No. FDA–
                                                  display in the Dockets Management                       DATES: Submit either electronic or                    2017–N–5093 for ‘‘Review of Existing
                                                  Staff Office (see ADDRESSES) and are                    written comments on this document by                  General Regulatory and Information
                                                  available for viewing by interested                     December 7, 2017.                                     Collection Requirements of the Food
                                                  persons between 9 a.m. and 4 p.m.,                      ADDRESSES: You may submit comments
                                                                                                                                                                and Drug Administration.’’ Received
                                                  Monday through Friday; they are also                    as follows. Please note that late,                    comments, those filed in a timely
                                                  available electronically at https://                    untimely filed comments will not be                   manner (see ADDRESSES), will be placed
                                                  www.regulations.gov. FDA has verified                   considered. Electronic comments must                  in the docket and, except for those
                                                  the Web site addresses, as of the date                  be submitted on or before December 7,                 submitted as ‘‘Confidential
                                                  this document publishes in the Federal                  2017. The https://www.regulations.gov                 Submissions,’’ publicly viewable at
                                                  Register, but Web sites are subject to                  electronic filing system will accept                  https://www.regulations.gov or at the
                                                  change over time.                                       comments until midnight Eastern Time                  Dockets Management Staff Office
                                                                                                          at the end of December 7, 2017.                       between 9 a.m. and 4 p.m., Monday
                                                  1. Executive Order 13771 (January 30, 2017);                                                                  through Friday.
                                                       available at https://                              Comments received by mail/hand
                                                                                                          delivery/courier (for written/paper                      • Confidential Submissions—To
                                                       www.federalregister.gov/documents/
                                                       2017/02/03/2017-02451/reducing-                    submissions) will be considered timely                submit a comment with confidential
                                                       regulation-and-controlling-regulatory-             if they are postmarked or the delivery                information that you do not wish to be
                                                       costs.                                             service acceptance receipt is on or                   made publicly available submit your
                                                  2. Executive Order 13777 (February 24,                  before that date.                                     comments only as a written/paper
                                                       2017); available at https://                                                                             submission. You should submit two
                                                       www.federalregister.gov/documents/                 Electronic Submissions                                copies total. One copy will include the
                                                       2017/03/01/2017-04107/enforcing-the-                                                                     information you claim to be confidential
                                                       regulatory-reform-agenda.
                                                                                                            Submit electronic comments in the
                                                                                                          following way:                                        with a heading or cover note that states
                                                    Dated: August 30, 2017.                                 • Federal eRulemaking Portal:                       ‘‘THIS DOCUMENT CONTAINS
                                                  Anna K. Abram,                                          https://www.regulations.gov. Follow the               CONFIDENTIAL INFORMATION.’’ We
                                                  Deputy Commissioner for Policy, Planning,               instructions for submitting comments.                 will review this copy, including the
                                                  Legislation, and Analysis.                              Comments submitted electronically,                    claimed confidential information, in our
                                                  [FR Doc. 2017–19030 Filed 9–7–17; 8:45 am]              including attachments, to https://                    consideration of comments. The second
                                                  BILLING CODE 4164–01–P                                  www.regulations.gov will be posted to                 copy, which will have the claimed
                                                                                                          the docket unchanged. Because your                    confidential information redacted/
                                                                                                          comment will be made public, you are                  blacked out, will be available for public
                                                  DEPARTMENT OF HEALTH AND                                solely responsible for ensuring that your             viewing and posted on https://
                                                  HUMAN SERVICES                                          comment does not include any                          www.regulations.gov. Submit both
                                                                                                          confidential information that you or a                copies to the Dockets Management Staff.
                                                  Food and Drug Administration                            third party may not wish to be posted,                If you do not wish your name and
                                                                                                          such as medical information, your or                  contact information to be made publicly
                                                  21 CFR Chapter I                                        anyone else’s Social Security number, or              available, you can provide this
                                                                                                          confidential business information, such               information on the cover sheet and not
                                                  [Docket No. FDA–2017–N–5093]                                                                                  in the body of your comments and you
                                                                                                          as a manufacturing process. Please note
                                                                                                          that if you include your name, contact                must identify this information as
                                                  Review of Existing General Regulatory                                                                         ‘‘confidential.’’ Any information marked
                                                  and Information Collection                              information, or other information that
                                                                                                          identifies you in the body of your                    as ‘‘confidential’’ will not be disclosed
                                                  Requirements of the Food and Drug                                                                             except in accordance with 21 CFR 10.20
                                                  Administration                                          comments, that information will be
                                                                                                          posted on https://www.regulations.gov.                and other applicable disclosure law. For
                                                  AGENCY:    Food and Drug Administration,                  • If you want to submit a comment                   more information about FDA’s posting
                                                  HHS.                                                    with confidential information that you                of comments to public dockets, see 80
                                                                                                          do not wish to be made available to the               FR 56469, September 18, 2015, or access
                                                  ACTION:Request for comments and
                                                                                                          public submit the comment as a written/               the information at: https://www.gpo.gov/
                                                  information.
                                                                                                          paper submission and in the manner                    fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                  SUMMARY:   As part of the implementation                detailed (see ‘‘Written/Paper                         23389.pdf.
                                                  of Executive Order 13771 entitled,                      Submissions’’ and ‘‘Instructions.’’).                    Docket: For access to the docket to
                                                  ‘‘Reducing Regulation and Controlling                                                                         read background documents or the
                                                  Regulatory Costs,’’ and Executive Order                 Written/Paper Submissions                             electronic and written/paper comments
                                                  13777 entitled, ‘‘Enforcing the                           Submit written/paper submissions as                 received, go to https://
                                                  Regulatory Reform Agenda,’’ the Food                    follows:                                              www.regulations.gov and insert the
                                                  and Drug Administration (FDA, Agency,                     • Mail/Hand delivery/Courier (for                   docket number, found in brackets in the
                                                  or we) is seeking comments and                          written/paper submissions): Dockets                   heading of this document, into the
                                                  information from interested parties to                  Management Staff (HFA–305), Food and                  ‘‘Search’’ box and follow the prompts
                                                  help FDA identify existing regulations                  Drug Administration, 5630 Fishers                     and/or go to the Dockets Management
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  and related paperwork requirements                      Lane, Rm. 1061, Rockville, MD 20852.                  Staff Office, 5630 Fishers Lane, Rm.
                                                  that could be modified, repealed, or                      • For written/paper comments                        1061, Rockville, MD 20852.
                                                  replaced, consistent with the law, to                   submitted to the Dockets Management                   FOR FURTHER INFORMATION CONTACT:
                                                  achieve meaningful burden reduction                     Staff, FDA will post your comment, as                 Megan Velez, Office of Policy, Food and
                                                  while allowing us to achieve our public                 well as any attachments, except for                   Drug Administration, 10903 New
                                                  health mission and fulfill statutory                    information submitted, marked and                     Hampshire Ave., Silver Spring, MD
                                                  obligations. This document relates to                   identified, as confidential, if submitted             20993, 301–796–4830, megan.velez@
                                                  general regulatory and information                      as detailed in ‘‘Instructions.’’                      fda.hhs.gov.


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                                                                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                         42507

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




                                                     • Impose costs that exceed benefits;                 and explain what FDA regulation is                    include the Office of Management and
                                                     • Create a serious inconsistency or                  affected and in what way it is affected.              Budget (OMB) control number.
                                                  otherwise interfere with regulatory                        Æ Is this regulation duplicative of                   In addition, in order to enable us to
                                                  reform initiatives and policies;                        requirements in other FDA regulations                 more efficiently review and consider
                                                     • Are inconsistent with the                          or other Federal Agency regulations? If               comments, we ask that the comments be
                                                  requirements of the Information Quality                 yes, identify the overlapping                         submitted in the format shown in table
                                                  Act, or the guidance issued pursuant to                 regulation(s) and responsible Federal                 1 of this document.



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                                                  42508                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                                                                                 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                                                       Condensable Particulate Emissions from                       hearing on our Web site at: https://
                                                     The following references are on                                    Stationary Sources to improve the                            www.epa.gov/emc/emc-proposed-test-
                                                  display in the Dockets Management                                     consistency in results achieved across                       methods. The EPA does not intend to
                                                  Staff office (see ADDRESSES) and are                                  the testing community.                                       publish another document in the
                                                  available for viewing by interested                                   DATES:                                                       Federal Register announcing any
                                                  persons between 9 a.m. and 4 p.m.,                                      Comments. Comments must be                                 updates on the request for a public
                                                  Monday through Friday; they are also                                  received on or before November 7, 2017.                      hearing. Please contact Mr. Ned
                                                  available electronically at https://                                    Public Hearing. If a public hearing is                     Shappley at (919) 541–7903 or by email
                                                  www.regulations.gov. FDA has verified                                 requested by September 18, 2017, then                        at shappley.ned@epa.gov to request a
                                                  the Web site addresses, as of the date                                we will hold a public hearing on                             public hearing, to register to speak at the
                                                  this document publishes in the Federal                                October 10, 2017 at the location                             public hearing, or to inquire as to
                                                  Register, but Web sites are subject to                                described in the ADDRESSES section. The                      whether a public hearing will be held.
                                                  change over time.                                                     last day to pre-register in advance to                          Docket: All documents in the docket
                                                                                                                        speak at the public hearing will be                          are listed in the http://
                                                  1. Executive Order 13771 (January 30, 2017);                          October 6, 2017.
                                                       available at https://
                                                                                                                                                                                     www.regulations.gov index. Although
                                                       www.federalregister.gov/documents/                               ADDRESSES: Submit your comments,                             listed in the index, some information is
                                                       2017/02/03/2017-02451/reducing-                                  identified by Docket ID No. EPA–HQ–                          not publicly available, e.g., CBI or other
                                                       regulation-and-controlling-regulatory-                           OAR–2016–0456, to the Federal                                information whose disclosure is
                                                       costs.                                                           eRulemaking Portal at http://                                restricted by statute. Certain other
                                                  2. Executive Order 13777 (February 24,                                www.regulations.gov. Follow the online                       material, such as copyrighted material,
                                                       2017); available at https://                                     instructions for submitting comments.                        will be publicly available only in hard
                                                       www.federalregister.gov/documents/                               Once submitted, comments cannot be                           copy. Publicly available docket
                                                       2017/03/01/2017-04107/enforcing-the-                             edited or withdrawn. The EPA may                             materials are available either
                                                       regulatory-reform-agenda.
                                                                                                                        publish any comment received to its                          electronically in http://
                                                    Dated: August 30, 2017.                                             public docket. Do not submit                                 www.regulations.gov or in hard copy at
                                                  Anna K. Abram,                                                        electronically any information you                           the EPA Docket Center, EPA/DC, EPA
                                                  Deputy Commissioner for Policy, Planning,                             consider to be Confidential Business                         WJC West Building, Room 3334, 1301
                                                  Legislation, and Analysis.                                            Information (CBI) or other information                       Constitution Avenue NW., Washington,
                                                  [FR Doc. 2017–19047 Filed 9–7–17; 8:45 am]                            whose disclosure is restricted by statute.                   DC. This Docket Facility is open from
                                                  BILLING CODE 4164–01–P                                                Multimedia submissions (audio, video,                        8:30 a.m. to 4:30 p.m., Monday through
                                                                                                                        etc.) must be accompanied by a written                       Friday, excluding legal holidays. The
                                                                                                                        comment. The written comment is                              telephone number for the Public
                                                  ENVIRONMENTAL PROTECTION                                              considered the official comment and                          Reading Room is (202) 566–1744, and
                                                  AGENCY                                                                should include discussion of all points                      the telephone number for the Air Docket
                                                                                                                        you wish to make. The EPA will                               is (202) 566–1742.
                                                  40 CFR Part 51                                                        generally not consider comments or                           FOR FURTHER INFORMATION CONTACT: Mr.
                                                  [EPA–HQ–OAR–2016–0456; FRL–9966–75–
                                                                                                                        comment contents located outside of the                      Ned Shappley, Office of Air Quality
                                                  OAR]                                                                  primary submission (i.e., on the Web,                        Planning and Standards, Air Quality
                                                                                                                        Cloud, or other file sharing system). For                    Assessment Division, Measurement
                                                  RIN 2060–AS91                                                         additional submission methods, the full                      Technology Group (E143–02),
                                                                                                                        EPA public comment policy,                                   Environmental Protection Agency,
                                                  Method 202—Dry Impinger Method for                                    information about CBI or multimedia
                                                  Determining Condensable Particulate                                                                                                Research Triangle Park, NC 27711;
                                                                                                                        submissions, and general guidance on                         telephone number: (919) 541–5225; fax
                                                  Emissions From Stationary Sources                                     making effective comments, please visit                      number: (919) 541–0516; email address:
                                                                                                                        http://www2.epa.gov/dockets/
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  AGENCY:  Environmental Protection                                                                                                  shappley.ned@epa.gov.
                                                  Agency (EPA).                                                         commenting-epa-dockets.
                                                                                                                                                                                     SUPPLEMENTARY INFORMATION: The
                                                  ACTION: Proposed rule.                                                  Public Hearing. If a public hearing is
                                                                                                                        requested, it will be held at EPA                            following topics are discussed in this
                                                  SUMMARY:   In this action, the                                        Headquarters, William Jefferson Clinton                      preamble.
                                                  Environmental Protection Agency (EPA)                                 East Building, 1201 Constitution                             I. General Information
                                                  proposes editorial and technical                                      Avenue NW., Washington, DC 20004. If                            A. Does this action apply to me?
                                                  revisions to the EPA’s Method 202—Dry                                 a public hearing is requested, then we                          B. What should I consider as I prepare my
                                                  Impinger Method for Determining                                       will provide details about the public                             comments?



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Document Created: 2018-10-24 14:09:29
Document Modified: 2018-10-24 14:09:29
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.
ContactMegan Velez, Office of Policy, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-796-4830, [email protected]
FR Citation82 FR 42506 

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