82_FR_56843 82 FR 56615 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Recordkeeping and Reporting Requirements for Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing Material From Cattle

82 FR 56615 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Recordkeeping and Reporting Requirements for Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing Material From Cattle

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range56615-56617
FR Document2017-25767

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

Federal Register, Volume 82 Issue 228 (Wednesday, November 29, 2017)
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Notices]
[Pages 56615-56617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25767]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0505]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Recordkeeping and 
Reporting Requirements for Human Food and Cosmetics Manufactured From, 
Processed With, or Otherwise Containing Material From Cattle

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
December 29, 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 0910-0623. 
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.

Recordkeeping and Reporting Requirements for Human Food and Cosmetics 
Manufactured From, Processed With, or Otherwise Containing Material 
From Cattle--21 CFR 189.5 and 700.27

OMB Control Number 0910-0623--Extension

    FDA's regulations in Sec. Sec.  189.5 and 700.27 (21 CFR 189.5 and 
700.27) set forth bovine spongiform encephalopathy (BSE)-related 
restrictions applicable to FDA-regulated human food and cosmetics. The 
regulations designate certain materials from cattle as ``prohibited 
cattle materials,'' including specified risk materials (SRMs), the 
small intestine of cattle not otherwise excluded from being a 
prohibited cattle material, material from nonambulatory disabled 
cattle, and mechanically separated (MS) beef. Sections 189.5(c) and 
700.27(c) set forth the requirements for recordkeeping and records 
access for FDA-regulated human food, including dietary supplements, and 
cosmetics manufactured from, processed with, or otherwise containing 
material derived

[[Page 56616]]

from cattle. FDA issued these recordkeeping regulations under the 
adulteration provisions in sections 402(a)(2)(C), (a)(3), (a)(4), 
(a)(5), 601(c), and 701(a) of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 342(a)(2)(C), (a)(3), (a)(4), (a)(5), 361(c), 
and 371(a)). Under section 701(a) of the FD&C Act, FDA is authorized to 
issue regulations for the FD&C Act's efficient enforcement. With regard 
to records concerning imported human food and cosmetics, FDA relied on 
its authority under sections 701(b) and 801(a) of the FD&C Act (21 
U.S.C. 371(b) and 381(a)). Section 801(a) of the FD&C Act provides 
requirements with regard to imported human food and cosmetics and 
provides for refusal of admission of human food and cosmetics that 
appear to be adulterated into the United States. Section 701(b) of the 
FD&C Act authorizes the Secretaries of Treasury and Health and Human 
Services to jointly prescribe regulations for the efficient enforcement 
of section 801 of the FD&C Act.
    These requirements are necessary because once materials are 
separated from an animal it may not be possible, without records, to 
know the following: (1) Whether cattle material may contain SRMs 
(brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column 
(excluding the vertebrae of the tail, the transverse processes of the 
thoracic and lumbar vertebrae and the wings of the sacrum), and dorsal 
root ganglia from animals 30 months and older and tonsils and distal 
ileum of the small intestine from all animals of all ages); (2) whether 
the source animal for cattle material was inspected and passed; (3) 
whether the source animal for cattle material was nonambulatory 
disabled or MS beef; and (4) whether tallow in human food or cosmetics 
contain less than 0.15 percent insoluble impurities.
    FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) require 
manufacturers and processors of human food and cosmetics manufactured 
from, processed with, or otherwise containing material from cattle 
establish and maintain records sufficient to demonstrate that the human 
food or cosmetics are not manufactured from, processed with, or 
otherwise contains prohibited cattle materials. These records must be 
retained for 2 years at the manufacturing or processing establishment 
or at a reasonably accessible location. Maintenance of electronic 
records is acceptable, and electronic records are considered to be 
reasonably accessible if they are accessible from an onsite location. 
Records required by these sections and existing records relevant to 
compliance with these sections must be available to FDA for inspection 
and copying. Existing records may be used if they contain all of the 
required information and are retained for the required time period.
    Because FDA does not easily have access to records maintained at 
foreign establishments, FDA regulations in Sec. Sec.  189.5(c)(6) and 
700.27(c)(6), respectively, require that when filing for entry with 
U.S. Customs and Border Protection (CBP), the importer of record of 
human food or cosmetics manufactured from, processed with, or otherwise 
containing cattle material must affirm that the human food or cosmetics 
were manufactured from, processed with, or otherwise containing-cattle 
material and must affirm that the human food or cosmetics were 
manufactured in accordance with the applicable requirements of 
Sec. Sec.  189.5 or 700.27. In addition, if human food or cosmetics 
were manufactured from, processed with, or otherwise containing-cattle 
material, the importer of record must provide within 5 business days 
records sufficient to demonstrate that the human food or cosmetics were 
not manufactured from, processed with, or otherwise contains prohibited 
cattle material, if requested.
    Under FDA's regulations, FDA may designate a country from which 
cattle materials inspected and passed for human consumption are not 
considered prohibited cattle materials, and their use does not render 
human food or cosmetics adulterated. Sections 189.5(e) and 700.27(e) 
provide that a country seeking to be designated must send a written 
request to the Director of the Center for Food Safety and Applied 
Nutrition (CFSAN Director). The information the country is required to 
submit includes information about a country's BSE case history, risk 
factors, measures to prevent the introduction and transmission of BSE, 
and any other information relevant to determining whether SRMs, the 
small intestine of cattle not otherwise excluded from being a 
prohibited cattle material, material from nonambulatory disabled 
cattle, or MS beef from the country seeking designation should be 
considered prohibited cattle materials. FDA uses the information to 
determine whether to grant a request for designation and to impose 
conditions if a request is granted.
    Sections 189.5 and 700.27 further state that countries designated 
under Sec. Sec.  189.5(e) and 700.27(e) will be subject to future 
review by FDA to determine whether their designations remain 
appropriate. As part of this process, FDA may ask designated countries 
to confirm their BSE situation and that the information submitted by 
them, in support of their original application, has remained unchanged. 
FDA may revoke a country's designation if FDA determines that it is no 
longer appropriate. Therefore, designated countries may respond to 
periodic FDA requests by submitting information to confirm their 
designations remain appropriate. FDA uses the information to ensure 
their designations remain appropriate.
    Description of Respondents: Respondents to this information 
collection include manufacturers, processors, and importers of FDA 
regulated human food, including dietary supplements, and cosmetics 
manufactured from, processed with, or otherwise containing material 
derived from cattle, as well as, with regard to Sec. Sec.  189.5(e) and 
700.27(e), foreign governments seeking designation under those 
regulations.
    In the Federal Register of June 15, 2017 (82 FR 27501), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received three comments. One comment was 
unrelated to the information collection; one comment noted that the 
length of time to keep records was insufficient but offered no 
suggested timeframe; and one comment supported the information 
collection. After evaluating these comments FDA will not revise the 
information collection.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
               21 CFR section                    Number of     responses per   Total annual          Average burden  per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
189.5(c)(6) and 700.27(c)(6)................          54,825               1          54,825  0.033 (2 minutes).........................           1,809
189.5(e) and 700.27(e); request for                        1               1               1  80........................................              80
 designation.

[[Page 56617]]

 
189.5(e) and 700.27(e); response to request                1               1               1  26........................................              26
 for review by FDA.
                                             ------------------------------------------------                                            ---------------
    Total...................................  ..............  ..............  ..............  ..........................................           1,915
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                  Activity                       Number of      records per    Total annual        Average burden  per recordkeeper         Total hours
                                               recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Domestic facilities.........................             697              52          36,244  0.25 (15 minutes).........................           9,061
Foreign facilities..........................             916              52          47,632  0.25 (15 minutes).........................          11,908
                                             ------------------------------------------------                                            ---------------
    Total...................................  ..............  ..............  ..............  ..........................................          20,969
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 FDA's 
estimate of the number of facilities affected by the final rule 
entitled ``Recordkeeping Requirements for Human Food and Cosmetics 
Manufactured From, Processed With, or Otherwise Containing Material 
From Cattle'' published in the Federal Register of October 11, 2006 (71 
FR 59653).
    Reporting: FDA's regulations in Sec. Sec.  189.5(c)(6) and 
700.27(c)(6) impose a reporting burden on importers of human food and 
cosmetics manufactured from, processed with, or otherwise containing 
cattle material. Importers of these products must affirm that the human 
food or cosmetics are not manufactured from, processed with, or 
otherwise contain prohibited cattle materials and must affirm that the 
human food or cosmetics were manufactured in accordance with the 
applicable requirements of Sec. Sec.  189.5 or 700.27. The affirmation 
is made by the importer of record at CBP entry. Affirmation by 
importers is expected to take approximately 2 minutes per entry line. 
Table 1 shows 54,825 lines of human food and cosmetics likely to 
contain cattle materials are imported annually. The reporting burden of 
affirming whether import entry lines contain cattle-derived materials 
is estimated to take 1,809 hours annually (54,825 lines x 2 minutes per 
line).
    FDA's estimate of the reporting burden for designation under 
Sec. Sec.  189.5 and 700.27 is based on its experience and the average 
number of requests for designation received in the past 3 years. In the 
last 3 years, FDA has not received any requests for designation. Thus, 
FDA estimates that one or fewer will be received annually in the 
future. Based on this experience, FDA estimates the annual number of 
new requests for designation will be one. FDA estimates that preparing 
the information required by Sec. Sec.  189.5 and 700.27 and submitting 
it to FDA in the form of a written request to the CFSAN Director will 
require a burden of approximately 80 hours per request. Thus, the 
burden for new requests for designation is estimated to be 80 hours 
annually, as shown in table 1, row 2.
    Under Sec. Sec.  189.5(e) and 700.27(e), designated countries are 
subject to future review by FDA and may respond to periodic FDA 
requests by submitting information to confirm their designations remain 
appropriate. In the last 3 years, FDA has not requested any reviews. 
Thus, FDA estimates that one or fewer will occur annually in the 
future. FDA estimates that the designated country undergoing a review 
in the future will need one-third of the time it took preparing its 
request for designation to respond to FDA's request for review, or 26 
hours (80 hours x 0.33 = 26.4 hours, rounded to 26). The annual burden 
for reviews is estimated to be 26 hours, as shown in table 1, row 3. 
The total reporting burden for this information collection is estimated 
to be 1,915 hours annually.
    Recordkeeping: FDA estimates that there are 697 domestic facility 
relationships and 916 foreign facility relationships consisting of the 
following facilities: An input supplier of cattle-derived materials 
that requires records (the upstream facility) and a purchaser of 
cattle-derived materials requiring documentation (this may be a human 
food or cosmetics manufacturer or processor). The recordkeeping burden 
of FDA's regulations in Sec. Sec.  189.5(c) and 700.27(c) is the burden 
of sending, verifying, and storing documents regarding shipments of 
cattle material that is to be used in human food and cosmetics.
    In this estimate of the recordkeeping burden, FDA treats these 
recordkeeping activities as shared activities between the upstream and 
downstream facilities. It is in the best interests of both facilities 
in the relationship to share the burden necessary to comply with the 
regulations; therefore, FDA estimates the time burden of developing 
these records as a joint task between the two facilities. Thus, FDA 
estimates that this recordkeeping burden will be about 15 minutes per 
week, or 13 hours per year, and FDA assumes that the recordkeeping 
burden will be shared between two entities (i.e., the ingredient 
supplier and the manufacturer of finished products). Therefore, the 
total recordkeeping burden for domestic facilities is estimated to be 
9,061 hours (13 hours x 697), and the total recordkeeping burden for 
foreign facilities is estimated to be 11,908 hours (13 hours x 916), as 
shown in table 2.

    Dated: November 24, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-25767 Filed 11-28-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices                                           56615

                                                Reduced may be stored at ¥18 °C or                        This determination of the regulatory                ACTION:   Notice.
                                                colder for up to 1 year after collection.               review period establishes the maximum
                                                   • Preparation of Plasma Frozen                       potential length of a patent extension.               SUMMARY:   The Food and Drug
                                                within 24 hours after Phlebotomy                        However, the USPTO applies several                    Administration (FDA) is announcing
                                                (PF24), Leukocytes Reduced prepared                     statutory limitations in its calculations             that a proposed collection of
                                                from a whole blood collection. The                      of the actual period for patent extension.            information has been submitted to the
                                                product can be held at room                             In its application for patent extension,              Office of Management and Budget
                                                temperature up to 8 hours after                         this applicant seeks 894 days of patent               (OMB) for review and clearance under
                                                collection, refrigerated at 1 to 6 °C until             term extension.                                       the Paperwork Reduction Act of 1995.
                                                separated, and placed at ¥18 °C or                      III. Petitions
                                                                                                                                                              DATES: Fax written comments on the
                                                below within 24 hours of whole blood                                                                          collection of information by December
                                                collection. PF24, Leukocytes Reduced                       Anyone with knowledge that any of                  29, 2017.
                                                may be stored at ¥18 °C or colder for                   the dates as published are incorrect may              ADDRESSES: To ensure that comments on
                                                up to 1 year after collection.                          submit either electronic or written                   the information collection are received,
                                                   Subsequent to this approval, the                     comments and, under 21 CFR 60.24, ask                 OMB recommends that written
                                                USPTO received a patent term                            for a redetermination (see DATES).                    comments be faxed to the Office of
                                                restoration application for SOLX                        Furthermore, as specified in § 60.30 (21              Information and Regulatory Affairs,
                                                SYSTEM (U.S. Patent No. 6,150,085)                      CFR 60.30), any interested person may                 OMB, Attn: FDA Desk Officer, Fax: 202–
                                                from Haemonetics Corporation, and the                   petition FDA for a determination                      395–7285, or emailed to oira_
                                                USPTO requested FDA’s assistance in                     regarding whether the applicant for                   submission@omb.eop.gov. All
                                                determining this patent’s eligibility for               extension acted with due diligence                    comments should be identified with the
                                                patent term restoration. In a letter dated              during the regulatory review period. To               OMB control number 0910–0623. Also,
                                                November 5, 2015, FDA advised the                       meet its burden, the petition must                    include the FDA docket number found
                                                USPTO that this human drug product                      comply with all the requirements of                   in brackets in the heading of this
                                                had undergone a regulatory review                       § 60.30, including but not limited to:                document.
                                                period and that the approval of SOLX                    Must be timely (see DATES), must be
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:    Ila
                                                SYSTEM represented the first permitted                  filed in accordance with § 10.20, must
                                                                                                                                                              S. Mizrachi, Office of Operations, Food
                                                commercial marketing or use of the                      contain sufficient facts to merit an FDA
                                                                                                                                                              and Drug Administration, Three White
                                                product. Thereafter, the USPTO                          investigation, and must certify that a
                                                                                                                                                              Flint North, 10A–12M, 11601
                                                requested that FDA determine the                        true and complete copy of the petition
                                                                                                                                                              Landsdown St., North Bethesda, MD
                                                product’s regulatory review period.                     has been served upon the patent
                                                                                                                                                              20852, 301–796–7726, PRAStaff@
                                                                                                        applicant. (See H. Rept. 857, part 1, 98th
                                                II. Determination of Regulatory Review                                                                        fda.hhs.gov.
                                                                                                        Cong., 2d sess., pp. 41–42, 1984.)
                                                Period                                                  Petitions should be in the format                     SUPPLEMENTARY INFORMATION:    In
                                                  FDA has determined that the                           specified in 21 CFR 10.30.                            compliance with 44 U.S.C. 3507, FDA
                                                applicable regulatory review period for                    Submit petitions electronically to                 has submitted the following proposed
                                                SOLX SYSTEM is 1,250 days. Of this                      https://www.regulations.gov at Docket                 collection of information to OMB for
                                                time, 708 days occurred during the                      No. FDA–2013–S–0610. Submit written                   review and clearance.
                                                testing phase of the regulatory review                  petitions (two copies are required) to the            Recordkeeping and Reporting
                                                period, while 542 days occurred during                  Dockets Management Staff (HFA–305),                   Requirements for Human Food and
                                                the approval phase. These periods of                    Food and Drug Administration, 5630                    Cosmetics Manufactured From,
                                                time were derived from the following                    Fishers Lane, Rm. 1061, Rockville, MD                 Processed With, or Otherwise
                                                dates:                                                  20852.                                                Containing Material From Cattle—21
                                                  1. The date an exemption under                          Dated: November 24, 2017.                           CFR 189.5 and 700.27
                                                section 505(i) of the Federal Food, Drug,               Leslie Kux,
                                                and Cosmetic Act (the FD&C Act) (21                                                                           OMB Control Number 0910–0623—
                                                                                                        Associate Commissioner for Policy.
                                                U.S.C. 355(i)) became effective:                                                                              Extension
                                                                                                        [FR Doc. 2017–25773 Filed 11–28–17; 8:45 am]
                                                November 24, 2009. The applicant                                                                                 FDA’s regulations in §§ 189.5 and
                                                                                                        BILLING CODE 4164–01–P
                                                claims November 25, 2009, as the date                                                                         700.27 (21 CFR 189.5 and 700.27) set
                                                the investigational new drug application                                                                      forth bovine spongiform
                                                (IND) became effective. However, FDA                    DEPARTMENT OF HEALTH AND                              encephalopathy (BSE)-related
                                                records indicate that the IND effective                 HUMAN SERVICES                                        restrictions applicable to FDA-regulated
                                                date was November 24, 2009, which was                                                                         human food and cosmetics. The
                                                30 days after FDA receipt of the IND.                   Food and Drug Administration                          regulations designate certain materials
                                                  2. The date the application was                                                                             from cattle as ‘‘prohibited cattle
                                                initially submitted with respect to the                 [Docket No. FDA–2009–N–0505]                          materials,’’ including specified risk
                                                human drug product under section                                                                              materials (SRMs), the small intestine of
                                                                                                        Agency Information Collection
                                                505(b) of the FD&C Act: November 1,                                                                           cattle not otherwise excluded from
                                                                                                        Activities; Submission for Office of
                                                2011. FDA has verified the applicant’s                                                                        being a prohibited cattle material,
                                                                                                        Management and Budget Review;
                                                claim that the new drug application                                                                           material from nonambulatory disabled
                                                                                                        Comment Request; Recordkeeping
pmangrum on DSK3GDR082PROD with NOTICES1




                                                (NDA) for SOLX SYSTEM (NDA                                                                                    cattle, and mechanically separated (MS)
                                                                                                        and Reporting Requirements for
                                                BN110059) was initially submitted on                                                                          beef. Sections 189.5(c) and 700.27(c) set
                                                                                                        Human Food and Cosmetics
                                                November 1, 2011.                                                                                             forth the requirements for recordkeeping
                                                                                                        Manufactured From, Processed With,
                                                  3. The date the application was                       or Otherwise Containing Material From                 and records access for FDA-regulated
                                                approved: April 25, 2013. FDA has                       Cattle                                                human food, including dietary
                                                verified the applicant’s claim that NDA                                                                       supplements, and cosmetics
                                                BN110059 was approved on April 25,                      AGENCY:    Food and Drug Administration,              manufactured from, processed with, or
                                                2013.                                                   HHS.                                                  otherwise containing material derived


                                           VerDate Sep<11>2014   15:19 Nov 28, 2017   Jkt 241001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                56616                       Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices

                                                from cattle. FDA issued these                                 or processing establishment or at a                   cattle not otherwise excluded from
                                                recordkeeping regulations under the                           reasonably accessible location.                       being a prohibited cattle material,
                                                adulteration provisions in sections                           Maintenance of electronic records is                  material from nonambulatory disabled
                                                402(a)(2)(C), (a)(3), (a)(4), (a)(5), 601(c),                 acceptable, and electronic records are                cattle, or MS beef from the country
                                                and 701(a) of the Federal Food, Drug,                         considered to be reasonably accessible if             seeking designation should be
                                                and Cosmetic Act (the FD&C Act) (21                           they are accessible from an onsite                    considered prohibited cattle materials.
                                                U.S.C. 342(a)(2)(C), (a)(3), (a)(4), (a)(5),                  location. Records required by these                   FDA uses the information to determine
                                                361(c), and 371(a)). Under section 701(a)                     sections and existing records relevant to             whether to grant a request for
                                                of the FD&C Act, FDA is authorized to                         compliance with these sections must be                designation and to impose conditions if
                                                issue regulations for the FD&C Act’s                          available to FDA for inspection and                   a request is granted.
                                                efficient enforcement. With regard to                         copying. Existing records may be used
                                                                                                                                                                       Sections 189.5 and 700.27 further
                                                records concerning imported human                             if they contain all of the required
                                                                                                                                                                    state that countries designated under
                                                food and cosmetics, FDA relied on its                         information and are retained for the
                                                                                                                                                                    §§ 189.5(e) and 700.27(e) will be subject
                                                authority under sections 701(b) and                           required time period.
                                                                                                                 Because FDA does not easily have                   to future review by FDA to determine
                                                801(a) of the FD&C Act (21 U.S.C. 371(b)
                                                                                                              access to records maintained at foreign               whether their designations remain
                                                and 381(a)). Section 801(a) of the FD&C
                                                                                                              establishments, FDA regulations in                    appropriate. As part of this process,
                                                Act provides requirements with regard
                                                                                                              §§ 189.5(c)(6) and 700.27(c)(6),                      FDA may ask designated countries to
                                                to imported human food and cosmetics
                                                                                                              respectively, require that when filing for            confirm their BSE situation and that the
                                                and provides for refusal of admission of
                                                human food and cosmetics that appear                          entry with U.S. Customs and Border                    information submitted by them, in
                                                to be adulterated into the United States.                     Protection (CBP), the importer of record              support of their original application, has
                                                Section 701(b) of the FD&C Act                                of human food or cosmetics                            remained unchanged. FDA may revoke
                                                authorizes the Secretaries of Treasury                        manufactured from, processed with, or                 a country’s designation if FDA
                                                and Health and Human Services to                              otherwise containing cattle material                  determines that it is no longer
                                                jointly prescribe regulations for the                         must affirm that the human food or                    appropriate. Therefore, designated
                                                efficient enforcement of section 801 of                       cosmetics were manufactured from,                     countries may respond to periodic FDA
                                                the FD&C Act.                                                 processed with, or otherwise                          requests by submitting information to
                                                   These requirements are necessary                           containing-cattle material and must                   confirm their designations remain
                                                because once materials are separated                          affirm that the human food or cosmetics               appropriate. FDA uses the information
                                                from an animal it may not be possible,                        were manufactured in accordance with                  to ensure their designations remain
                                                without records, to know the following:                       the applicable requirements of §§ 189.5               appropriate.
                                                (1) Whether cattle material may contain                       or 700.27. In addition, if human food or                 Description of Respondents:
                                                SRMs (brain, skull, eyes, trigeminal                          cosmetics were manufactured from,                     Respondents to this information
                                                ganglia, spinal cord, vertebral column                        processed with, or otherwise                          collection include manufacturers,
                                                (excluding the vertebrae of the tail, the                     containing-cattle material, the importer              processors, and importers of FDA
                                                transverse processes of the thoracic and                      of record must provide within 5                       regulated human food, including dietary
                                                lumbar vertebrae and the wings of the                         business days records sufficient to                   supplements, and cosmetics
                                                sacrum), and dorsal root ganglia from                         demonstrate that the human food or                    manufactured from, processed with, or
                                                animals 30 months and older and                               cosmetics were not manufactured from,                 otherwise containing material derived
                                                tonsils and distal ileum of the small                         processed with, or otherwise contains                 from cattle, as well as, with regard to
                                                intestine from all animals of all ages);                      prohibited cattle material, if requested.             §§ 189.5(e) and 700.27(e), foreign
                                                (2) whether the source animal for cattle                         Under FDA’s regulations, FDA may                   governments seeking designation under
                                                material was inspected and passed; (3)                        designate a country from which cattle                 those regulations.
                                                whether the source animal for cattle                          materials inspected and passed for
                                                                                                              human consumption are not considered                     In the Federal Register of June 15,
                                                material was nonambulatory disabled or
                                                                                                              prohibited cattle materials, and their use            2017 (82 FR 27501), FDA published a
                                                MS beef; and (4) whether tallow in
                                                                                                              does not render human food or                         60-day notice requesting public
                                                human food or cosmetics contain less
                                                                                                              cosmetics adulterated. Sections 189.5(e)              comment on the proposed collection of
                                                than 0.15 percent insoluble impurities.
                                                   FDA’s regulations in §§ 189.5(c) and                       and 700.27(e) provide that a country                  information. FDA received three
                                                700.27(c) require manufacturers and                           seeking to be designated must send a                  comments. One comment was unrelated
                                                processors of human food and cosmetics                        written request to the Director of the                to the information collection; one
                                                manufactured from, processed with, or                         Center for Food Safety and Applied                    comment noted that the length of time
                                                otherwise containing material from                            Nutrition (CFSAN Director). The                       to keep records was insufficient but
                                                cattle establish and maintain records                         information the country is required to                offered no suggested timeframe; and one
                                                sufficient to demonstrate that the                            submit includes information about a                   comment supported the information
                                                human food or cosmetics are not                               country’s BSE case history, risk factors,             collection. After evaluating these
                                                manufactured from, processed with, or                         measures to prevent the introduction                  comments FDA will not revise the
                                                otherwise contains prohibited cattle                          and transmission of BSE, and any other                information collection.
                                                materials. These records must be                              information relevant to determining                      FDA estimates the burden of this
                                                retained for 2 years at the manufacturing                     whether SRMs, the small intestine of                  collection of information as follows:
pmangrum on DSK3GDR082PROD with NOTICES1




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

                                                189.5(c)(6) and 700.27(c)(6) ....................................           54,825                     1          54,825     0.033 (2 minutes) ......                   1,809
                                                189.5(e) and 700.27(e); request for designation .....                            1                     1               1     80 ..............................             80




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                                                                                 Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices                                                                                                56617

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

                                                189.5(e) and 700.27(e); response to request for re-                                                   1                          1                          1     26 ..............................                26
                                                  view by FDA.

                                                      Total ..................................................................   ........................   ........................   ........................   ....................................          1,915
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

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

                                                Domestic facilities ....................................................                           697                          52                  36,244        0.25 (15 minutes) ......                      9,061
                                                Foreign facilities .......................................................                         916                          52                  47,632        0.25 (15 minutes) ......                     11,908

                                                      Total ..................................................................   ........................   ........................   ........................   ....................................         20,969
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Except where otherwise noted, this                                     on this experience, FDA estimates the                                        700.27(c) is the burden of sending,
                                                estimate is based on FDA’s estimate of                                    annual number of new requests for                                            verifying, and storing documents
                                                the number of facilities affected by the                                  designation will be one. FDA estimates                                       regarding shipments of cattle material
                                                final rule entitled ‘‘Recordkeeping                                       that preparing the information required                                      that is to be used in human food and
                                                Requirements for Human Food and                                           by §§ 189.5 and 700.27 and submitting                                        cosmetics.
                                                Cosmetics Manufactured From,                                              it to FDA in the form of a written
                                                                                                                                                                                                          In this estimate of the recordkeeping
                                                Processed With, or Otherwise                                              request to the CFSAN Director will
                                                Containing Material From Cattle’’                                         require a burden of approximately 80                                         burden, FDA treats these recordkeeping
                                                published in the Federal Register of                                      hours per request. Thus, the burden for                                      activities as shared activities between
                                                October 11, 2006 (71 FR 59653).                                           new requests for designation is                                              the upstream and downstream facilities.
                                                   Reporting: FDA’s regulations in                                        estimated to be 80 hours annually, as                                        It is in the best interests of both facilities
                                                §§ 189.5(c)(6) and 700.27(c)(6) impose a                                  shown in table 1, row 2.                                                     in the relationship to share the burden
                                                reporting burden on importers of human                                       Under §§ 189.5(e) and 700.27(e),                                          necessary to comply with the
                                                food and cosmetics manufactured from,                                     designated countries are subject to                                          regulations; therefore, FDA estimates
                                                processed with, or otherwise containing                                   future review by FDA and may respond                                         the time burden of developing these
                                                cattle material. Importers of these                                       to periodic FDA requests by submitting                                       records as a joint task between the two
                                                products must affirm that the human                                       information to confirm their                                                 facilities. Thus, FDA estimates that this
                                                food or cosmetics are not manufactured                                    designations remain appropriate. In the                                      recordkeeping burden will be about 15
                                                from, processed with, or otherwise                                        last 3 years, FDA has not requested any                                      minutes per week, or 13 hours per year,
                                                contain prohibited cattle materials and                                   reviews. Thus, FDA estimates that one                                        and FDA assumes that the
                                                must affirm that the human food or                                        or fewer will occur annually in the                                          recordkeeping burden will be shared
                                                cosmetics were manufactured in                                            future. FDA estimates that the                                               between two entities (i.e., the ingredient
                                                accordance with the applicable                                            designated country undergoing a review                                       supplier and the manufacturer of
                                                requirements of §§ 189.5 or 700.27. The                                   in the future will need one-third of the                                     finished products). Therefore, the total
                                                affirmation is made by the importer of                                    time it took preparing its request for
                                                                                                                                                                                                       recordkeeping burden for domestic
                                                record at CBP entry. Affirmation by                                       designation to respond to FDA’s request
                                                                                                                                                                                                       facilities is estimated to be 9,061 hours
                                                importers is expected to take                                             for review, or 26 hours (80 hours × 0.33
                                                approximately 2 minutes per entry line.                                   = 26.4 hours, rounded to 26). The                                            (13 hours × 697), and the total
                                                Table 1 shows 54,825 lines of human                                       annual burden for reviews is estimated                                       recordkeeping burden for foreign
                                                food and cosmetics likely to contain                                      to be 26 hours, as shown in table 1, row                                     facilities is estimated to be 11,908 hours
                                                cattle materials are imported annually.                                   3. The total reporting burden for this                                       (13 hours × 916), as shown in table 2.
                                                The reporting burden of affirming                                         information collection is estimated to be                                      Dated: November 24, 2017.
                                                whether import entry lines contain                                        1,915 hours annually.                                                        Leslie Kux,
                                                cattle-derived materials is estimated to                                     Recordkeeping: FDA estimates that
                                                                                                                                                                                                       Associate Commissioner for Policy.
                                                take 1,809 hours annually (54,825 lines                                   there are 697 domestic facility
                                                                                                                                                                                                       [FR Doc. 2017–25767 Filed 11–28–17; 8:45 am]
                                                × 2 minutes per line).                                                    relationships and 916 foreign facility
                                                   FDA’s estimate of the reporting                                        relationships consisting of the following                                    BILLING CODE 4164–01–P
pmangrum on DSK3GDR082PROD with NOTICES1




                                                burden for designation under §§ 189.5                                     facilities: An input supplier of cattle-
                                                and 700.27 is based on its experience                                     derived materials that requires records
                                                and the average number of requests for                                    (the upstream facility) and a purchaser
                                                designation received in the past 3 years.                                 of cattle-derived materials requiring
                                                In the last 3 years, FDA has not received                                 documentation (this may be a human
                                                any requests for designation. Thus, FDA                                   food or cosmetics manufacturer or
                                                estimates that one or fewer will be                                       processor). The recordkeeping burden of
                                                received annually in the future. Based                                    FDA’s regulations in §§ 189.5(c) and


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Document Created: 2017-11-29 01:26:46
Document Modified: 2017-11-29 01:26:46
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 29, 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 56615 

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