83_FR_3179 83 FR 3164 - The Least Burdensome Provisions: Concept and Principles; Draft Guidance for Industry and Food and Drug Administration Staff; Availability; Extension of Comment Period

83 FR 3164 - The Least Burdensome Provisions: Concept and Principles; Draft Guidance for Industry and Food and Drug Administration Staff; Availability; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 15 (January 23, 2018)

Page Range3164-3165
FR Document2018-01122

The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice of availability that appeared in the Federal Register of December 15, 2017. In the notice of availability, FDA requested comments on the draft guidance for industry and FDA staff entitled ``The Least Burdensome Provisions: Concept and Principles.'' The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 83 Issue 15 (Tuesday, January 23, 2018)
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3164-3165]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01122]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6702]


The Least Burdensome Provisions: Concept and Principles; Draft 
Guidance for Industry and Food and Drug Administration Staff; 
Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
extending the comment period for the notice of availability that 
appeared in the Federal Register of December 15, 2017. In the notice of 
availability, FDA requested comments on the draft guidance for industry 
and FDA staff entitled ``The Least Burdensome Provisions: Concept and 
Principles.'' The Agency is taking this action in response to a request 
for an extension to allow interested persons additional time to submit 
comments.

DATES: FDA is extending the comment period on the document published 
December 15, 2017 (82 FR 59623), by an additional 30 days. Submit 
either electronic or written comments on the draft guidance by March 
15, 2018, to ensure that the Agency considers your comment on this 
draft guidance before it begins work on the final version of the 
guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

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-2017-D-6702 for ``The Least Burdensome Provisions: Concept and 
Principles; Draft Guidance for Industry and Food and Drug 
Administration Staff; Availability.'' Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as

[[Page 3165]]

``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: Joshua Silverstein, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave. Bldg. 66, Rm. 1615, Silver Spring, MD 20993-0002, 301-
796-5155; or Stephen Ripley, Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 
71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 15, 
2017, FDA published a notice of availability with a 60-day comment 
period to request comments on draft guidance for industry and FDA staff 
entitled ``The Least Burdensome Provisions: Concept and Principles.''
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on the guiding 
principles and recommended approach for FDA staff and industry to 
facilitate consistent application of least burdensome principles to the 
activities pertaining to products meeting the statutory definition of a 
device regulated under the Federal Food, Drug, and Cosmetic Act. It 
does not establish any rights for any person and is not binding on FDA 
or the public. You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations. This draft 
guidance is not subject to Executive Order 12866.
    The Agency has received a request for a 30-day extension of the 
comment period. The request conveyed concern that the current 60-day 
comment period does not allow sufficient time to develop a meaningful 
or thoughtful response.
    FDA has considered the request and is extending the comment period 
for the notice of availability for 30 days, until March 15, 2018. The 
Agency believes that a 30-day extension allows adequate time for 
interested persons to submit comments without significantly delaying 
guidance on these important issues.

    Dated: January 17, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-01122 Filed 1-22-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                3164                          Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices

                                                explain how to comply with the                            Dated: January 17, 2018.                             as a manufacturing process. Please note
                                                requirements for hazard analysis and                    Leslie Kux,                                            that if you include your name, contact
                                                risk-based preventive controls for food                 Associate Commissioner for Policy.                     information, or other information that
                                                for animals under part 507. The                         [FR Doc. 2018–01126 Filed 1–22–18; 8:45 am]            identifies you in the body of your
                                                chapters we are announcing in this                      BILLING CODE 4164–01–P                                 comments, that information will be
                                                document are as follows:                                                                                       posted on https://www.regulations.gov.
                                                                                                                                                                 • If you want to submit a comment
                                                  • Introduction
                                                                                                        DEPARTMENT OF HEALTH AND                               with confidential information that you
                                                  • Chapter One—The Food Safety Plan                                                                           do not wish to be made available to the
                                                                                                        HUMAN SERVICES
                                                  • Chapter Two—Conducting a Hazard                                                                            public, submit the comment as a
                                                Analysis                                                Food and Drug Administration                           written/paper submission and in the
                                                  • Chapter Three—Hazards Associated                    [Docket No. FDA–2017–D–6702]
                                                                                                                                                               manner detailed (see ‘‘Written/Paper
                                                with the Manufacturing, Processing,                                                                            Submissions’’ and ‘‘Instructions’’).
                                                Packing, and Holding of Animal Food                     The Least Burdensome Provisions:                       Written/Paper Submissions
                                                  • Chapter Four—Preventive Controls                    Concept and Principles; Draft
                                                                                                        Guidance for Industry and Food and                        Submit written/paper submissions as
                                                  • Chapter Five—Overview of                                                                                   follows:
                                                                                                        Drug Administration Staff; Availability;
                                                Preventive Control Management                                                                                     • Mail/Hand delivery/Courier (for
                                                Components                                              Extension of Comment Period
                                                                                                                                                               written/paper submissions): Dockets
                                                  We intend to announce the                             AGENCY:    Food and Drug Administration,               Management Staff (HFA–305), Food and
                                                availability for public comment of                      HHS.                                                   Drug Administration, 5630 Fishers
                                                                                                        ACTION:Notice of availability; extension               Lane, Rm. 1061, Rockville, MD 20852.
                                                additional chapters of the draft guidance
                                                                                                        of comment period.                                        • For written/paper comments
                                                as we complete them.
                                                                                                                                                               submitted to the Dockets Management
                                                II. Significance of Guidance                            SUMMARY:    The Food and Drug                          Staff, FDA will post your comment, as
                                                                                                        Administration (FDA or the Agency) is                  well as any attachments, except for
                                                   This level 1 draft guidance is being                 extending the comment period for the                   information submitted, marked and
                                                issued consistent with FDA’s good                       notice of availability that appeared in                identified, as confidential, if submitted
                                                guidance practices regulation (21 CFR                   the Federal Register of December 15,                   as detailed in ‘‘Instructions.’’
                                                10.115). The draft guidance, when                       2017. In the notice of availability, FDA                  Instructions: All submissions received
                                                finalized, will represent the current                   requested comments on the draft                        must include the Docket No. FDA–
                                                thinking of FDA on how to comply with                   guidance for industry and FDA staff                    2017–D–6702 for ‘‘The Least
                                                the hazard analysis and risk-based                      entitled ‘‘The Least Burdensome                        Burdensome Provisions: Concept and
                                                preventive controls requirements for the                Provisions: Concept and Principles.’’                  Principles; Draft Guidance for Industry
                                                regulation ‘‘Current Good                               The Agency is taking this action in                    and Food and Drug Administration
                                                Manufacturing Practice, Hazard                          response to a request for an extension to              Staff; Availability.’’ Received comments
                                                Analysis, and Risk-Based Preventive                     allow interested persons additional time               will be placed in the docket and, except
                                                Controls for Food for Animals.’’ It does                to submit comments.                                    for those submitted as ‘‘Confidential
                                                not establish any rights for any person                 DATES: FDA is extending the comment                    Submissions,’’ publicly viewable at
                                                and is not binding on FDA or the public.                period on the document published                       https://www.regulations.gov or at the
                                                You can use an alternative approach if                  December 15, 2017 (82 FR 59623), by an                 Dockets Management Staff between 9
                                                it satisfies the requirements of the                    additional 30 days. Submit either                      a.m. and 4 p.m., Monday through
                                                applicable statutes and regulations. This               electronic or written comments on the                  Friday.
                                                guidance is not subject to Executive                    draft guidance by March 15, 2018, to                      • Confidential Submissions—To
                                                Order 12866.                                            ensure that the Agency considers your                  submit a comment with confidential
                                                III. Paperwork Reduction Act of 1995                    comment on this draft guidance before                  information that you do not wish to be
                                                                                                        it begins work on the final version of the             made publicly available, submit your
                                                  This draft guidance refers to                         guidance.                                              comments only as a written/paper
                                                previously approved collections of                      ADDRESSES: You may submit comments                     submission. You should submit two
                                                information found in FDA regulations.                   on any guidance at any time as follows:                copies total. One copy will include the
                                                These collections of information are                                                                           information you claim to be confidential
                                                subject to review by the Office of                      Electronic Submissions                                 with a heading or cover note that states
                                                Management and Budget (OMB) under                         Submit electronic comments in the                    ‘‘THIS DOCUMENT CONTAINS
                                                the Paperwork Reduction Act of 1995                     following way:                                         CONFIDENTIAL INFORMATION.’’ The
                                                (44 U.S.C. 3501–3520). The collections                    • Federal eRulemaking Portal:                        Agency will review this copy, including
                                                of information in part 507 have been                    https://www.regulations.gov. Follow the                the claimed confidential information, in
                                                approved under OMB control number                       instructions for submitting comments.                  its consideration of comments. The
                                                0910–0789.                                              Comments submitted electronically,                     second copy, which will have the
                                                IV. Electronic Access                                   including attachments, to https://                     claimed confidential information
                                                                                                        www.regulations.gov will be posted to                  redacted/blacked out, will be available
                                                  Persons with access to the internet                   the docket unchanged. Because your                     for public viewing and posted on
                                                may obtain the draft guidance at either                 comment will be made public, you are                   https://www.regulations.gov. Submit
sradovich on DSK3GMQ082PROD with NOTICES




                                                https://www.fda.gov/AnimalVeterinary/                   solely responsible for ensuring that your              both copies to the Dockets Management
                                                GuidanceComplianceEnforcement/                          comment does not include any                           Staff. If you do not wish your name and
                                                GuidanceforIndustry/default.htm or                      confidential information that you or a                 contact information to be made publicly
                                                https://www.regulations.gov. Use the                    third party may not wish to be posted,                 available, you can provide this
                                                FDA website listed in the previous                      such as medical information, your or                   information on the cover sheet and not
                                                sentence to find the most current                       anyone else’s Social Security number, or               in the body of your comments and you
                                                version of the guidance.                                confidential business information, such                must identify this information as


                                           VerDate Sep<11>2014   17:59 Jan 22, 2018   Jkt 244001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                                              Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Notices                                            3165

                                                ‘‘confidential.’’ Any information marked                   FDA has considered the request and                  at the end of March 26, 2018. Comments
                                                as ‘‘confidential’’ will not be disclosed               is extending the comment period for the                received by mail/hand delivery/courier
                                                except in accordance with 21 CFR 10.20                  notice of availability for 30 days, until              (for written/paper submissions) will be
                                                and other applicable disclosure law. For                March 15, 2018. The Agency believes                    considered timely if they are
                                                more information about FDA’s posting                    that a 30-day extension allows adequate                postmarked or the delivery service
                                                of comments to public dockets, see 80                   time for interested persons to submit                  acceptance receipt is on or before that
                                                FR 56469, September 18, 2015, or access                 comments without significantly                         date.
                                                the information at: https://www.gpo.gov/                delaying guidance on these important
                                                                                                                                                               Electronic Submissions
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       issues.
                                                23389.pdf.                                                                                                       Submit electronic comments in the
                                                                                                          Dated: January 17, 2018.
                                                   Docket: For access to the docket to                                                                         following way:
                                                                                                        Leslie Kux,                                              • Federal eRulemaking Portal:
                                                read background documents or the
                                                                                                        Associate Commissioner for Policy.                     https://www.regulations.gov. Follow the
                                                electronic and written/paper comments
                                                received, go to https://                                [FR Doc. 2018–01122 Filed 1–22–18; 8:45 am]            instructions for submitting comments.
                                                www.regulations.gov and insert the                      BILLING CODE 4164–01–P                                 Comments submitted electronically,
                                                docket number, found in brackets in the                                                                        including attachments, to https://
                                                heading of this document, into the                                                                             www.regulations.gov will be posted to
                                                ‘‘Search’’ box and follow the prompts                   DEPARTMENT OF HEALTH AND                               the docket unchanged. Because your
                                                and/or go to the Dockets Management                     HUMAN SERVICES                                         comment will be made public, you are
                                                Staff, 5630 Fishers Lane, Rm. 1061,                                                                            solely responsible for ensuring that your
                                                                                                        Food and Drug Administration                           comment does not include any
                                                Rockville, MD 20852.
                                                FOR FURTHER INFORMATION CONTACT:                        [Docket No. FDA–2017–N–6931]                           confidential information that you or a
                                                Joshua Silverstein, Center for Devices                                                                         third party may not wish to be posted,
                                                                                                        Agency Information Collection                          such as medical information, your or
                                                and Radiological Health, Food and Drug
                                                                                                        Activities; Proposed Collection;                       anyone else’s Social Security number, or
                                                Administration, 10903 New Hampshire
                                                                                                        Comment Request; Current Good                          confidential business information, such
                                                Ave. Bldg. 66, Rm. 1615, Silver Spring,
                                                                                                        Manufacturing Practices and Related                    as a manufacturing process. Please note
                                                MD 20993–0002, 301–796–5155; or
                                                                                                        Regulations for Blood and Blood                        that if you include your name, contact
                                                Stephen Ripley, Center for Biologics
                                                                                                        Components; and Requirements for                       information, or other information that
                                                Evaluation and Research, Food and
                                                                                                        Donation Testing, Donor Notification,                  identifies you in the body of your
                                                Drug Administration, 10903 New
                                                                                                        and ‘‘Lookback’’                                       comments, that information will be
                                                Hampshire Ave. Bldg. 71, Rm. 7301,
                                                Silver Spring, MD 20993–0002, 240–                      AGENCY:    Food and Drug Administration,               posted on https://www.regulations.gov.
                                                                                                                                                                 • If you want to submit a comment
                                                402–7911.                                               HHS.
                                                                                                                                                               with confidential information that you
                                                SUPPLEMENTARY INFORMATION: In the                       ACTION:   Notice.                                      do not wish to be made available to the
                                                Federal Register of December 15, 2017,                                                                         public, submit the comment as a
                                                FDA published a notice of availability                  SUMMARY:   The Food and Drug
                                                                                                        Administration (FDA or Agency) is                      written/paper submission and in the
                                                with a 60-day comment period to                                                                                manner detailed (see ‘‘Written/Paper
                                                request comments on draft guidance for                  announcing an opportunity for public
                                                                                                        comment on the proposed collection of                  Submissions’’ and ‘‘Instructions’’).
                                                industry and FDA staff entitled ‘‘The
                                                Least Burdensome Provisions: Concept                    certain information by the Agency.                     Written/Paper Submissions
                                                and Principles.’’                                       Under the Paperwork Reduction Act of
                                                                                                                                                                  Submit written/paper submissions as
                                                   This draft guidance is being issued                  1995 (the PRA), Federal Agencies are
                                                                                                                                                               follows:
                                                consistent with FDA’s good guidance                     required to publish notice in the                         • Mail/Hand delivery/Courier (for
                                                practices regulation (21 CFR 10.115).                   Federal Register concerning each                       written/paper submissions): Dockets
                                                The draft guidance, when finalized, will                proposed collection of information,                    Management Staff (HFA–305), Food and
                                                represent the current thinking of FDA                   including each proposed extension of an                Drug Administration, 5630 Fishers
                                                on the guiding principles and                           existing collection of information, and                Lane, Rm. 1061, Rockville, MD 20852.
                                                recommended approach for FDA staff                      to allow 60 days for public comment in                    • For written/paper comments
                                                and industry to facilitate consistent                   response to the notice. This notice                    submitted to the Dockets Management
                                                application of least burdensome                         solicits comments on the collection of                 Staff, FDA will post your comment, as
                                                principles to the activities pertaining to              information requirements relating to                   well as any attachments, except for
                                                products meeting the statutory                          FDA’s regulation of current good                       information submitted, marked and
                                                definition of a device regulated under                  manufacturing practice (CGMP) and                      identified, as confidential, if submitted
                                                the Federal Food, Drug, and Cosmetic                    related regulations for blood and blood                as detailed in ‘‘Instructions.’’
                                                Act. It does not establish any rights for               components; and requirements for                          Instructions: All submissions received
                                                any person and is not binding on FDA                    donation testing, donor notification, and              must include the Docket No. FDA–
                                                or the public. You can use an alternative               ‘‘lookback’’.                                          2017–N–6931 for ‘‘Current Good
                                                approach if it satisfies the requirements               DATES: Submit either electronic or                     Manufacturing Practices and Related
                                                of the applicable statutes and                          written comments on the collection of                  Regulations for Blood and Blood
                                                regulations. This draft guidance is not                 information by March 26, 2018.                         Components; and Requirements for
                                                                                                        ADDRESSES: You may submit comments                     Donation Testing, Donor Notification,
sradovich on DSK3GMQ082PROD with NOTICES




                                                subject to Executive Order 12866.
                                                   The Agency has received a request for                as follows. Please note that late,                     and ‘Lookback’.’’ Received comments,
                                                a 30-day extension of the comment                       untimely filed comments will not be                    those filed in a timely manner (see
                                                period. The request conveyed concern                    considered. Electronic comments must                   ADDRESSES), will be placed in the docket
                                                that the current 60-day comment period                  be submitted on or before March 26,                    and, except for those submitted as
                                                does not allow sufficient time to                       2018. The https://www.regulations.gov                  ‘‘Confidential Submissions,’’ publicly
                                                develop a meaningful or thoughtful                      electronic filing system will accept                   viewable at https://www.regulations.gov
                                                response.                                               comments until midnight Eastern Time                   or at the Dockets Management Staff


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Document Created: 2018-01-23 01:08:54
Document Modified: 2018-01-23 01:08:54
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 of availability; extension of comment period.
DatesFDA is extending the comment period on the document published December 15, 2017 (82 FR 59623), by an additional 30 days. Submit either electronic or written comments on the draft guidance by March 15, 2018, to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactJoshua Silverstein, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 66, Rm. 1615, Silver Spring, MD 20993-0002, 301- 796-5155; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation83 FR 3164 

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