82_FR_43941 82 FR 43761 - Agency Information Collection Activities; Proposed Collection; Comment Request; Establishing and Maintaining Lists of United States Manufacturers/Processors With Interest in Exporting Center for Food Safety and Applied Nutrition-Regulated Products to China

82 FR 43761 - Agency Information Collection Activities; Proposed Collection; Comment Request; Establishing and Maintaining Lists of United States Manufacturers/Processors With Interest in Exporting Center for Food Safety and Applied Nutrition-Regulated Products to China

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43761-43764
FR Document2017-19890

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions found in the guidance entitled ``Establishing and Maintaining a List of U.S. Milk and Milk Product, Seafood, Infant Formula, and Formula for Young Children Manufacturers/Processors with Interest in Exporting to China: Guidance for Industry.''

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43761-43764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19890]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0192]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Establishing and Maintaining Lists of United States 
Manufacturers/Processors With Interest in Exporting Center for Food 
Safety and Applied Nutrition-Regulated Products to China

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the information collection provisions found 
in the

[[Page 43762]]

guidance entitled ``Establishing and Maintaining a List of U.S. Milk 
and Milk Product, Seafood, Infant Formula, and Formula for Young 
Children Manufacturers/Processors with Interest in Exporting to China: 
Guidance for Industry.''

DATES: Submit either electronic or written comments on the collection 
of information by November 20, 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 November 20, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 20, 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-2014-N-0192 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Establishing and Maintaining 
Lists of U.S. Manufacturers/Processors with Interest in Exporting 
CFSAN-Regulated Products to China.'' 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.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the 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, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
PRAStaff@fda.hhs.gov.

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

Establishing and Maintaining Lists of U.S. Manufacturers/Processors 
With Interest in Exporting CFSAN-Regulated Products to China--21 U.S.C. 
371

OMB Control Number 0910-0839--Extension

    The United States exports a large volume and variety of foods in 
international trade. For certain food products, foreign governments may 
require assurances from the responsible authority of the country of 
origin of an imported food product that the manufacturer/processor of 
the food

[[Page 43763]]

product is in compliance with applicable country of origin regulatory 
requirements. Some foreign governments establish additional 
requirements with which exporters are required to comply.
    In August 2011, China's State General Administration of the 
People's Republic of China for Quality Supervision, Inspection, and 
Quarantine (AQSIQ) published the ``Administrative Measures for 
Registration of Overseas Manufacturers,'' known as AQSIQ Decree 145 
(https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Registration%20of%20Overseas%20Food%20Manufacturing%20Facilities%20_Beijing_China%20-%20Peoples%20Republic%20of_6-27-2012.pdf), which became 
effective May 1, 2012. AQSIQ Decree 145, among other requirements, 
mandates that foreign competent authorities provide the Certification 
and Accreditation Administration of China (CNCA) with a name list of 
overseas manufacturers of imported food applying for registration with 
CNCA for each commodity that CNCA has deemed to require registration. 
As of June 2017, milk and milk products, seafood, infant formula, and 
formula for young children are among the commodities for which CNCA 
requires registration of overseas manufacturers under AQSIQ Decree 145. 
CNCA has recognized FDA/Center for Food Safety and Applied Nutrition 
(CFSAN) as the competent food safety authority in the United States to 
establish and maintain lists of U.S. establishments that intend to 
export U.S. milk and milk products, seafood, infant formula, and/or 
formula for young children to China, including the corresponding 
products manufactured by each establishment and intended for export to 
China. In order to implement AQSIQ Decree 145, FDA and CNCA entered 
into a Memorandum of Understanding (China MOU) on June 15, 2017, which 
sets out the two agencies' intent to facilitate the conditions under 
which U.S. manufacturers/processors can export to China milk and milk 
products, seafood, infant formula, and/or formula for young children.
    Under the China MOU, FDA intends to establish and maintain lists 
that identify U.S. manufacturers/processors that have expressed 
interest to FDA in exporting milk and milk products, seafood, infant 
formula, and/or formula for young children to China; are subject to our 
jurisdiction; and have been found by FDA to be in good regulatory 
standing with FDA, including a finding by FDA that, during the most 
recent facility inspection, the manufacturers/processors have been 
found to be in substantial compliance with all applicable FDA 
regulations, including, but not limited to, current good manufacturing 
practice requirements for the identified products for export to China. 
Further, the China MOU provides for FDA to receive evidence that the 
manufacturer/processor has been certified by a third-party 
certification body--as acknowledged by CNCA--to meet the relevant 
standards, laws, and regulations of China for the identified food 
products for export to China. On June 28, 2017, FDA issued a guidance 
document entitled, ``Establishing and Maintaining a List of U.S. Milk 
and Milk Product, Seafood, Infant Formula, and Formula for Young 
Children Manufacturers/Processors with Interest in Exporting to China: 
Guidance for Industry'' which can be found at https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm378777.htm. The guidance informs industry of information that FDA 
and CNCA will collect to manage the listing of these manufacturers/
processors and foods for export to China pursuant to AQSIQ Decree 145 
and the China MOU.
    In accordance with 5 CFR 1320.13, FDA requested emergency review 
and approval of the collections of information found in the guidance 
document. The routine course of approval would have delayed our ability 
to collect the information from firms and, thus, would have been 
disruptive in our efforts to facilitate exports of food in compliance 
with requirements established by China in AQSIQ Decree 145. OMB granted 
the approval under emergency clearance procedures on June 27, 2017.
    FDA uses the information submitted by manufacturers/processors to 
consider them for inclusion on FDA's lists of eligible manufacturers/
processors that may ship food products to China, which we maintain. 
Updates to the FDA lists are sent to CNCA, which publishes quarterly 
its version of the information in the FDA lists on China's Web site 
(http://english.cnca.gov.cn/). The purpose of the lists is to assist 
China in its determination of which U.S. milk and milk product, 
seafood, infant formula, or formula for young children manufacturers/
processors are eligible to import these products into China under 
applicable Chinese law. Currently FDA maintains lists for milk and milk 
product, seafood, infant formula, and formula for young children but 
FDA wants to be prepared if CNCA requires listing of manufacturers/
processors of other CFSAN-regulated products in the future. As such, 
the information collection request is not limited to milk and milk 
product, seafood, infant formula, and formula for young children but 
also may include other CFSAN-regulated products.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
New written requests to be                   370               1             370               1             370
 placed on the lists............
Third-party certification.......             370               1             370              21           7,770
Biennial update.................             555               1             555               1             555
Third-party certification                    555               1             555              21          11,655
 biennial update................
Occasional updates..............             100               1             100             0.5              50
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          20,400
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden for this information collection has not changed since 
the last OMB approval. Based on our experience maintaining other export 
lists, we estimate that, annually, an average of 370 new manufacturers/
processors will submit written requests to be placed on the China 
lists. The estimate of the number of hours that it will take a

[[Page 43764]]

manufacturer/processor to gather the information needed to be placed on 
a list or update its information is based on FDA's experience with 
manufacturers/processors submitting similar requests. FDA believes that 
the information to be submitted will be readily available to 
manufacturers/processors. We estimate that a firm will require 1 hour 
to read the guidance, gather the information needed, and prepare a 
communication to FDA that contains the information needed to request 
that the manufacturer/processor be placed on a list.
    To be placed on a list, manufacturers/processors should provide FDA 
with evidence that they have obtained third-party certification from a 
CNCA-acknowledged certifier that the manufacturer/processor complies 
with the standards, laws, and regulations of China according to 
relevant requirements specified in AQSIQ Decree 145. Based on our 
experience with other certification programs, FDA estimates that it 
will take each new manufacturer/processor about 21 hours to complete 
the third-party certification process for a total of 7,770 burden hours 
(370 manufacturers/processors x 21 hours).
    Under the guidance, every 2 years each manufacturer/processor on 
the lists must provide updated information in order to remain on the 
lists. FDA estimates that each year approximately half of the 
manufacturers/processors on the lists, or 555 manufacturers/processors 
(1,110 manufacturers/processors x 0.5 = 555), will resubmit the 
information to remain on the lists. We estimate that a manufacturer/
processor already on the lists will require 1 hour to biennially update 
and resubmit the information to FDA, including time reviewing the 
information and corresponding with FDA, for a total of 555 hours.
    During the biennial update, manufacturers/processors also need to 
be recertified by a third-party certifier to remain on the lists. FDA 
estimates that each year approximately half of the manufacturers/
processors on the lists, 555 manufacturers/processors (1,110 
manufacturers/processors x 0.5 = 555), will get recertified. We 
estimate that it will take each manufacturer/processor about 21 hours 
to complete the certification process for a total of 11,655 burden 
hours (555 manufacturers/processors x 21 hours).
    FDA expects that, each year, approximately 100 manufacturers/
processors will need to submit an occasional update and each 
manufacturer/processor will require 0.5 hours to prepare a 
communication to FDA reporting the change, for a total of 50 hours.

    Dated: September 13, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-19890 Filed 9-18-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                      Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices                                                                                                43761

                                                    and toolkits for LHDs and community                                     research. This study will generate                                            science activities and resources.
                                                    groups so that they can align their                                     information that can help define the                                          Researchers will identify potential
                                                    efforts and strengthen the benefits and                                 phenomenon of disaster citizen science                                        interview participants through literature
                                                    positive impacts of citizen science                                     and may result in nationally                                                  reviews and snowball sampling in a
                                                    activities. For interviews, the                                         representative baseline data that can                                         phased approach starting with citizen
                                                    information collection will target citizen                              support changes in citizen science                                            science and LHD organizations.
                                                    scientists and end users of citizen                                     awareness, barriers, and activities.                                          Researchers will sample for maximum
                                                    science data.                                                              While interviews will be hypothesis                                        variation in order to capture the full
                                                       Citizen science is defined as research                               generating and provide rich data on the                                       range of citizen scientist and health
                                                    activities (e.g., data collection, analysis,                            experiences with citizen science to date                                      department experiences on this topic.
                                                    and reporting) performed by members of                                  across all stakeholders active in this                                           For the survey, the researchers will
                                                    the general public without any                                          enterprise, the nationally-representative                                     target a nationally representative sample
                                                    particular training in science. Citizen                                 survey data will allow us to generalize                                       of 600 local health officials and will
                                                    science is growing in popularity, fueled                                findings to the full population of LHDs                                       apply survey weights to ensure that
                                                    in part by growing use of smartphones                                   in the U.S.                                                                   findings have external validity and can
                                                    and other personal devices in the                                          CDC will collaborate with a contractor
                                                                                                                                                                                                          be generalized to LHDs in the U.S. The
                                                    population. Although citizen collection                                 to implement this project. Researchers
                                                                                                                                                                                                          survey, which will take 30 minutes to
                                                    and use of data during disasters has                                    will target citizen scientists and their
                                                                                                                                                                                                          complete, will include questions on
                                                    increased exponentially in recent years                                 partners (e.g., academics who work with
                                                                                                                                                                                                          both citizen science as applied to
                                                    and there is great policy interest in the                               citizen scientists on research projects)
                                                                                                                                                                                                          disaster preparedness and response, and
                                                    phenomenon, there has been no robust                                    and LHDs in a position to use citizen
                                                                                                                                                                                                          citizen science as occurring in other
                                                    research to date on the use of, barriers                                science data to inform public health
                                                                                                                                                                                                          contexts (such as environmental
                                                    to, and impact of citizen science in                                    decision-making. For interviews,
                                                                                                                                                                                                          health)to draw lessons for preparedness
                                                    disasters. Local health departments                                     researchers will sample for maximum
                                                                                                                                                                                                          and response.
                                                    (LHDs) lack tools to respond to and                                     variation, seeking to obtain variation on
                                                    coordinate with citizen science                                         U.S. region, type and sophistication of                                          OPHPR anticipates that the
                                                    activities within communities.                                          citizen science project, type of disaster                                     knowledge resulting from this research
                                                    Furthermore, citizen science                                            encountered, and previous experience                                          project will contribute significantly to
                                                    organizations lack information on how                                   with disaster citizen science.                                                the evidence base for preparedness and
                                                    to organize their activities for ultimate                                  The researchers aim to conduct 35–55                                       response and lead to improved
                                                    impact.                                                                 individual and group facilitated semi-                                        efficiency, effectiveness, and outcomes
                                                       This is an exploratory study and is the                              structured interviews, each lasting                                           in several domains.
                                                    first of its kind to explore the growing                                approximately 60 minutes, to cover                                               Participation in this study is
                                                    phenomenon of disaster citizen science.                                 topics including benefits and uses of                                         voluntary. There are no costs to
                                                    Disaster citizen science is a rapidly                                   citizen science, barriers to and                                              respondents other than their time. A
                                                    growing field that is the focus of policy                               facilitators of citizen science, and                                          summary of annualized burden hours is
                                                    interest, but currently devoid of                                       strengths and limitations of citizen                                          below.

                                                                                                                           ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                        Number of                     Average
                                                                                                                                                                             Number of                   responses                  burden per              Total burden
                                                              Type of respondents                                                Form name                                  respondents                     per                      response                (in hours)
                                                                                                                                                                                                        respondent                   (in hours)

                                                    Citizen scientists and their partners;                   Interview Guide (semi-structured                                                 55                            1                   75/60                 69
                                                      local health officials.                                   questionnaire).
                                                    Local health departments .................               Survey ..............................................                           300                            1                  30/60                 150

                                                         Total ...........................................   ...........................................................   ........................   ........................   ........................            219



                                                    Leroy A. Richardson,                                                    DEPARTMENT OF HEALTH AND                                                      ACTION:        Notice.
                                                    Chief, Information Collection Review Office,                            HUMAN SERVICES
                                                    Office of Scientific Integrity, Office of the                                                                                                         SUMMARY:   The Food and Drug
                                                    Associate Director for Science, Office of the                           Food and Drug Administration                                                  Administration (FDA or Agency) is
                                                    Director, Centers for Disease Control and                                                                                                             announcing an opportunity for public
                                                    Prevention.                                                             [Docket No. FDA–2014–N–0192]                                                  comment on the proposed collection of
                                                    [FR Doc. 2017–19824 Filed 9–18–17; 8:45 am]                                                                                                           certain information by the Agency.
                                                    BILLING CODE 4163–18–P                                                  Agency Information Collection                                                 Under the Paperwork Reduction Act of
                                                                                                                            Activities; Proposed Collection;                                              1995 (PRA), Federal Agencies are
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                            Comment Request; Establishing and                                             required to publish notice in the
                                                                                                                            Maintaining Lists of United States                                            Federal Register concerning each
                                                                                                                            Manufacturers/Processors With                                                 proposed collection of information,
                                                                                                                            Interest in Exporting Center for Food                                         including each proposed extension of an
                                                                                                                            Safety and Applied Nutrition-Regulated                                        existing collection of information, and
                                                                                                                            Products to China                                                             to allow 60 days for public comment in
                                                                                                                                                                                                          response to the notice. This notice
                                                                                                                            AGENCY:         Food and Drug Administration,                                 solicits comments on the information
                                                                                                                            HHS.                                                                          collection provisions found in the


                                               VerDate Sep<11>2014       17:12 Sep 18, 2017        Jkt 241001       PO 00000        Frm 00024        Fmt 4703        Sfmt 4703      E:\FR\FM\19SEN1.SGM               19SEN1


                                                    43762                     Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices

                                                    guidance entitled ‘‘Establishing and                    Staff, FDA will post your comment, as                 Staff, 5630 Fishers Lane, Rm. 1061,
                                                    Maintaining a List of U.S. Milk and Milk                well as any attachments, except for                   Rockville, MD 20852.
                                                    Product, Seafood, Infant Formula, and                   information submitted, marked and                     FOR FURTHER INFORMATION CONTACT:
                                                    Formula for Young Children                              identified, as confidential, if submitted             Domini Bean, Office of Operations,
                                                    Manufacturers/Processors with Interest                  as detailed in ‘‘Instructions.’’                      Food and Drug Administration, Three
                                                    in Exporting to China: Guidance for                        Instructions: All submissions received             White Flint North, 10A12M, 11601
                                                    Industry.’’                                             must include the Docket No. FDA–                      Landsdown St., North Bethesda, MD
                                                    DATES:  Submit either electronic or                     2014–N–0192 for ‘‘Agency Information                  20852, 301–796–5733, PRAStaff@
                                                    written comments on the collection of                   Collection Activities; Proposed                       fda.hhs.gov.
                                                    information by November 20, 2017.                       Collection; Comment Request;                          SUPPLEMENTARY INFORMATION: Under the
                                                                                                            Establishing and Maintaining Lists of                 PRA (44 U.S.C. 3501–3520), Federal
                                                    ADDRESSES: You may submit comments
                                                                                                            U.S. Manufacturers/Processors with                    Agencies must obtain approval from the
                                                    as follows. Please note that late,
                                                                                                            Interest in Exporting CFSAN-Regulated                 Office of Management and Budget
                                                    untimely filed comments will not be
                                                                                                            Products to China.’’ Received                         (OMB) for each collection of
                                                    considered. Electronic comments must
                                                                                                            comments, those filed in a timely                     information they conduct or sponsor.
                                                    be submitted on or before November 20,
                                                                                                            manner (see ADDRESSES), will be placed                ‘‘Collection of information’’ is defined
                                                    2017. The https://www.regulations.gov
                                                                                                            in the docket and, except for those                   in 44 U.S.C. 3502(3) and 5 CFR
                                                    electronic filing system will accept
                                                                                                            submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                                    comments until midnight Eastern Time
                                                                                                            Submissions,’’ publicly viewable at                   or requirements that members of the
                                                    at the end of November 20, 2017.
                                                                                                            https://www.regulations.gov or at the                 public submit reports, keep records, or
                                                    Comments received by mail/hand
                                                                                                            Dockets Management Staff Office                       provide information to a third party.
                                                    delivery/courier (for written/paper
                                                                                                            between 9 a.m. and 4 p.m., Monday                     Section 3506(c)(2)(A) of the PRA (44
                                                    submissions) will be considered timely
                                                                                                            through Friday.                                       U.S.C. 3506(c)(2)(A)) requires Federal
                                                    if they are postmarked or the delivery
                                                    service acceptance receipt is on or                        • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                                    before that date.                                       submit a comment with confidential                    the Federal Register concerning each
                                                                                                            information that you do not wish to be                proposed collection of information,
                                                    Electronic Submissions                                  made publicly available, submit your                  including each proposed extension of an
                                                      Submit electronic comments in the                     comments only as a written/paper                      existing collection of information,
                                                    following way:                                          submission. You should submit two                     before submitting the collection to OMB
                                                      • Federal eRulemaking Portal:                         copies total. One copy will include the               for approval. To comply with this
                                                    https://www.regulations.gov. Follow the                 information you claim to be confidential              requirement, FDA is publishing notice
                                                    instructions for submitting comments.                   with a heading or cover note that states              of the proposed collection of
                                                    Comments submitted electronically,                      ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                                    including attachments, to https://                      CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                                    www.regulations.gov will be posted to                   Agency will review this copy, including               collection of information, FDA invites
                                                    the docket unchanged. Because your                      the claimed confidential information, in              comments on these topics: (1) Whether
                                                    comment will be made public, you are                    its consideration of comments. The                    the proposed collection of information
                                                    solely responsible for ensuring that your               second copy, which will have the                      is necessary for the proper performance
                                                    comment does not include any                            claimed confidential information                      of FDA’s functions, including whether
                                                    confidential information that you or a                  redacted/blacked out, will be available               the information will have practical
                                                    third party may not wish to be posted,                  for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                                    such as medical information, your or                    https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                                    anyone else’s Social Security number, or                both copies to the Dockets Management                 collection of information, including the
                                                    confidential business information, such                 Staff. If you do not wish your name and               validity of the methodology and
                                                    as a manufacturing process. Please note                 contact information to be made publicly               assumptions used; (3) ways to enhance
                                                    that if you include your name, contact                  available, you can provide this                       the quality, utility, and clarity of the
                                                    information, or other information that                  information on the cover sheet and not                information to be collected; and (4)
                                                                                                            in the body of your comments and you                  ways to minimize the burden of the
                                                    identifies you in the body of your
                                                                                                            must identify this information as                     collection of information on
                                                    comments, that information will be
                                                                                                            ‘‘confidential.’’ Any information marked              respondents, including through the use
                                                    posted on https://www.regulations.gov.
                                                      • If you want to submit a comment                     as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                                    with confidential information that you                  except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                                    do not wish to be made available to the                 and other applicable disclosure law. For              information technology.
                                                    public, submit the comment as a                         more information about FDA’s posting                  Establishing and Maintaining Lists of
                                                    written/paper submission and in the                     of comments to public dockets, see 80                 U.S. Manufacturers/Processors With
                                                    manner detailed (see ‘‘Written/Paper                    FR 56469, September 18, 2015, or access               Interest in Exporting CFSAN-Regulated
                                                    Submissions’’ and ‘‘Instructions’’).                    the information at: https://www.gpo.gov/              Products to China—21 U.S.C. 371
                                                                                                            fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                    Written/Paper Submissions                               23389.pdf.                                            OMB Control Number 0910–0839—
                                                                                                                                                                  Extension
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                                                      Submit written/paper submissions as                      Docket: For access to the docket to
                                                    follows:                                                read background documents or the                        The United States exports a large
                                                      • Mail/Hand delivery/Courier (for                     electronic and written/paper comments                 volume and variety of foods in
                                                    written/paper submissions): Dockets                     received, go to https://www.                          international trade. For certain food
                                                    Management Staff (HFA–305), Food and                    regulations.gov and insert the docket                 products, foreign governments may
                                                    Drug Administration, 5630 Fishers                       number, found in brackets in the                      require assurances from the responsible
                                                    Lane, Rm. 1061, Rockville, MD 20852.                    heading of this document, into the                    authority of the country of origin of an
                                                      • For written/paper comments                          ‘‘Search’’ box and follow the prompts                 imported food product that the
                                                    submitted to the Dockets Management                     and/or go to the Dockets Management                   manufacturer/processor of the food


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                                                                                        Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices                                                                                              43763

                                                    product is in compliance with                                              Understanding (China MOU) on June                                           manufacturers/processors and foods for
                                                    applicable country of origin regulatory                                    15, 2017, which sets out the two                                            export to China pursuant to AQSIQ
                                                    requirements. Some foreign                                                 agencies’ intent to facilitate the                                          Decree 145 and the China MOU.
                                                    governments establish additional                                           conditions under which U.S.                                                    In accordance with 5 CFR 1320.13,
                                                    requirements with which exporters are                                      manufacturers/processors can export to                                      FDA requested emergency review and
                                                    required to comply.                                                        China milk and milk products, seafood,                                      approval of the collections of
                                                       In August 2011, China’s State General                                   infant formula, and/or formula for                                          information found in the guidance
                                                    Administration of the People’s Republic                                    young children.                                                             document. The routine course of
                                                    of China for Quality Supervision,                                             Under the China MOU, FDA intends                                         approval would have delayed our ability
                                                    Inspection, and Quarantine (AQSIQ)                                         to establish and maintain lists that                                        to collect the information from firms
                                                    published the ‘‘Administrative                                             identify U.S. manufacturers/processors                                      and, thus, would have been disruptive
                                                    Measures for Registration of Overseas                                      that have expressed interest to FDA in                                      in our efforts to facilitate exports of food
                                                    Manufacturers,’’ known as AQSIQ                                            exporting milk and milk products,                                           in compliance with requirements
                                                    Decree 145 (https://gain.fas.usda.gov/                                     seafood, infant formula, and/or formula                                     established by China in AQSIQ Decree
                                                    Recent%20GAIN%20Publications/                                              for young children to China; are subject                                    145. OMB granted the approval under
                                                    Registration%20of%20Overseas%20                                            to our jurisdiction; and have been found                                    emergency clearance procedures on
                                                    Food%20Manufacturing%20Facilities                                          by FDA to be in good regulatory                                             June 27, 2017.
                                                    %20_Beijing_China%20-%20                                                   standing with FDA, including a finding
                                                    Peoples%20Republic%20of_6-27-                                              by FDA that, during the most recent                                            FDA uses the information submitted
                                                    2012.pdf), which became effective May                                      facility inspection, the manufacturers/                                     by manufacturers/processors to consider
                                                    1, 2012. AQSIQ Decree 145, among                                           processors have been found to be in                                         them for inclusion on FDA’s lists of
                                                    other requirements, mandates that                                          substantial compliance with all                                             eligible manufacturers/processors that
                                                    foreign competent authorities provide                                      applicable FDA regulations, including,                                      may ship food products to China, which
                                                    the Certification and Accreditation                                        but not limited to, current good                                            we maintain. Updates to the FDA lists
                                                    Administration of China (CNCA) with a                                      manufacturing practice requirements for                                     are sent to CNCA, which publishes
                                                    name list of overseas manufacturers of                                     the identified products for export to                                       quarterly its version of the information
                                                    imported food applying for registration                                    China. Further, the China MOU                                               in the FDA lists on China’s Web site
                                                    with CNCA for each commodity that                                          provides for FDA to receive evidence                                        (http://english.cnca.gov.cn/). The
                                                    CNCA has deemed to require                                                 that the manufacturer/processor has                                         purpose of the lists is to assist China in
                                                    registration. As of June 2017, milk and                                    been certified by a third-party                                             its determination of which U.S. milk
                                                    milk products, seafood, infant formula,                                    certification body—as acknowledged by                                       and milk product, seafood, infant
                                                    and formula for young children are                                         CNCA—to meet the relevant standards,                                        formula, or formula for young children
                                                    among the commodities for which                                            laws, and regulations of China for the                                      manufacturers/processors are eligible to
                                                    CNCA requires registration of overseas                                     identified food products for export to                                      import these products into China under
                                                    manufacturers under AQSIQ Decree                                           China. On June 28, 2017, FDA issued a                                       applicable Chinese law. Currently FDA
                                                    145. CNCA has recognized FDA/Center                                        guidance document entitled,                                                 maintains lists for milk and milk
                                                    for Food Safety and Applied Nutrition                                      ‘‘Establishing and Maintaining a List of                                    product, seafood, infant formula, and
                                                    (CFSAN) as the competent food safety                                       U.S. Milk and Milk Product, Seafood,                                        formula for young children but FDA
                                                    authority in the United States to                                          Infant Formula, and Formula for Young                                       wants to be prepared if CNCA requires
                                                    establish and maintain lists of U.S.                                       Children Manufacturers/Processors with                                      listing of manufacturers/processors of
                                                    establishments that intend to export                                       Interest in Exporting to China: Guidance                                    other CFSAN-regulated products in the
                                                    U.S. milk and milk products, seafood,                                      for Industry’’ which can be found at                                        future. As such, the information
                                                    infant formula, and/or formula for                                         https://www.fda.gov/Food/                                                   collection request is not limited to milk
                                                    young children to China, including the                                     GuidanceRegulation/                                                         and milk product, seafood, infant
                                                    corresponding products manufactured                                        GuidanceDocumentsRegulatory                                                 formula, and formula for young children
                                                    by each establishment and intended for                                     Information/ucm378777.htm. The                                              but also may include other CFSAN-
                                                    export to China. In order to implement                                     guidance informs industry of                                                regulated products.
                                                    AQSIQ Decree 145, FDA and CNCA                                             information that FDA and CNCA will                                             FDA estimates the burden of this
                                                    entered into a Memorandum of                                               collect to manage the listing of these                                      collection of information as follows:

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

                                                    New written requests to be placed on the lists ...................                                            370                            1                      370                            1              370
                                                    Third-party certification ........................................................                            370                            1                      370                           21            7,770
                                                    Biennial update ....................................................................                          555                            1                      555                            1              555
                                                    Third-party certification biennial update ...............................                                     555                            1                      555                           21           11,655
                                                    Occasional updates .............................................................                              100                            1                      100                          0.5               50
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                                                          Total ..............................................................................   ........................   ........................   ........................   ........................         20,400
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The burden for this information                                          maintaining other export lists, we                                          submit written requests to be placed on
                                                    collection has not changed since the last                                  estimate that, annually, an average of                                      the China lists. The estimate of the
                                                    OMB approval. Based on our experience                                      370 new manufacturers/processors will                                       number of hours that it will take a



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                                                    43764                     Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices

                                                    manufacturer/processor to gather the                    FDA reporting the change, for a total of              Experimental Study on Warning
                                                    information needed to be placed on a                    50 hours.                                             Statements for Cigarette Graphic Health
                                                    list or update its information is based on                Dated: September 13, 2017.                          Warnings
                                                    FDA’s experience with manufacturers/
                                                                                                            Anna K. Abram,                                        OMB Control Number 0910–NEW
                                                    processors submitting similar requests.
                                                    FDA believes that the information to be                 Deputy Commissioner for Policy, Planning,                The health risks associated with the
                                                                                                            Legislation, and Analysis.                            use of cigarettes can be significant and
                                                    submitted will be readily available to
                                                    manufacturers/processors. We estimate                   [FR Doc. 2017–19890 Filed 9–18–17; 8:45 am]           far-reaching. In 2009, Congress enacted
                                                    that a firm will require 1 hour to read                 BILLING CODE 4164–01–P                                the Tobacco Control Act (TCA) (Pub. L.
                                                    the guidance, gather the information                                                                          111–31), which amends the Federal
                                                    needed, and prepare a communication                                                                           Food, Drug, and Cosmetic Act to grant
                                                    to FDA that contains the information                    DEPARTMENT OF HEALTH AND                              FDA authority to regulate the
                                                    needed to request that the                              HUMAN SERVICES                                        manufacture, marketing, and
                                                    manufacturer/processor be placed on a                                                                         distribution of tobacco products to
                                                                                                            Food and Drug Administration                          protect the public health and to reduce
                                                    list.
                                                       To be placed on a list, manufacturers/                                                                     tobacco use by minors. Section 201 of
                                                    processors should provide FDA with                      [Docket No. FDA–2017–N–0932]                          the Tobacco Control Act amends section
                                                    evidence that they have obtained third-                                                                       4 of the Federal Cigarette Labeling and
                                                                                                            Agency Information Collection                         Advertising Act (FCLAA) (15 U.S.C.
                                                    party certification from a CNCA-
                                                                                                            Activities; Submission for Office of                  1333) to require FDA to issue
                                                    acknowledged certifier that the
                                                                                                            Management and Budget Review;                         ‘‘regulations that require color graphics
                                                    manufacturer/processor complies with
                                                                                                            Comment Request; Experimental                         depicting the negative health
                                                    the standards, laws, and regulations of
                                                    China according to relevant
                                                                                                            Study on Warning Statements for                       consequences of smoking to accompany
                                                    requirements specified in AQSIQ Decree
                                                                                                            Cigarette Graphic Health Warnings                     the label statements specified in
                                                                                                                                                                  subsection (a)(1).’’ Section 202(b) of the
                                                    145. Based on our experience with other
                                                                                                            AGENCY:    Food and Drug Administration,              Tobacco Control Act further amends
                                                    certification programs, FDA estimates
                                                                                                            HHS.                                                  section 4 of the FCLAA by adding that
                                                    that it will take each new manufacturer/
                                                                                                                                                                  the Secretary, through notice and
                                                    processor about 21 hours to complete                    ACTION:   Notice.
                                                                                                                                                                  comment rulemaking, may adjust the
                                                    the third-party certification process for
                                                                                                                                                                  ‘‘text of any of the label requirements
                                                    a total of 7,770 burden hours (370                      SUMMARY:   The Food and Drug                          . . . . if the Secretary finds that such a
                                                    manufacturers/processors × 21 hours).                   Administration (FDA) is announcing                    change would promote greater public
                                                       Under the guidance, every 2 years                    that a proposed collection of                         understanding of the risks associated
                                                    each manufacturer/processor on the lists                information has been submitted to the                 with the use of tobacco products.’’
                                                    must provide updated information in                     Office of Management and Budget                          In the Federal Register of June 22,
                                                    order to remain on the lists. FDA                       (OMB) for review and clearance under                  2011 (76 FR 36628), FDA issued a final
                                                    estimates that each year approximately                  the Paperwork Reduction Act of 1995.                  rule entitled ‘‘Required Warnings for
                                                    half of the manufacturers/processors on                                                                       Cigarette Packages and
                                                                                                            DATES:  Fax written comments on the
                                                    the lists, or 555 manufacturers/                                                                              Advertisements,’’ which specified nine
                                                                                                            collection of information by October 19,
                                                    processors (1,110 manufacturers/                                                                              images to accompany new textual
                                                                                                            2017.
                                                    processors × 0.5 = 555), will resubmit                                                                        warning statements for cigarettes.
                                                    the information to remain on the lists.                 ADDRESSES:    To ensure that comments on              Although the rule was scheduled to
                                                    We estimate that a manufacturer/                        the information collection are received,              become effective 15 months after it
                                                    processor already on the lists will                     OMB recommends that written                           issued, a panel of the U.S. Court of
                                                    require 1 hour to biennially update and                 comments be faxed to the Office of                    Appeals of the District of Columbia
                                                    resubmit the information to FDA,                        Information and Regulatory Affairs,                   held, on August 24, 2012, that the rule
                                                    including time reviewing the                            OMB, Attn: FDA Desk Officer, Fax: 202–                in its current form violated the First
                                                    information and corresponding with                      395–7285, or emailed to oira_                         Amendment. In a letter to Congress on
                                                    FDA, for a total of 555 hours.                          submission@omb.eop.gov. All                           March 15, 2013, the Attorney General
                                                       During the biennial update,                          comments should be identified with the                reported FDA’s intention to undertake
                                                    manufacturers/processors also need to                   OMB control number 0910–NEW and                       research to support a new rulemaking
                                                    be recertified by a third-party certifier to            title ‘‘Experimental Study on Warning                 consistent with the Tobacco Control
                                                    remain on the lists. FDA estimates that                 Statements for Cigarette Graphic Health               Act. Preliminary research has been
                                                    each year approximately half of the                     Warnings.’’ Also include the FDA                      underway since 2013. Informed by the
                                                    manufacturers/processors on the lists,                  docket number found in brackets in the                previous court decisions on this matter,
                                                    555 manufacturers/processors (1,110                     heading of this document.                             including on the First Amendment, the
                                                    manufacturers/processors × 0.5 = 555),                                                                        next phase of the research includes the
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    will get recertified. We estimate that it                                                                     study proposed here, which is an effort
                                                                                                            Jonalynn Capezzuto, Office of
                                                    will take each manufacturer/processor                                                                         by FDA to collect data concerning
                                                                                                            Operations, Food and Drug
                                                    about 21 hours to complete the                                                                                revised textual warning statements for
                                                                                                            Administration, Three White Flint
                                                    certification process for a total of 11,655
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                                                                                                            North, 10A63, 11601 Landsdown St.,                    use with new images as part of cigarette
                                                    burden hours (555 manufacturers/                                                                              graphic health warnings, and their
                                                                                                            North Bethesda, MD 20852, 301–796–
                                                    processors × 21 hours).                                                                                       potential impact on public
                                                                                                            3794, PRAStaff@fda.hhs.gov.
                                                       FDA expects that, each year,                                                                               understanding of the risks associated
                                                    approximately 100 manufacturers/                        SUPPLEMENTARY INFORMATION:    In                      with the use of cigarettes.
                                                    processors will need to submit an                       compliance with 44 U.S.C. 3507, FDA                      As currently proposed, this
                                                    occasional update and each                              has submitted the following proposed                  Experimental Study on Warning
                                                    manufacturer/processor will require 0.5                 collection of information to OMB for                  Statements for Cigarette Graphic Health
                                                    hours to prepare a communication to                     review and clearance.                                 Warnings is a voluntary online


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Document Created: 2018-10-24 14:19:37
Document Modified: 2018-10-24 14:19:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by November 20, 2017.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation82 FR 43761 

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