82_FR_51491 82 FR 51279 - Agency Information Collection Activities; Proposed Collection; Comment Request; Substances Prohibited From Use in Animal Food or Feed

82 FR 51279 - Agency Information Collection Activities; Proposed Collection; Comment Request; Substances Prohibited From Use in Animal Food or Feed

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range51279-51282
FR Document2017-23948

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

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51279-51282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23948]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0510]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Substances Prohibited From Use in Animal Food or Feed

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

[[Page 51280]]

collection provisions of existing FDA regulations concerning substances 
prohibited for use in animal food or feed.

DATES: Submit either electronic or written comments on the collection 
of information by January 2, 2018.

ADDRESSES: You may submit comments as follows: Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before January 2, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of January 2, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2011-N-0510 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Substances Prohibited From Use in 
Animal Food or Feed.'' Received comments, those filed in a timely 
manner (see ADDRESSES), will be placed in the docket and, except for 
those submitted as ``Confidential Submissions,'' publicly viewable at 
https://www.regulations.gov or at the Dockets Management Staff between 
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
PRAStaff@fda.hhs.gov.

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

Substances Prohibited From Use in Animal Food or Feed--21 CFR 589.2001

OMB Control Number 0910-0627--Extension

    This information collection supports Agency regulations regarding 
substances prohibited from use in animal food or feed. Bovine 
spongiform encephalopathy (BSE) is a progressive and fatal neurological 
disorder of cattle that results from an unconventional transmissible 
agent. BSE belongs to the family of diseases known as transmissible 
spongiform encephalopathies (TSEs). All TSEs affect the central nervous 
system of infected animals. Our regulation at Sec.  589.2001 (21 CFR 
589.2001) entitled,

[[Page 51281]]

``Cattle materials prohibited in animal food or feed to prevent the 
transmission of bovine spongiform encephalopathy'' is designed to 
further strengthen existing safeguards against the establishment and 
amplification of BSE in the United States through animal feed. The 
regulation prohibits the use of certain cattle origin materials in the 
food or feed of all animals. These materials are referred to as 
``cattle materials prohibited in animal feed'' or CMPAF. Under Sec.  
589.2001, no animal feed or feed ingredient can contain CMPAF. As a 
result, we impose requirements on renderers of specifically defined 
cattle materials, including reporting and recordkeeping requirements. 
For purposes of the regulation, we define a renderer as any firm or 
individual that processes slaughter byproducts, animals unfit for human 
consumption, including carcasses of dead cattle, or meat scraps. 
Reporting and recordkeeping requirements are necessary because once 
materials are separated from an animal it may not be possible, without 
records, to know whether the cattle material meets the requirements of 
our regulation.
    Recordkeeping: Renderers that receive, manufacture, process, blend, 
or distribute CMPAF, or products that contain or may contain CMPAF, 
must take measures to ensure that the materials are not introduced into 
animal feed, including maintaining adequate written procedures 
specifying how such processes are to be carried out Sec.  
589.2001(c)(2)(ii)). Renderers that receive, manufacture, process, 
blend, or distribute CMPAF, are required to establish and maintain 
records sufficient to track the CMPAF to ensure that they are not 
introduced into animal feed (Sec.  589.2001(c)(2)(vi)).
    Renderers that receive, manufacture, process, blend, or distribute 
any cattle materials must establish and maintain records sufficient to 
demonstrate that material rendered for use in animal feed was not 
manufactured from, processed with, or does not otherwise contain, CMPAF 
(Sec.  589.2001(c)(3)(i)).
    Renderers that receive, manufacture, process, blend, or distribute 
any cattle materials must, if these materials were obtained from an 
establishment that segregates CMPAF from other materials, establish and 
maintain records to demonstrate that the supplier has adequate 
procedures in place to effectively exclude CMPAF from any materials 
supplied (Sec.  589.2001(c)(3)(i)). Records will meet this requirement 
if they include either: (1) Certification or other documentation from 
the supplier that materials supplied do not include CMPAF (Sec.  
589.2001(c)(3)(i)(A)) or (2) documentation of another method acceptable 
to FDA, such as third-party certification (Sec.  589.2001(c)(3)(i)(B)).
    Reporting: Under our regulations, we may designate a country from 
which cattle materials are not considered CMPAF. Section 589.2001(f) 
provides that a country seeking to be so designated must send a written 
request to the Director of the Center for Veterinary Medicine. The 
information the country is required to submit includes information 
about that country's BSE case history, risk factors, measures to 
prevent the introduction and transmission of BSE, and any other 
information relevant to determining whether the cattle materials from 
the requesting country do or do not meet the definitions set forth in 
Sec.  589.2001(b)(1). We use the information to determine whether to 
grant a request for designation and to impose conditions if a request 
is granted. Section 589.2001(f) further states that countries 
designated under that section will be subject to our future review to 
determine whether their designations remain appropriate. As part of 
this process, we may ask designated countries from time to time to 
confirm that their BSE situation and the information submitted by them 
in support of their original application remains unchanged. We may 
revoke a country's designation if we determine that it is no longer 
appropriate. Therefore, designated countries may respond to our 
periodic requests by submitting information to confirm their 
designations remain appropriate. We use the information to ensure their 
designations remain appropriate.
    Description of Respondents: Respondents to this information 
collection include rendering facilities, feed manufacturers, livestock 
feeders, and foreign governments seeking designation under Sec.  
589.2001(f).
    FDA estimates the burden of this collection of information as 
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section             Number of       records per    Total annual     burden per      Total hours
                                  recordkeepers    recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
589.2001(c)(2)(ii), maintain                  50               1              50              20           1,000
 written procedures............
589.2001(c)(2)(vi) and                       175               1             175              20           3,500
 (c)(3)(i), maintain records...
589.2001(c)(3)(i)(A) and (B),                175               1             175              26           4,550
 certification or documentation
 from the supplier.............
                                --------------------------------------------------------------------------------
    Total......................  ...............  ..............  ..............  ..............           9,050
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Except where otherwise noted, this estimate is based on our 
estimate of the number of facilities affected by the final rule 
entitled, ``Substances Prohibited From Use in Animal Food or Feed'', 
published in the Federal Register of April 25, 2008 (73 FR 22720 at 
22753). The estimated recordkeeping burden is derived from Agency 
resources and discussions with affected industry. Our regulations 
require the maintenance of certain written procedures if cattle not 
inspected and passed for human consumption are to be rendered for use 
in animal feed. The recordkeeping burden associated with the 
requirement to maintain written procedures (Sec.  589.2001(c)(2)(ii)) 
will apply to only those renderers that choose to render for use in 
animal feed cattle not inspected and passed for human consumption. The 
recordkeeping requirement in Sec.  589.2001(c)(2)(vi) will apply to the 
limited number of renderers that will handle CMPAF. We estimate that 
the recordkeeping burden associated with Sec.  589.2001(c)(3)(i) would 
apply to the balance of the rendering firms not handling CMPAF. Table 1 
also reflects the estimated 26 hours each renderer will need to satisfy 
the requirement in Sec.  589.2001(c)(3)(i)(A) and (B) under which 
renderers must maintain records from their supplier, certifying that 
materials provided were free of CMPAF.

[[Page 51282]]



                                 Table 2--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total  annual    burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
589.2001(f); request for                       1               1               1              80              80
 designation....................
589.2001(f); response to request               1               1               1              26              26
 for review by FDA..............
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Our estimate of the reporting burden for designation under Sec.  
589.2001(f) is based on estimates in the final rule entitled, 
``Substances Prohibited From Use in Animal Food or Feed,'' published in 
the Federal Register of April 25, 2008, our experience, and the average 
number of requests for designation received in the past 3 years. The 
reporting burden for Sec.  589.2001(f) is minimal because requests for 
designation are seldom submitted. Since 2009, we have received two 
requests for designation. In the last 3 years, we have not received any 
new requests for designation; therefore, we estimate that one or fewer 
requests for designation will be submitted annually. Although we have 
not received any new requests for designation in the last 3 years, we 
believe these information collection provisions should be extended to 
provide for the potential future need of a foreign government to 
request designation under Sec.  589.2001(f). Table 2, row 1 presents 
the expected burden of requests for designation. Countries designated 
under Sec.  589.2001(f) are subject to review by FDA to ensure that 
their designation remains appropriate. We assume a country's response 
to a request for review will take about one third the time and effort 
of a request for designation. Table 2, row 2 presents the expected 
burden of a request for review. The burden for this information 
collection has not changed since the last OMB approval.

    Dated: October 24, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23948 Filed 11-2-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices                                                      51279

                                                  We invite comments on these topics:                                (3) the FDA-assigned control number                      the clarifying questions and the
                                               (1) Whether the proposed collection of                                and submission date of any previous,                     corresponding section(s) of FDA’s
                                               information is necessary for the proper                               related controlled correspondence that                   controlled correspondence response on
                                               performance of FDA’s functions,                                       was accepted for substantial review and                  which the requestor is seeking
                                               including whether the information will                                response, if any, as well as a copy of                   clarification.
                                               have practical utility; (2) the accuracy of                           that previous controlled correspondence                     The following information is based on
                                               FDA’s estimate of the burden of the                                   and FDA’s response, if any; (4) the                      inquiries considered controlled
                                               proposed collection of information,                                   relevant reference listed drug(s), as                    correspondence and submitted to FDA
                                               including the validity of the                                         applicable, including the application                    for fiscal years 2014, 2015, and 2016.
                                               methodology and assumptions used; (3)                                 number, proprietary (brand) name,                        FDA estimates approximately 390
                                               ways to enhance the quality, utility, and                             manufacturer, active ingredient, dosage                  generic drug manufacturers and related
                                               clarity of the information to be                                      form, and strength(s); (5) a statement                   industry (e.g., contract research
                                               collected; and (4) ways to minimize the                               that the controlled correspondence is                    organizations conducting bioanalytical
                                               burden of the collection of information                               related to a potential abbreviated new                   or bioequivalence clinical trials) or their
                                               on respondents, including through the                                 drug application (ANDA) submission to                    representatives would each submit an
                                               use of automated collection techniques,                               the Office of Generic Drugs, and the                     average of 3.8 inquiries annually for a
                                               when appropriate, and other forms of                                  ANDA number, if applicable; (6) a                        total of 1,496 inquiries [1,496 ÷ 390 =
                                               information technology.                                               concise statement of the inquiry; (7) a                  3.8]. Information submitted with each
                                                  Title: Controlled Correspondence                                   recommendation of the appropriate FDA                    inquiry varies widely in content,
                                               Related to Generic Drug Development—                                  review discipline; and (8) relevant prior                depending on the complexity of the
                                               OMB Control Number 0910–0797—                                         research and supporting materials.                       request. Inquiries that are defined as
                                               Revision.
                                                  Description: FDA has agreed to                                        The GDUFA II Commitment Letter                        controlled correspondence may range
                                               specific program enhancements and                                     also includes details on FDA’s                           from a simple inquiry on generic drug
                                               performance goals specified in the                                    commitment to respond to requests to                     labeling to a more complex inquiry for
                                               GDUFA II Commitment Letter. One of                                    clarify ambiguities in FDA’s controlled                  a formulation assessment for a specific
                                               the performance goals applies to                                      correspondence response within certain                   proposed generic drug product. As a
                                               controlled correspondence related to                                  time frames. To facilitate FDA’s prompt                  result, these inquiries can vary between
                                               generic drug development. The GDUFA                                   consideration of the request, and to                     1 to 10 burden hours, respectively.
                                               II Commitment Letter includes details                                 assist in meeting the prescribed time                       Because the content of inquiries
                                               on FDA’s commitment to respond to                                     frames, FDA recommends including the                     considered controlled correspondence is
                                               questions submitted as controlled                                     following information in the inquiry: (1)                widely varied, we are providing an
                                               correspondence within certain time                                    Name, title, address, phone number, and                  average burden hour for each inquiry.
                                               frames. To facilitate FDA’s prompt                                    entity of the person submitting the                      We estimate that it will take an average
                                               consideration of the controlled                                       inquiry; (2) a letter of authorization, if               of 5 hours per inquiry for industry to
                                               correspondence and to assist in meeting                               applicable; (3) the FDA-assigned control                 gather necessary information, prepare
                                               the prescribed time frames, FDA                                       number, submission date of the                           the request, and submit the request to
                                               recommends including the following                                    controlled correspondence on which the                   FDA. As a result, we estimate that it will
                                               information in the inquiry: (1) Name,                                 requestor is seeking clarification, a copy               take an average of 7,480 total hours
                                               title, address, phone number, and entity                              of that previous controlled                              annually for industry to prepare and
                                               of the person submitting the inquiry; (2)                             correspondence, and FDA’s response to                    submit inquiries considered controlled
                                               a letter of authorization, if applicable;                             the controlled correspondence; and (4)                   correspondence.

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

                                               Generic drug manufacturers, related industry, and rep-
                                                resentatives ......................................................................         390                  3.8            1,496                5          7,480
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                               III. Electronic Access                                                DEPARTMENT OF HEALTH AND                                 SUMMARY:   The Food and Drug
                                                                                                                     HUMAN SERVICES                                           Administration (FDA or Agency) is
                                                 Persons with access to the Internet                                                                                          announcing an opportunity for public
                                               may obtain the draft guidance at either                               Food and Drug Administration                             comment on the proposed collection of
                                               https://www.fda.gov/Drugs/Guidance                                                                                             certain information by the Agency.
                                               ComplianceRegulatoryInformation/                                      [Docket No. FDA–2011–N–0510]
                                                                                                                                                                              Under the Paperwork Reduction Act of
                                               Guidances/default.htm or https://                                     Agency Information Collection                            1995 (PRA), Federal Agencies are
                                               www.regulations.gov.                                                  Activities; Proposed Collection;                         required to publish notice in the
ethrower on DSK3G9T082PROD with NOTICES




                                                 Dated: October 30, 2017.                                            Comment Request; Substances                              Federal Register concerning each
                                               Anna K. Abram,                                                        Prohibited From Use in Animal Food or                    proposed collection of information,
                                               Deputy Commissioner for Policy, Planning,                             Feed                                                     including each proposed extension of an
                                               Legislation, and Analysis.                                            AGENCY:          Food and Drug Administration,           existing collection of information, and
                                               [FR Doc. 2017–23947 Filed 11–2–17; 8:45 am]                           HHS.                                                     to allow 60 days for public comment in
                                                                                                                                                                              response to the notice. This notice
                                               BILLING CODE 4164–01–P                                                ACTION:      Notice.
                                                                                                                                                                              solicits comments on the information


                                          VerDate Sep<11>2014       16:18 Nov 02, 2017        Jkt 244001     PO 00000       Frm 00070     Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM    03NON1


                                               51280                        Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

                                               collection provisions of existing FDA                   identified, as confidential, if submitted             Flint North, 10A–12M, 11601
                                               regulations concerning substances                       as detailed in ‘‘Instructions.’’                      Landsdown St., North Bethesda, MD
                                               prohibited for use in animal food or                       Instructions: All submissions received             20852, 301–796–7726, PRAStaff@
                                               feed.                                                   must include the Docket No. FDA–                      fda.hhs.gov.
                                               DATES:  Submit either electronic or                     2011–N–0510 for ‘‘Agency Information                  SUPPLEMENTARY INFORMATION: Under the
                                               written comments on the collection of                   Collection Activities; Proposed                       PRA (44 U.S.C. 3501–3520), Federal
                                               information by January 2, 2018.                         Collection; Comment Request;                          Agencies must obtain approval from the
                                                                                                       Substances Prohibited From Use in                     Office of Management and Budget
                                               ADDRESSES: You may submit comments
                                                                                                       Animal Food or Feed.’’ Received                       (OMB) for each collection of
                                               as follows: Please note that late,
                                                                                                       comments, those filed in a timely                     information they conduct or sponsor.
                                               untimely filed comments will not be
                                                                                                       manner (see ADDRESSES), will be placed                ‘‘Collection of information’’ is defined
                                               considered. Electronic comments must
                                                                                                       in the docket and, except for those                   in 44 U.S.C. 3502(3) and 5 CFR
                                               be submitted on or before January 2,
                                                                                                       submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                               2018. The https://www.regulations.gov
                                                                                                       Submissions,’’ publicly viewable at                   or requirements that members of the
                                               electronic filing system will accept
                                                                                                       https://www.regulations.gov or at the                 public submit reports, keep records, or
                                               comments until midnight Eastern Time
                                                                                                       Dockets Management Staff between 9                    provide information to a third party.
                                               at the end of January 2, 2018. Comments
                                                                                                       a.m. and 4 p.m., Monday through                       Section 3506(c)(2)(A) of the PRA (44
                                               received by mail/hand delivery/courier
                                                                                                       Friday.                                               U.S.C. 3506(c)(2)(A)) requires Federal
                                               (for written/paper submissions) will be
                                                                                                          • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                               considered timely if they are
                                                                                                       submit a comment with confidential                    the Federal Register concerning each
                                               postmarked or the delivery service
                                                                                                       information that you do not wish to be                proposed collection of information,
                                               acceptance receipt is on or before that
                                                                                                       made publicly available, submit your                  including each proposed extension of an
                                               date.
                                                                                                       comments only as a written/paper                      existing collection of information,
                                               Electronic Submissions                                  submission. You should submit two                     before submitting the collection to OMB
                                                 Submit electronic comments in the                     copies total. One copy will include the               for approval. To comply with this
                                               following way:                                          information you claim to be confidential              requirement, FDA is publishing notice
                                                 • Federal eRulemaking Portal:                         with a heading or cover note that states              of the proposed collection of
                                               https://www.regulations.gov. Follow the                 ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                               instructions for submitting comments.                   CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                               Comments submitted electronically,                      Agency will review this copy, including               collection of information, FDA invites
                                               including attachments, to https://                      the claimed confidential information, in              comments on these topics: (1) Whether
                                               www.regulations.gov will be posted to                   its consideration of comments. The                    the proposed collection of information
                                               the docket unchanged. Because your                      second copy, which will have the                      is necessary for the proper performance
                                               comment will be made public, you are                    claimed confidential information                      of FDA’s functions, including whether
                                                                                                       redacted/blacked out, will be available               the information will have practical
                                               solely responsible for ensuring that your
                                                                                                       for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                               comment does not include any
                                                                                                       https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                               confidential information that you or a
                                                                                                       both copies to the Dockets Management                 collection of information, including the
                                               third party may not wish to be posted,
                                                                                                       Staff. If you do not wish your name and               validity of the methodology and
                                               such as medical information, your or
                                                                                                       contact information to be made publicly               assumptions used; (3) ways to enhance
                                               anyone else’s Social Security number, or
                                                                                                       available, you can provide this                       the quality, utility, and clarity of the
                                               confidential business information, such
                                                                                                       information on the cover sheet and not                information to be collected; and (4)
                                               as a manufacturing process. Please note
                                                                                                       in the body of your comments and you                  ways to minimize the burden of the
                                               that if you include your name, contact
                                                                                                       must identify this information as                     collection of information on
                                               information, or other information that
                                                                                                       ‘‘confidential.’’ Any information marked              respondents, including through the use
                                               identifies you in the body of your
                                                                                                       as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                               comments, that information will be
                                                                                                       except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                               posted on https://www.regulations.gov.
                                                 • If you want to submit a comment                     and other applicable disclosure law. For              information technology.
                                               with confidential information that you                  more information about FDA’s posting                  Substances Prohibited From Use in
                                               do not wish to be made available to the                 of comments to public dockets, see 80                 Animal Food or Feed—21 CFR
                                               public, submit the comment as a                         FR 56469, September 18, 2015, or access               589.2001
                                               written/paper submission and in the                     the information at: https://www.gpo.gov
                                                                                                       /fdsys/pkg/FR-2015-09-18/pdf/2015-233                 OMB Control Number 0910–0627—
                                               manner detailed (see ‘‘Written/Paper
                                                                                                       89.pdf.                                               Extension
                                               Submissions’’ and ‘‘Instructions’’).
                                                                                                          Docket: For access to the docket to                   This information collection supports
                                               Written/Paper Submissions                               read background documents or the                      Agency regulations regarding substances
                                                 Submit written/paper submissions as                   electronic and written/paper comments                 prohibited from use in animal food or
                                               follows:                                                received, go to https://                              feed. Bovine spongiform
                                                 • Mail/Hand delivery/Courier (for                     www.regulations.gov and insert the                    encephalopathy (BSE) is a progressive
                                               written/paper submissions): Dockets                     docket number, found in brackets in the               and fatal neurological disorder of cattle
                                               Management Staff (HFA–305), Food and                    heading of this document, into the                    that results from an unconventional
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                                               Drug Administration, 5630 Fishers                       ‘‘Search’’ box and follow the prompts                 transmissible agent. BSE belongs to the
                                               Lane, Rm. 1061, Rockville, MD 20852.                    and/or go to the Dockets Management                   family of diseases known as
                                                 • For written/paper comments                          Staff, 5630 Fishers Lane, Rm. 1061,                   transmissible spongiform
                                               submitted to the Dockets Management                     Rockville, MD 20852.                                  encephalopathies (TSEs). All TSEs
                                               Staff, FDA will post your comment, as                   FOR FURTHER INFORMATION CONTACT: Ila                  affect the central nervous system of
                                               well as any attachments, except for                     S. Mizrachi, Office of Operations, Food               infected animals. Our regulation at
                                               information submitted, marked and                       and Drug Administration, Three White                  § 589.2001 (21 CFR 589.2001) entitled,


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                                                                                      Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices                                                                                              51281

                                               ‘‘Cattle materials prohibited in animal                                    § 589.2001(c)(2)(ii)). Renderers that                                       the country is required to submit
                                               food or feed to prevent the transmission                                   receive, manufacture, process, blend, or                                    includes information about that
                                               of bovine spongiform encephalopathy’’                                      distribute CMPAF, are required to                                           country’s BSE case history, risk factors,
                                               is designed to further strengthen                                          establish and maintain records                                              measures to prevent the introduction
                                               existing safeguards against the                                            sufficient to track the CMPAF to ensure                                     and transmission of BSE, and any other
                                               establishment and amplification of BSE                                     that they are not introduced into animal                                    information relevant to determining
                                               in the United States through animal                                        feed (§ 589.2001(c)(2)(vi)).                                                whether the cattle materials from the
                                               feed. The regulation prohibits the use of                                     Renderers that receive, manufacture,                                     requesting country do or do not meet
                                               certain cattle origin materials in the                                     process, blend, or distribute any cattle                                    the definitions set forth in
                                               food or feed of all animals. These                                         materials must establish and maintain                                       § 589.2001(b)(1). We use the information
                                               materials are referred to as ‘‘cattle                                      records sufficient to demonstrate that                                      to determine whether to grant a request
                                               materials prohibited in animal feed’’ or                                   material rendered for use in animal feed                                    for designation and to impose
                                               CMPAF. Under § 589.2001, no animal                                         was not manufactured from, processed                                        conditions if a request is granted.
                                               feed or feed ingredient can contain                                        with, or does not otherwise contain,                                        Section 589.2001(f) further states that
                                               CMPAF. As a result, we impose                                              CMPAF (§ 589.2001(c)(3)(i)).                                                countries designated under that section
                                               requirements on renderers of                                                  Renderers that receive, manufacture,                                     will be subject to our future review to
                                               specifically defined cattle materials,                                     process, blend, or distribute any cattle                                    determine whether their designations
                                                                                                                          materials must, if these materials were                                     remain appropriate. As part of this
                                               including reporting and recordkeeping
                                                                                                                          obtained from an establishment that                                         process, we may ask designated
                                               requirements. For purposes of the
                                                                                                                          segregates CMPAF from other materials,                                      countries from time to time to confirm
                                               regulation, we define a renderer as any
                                                                                                                          establish and maintain records to                                           that their BSE situation and the
                                               firm or individual that processes
                                                                                                                          demonstrate that the supplier has                                           information submitted by them in
                                               slaughter byproducts, animals unfit for
                                                                                                                          adequate procedures in place to                                             support of their original application
                                               human consumption, including
                                                                                                                          effectively exclude CMPAF from any                                          remains unchanged. We may revoke a
                                               carcasses of dead cattle, or meat scraps.
                                                                                                                          materials supplied (§ 589.2001(c)(3)(i)).                                   country’s designation if we determine
                                               Reporting and recordkeeping
                                                                                                                          Records will meet this requirement if                                       that it is no longer appropriate.
                                               requirements are necessary because
                                                                                                                          they include either: (1) Certification or                                   Therefore, designated countries may
                                               once materials are separated from an                                       other documentation from the supplier
                                               animal it may not be possible, without                                                                                                                 respond to our periodic requests by
                                                                                                                          that materials supplied do not include                                      submitting information to confirm their
                                               records, to know whether the cattle                                        CMPAF (§ 589.2001(c)(3)(i)(A)) or (2)
                                               material meets the requirements of our                                                                                                                 designations remain appropriate. We
                                                                                                                          documentation of another method                                             use the information to ensure their
                                               regulation.                                                                acceptable to FDA, such as third-party                                      designations remain appropriate.
                                                  Recordkeeping: Renderers that                                           certification (§ 589.2001(c)(3)(i)(B)).
                                               receive, manufacture, process, blend, or                                      Reporting: Under our regulations, we                                       Description of Respondents:
                                               distribute CMPAF, or products that                                         may designate a country from which                                          Respondents to this information
                                               contain or may contain CMPAF, must                                         cattle materials are not considered                                         collection include rendering facilities,
                                               take measures to ensure that the                                           CMPAF. Section 589.2001(f) provides                                         feed manufacturers, livestock feeders,
                                               materials are not introduced into animal                                   that a country seeking to be so                                             and foreign governments seeking
                                               feed, including maintaining adequate                                       designated must send a written request                                      designation under § 589.2001(f).
                                               written procedures specifying how such                                     to the Director of the Center for                                             FDA estimates the burden of this
                                               processes are to be carried out                                            Veterinary Medicine. The information                                        collection of information as follows:

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

                                               589.2001(c)(2)(ii), maintain written procedures .................                                               50                            1                      50                           20            1,000
                                               589.2001(c)(2)(vi) and (c)(3)(i), maintain records .............                                               175                            1                     175                           20            3,500
                                               589.2001(c)(3)(i)(A) and (B), certification or documenta-
                                                 tion from the supplier .....................................................                                 175                           1                       175                          26            4,550

                                                     Total ............................................................................   ..........................   ........................   ........................   ........................          9,050
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                 Except where otherwise noted, this                                       inspected and passed for human                                              handle CMPAF. We estimate that the
                                               estimate is based on our estimate of the                                   consumption are to be rendered for use                                      recordkeeping burden associated with
                                               number of facilities affected by the final                                 in animal feed. The recordkeeping                                           § 589.2001(c)(3)(i) would apply to the
                                               rule entitled, ‘‘Substances Prohibited                                     burden associated with the requirement                                      balance of the rendering firms not
                                               From Use in Animal Food or Feed’’,                                         to maintain written procedures                                              handling CMPAF. Table 1 also reflects
                                               published in the Federal Register of                                       (§ 589.2001(c)(2)(ii)) will apply to only                                   the estimated 26 hours each renderer
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                                               April 25, 2008 (73 FR 22720 at 22753).                                     those renderers that choose to render for                                   will need to satisfy the requirement in
                                               The estimated recordkeeping burden is                                      use in animal feed cattle not inspected                                     § 589.2001(c)(3)(i)(A) and (B) under
                                               derived from Agency resources and                                          and passed for human consumption.                                           which renderers must maintain records
                                               discussions with affected industry. Our                                    The recordkeeping requirement in                                            from their supplier, certifying that
                                               regulations require the maintenance of                                     § 589.2001(c)(2)(vi) will apply to the                                      materials provided were free of CMPAF.
                                               certain written procedures if cattle not                                   limited number of renderers that will



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                                               51282                           Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

                                                                                                  TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                 Number of           Total             Average
                                                                                                                              Number of
                                                                         21 CFR section                                                        responses per        annual           burden per    Total hours
                                                                                                                             respondents         respondent       responses           response

                                               589.2001(f); request for designation ....................................                   1                 1                1               80             80
                                               589.2001(f); response to request for review by FDA ..........                               1                 1                1               26             26
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Our estimate of the reporting burden                      DEPARTMENT OF HEALTH AND                                  The 1984 amendments include what
                                               for designation under § 589.2001(f) is                       HUMAN SERVICES                                         is now section 505(j)(7) of the Federal
                                               based on estimates in the final rule                                                                                Food, Drug, and Cosmetic Act (21 U.S.C.
                                               entitled, ‘‘Substances Prohibited From                       Food and Drug Administration                           355(j)(7)), which requires FDA to
                                               Use in Animal Food or Feed,’’                                                                                       publish a list of all approved drugs.
                                               published in the Federal Register of                         [Docket No. FDA–2017–P–2044]                           FDA publishes this list as part of the
                                               April 25, 2008, our experience, and the                                                                             ‘‘Approved Drug Products With
                                                                                                            Determination That REVEX (Nalmefene                    Therapeutic Equivalence Evaluations,’’
                                               average number of requests for
                                                                                                            Hydrochloride Injection), 0.1 Milligram                which is known generally as the
                                               designation received in the past 3 years.
                                                                                                            Base/Milliliter and 1.0 Milligram Base/                ‘‘Orange Book.’’ Under FDA regulations,
                                               The reporting burden for § 589.2001(f) is
                                                                                                            Milliliter, Was Not Withdrawn From                     a drug is removed from the list if the
                                               minimal because requests for                                 Sale for Reasons of Safety or
                                               designation are seldom submitted. Since                                                                             Agency withdraws or suspends
                                                                                                            Effectiveness                                          approval of the drug’s NDA or ANDA
                                               2009, we have received two requests for
                                                                                                            AGENCY:        Food and Drug Administration,           for reasons of safety or effectiveness or
                                               designation. In the last 3 years, we have
                                                                                                            HHS.                                                   if FDA determines that the listed drug
                                               not received any new requests for                                                                                   was withdrawn from sale for reasons of
                                               designation; therefore, we estimate that                     ACTION:    Notice.                                     safety or effectiveness (21 CFR 314.162).
                                               one or fewer requests for designation                                                                                  A person may petition the Agency to
                                               will be submitted annually. Although                         SUMMARY:   The Food and Drug
                                                                                                            Administration (FDA or Agency) has                     determine, or the Agency may
                                               we have not received any new requests                                                                               determine on its own initiative, whether
                                               for designation in the last 3 years, we                      determined that REVEX (nalmefene
                                                                                                            hydrochloride injection), 0.1 milligram                a listed drug was withdrawn from sale
                                               believe these information collection                                                                                for reasons of safety or effectiveness.
                                                                                                            (mg) base/milliliter (mL) and 1.0 mg
                                               provisions should be extended to                                                                                    This determination may be made at any
                                                                                                            base/mL, was not withdrawn from sale
                                               provide for the potential future need of                                                                            time after the drug has been withdrawn
                                                                                                            for reasons of safety or effectiveness.
                                               a foreign government to request                              This determination will allow FDA to                   from sale, but must be made prior to
                                               designation under § 589.2001(f). Table                       approve abbreviated new drug                           approving an ANDA that refers to the
                                               2, row 1 presents the expected burden                        applications (ANDAs) for REVEX                         listed drug (§ 314.161 (21 CFR 314.161)).
                                               of requests for designation. Countries                       (nalmefene hydrochloride injection), 0.1               FDA may not approve an ANDA that
                                               designated under § 589.2001(f) are                           mg base/mL and 1.0 mg base/mL, if all                  does not refer to a listed drug.
                                               subject to review by FDA to ensure that                                                                                REVEX (nalmefene hydrochloride
                                                                                                            other legal and regulatory requirements
                                               their designation remains appropriate.                                                                              injection), 0.1 mg base/mL and 1.0 mg
                                                                                                            are met.
                                               We assume a country’s response to a                                                                                 base/mL, is the subject of NDA 20–459,
                                                                                                            FOR FURTHER INFORMATION CONTACT:                       currently held by West-Ward
                                               request for review will take about one                       Kelley Nduom, Center for Drug
                                               third the time and effort of a request for                                                                          Pharmaceuticals International Limited,
                                                                                                            Evaluation and Research, Food and                      and initially approved on April 17,
                                               designation. Table 2, row 2 presents the                     Drug Administration, 10903 New                         1995. REVEX is indicated for the
                                               expected burden of a request for review.                     Hampshire Ave., Bldg. 51, Rm. 6221,                    complete or partial reversal of opioid
                                               The burden for this information                              Silver Spring, MD 20993–0002, 301–                     drug effects, including respiratory
                                               collection has not changed since the last                    796–8597.                                              depression, induced by either natural or
                                               OMB approval.                                                SUPPLEMENTARY INFORMATION: In 1984,                    synthetic opioids. REVEX is also
                                                 Dated: October 24, 2017.                                   Congress enacted the Drug Price                        indicated in the management of known
                                               Anna K. Abram,                                               Competition and Patent Term                            or suspected opioid overdose.
                                                                                                            Restoration Act of 1984 (Pub. L. 98–417)                  In a letter dated June 5, 2009, Baxter
                                               Deputy Commissioner for Policy, Planning,
                                               Legislation, and Analysis.
                                                                                                            (the 1984 amendments), which                           Healthcare Corporation, the NDA holder
                                                                                                            authorized the approval of duplicate                   at the time, notified FDA that the
                                               [FR Doc. 2017–23948 Filed 11–2–17; 8:45 am]
                                                                                                            versions of drug products under an                     manufacturing and distribution of
                                               BILLING CODE 4164–01–P
                                                                                                            ANDA procedure. ANDA applicants                        REVEX (nalmefene hydrochloride
                                                                                                            must, with certain exceptions, show that               injection), 0.1 mg base/mL and 1.0 mg
                                                                                                            the drug for which they are seeking                    base/mL, had been discontinued on May
                                                                                                            approval contains the same active                      21, 2008, for business reasons. REVEX
                                                                                                            ingredient in the same strength and                    (nalmefene hydrochloride injection), 0.1
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                                                                                                            dosage form as the ‘‘listed drug,’’ which              mg base/mL and 1.0 mg base/mL, is
                                                                                                            is a version of the drug that was                      currently listed in the ‘‘Discontinued
                                                                                                            previously approved. ANDA applicants                   Drug Product List’’ section of the Orange
                                                                                                            do not have to repeat the extensive                    Book.
                                                                                                            clinical testing otherwise necessary to                   Nirsum Pharmaceuticals, LLC,
                                                                                                            gain approval of a new drug application                submitted a citizen petition dated
                                                                                                            (NDA).                                                 March 31, 2017 (Docket No. FDA–2017–


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Document Created: 2018-10-25 10:21:09
Document Modified: 2018-10-25 10:21:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by January 2, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 51279 

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