83_FR_31283 83 FR 31155 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Regulations Under the Federal Import Milk Act

83 FR 31155 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Regulations Under the Federal Import Milk Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31155-31156
FR Document2018-14266

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 (PRA).

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31155-31156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14266]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Regulations Under the 
Federal Import Milk Act

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 (PRA).

DATES: Fax written comments on the collection of information by August 
2, 2018.

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 0910-0212. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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, 
[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.

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

[[Page 31156]]

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.
    In the Federal Register of April 2, 2018 (83 FR 13992), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    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
                                                               respondents     respondent       responses                                         hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.11.......................  1996/Sanitary inspection of               2             200             400  1.5...............................      600
                                 dairy farms.
1210.12.......................  1995/Physical examination                 1               1               1  0.5 (30 minutes)..................      0.5
                                 of cows.
1210.13.......................  1994/Tuberculin test.......               1               1               1  0.5 (30 minutes)..................      0.5
1210.14.......................  1997/Sanitary inspections                 2               1               2  2.................................        4
                                 of plants.
1210.20.......................  1993/Application for permit               2               1               2  0.5 (30 minutes)..................        1
1210.23.......................  1815/Permits granted on                   2               1               2  0.5 (30 minutes)..................        1
                                 certificates.
                                                            --------------------------------------------------------------------------------------------
    Total.....................  ...........................  ..............  ..............  ..............  ..................................      607
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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
   21 CFR Section        Number of      records per    Total annual     Average burden         Total hours
                       recordkeepers   recordkeeper       records     per recordkeeping
----------------------------------------------------------------------------------------------------------------
1210.15.............               2               1               2  0.05 (3 minutes).  0.10 (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 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 OMB under the PRA. 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: June 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-14266 Filed 7-2-18; 8:45 am]
BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                           31155

                                                in the body of your comments and you                     available at https://www.fda.gov/                     DEPARTMENT OF HEALTH AND
                                                must identify the information as                         AdvisoryCommittees/Calendar/                          HUMAN SERVICES
                                                ‘‘confidential.’’ Any information marked                 default.htm. Scroll down to the
                                                as ‘‘confidential’’ will not be disclosed                appropriate advisory committee meeting                Food and Drug Administration
                                                except in accordance with 21 CFR 10.20                   link.                                                 [Docket No. FDA–2012–N–0369]
                                                and other applicable disclosure law. For                    Procedure: Interested persons may
                                                more information about FDA’s posting                     present data, information, or views,                  Agency Information Collection
                                                of comments to public dockets, see 80                    orally or in writing, on issues pending               Activities; Submission for Office of
                                                FR 56469, September 18, 2015, or access                  before the committee. All electronic and              Management and Budget Review;
                                                the information at: https://www.gpo.gov/                 written submissions submitted to the                  Comment Request; Regulations Under
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                        Dockets Management Staff (see the                     the Federal Import Milk Act
                                                23389.pdf.                                               ADDRESSES section) on or before July 24,
                                                   Docket: For access to the docket to                   2018, will be provided to the committee.              AGENCY:    Food and Drug Administration,
                                                read background documents or the                         Oral presentations from the public will               HHS.
                                                electronic and written/paper comments                    be scheduled between approximately                    ACTION:   Notice.
                                                received, go to https://                                 1:30 p.m. and 2:30 p.m. Those
                                                                                                         individuals interested in making formal               SUMMARY:   The Food and Drug
                                                www.regulations.gov and insert the
                                                                                                         oral presentations should notify the                  Administration (FDA) is announcing
                                                docket number, found in brackets in the
                                                                                                         contact person and submit a brief                     that a proposed collection of
                                                heading of this document, into the
                                                                                                         statement of the general nature of the                information has been submitted to the
                                                ‘‘Search’’ box and follow the prompts
                                                                                                         evidence or arguments they wish to                    Office of Management and Budget
                                                and/or go to the Dockets Management
                                                                                                         present, the names and addresses of                   (OMB) for review and clearance under
                                                Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                         proposed participants, and an                         the Paperwork Reduction Act of 1995
                                                Rockville, MD 20852.
                                                                                                         indication of the approximate time                    (PRA).
                                                FOR FURTHER INFORMATION CONTACT:
                                                Lauren D. Tesh, Center for Drug                          requested to make their presentation on               DATES: Fax written comments on the
                                                Evaluation and Research, Food and                        or before July 16, 2018. Time allotted for            collection of information by August 2,
                                                Drug Administration, 10903 New                           each presentation may be limited. If the              2018.
                                                Hampshire Ave., Bldg. 31, Rm. 2417,                      number of registrants requesting to                   ADDRESSES: To ensure that comments on
                                                Silver Spring, MD 20993–0002, 301–                       speak is greater than can be reasonably               the information collection are received,
                                                796–9001, Fax: 301–847–8533, email:                      accommodated during the scheduled                     OMB recommends that written
                                                AMDAC@fda.hhs.gov, or FDA Advisory                       open public hearing session, FDA may                  comments be faxed to the Office of
                                                Committee Information Line, 1–800–                       conduct a lottery to determine the                    Information and Regulatory Affairs,
                                                741–8138 (301–443–0572 in the                            speakers for the scheduled open public                OMB, Attn: FDA Desk Officer, Fax: 202–
                                                Washington, DC area). A notice in the                    hearing session. The contact person will              395–7285, or emailed to oira_
                                                Federal Register about last minute                       notify interested persons regarding their             submission@omb.eop.gov. All
                                                modifications that impact a previously                   request to speak by July 17, 2018.                    comments should be identified with the
                                                announced advisory committee meeting                        Persons attending FDA’s advisory                   OMB control number 0910–0212. Also
                                                cannot always be published quickly                       committee meetings are advised that                   include the FDA docket number found
                                                enough to provide timely notice.                         FDA is not responsible for providing                  in brackets in the heading of this
                                                Therefore, you should always check the                   access to electrical outlets.                         document.
                                                FDA’s website at https://www.fda.gov/                       For press inquiries, please contact the
                                                                                                         Office of Media Affairs at fdaoma@                    FOR FURTHER INFORMATION CONTACT:
                                                AdvisoryCommittees/default.htm and                                                                             Domini Bean, Office of Operations,
                                                scroll down to the appropriate advisory                  fda.hhs.gov or 301–796–4540.
                                                                                                            FDA welcomes the attendance of the                 Food and Drug Administration, Three
                                                committee meeting link, or call the                                                                            White Flint North, 10A–12M, 11601
                                                advisory committee information line to                   public at its advisory committee
                                                                                                         meetings and will make every effort to                Landsdown St., North Bethesda, MD
                                                learn about possible modifications                                                                             20852, 301–796–5733, PRAStaff@
                                                before coming to the meeting.                            accommodate persons with disabilities.
                                                                                                         If you require accommodations due to a                fda.hhs.gov.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         disability, please contact Lauren Tesh                SUPPLEMENTARY INFORMATION: In
                                                   Agenda: The committee will discuss                    (see FOR FURTHER INFORMATION CONTACT)
                                                new drug application (NDA) 207356,                                                                             compliance with 44 U.S.C. 3507, FDA
                                                                                                         at least 7 days in advance of the                     has submitted the following proposed
                                                amikacin liposome inhalation                             meeting.
                                                suspension, sponsored by Insmed, Inc.,                                                                         collection of information to OMB for
                                                                                                            FDA is committed to the orderly                    review and clearance.
                                                for the proposed indication of treatment                 conduct of its advisory committee
                                                of nontuberculous mycobacterial lung                     meetings. Please visit our website at                 Regulations Under the Federal Import
                                                disease caused by Mycobacterium                          https://www.fda.gov/Advisory                          Milk Act (FIMA)—21 CFR Part 1210
                                                avium complex in adults as part of a                     Committees/AboutAdvisoryCommittees/
                                                combination antibacterial drug regimen.                                                                        OMB Control Number 0910–0212—
                                                                                                         ucm111462.htm for procedures on                       Extension
                                                   FDA intends to make background                        public conduct during advisory
                                                material available to the public no later                committee meetings.                                     Under FIMA (21 U.S.C. 141–149),
                                                than 2 business days before the meeting.                    Notice of this meeting is given under              milk or cream may be imported into the
                                                If FDA is unable to post the background                                                                        United States only by the holder of a
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         the Federal Advisory Committee Act
                                                material on its website prior to the                     (5 U.S.C. app. 2).                                    valid import milk permit (21 U.S.C.
                                                meeting, the background material will                                                                          141). Before such permit is issued: (1)
                                                be made publicly available at the                          Dated: June 27, 2018.                               All cows from which import milk or
                                                location of the advisory committee                       Leslie Kux,                                           cream is produced must be physically
                                                meeting, and the background material                     Associate Commissioner for Policy.                    examined and found healthy; (2) if the
                                                will be posted on FDA’s website after                    [FR Doc. 2018–14240 Filed 7–2–18; 8:45 am]            milk or cream is imported raw, all such
                                                the meeting. Background material is                      BILLING CODE 4164–01–P                                cows must pass a tuberculin test; (3) the


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                                                31156                                    Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                dairy farm and each plant in which the                                    and plants producing milk and/or cream                                       requires that an application for a permit
                                                milk or cream is processed or handled                                     to be shipped to the United States.                                          to ship or transport milk or cream into
                                                must be inspected and found to meet                                       Section 1210.12 requires reports on the                                      the United States be made by the actual
                                                certain sanitary requirements; (4)                                        physical examination of herds, while                                         shipper. Section 1210.23 allows permits
                                                bacterial counts of the milk at the time                                  § 1210.13 requires the reporting of                                          to be granted based on certificates from
                                                of importation must not exceed                                            tuberculin testing of the herds. In                                          accredited officials.
                                                specified limits; and (5) the temperature                                 addition, the regulations in part 1210                                         In the Federal Register of April 2,
                                                of the milk or cream at time of                                           require that dairy farmers and plants                                        2018 (83 FR 13992), FDA published a
                                                importation must not exceed 50 °F (21                                     maintain pasteurization records                                              60-day notice requesting public
                                                U.S.C. 142).
                                                                                                                          (§ 1210.15) and that each container of                                       comment on the proposed collection of
                                                  Our regulations in part 1210 (21 CFR
                                                part 1210), implement the provisions of                                   milk or cream imported into the United                                       information. No comments were
                                                FIMA. Sections 1210.11 and 1210.14                                        States bear a tag with the product type,                                     received.
                                                require reports on the sanitary                                           permit number, and shipper’s name and                                          We estimate the burden of this
                                                conditions of, respectively, dairy farms                                  address (§ 1210.22). Section 1210.20                                         collection of information as follows:
                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                              Number of                      Total                        Average
                                                    21 CFR                                                                                         Number of                                                                                                        Total
                                                                                              Form FDA No.                                                                  responses per                   annual                      burden per
                                                    Section                                                                                       respondents                                                                                                       hours
                                                                                                                                                                              respondent                  responses                      response

                                                1210.11    ..........   1996/Sanitary inspection of dairy farms ......                                                2                       200                        400      1.5 .........................       600
                                                1210.12    ..........   1995/Physical examination of cows .............                                               1                         1                          1      0.5 (30 minutes) ....               0.5
                                                1210.13    ..........   1994/Tuberculin test ....................................                                     1                         1                          1      0.5 (30 minutes) ....               0.5
                                                1210.14    ..........   1997/Sanitary inspections of plants .............                                             2                         1                          2      2 ............................        4
                                                1210.20    ..........   1993/Application for permit ..........................                                        2                         1                          2      0.5 (30 minutes) ....                 1
                                                1210.23    ..........   1815/Permits granted on certificates ...........                                              2                         1                          2      0.5 (30 minutes) ....                 1

                                                     Total ........     ......................................................................   ........................   ........................   ........................   ...............................     607
                                                   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                                                                              Average
                                                    21 CFR                Number of                                             Total annual
                                                                                                     records per                                                                            burden per                                                   Total hours
                                                    Section             recordkeepers                                             records
                                                                                                    recordkeeper                                                                          recordkeeping

                                                1210.15 ..........                           2                           1                          2    0.05 (3 minutes) .............................................................            0.10 (6 minutes).
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Upon review of the information                                            We estimate that two respondents will                                      either supplied by us (permit number)
                                                collection, we have retained the                                          submit one Form FDA 1997 report                                              or is disclosed to third parties as a usual
                                                currently approved estimated burden.                                      annually, for a total of two responses.                                      and customary part of the shipper’s
                                                The estimated number of respondents                                       We estimate the reporting burden to be                                       normal business activities (type of
                                                and hours per response are based on our                                   2 hours per response, for a total burden                                     product, shipper’s name and address).
                                                experience with the import milk permit                                    of 4 hours.                                                                  Under 5 CFR 1320.3(c)(2), the public
                                                program and the average number of                                           We estimate that two respondents will                                      disclosure of information originally
                                                import milk permit holders over the                                       submit one Form FDA 1993 report                                              supplied by the Federal Government to
                                                past 3 years. Assuming two respondents                                    annually, for a total of two responses.                                      the recipient for the purpose of
                                                will submit approximately 200 Form                                        We estimate the reporting burden to be                                       disclosure to the public is not subject to
                                                FDA 1996 reports annually for a total of                                  0.5 hour per response, for a total burden                                    review by OMB under the PRA. Under
                                                600 responses, and that each response                                     of 1 hour.                                                                   5 CFR 1320.3(b)(2), the time, effort, and
                                                requires 1.5 hours, we estimate the total                                   We estimate that two respondents will                                      financial resources necessary to comply
                                                burden is 600 hours.                                                      submit one Form FDA 1815 report                                              with a collection of information are
                                                  The Secretary of Health and Human                                       annually, for a total of two responses.
                                                                                                                                                                                                       excluded from the burden estimate if
                                                Services has the discretion to allow                                      We estimate the reporting burden to be
                                                                                                                                                                                                       the reporting, recordkeeping, or
                                                Form FDA 1815, a duly certified                                           0.5 hour per response, for a total burden
                                                                                                                                                                                                       disclosure activities needed to comply
                                                statement signed by an accredited                                         of 1 hour.
                                                                                                                                                                                                       are usual and customary because they
                                                official of a foreign government, to be                                     With regard to records maintenance,
                                                                                                                          we estimate that approximately two                                           would occur in the normal course of
                                                submitted in lieu of Forms FDA 1994
                                                and 1995. To date, Form FDA 1815 has                                      recordkeepers will spend 0.05 hour                                           business activities.
sradovich on DSK3GMQ082PROD with NOTICES




                                                been submitted in lieu of these forms.                                    annually maintaining the additional                                            Dated: June 28, 2018.
                                                Because we have not received any                                          pasteurization records required by                                           Leslie Kux,
                                                Forms FDA 1994 or 1995 in the last 3                                      § 1210.15, for a total of 0.10 hour                                          Associate Commissioner for Policy.
                                                years, we assume no more than one will                                    annually.
                                                                                                                                                                                                       [FR Doc. 2018–14266 Filed 7–2–18; 8:45 am]
                                                be submitted annually. We also assume                                       No burden has been estimated for the
                                                                                                                                                                                                       BILLING CODE 4164–01–P
                                                each submission requires 0.5 hour for a                                   tagging requirement in § 1210.22
                                                total of 0.5 burden hour annually.                                        because the information on the tag is


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Document Created: 2018-07-02 23:55:26
Document Modified: 2018-07-02 23:55:26
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 August 2, 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 31155 

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