83_FR_46671 83 FR 46493 - Agency Information Collection Activities; Proposed Collection; Comment Request; Food Contact Substance Notification Program

83 FR 46493 - Agency Information Collection Activities; Proposed Collection; Comment Request; Food Contact Substance Notification Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range46493-46496
FR Document2018-19898

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 information collection associated with the Food Contact Substance Notification Program.

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46493-46496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19898]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0294]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Food Contact Substance Notification Program

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 information collection associated with 
the Food Contact Substance Notification Program.

DATES: Submit either electronic or written comments on the collection 
of information by November 13, 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 November 13, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 13, 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-0294 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Food

[[Page 46494]]

Contact Substance Notification Program.'' 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 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, 
[email protected].

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.

Food Contact Substance Notification Program--21 CFR 170.101, 170.106, 
and 171.1

OMB Control Number 0910-0495--Extension

    This information collection supports FDA regulations regarding Food 
Contact Substance Notification, as well as associated guidance and 
accompanying forms. Section 409(h) of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) (21 U.S.C. 348(h)) establishes a premarket 
notification process for food contact substances. Section 409(h)(6) of 
the FD&C Act defines a ``food contact substance'' as ``any substance 
intended for use as a component of materials used in manufacturing, 
packing, packaging, transporting, or holding food if such use is not 
intended to have any technical effect in such food.'' Section 409(h)(3) 
of the FD&C Act requires that the notification process be used for 
authorizing the marketing of food contact substances except when: (1) 
We determine that the submission and premarket review of a food 
additive petition (FAP) under section 409(b) of the FD&C Act is 
necessary to provide adequate assurance of safety or (2) we and the 
manufacturer or supplier agree that an FAP should be submitted. Section 
409(h)(1) of the FD&C Act requires that a notification include: (1) 
Information on the identity and the intended use of the food contact 
substance and (2) the basis for the manufacturer's or supplier's 
determination that the food contact substance is safe under the 
intended conditions of use.
    Sections 170.101 and 170.106 of FDA's regulations (21 CFR 170.101 
and 170.106) specify the information that a notification must contain 
and require that: (1) A food contact substance notification (FCN) 
includes Form FDA 3480 and (2) a notification for a food contact 
substance formulation includes Form FDA 3479. These forms serve to 
summarize pertinent information in the notification. The forms 
facilitate both preparation and review of notifications because the 
forms will serve to organize information necessary to support the 
safety of the use of the food contact substance. The burden of filling 
out the appropriate form has been included in the burden estimate for 
the notification.
    Currently, interested persons transmit an FCN submission to the 
Office of Food Additive Safety in the Center for Food Safety and 
Applied Nutrition using Form FDA 3480 whether it is submitted in 
electronic or paper format. We estimate that the amount of time for 
respondents to complete Form FDA 3480 will continue to be the same.
    In addition to its required use with FCNs, Form FDA 3480 is 
recommended to be used to organize information within a Pre-
notification Consultation or Master File submitted in support of an FCN 
according to the items listed on the form. Master Files can be used as 
repositories for information that can be referenced in multiple 
submissions to FDA, thus minimizing paperwork burden for food contact 
substance authorizations. We estimate that the amount of time for 
respondents to complete the Form FDA 3480 for these types of 
submissions is 0.5 hours.
    FDA recommends using Form FDA 3480A for each submission of 
additional information (i.e., amendment) to an FCN submission currently 
under Agency review. Form FDA 3480A helps the respondent organize the 
submission to focus on the information needed for FDA's safety review.
    FDA's guidance documents entitled: (1) ``Preparation of Food 
Contact Notifications: Administrative,'' (2) ``Preparation of Food 
Contact Notifications and Food Additive

[[Page 46495]]

Petitions for Food Contact Substances: Chemistry Recommendations,'' and 
(3) ``Preparation of Food Contact Notifications for Food Contact 
Substances: Toxicology Recommendations'' provide assistance to industry 
regarding the preparation of an FCN and a petition for a food contact 
substances (FCSs). FDA has also developed a draft guidance entitled, 
``Preparation of Food Contact Notifications for Food Contact Substances 
in Contact with Infant Formula and/or Human Milk.'' Once finalized, the 
guidance will provide our current thinking on how to prepare an FCN for 
FDA review and evaluation of the safety of FCSs used in contact with 
infant formula and/or human milk. These guidances are available at 
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/IngredientsAdditivesGRASPackaging/default.htm.
    Section 171.1 of FDA's regulations (21 CFR 171.1) specifies the 
information that a petitioner must submit in order to: (1) Establish 
that the proposed use of an indirect food additive is safe and (2) 
secure the publication of an indirect food additive regulation in parts 
175 through 178 (21 CFR parts 175 through 178). Parts 175 through 178 
describe the conditions under which the additive may be safely used.
    In addition, FDA's guidance entitled ``Use of Recycled Plastics in 
Food Packaging: Chemistry Considerations,'' provides assistance to 
manufacturers of food packaging in evaluating processes for producing 
packaging from post-consumer recycled plastic. The recommendations in 
the guidance address the process by which manufacturers certify to us 
that their plastic products are safe for food contact.
    Description of Respondents: The respondents to this information 
collection are manufacturers of food contact substances sold in the 
United States. Respondents are from the private sector (for-profit 
businesses).
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1.--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Number of
                                                                                         Number of     responses      Total       Average
            21 CFR section; activity                         FDA form No.               respondents       per         annual     burden per  Total hours
                                                                                                       respondent   responses     response
--------------------------------------------------------------------------------------------------------------------------------------------------------
170.106 \2\ (Category A).......................  FDA 3479                                         10            2           20            2           40
170.101 3,7 (Category B).......................  FDA 3480                                          6            1            6           25          150
170.101 4,7 (Category C).......................  FDA 3480                                          6            2           12          120        1,440
170.101 5,7 (Category D).......................  FDA 3480                                         42            2           84          150       12,600
170.101 6,7 (Category E).......................  FDA 3480                                         38            1           38          150        5,700
Pre-notification Consultation or Master File     FDA 3480                                        190            1          190         *0.5           95
 (concerning a food contact substance).8
Amendment to an existing notification            FDA 3480A                                       100            1          100         *0.5           50
 (170.101), amendment to a Pre-notification
 Consultation, or amendment to a Master File
 (concerning a food contact substance).9
171.1 Indirect Food Additive Petitions.........  N/A                                               1            1            1       10,995       10,995
Use of Recycled Plastics in Food Packaging:      N/A                                              10            1           10           25          250
 Chemistry Considerations.
Preparation of Food Contact Notifications for    ...................................               2            1            2            5           10
 Food Contact Substances in Contact with Infant
 Formula and/or Human Milk.
                                                                                     -------------------------------------------------------------------
    Total......................................  ...................................  ..............  ...........  ...........  ...........       31,330
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 30 minutes.
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Notifications for food contact substance formulations and food contact articles. These notifications require the submission of Form FDA 3479
  (``Notification for a Food Contact Substance Formulation'') only.
\3\ Duplicate notifications for uses of food contact substances.
\4\ Notifications for uses that are the subject of exemptions under 21 CFR 170.39 and very simple food additive petitions.
\5\ Notifications for uses that are the subject of moderately complex food additive petitions.
\6\ Notifications for uses that are the subject of very complex food additive petitions.
\7\ These notifications require the submission of Form FDA 3480.
\8\ These notifications recommend the submission of Form FDA 3480.
\9\ These notifications recommend the submission of Form FDA 3480A.

    The estimates are based on our current experience with the Food 
Contact Substance Notification Program and informal communication with 
industry. Our estimated burden for the information collection reflects 
an overall increase of 10 hours and a corresponding increase of 2 
responses from the currently approved burden. We attribute this 
adjustment to reviewing and submitting FCNs consistent to the draft 
guidance entitled, ``Preparation of Food Contact Notifications for Food 
Contact Substances in Contact with Infant Formula and/or Human Milk.''
    Beginning in row 1, we estimate 10 respondents will submit 2 
notifications annually for food contact substance formulations (Form 
FDA 3479), for a total of 20 responses. We calculate a reporting burden 
of 2 hours per response, for a total of 40 hours. In row 2 we estimate 
six respondents. We believe the hourly burden for preparing these 
notifications will primarily consist of the manufacturer or supplier 
completing Form FDA 3480, verifying that a previous notification is 
effective and preparing necessary documentation. We estimate one 
submission for each respondent, for a total of six responses. We 
calculate a reporting burden of 25 hours per response, for a total of 
150 hours.
    In rows 3, 4, and 5, we identify three tiers of FCNs that reflect 
different levels of burden applicable to the respective information 
collection items (denoted as Categories C, D, and E). We estimate 6 
respondents will submit 2 Category C submissions annually, for a total 
of 12

[[Page 46496]]

responses. We calculate a reporting burden of 120 hours per response, 
for a total burden of 1,440 hours. We estimate 42 respondents will 
submit 2 Category D submissions annually, for a total of 84 responses. 
We calculate a reporting burden of 150 hours per response, for a total 
burden of 12,600 hours. We estimate 38 respondents will submit 1 
Category E submission annually, for a total of 38 responses. We 
calculate a reporting burden of 150 hours per response, for a total 
burden of 5,700 hours.
    In row 6, we estimate 190 respondents will submit information to a 
pre-notification consultation or a master file in support of FCN 
submission using Form FDA 3480. We calculate a reporting burden of 0.5 
hours per response, for a total burden of 95 hours. In row 7 we 
estimate 100 respondents will submit an amendment (Form FDA 3480A) to a 
substantive or non- substantive request of additional information to an 
incomplete FCN submission, an amendment to a pre-notification 
consultation, or an amendment to a master file in support of an FCN. We 
calculate a reporting burden of 0.5 hours per response, for a total 
burden of 50 hours.
    In row 8, we estimate one respondent will submit one indirect food 
additive petition under Sec.  171.1, for a total of one response. We 
calculate a reporting burden of 10,995 hours per response, for a total 
burden of 10,995 hours.
    In row 9, we estimate 10 respondents will utilize the 
recommendations in the guidance document entitled, ``Use of Recycled 
Plastics in Food Packaging: Chemistry Considerations,'' to develop the 
additional information for one such submission annually, for a total of 
10 responses. We calculate a reporting burden of 25 hours per response, 
for a total burden of 250 hours.
    Finally, in row 10, we estimate 2 respondents will utilize the 
recommendations in the draft guidance, once finalized, entitled, 
``Preparation of Food Contact Notifications for Food Contact Substances 
in Contact with Infant Formula and/or Human Milk,'' to develop the 
additional information for one such submission annually, for a total of 
2 responses. We calculate a reporting burden of 5 hours per response, 
for a total burden of 10 hours.

    Dated: September 7, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19898 Filed 9-12-18; 8:45 am]
BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices                                                            46493

                                                                                               ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                              Average
                                                                                                                                                                                              Number of
                                                                                                                                                                            Number of                       burden per
                                                    Type of respondents                                               Form name                                                             responses per
                                                                                                                                                                           respondents                       response
                                                                                                                                                                                              respondent     (in hours)

                                                                                     57.319 Hemovigilance Adverse Reaction—Unknown Trans-                                          500                  1          20/60
                                                                                       fusion Reaction.
                                                                                     57.320 Hemovigilance Adverse Reaction—Other Trans-                                            500                  1          20/60
                                                                                       fusion Reaction.
                                                                                     57.400 Outpatient Procedure Component—Annual Facility                                        5,000                 1          10/60
                                                                                       Survey.
                                                                                     57.401 Outpatient Procedure Component—Monthly Report-                                        5,000                12          20/60
                                                                                       ing Plan.
                                                                                     57.402 Outpatient Procedure Component Same Day Out-                                          1,200                25          40/60
                                                                                       come Measures.
                                                                                     57.403 Outpatient Procedure Component—Monthly Denomi-                                        1,200                12          40/60
                                                                                       nators for Same Day Outcome Measures.
                                                                                     57.404 Outpatient Procedure Component—SSI Denomi-                                            5,000              540           10/60
                                                                                       nator.
                                                                                     57.405 Outpatient Procedure Component—Surgical Site                                          5,000                36          35/60
                                                                                       (SSI) Event.
                                                                                     57.500 Outpatient Dialysis Center Practices Survey .............                             7,000                 1         127/60
                                                                                     57.501 Dialysis Monthly Reporting Plan ................................                      7,000                12           5/60
                                                                                     57.502 Dialysis Event .............................................................          7,000                60          25/60
                                                                                     57.503 Denominator for Outpatient Dialysis ..........................                        7,000                12          10/60
                                                                                     57.504 Prevention Process Measures Monthly Monitoring                                        2,000                12          85/60
                                                                                       for Dialysis.
                                                                                     57.505 Dialysis Patient Influenza Vaccination .......................                         325                 75          10/60
                                                                                     57.506 Dialysis Patient Influenza Vaccination Denominator                                     325                  5          10/60
                                                                                     57.507 Home Dialysis Center Practices Survey ....................                             350                  1          30/60



                                               Jeffrey M. Zirger,                                          response to the notice. This notice                              third party may not wish to be posted,
                                               Acting Chief, Information Collection Review                 solicits comments on the information                             such as medical information, your or
                                               Office, Office of Scientific Integrity, Office              collection associated with the Food                              anyone else’s Social Security number, or
                                               of the Associate Director for Science, Office               Contact Substance Notification Program.                          confidential business information, such
                                               of the Director, Centers for Disease Control                                                                                 as a manufacturing process. Please note
                                                                                                           DATES: Submit either electronic or
                                               and Prevention.                                                                                                              that if you include your name, contact
                                                                                                           written comments on the collection of
                                               [FR Doc. 2018–19902 Filed 9–12–18; 8:45 am]                                                                                  information, or other information that
                                                                                                           information by November 13, 2018.
                                               BILLING CODE 4163–18–P
                                                                                                           ADDRESSES: You may submit comments
                                                                                                                                                                            identifies you in the body of your
                                                                                                           as follows. Please note that late,                               comments, that information will be
                                                                                                           untimely filed comments will not be                              posted on https://www.regulations.gov.
                                               DEPARTMENT OF HEALTH AND                                                                                                       • If you want to submit a comment
                                               HUMAN SERVICES                                              considered. Electronic comments must
                                                                                                                                                                            with confidential information that you
                                                                                                           be submitted on or before November 13,
                                                                                                                                                                            do not wish to be made available to the
                                               Food and Drug Administration                                2018. The https://www.regulations.gov
                                                                                                                                                                            public, submit the comment as a
                                                                                                           electronic filing system will accept                             written/paper submission and in the
                                               [Docket No. FDA–2012–N–0294]
                                                                                                           comments until midnight Eastern Time                             manner detailed (see ‘‘Written/Paper
                                               Agency Information Collection                               at the end of November 13, 2018.                                 Submissions’’ and ‘‘Instructions’’).
                                               Activities; Proposed Collection;                            Comments received by mail/hand
                                               Comment Request; Food Contact                               delivery/courier (for written/paper                              Written/Paper Submissions
                                               Substance Notification Program                              submissions) will be considered timely                             Submit written/paper submissions as
                                                                                                           if they are postmarked or the delivery                           follows:
                                               AGENCY:    Food and Drug Administration,                    service acceptance receipt is on or                                • Mail/Hand Delivery/Courier (for
                                               HHS.                                                        before that date.                                                written/paper submissions): Dockets
                                               ACTION:   Notice.                                           Electronic Submissions                                           Management Staff (HFA–305), Food and
                                                                                                                                                                            Drug Administration, 5630 Fishers
                                               SUMMARY:   The Food and Drug                                  Submit electronic comments in the                              Lane, Rm. 1061, Rockville, MD 20852.
                                               Administration (FDA or Agency) is                           following way:                                                     • For written/paper comments
                                               announcing an opportunity for public                          • Federal eRulemaking Portal:                                  submitted to the Dockets Management
                                               comment on the proposed collection of                       https://www.regulations.gov. Follow the                          Staff, FDA will post your comment, as
                                               certain information by the Agency.                          instructions for submitting comments.                            well as any attachments, except for
                                               Under the Paperwork Reduction Act of                        Comments submitted electronically,                               information submitted, marked and
daltland on DSKBBV9HB2PROD with NOTICES




                                               1995 (PRA), Federal Agencies are                            including attachments, to https://                               identified, as confidential, if submitted
                                               required to publish notice in the                           www.regulations.gov will be posted to                            as detailed in ‘‘Instructions.’’
                                               Federal Register concerning each                            the docket unchanged. Because your                                 Instructions: All submissions received
                                               proposed collection of information,                         comment will be made public, you are                             must include the Docket No. FDA–
                                               including each proposed extension of an                     solely responsible for ensuring that your                        2012–N–0294 for ‘‘Agency Information
                                               existing collection of information, and                     comment does not include any                                     Collection Activities; Proposed
                                               to allow 60 days for public comment in                      confidential information that you or a                           Collection; Comment Request; Food


                                          VerDate Sep<11>2014   19:20 Sep 12, 2018   Jkt 244001    PO 00000      Frm 00018      Fmt 4703     Sfmt 4703     E:\FR\FM\13SEN1.SGM     13SEN1


                                               46494                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

                                               Contact Substance Notification                          (OMB) for each collection of                          petition (FAP) under section 409(b) of
                                               Program.’’ Received comments, those                     information they conduct or sponsor.                  the FD&C Act is necessary to provide
                                               filed in a timely manner (see                           ‘‘Collection of information’’ is defined              adequate assurance of safety or (2) we
                                               ADDRESSES), will be placed in the docket                in 44 U.S.C. 3502(3) and 5 CFR                        and the manufacturer or supplier agree
                                               and, except for those submitted as                      1320.3(c) and includes Agency requests                that an FAP should be submitted.
                                               ‘‘Confidential Submissions,’’ publicly                  or requirements that members of the                   Section 409(h)(1) of the FD&C Act
                                               viewable at https://www.regulations.gov                 public submit reports, keep records, or               requires that a notification include: (1)
                                               or at the Dockets Management Staff                      provide information to a third party.                 Information on the identity and the
                                               between 9 a.m. and 4 p.m., Monday                       Section 3506(c)(2)(A) of the PRA (44                  intended use of the food contact
                                               through Friday.                                         U.S.C. 3506(c)(2)(A)) requires Federal                substance and (2) the basis for the
                                                  • Confidential Submissions—To                        Agencies to provide a 60-day notice in                manufacturer’s or supplier’s
                                               submit a comment with confidential                      the Federal Register concerning each                  determination that the food contact
                                               information that you do not wish to be                  proposed collection of information,                   substance is safe under the intended
                                               made publicly available, submit your                    including each proposed extension of an               conditions of use.
                                               comments only as a written/paper                        existing collection of information,                      Sections 170.101 and 170.106 of
                                               submission. You should submit two                       before submitting the collection to OMB               FDA’s regulations (21 CFR 170.101 and
                                               copies total. One copy will include the                 for approval. To comply with this                     170.106) specify the information that a
                                               information you claim to be confidential                requirement, FDA is publishing notice                 notification must contain and require
                                               with a heading or cover note that states                of the proposed collection of                         that: (1) A food contact substance
                                               ‘‘THIS DOCUMENT CONTAINS                                information set forth in this document.               notification (FCN) includes Form FDA
                                               CONFIDENTIAL INFORMATION.’’ The                            With respect to the following                      3480 and (2) a notification for a food
                                               Agency will review this copy, including                 collection of information, FDA invites                contact substance formulation includes
                                               the claimed confidential information, in                comments on these topics: (1) Whether                 Form FDA 3479. These forms serve to
                                               its consideration of comments. The                      the proposed collection of information                summarize pertinent information in the
                                               second copy, which will have the                        is necessary for the proper performance               notification. The forms facilitate both
                                               claimed confidential information                        of FDA’s functions, including whether                 preparation and review of notifications
                                               redacted/blacked out, will be available                 the information will have practical                   because the forms will serve to organize
                                               for public viewing and posted on                        utility; (2) the accuracy of FDA’s                    information necessary to support the
                                               https://www.regulations.gov. Submit                     estimate of the burden of the proposed                safety of the use of the food contact
                                               both copies to the Dockets Management                   collection of information, including the              substance. The burden of filling out the
                                               Staff. If you do not wish your name and                 validity of the methodology and                       appropriate form has been included in
                                               contact information to be made publicly                 assumptions used; (3) ways to enhance                 the burden estimate for the notification.
                                               available, you can provide this                         the quality, utility, and clarity of the                 Currently, interested persons transmit
                                               information on the cover sheet and not                  information to be collected; and (4)                  an FCN submission to the Office of Food
                                               in the body of your comments and you                    ways to minimize the burden of the                    Additive Safety in the Center for Food
                                               must identify this information as                       collection of information on                          Safety and Applied Nutrition using
                                               ‘‘confidential.’’ Any information marked                respondents, including through the use                Form FDA 3480 whether it is submitted
                                               as ‘‘confidential’’ will not be disclosed               of automated collection techniques,                   in electronic or paper format. We
                                               except in accordance with 21 CFR 10.20                  when appropriate, and other forms of                  estimate that the amount of time for
                                               and other applicable disclosure law. For                                                                      respondents to complete Form FDA
                                                                                                       information technology.
                                               more information about FDA’s posting                                                                          3480 will continue to be the same.
                                                                                                       Food Contact Substance Notification                      In addition to its required use with
                                               of comments to public dockets, see 80
                                                                                                       Program—21 CFR 170.101, 170.106,                      FCNs, Form FDA 3480 is recommended
                                               FR 56469, September 18, 2015, or access
                                                                                                       and 171.1                                             to be used to organize information
                                               the information at: https://www.gpo.gov/
                                                                                                                                                             within a Pre-notification Consultation or
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                       OMB Control Number 0910–0495—
                                                                                                                                                             Master File submitted in support of an
                                               23389.pdf.                                              Extension
                                                  Docket: For access to the docket to                                                                        FCN according to the items listed on the
                                                                                                          This information collection supports               form. Master Files can be used as
                                               read background documents or the                        FDA regulations regarding Food Contact
                                               electronic and written/paper comments                                                                         repositories for information that can be
                                                                                                       Substance Notification, as well as                    referenced in multiple submissions to
                                               received, go to https://                                associated guidance and accompanying
                                               www.regulations.gov and insert the                                                                            FDA, thus minimizing paperwork
                                                                                                       forms. Section 409(h) of the Federal                  burden for food contact substance
                                               docket number, found in brackets in the                 Food, Drug, and Cosmetic Act (FD&C
                                               heading of this document, into the                                                                            authorizations. We estimate that the
                                                                                                       Act) (21 U.S.C. 348(h)) establishes a                 amount of time for respondents to
                                               ‘‘Search’’ box and follow the prompts                   premarket notification process for food
                                               and/or go to the Dockets Management                                                                           complete the Form FDA 3480 for these
                                                                                                       contact substances. Section 409(h)(6) of              types of submissions is 0.5 hours.
                                               Staff, 5630 Fishers Lane, Rm. 1061,                     the FD&C Act defines a ‘‘food contact                    FDA recommends using Form FDA
                                               Rockville, MD 20852.                                    substance’’ as ‘‘any substance intended               3480A for each submission of additional
                                               FOR FURTHER INFORMATION CONTACT:                        for use as a component of materials used              information (i.e., amendment) to an FCN
                                               Domini Bean, Office of Operations,                      in manufacturing, packing, packaging,                 submission currently under Agency
                                               Food and Drug Administration, Three                     transporting, or holding food if such use             review. Form FDA 3480A helps the
                                               White Flint North, 10A–12M, 11601                       is not intended to have any technical                 respondent organize the submission to
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                                               Landsdown St., North Bethesda, MD                       effect in such food.’’ Section 409(h)(3) of           focus on the information needed for
                                               20852, 301–796–5733, PRAStaff@                          the FD&C Act requires that the                        FDA’s safety review.
                                               fda.hhs.gov.                                            notification process be used for                         FDA’s guidance documents entitled:
                                               SUPPLEMENTARY INFORMATION: Under the                    authorizing the marketing of food                     (1) ‘‘Preparation of Food Contact
                                               PRA (44 U.S.C. 3501–3520), Federal                      contact substances except when: (1) We                Notifications: Administrative,’’ (2)
                                               Agencies must obtain approval from the                  determine that the submission and                     ‘‘Preparation of Food Contact
                                               Office of Management and Budget                         premarket review of a food additive                   Notifications and Food Additive


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                                                                                Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices                                                                                          46495

                                               Petitions for Food Contact Substances:                                   These guidances are available at https://                             Packaging: Chemistry Considerations,’’
                                               Chemistry Recommendations,’’ and (3)                                     www.fda.gov/Food/Guidance                                             provides assistance to manufacturers of
                                               ‘‘Preparation of Food Contact                                            Regulation/GuidanceDocuments                                          food packaging in evaluating processes
                                               Notifications for Food Contact                                           RegulatoryInformation/                                                for producing packaging from post-
                                               Substances: Toxicology                                                   IngredientsAdditivesGRASPackaging/                                    consumer recycled plastic. The
                                               Recommendations’’ provide assistance                                     default.htm.                                                          recommendations in the guidance
                                               to industry regarding the preparation of                                    Section 171.1 of FDA’s regulations (21                             address the process by which
                                               an FCN and a petition for a food contact                                 CFR 171.1) specifies the information                                  manufacturers certify to us that their
                                               substances (FCSs). FDA has also                                          that a petitioner must submit in order                                plastic products are safe for food
                                               developed a draft guidance entitled,                                     to: (1) Establish that the proposed use of                            contact.
                                               ‘‘Preparation of Food Contact                                            an indirect food additive is safe and (2)
                                               Notifications for Food Contact                                                                                                                   Description of Respondents: The
                                                                                                                        secure the publication of an indirect
                                               Substances in Contact with Infant                                                                                                              respondents to this information
                                                                                                                        food additive regulation in parts 175
                                               Formula and/or Human Milk.’’ Once                                        through 178 (21 CFR parts 175 through                                 collection are manufacturers of food
                                               finalized, the guidance will provide our                                 178). Parts 175 through 178 describe the                              contact substances sold in the United
                                               current thinking on how to prepare an                                    conditions under which the additive                                   States. Respondents are from the private
                                               FCN for FDA review and evaluation of                                     may be safely used.                                                   sector (for-profit businesses).
                                               the safety of FCSs used in contact with                                     In addition, FDA’s guidance entitled                                 FDA estimates the burden of this
                                               infant formula and/or human milk.                                        ‘‘Use of Recycled Plastics in Food                                    collection of information as follows:

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

                                               170.106 2 (Category A) ...............................................             FDA   3479                          10                       2                    20                      2              40
                                               170.101 3,7 (Category B) ............................................              FDA   3480                           6                       1                     6                     25             150
                                               170.101 4,7 (Category C) ............................................              FDA   3480                           6                       2                    12                   120            1,440
                                               170.101 5,7 (Category D) ............................................              FDA   3480                          42                       2                    84                   150           12,600
                                               170.101 6,7 (Category E) ............................................              FDA   3480                          38                       1                    38                   150            5,700
                                               Pre-notification Consultation or Master File (con-                                 FDA   3480                         190                       1                   190                   *0.5              95
                                                 cerning a food contact substance).8
                                               Amendment to an existing notification (170.101),                                   FDA 3480A                          100                        1                  100                   *0.5               50
                                                 amendment to a Pre-notification Consultation, or
                                                 amendment to a Master File (concerning a food
                                                 contact substance).9
                                               171.1 Indirect Food Additive Petitions .......................                     N/A                                   1                      1                     1               10,995            10,995
                                               Use of Recycled Plastics in Food Packaging: Chem-                                  N/A                                  10                      1                    10                   25               250
                                                 istry Considerations.
                                               Preparation of Food Contact Notifications for Food                                                                        2                      1                      2                     5              10
                                                 Contact Substances in Contact with Infant For-
                                                 mula and/or Human Milk.

                                                    Total ....................................................................                     ........................   ....................   ....................   ....................       31,330
                                                  * 30 minutes.
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 Notifications for food contact substance formulations and food contact articles. These notifications require the submission of Form FDA 3479
                                               (‘‘Notification for a Food Contact Substance Formulation’’) only.
                                                  3 Duplicate notifications for uses of food contact substances.
                                                  4 Notifications for uses that are the subject of exemptions under 21 CFR 170.39 and very simple food additive petitions.
                                                  5 Notifications for uses that are the subject of moderately complex food additive petitions.
                                                  6 Notifications for uses that are the subject of very complex food additive petitions.
                                                  7 These notifications require the submission of Form FDA 3480.
                                                  8 These notifications recommend the submission of Form FDA 3480.
                                                  9 These notifications recommend the submission of Form FDA 3480A.




                                                  The estimates are based on our                                        Contact Substances in Contact with                                    that a previous notification is effective
                                               current experience with the Food                                         Infant Formula and/or Human Milk.’’                                   and preparing necessary documentation.
                                               Contact Substance Notification Program                                     Beginning in row 1, we estimate 10                                  We estimate one submission for each
                                               and informal communication with                                          respondents will submit 2 notifications                               respondent, for a total of six responses.
                                               industry. Our estimated burden for the                                   annually for food contact substance                                   We calculate a reporting burden of 25
                                               information collection reflects an                                       formulations (Form FDA 3479), for a                                   hours per response, for a total of 150
                                               overall increase of 10 hours and a                                       total of 20 responses. We calculate a                                 hours.
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                                               corresponding increase of 2 responses                                    reporting burden of 2 hours per                                          In rows 3, 4, and 5, we identify three
                                               from the currently approved burden. We                                   response, for a total of 40 hours. In row                             tiers of FCNs that reflect different levels
                                               attribute this adjustment to reviewing                                   2 we estimate six respondents. We                                     of burden applicable to the respective
                                               and submitting FCNs consistent to the                                    believe the hourly burden for preparing                               information collection items (denoted as
                                               draft guidance entitled, ‘‘Preparation of                                these notifications will primarily consist                            Categories C, D, and E). We estimate 6
                                               Food Contact Notifications for Food                                      of the manufacturer or supplier                                       respondents will submit 2 Category C
                                                                                                                        completing Form FDA 3480, verifying                                   submissions annually, for a total of 12


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                                               46496                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

                                               responses. We calculate a reporting                       Dated: September 7, 2018.                            Current Good Manufacturing Practice
                                               burden of 120 hours per response, for a                 Leslie Kux,                                            and Hazard Analysis and Risk-Based
                                               total burden of 1,440 hours. We estimate                Associate Commissioner for Policy.                     Preventive Controls for Food for
                                               42 respondents will submit 2 Category                   [FR Doc. 2018–19898 Filed 9–12–18; 8:45 am]            Animals—21 CFR Part 507
                                               D submissions annually, for a total of 84               BILLING CODE 4164–01–P
                                               responses. We calculate a reporting                                                                            OMB Control Number 0910–0789—
                                               burden of 150 hours per response, for a                                                                        Extension
                                               total burden of 12,600 hours. We                        DEPARTMENT OF HEALTH AND                                 The information collection supports
                                               estimate 38 respondents will submit 1                   HUMAN SERVICES                                         FDA regulations. As amended by the
                                               Category E submission annually, for a                                                                          FDA Food Safety Modernization Act
                                               total of 38 responses. We calculate a                   Food and Drug Administration
                                                                                                                                                              (FSMA) (Pub. L. 111–353), the Federal
                                               reporting burden of 150 hours per                       [Docket No. FDA–2018–N–1857]                           Food, Drug, and Cosmetic Act (FD&C
                                               response, for a total burden of 5,700
                                                                                                                                                              Act) enables the Agency to better protect
                                               hours.                                                  Agency Information Collection
                                                  In row 6, we estimate 190 respondents                                                                       the public health by helping to ensure
                                                                                                       Activities; Submission for Office of
                                               will submit information to a pre-                                                                              the safety and security of the food
                                                                                                       Management and Budget Review;
                                               notification consultation or a master file                                                                     supply. It enables FDA to focus more on
                                                                                                       Comment Request; Current Good
                                               in support of FCN submission using                      Manufacturing Practice, Hazard                         preventing food safety problems rather
                                               Form FDA 3480. We calculate a                           Analysis, and Risk-Based Preventive                    than relying primarily on reacting to
                                               reporting burden of 0.5 hours per                       Controls for Food for Animals                          problems after they occur. FSMA
                                               response, for a total burden of 95 hours.                                                                      recognizes the important role industry
                                               In row 7 we estimate 100 respondents                    AGENCY:    Food and Drug Administration,               plays in ensuring the safety of the food
                                               will submit an amendment (Form FDA                      HHS.                                                   supply, including the adoption of
                                               3480A) to a substantive or non-                         ACTION:   Notice.                                      modern systems of preventive controls
                                               substantive request of additional                                                                              in food production. Specifically, section
                                                                                                       SUMMARY:   The Food and Drug
                                               information to an incomplete FCN                                                                               418 (21 U.S.C. 350g) of the FD&C Act
                                                                                                       Administration (FDA) is announcing
                                               submission, an amendment to a pre-                                                                             sets forth requirements for hazard
                                                                                                       that a proposed collection of
                                               notification consultation, or an                                                                               analysis and risk-based preventive
                                                                                                       information has been submitted to the
                                               amendment to a master file in support                   Office of Management and Budget                        controls for facilities that produce food
                                               of an FCN. We calculate a reporting                     (OMB) for review and clearance under                   for animals. To implement these
                                               burden of 0.5 hours per response, for a                 the Paperwork Reduction Act of 1995.                   provisions, regulations were codified
                                               total burden of 50 hours.                                                                                      under 21 CFR part 507—Current Good
                                                                                                       DATES: Fax written comments on the
                                                  In row 8, we estimate one respondent                                                                        Manufacturing Practice, Hazard
                                                                                                       collection of information by October 15,
                                               will submit one indirect food additive                  2018.                                                  Analysis, And Risk-Based Preventive
                                               petition under § 171.1, for a total of one                                                                     Controls For Food For Animals. The
                                                                                                       ADDRESSES: To ensure that comments on
                                               response. We calculate a reporting                                                                             regulations establish requirements for a
                                                                                                       the information collection are received,
                                               burden of 10,995 hours per response, for                                                                       written food safety plan; hazard analysis
                                                                                                       OMB recommends that written
                                               a total burden of 10,995 hours.                                                                                preventive controls; monitoring;
                                                  In row 9, we estimate 10 respondents                 comments be faxed to the Office of
                                                                                                                                                              corrective actions and corrections;
                                               will utilize the recommendations in the                 Information and Regulatory Affairs,
                                                                                                                                                              verification; supply-chain program;
                                               guidance document entitled, ‘‘Use of                    OMB, Attn: FDA Desk Officer, Fax: 202–
                                                                                                       395–7285, or emailed to oira_                          recall plan; and associated records and
                                               Recycled Plastics in Food Packaging:                                                                           became effective November 16, 2015.
                                               Chemistry Considerations,’’ to develop                  submission@omb.eop.gov. All
                                                                                                       comments should be identified with the                 Currently, we continue to evaluate
                                               the additional information for one such                                                                        burden associated with the information
                                                                                                       OMB control number 0910–0789. Also
                                               submission annually, for a total of 10                                                                         collection requirements however, for
                                                                                                       include the FDA docket number found
                                               responses. We calculate a reporting                                                                            purposes of extending the information
                                                                                                       in brackets in the heading of this
                                               burden of 25 hours per response, for a                                                                         collection we retain the currently
                                                                                                       document.
                                               total burden of 250 hours.                                                                                     approved figures as shown in the
                                                  Finally, in row 10, we estimate 2                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              following tables.
                                               respondents will utilize the                            JonnaLynn Capezzuto, Office of
                                               recommendations in the draft guidance,                  Operations, Food and Drug                                In the Federal Register of May 24,
                                               once finalized, entitled, ‘‘Preparation of              Administration, Three White Flint                      2018 (83 FR 24124), FDA published a
                                               Food Contact Notifications for Food                     North, 10A–12M, 11601 Landsdown St.,                   60-day notice requesting public
                                               Contact Substances in Contact with                      North Bethesda, MD 20852, 301–796–                     comment on the proposed collection of
                                               Infant Formula and/or Human Milk,’’ to                  3794, PRAStaff@fda.hhs.gov.                            information. We received three
                                               develop the additional information for                  SUPPLEMENTARY INFORMATION: In                          comments, however none pertained to
                                               one such submission annually, for a                     compliance with 44 U.S.C. 3507, FDA                    the information collection or underlying
                                               total of 2 responses. We calculate a                    has submitted the following proposed                   regulations.
                                               reporting burden of 5 hours per                         collection of information to OMB for                     We estimate our burden of the
                                               response, for a total burden of 10 hours.               review and clearance.                                  information collection as follows:
                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
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                                                                                                                                                Number of
                                                                                                                                 Number of       responses   Total annual          Average
                                                                         21 CFR section; activity                                                                                                            Total hours
                                                                                                                                respondents         per       responses       burden per response
                                                                                                                                                respondent

                                               507.7 exemption: submit attestation of preventive controls or compliance with          1,120            0.5            560   0.5 (30 minutes) .............          280
                                                 State and local laws (non-federal).




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Document Created: 2018-09-13 01:01:54
Document Modified: 2018-09-13 01:01:54
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.
DatesSubmit either electronic or written comments on the collection of information by November 13, 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 46493 

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