82_FR_44605 82 FR 44422 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Third Party Disclosure and Recordkeeping Requirements for Reportable Food

82 FR 44422 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Third Party Disclosure and Recordkeeping Requirements for Reportable Food

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44422-44424
FR Document2017-20283

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

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44422-44424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20283]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0501]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Third Party 
Disclosure and Recordkeeping Requirements for Reportable Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by October 
23, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0643. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

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

Third Party Disclosure and Recordkeeping Requirements for Reportable 
Food--21 U.S.C. 350f

OMB Control Number 0910-0643--Extension

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended 
by the Food and Drug Administration Amendments Act of 2007 (FDAAA) 
(Pub. L. 110-85), requires the establishment of a Reportable Food 
Registry (the Registry) by which instances of reportable food must be 
submitted to FDA by responsible parties and may be submitted by public 
health officials. Section 417 of the FD&C Act (21 U.S.C. 350f) defines 
``reportable food'' as an ``article of food (other than infant formula) 
for which there is a reasonable probability that the use of, or 
exposure to, such article of food will cause serious adverse health 
consequences or death to humans or animals.'' (Section 417(a)(2) of the 
FD&C Act.) We believe that the most efficient and cost effective means 
to implement the Registry is by utilizing our electronic Safety 
Reporting Portal. The information collection provisions associated with 
the submission of reportable food reports has been approved under OMB 
control number 0910-0643.
    In conjunction with the reportable foods requirements, section 417 
of the FD&C Act also establishes third party disclosure and 
recordkeeping burdens. Specifically, we may require the responsible 
party to notify the immediate previous source(s) and/or immediate 
subsequent recipient(s) of a reportable food (section 417(d)(6)(B)(i) 
to (ii) of the FD&C Act). Similarly, we may also require the 
responsible party that is notified (i.e., the immediate previous source 
and/or immediate subsequent recipient) to notify their own immediate 
previous source(s) and/or immediate subsequent recipient(s) of a 
reportable food (section 417(d)(7)(C)(i) to (ii) of the FD&C Act).
    Notification to the immediate previous source(s) and immediate 
subsequent recipient(s) of the article of food may be accomplished by 
electronic communication methods such as email, fax, or text messaging 
or by telegrams, mailgrams, or first-class letters. Notification may 
also be accomplished by telephone call or other personal contacts but 
we recommend that such notifications also be confirmed by one of the 
previous methods and/or documented in an appropriate manner. We may 
require that the notification include any or all of the following data 
elements: (1) The date on which the article of food was determined to 
be a reportable food; (2) a description of the article of food 
including the quantity or amount; (3) the extent and nature of the 
adulteration; (4) the results of any investigation of the cause of the 
adulteration if it may have originated with the responsible party, if 
known; (5) the disposition of the article of food, when known; (6) 
product information typically found on packaging including product 
codes, use-by dates, and the names of manufacturers, packers, or 
distributors sufficient to identify the article of food; (7) contact 
information for the responsible party; (8) contact information for 
parties directly linked in the supply chain and notified under section 
417(d)(6)(B) or 417(d)(7)(C) of the FD&C Act, as applicable; (9) the 
information required by FDA to be included in the notification provided 
by the responsible party involved under section 417(d)(6)(B) or 
417(d)(7)(C) of the FD&C Act or required to report under section 
417(d)(7)(A) of the FD&C Act; and (10) the unique number described in 
section 417(d)(4) of the FD&C Act (section 417(d)(6)(B)(iii)(I), 
(d)(7)(C)(iii)(I), and (e) of the FD&C Act). We may also require that 
the notification provides information about the actions that the 
recipient of the notification will perform and/or any other information 
we may require (section 417(d)(6)(B)(iii)(II) and (III), 
(d)(7)(C)(iii)(II) and (III) of the FD&C Act).
    Section 417(g) of the FD&C Act requires that responsible persons

[[Page 44423]]

maintain records related to reportable foods for a period of 2 years.
    The congressionally identified purpose of the Registry is to 
provide ``a reliable mechanism to track patterns of adulteration in 
food [which] would support efforts by the Food and Drug Administration 
to target limited inspection resources to protect the public health'' 
(FDAAA, section 1005(a)(4)). The reporting and recordkeeping 
requirements described previously are designed to enable FDA to quickly 
identify and track an article of food (other than infant formula) for 
which there is a reasonable probability that the use of or exposure to 
such article of food will cause serious adverse health consequences or 
death to humans or animals. We use the information collected under 
these provisions to help ensure that such products are quickly and 
efficiently removed from the market.
    As required under section 1005(f) of FDAAA and to assist industry, 
we have issued the guidance document entitled, ``Questions and Answers 
Regarding the Reportable Food Registry as Established by the Food and 
Drug Administration Amendments Act of 2007,'' which is available at 
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm180761.htm. The guidance 
contains questions and answers relating to the requirements under 
section 417 of the FD&C Act, including: (1) How, when, and where to 
submit reports to FDA; (2) who is required to submit reports to FDA; 
(3) what is required to be submitted to FDA; and (4) what may be 
required when providing notifications to other persons in the supply 
chain of an article of food. The guidance also refers to previously 
approved collections of information found in FDA regulations. The 
collections of information in questions 20 and 21 of the guidance have 
been approved under OMB control number 0910-0249.
    Description of Respondents: Mandatory respondents to this 
collection of information are the owners, operators, or agents in 
charge of a domestic or foreign facility engaged in manufacturing, 
processing, packing, or holding food for consumption in the United 
States (``responsible parties'') who have information on a reportable 
food. Voluntary respondents to this collection of information are 
Federal, State, and local public health officials who have information 
on a reportable food.
    In the Federal Register of June 7, 2017 (82 FR 26489), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    We estimate the burden of this collection of information as 
follows:

                                               Table 1--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
              Activity/section                  Number of      disclosures    Total annual          Average burden per disclosure           Total hours
                                               respondents   per respondent    disclosures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notifying immediate previous source of the            1,200               1           1,200  0.6 (36 minutes)...........................             720
 article of food under section
 417(d)(6)(B)(i) of the FD&C Act (mandatory
 reporters only).
Notifying immediate subsequent recipient of           1,200               1           1,200  0.6 (36 minutes)...........................             720
 the article of food under section
 417(d)(6)(B)(ii) of the FD&C Act
 (mandatory reporters only).
Notifying immediate previous source of the                1           1,200         0.6 (36  720........................................
 article of food under section                                                     minutes)
 417(d)(7)(C)(i) of the FD&C Act (mandatory
 reporters only).
Notifying immediate subsequent recipient of           1,200               1           1,200  0.6 (36 minutes)...........................             720
 the article of food under section
 417(d)(7)(C)(ii) of the FD&C Act
 (mandatory reporters only).
                                            ------------------------------------------------                                             ---------------
    Total..................................  ..............  ..............  ..............  ...........................................           2,880
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Third Party Disclosure: We estimate that approximately 1,200 
reportable food events with mandatory reporters will occur annually. 
Based on past FDA experiences, we estimate that we could receive 200 to 
1,200 ``reportable'' food reports annually from 200 to 1,200 mandatory 
and voluntary users of the electronic reporting system. We utilized the 
upper-bound estimate of 1,200 for these calculations.
    We estimate that notifying the immediate previous source(s) will 
take 0.6 hours per reportable food and notifying the immediate 
subsequent recipient(s) will take 0.6 hours per reportable food. We 
also estimate that it will take 0.6 hours for the immediate previous 
source and/or the immediate subsequent recipient to also notify their 
immediate previous source(s) and/or immediate subsequent recipient(s). 
The Agency bases its estimate on its experience with mandatory and 
voluntary reports submitted to FDA.
    Although it is not mandatory under FDAAA, section 1005, that 
responsible persons notify the sources and recipients of instances of 
reportable food, for purposes of the burden estimate we are assuming 
FDA would exercise its authority and require such notifications in all 
such instances for mandatory reporters. This notification burden will 
not affect voluntary reporters of reportable food events. Therefore, we 
estimate that the total burden of notifying the immediate previous 
source(s) and immediate subsequent recipient(s) under section 
417(d)(6)(B)(i) and (ii), (d)(7)(C)(i) and (ii) of the FD&C Act for 
1,200 reportable foods will be 2,880 hours annually (1,200 x 0.6 hours) 
+ (1,200 x 0.6 hours) + (1,200 x 0.6 hours) + (1,200 x 0.6 hours). This 
annual burden is shown in table 1.

[[Page 44424]]



                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
              Activity/section                  Number of      records per    Total annual         Average burden per recordkeeping         Total hours
                                              recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance of reportable food records                1,200               1           1,200  0.25 (15 minutes)..........................             300
 under section 417(g) of the FD&C Act--
 mandatory reports.
Maintenance of reportable food records                    4               1               4  0.25 (15 minutes)..........................               1
 under section 417(g) of the FD&C Act--
 voluntary reports.
                                            ------------------------------------------------                                             ---------------
    Total..................................  ..............  ..............  ..............  ...........................................             301
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Recordkeeping: As noted previously, section 417(g) of the FD&C Act 
requires that responsible persons maintain records related to 
reportable foods reports and notifications under section 417 of the 
FD&C Act for a period of 2 years. Based on past FDA experiences, we 
estimate that each mandatory report and its associated notifications 
will require 30 minutes of recordkeeping for the 2-year period, or 15 
minutes per record per year. The annual recordkeeping burden for 
mandatory reportable food reports and their associated notifications is 
thus estimated to be 300 hours (1,200 x 0.25 hours).
    We do not expect that records will always be kept in relation to 
voluntary reportable food reports. Therefore, we estimate that records 
will be kept for four voluntary reports we expect to receive annually. 
The recordkeeping burden associated with voluntary reports is thus 
estimated to be 1 hour annually (4 x 0.25 hours). The estimated total 
annual recordkeeping burden will be 301 hours annually (1,200 x 0.25 
hours) + (4 x 0.25 hours). This annual burden is shown in table 2.

    Dated: September 19, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-20283 Filed 9-21-17; 8:45 am]
 BILLING CODE 4164-01-P



     44422                       Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

        We base our estimate on our review                   DATES:  Fax written comments on the                   responsible party to notify the
     of the certification requests received                  collection of information by October 23,              immediate previous source(s) and/or
     over the past 3 fiscal years (FY). The                  2017.                                                 immediate subsequent recipient(s) of a
     annual burden estimate for this                         ADDRESSES: To ensure that comments on                 reportable food (section 417(d)(6)(B)(i)
     information collection is 3,536 hours.                  the information collection are received,              to (ii) of the FD&C Act). Similarly, we
     The estimated reporting burden for this                 OMB recommends that written                           may also require the responsible party
     information collection is 1,655 hours                   comments be faxed to the Office of                    that is notified (i.e., the immediate
     and the estimated recordkeeping burden                  Information and Regulatory Affairs,                   previous source and/or immediate
     for this information collection is 1,881                OMB, Attn: FDA Desk Officer, Fax: 202–                subsequent recipient) to notify their
     hours. From FY 2014 to FY 2016, we                      395–7285, or emailed to oira_                         own immediate previous source(s) and/
     processed an average of 7,524 responses                 submission@omb.eop.gov. All                           or immediate subsequent recipient(s) of
     (requests for certification of batches of               comments should be identified with the                a reportable food (section 417(d)(7)(C)(i)
     color additives) per year. There were 38                OMB control number 0910–0643. Also                    to (ii) of the FD&C Act).
     different respondents, corresponding to                 include the FDA docket number found                      Notification to the immediate
     an average of approximately 198                         in brackets in the heading of this                    previous source(s) and immediate
     responses from each respondent per                      document.                                             subsequent recipient(s) of the article of
     year. Using information from industry                                                                         food may be accomplished by electronic
                                                             FOR FURTHER INFORMATION CONTACT:    Ila               communication methods such as email,
     personnel, we estimate that an average
                                                             S. Mizrachi, Office of Operations, Food               fax, or text messaging or by telegrams,
     of 0.22 hour per response is required for
                                                             and Drug Administration, Three White                  mailgrams, or first-class letters.
     reporting (preparing certification
                                                             Flint North, 10A–12M, 11601                           Notification may also be accomplished
     requests and accompanying samples)
                                                             Landsdown St., North Bethesda, MD                     by telephone call or other personal
     and an average of 0.25 hour per
                                                             20852, 301–796–7726, PRAStaff@                        contacts but we recommend that such
     response is required for recordkeeping.
                                                             fda.hhs.gov.                                          notifications also be confirmed by one
        FDA’s web-based Color Certification
     information system allows submitters to                 SUPPLEMENTARY INFORMATION:    In                      of the previous methods and/or
     request color certification online, follow              compliance with 44 U.S.C. 3507, FDA                   documented in an appropriate manner.
     their submissions through the process,                  has submitted the following proposed                  We may require that the notification
     and obtain information on account                       collection of information to OMB for                  include any or all of the following data
     status. The system sends back the                       review and clearance.                                 elements: (1) The date on which the
     certification results electronically,                                                                         article of food was determined to be a
                                                             Third Party Disclosure and                            reportable food; (2) a description of the
     allowing submitters to sell their                       Recordkeeping Requirements for
     certified color before receiving hardcopy                                                                     article of food including the quantity or
                                                             Reportable Food—21 U.S.C. 350f                        amount; (3) the extent and nature of the
     certificates. Any delays in the system
     result only from shipment of color                      OMB Control Number 0910–0643—                         adulteration; (4) the results of any
     additive samples to FDA’s Office of                     Extension                                             investigation of the cause of the
     Cosmetics and Colors for analysis.                                                                            adulteration if it may have originated
                                                               The Federal Food, Drug, and Cosmetic                with the responsible party, if known; (5)
       Dated: September 15, 2017.                            Act (the FD&C Act), as amended by the                 the disposition of the article of food,
     Anna K. Abram,                                          Food and Drug Administration                          when known; (6) product information
     Deputy Commissioner for Policy, Planning,               Amendments Act of 2007 (FDAAA)                        typically found on packaging including
     Legislation, and Analysis.                              (Pub. L. 110–85), requires the                        product codes, use-by dates, and the
     [FR Doc. 2017–20245 Filed 9–21–17; 8:45 am]             establishment of a Reportable Food                    names of manufacturers, packers, or
     BILLING CODE 4164–01–P
                                                             Registry (the Registry) by which                      distributors sufficient to identify the
                                                             instances of reportable food must be                  article of food; (7) contact information
                                                             submitted to FDA by responsible parties               for the responsible party; (8) contact
     DEPARTMENT OF HEALTH AND                                and may be submitted by public health                 information for parties directly linked in
     HUMAN SERVICES                                          officials. Section 417 of the FD&C Act                the supply chain and notified under
                                                             (21 U.S.C. 350f) defines ‘‘reportable                 section 417(d)(6)(B) or 417(d)(7)(C) of
     Food and Drug Administration                            food’’ as an ‘‘article of food (other than            the FD&C Act, as applicable; (9) the
                                                             infant formula) for which there is a                  information required by FDA to be
     [Docket No. FDA–2009–N–0501]                            reasonable probability that the use of, or            included in the notification provided by
     Agency Information Collection                           exposure to, such article of food will                the responsible party involved under
     Activities; Submission for Office of                    cause serious adverse health                          section 417(d)(6)(B) or 417(d)(7)(C) of
     Management and Budget Review;                           consequences or death to humans or                    the FD&C Act or required to report
     Comment Request; Third Party                            animals.’’ (Section 417(a)(2) of the FD&C             under section 417(d)(7)(A) of the FD&C
     Disclosure and Recordkeeping                            Act.) We believe that the most efficient              Act; and (10) the unique number
     Requirements for Reportable Food                        and cost effective means to implement                 described in section 417(d)(4) of the
                                                             the Registry is by utilizing our                      FD&C Act (section 417(d)(6)(B)(iii)(I),
     AGENCY:    Food and Drug Administration,                electronic Safety Reporting Portal. The               (d)(7)(C)(iii)(I), and (e) of the FD&C Act).
     HHS.                                                    information collection provisions                     We may also require that the
     ACTION:   Notice.                                       associated with the submission of                     notification provides information about
                                                             reportable food reports has been                      the actions that the recipient of the
     SUMMARY:   The Food and Drug                            approved under OMB control number                     notification will perform and/or any
     Administration (FDA) is announcing                      0910–0643.                                            other information we may require
     that a proposed collection of                             In conjunction with the reportable                  (section 417(d)(6)(B)(iii)(II) and (III),
     information has been submitted to the                   foods requirements, section 417 of the                (d)(7)(C)(iii)(II) and (III) of the FD&C
     Office of Management and Budget                         FD&C Act also establishes third party                 Act).
     (OMB) for review and clearance under                    disclosure and recordkeeping burdens.                    Section 417(g) of the FD&C Act
     the Paperwork Reduction Act of 1995.                    Specifically, we may require the                      requires that responsible persons


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                                         Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                                                                             44423

     maintain records related to reportable                                      As required under section 1005(f) of                                      information in questions 20 and 21 of
     foods for a period of 2 years.                                           FDAAA and to assist industry, we have                                        the guidance have been approved under
       The congressionally identified                                         issued the guidance document entitled,                                       OMB control number 0910–0249.
     purpose of the Registry is to provide ‘‘a                                ‘‘Questions and Answers Regarding the                                          Description of Respondents:
     reliable mechanism to track patterns of                                  Reportable Food Registry as Established                                      Mandatory respondents to this
     adulteration in food [which] would                                       by the Food and Drug Administration                                          collection of information are the
     support efforts by the Food and Drug                                     Amendments Act of 2007,’’ which is                                           owners, operators, or agents in charge of
     Administration to target limited                                         available at https://www.fda.gov/Food/                                       a domestic or foreign facility engaged in
     inspection resources to protect the                                      GuidanceRegulation/Guidance                                                  manufacturing, processing, packing, or
     public health’’ (FDAAA, section                                          DocumentsRegulatoryInformation/                                              holding food for consumption in the
     1005(a)(4)). The reporting and                                           ucm180761.htm. The guidance contains                                         United States (‘‘responsible parties’’)
     recordkeeping requirements described                                     questions and answers relating to the                                        who have information on a reportable
     previously are designed to enable FDA                                    requirements under section 417 of the                                        food. Voluntary respondents to this
     to quickly identify and track an article                                 FD&C Act, including: (1) How, when,                                          collection of information are Federal,
     of food (other than infant formula) for                                  and where to submit reports to FDA; (2)                                      State, and local public health officials
     which there is a reasonable probability                                  who is required to submit reports to                                         who have information on a reportable
     that the use of or exposure to such                                      FDA; (3) what is required to be                                              food.
     article of food will cause serious adverse                               submitted to FDA; and (4) what may be                                          In the Federal Register of June 7, 2017
     health consequences or death to humans                                   required when providing notifications                                        (82 FR 26489), FDA published a 60-day
     or animals. We use the information                                       to other persons in the supply chain of                                      notice requesting public comment on
     collected under these provisions to help                                 an article of food. The guidance also                                        the proposed collection of information.
     ensure that such products are quickly                                    refers to previously approved                                                No comments were received.
     and efficiently removed from the                                         collections of information found in FDA                                        We estimate the burden of this
     market.                                                                  regulations. The collections of                                              collection of information as follows:

                                                    TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                Number of
                                                                                     Number of                  disclosures               Total annual                   Average burden
                              Activity/section                                                                                                                                                              Total hours
                                                                                    respondents                     per                   disclosures                     per disclosure
                                                                                                                respondent

     Notifying immediate previous source of the article                                           1,200                            1                   1,200        0.6 (36 minutes) ..........                      720
       of food under section 417(d)(6)(B)(i) of the
       FD&C Act (mandatory reporters only).
     Notifying immediate subsequent recipient of the                                              1,200                             1                  1,200        0.6 (36 minutes) ..........                      720
       article of food under section 417(d)(6)(B)(ii) of
       the FD&C Act (mandatory reporters only).
     Notifying immediate previous source of the article                                                  1                  1,200                   0.6 (36         720.
       of food under section 417(d)(7)(C)(i) of the                                                                                                minutes)
       FD&C Act (mandatory reporters only).
     Notifying immediate subsequent recipient of the                                              1,200                             1                  1,200        0.6 (36 minutes) ..........                      720
       article of food under section 417(d)(7)(C)(ii) of
       the FD&C Act (mandatory reporters only).

          Total ................................................................   ........................   ........................   ........................   .....................................          2,880
        1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


       Third Party Disclosure: We estimate                                    reportable food. We also estimate that it                                    notifications in all such instances for
     that approximately 1,200 reportable                                      will take 0.6 hours for the immediate                                        mandatory reporters. This notification
     food events with mandatory reporters                                     previous source and/or the immediate                                         burden will not affect voluntary
     will occur annually. Based on past FDA                                   subsequent recipient to also notify their                                    reporters of reportable food events.
     experiences, we estimate that we could                                   immediate previous source(s) and/or                                          Therefore, we estimate that the total
     receive 200 to 1,200 ‘‘reportable’’ food                                 immediate subsequent recipient(s). The                                       burden of notifying the immediate
     reports annually from 200 to 1,200                                       Agency bases its estimate on its                                             previous source(s) and immediate
     mandatory and voluntary users of the                                     experience with mandatory and                                                subsequent recipient(s) under section
     electronic reporting system. We utilized                                 voluntary reports submitted to FDA.                                          417(d)(6)(B)(i) and (ii), (d)(7)(C)(i) and
     the upper-bound estimate of 1,200 for                                      Although it is not mandatory under
                                                                                                                                                           (ii) of the FD&C Act for 1,200 reportable
     these calculations.                                                      FDAAA, section 1005, that responsible
                                                                                                                                                           foods will be 2,880 hours annually
       We estimate that notifying the                                         persons notify the sources and
     immediate previous source(s) will take                                   recipients of instances of reportable                                        (1,200 × 0.6 hours) + (1,200 × 0.6 hours)
     0.6 hours per reportable food and                                        food, for purposes of the burden                                             + (1,200 × 0.6 hours) + (1,200 × 0.6
     notifying the immediate subsequent                                       estimate we are assuming FDA would                                           hours). This annual burden is shown in
     recipient(s) will take 0.6 hours per                                     exercise its authority and require such                                      table 1.




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     44424                               Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

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

     Maintenance of reportable food records under                                                 1,200                            1                   1,200        0.25 (15 minutes) ........                       300
      section 417(g) of the FD&C Act—mandatory re-
      ports.
     Maintenance of reportable food records under                                                        4                         1                           4    0.25 (15 minutes) ........                            1
      section 417(g) of the FD&C Act—voluntary re-
      ports.

          Total ................................................................   ........................   ........................   ........................   .....................................            301
        1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


       Recordkeeping: As noted previously,                                    ACTION:       Notice.                                                        significant services directly to the
     section 417(g) of the FD&C Act requires                                                                                                               public’’ to ‘‘survey customers to
     that responsible persons maintain                                        SUMMARY:   The Food and Drug                                                 determine the kind and quality of
     records related to reportable foods                                      Administration (FDA or we) is
                                                                                                                                                           services they want and their level of
     reports and notifications under section                                  announcing that a proposed collection
                                                                              of information has been submitted to the                                     satisfaction with existing services.’’ FDA
     417 of the FD&C Act for a period of 2                                                                                                                 is seeking OMB clearance to conduct a
     years. Based on past FDA experiences,                                    Office of Management and Budget
                                                                              (OMB) for review and clearance under                                         series of surveys to implement
     we estimate that each mandatory report                                                                                                                Executive Order 12862. Participation in
     and its associated notifications will                                    the Paperwork Reduction Act of 1995.
                                                                              DATES: Fax written comments on the                                           the surveys is voluntary. This request
     require 30 minutes of recordkeeping for
                                                                              collection of information by October 23,                                     covers customer/partner service surveys
     the 2-year period, or 15 minutes per
                                                                              2017.                                                                        of regulated entities, such as food
     record per year. The annual
     recordkeeping burden for mandatory                                       ADDRESSES: To ensure that comments on                                        processors; cosmetic drug, biologic and
     reportable food reports and their                                        the information collection are received,                                     medical device manufacturers;
     associated notifications is thus                                         OMB recommends that written                                                  consumers; and health professionals.
     estimated to be 300 hours (1,200 × 0.25                                  comments be faxed to the Office of                                           The request also covers ‘‘partner’’ (State
     hours).                                                                  Information and Regulatory Affairs,                                          and local governments) customer
       We do not expect that records will                                     OMB, Attn: FDA Desk Officer, Fax: 202–                                       service surveys.
     always be kept in relation to voluntary                                  395–7285, or emailed to oira_                                                   FDA will use the information from
     reportable food reports. Therefore, we                                   submission@omb.eop.gov. All                                                  these surveys to identify strengths and
     estimate that records will be kept for                                   comments should be identified with the                                       weaknesses in service to customers/
     four voluntary reports we expect to                                      OMB control number 0910–0360. Also                                           partners and to make improvements.
     receive annually. The recordkeeping                                      include the FDA docket number found                                          The surveys will measure timeliness,
     burden associated with voluntary                                         in brackets in the heading of this
                                                                                                                                                           appropriateness and accuracy of
     reports is thus estimated to be 1 hour                                   document.
                                                                                                                                                           information, and courtesy and problem
     annually (4 × 0.25 hours). The estimated                                 FOR FURTHER INFORMATION CONTACT:
     total annual recordkeeping burden will                                                                                                                resolution in the context of individual
                                                                              Amber Sanford, Office of Operations,                                         programs.
     be 301 hours annually (1,200 × 0.25                                      Food and Drug Administration, Three
     hours) + (4 × 0.25 hours). This annual                                   White Flint North, 10A–12M, 11601                                               FDA estimates conducting 15
     burden is shown in table 2.                                              Landsdown St., North Bethesda, MD                                            customer/partner service surveys per
       Dated: September 19, 2017.                                             20852, 301–796–8867, PRAStaff@                                               year, each requiring an average of 15
     Leslie Kux,                                                              fda.hhs.gov.                                                                 minutes for review and completion. We
     Associate Commissioner for Policy.                                                                                                                    estimate respondents to these surveys to
                                                                              SUPPLEMENTARY INFORMATION: In
                                                                                                                                                           be between 100 and 20,000 customers.
     [FR Doc. 2017–20283 Filed 9–21–17; 8:45 am]                              compliance with 44 U.S.C. 3507, FDA
     BILLING CODE 4164–01–P                                                   has submitted the following proposed                                         Some of these surveys will be repeats of
                                                                              collection of information to OMB for                                         earlier surveys for purposes of
                                                                              review and clearance.                                                        monitoring customer/partner service
     DEPARTMENT OF HEALTH AND                                                                                                                              and developing long-term data.
     HUMAN SERVICES                                                           Customer/Partner Service Surveys
                                                                                                                                                              In the Federal Register of June 7, 2017
                                                                              OMB Control Number 0910–0360—                                                (82 FR 26497), FDA published a 60-day
     Food and Drug Administration                                             Extension                                                                    notice requesting public comment on
     [Docket No. FDA–2011–N–0019]                                                Under section 903 of the Federal                                          the proposed collection of information.
                                                                              Food, Drug, and Cosmetic Act (21 U.S.C.                                      No comments were received.
     Agency Information Collection
                                                                              393), FDA is authorized to conduct                                              FDA estimates the burden of this
     Activities; Submission for Office of
                                                                              research and public information                                              collection of information as follows:
     Management and Budget Review;
                                                                              programs about regulated products and
     Comment Request; Customer/Partner
                                                                              responsibilities of the Agency.
     Service Surveys
                                                                              Executive Order 12862, entitled,
     AGENCY:      Food and Drug Administration,                               ‘‘Setting Customer Service Standard,’’
     HHS.                                                                     directs Federal Agencies that ‘‘provide




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Document Created: 2017-09-22 01:52:27
Document Modified: 2017-09-22 01:52:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by October 23, 2017.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 44422 

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