83_FR_14055 83 FR 13992 - Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations Under the Federal Import Milk Act

83 FR 13992 - Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations Under the Federal Import Milk Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 63 (April 2, 2018)

Page Range13992-13994
FR Document2018-06595

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

Federal Register, Volume 83 Issue 63 (Monday, April 2, 2018)
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Notices]
[Pages 13992-13994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06595]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0369]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Regulations Under the Federal Import Milk Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Submit either electronic or written comments on the collection 
of information by June 1, 2018.

ADDRESSES: You may submit comments as follows: Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before June 1, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of June 1, 2018. Comments received by 
mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2012-N-0369 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Regulations under the Federal 
Import Milk Act.'' Received comments, those filed in a timely manner 
(see ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available

[[Page 13993]]

for public viewing and posted on https://www.regulations.gov. Submit 
both copies to the Dockets Management Staff. If you do not wish your 
name and contact information to be made publicly available, you can 
provide this information on the cover sheet and not in the body of your 
comments and you must identify this information as ``confidential.'' 
Any information marked as ``confidential'' will not be disclosed except 
in accordance with 21 CFR 10.20 and other applicable disclosure law. 
For more information about FDA's posting of comments to public dockets, 
see 80 FR 56469, September 18, 2015, or access the information at: 
https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
PRAStaff@fda.hhs.gov.

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

Regulations Under the Federal Import Milk Act (FIMA)--21 CFR Part 1210

OMB Control Number 0910-0212--Extension

    Under FIMA (21 U.S.C. 141-149), milk or cream may be imported into 
the United States only by the holder of a valid import milk permit (21 
U.S.C. 141). Before such permit is issued: (1) All cows from which 
import milk or cream is produced must be physically examined and found 
healthy; (2) if the milk or cream is imported raw, all such cows must 
pass a tuberculin test; (3) the dairy farm and each plant in which the 
milk or cream is processed or handled must be inspected and found to 
meet certain sanitary requirements; (4) bacterial counts of the milk at 
the time of importation must not exceed specified limits; and (5) the 
temperature of the milk or cream at time of importation must not exceed 
50 [deg]F (21 U.S.C. 142).
    Our regulations in part 1210 (21 CFR part 1210), implement the 
provisions of FIMA. Sections 1210.11 and 1210.14 require reports on the 
sanitary conditions of, respectively, dairy farms and plants producing 
milk and/or cream to be shipped to the United States. Section 1210.12 
requires reports on the physical examination of herds, while Sec.  
1210.13 requires the reporting of tuberculin testing of the herds. In 
addition, the regulations in part 1210 require that dairy farmers and 
plants maintain pasteurization records (Sec.  1210.15) and that each 
container of milk or cream imported into the United States bear a tag 
with the product type, permit number, and shipper's name and address 
(Sec.  1210.22). Section 1210.20 requires that an application for a 
permit to ship or transport milk or cream into the United States be 
made by the actual shipper. Section 1210.23 allows permits to be 
granted based on certificates from accredited officials.
    We estimate the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of
       21 CFR section                Form FDA No.            Number of     responses per   Total annual     Average burden per response     Total hours
                                                            respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.11....................  1996/Farm Inspection Report               2             200             400  1.5...........................             600
1210.12....................  1995/Report of Physical                   1               1               1  .5 (30 minutes)...............              .5
                              Examination of Cows.
1210.13....................  1994/Report of Tuberculin                 1               1               1  .5 (30 minutes)...............              .5
                              Tests of Cattle.
1210.14....................  1997/Score Card for                       2               1               2  2.............................               4
                              Sanitation Inspections of
                              Milk Plants.
1210.20....................  1993/Application for Permit               2               1               2  .5 (30 minutes)...............               1
                              to Ship or Transport Milk
                              and/or Cream into US.
1210.23....................  1815/Certificate/                         2               1               2  .5 (30 minutes)...............               1
                              Transmittal for an
                              Application.
                                                         -----------------------------------------------------------------------------------------------
    Total..................  ...........................  ..............  ..............  ..............  ..............................             607
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


[[Page 13994]]


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Number of
             21 CFR section                 Number of      records per    Total annual          Average burden per                  Total hours
                                          recordkeepers   recordkeeper       records              recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.15................................               2               1               2  .05 (3 minutes)................  .10 (6 minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Upon review of the information collection, we have retained the 
currently approved estimated burden. The estimated number of 
respondents and hours per response are based on our experience with the 
import milk permit program and the average number of import milk permit 
holders over the past 3 years. Assuming two respondents will submit 
approximately 200 Form FDA 1996 reports annually for a total of 600 
responses, and that each response requires 1.5 hours, we estimate the 
total burden is 600 hours.
    The Secretary of Health and Human Services has the discretion to 
allow Form FDA 1815, a duly certified statement signed by an accredited 
official of a foreign government, to be submitted in lieu of Forms FDA 
1994 and 1995. To date, Form FDA 1815 has been submitted in lieu of 
these forms. Because we have not received any Forms FDA 1994 or 1995 in 
the last 3 years, we assume no more than one will be submitted 
annually. We also assume each submission requires 0.5 hour for a total 
of 0.5 burden hour annually.
    We estimate that two respondents will submit one Form FDA 1997 
report annually, for a total of two responses. We estimate the 
reporting burden to be 2.0 hours per response, for a total burden of 4 
hours. We estimate that two respondents will submit one Form FDA 1993 
report annually, for a total of two responses. We estimate the 
reporting burden to be 0.5 hour per response, for a total burden of 1 
hour. We estimate that two respondents will submit one Form FDA 1815 
report annually, for a total of two responses. We estimate the 
reporting burden to be 0.5 hour per response, for a total burden of 1 
hour.
    With regard to records maintenance, we estimate that approximately 
two recordkeepers will spend 0.05 hour annually maintaining the 
additional pasteurization records required by Sec.  1210.15, for a 
total of 0.10 hour annually.
    No burden has been estimated for the tagging requirement in Sec.  
1210.22 because the information on the tag is either supplied by us 
(permit number) or is disclosed to third parties as a usual and 
customary part of the shipper's normal business activities (type of 
product, shipper's name and address). Under 5 CFR 1320.3(c)(2), the 
public disclosure of information originally supplied by the Federal 
Government to the recipient for the purpose of disclosure to the public 
is not subject to review by the Office of Management and Budget under 
the Paperwork Reduction Act. Under 5 CFR 1320.3(b)(2)), the time, 
effort, and financial resources necessary to comply with a collection 
of information are excluded from the burden estimate if the reporting, 
recordkeeping, or disclosure activities needed to comply are usual and 
customary because they would occur in the normal course of business 
activities.

    Dated: March 27, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06595 Filed 3-30-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               13992                           Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices

                                               Evaluation and Research and Center for                    Dated: March 22, 2018.                              comment will be made public, you are
                                               Biologics and Research committed to                     Leslie Kux,                                           solely responsible for ensuring that your
                                               further our efforts to enhance benefit-                 Associate Commissioner for Policy.                    comment does not include any
                                               risk assessment and communication in                    [FR Doc. 2018–06531 Filed 3–30–18; 8:45 am]           confidential information that you or a
                                               the human drug review process in FY                     BILLING CODE 4164–01–P                                third party may not wish to be posted,
                                               2013–2017. Enhancing and                                                                                      such as medical information, your or
                                               communicating benefit-risk assessment                                                                         anyone else’s Social Security number, or
                                               continues to be an Agency priority in                   DEPARTMENT OF HEALTH AND                              confidential business information, such
                                               PDUFA VI. The draft plan describes the                  HUMAN SERVICES                                        as a manufacturing process. Please note
                                                                                                                                                             that if you include your name, contact
                                               progress made on PDUFA V in benefit-
                                                                                                       Food and Drug Administration                          information, or other information that
                                               risk assessment. This progress includes
                                                                                                       [Docket No. FDA–2012–N–0369]                          identifies you in the body of your
                                               revision of FDA’s review/decision                                                                             comments, that information will be
                                               templates and manuals to incorporate                                                                          posted on https://www.regulations.gov.
                                                                                                       Agency Information Collection
                                               FDA’s approach to benefit-risk                                                                                  • If you want to submit a comment
                                                                                                       Activities; Proposed Collection;
                                               assessment, training review and                                                                               with confidential information that you
                                                                                                       Comment Request; Regulations Under
                                               management of staff on the revised                      the Federal Import Milk Act                           do not wish to be made available to the
                                               templates and manuals, developing an                                                                          public, submit the comment as a
                                               evaluation plan to ascertain the impact                 AGENCY:    Food and Drug Administration,              written/paper submission and in the
                                               of FDA’s implementation of the Benefit-                 HHS.                                                  manner detailed (see ‘‘Written/Paper
                                               Risk Framework in drug review, holding                  ACTION:   Notice.                                     Submissions’’ and ‘‘Instructions’’).
                                               two public workshops on benefit-risk                                                                          Written/Paper Submissions
                                                                                                       SUMMARY:   The Food and Drug
                                               considerations from the regulator’s                     Administration (FDA or Agency) is
                                               perspective, and advancing FDA’s                                                                                 Submit written/paper submissions as
                                                                                                       announcing an opportunity for public                  follows:
                                               Patient-Focused Drug Development                        comment on the proposed collection of                    • Mail/Hand Delivery/Courier (for
                                               initiative. This draft plan also                        certain information by the Agency.                    written/paper submissions): Dockets
                                               summarizes the third-party evaluation                   Under the Paperwork Reduction Act of                  Management Staff (HFA–305), Food and
                                               of FDA’s implementation of the Benefit-                 1995 (PRA), Federal Agencies are                      Drug Administration, 5630 Fishers
                                               Risk Framework into FDA’s new drug                      required to publish notice in the                     Lane, Rm. 1061, Rockville, MD 20852.
                                               review.                                                 Federal Register concerning each                         • For written/paper comments
                                                  The plan also includes an overview of                proposed collection of information,                   submitted to the Dockets Management
                                               FDA’s commitments in PDUFA VI for                       including each proposed extension of an               Staff, FDA will post your comment, as
                                               continued implementation of structured                  existing collection of information, and               well as any attachments, except for
                                               benefit-risk assessment during FY 2018–                 to allow 60 days for public comment in                information submitted, marked and
                                               2022. These commitments include                         response to the notice. This notice                   identified, as confidential, if submitted
                                               participating in a meeting to gather                    solicits comments on the reporting and                as detailed in ‘‘Instructions.’’
                                                                                                       recordkeeping requirements of our                        Instructions: All submissions received
                                               stakeholder input on key topics,
                                                                                                       regulations implementing the Federal                  must include the Docket No. FDA–
                                               publishing a draft guidance on benefit-
                                                                                                       Import Milk Act (FIMA).                               2012–N–0369 for ‘‘Agency Information
                                               risk assessment for new drugs and
                                                                                                       DATES: Submit either electronic or                    Collection Activities; Proposed
                                               biologics, continuing to revise relevant
                                                                                                       written comments on the collection of                 Collection; Comment Request;
                                               Manuals for Policies and Procedures                                                                           Regulations under the Federal Import
                                                                                                       information by June 1, 2018.
                                               and Standard Operating Practices and                                                                          Milk Act.’’ Received comments, those
                                                                                                       ADDRESSES: You may submit comments
                                               Procedures to incorporate benefit-risk                                                                        filed in a timely manner (see
                                                                                                       as follows: Please note that late,
                                               assessment approaches, and conducting                                                                         ADDRESSES), will be placed in the docket
                                                                                                       untimely filed comments will not be
                                               a second evaluation of the                                                                                    and, except for those submitted as
                                                                                                       considered. Electronic comments must
                                               implementation of the Benefit-Risk                      be submitted on or before June 1, 2018.               ‘‘Confidential Submissions,’’ publicly
                                               Framework beginning in 2021. In                         The https://www.regulations.gov                       viewable at https://www.regulations.gov
                                               addition to these commitments, FDA                      electronic filing system will accept                  or at the Dockets Management Staff
                                               also plans to explore additional                        comments until midnight Eastern Time                  between 9 a.m. and 4 p.m., Monday
                                               opportunities to enhance our use and                    at the end of June 1, 2018. Comments                  through Friday.
                                               communication of benefit-risk                           received by mail/hand delivery/courier                   • Confidential Submissions—To
                                               assessments.                                            (for written/paper submissions) will be               submit a comment with confidential
                                                                                                       considered timely if they are                         information that you do not wish to be
                                               III. Electronic Access                                                                                        made publicly available, submit your
                                                                                                       postmarked or the delivery service
                                                  FDA has published the draft plan on                  acceptance receipt is on or before that               comments only as a written/paper
                                               its website: https://www.fda.gov/                       date.                                                 submission. You should submit two
                                                                                                                                                             copies total. One copy will include the
                                               ForIndustry/UserFees/Prescription                       Electronic Submissions                                information you claim to be confidential
                                               DrugUserFee/ucm326192.htm. The
                                                                                                         Submit electronic comments in the                   with a heading or cover note that states
                                               period for public comment on the draft                                                                        ‘‘THIS DOCUMENT CONTAINS
                                                                                                       following way:
daltland on DSKBBV9HB2PROD with NOTICES




                                               plan will remain open for 60 days                         • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                               following the publication of this notice.               https://www.regulations.gov. Follow the               Agency will review this copy, including
                                               After consideration of public comments,                 instructions for submitting comments.                 the claimed confidential information, in
                                               FDA will finalize the plan. Throughout                  Comments submitted electronically,                    its consideration of comments. The
                                               PDUFA VI, the Agency will update the                    including attachments, to https://                    second copy, which will have the
                                               plan as necessary and post all updates                  www.regulations.gov will be posted to                 claimed confidential information
                                               on FDA’s website.                                       the docket unchanged. Because your                    redacted/blacked out, will be available


                                          VerDate Sep<11>2014   19:06 Mar 30, 2018   Jkt 244001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\02APN1.SGM   02APN1


                                                                                      Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices                                                                                               13993

                                               for public viewing and posted on                                       in 44 U.S.C. 3502(3) and 5 CFR                                               valid import milk permit (21 U.S.C.
                                               https://www.regulations.gov. Submit                                    1320.3(c) and includes Agency requests                                       141). Before such permit is issued: (1)
                                               both copies to the Dockets Management                                  or requirements that members of the                                          All cows from which import milk or
                                               Staff. If you do not wish your name and                                public submit reports, keep records, or                                      cream is produced must be physically
                                               contact information to be made publicly                                provide information to a third party.                                        examined and found healthy; (2) if the
                                               available, you can provide this                                        Section 3506(c)(2)(A) of the PRA (44                                         milk or cream is imported raw, all such
                                               information on the cover sheet and not                                 U.S.C. 3506(c)(2)(A)) requires Federal                                       cows must pass a tuberculin test; (3) the
                                               in the body of your comments and you                                   Agencies to provide a 60-day notice in                                       dairy farm and each plant in which the
                                               must identify this information as                                      the Federal Register concerning each                                         milk or cream is processed or handled
                                               ‘‘confidential.’’ Any information marked                               proposed collection of information,                                          must be inspected and found to meet
                                               as ‘‘confidential’’ will not be disclosed                              including each proposed extension of an                                      certain sanitary requirements; (4)
                                               except in accordance with 21 CFR 10.20                                 existing collection of information,                                          bacterial counts of the milk at the time
                                               and other applicable disclosure law. For                               before submitting the collection to OMB                                      of importation must not exceed
                                               more information about FDA’s posting                                   for approval. To comply with this                                            specified limits; and (5) the temperature
                                               of comments to public dockets, see 80                                  requirement, FDA is publishing notice                                        of the milk or cream at time of
                                               FR 56469, September 18, 2015, or access                                of the proposed collection of                                                importation must not exceed 50 °F (21
                                               the information at: https://www.gpo.gov/                               information set forth in this document.                                      U.S.C. 142).
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                                         With respect to the following
                                                                                                                      collection of information, FDA invites                                          Our regulations in part 1210 (21 CFR
                                               23389.pdf.
                                                                                                                      comments on these topics: (1) Whether                                        part 1210), implement the provisions of
                                                  Docket: For access to the docket to                                                                                                              FIMA. Sections 1210.11 and 1210.14
                                               read background documents or the                                       the proposed collection of information
                                                                                                                      is necessary for the proper performance                                      require reports on the sanitary
                                               electronic and written/paper comments                                                                                                               conditions of, respectively, dairy farms
                                               received, go to https://                                               of FDA’s functions, including whether
                                                                                                                      the information will have practical                                          and plants producing milk and/or cream
                                               www.regulations.gov and insert the                                                                                                                  to be shipped to the United States.
                                               docket number, found in brackets in the                                utility; (2) the accuracy of FDA’s
                                                                                                                      estimate of the burden of the proposed                                       Section 1210.12 requires reports on the
                                               heading of this document, into the
                                                                                                                      collection of information, including the                                     physical examination of herds, while
                                               ‘‘Search’’ box and follow the prompts
                                                                                                                      validity of the methodology and                                              § 1210.13 requires the reporting of
                                               and/or go to the Dockets Management
                                                                                                                      assumptions used; (3) ways to enhance                                        tuberculin testing of the herds. In
                                               Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                                      the quality, utility, and clarity of the                                     addition, the regulations in part 1210
                                               Rockville, MD 20852.
                                                                                                                      information to be collected; and (4)                                         require that dairy farmers and plants
                                               FOR FURTHER INFORMATION CONTACT:                                       ways to minimize the burden of the                                           maintain pasteurization records
                                               Domini Bean, Office of Operations,                                     collection of information on                                                 (§ 1210.15) and that each container of
                                               Food and Drug Administration, Three                                    respondents, including through the use                                       milk or cream imported into the United
                                               White Flint North, 10A–12M, 11601                                      of automated collection techniques,                                          States bear a tag with the product type,
                                               Landsdown St., North Bethesda, MD                                      when appropriate, and other forms of                                         permit number, and shipper’s name and
                                               20852, 301–796–5733, PRAStaff@                                         information technology.                                                      address (§ 1210.22). Section 1210.20
                                               fda.hhs.gov.                                                                                                                                        requires that an application for a permit
                                                                                                                      Regulations Under the Federal Import
                                               SUPPLEMENTARY INFORMATION:      Under the                                                                                                           to ship or transport milk or cream into
                                                                                                                      Milk Act (FIMA)—21 CFR Part 1210
                                               PRA (44 U.S.C. 3501–3520), Federal                                                                                                                  the United States be made by the actual
                                               Agencies must obtain approval from the                                 OMB Control Number 0910–0212—                                                shipper. Section 1210.23 allows permits
                                               Office of Management and Budget                                        Extension                                                                    to be granted based on certificates from
                                               (OMB) for each collection of                                             Under FIMA (21 U.S.C. 141–149),                                            accredited officials.
                                               information they conduct or sponsor.                                   milk or cream may be imported into the                                          We estimate the burden of this
                                               ‘‘Collection of information’’ is defined                               United States only by the holder of a                                        collection of information as follows:

                                                                                                         TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                      Number of                                                Average
                                                  21 CFR                                                                                    Number of                                           Total annual
                                                                                       Form FDA No.                                                                 responses per                                            burden per              Total hours
                                                  section                                                                                  respondents                                           responses
                                                                                                                                                                      respondent                                              response

                                               1210.11 ......    1996/Farm Inspection Report .....................                                             2                      200                        400      1.5 ..................              600
                                               1210.12 ......    1995/Report of Physical Examination of                                                        1                        1                          1      .5 (30 minutes)                      .5
                                                                   Cows.
                                               1210.13 ......    1994/Report of Tuberculin Tests of Cattle                                                     1                          1                          1    .5 (30 minutes)                          .5
                                               1210.14 ......    1997/Score Card for Sanitation Inspections                                                    2                          1                          2    2 .....................                   4
                                                                   of Milk Plants.
                                               1210.20 ......    1993/Application for Permit to Ship or                                                        2                          1                         2     .5 (30 minutes)                          1
                                                                   Transport Milk and/or Cream into US.
                                               1210.23 ......    1815/Certificate/Transmittal for an Applica-                                                  2                          1                         2     .5 (30 minutes)                          1
                                                                   tion.
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                                                    Total ....   .....................................................................   ........................   ........................   ........................   ........................            607
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.




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                                               13994                                      Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Notices

                                                                                                       TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                         Number of                               Average
                                                                                                                                      Number of                           Total annual
                                                                            21 CFR section                                                              records per                             burden per          Total hours
                                                                                                                                    recordkeepers                           records
                                                                                                                                                       recordkeeper                           recordkeeping

                                               1210.15 ..........................................................................                2                   1                   2   .05 (3 minutes)     .10 (6 minutes)
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Upon review of the information                                        Under 5 CFR 1320.3(c)(2), the public                   Dockets Management Staff, 5630 Fishers
                                               collection, we have retained the                                         disclosure of information originally                   Lane, Rm. 1061, Rockville, MD 20852
                                               currently approved estimated burden.                                     supplied by the Federal Government to                  between 9 a.m. and 4 p.m., Monday
                                               The estimated number of respondents                                      the recipient for the purpose of                       through Friday. Publicly available
                                               and hours per response are based on our                                  disclosure to the public is not subject to             submissions may be seen in the docket.
                                               experience with the import milk permit                                   review by the Office of Management and                 FOR FURTHER INFORMATION CONTACT: Julie
                                               program and the average number of                                        Budget under the Paperwork Reduction                   Finegan, Office of Scientific Integrity,
                                               import milk permit holders over the                                      Act. Under 5 CFR 1320.3(b)(2)), the                    Office of the Chief Scientist, Food and
                                               past 3 years. Assuming two respondents                                   time, effort, and financial resources                  Drug Administration, 10903 New
                                               will submit approximately 200 Form                                       necessary to comply with a collection of               Hampshire Ave., Bldg. 1, Rm. 4218,
                                               FDA 1996 reports annually for a total of                                 information are excluded from the                      Silver Spring, MD 20993–0002, 301–
                                               600 responses, and that each response                                    burden estimate if the reporting,                      796–8618.
                                               requires 1.5 hours, we estimate the total                                recordkeeping, or disclosure activities                SUPPLEMENTARY INFORMATION:
                                               burden is 600 hours.                                                     needed to comply are usual and
                                                  The Secretary of Health and Human                                     customary because they would occur in                  I. Background
                                               Services has the discretion to allow                                     the normal course of business activities.              A. Procedural Background
                                               Form FDA 1815, a duly certified                                            Dated: March 27, 2018.                                 On February 18, 1999, the U.S. Food
                                               statement signed by an accredited
                                                                                                                        Leslie Kux,                                            and Drug Administration (FDA or the
                                               official of a foreign government, to be
                                                                                                                        Associate Commissioner for Policy.                     Agency) approved a new drug
                                               submitted in lieu of Forms FDA 1994
                                                                                                                        [FR Doc. 2018–06595 Filed 3–30–18; 8:45 am]            application (NDA) submitted by
                                               and 1995. To date, Form FDA 1815 has
                                                                                                                                                                               Braintree Laboratories, Inc., (Braintree)
                                               been submitted in lieu of these forms.                                   BILLING CODE 4164–01–P
                                                                                                                                                                               for prescription (or ‘‘Rx’’) PEG 3350
                                               Because we have not received any
                                                                                                                                                                               (MiraLAX) (NDA 20–698).
                                               Forms FDA 1994 or 1995 in the last 3
                                                                                                                        DEPARTMENT OF HEALTH AND                               Subsequently, FDA approved five
                                               years, we assume no more than one will                                                                                          ANDAs for prescription PEG 3350.1 On
                                               be submitted annually. We also assume                                    HUMAN SERVICES
                                                                                                                                                                               October 6, 2006, FDA approved a new
                                               each submission requires 0.5 hour for a                                  Food and Drug Administration                           NDA (NDA 22–015) submitted by
                                               total of 0.5 burden hour annually.                                                                                              Braintree, removing their PEG 3350
                                                  We estimate that two respondents will                                 [Docket No. FDA–2008–N–0549]                           laxative drug product from prescription
                                               submit one Form FDA 1997 report
                                                                                                                        Prescription Polyethylene Glycol 3350;                 dispensing requirements of section
                                               annually, for a total of two responses.
                                                                                                                        Denial of a Hearing and Order                          503(b) of the FD&C Act (21 U.S.C.
                                               We estimate the reporting burden to be
                                                                                                                        Withdrawing Approval of Abbreviated                    353(b)).2
                                               2.0 hours per response, for a total                                                                                               Section 503(b)(1) of the FD&C Act
                                               burden of 4 hours. We estimate that two                                  New Drug Applications
                                                                                                                                                                               requires that a drug which: (1) Because
                                               respondents will submit one Form FDA
                                                                                                                        AGENCY:      Food and Drug Administration,
                                               1993 report annually, for a total of two                                                                                          1 The Drug Price Competition and Patent Term
                                                                                                                        HHS.
                                               responses. We estimate the reporting                                                                                            Restoration Act of 1984 (Pub. L. 98–417) (the Hatch-
                                               burden to be 0.5 hour per response, for                                  ACTION:     Notice.                                    Waxman Amendments) created new section 505(j)
                                               a total burden of 1 hour. We estimate                                                                                           of the FD&C Act, which established the current
                                                                                                                        SUMMARY:    The Commissioner of Food                   ANDA approval process. To obtain approval, an
                                               that two respondents will submit one                                     and Drugs (the Commissioner) is                        ANDA applicant is not required to submit evidence
                                               Form FDA 1815 report annually, for a                                     denying requests for a hearing and                     to establish the clinical safety and effectiveness of
                                               total of two responses. We estimate the                                  issuing an order withdrawing approval
                                                                                                                                                                               the drug product; instead, an ANDA relies on FDA’s
                                               reporting burden to be 0.5 hour per                                                                                             previous finding that the reference listed drug is
                                                                                                                        of abbreviated new drug applications                   safe and effective. To rely on a previous finding of
                                               response, for a total burden of 1 hour.                                  (ANDAs) for certain prescription                       safety and effectiveness, an ANDA applicant must
                                                  With regard to records maintenance,                                                                                          demonstrate, among other things, that the drug
                                                                                                                        laxatives with the active ingredient
                                               we estimate that approximately two                                                                                              product described in an ANDA has the same active
                                                                                                                        polyethylene glycol 3350 (PEG 3350),                   ingredient(s), indications for use, route of
                                               recordkeepers will spend 0.05 hour
                                                                                                                        listed in this document, because the                   administration, dosage form, strength, and labeling
                                               annually maintaining the additional
                                                                                                                        drug products are misbranded under the                 as the reference listed drug (section 505(j)(2)(A)(i)–
                                               pasteurization records required by                                                                                              (v) and (j)(4) of the FD&C Act). In addition, the
                                                                                                                        Federal Food, Drug, and Cosmetic Act
                                               § 1210.15, for a total of 0.10 hour                                                                                             ANDA applicant must submit evidence that its
                                                                                                                        (FD&C Act).                                            proposed drug product is bioequivalent to the
                                               annually.
                                                  No burden has been estimated for the                                  DATES: This order is applicable May 2,                 reference listed drug (section 505(j)(2)(A)(iv) of the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                        2018.                                                  FD&C Act).
                                               tagging requirement in § 1210.22                                                                                                  2 On October 10, 2008, Braintree requested that
                                               because the information on the tag is                                    ADDRESSES: For access to the docket, go                FDA withdraw approval of the NDA for
                                               either supplied by us (permit number)                                    to https://www.regulations.gov and                     prescription MiraLAX (NDA 20–698) under 21 CFR
                                               or is disclosed to third parties as a usual                              insert the docket number, found in                     314.150(c) because it had stopped marketing the
                                                                                                                                                                               product. On February 11, 2009, FDA withdrew
                                               and customary part of the shipper’s                                      brackets in the heading of this                        approval of the NDA for prescription MiraLAX in
                                               normal business activities (type of                                      document, into the ‘‘Search’’ box and                  a Federal Register notice (effective March 13,
                                               product, shipper’s name and address).                                    follow the prompts and/or go to the                    2009)(74 FR 6896 at 6899 (February 11, 2009)).



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Document Created: 2018-11-01 09:08:12
Document Modified: 2018-11-01 09:08:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by June 1, 2018.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation83 FR 13992 

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