82_FR_4906 82 FR 4896 - Public Hearing: Strategic Partnerships To Enhance the Safety of Imported Foods: Capacity Building, Risk-Based Decisionmaking, Recognition of Commodity Food Control Programs, and Systems Recognition; Request for Comments

82 FR 4896 - Public Hearing: Strategic Partnerships To Enhance the Safety of Imported Foods: Capacity Building, Risk-Based Decisionmaking, Recognition of Commodity Food Control Programs, and Systems Recognition; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 10 (January 17, 2017)

Page Range4896-4899
FR Document2017-00821

The Food and Drug Administration (FDA or we) is announcing a public hearing regarding FDA initiatives for enhancing the safety of foods (for humans and animals) imported into the United States. The hearing will focus on partnerships to improve safety capabilities through capacity building; partnerships that incorporate information from private entities and foreign competent authorities to inform risk- based decisionmaking; partnerships that recognize commodity-specific export programs; and partnerships that recognize the robustness of a nation's entire food safety system. In addition, we are seeking information from a variety of viewpoints, including from competent authorities in other countries and from private entities, to help inform FDA regarding risk-based decisionmaking, commodity-specific export control programs in other countries, and systems recognition.

Federal Register, Volume 82 Issue 10 (Tuesday, January 17, 2017)
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4896-4899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00821]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-4662]


Public Hearing: Strategic Partnerships To Enhance the Safety of 
Imported Foods: Capacity Building, Risk-Based Decisionmaking, 
Recognition of Commodity Food Control Programs, and Systems 
Recognition; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing a 
public hearing regarding FDA initiatives for enhancing the safety of 
foods (for humans and animals) imported into the United States. The 
hearing will focus on partnerships to improve safety capabilities 
through capacity building; partnerships that incorporate information 
from private entities and foreign competent authorities to inform risk-
based decisionmaking; partnerships that recognize commodity-specific 
export programs; and partnerships that recognize the robustness of a 
nation's entire food safety system. In addition, we are seeking 
information from a variety of viewpoints, including from competent 
authorities in other countries and from private entities, to help 
inform FDA regarding risk-based decisionmaking, commodity-specific 
export control programs in other countries, and systems recognition.

DATES: See ``How to Participate in the Hearing'' in the SUPPLEMENTARY 
INFORMATION section of this document for dates and times of the public 
meetings, closing dates for advance registration, requesting special 
accommodations due to disability, closing date to submit comments to 
the docket, and other information regarding meeting participation.

ADDRESSES: You may submit comments as follows:

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): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, 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-2016-N-4662 for ``Public Hearing: Strategic Partnerships to Enhance 
the Safety of Imported Foods: Capacity Building, Risk-Based 
Decisionmaking, Recognition of Commodity Food Control Programs, and 
Systems Recognition.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review 
this copy, including the claimed confidential information, in our 
consideration of comments. The second copy, which will have the claimed 
confidential information redacted/blacked out, will be available for 
public viewing and posted on https://www.regulations.gov. Submit both 
copies to the Division of Dockets Management. 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: 
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    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 Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Wade Woolfolk, Food and Drug 
Administration, Center for Food Safety and Applied Nutrition (HFS-550), 
5001

[[Page 4897]]

Campus Dr., College Park, MD 20740, 240-402-6411, FAX: 301-436-2618, 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 30-31, 2011, we held a public hearing to discuss our use 
of international comparability assessments as a mechanism to help 
enhance the safety of imported foods (see ``Ensuring the Safety of 
Imported Foods and Animal Feed: Comparability of Food Safety Systems 
and Import Practices of Foreign Countries; Public Hearing; Request for 
Comments'' (76 FR 13638, March 14, 2011; available at https://www.regulations.gov, in docket FDA-2011-N-0135)). At the public hearing 
we presented information on our food safety capacity building efforts 
related to the FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-
353). We also held a public meeting on June 19, 2012, to discuss our 
comprehensive plan to expand the technical, scientific, and regulatory 
capacity of foreign governments and their respective food industries in 
countries that export foods to the United States (see ``International 
Capacity Building with Respect to Food Safety Public Meeting'' (77 FR 
30017, May 21, 2012; available at https://www.regulations.gov, in 
docket FDA-2011-N-0135)). This meeting invited discussion on the 
International Capacity Building plan development under FSMA. Following 
these discussions we issued the final International Capacity Building 
Plan in February 2013. See http://www.fda.gov/food/guidanceregulation/fsma/ucm301708.htm.
    FSMA has enabled us to better protect public health through new 
authorities to help ensure that imported foods meet the same safety 
standards as foods produced in the United States.
    In implementing FSMA, we recognize the importance of strengthening 
the existing collaborations among food safety regulators (U.S. Federal, 
State, local, territorial, tribal, and foreign) to achieve our public 
health goals. We continue to engage in a variety of partnerships that, 
collectively, are intended to enhance the safety of foods imported into 
the United States.
    At the public hearing that is the subject of this notice, we will 
provide an update on our food safety capacity building efforts, as well 
as additional updates and information on the approach we will use to 
help ensure the safety of imported foods. In addition, the public 
hearing will provide an opportunity for FDA to obtain testimony from 
diverse stakeholder groups as we seek to develop, expand, or refine key 
partnership activities.
    We seek input from a variety of perspectives on the following 
topics:
     How to expand performance measurement for FDA's capacity 
building activities to ensure that we collaborate effectively with 
other nations, multilateral organizations, donor organizations, and 
industry.
     How to operationalize the concept of ``same level of 
public health protection'' that is part of the rule on Foreign Supplier 
Verification Programs (FSVP) (80 FR 74226, November 27, 2015) and what 
types of partnerships facilitate application of this concept. (The FSVP 
regulation requires importers to implement FSVPs to provide adequate 
assurances that the importer's foreign suppliers produce food in 
compliance with processes and procedures, including risk-based 
preventive controls, that provide the same level of public health 
protection as those required under section 418 (concerning hazard 
analysis and preventive controls) or 419 (concerning produce safety) of 
the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as 
appropriate, and in compliance with sections 402 (concerning 
adulteration) and 403(w) (concerning misbranding regarding allergen 
labeling) of the FD&C Act.)
     Whether and how we should consider private standards in 
risk-based decisionmaking, including how other competent authorities 
use information, such as third-party certifications or other 
assurances, from private entities.
     Whether and how we should expand our systems recognition 
framework to include consideration of the recognition of commodity-
specific export control programs.
    The initiatives that will be discussed at the public hearing align 
with and support FSMA implementation. Day one of the hearing will seek 
input on partnerships to improve food safety capabilities in other 
countries, tools to inform FDA's risk based decisionmaking, and methods 
to assess the effectiveness of our capacity building efforts. We also 
seek input on whether and how best to incorporate input from private 
entities and other competent authorities into our risk-based 
decisionmaking framework. Day two will seek input on partnerships that 
recognize the robustness of commodity-specific export programs 
including export certification programs and whether and how we should 
consider such programs. In addition, we seek input on the 
implementation of the systems recognition program. Interested parties 
may submit comments, data, and supporting information on the issues 
described in part II of this document.

II. Purpose and Format of the Public Hearing

A. Day One of Hearing

1. Partnerships To Improve Food Safety Capabilities: International 
Capacity Building
    Section 305 of FSMA requires the Secretary of Health and Human 
Services to develop a comprehensive plan to expand the technical, 
scientific, and regulatory food safety capacity of foreign governments, 
and their respective food industries, from which foods are exported to 
the United States. This authority was delegated to FDA, and we 
developed an International Food Safety Capacity Building Plan (the 
Plan). The Plan gives us a strategic framework to expand the technical, 
scientific, and regulatory capacity of foreign governments and their 
food industries. We developed the Plan in consultation with many 
partners, such as officials from other parts of the U.S. government; 
foreign government officials; non-governmental organizations (NGOs) 
that represent consumer interests; food industry representatives; and 
others. We seek input on successful models for continuing capacity 
building to further implement the plan. At this hearing, we will seek 
comment on food safety capacity building and development and invite 
comment, particularly publications and data, on food safety performance 
monitoring regimes; how donor organizations minimize duplication and 
support leveraged partnerships; how providers of training programs 
assure affordable, accessible, and culturally specific information is 
available to various regions of the world; how development agencies 
interface with food industry supply chain management programs; and 
whether we and industry can leverage each other's efforts.
2. Partnerships To Incorporate Information From Competent Authorities 
and Private Entities To Inform Risk-Based Decisionmaking
    In the Federal Register of November 27, 2015 (80 FR 74570), we 
published a final rule entitled, ``Accreditation of Third-Party 
Certification Bodies To Conduct Food Safety Audits and To Issue 
Certifications.'' The final rule established a voluntary program for 
the accreditation of third-party certification bodies to conduct food 
safety audits of foreign food facilities and to issue food and facility 
certifications. The requirements in the final rule will help

[[Page 4898]]

ensure the competence and independence of the accreditation bodies and 
third-party certification bodies participating in the program. We are 
aware that other countries incorporate information from private 
entities into their regulatory decisionmaking. We are interested in 
learning more about the policies, practices, and programs used by 
foreign regulators to ensure the safety of food imported into their 
countries. We seek comment and examples on how other countries use 
information from private entities; how other countries ensure parity in 
audit, inspectional, verification, and overall oversight between 
domestic and import activities; and how transparency can be best 
achieved.

B. Day Two of Hearing

1. Partnerships That Recognize Commodity-Specific Exports and Programs
    We are interested in identifying successful models that recognize 
commodity specific food safety control systems (including export 
certification programs), how they are established, and how they 
operate.
    We seek comment and views on the best practices, strengths and 
weaknesses of commodity export programs or export certification 
systems; how commodity recognition programs factor into risk-based 
inspectional systems; and once adopted, how the programs are monitored 
over time.
2. Partnerships That Recognize the Robustness of the Entire Food Safety 
System: Systems Recognition
    FDA's systems recognition assessment process established in 2011 
has progressed from a pilot to a robust program that has resulted in 
signed arrangements with New Zealand's Ministry for Primary Industries 
(2012) and Canada's Canadian Food Inspection Agency (CFIA) and the 
Department of Health Canada (Health Canada) (2016). We seek comment on 
what indicators we should consider to determine whether the program 
meets expected outcomes and best practices on how to identify robust 
food safety systems.

III. Notice of Hearing Under Part 15

    The Commissioner of Food and Drugs (the Commissioner) is announcing 
that the public hearing will be held in accordance with part 15 (21 CFR 
part 15). The hearing will be conducted by a presiding officer(s), 
accompanied by FDA senior management and staff from the relevant 
centers/offices (FDA panelists/experts).
    Under Sec.  15.30(f), the hearing is informal, and the rules of 
evidence do not apply. We encourage interested parties to submit 
comments to the docket. We also have invited certain members of the 
public to participate as guest presenters. Only the presiding 
officer(s) and FDA panelists/experts may question any person during or 
at the conclusion of each presentation by the FDA and guest presenters 
(Sec.  15.30(e)). At their discretion, the presiding officer(s) may 
permit questions to be submitted from the audience for response by FDA 
or other persons attending the hearing (Sec.  15.30(e)). Finally, time 
permitting, stakeholders may be allowed to provide testimony at the 
hearing. Time will be limited to 2 minutes and requests to make an oral 
presentation must be written and received by February 8, 2017. Please 
include the details of your presentation when making your request. All 
testimony will be entered into the docket. Public hearings under part 
15 are subject to FDA's policy and procedures for electronic media 
coverage of FDA's public administrative proceedings (21 CFR part 10, 
subpart C) (Sec.  10.203(a)). Under Sec.  10.205, representatives of 
the electronic media may be permitted, subject to certain limitations, 
to videotape, film, or otherwise record FDA's public administrative 
proceedings, including presentations by participants. The hearing will 
be transcribed as stipulated in Sec.  15.30(b) (see part IV of this 
document). To the extent that the conditions for the hearing as 
described in this document conflict with any provisions set out in part 
15, this notice acts as a waiver of those provisions as specified in 
Sec.  15.30(h).
    Comments may also be submitted after the hearing. The docket will 
remain open for such comments until May 16, 2017.

IV. How To Participate in the Public Hearing

    Advance registration by submission of a notice of participation is 
necessary to ensure participation and will be accepted on a first-come, 
first-served basis.
    Notices of participation may be submitted electronically (see table 
1 of this document); FDA encourages the use of electronic means of 
advance registration. Notices of participation may also be submitted 
orally or by mail, fax, or email (see FOR FURTHER INFORMATION CONTACT). 
See table 1 of this document for the dates by which notices of 
participation must be submitted. A single copy of any notice of 
participation is sufficient.
    Table 1 of this document provides information on participation in 
the public meetings.

                                                  Table 1--Information on Participation in the Meeting
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Activity                          Date                       Electronic address                     Address            Other information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attend Public Hearing...............  February 14-15, 2017,    Please preregister at www.fda.gov/Food/    FDA Center for Food     Registration check-in
                                       from 9 a.m. to 5:00      NewsEvents/Workshops/Meetings/             Safety and Applied      begins at 8 a.m.
                                       p.m.                     Conferences/default.htm.                   Nutrition, Wiley
                                                                                                           Auditorium, 5001
                                                                                                           Campus Dr., College
                                                                                                           Park, MD 20740.
View Webcast........................  February 14-15, 2017,    Individuals who wish to participate by     We encourage you to     The Webcast will have
                                       from 9 a.m. to 5:00      Webcast are asked to preregister at        use electronic          closed captioning.
                                       p.m.                     www.fda.gov/Food/NewsEvents/               registration if
                                                                WorkshopsMeetings/Conferences/             possible.
                                                                default.htm.
Advance registration................  Register by February 8,  www.fda.gov/Food/NewsEvents/Workshops/     We encourage you to     There is no
                                       2017.                    Meetings Conferences/default.htm.          use electronic          registration fee for
                                                                                                           registration if         the public hearing.
                                                                                                           possible \1\.           Early registration is
                                                                                                                                   recommended because
                                                                                                                                   seating is
                                                                                                                                   limited.\1\

[[Page 4899]]

 
Request to make an oral presentation  Request by February 8,   Individuals who wish to make a public      See FOR FURTHER
                                       2017.                    comment during the designated times in     INFORMATION CONTACT.
                                                                the hearing are asked to submit request
                                                                and presentation at
                                                                [email protected].
Submitting either electronic or       Submit all other         https://www.regulations.gov..............  Division of Dockets     See ADDRESSES for
 written comments.                     comments by May 16,                                                 Management (HFA-305),   information on
                                       2017.                                                               Food and Drug           submitting comments.
                                                                                                           Administration, 5630
                                                                                                           Fishers Lane, Rm.
                                                                                                           1061, Rockville, MD
                                                                                                           20852.
Request special accommodations due    Request by February 8,   Wade Woolfolk, email:                      See FOR FURTHER
 to a disability.                      2017.                    [email protected].                 INFORMATION CONTACT.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Onsite registration will not be available at the meeting site.

V. Transcripts

    Please be advised that as soon as a transcript is available, it 
will be accessible at https://www.regulations.gov. It may be viewed at 
the Division of Dockets Management (see ADDRESSES). A transcript will 
also be available in either hardcopy or on CD-ROM, after submission of 
a Freedom of Information request. The Freedom of Information office 
address is available on FDA's Web site at http://www.fda.gov.

    Dated: January 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00821 Filed 1-13-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                4896                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                recommendations on how to accurately                    variety of viewpoints, including from                     Instructions: All submissions received
                                                use these terms in an ANDA, how                         competent authorities in other countries               must include the Docket No. FDA–
                                                persons can request FDA designation of                  and from private entities, to help inform              2016–N–4662 for ‘‘Public Hearing:
                                                an RLD, and how persons can request                     FDA regarding risk-based                               Strategic Partnerships to Enhance the
                                                FDA selection of a reference standard.                  decisionmaking, commodity-specific                     Safety of Imported Foods: Capacity
                                                   This draft guidance is being issued                  export control programs in other                       Building, Risk-Based Decisionmaking,
                                                consistent with FDA’s good guidance                     countries, and systems recognition.                    Recognition of Commodity Food Control
                                                practices regulation (21 CFR 10.115).                   DATES: See ‘‘How to Participate in the                 Programs, and Systems Recognition.’’
                                                The draft guidance, when finalized, will                Hearing’’ in the SUPPLEMENTARY                         Received comments will be placed in
                                                represent the current thinking of FDA                   INFORMATION section of this document                   the docket and, except for those
                                                on Referencing Approved Drug Products                   for dates and times of the public                      submitted as ‘‘Confidential
                                                in ANDA Submissions. It does not                        meetings, closing dates for advance                    Submissions,’’ publicly viewable at
                                                establish any rights for any person and                 registration, requesting special                       https://www.regulations.gov or at the
                                                is not binding on FDA or the public.                    accommodations due to disability,                      Division of Dockets Management
                                                You can use an alternative approach if                  closing date to submit comments to the                 between 9 a.m. and 4 p.m., Monday
                                                it satisfies the requirements of the                    docket, and other information regarding                through Friday.
                                                applicable statutes and regulations.                    meeting participation.                                    • Confidential Submissions—To
                                                II. Electronic Access                                   ADDRESSES: You may submit comments
                                                                                                                                                               submit a comment with confidential
                                                                                                        as follows:                                            information that you do not wish to be
                                                   Persons with access to the Internet                                                                         made publicly available, submit your
                                                may obtain the draft guidance at either                 Electronic Submissions                                 comments only as a written/paper
                                                http://www.fda.gov/Drugs/Guidance                                                                              submission. You should submit two
                                                ComplianceRegulatoryInformation/                          Submit electronic comments in the
                                                                                                        following way:                                         copies total. One copy will include the
                                                Guidances/default.htm or https://
                                                                                                          • Federal eRulemaking Portal:                        information you claim to be confidential
                                                www.regulations.gov.
                                                                                                        https://www.regulations.gov. Follow the                with a heading or cover note that states
                                                  Dated: January 11, 2017.                                                                                     ‘‘THIS DOCUMENT CONTAINS
                                                                                                        instructions for submitting comments.
                                                Leslie Kux,                                                                                                    CONFIDENTIAL INFORMATION.’’ We
                                                                                                        Comments submitted electronically,
                                                Associate Commissioner for Policy.                      including attachments, to https://                     will review this copy, including the
                                                [FR Doc. 2017–00820 Filed 1–13–17; 8:45 am]             www.regulations.gov will be posted to                  claimed confidential information, in our
                                                BILLING CODE 4164–01–P                                  the docket unchanged. Because your                     consideration of comments. The second
                                                                                                        comment will be made public, you are                   copy, which will have the claimed
                                                                                                        solely responsible for ensuring that your              confidential information redacted/
                                                DEPARTMENT OF HEALTH AND                                comment does not include any                           blacked out, will be available for public
                                                HUMAN SERVICES                                          confidential information that you or a                 viewing and posted on https://
                                                                                                        third party may not wish to be posted,                 www.regulations.gov. Submit both
                                                Food and Drug Administration                                                                                   copies to the Division of Dockets
                                                                                                        such as medical information, your or
                                                [Docket No. FDA–2016–N–4662]                            anyone else’s Social Security number, or               Management. If you do not wish your
                                                                                                        confidential business information, such                name and contact information to be
                                                Public Hearing: Strategic Partnerships                  as a manufacturing process. Please note                made publicly available, you can
                                                To Enhance the Safety of Imported                       that if you include your name, contact                 provide this information on the cover
                                                Foods: Capacity Building, Risk-Based                    information, or other information that                 sheet and not in the body of your
                                                Decisionmaking, Recognition of                          identifies you in the body of your                     comments and you must identify this
                                                Commodity Food Control Programs,                        comments, that information will be                     information as ‘‘confidential.’’ Any
                                                and Systems Recognition; Request for                    posted on https://www.regulations.gov.                 information marked as ‘‘confidential’’
                                                Comments                                                  • If you want to submit a comment                    will not be disclosed except in
                                                                                                        with confidential information that you                 accordance with 21 CFR 10.20 and other
                                                AGENCY:    Food and Drug Administration,
                                                                                                        do not wish to be made available to the                applicable disclosure law. For more
                                                HHS.
                                                                                                        public, submit the comment as a                        information about FDA’s posting of
                                                ACTION:Notice of public hearing; request                                                                       comments to public dockets, see 80 FR
                                                for comments.                                           written/paper submission and in the
                                                                                                        manner detailed (see ‘‘Written/Paper                   56469, September 18, 2015, or access
                                                SUMMARY:   The Food and Drug                            Submissions’’ and ‘‘Instructions’’).                   the information at: http://www.fda.gov/
                                                Administration (FDA or we) is                                                                                  regulatoryinformation/dockets/
                                                announcing a public hearing regarding                   Written/Paper Submissions                              default.htm.
                                                FDA initiatives for enhancing the safety                   Submit written/paper submissions as                    Docket: For access to the docket to
                                                of foods (for humans and animals)                       follows:                                               read background documents or the
                                                imported into the United States. The                       • Mail/Hand delivery/Courier (for                   electronic and written/paper comments
                                                hearing will focus on partnerships to                   written/paper submissions): Division of                received, go to https://
                                                improve safety capabilities through                     Dockets Management (HFA–305), Food                     www.regulations.gov and insert the
                                                capacity building; partnerships that                    and Drug Administration, 5630 Fishers                  docket number, found in brackets in the
                                                incorporate information from private                    Lane, Rm. 1061, Rockville, MD 20852.                   heading of this document, into the
                                                entities and foreign competent                             • For written/paper comments                        ‘‘Search’’ box and follow the prompts
sradovich on DSK3GMQ082PROD with NOTICES




                                                authorities to inform risk-based                        submitted to the Division of Dockets                   and/or go to the Division of Dockets
                                                decisionmaking; partnerships that                       Management, FDA will post your                         Management, 5630 Fishers Lane, Rm.
                                                recognize commodity-specific export                     comment, as well as any attachments,                   1061, Rockville, MD 20852.
                                                programs; and partnerships that                         except for information submitted,                      FOR FURTHER INFORMATION CONTACT:
                                                recognize the robustness of a nation’s                  marked and identified, as confidential,                Wade Woolfolk, Food and Drug
                                                entire food safety system. In addition,                 if submitted as detailed in                            Administration, Center for Food Safety
                                                we are seeking information from a                       ‘‘Instructions.’’                                      and Applied Nutrition (HFS–550), 5001


                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1


                                                                              Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                             4897

                                                Campus Dr., College Park, MD 20740,                     seek to develop, expand, or refine key                 supporting information on the issues
                                                240–402–6411, FAX: 301–436–2618,                        partnership activities.                                described in part II of this document.
                                                email: wade.woolfolk@fda.hhs.gov.                          We seek input from a variety of
                                                                                                        perspectives on the following topics:                  II. Purpose and Format of the Public
                                                SUPPLEMENTARY INFORMATION:                                                                                     Hearing
                                                                                                           • How to expand performance
                                                I. Background                                           measurement for FDA’s capacity                         A. Day One of Hearing
                                                   On March 30–31, 2011, we held a                      building activities to ensure that we
                                                                                                        collaborate effectively with other                     1. Partnerships To Improve Food Safety
                                                public hearing to discuss our use of                                                                           Capabilities: International Capacity
                                                international comparability assessments                 nations, multilateral organizations,
                                                                                                        donor organizations, and industry.                     Building
                                                as a mechanism to help enhance the
                                                                                                           • How to operationalize the concept                    Section 305 of FSMA requires the
                                                safety of imported foods (see ‘‘Ensuring
                                                                                                        of ‘‘same level of public health                       Secretary of Health and Human Services
                                                the Safety of Imported Foods and
                                                                                                        protection’’ that is part of the rule on               to develop a comprehensive plan to
                                                Animal Feed: Comparability of Food
                                                                                                        Foreign Supplier Verification Programs                 expand the technical, scientific, and
                                                Safety Systems and Import Practices of
                                                                                                        (FSVP) (80 FR 74226, November 27,                      regulatory food safety capacity of
                                                Foreign Countries; Public Hearing;
                                                                                                        2015) and what types of partnerships                   foreign governments, and their
                                                Request for Comments’’ (76 FR 13638,
                                                                                                        facilitate application of this concept.                respective food industries, from which
                                                March 14, 2011; available at https://
                                                                                                        (The FSVP regulation requires importers                foods are exported to the United States.
                                                www.regulations.gov, in docket FDA–
                                                                                                        to implement FSVPs to provide                          This authority was delegated to FDA,
                                                2011–N–0135)). At the public hearing
                                                                                                        adequate assurances that the importer’s                and we developed an International Food
                                                we presented information on our food                    foreign suppliers produce food in                      Safety Capacity Building Plan (the
                                                safety capacity building efforts related                compliance with processes and                          Plan). The Plan gives us a strategic
                                                to the FDA Food Safety Modernization                    procedures, including risk-based                       framework to expand the technical,
                                                Act (FSMA) (Pub. L. 111–353). We also                   preventive controls, that provide the                  scientific, and regulatory capacity of
                                                held a public meeting on June 19, 2012,                 same level of public health protection as              foreign governments and their food
                                                to discuss our comprehensive plan to                    those required under section 418                       industries. We developed the Plan in
                                                expand the technical, scientific, and                   (concerning hazard analysis and                        consultation with many partners, such
                                                regulatory capacity of foreign                          preventive controls) or 419 (concerning                as officials from other parts of the U.S.
                                                governments and their respective food                   produce safety) of the Federal Food,                   government; foreign government
                                                industries in countries that export foods               Drug, and Cosmetic Act (the FD&C Act),                 officials; non-governmental
                                                to the United States (see ‘‘International               as appropriate, and in compliance with                 organizations (NGOs) that represent
                                                Capacity Building with Respect to Food                  sections 402 (concerning adulteration)                 consumer interests; food industry
                                                Safety Public Meeting’’ (77 FR 30017,                   and 403(w) (concerning misbranding                     representatives; and others. We seek
                                                May 21, 2012; available at https://                     regarding allergen labeling) of the FD&C               input on successful models for
                                                www.regulations.gov, in docket FDA–                     Act.)                                                  continuing capacity building to further
                                                2011–N–0135)). This meeting invited                        • Whether and how we should                         implement the plan. At this hearing, we
                                                discussion on the International Capacity                consider private standards in risk-based               will seek comment on food safety
                                                Building plan development under                         decisionmaking, including how other                    capacity building and development and
                                                FSMA. Following these discussions we                    competent authorities use information,                 invite comment, particularly
                                                issued the final International Capacity                 such as third-party certifications or                  publications and data, on food safety
                                                Building Plan in February 2013. See                     other assurances, from private entities.               performance monitoring regimes; how
                                                http://www.fda.gov/food/                                   • Whether and how we should                         donor organizations minimize
                                                guidanceregulation/fsma/                                expand our systems recognition                         duplication and support leveraged
                                                ucm301708.htm.                                          framework to include consideration of                  partnerships; how providers of training
                                                   FSMA has enabled us to better protect                the recognition of commodity-specific                  programs assure affordable, accessible,
                                                public health through new authorities to                export control programs.                               and culturally specific information is
                                                help ensure that imported foods meet                       The initiatives that will be discussed              available to various regions of the
                                                the same safety standards as foods                      at the public hearing align with and                   world; how development agencies
                                                produced in the United States.                          support FSMA implementation. Day one                   interface with food industry supply
                                                   In implementing FSMA, we recognize                   of the hearing will seek input on                      chain management programs; and
                                                the importance of strengthening the                     partnerships to improve food safety                    whether we and industry can leverage
                                                existing collaborations among food                      capabilities in other countries, tools to              each other’s efforts.
                                                safety regulators (U.S. Federal, State,                 inform FDA’s risk based
                                                local, territorial, tribal, and foreign) to             decisionmaking, and methods to assess                  2. Partnerships To Incorporate
                                                achieve our public health goals. We                     the effectiveness of our capacity                      Information From Competent
                                                continue to engage in a variety of                      building efforts. We also seek input on                Authorities and Private Entities To
                                                partnerships that, collectively, are                    whether and how best to incorporate                    Inform Risk-Based Decisionmaking
                                                intended to enhance the safety of foods                 input from private entities and other                     In the Federal Register of November
                                                imported into the United States.                        competent authorities into our risk-                   27, 2015 (80 FR 74570), we published a
                                                   At the public hearing that is the                    based decisionmaking framework. Day                    final rule entitled, ‘‘Accreditation of
                                                subject of this notice, we will provide                 two will seek input on partnerships that               Third-Party Certification Bodies To
                                                an update on our food safety capacity                   recognize the robustness of commodity-                 Conduct Food Safety Audits and To
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                                                building efforts, as well as additional                 specific export programs including                     Issue Certifications.’’ The final rule
                                                updates and information on the                          export certification programs and                      established a voluntary program for the
                                                approach we will use to help ensure the                 whether and how we should consider                     accreditation of third-party certification
                                                safety of imported foods. In addition,                  such programs. In addition, we seek                    bodies to conduct food safety audits of
                                                the public hearing will provide an                      input on the implementation of the                     foreign food facilities and to issue food
                                                opportunity for FDA to obtain testimony                 systems recognition program. Interested                and facility certifications. The
                                                from diverse stakeholder groups as we                   parties may submit comments, data, and                 requirements in the final rule will help


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                                                4898                           Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                ensure the competence and                                arrangements with New Zealand’s                        are subject to FDA’s policy and
                                                independence of the accreditation                        Ministry for Primary Industries (2012)                 procedures for electronic media
                                                bodies and third-party certification                     and Canada’s Canadian Food Inspection                  coverage of FDA’s public administrative
                                                bodies participating in the program. We                  Agency (CFIA) and the Department of                    proceedings (21 CFR part 10, subpart C)
                                                are aware that other countries                           Health Canada (Health Canada) (2016).                  (§ 10.203(a)). Under § 10.205,
                                                incorporate information from private                     We seek comment on what indicators                     representatives of the electronic media
                                                entities into their regulatory                           we should consider to determine                        may be permitted, subject to certain
                                                decisionmaking. We are interested in                     whether the program meets expected                     limitations, to videotape, film, or
                                                learning more about the policies,                        outcomes and best practices on how to                  otherwise record FDA’s public
                                                practices, and programs used by foreign                  identify robust food safety systems.                   administrative proceedings, including
                                                regulators to ensure the safety of food                                                                         presentations by participants. The
                                                imported into their countries. We seek                   III. Notice of Hearing Under Part 15
                                                                                                                                                                hearing will be transcribed as stipulated
                                                comment and examples on how other                           The Commissioner of Food and Drugs                  in § 15.30(b) (see part IV of this
                                                countries use information from private                   (the Commissioner) is announcing that                  document). To the extent that the
                                                entities; how other countries ensure                     the public hearing will be held in                     conditions for the hearing as described
                                                parity in audit, inspectional,                           accordance with part 15 (21 CFR part                   in this document conflict with any
                                                verification, and overall oversight                      15). The hearing will be conducted by                  provisions set out in part 15, this notice
                                                between domestic and import activities;                  a presiding officer(s), accompanied by                 acts as a waiver of those provisions as
                                                and how transparency can be best                         FDA senior management and staff from                   specified in § 15.30(h).
                                                achieved.                                                the relevant centers/offices (FDA                         Comments may also be submitted
                                                                                                         panelists/experts).                                    after the hearing. The docket will
                                                B. Day Two of Hearing                                       Under § 15.30(f), the hearing is
                                                                                                                                                                remain open for such comments until
                                                1. Partnerships That Recognize                           informal, and the rules of evidence do
                                                                                                                                                                May 16, 2017.
                                                Commodity-Specific Exports and                           not apply. We encourage interested
                                                Programs                                                 parties to submit comments to the                      IV. How To Participate in the Public
                                                   We are interested in identifying                      docket. We also have invited certain                   Hearing
                                                successful models that recognize                         members of the public to participate as
                                                                                                         guest presenters. Only the presiding                     Advance registration by submission of
                                                commodity specific food safety control                                                                          a notice of participation is necessary to
                                                systems (including export certification                  officer(s) and FDA panelists/experts
                                                                                                         may question any person during or at                   ensure participation and will be
                                                programs), how they are established,                                                                            accepted on a first-come, first-served
                                                and how they operate.                                    the conclusion of each presentation by
                                                                                                         the FDA and guest presenters                           basis.
                                                   We seek comment and views on the
                                                best practices, strengths and weaknesses                 (§ 15.30(e)). At their discretion, the                   Notices of participation may be
                                                of commodity export programs or export                   presiding officer(s) may permit                        submitted electronically (see table 1 of
                                                certification systems; how commodity                     questions to be submitted from the                     this document); FDA encourages the use
                                                recognition programs factor into risk-                   audience for response by FDA or other                  of electronic means of advance
                                                based inspectional systems; and once                     persons attending the hearing                          registration. Notices of participation
                                                adopted, how the programs are                            (§ 15.30(e)). Finally, time permitting,                may also be submitted orally or by mail,
                                                monitored over time.                                     stakeholders may be allowed to provide                 fax, or email (see FOR FURTHER
                                                                                                         testimony at the hearing. Time will be                 INFORMATION CONTACT). See table 1 of
                                                2. Partnerships That Recognize the                       limited to 2 minutes and requests to                   this document for the dates by which
                                                Robustness of the Entire Food Safety                     make an oral presentation must be                      notices of participation must be
                                                System: Systems Recognition                              written and received by February 8,                    submitted. A single copy of any notice
                                                   FDA’s systems recognition assessment                  2017. Please include the details of your               of participation is sufficient.
                                                process established in 2011 has                          presentation when making your request.                   Table 1 of this document provides
                                                progressed from a pilot to a robust                      All testimony will be entered into the                 information on participation in the
                                                program that has resulted in signed                      docket. Public hearings under part 15                  public meetings.

                                                                                           TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING
                                                            Activity                            Date                       Electronic address                   Address                   Other information

                                                Attend Public Hearing .......       February 14–15, 2017,           Please preregister at             FDA Center for Food            Registration check-in be-
                                                                                      from 9 a.m. to 5:00 p.m.        www.fda.gov/Food/News             Safety and Applied Nu-         gins at 8 a.m.
                                                                                                                      Events/Workshops/Meet-            trition, Wiley Auditorium,
                                                                                                                      ings/Conferences/de-              5001 Campus Dr., Col-
                                                                                                                      fault.htm.                        lege Park, MD 20740.
                                                View Webcast ....................   February 14–15, 2017,           Individuals who wish to par-      We encourage you to use        The Webcast will have
                                                                                      from 9 a.m. to 5:00 p.m.        ticipate by Webcast are           electronic registration if     closed captioning.
                                                                                                                      asked to preregister at           possible.
                                                                                                                      www.fda.gov/Food/News
                                                                                                                      Events/WorkshopsMeet-
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                                                                                                                      ings/Conferences/de-
                                                                                                                      fault.htm.
                                                Advance registration ..........     Register by February 8,         www.fda.gov/Food/                 We encourage you to use        There is no registration
                                                                                      2017.                           NewsEvents/Workshops/            electronic registration if      fee for the public hear-
                                                                                                                      Meetings Conferences/            possible 1.                     ing. Early registration is
                                                                                                                      default.htm.                                                     recommended because
                                                                                                                                                                                       seating is limited.1




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                                                                                Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                              4899

                                                                                   TABLE 1—INFORMATION ON PARTICIPATION IN THE MEETING—Continued
                                                              Activity                           Date                       Electronic address                   Address               Other information

                                                Request to make an oral            Request by February 8,            Individuals who wish to           See FOR FURTHER IN-
                                                  presentation.                      2017.                              make a public comment            FORMATION CON-
                                                                                                                        during the designated            TACT.
                                                                                                                        times in the hearing are
                                                                                                                        asked to submit request
                                                                                                                        and presentation at
                                                                                                                        IASEvents@fda.hhs.gov.
                                                Submitting either electronic       Submit all other comments         https://www.regulations.gov       Division of Dockets Man-    See ADDRESSES for in-
                                                  or written comments.               by May 16, 2017.                                                    agement (HFA–305),          formation on submitting
                                                                                                                                                         Food and Drug Adminis-      comments.
                                                                                                                                                         tration, 5630 Fishers
                                                                                                                                                         Lane, Rm. 1061, Rock-
                                                                                                                                                         ville, MD 20852.
                                                Request special accom-             Request by February 8,            Wade Woolfolk, email:             See FOR FURTHER IN-
                                                  modations due to a dis-            2017.                            wade.woolfolk@                     FORMATION CON-
                                                  ability.                                                            fda.hhs.gov.                       TACT.
                                                   1 Onsite   registration will not be available at the meeting site.


                                                V. Transcripts                                            public review of this ICR will be                      clinical aspects of transplantation,
                                                   Please be advised that as soon as a                    provided to OMB. OMB will accept                       participate in the Hospital Campaign to
                                                transcript is available, it will be                       further comments from the public                       provide assistance to hospitals in their
                                                accessible at https://                                    during the review and approval period.                 service areas as they implement
                                                www.regulations.gov. It may be viewed                     DATES: Comments on this ICR should be                  strategies and activities to increase the
                                                at the Division of Dockets Management                     received no later than February 16,                    number of enrollments in state donor
                                                (see ADDRESSES). A transcript will also                   2017.                                                  registries. HRSA supports the Hospital
                                                be available in either hardcopy or on                                                                            Campaign by providing
                                                                                                          ADDRESSES:    Submit your comments,
                                                CD–ROM, after submission of a                                                                                    communications materials, facilitating
                                                                                                          including the Information Collection
                                                Freedom of Information request. The                                                                              the sharing of best practices, leveraging
                                                                                                          Request Title, to the desk officer for
                                                Freedom of Information office address is                                                                         the influence of national associations
                                                                                                          HRSA, either by email to OIRA_
                                                available on FDA’s Web site at http://                                                                           and organizations related to hospitals
                                                                                                          submission@omb.eop.gov or by fax to
                                                www.fda.gov.                                                                                                     and organ donation as Campaign
                                                                                                          202–395–5806.
                                                                                                                                                                 National Partners, and offering the
                                                  Dated: January 11, 2017.                                FOR FURTHER INFORMATION CONTACT: To                    additional incentive of national-level
                                                Leslie Kux,                                               request a copy of the clearance requests               recognition to hospitals.
                                                Associate Commissioner for Policy.                        submitted to OMB for review, email the                    Need and Proposed Use of the
                                                [FR Doc. 2017–00821 Filed 1–13–17; 8:45 am]               HRSA Information Collection Clearance                  Information: The Hospital Campaign’s
                                                BILLING CODE 4164–01–P
                                                                                                          Officer at paperwork@hrsa.gov or call                  Activity Scorecard is a key component
                                                                                                          (301) 443–1984.                                        of this effort. It provides a menu of over
                                                                                                          SUPPLEMENTARY INFORMATION:                             40 ideas for outreach activities. The
                                                DEPARTMENT OF HEALTH AND                                    Information Collection Request Title:                Activity Scorecard also provides
                                                HUMAN SERVICES                                            National Hospital Organ Donation                       incentive for hospitals to participate by
                                                                                                          Campaign’s Activity Scorecard OMB                      laying the foundation for recognition.
                                                Health Resources and Services                             No. 0915–0373—Revision.                                Each activity on the programmable PDF
                                                Administration                                              Abstract: HRSA’s Healthcare Systems                  is assigned a particular number of
                                                                                                          Bureau, Division of Transplantation,                   points based on the activity’s potential
                                                Agency Information Collection                             administers the Workplace Partnership                  for generating registrations. Recognition
                                                Activities: Submission to OMB for                         for Life (WPFL) program under the                      is awarded to hospitals that have annual
                                                Review and Approval; Public Comment                       authority of Section 377A(a) of the                    points which qualify them for one of the
                                                Request; National Hospital Organ                          Public Health Service (PHS) Act, (42                   following recognition levels: bronze,
                                                Donation Campaign’s Activity                              U.S.C. 274f–1). The WPFL seeks to                      silver, gold, and platinum.
                                                Scorecard                                                 involve workplaces and other                              Hospitals can complete the Activity
                                                AGENCY: Health Resources and Services                     organizations in a national effort to                  Scorecard and submit it annually via
                                                Administration (HRSA), Department of                      increase the number of registered organ,               email or fax to HRSA or to their local
                                                Health and Human Services.                                eye, and tissue donors and to increase                 OPO or Donate Life America (DLA)
                                                ACTION: Notice.                                           awareness about organ donation. In                     affiliate to be considered for recognition.
                                                                                                          2011, HRSA launched the National                       This is a voluntary activity and
                                                SUMMARY:   In compliance with the                         Hospital Organ Donation Campaign                       hospitals may participate in the
                                                requirement for opportunity for public                    (Hospital Campaign) and issued a
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                                                                                                                                                                 campaign without using or submitting a
                                                comment on proposed data collection                       challenge to hospitals nationwide to                   completed Activity Scorecard. However,
                                                projects of the Paperwork Reduction Act                   assist in this effort by conducting donor              most hospitals enrolled in the campaign
                                                of 1995, HRSA has submitted an                            education and donor registry enrollment                (currently 2,038) have submitted a
                                                Information Collection Request (ICR) to                   events in their hospitals and                          completed Activity Scorecard to become
                                                the Office of Management and Budget                       communities. The nation’s 58 organ                     eligible for recognition.
                                                (OMB) for review and approval.                            procurement organizations (OPOs),                         Hospitals that achieve specific
                                                Comments submitted during the first                       which already work with hospitals on                   outlined levels are recognized annually


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Document Created: 2017-01-14 01:44:28
Document Modified: 2017-01-14 01:44:28
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 of public hearing; request for comments.
DatesSee ``How to Participate in the Hearing'' in the SUPPLEMENTARY INFORMATION section of this document for dates and times of the public meetings, closing dates for advance registration, requesting special accommodations due to disability, closing date to submit comments to the docket, and other information regarding meeting participation.
ContactWade Woolfolk, Food and Drug Administration, Center for Food Safety and Applied Nutrition (HFS-550), 5001 Campus Dr., College Park, MD 20740, 240-402-6411, FAX: 301-436-2618, email: [email protected]
FR Citation82 FR 4896 

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