82_FR_52269 82 FR 52053 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Health and Diet Survey, as Used by the Food and Drug Administration

82 FR 52053 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Health and Diet Survey, as Used by the Food and Drug Administration

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range52053-52055
FR Document2017-24409

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

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Notices]
[Pages 52053-52055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24409]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0920]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Health and Diet 
Survey, as Used by the Food and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

[[Page 52054]]


DATES: Fax written comments on the collection of information by 
December 11, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0545. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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

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

Health and Diet Survey as Used by the Food and Drug Administration OMB 
Control Number 0910-0545--Extension

    We are seeking to renew OMB approval of the Health and Diet Survey, 
which is a voluntary consumer survey intended to gauge and to track 
consumer attitudes, awareness, knowledge, and behavior regarding 
various topics related to health, nutrition, physical activity, and 
product labeling. OMB approved this collection as a generic collection 
on December 5, 2014. The authority for FDA to collect the information 
derives from FDA's Commissioner of Food and Drugs authority provided in 
section 1003(d)(2) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 393(d)(2)).
    We will use the Health and Diet Survey findings to test and refine 
our ideas, but will generally conduct further research before making 
important decisions such as adopting new policies and allocating or 
redirecting significant resources to support these policies.
    This survey has been repeated approximately every 3 to 5 years over 
the course of the past 3 decades for the purpose of tracking changes 
and trends in public opinions and consumer behavior, with some new 
questions added or omitted or partially modified in each iteration in 
response to emerging and current events or issues. In the next 3 years, 
we plan to field this survey two to three times. We will use the 
information from the Health and Diet Survey to evaluate and develop 
strategies and programs to encourage and help consumers adopt healthy 
diets and lifestyles. The information will also help FDA evaluate and 
track consumer awareness and behavior as outcome measures of their 
achievement in improving public health.
    Description of Respondents: The respondents are adults, age 18 and 
older, drawn from the 50 States and the District of Columbia. 
Participation will be voluntary.
    In the Federal Register of July 18, 2017 (82 FR 32832), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. We received no comments.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                    Activity                        Number of     responses per   Total annual         Average burden per response          Total hours
                                                   respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cognitive interview screener...................             100               1             100  .08....................................               8
                                                                                                 (5 minutes)............................
Cognitive interview............................              18               1              18  1......................................              18
Pretest screener...............................           2,000               1           2,000  .033 (2 minutes).......................              66
Pretest........................................             200               1             200  .25 (15 minutes).......................              50
Survey screener................................          40,000               1          40,000  .033 (2 minutes).......................           1,320
Survey.........................................           4,000               1           4,000  .25 (15 minutes).......................           1,000
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................           2,462
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We base our estimate of the number of respondents and the average 
burden per response on our experience with previous Health and Diet 
Surveys and we estimate that the burden for this information collection 
has increased by 580 hours (from 1,882 to 2,462 hours) since the last 
OMB approval. The increase is due to an expected increase in the number 
of participants completing the survey screener (from 30,000 to 40,000 
participants) and number of participants taking the survey (from 3,000 
to 4,000). We will use a cognitive interview screener with 100 
individuals to recruit prospective interview participants. We estimate 
that it will take a screener respondent approximately 5 minutes (0.08 
hours) to complete the cognitive interview screener, for a total of 8 
hours. We will conduct cognitive interviews with 18 participants. We 
estimate that it will take a participant approximately 1 hour to 
complete the interview, for a total of 18 hours. Prior to the 
administration of the Health and Diet Survey, the Agency plans to 
conduct a pretest to identify and resolve potential survey 
administration problems. We will use a pretest screener with 2,000 
individuals; we estimate that it will take a respondent approximately 2 
minutes (0.033 hours) to complete the pretest screener, for a total of 
66 hours. The pretest will be conducted with 200 participants; we 
estimate that it will take a participant 15 minutes (0.25 hours) to 
complete the pretest, for a total of 50 hours. We will use a survey 
screener to select an eligible adult respondent in each household 
reached by landline telephone numbers to participate in the survey. A 
total of 40,000 individuals in the 50 states and the District of 
Columbia will be screened by telephone. We estimate that it will take a 
respondent 2 minutes (0.033 hours) to complete the screening, for a 
total of 1,320 hours. We estimate that 4,000 eligible adults will 
participate in the survey, each taking 15 minutes (0.25 hours), for a 
total of 1,000 hours. Thus, the total estimated burden is 2,462 hours.
    We are requesting this burden for unplanned surveys so as not to 
restrict our ability to gather information on consumer attitudes, 
awareness, knowledge, and behavior regarding various topics related to 
health, nutrition, physical activity, and product labeling. This 
ability will help the

[[Page 52055]]

Agency identify and respond to emerging issues in a more timely manner.

    Dated: November 6, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24409 Filed 11-8-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices                                                 52053

                                                written/paper submission and in the                     electronic and written/paper comments                 provides multiple areas of clarification
                                                manner detailed (see ‘‘Written/Paper                    received, go to https://                              throughout the document.
                                                Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                       This guidance is being issued
                                                                                                        docket number, found in brackets in the               consistent with FDA’s good guidance
                                                Written/Paper Submissions
                                                                                                        heading of this document, into the                    practices regulation (21 CFR 10.115).
                                                   Submit written/paper submissions as                  ‘‘Search’’ box and follow the prompts                 The guidance represents the current
                                                follows:                                                and/or go to the Dockets Management                   thinking of FDA on evaluating drug
                                                   • Mail/Hand delivery/Courier (for                    Staff, 5630 Fishers Lane, Rm. 1061,                   effects on the ability to operate a motor
                                                written/paper submissions): Dockets                     Rockville, MD 20852.                                  vehicle. It does not establish any rights
                                                Management Staff (HFA–305), Food and                       You may submit comments on any                     for any person and is not binding on
                                                Drug Administration, 5630 Fishers                       guidance at any time (see 21 CFR                      FDA or the public. You can use an
                                                Lane, Rm. 1061, Rockville, MD 20852.                    10.115(g)(5)).                                        alternative approach if it satisfies the
                                                   • For written/paper comments                            Submit written requests for single                 requirements of the applicable statutes
                                                submitted to the Dockets Management                     copies of this guidance to the Division               and regulations. This guidance is not
                                                Staff, FDA will post your comment, as                   of Drug Information, Center for Drug                  subject to Executive Order 12866.
                                                well as any attachments, except for                     Evaluation and Research, Food and
                                                information submitted, marked and                                                                             II. The Paperwork Reduction Act of
                                                                                                        Drug Administration, 10001 New
                                                identified, as confidential, if submitted                                                                     1995
                                                                                                        Hampshire Ave., Hillandale Building,
                                                as detailed in ‘‘Instructions.’’                        4th Floor, Silver Spring, MD 20993–                     This guidance refers to previously
                                                   Instructions: All submissions received
                                                                                                        0002. Send one self-addressed adhesive                approved collections of information that
                                                must include the Docket No. FDA–
                                                                                                        label to assist that office in processing             are subject to review by the Office of
                                                2014–D–2300 for ‘‘Evaluating Drug
                                                                                                        your requests. See the SUPPLEMENTARY                  Management and Budget (OMB) under
                                                Effects on the Ability to Operate a Motor
                                                                                                        INFORMATION section for electronic                    the Paperwork Reduction Act of 1995
                                                Vehicle.’’ Received comments will be
                                                                                                        access to the guidance document.                      (44 U.S.C. 3501–3520). The collections
                                                placed in the docket and, except for
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      of information in 21 CFR parts 312 and
                                                those submitted as ‘‘Confidential
                                                                                                        Naomi Lowy, Center for Drug                           314 have been approved under OMB
                                                Submissions,’’ publicly viewable at
                                                                                                        Evaluation and Research, Food and                     control numbers 0910–0014 and 0910–
                                                https://www.regulations.gov or at the
                                                                                                        Drug Administration, 10903 New                        0001, respectively.
                                                Dockets Management Staff between 9
                                                a.m. and 4 p.m., Monday through                         Hampshire Ave., Bldg. 22, Rm. 4204,                   III. Electronic Access
                                                Friday.                                                 Silver Spring, MD 20993–0002, 301–
                                                                                                                                                                Persons with access to the internet
                                                   • Confidential Submissions—To                        796–0692.
                                                                                                                                                              may obtain the guidance at either
                                                submit a comment with confidential                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                              https://www.fda.gov/Drugs/Guidance
                                                information that you do not wish to be
                                                                                                        I. Background                                         ComplianceRegulatoryInformation/
                                                made publicly available, submit your
                                                                                                           FDA is announcing the availability of              Guidances/default.htm or https://
                                                comments only as a written/paper
                                                                                                        a guidance for industry entitled                      www.regulations.gov.
                                                submission. You should submit two
                                                copies total. One copy will include the                 ‘‘Evaluating Drug Effects on the Ability                Dated: November 3, 2017.
                                                information you claim to be confidential                to Operate a Motor Vehicle.’’ The                     Anna K. Abram,
                                                with a heading or cover note that states                purpose of this guidance is to assist                 Deputy Commissioner for Policy, Planning,
                                                ‘‘THIS DOCUMENT CONTAINS                                sponsors in the evaluation of the effects             Legislation, and Analysis.
                                                CONFIDENTIAL INFORMATION.’’ The                         of psychoactive drugs on the ability to               [FR Doc. 2017–24367 Filed 11–8–17; 8:45 am]
                                                Agency will review this copy, including                 operate a motor vehicle.                              BILLING CODE 4164–01–P
                                                the claimed confidential information, in                   Driving is a complex activity
                                                its consideration of comments. The                      involving a wide range of cognitive,
                                                second copy, which will have the                        perceptual, and motor activities that can             DEPARTMENT OF HEALTH AND
                                                claimed confidential information                        be adversely affected by therapeutic                  HUMAN SERVICES
                                                redacted/blacked out, will be available                 drugs. Reducing the incidence of MVAs
                                                for public viewing and posted on                        that occur because of drug-impaired                   Food and Drug Administration
                                                https://www.regulations.gov. Submit                     driving is a public health priority.
                                                                                                           Drugs that impair driving ability may              [Docket No. FDA–2014–N–0920]
                                                both copies to the Dockets Management
                                                Staff. If you do not wish your name and                 also impair an individual’s ability to
                                                                                                                                                              Agency Information Collection
                                                contact information to be made publicly                 judge the extent of his or her own
                                                                                                                                                              Activities; Submission for Office of
                                                available, you can provide this                         impairment. This increases the need for
                                                                                                                                                              Management and Budget Review;
                                                information on the cover sheet and not                  objective evaluation of the presence and
                                                                                                                                                              Comment Request; Health and Diet
                                                in the body of your comments and you                    degree of driving impairment, with risk
                                                                                                                                                              Survey, as Used by the Food and Drug
                                                must identify this information as                       mitigation strategies based on that
                                                                                                                                                              Administration
                                                ‘‘confidential.’’ Any information marked                information. This guidance recommends
                                                as ‘‘confidential’’ will not be disclosed               a systematic effort to identify drugs for             AGENCY:   Food and Drug Administration,
                                                except in accordance with 21 CFR 10.20                  which evaluation of effects on driving                HHS.
                                                and other applicable disclosure law. For                abilities may be needed and the types of              ACTION:   Notice.
                                                                                                        studies that such an evaluation entails.
sradovich on DSK3GMQ082PROD with NOTICES




                                                more information about FDA’s posting
                                                of comments to public dockets, see 80                      This guidance finalizes the draft                  SUMMARY:   The Food and Drug
                                                FR 56469, September 18, 2015, or access                 guidance issued on January 16, 2015,                  Administration (FDA or we) is
                                                the information at: https://www.gpo.gov/                (80 FR 2432) of the same name. Changes                announcing that a proposed collection
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       made to the guidance took into                        of information has been submitted to the
                                                23389.pdf.                                              consideration comments received. In                   Office of Management and Budget
                                                   Docket: For access to the docket to                  addition to editorial changes made                    (OMB) for review and clearance under
                                                read background documents or the                        primarily for clarification, the guidance             the Paperwork Reduction Act of 1995.


                                           VerDate Sep<11>2014   17:32 Nov 08, 2017   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM   09NON1


                                                52054                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices

                                                DATES:  Fax written comments on the                                        Health and Diet Survey as Used by the                                        purpose of tracking changes and trends
                                                collection of information by December                                      Food and Drug Administration OMB                                             in public opinions and consumer
                                                11, 2017.                                                                  Control Number 0910–0545—Extension                                           behavior, with some new questions
                                                ADDRESSES: To ensure that comments on                                         We are seeking to renew OMB                                               added or omitted or partially modified
                                                the information collection are received,                                   approval of the Health and Diet Survey,                                      in each iteration in response to
                                                OMB recommends that written                                                which is a voluntary consumer survey                                         emerging and current events or issues.
                                                comments be faxed to the Office of                                         intended to gauge and to track consumer                                      In the next 3 years, we plan to field this
                                                Information and Regulatory Affairs,                                        attitudes, awareness, knowledge, and                                         survey two to three times. We will use
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                                     behavior regarding various topics                                            the information from the Health and
                                                395–7285, or emailed to oira_                                              related to health, nutrition, physical                                       Diet Survey to evaluate and develop
                                                submission@omb.eop.gov. All                                                activity, and product labeling. OMB                                          strategies and programs to encourage
                                                comments should be identified with the                                     approved this collection as a generic                                        and help consumers adopt healthy diets
                                                OMB control number 0910–0545. Also                                         collection on December 5, 2014. The                                          and lifestyles. The information will also
                                                include the FDA docket number found                                        authority for FDA to collect the                                             help FDA evaluate and track consumer
                                                in brackets in the heading of this                                         information derives from FDA’s                                               awareness and behavior as outcome
                                                document.                                                                  Commissioner of Food and Drugs                                               measures of their achievement in
                                                                                                                           authority provided in section 1003(d)(2)                                     improving public health.
                                                FOR FURTHER INFORMATION CONTACT:    Ila                                                                                                                    Description of Respondents: The
                                                                                                                           of the Federal Food, Drug, and Cosmetic
                                                S. Mizrachi, Office of Operations, Food                                                                                                                 respondents are adults, age 18 and
                                                                                                                           Act (21 U.S.C. 393(d)(2)).
                                                and Drug Administration, Three White                                                                                                                    older, drawn from the 50 States and the
                                                                                                                              We will use the Health and Diet
                                                Flint North, 10A–12M, 11601                                                                                                                             District of Columbia. Participation will
                                                                                                                           Survey findings to test and refine our
                                                Landsdown St., North Bethesda, MD                                                                                                                       be voluntary.
                                                                                                                           ideas, but will generally conduct further
                                                20852, 301–796–7726, PRAStaff@                                                                                                                             In the Federal Register of July 18,
                                                                                                                           research before making important
                                                fda.hhs.gov.                                                                                                                                            2017 (82 FR 32832), FDA published a
                                                                                                                           decisions such as adopting new policies
                                                SUPPLEMENTARY INFORMATION:    In                                           and allocating or redirecting significant                                    60-day notice requesting public
                                                compliance with 44 U.S.C. 3507, FDA                                        resources to support these policies.                                         comment on the proposed collection of
                                                has submitted the following proposed                                          This survey has been repeated                                             information. We received no comments.
                                                collection of information to OMB for                                       approximately every 3 to 5 years over                                           FDA estimates the burden of this
                                                review and clearance.                                                      the course of the past 3 decades for the                                     collection of information as follows:

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

                                                Cognitive interview screener ...........................................                                  100                            1                       100      .08 ......................                   8
                                                                                                                                                                                                                          (5 minutes) .........
                                                Cognitive interview ..........................................................                           18                              1                      18        1 .........................              18
                                                Pretest screener ..............................................................                       2,000                              1                   2,000        .033 (2 minutes)                         66
                                                Pretest .............................................................................                   200                              1                     200        .25 (15 minutes)                         50
                                                Survey screener ..............................................................                       40,000                              1                  40,000        .033 (2 minutes)                      1,320
                                                Survey .............................................................................                  4,000                              1                   4,000        .25 (15 minutes)                      1,000

                                                      Total .........................................................................   ........................    ........................   ........................   ............................          2,462
                                                   1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   We base our estimate of the number                                     conduct cognitive interviews with 18                                          by landline telephone numbers to
                                                of respondents and the average burden                                     participants. We estimate that it will                                        participate in the survey. A total of
                                                per response on our experience with                                       take a participant approximately 1 hour                                       40,000 individuals in the 50 states and
                                                previous Health and Diet Surveys and                                      to complete the interview, for a total of                                     the District of Columbia will be
                                                we estimate that the burden for this                                      18 hours. Prior to the administration of                                      screened by telephone. We estimate that
                                                information collection has increased by                                   the Health and Diet Survey, the Agency                                        it will take a respondent 2 minutes
                                                580 hours (from 1,882 to 2,462 hours)                                     plans to conduct a pretest to identify                                        (0.033 hours) to complete the screening,
                                                since the last OMB approval. The                                          and resolve potential survey                                                  for a total of 1,320 hours. We estimate
                                                increase is due to an expected increase                                   administration problems. We will use a                                        that 4,000 eligible adults will participate
                                                in the number of participants                                             pretest screener with 2,000 individuals;                                      in the survey, each taking 15 minutes
                                                completing the survey screener (from                                      we estimate that it will take a                                               (0.25 hours), for a total of 1,000 hours.
                                                30,000 to 40,000 participants) and                                        respondent approximately 2 minutes                                            Thus, the total estimated burden is
                                                number of participants taking the survey                                  (0.033 hours) to complete the pretest                                         2,462 hours.
                                                (from 3,000 to 4,000). We will use a                                      screener, for a total of 66 hours. The                                           We are requesting this burden for
sradovich on DSK3GMQ082PROD with NOTICES




                                                cognitive interview screener with 100                                     pretest will be conducted with 200                                            unplanned surveys so as not to restrict
                                                individuals to recruit prospective                                        participants; we estimate that it will                                        our ability to gather information on
                                                interview participants. We estimate that                                  take a participant 15 minutes (0.25                                           consumer attitudes, awareness,
                                                it will take a screener respondent                                        hours) to complete the pretest, for a total                                   knowledge, and behavior regarding
                                                approximately 5 minutes (0.08 hours) to                                   of 50 hours. We will use a survey                                             various topics related to health,
                                                complete the cognitive interview                                          screener to select an eligible adult                                          nutrition, physical activity, and product
                                                screener, for a total of 8 hours. We will                                 respondent in each household reached                                          labeling. This ability will help the


                                           VerDate Sep<11>2014         17:32 Nov 08, 2017         Jkt 244001      PO 00000        Frm 00017       Fmt 4703         Sfmt 4703      E:\FR\FM\09NON1.SGM               09NON1


                                                                              Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices                                                52055

                                                Agency identify and respond to                                Landsdown St., North Bethesda, MD                     recalled formula presents a risk to
                                                emerging issues in a more timely                              20852, 301–796–7726, PRAStaff@                        human health, the recalling firm must
                                                manner.                                                       fda.hhs.gov.                                          also request that each establishment that
                                                  Dated: November 6, 2017.                                    SUPPLEMENTARY INFORMATION: In                         sells the recalled formula post (at point
                                                Anna K. Abram,                                                compliance with 44 U.S.C. 3507, FDA                   of purchase) a notice of the recall and
                                                                                                              has submitted the following proposed                  provide FDA with a copy of the notice.
                                                Deputy Commissioner for Policy, Planning,
                                                Legislation, and Analysis.                                    collection of information to OMB for                  Section 107.240 requires the recalling
                                                                                                              review and clearance.                                 firm to conduct an infant formula recall
                                                [FR Doc. 2017–24409 Filed 11–8–17; 8:45 am]
                                                                                                                                                                    with the following elements: (1) Notify
                                                BILLING CODE 4164–01–P                                        Infant Formula Recall Regulations—21                  the appropriate FDA district office of
                                                                                                              CFR 107.230, 107.240, 107.250, 107.260,               the recall by telephone within 24 hours,
                                                                                                              and 107.280, OMB Control Number                       (2) submit a written report to that office
                                                DEPARTMENT OF HEALTH AND                                      0910–0188—Extension
                                                HUMAN SERVICES                                                                                                      within 14 days, and (3) submit a written
                                                                                                                 Section 412(e) of the Federal Food,                status report at least every 14 days until
                                                Food and Drug Administration                                  Drug, and Cosmetic Act (the FD&C Act)                 the recall is terminated. Before
                                                                                                              (21 U.S.C. 350a(e)) provides that if the              terminating a recall, the recalling firm is
                                                [Docket No. FDA–2014–N–1027]                                  manufacturer of an infant formula has                 required to submit a recommendation
                                                                                                              knowledge that reasonably supports the                for termination of the recall to the
                                                Agency Information Collection
                                                                                                              conclusion that an infant formula                     appropriate FDA district office and wait
                                                Activities; Submission for Office of
                                                                                                              processed by that manufacturer has left               for FDA’s written concurrence
                                                Management and Budget Review;
                                                                                                              its control and may not provide the                   (§ 107.250). Where the recall strategy or
                                                Comment Request; Infant Formula
                                                                                                              nutrients required in section 412(i) of               implementation is determined to be
                                                Recall Regulations
                                                                                                              the FD&C Act or is otherwise                          deficient, FDA may require the firm to
                                                AGENCY:    Food and Drug Administration,                      adulterated or misbranded, the                        change the extent of the recall, carry out
                                                HHS.                                                          manufacturer must promptly notify the                 additional effectiveness checks, and
                                                ACTION:    Notice.                                            Secretary of Health and Human Services                issue additional notifications
                                                                                                              (the Secretary). If the Secretary                     (§ 107.260). In addition, to facilitate
                                                SUMMARY:   The Food and Drug                                  determines that the infant formula                    location of the product being recalled,
                                                Administration (FDA or we) is                                 presents a risk to human health, the                  the recalling firm is required to
                                                announcing that a proposed collection                         manufacturer must immediately take all                maintain distribution records for at least
                                                of information has been submitted to the                      actions necessary to recall shipments of              1 year after the expiration of the shelf
                                                Office of Management and Budget                               such infant formula from all wholesale                life of the infant formula (§ 107.280).
                                                (OMB) for review and clearance under                          and retail establishments, consistent                    The reporting and recordkeeping
                                                the Paperwork Reduction Act of 1995.                          with recall regulations and guidelines                requirements described previously are
                                                DATES: Fax written comments on the                            issued by the Secretary. Section                      designed to enable FDA to monitor the
                                                collection of information by December                         412(f)(2) of the FD&C Act states that the             effectiveness of infant formula recalls in
                                                11, 2017.                                                     Secretary shall by regulation prescribe               order to protect babies from infant
                                                ADDRESSES: To ensure that comments on
                                                                                                              the scope and extent of recalls of infant             formula that may be unsafe because of
                                                the information collection are received,                      formula necessary and appropriate for                 contamination, nutritional inadequacy,
                                                OMB recommends that written                                   the degree of risk to human health                    or is otherwise adulterated or
                                                comments be faxed to the Office of                            presented by the formula subject to                   misbranded. FDA uses the information
                                                                                                              recall. FDA’s infant formula recall                   collected under these regulations to
                                                Information and Regulatory Affairs,
                                                                                                              regulations in part 107 (21 CFR part
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                                                                              help ensure that such products are
                                                                                                              107) implement these statutory
                                                395–7285, or emailed to oira_                                                                                       quickly and efficiently removed from
                                                                                                              provisions.
                                                submission@omb.eop.gov. All                                      Section 107.230 requires each                      the market.
                                                comments should be identified with the                        recalling firm to conduct an infant                      In the Federal Register of June 15,
                                                OMB control number 0910–0188. Also                            formula recall with the following                     2017 (82 FR 27509), FDA published a
                                                include the FDA docket number found                           elements: (1) Evaluate the hazard to                  60-day notice requesting public
                                                in brackets in the heading of this                            human health, (2) devise a written recall             comment on the proposed collection of
                                                document.                                                     strategy, (3) promptly notify each                    information. FDA received one
                                                FOR FURTHER INFORMATION CONTACT:    Ila                       affected direct account (customer) about              comment that was unrelated to the
                                                S. Mizrachi, Office of Operations, Food                       the recall, and (4) furnish the                       information collection.
                                                and Drug Administration, Three White                          appropriate FDA district office with                     FDA estimates the burden of this
                                                Flint North, 10A–12M, 11601                                   copies of these documents. If the                     collection of information as follows:

                                                                                                    TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                 Number of                              Average
                                                                                                                               Number of          responses       Total annual
                                                                     21 CFR section/activity                                                                                          burden per    Total hours
                                                                                                                              respondents            per           responses           response
                                                                                                                                                 respondent
sradovich on DSK3GMQ082PROD with NOTICES




                                                107.230;   Elements of an infant formula recall .....................                       2                 1                  2          4,450          8,900
                                                107.240;   Notification requirements ......................................                 2                 1                  2          1,482          2,964
                                                107.250;   Termination of an infant formula recall .................                        2                 1                  2            120            240
                                                107.260;   Revision of an infant formula recall 2 ....................                      1                 1                  1            625            625




                                           VerDate Sep<11>2014    17:32 Nov 08, 2017     Jkt 244001    PO 00000     Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM   09NON1



Document Created: 2018-10-25 10:30:08
Document Modified: 2018-10-25 10:30:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by December 11, 2017.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 52053 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR