82_FR_47729 82 FR 47533 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Temporary Marketing Permit Applications

82 FR 47533 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Temporary Marketing Permit Applications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47533-47534
FR Document2017-22053

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 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47533-47534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22053]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0424]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Temporary Marketing 
Permit Applications

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 
November 13, 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 oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0133. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Ila Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7729, 
PRAStaff@fda.hhs.gov.

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.

Temporary Marketing Permit Applications--21 CFR 130.17(c) and (i)

OMB Control Number 0910-0133--Extension

    This information collection supports Agency regulations. 
Specifically, section 401 of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 341) directs FDA to issue regulations 
establishing definitions and standards of identity for food ``whenever 
. . . such action will promote honesty and fair dealing in the interest 
of consumers . . . .'' Under section 403(g) of the FD&C Act (21 U.S.C. 
343(g)), a food that is subject to a definition and standard of 
identity prescribed by regulation is misbranded if it does not conform 
to such definition and standard of identity. Section 130.17 (21 CFR 
130.17) provides for the issuance by FDA of temporary marketing permits 
that enable the food industry to test consumer acceptance and measure 
the technological and commercial feasibility in interstate commerce of 
experimental packs of food that deviate from applicable definitions and 
standards of identity. Section 130.17(c) enables the Agency to monitor 
the manufacture, labeling, and distribution of experimental packs of 
food that deviate from applicable definitions and standards of 
identity. The information so obtained can be used in support of a 
petition to establish or amend the applicable definition or standard of 
identity to provide for the variations. Section 130.17(i) specifies the 
information that a firm must submit to FDA to obtain an extension of a 
temporary marketing permit.
    In the Federal Register of June 15, 2017 (82 FR 27489), we 
published a 60-day notice requesting public comment on the proposed 
extension of this collection of information. No comments were received.
    We therefore estimate the burden of this collection of information 
as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
     Activity/21 CFR section         Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
130.17(c)--Request for temporary              13               2              26              25             650
 marketing permit...............
130.17(i)--Request to extend                   1               2               2               2               4
 marketing permit...............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             654
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 47534]]

    The estimated number of temporary marketing permit applications and 
hours per response is an average based on our experience with 
applications received for the past 3 years, and information from firms 
that have submitted recent requests for temporary marketing permits. 
Based on this information, we estimate that there will be, on average, 
approximately 13 firms submitting requests for 2 temporary marketing 
permits per year over the next 3 years.
    Thus, we estimate that 13 respondents will submit 2 requests for 
temporary marketing permits annually pursuant to Sec.  130.17(c). The 
estimated number of respondents for Sec.  130.17(i) is minimal because 
this section is seldom used by the respondents; therefore, the Agency 
estimates that there will be one or fewer respondents annually with two 
or fewer requests for extension of the marketing permit under Sec.  
130.17(i). The estimated number of hours per response is an average 
based on the Agency's experience and information from firms that have 
submitted recent requests for temporary marketing permits. We estimate 
that 13 respondents each will submit 2 requests for temporary marketing 
permits under Sec.  130.17(c) and that it will take a respondent 25 
hours per request to comply with the requirements of that section, for 
a total of 650 hours. We estimate that one respondent will submit two 
requests for extension of its temporary marketing permits under Sec.  
130.17(i) and that it will take a respondent 2 hours per request to 
comply with the requirements of that section, for a total of 4 hours.

    Dated: October 6, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-22053 Filed 10-11-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                                        Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices                                                                                              47533

                                                    submitting requests for reconsideration,                                  information collections, FDA’s Center                                       reconsideration, we estimate it will take
                                                    including details on the content and                                      for Drug Evaluation and Research will                                       an average of 750 total hours annually
                                                    format of the submission. Respondents                                     receive approximately 150 requests for                                      for respondents to prepare and submit
                                                    to the collection of information are                                      reconsideration annually from 75                                            requests for reconsideration. The burden
                                                    applicants of ANDAs. Based on                                             respondents. Because we estimate it will                                    of the information collection, therefore,
                                                    available data with regard to similar                                     take 5 hours to prepare a request for                                       is estimated as follows:

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

                                                    Section IV: Procedures for Submitting and Responding to
                                                      a Request for Reconsideration ........................................                             75                          2                        150                          5                   750
                                                       1 There   are no capital or operating and maintenance costs associated with the collection of information.


                                                    III. Electronic Access                                                    DATES:  Fax written comments on the                                         identity for food ‘‘whenever . . . such
                                                      Persons with access to the Internet                                     collection of information by November                                       action will promote honesty and fair
                                                    may obtain the draft guidance at either                                   13, 2017.                                                                   dealing in the interest of consumers
                                                    https://www.fda.gov/Drugs/                                                ADDRESSES: To ensure that comments on                                       . . . .’’ Under section 403(g) of the
                                                    GuidanceCompliance                                                        the information collection are received,                                    FD&C Act (21 U.S.C. 343(g)), a food that
                                                    RegulatoryInformation/Guidances/                                          OMB recommends that written                                                 is subject to a definition and standard of
                                                    default.htm or https://www.regulations                                    comments be faxed to the Office of                                          identity prescribed by regulation is
                                                    .gov.                                                                     Information and Regulatory Affairs,                                         misbranded if it does not conform to
                                                                                                                              OMB, Attn: FDA Desk Officer, Fax: 202–                                      such definition and standard of identity.
                                                      Dated: October 5, 2017.                                                                                                                             Section 130.17 (21 CFR 130.17) provides
                                                                                                                              395–7285, or emailed to oira_
                                                    Anna K. Abram,                                                                                                                                        for the issuance by FDA of temporary
                                                                                                                              submission@omb.eop.gov. All
                                                    Deputy Commissioner for Policy, Planning,                                 comments should be identified with the                                      marketing permits that enable the food
                                                    Legislation, and Analysis.                                                                                                                            industry to test consumer acceptance
                                                                                                                              OMB control number 0910–0133. Also
                                                    [FR Doc. 2017–22049 Filed 10–11–17; 8:45 am]                              include the FDA docket number found                                         and measure the technological and
                                                    BILLING CODE 4164–01–P                                                    in brackets in the heading of this                                          commercial feasibility in interstate
                                                                                                                              document.                                                                   commerce of experimental packs of food
                                                                                                                                                                                                          that deviate from applicable definitions
                                                    DEPARTMENT OF HEALTH AND                                                  FOR FURTHER INFORMATION CONTACT:   Ila                                      and standards of identity. Section
                                                    HUMAN SERVICES                                                            Mizrachi, Office of Operations, Food                                        130.17(c) enables the Agency to monitor
                                                                                                                              and Drug Administration, Three White                                        the manufacture, labeling, and
                                                    Food and Drug Administration                                              Flint North, 10–12M, 11601 Landsdown                                        distribution of experimental packs of
                                                    [Docket No. FDA–2011–N–0424]                                              St., North Bethesda, MD 20852, 301–                                         food that deviate from applicable
                                                                                                                              796–7729, PRAStaff@fda.hhs.gov.                                             definitions and standards of identity.
                                                    Agency Information Collection                                             SUPPLEMENTARY INFORMATION: In                                               The information so obtained can be
                                                    Activities; Submission for Office of                                      compliance with 44 U.S.C. 3507, FDA                                         used in support of a petition to establish
                                                    Management and Budget Review;                                             has submitted the following proposed                                        or amend the applicable definition or
                                                    Comment Request; Temporary                                                collection of information to OMB for                                        standard of identity to provide for the
                                                    Marketing Permit Applications                                             review and clearance.                                                       variations. Section 130.17(i) specifies
                                                    AGENCY:      Food and Drug Administration,                                Temporary Marketing Permit                                                  the information that a firm must submit
                                                    HHS.                                                                      Applications—21 CFR 130.17(c) and (i)                                       to FDA to obtain an extension of a
                                                                                                                                                                                                          temporary marketing permit.
                                                    ACTION:     Notice.                                                       OMB Control Number 0910–0133—                                                  In the Federal Register of June 15,
                                                    SUMMARY:   The Food and Drug                                              Extension                                                                   2017 (82 FR 27489), we published a 60-
                                                    Administration (FDA) is announcing                                          This information collection supports                                      day notice requesting public comment
                                                    that a proposed collection of                                             Agency regulations. Specifically, section                                   on the proposed extension of this
                                                    information has been submitted to the                                     401 of the Federal Food, Drug, and                                          collection of information. No comments
                                                    Office of Management and Budget                                           Cosmetic Act (the FD&C Act) (21 U.S.C.                                      were received.
                                                    (OMB) for review and clearance under                                      341) directs FDA to issue regulations                                          We therefore estimate the burden of
                                                    the Paperwork Reduction Act of 1995.                                      establishing definitions and standards of                                   this collection of information as follows:

                                                                                                                 TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                             Number of                                              Average
                                                                                                                                                  Number of                                            Total annual
                                                                             Activity/21 CFR section                                                                       responses per                                             burden                 Total hours
                                                                                                                                                 respondents                                            responses
                                                                                                                                                                             respondent                                           per response

                                                    130.17(c)—Request for temporary marketing permit ..........                                                     13                          2                         26                         25               650
                                                    130.17(i)—Request to extend marketing permit ..................                                                  1                          2                          2                          2                 4

                                                         Total ..............................................................................   ........................   ........................   ........................   ........................             654
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.



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                                                    47534                       Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

                                                      The estimated number of temporary                     guidance provides information intended                those submitted as ‘‘Confidential
                                                    marketing permit applications and                       to assist tobacco product manufacturers,              Submissions,’’ publicly viewable at
                                                    hours per response is an average based                  distributors, and retailers in complying              https://www.regulations.gov or at the
                                                    on our experience with applications                     with the regulations prohibiting the                  Dockets Management Staff between 9
                                                    received for the past 3 years, and                      distribution of free samples of tobacco               a.m. and 4 p.m., Monday through
                                                    information from firms that have                        products.                                             Friday.
                                                    submitted recent requests for temporary                 DATES: The announcement of the                           • Confidential Submissions—To
                                                    marketing permits. Based on this                        guidance is published in the Federal                  submit a comment with confidential
                                                    information, we estimate that there will                Register on October 12, 2017.                         information that you do not wish to be
                                                    be, on average, approximately 13 firms
                                                                                                            ADDRESSES: You may submit either                      made publicly available, submit your
                                                    submitting requests for 2 temporary
                                                                                                            electronic or written comments on                     comments only as a written/paper
                                                    marketing permits per year over the next
                                                                                                            Agency guidances at any time as                       submission. You should submit two
                                                    3 years.
                                                      Thus, we estimate that 13 respondents                 follows:                                              copies total. One copy will include the
                                                    will submit 2 requests for temporary                                                                          information you claim to be confidential
                                                                                                            Electronic Submissions                                with a heading or cover note that states
                                                    marketing permits annually pursuant to
                                                    § 130.17(c). The estimated number of                      Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                    respondents for § 130.17(i) is minimal                  following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                    because this section is seldom used by                    • Federal eRulemaking Portal:                       Agency will review this copy, including
                                                    the respondents; therefore, the Agency                  https://www.regulations.gov. Follow the               the claimed confidential information, in
                                                    estimates that there will be one or fewer               instructions for submitting comments.                 its consideration of comments. The
                                                    respondents annually with two or fewer                  Comments submitted electronically,                    second copy, which will have the
                                                    requests for extension of the marketing                 including attachments, to https://                    claimed confidential information
                                                    permit under § 130.17(i). The estimated                 www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                    number of hours per response is an                      the docket unchanged. Because your                    for public viewing and posted on
                                                    average based on the Agency’s                           comment will be made public, you are                  https://www.regulations.gov. Submit
                                                    experience and information from firms                   solely responsible for ensuring that your             both copies to the Dockets Management
                                                    that have submitted recent requests for                 comment does not include any                          Staff. If you do not wish your name and
                                                    temporary marketing permits. We                         confidential information that you or a                contact information to be made publicly
                                                    estimate that 13 respondents each will                  third party may not wish to be posted,                available, you can provide this
                                                    submit 2 requests for temporary                         such as medical information, your or                  information on the cover sheet and not
                                                    marketing permits under § 130.17(c) and                 anyone else’s Social Security number, or              in the body of your comments and you
                                                    that it will take a respondent 25 hours                 confidential business information, such               must identify this information as
                                                    per request to comply with the                          as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                                    requirements of that section, for a total               that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                                    of 650 hours. We estimate that one                      information, or other information that                except in accordance with 21 CFR 10.20
                                                    respondent will submit two requests for                 identifies you in the body of your                    and other applicable disclosure law. For
                                                    extension of its temporary marketing                    comments, that information will be                    more information about FDA’s posting
                                                    permits under § 130.17(i) and that it will              posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                                    take a respondent 2 hours per request to                  • If you want to submit a comment                   FR 56469, September 18, 2015, or access
                                                    comply with the requirements of that                    with confidential information that you                the information at: https://www.gpo.gov/
                                                    section, for a total of 4 hours.                        do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                            public, submit the comment as a                       23389.pdf.
                                                      Dated: October 6, 2017.
                                                                                                            written/paper submission and in the
                                                    Anna K. Abram,                                                                                                   Docket: For access to the docket to
                                                                                                            manner detailed (see ‘‘Written/Paper
                                                    Deputy Commissioner for Policy, Planning,                                                                     read background documents or the
                                                                                                            Submissions’’ and ‘‘Instructions’’).
                                                    Legislation, and Analysis.                                                                                    electronic and written/paper comments
                                                    [FR Doc. 2017–22053 Filed 10–11–17; 8:45 am]            Written/Paper Submissions                             received, go to https://
                                                    BILLING CODE 4164–01–P                                    Submit written/paper submissions as                 www.regulations.gov and insert the
                                                                                                            follows:                                              docket number, found in brackets in the
                                                                                                              • Mail/Hand delivery/Courier (for                   heading of this document, into the
                                                    DEPARTMENT OF HEALTH AND                                written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                                    HUMAN SERVICES                                          Management Staff (HFA–305), Food and                  and/or go to the Dockets Management
                                                                                                            Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                                    Food and Drug Administration                                                                                  Rockville, MD 20852.
                                                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                    [Docket No. FDA–2017–D–0113]                              • For written/paper comments                           Submit written requests for single
                                                                                                            submitted to the Dockets Management                   copies of this guidance to the Center for
                                                    The Prohibition of Distributing Free                    Staff, FDA will post your comment, as                 Tobacco Products, Food and Drug
                                                    Samples of Tobacco Products;                            well as any attachments, except for                   Administration, Document Control
                                                    Guidance for Industry; Availability                     information submitted, marked and                     Center, Bldg. 71, Rm. G335, 10903 New
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    AGENCY:    Food and Drug Administration,                identified, as confidential, if submitted             Hampshire Ave., Silver Spring, MD
                                                    HHS.                                                    as detailed in ‘‘Instructions.’’                      20993–0002. Send one self-addressed
                                                    ACTION:   Notice of availability.                         Instructions: All submissions received              adhesive label to assist that office in
                                                                                                            must include the Docket No. FDA–                      processing your request or include a fax
                                                    SUMMARY:    The Food and Drug                           2017–D–0113 for ‘‘The Prohibition of                  number to which the guidance
                                                    Administration (FDA) is announcing the                  Distributing Free Samples of Tobacco                  document may be sent. See the
                                                    availability of a guidance for industry                 Products; Guidance for Industry;                      SUPPLEMENTARY INFORMATION section for
                                                    entitled ‘‘The Prohibition of Distributing              Availability.’’ Received comments will                information on electronic access to the
                                                    Free Samples of Tobacco Products.’’ The                 be placed in the docket and, except for               guidance.


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Document Created: 2018-10-25 10:06:12
Document Modified: 2018-10-25 10:06:12
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 November 13, 2017.
ContactIla Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7729, [email protected]
FR Citation82 FR 47533 

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