83_FR_49583 83 FR 49393 - Agency Information Collection Activities; Proposed Collection; Comment Request; Exempt Infant Formula Production: Current Good Manufacturing Practices, Quality Control Procedures, Conduct of Audits, and Records

83 FR 49393 - Agency Information Collection Activities; Proposed Collection; Comment Request; Exempt Infant Formula Production: Current Good Manufacturing Practices, Quality Control Procedures, Conduct of Audits, and Records

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 190 (October 1, 2018)

Page Range49393-49395
FR Document2018-21207

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 provisions of the guidance entitled ``Guidance for Industry: Exempt Infant Formula Production: Current Good Manufacturing Practices (CGMPs), Quality Control Procedures, Conduct of Audits, and Records and Reports.''

Federal Register, Volume 83 Issue 190 (Monday, October 1, 2018)
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49393-49395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21207]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3490]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Exempt Infant Formula Production: Current Good 
Manufacturing Practices, Quality Control Procedures, Conduct of Audits, 
and Records

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 provisions of 
the guidance entitled ``Guidance for Industry: Exempt Infant Formula 
Production: Current Good Manufacturing Practices (CGMPs), Quality 
Control Procedures, Conduct of Audits, and Records and Reports.''

DATES: Submit either electronic or written comments on the collection 
of information by November 30, 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 30, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
11:59 p.m. midnight Eastern Time at the end of November 30, 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-2018-N-3490 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Exempt Infant Formula Production: 
Current Good Manufacturing Practices (CGMPs), Quality Control 
Procedures, Conduct of Audits, and Records.'' 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

[[Page 49394]]

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.

Exempt Infant Formula Production: Current Good Manufacturing Practices 
(CGMPs), Quality Control Procedures, Conduct of Audits, and Records

OMB Control Number 0910-0811--Extension

    Section 412(h)(1) of the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) (21 U.S.C. 350a(h)(1)) exempts an infant formula that is 
represented and labeled for use by an infant with an inborn error of 
metabolism, low birth weight, or who otherwise has an unusual medical 
or dietary problem from the requirements of section 412(a), (b), and 
(c) of the FD&C Act. These formulas are customarily referred to as 
``exempt infant formulas.'' Under part 106 (21 CFR part 106), we 
established requirements for quality factors for infant formulas and 
CGMPs, including quality control procedures. This collection of 
information will help prevent the manufacture of adulterated infant 
formula, ensure the safety of infant formula, and ensure that the 
nutrients in infant formula are present in a form that is bioavailable.
    In the Federal Register of April 15, 2016 (81 FR 22174), we 
published a notice of availability for the guidance document entitled 
``Guidance for Industry: Exempt Infant Formula Production: Current Good 
Manufacturing Practices (CGMPs), Quality Control Procedures, Conduct of 
Audits, and Records and Reports.'' The guidance describes our current 
thinking on the manufacturing of exempt infant formula in relation to 
the requirements in part 106 for CGMPs, quality control procedures, 
conduct of audits, and records and reports that apply to nonexempt 
infant formulas. Persons with access to the internet may obtain the 
guidance at http://www.fda.gov/FoodGuidances.
    Our estimate of the burden of the recordkeeping recommendations 
includes the one-time burden of developing production and in-process 
control systems and the annual burdens of developing and maintaining 
production aggregate production and control records, records pertaining 
to the distribution of infant formula, and records pertaining to 
regularly scheduled audits. Included in the burden estimate is the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing each 
collection of information.
    The guidance recommended, to the extent practicable, that 
respondents include records required by part 106, subparts A, B, C, D, 
and F for non-exempt infant formulas. Because the records and reporting 
requirements related to part 106, subparts E and G are not generally 
applicable to exempt infant formula manufacturers, FDA is not 
recommending in the guidance that exempt infant formula manufacturers 
follow these requirements. As such, the records and reporting 
requirements in part 106, subparts E and G are not part of this 
information collection.
    Description of Respondents: The respondent recordkeepers are 
manufacturers of exempt infant formula.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Number of
                21 CFR section                     Number of      records per    Total  annual      Average  burden per  recordkeeper      Total  hours
                                                 recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                First-Year Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Production and In-Process Control System                     3               1               3  40......................................             120
 106.6(c)(5) and 106.100(e)(1) and (e)(3).
Controls to Prevent Adulteration due to                      3               1               3  6,400...................................          19,200
 Automatic (Mechanical or Electronic)
 Equipment 106.35(c) and 106.100(f)(5).
                                               ---------------------------------------------------------------------------------------------------------
    Total First Year Only Hourly Recordkeeping  ..............  ..............  ..............  ........................................          19,320
     Burden.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Recurring Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Controls to Prevent Adulteration Caused by                   4               1               4  1.5.....................................               6
 Facilities--Testing for Radiological
 Contaminants 106.20(f)(3).
Controls to Prevent Adulteration Caused by                   4               1               4  0.08 (5 minutes)........................            0.32
 Facilities--Recordkeeping of Testing for
 Radiological Contaminants 106.20(f)(4) and
 106.100(f)(1).
Controls to Prevent Adulteration Caused by                   3              52             156  0.08 (5 minutes)........................           12.48
 Facilities--Testing for Bacteriological
 Contaminants 106.20(f)(3).

[[Page 49395]]

 
Controls to Prevent Adulteration Caused by                   3              52             156  0.08 (5 minutes)........................           12.48
 Facilities--Recordkeeping of Testing for
 Bacteriological Contaminants 106.20(f)(4) and
 106.100(f)(1).
Controls to Prevent Adulteration by Equipment                3              52             156  0.21 (13 minutes).......................           32.76
 or Utensils 106.30(d)(1) and 106.100(f)(2).
Controls to Prevent Adulteration by Equipment                3              52             156  0.21 (13 minutes).......................           32.76
 or Utensils 106.30(e)(3)(iii) and
 106.100(f)(3).
Controls to Prevent Adulteration by Equipment                3              52             156  0.19 (11 minutes).......................           29.64
 or Utensils 106.30(f)(2) and 106.100(f)(4).
Controls to Prevent Adulteration Due to                      3              52             156  520.....................................          81,120
 Automatic (Mechanical or Electronic)
 Equipment 106.35(c) and 106.100(f)(5).
Controls to Prevent Adulteration Due to                      3               2               6  640.....................................           3,840
 Automatic (Mechanical or Electronic)
 Equipment 106.35(c) and 106.100(f)(5).
Controls to Prevent Adulteration Caused by                   3              52             156  0.17 (10 minutes).......................           26.52
 Ingredients, Containers, and Closures
 106.40(g) and 106.100(f)(6).
Controls to Prevent Adulteration During                      3              52             156  0.23 (14 minutes).......................           35.88
 Manufacturing 106.50 and 106.100(e).
Controls to Prevent Adulteration From                        3              52             156  0.25 (15 minutes).......................              39
 Microorganisms 106.55(d), 106.100(e)(5)(ii),
 and 106.100(f)(7).
Controls to Prevent Adulteration During                      1              12              12  0.25 (15 minutes).......................               3
 Packaging and Labeling of Infant Formula
 106.60(c).
General Quality Control--Testing 106.91(b)(1),               2               1               2  2.......................................               4
 106.91(b)(2) and 106.91(b)(3).
General Quality Control 106.91(b)(1),                        2              52             104  0.15 (9 minutes)........................            15.6
 106.91(d), and 106.100(e)(5)(i).
General Quality Control 106.91(b)(2)                         2              52             104  0.15 (9 minutes)........................            15.6
 106.91(d), and 106.100(e)(5)(i).
General Quality Control 106.91(b)(3)                         2              52             104  0.15 (9 minutes)........................            15.6
 106.91(d), and 106.100(e)(5)(i).
Audit Plans and Procedures 106.94--Ongoing                   3               1               3  8.......................................              24
 Review and Updating of Audits.
Audit Plans and Procedures 106.94--Regular                   3              52             156  4.......................................             624
 Audits.
                                               ---------------------------------------------------------------------------------------------------------
    Total Recurring Recordkeeping Burden......  ..............  ..............  ..............  ........................................       85,889.64
                                               ---------------------------------------------------------------------------------------------------------
        Total Recordkeeping Burden............  ..............  ..............  ..............  ........................................      105,209.64
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection, we made a 
correction since the last OMB approval. While the one-time estimated 
recordkeeping burden remains as 19,320 hours, we increased the annual 
estimated recurring recordkeeping burden to 85,889.64 hours due to a 
calculation error (a 79,561.58 hour increase) for a total recordkeeping 
burden of 105,209.64 hours.

    Dated: September 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21207 Filed 9-28-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices                                           49393

                                             III. Electronic Access                                  30, 2018. Comments received by mail/                  Dockets Management Staff between 9
                                                Persons with access to the internet                  hand delivery/courier (for written/paper              a.m. and 4 p.m., Monday through
                                             may obtain the draft guidance at either                 submissions) will be considered timely                Friday.
                                             https://www.fda.gov/Drugs/Guidance                      if they are postmarked or the delivery                   • Confidential Submissions—To
                                             ComplianceRegulatoryInformation/                        service acceptance receipt is on or                   submit a comment with confidential
                                             Guidances/default.htm, https://                         before that date.                                     information that you do not wish to be
                                             www.fda.gov/BiologicsBloodVaccines/                                                                           made publicly available, submit your
                                                                                                     Electronic Submissions                                comments only as a written/paper
                                             GuidanceComplianceRegulatory
                                                                                                       Submit electronic comments in the                   submission. You should submit two
                                             Information/Guidances/default.htm, or
                                                                                                     following way:                                        copies total. One copy will include the
                                             https://www.regulations.gov.
                                                                                                       • Federal eRulemaking Portal:                       information you claim to be confidential
                                               Dated: September 25, 2018.                            https://www.regulations.gov. Follow the               with a heading or cover note that states
                                             Leslie Kux,                                             instructions for submitting comments.                 ‘‘THIS DOCUMENT CONTAINS
                                             Associate Commissioner for Policy.                      Comments submitted electronically,                    CONFIDENTIAL INFORMATION.’’ The
                                             [FR Doc. 2018–21243 Filed 9–28–18; 8:45 am]             including attachments, to https://                    Agency will review this copy, including
                                             BILLING CODE 4164–01–P                                  www.regulations.gov will be posted to                 the claimed confidential information, in
                                                                                                     the docket unchanged. Because your                    its consideration of comments. The
                                                                                                     comment will be made public, you are                  second copy, which will have the
                                             DEPARTMENT OF HEALTH AND                                solely responsible for ensuring that your             claimed confidential information
                                             HUMAN SERVICES                                          comment does not include any                          redacted/blacked out, will be available
                                                                                                     confidential information that you or a                for public viewing and posted on
                                             Food and Drug Administration                            third party may not wish to be posted,                https://www.regulations.gov. Submit
                                             [Docket No. FDA–2018–N–3490]                            such as medical information, your or                  both copies to the Dockets Management
                                                                                                     anyone else’s Social Security number, or              Staff. If you do not wish your name and
                                             Agency Information Collection                           confidential business information, such               contact information to be made publicly
                                             Activities; Proposed Collection;                        as a manufacturing process. Please note               available, you can provide this
                                             Comment Request; Exempt Infant                          that if you include your name, contact                information on the cover sheet and not
                                             Formula Production: Current Good                        information, or other information that                in the body of your comments and you
                                             Manufacturing Practices, Quality                        identifies you in the body of your                    must identify this information as
                                             Control Procedures, Conduct of                          comments, that information will be                    ‘‘confidential.’’ Any information marked
                                             Audits, and Records                                     posted on https://www.regulations.gov.                as ‘‘confidential’’ will not be disclosed
                                                                                                       • If you want to submit a comment                   except in accordance with 21 CFR 10.20
                                             AGENCY:    Food and Drug Administration,                with confidential information that you
                                             HHS.                                                                                                          and other applicable disclosure law. For
                                                                                                     do not wish to be made available to the               more information about FDA’s posting
                                             ACTION:   Notice.                                       public, submit the comment as a                       of comments to public dockets, see 80
                                             SUMMARY:   The Food and Drug                            written/paper submission and in the                   FR 56469, September 18, 2015, or access
                                             Administration (FDA or Agency) is                       manner detailed (see ‘‘Written/Paper                  the information at: https://www.gpo.gov/
                                             announcing an opportunity for public                    Submissions’’ and ‘‘Instructions’’).                  fdsys/pkg/FR-2015-09-18/pdf/2015-
                                             comment on the proposed collection of                   Written/Paper Submissions                             23389.pdf.
                                             certain information by the Agency.                                                                               Docket: For access to the docket to
                                                                                                       Submit written/paper submissions as                 read background documents or the
                                             Under the Paperwork Reduction Act of
                                                                                                     follows:                                              electronic and written/paper comments
                                             1995 (PRA), Federal Agencies are                          • Mail/Hand delivery/Courier (for
                                             required to publish notice in the                                                                             received, go to https://
                                                                                                     written/paper submissions): Dockets                   www.regulations.gov and insert the
                                             Federal Register concerning each                        Management Staff (HFA–305), Food and
                                             proposed collection of information,                                                                           docket number, found in brackets in the
                                                                                                     Drug Administration, 5630 Fishers                     heading of this document, into the
                                             including each proposed extension of an                 Lane, Rm. 1061, Rockville, MD 20852.
                                             existing collection of information, and                                                                       ‘‘Search’’ box and follow the prompts
                                                                                                       • For written/paper comments
                                             to allow 60 days for public comment in                                                                        and/or go to the Dockets Management
                                                                                                     submitted to the Dockets Management
                                             response to the notice. This notice                                                                           Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                     Staff, FDA will post your comment, as
                                             solicits comments on the information                                                                          Rockville, MD 20852.
                                                                                                     well as any attachments, except for
                                             collection provisions of the guidance                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                     information submitted, marked and
                                             entitled ‘‘Guidance for Industry: Exempt                identified, as confidential, if submitted             Domini Bean, Office of Operations,
                                             Infant Formula Production: Current                      as detailed in ‘‘Instructions.’’                      Food and Drug Administration, Three
                                             Good Manufacturing Practices (CGMPs),                     Instructions: All submissions received              White Flint North, 10A–12M, 11601
                                             Quality Control Procedures, Conduct of                  must include the Docket No. FDA–                      Landsdown St., North Bethesda, MD
                                             Audits, and Records and Reports.’’                      2018–N–3490 for ‘‘Agency Information                  20852, 301–796–5733, PRAStaff@
                                             DATES: Submit either electronic or                      Collection Activities; Proposed                       fda.hhs.gov.
                                             written comments on the collection of                   Collection; Comment Request; Exempt                   SUPPLEMENTARY INFORMATION: Under the
                                             information by November 30, 2018.                       Infant Formula Production: Current                    PRA (44 U.S.C. 3501–3520), Federal
                                             ADDRESSES: You may submit comments                      Good Manufacturing Practices (CGMPs),                 Agencies must obtain approval from the
                                             as follows. Please note that late,                      Quality Control Procedures, Conduct of                Office of Management and Budget
amozie on DSK3GDR082PROD with NOTICES




                                             untimely filed comments will not be                     Audits, and Records.’’ Received                       (OMB) for each collection of
                                             considered. Electronic comments must                    comments, those filed in a timely                     information they conduct or sponsor.
                                             be submitted on or before November 30,                  manner (see ADDRESSES), will be placed                ‘‘Collection of information’’ is defined
                                             2018. The https://www.regulations.gov                   in the docket and, except for those                   in 44 U.S.C. 3502(3) and 5 CFR
                                             electronic filing system will accept                    submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                             comments until 11:59 p.m. midnight                      Submissions,’’ publicly viewable at                   or requirements that members of the
                                             Eastern Time at the end of November                     https://www.regulations.gov or at the                 public submit reports, keep records, or


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                                             49394                        Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices

                                             provide information to a third party.                   U.S.C. 350a(h)(1)) exempts an infant                                     developing production and in-process
                                             Section 3506(c)(2)(A) of the PRA (44                    formula that is represented and labeled                                  control systems and the annual burdens
                                             U.S.C. 3506(c)(2)(A)) requires Federal                  for use by an infant with an inborn error                                of developing and maintaining
                                             Agencies to provide a 60-day notice in                  of metabolism, low birth weight, or who                                  production aggregate production and
                                             the Federal Register concerning each                    otherwise has an unusual medical or                                      control records, records pertaining to
                                             proposed collection of information,                     dietary problem from the requirements                                    the distribution of infant formula, and
                                             including each proposed extension of an                 of section 412(a), (b), and (c) of the                                   records pertaining to regularly
                                             existing collection of information,                     FD&C Act. These formulas are                                             scheduled audits. Included in the
                                             before submitting the collection to OMB                 customarily referred to as ‘‘exempt                                      burden estimate is the time for
                                             for approval. To comply with this                       infant formulas.’’ Under part 106 (21                                    reviewing instructions, searching
                                             requirement, FDA is publishing notice                   CFR part 106), we established                                            existing data sources, gathering and
                                             of the proposed collection of                           requirements for quality factors for
                                             information set forth in this document.                                                                                          maintaining the data needed, and
                                                                                                     infant formulas and CGMPs, including
                                                With respect to the following                                                                                                 completing and reviewing each
                                                                                                     quality control procedures. This
                                             collection of information, FDA invites                                                                                           collection of information.
                                                                                                     collection of information will help
                                             comments on these topics: (1) Whether                   prevent the manufacture of adulterated                                     The guidance recommended, to the
                                             the proposed collection of information                  infant formula, ensure the safety of                                     extent practicable, that respondents
                                             is necessary for the proper performance                 infant formula, and ensure that the                                      include records required by part 106,
                                             of FDA’s functions, including whether                   nutrients in infant formula are present                                  subparts A, B, C, D, and F for non-
                                             the information will have practical                     in a form that is bioavailable.                                          exempt infant formulas. Because the
                                             utility; (2) the accuracy of FDA’s                        In the Federal Register of April 15,                                   records and reporting requirements
                                             estimate of the burden of the proposed                  2016 (81 FR 22174), we published a                                       related to part 106, subparts E and G are
                                             collection of information, including the                notice of availability for the guidance                                  not generally applicable to exempt
                                             validity of the methodology and                         document entitled ‘‘Guidance for                                         infant formula manufacturers, FDA is
                                             assumptions used; (3) ways to enhance                   Industry: Exempt Infant Formula                                          not recommending in the guidance that
                                             the quality, utility, and clarity of the                Production: Current Good
                                             information to be collected; and (4)                                                                                             exempt infant formula manufacturers
                                                                                                     Manufacturing Practices (CGMPs),                                         follow these requirements. As such, the
                                             ways to minimize the burden of the                      Quality Control Procedures, Conduct of
                                             collection of information on                                                                                                     records and reporting requirements in
                                                                                                     Audits, and Records and Reports.’’ The                                   part 106, subparts E and G are not part
                                             respondents, including through the use                  guidance describes our current thinking
                                             of automated collection techniques,                                                                                              of this information collection.
                                                                                                     on the manufacturing of exempt infant
                                             when appropriate, and other forms of                    formula in relation to the requirements                                    Description of Respondents: The
                                             information technology.                                 in part 106 for CGMPs, quality control                                   respondent recordkeepers are
                                             Exempt Infant Formula Production:                       procedures, conduct of audits, and                                       manufacturers of exempt infant formula.
                                             Current Good Manufacturing Practices                    records and reports that apply to                                          FDA estimates the burden of this
                                             (CGMPs), Quality Control Procedures,                    nonexempt infant formulas. Persons                                       collection of information as follows:
                                             Conduct of Audits, and Records                          with access to the internet may obtain
                                                                                                     the guidance at http://www.fda.gov/
                                             OMB Control Number 0910–0811—                           FoodGuidances.
                                             Extension                                                 Our estimate of the burden of the
                                               Section 412(h)(1) of the Federal Food,                recordkeeping recommendations
                                             Drug, and Cosmetic Act (FD&C Act) (21                   includes the one-time burden of

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

                                                                                                                 First-Year Annual Burden

                                             Production    and    In-Process    Control  System                                    3                          1                          3     40 ..........................              120
                                               106.6(c)(5) and 106.100(e)(1) and (e)(3).
                                             Controls to Prevent Adulteration due to Automatic                                    3                          1                          3      6,400 .....................           19,200
                                               (Mechanical or Electronic) Equipment 106.35(c)
                                               and 106.100(f)(5).

                                                  Total First Year Only Hourly Recordkeeping Bur-            ........................   ........................   ........................     ...............................      19,320
                                                    den.

                                                                                                                Recurring Annual Burden

                                             Controls to Prevent Adulteration Caused by Facili-                                    4                          1                          4     1.5 .........................                6
                                               ties—Testing   for   Radiological   Contaminants
amozie on DSK3GDR082PROD with NOTICES




                                               106.20(f)(3).
                                             Controls to Prevent Adulteration Caused by Facili-                                    4                          1                         4      0.08 (5 minutes) ....                      0.32
                                               ties—Recordkeeping of Testing for Radiological
                                               Contaminants 106.20(f)(4) and 106.100(f)(1).
                                             Controls to Prevent Adulteration Caused by Facili-                                   3                         52                      156        0.08 (5 minutes) ....                  12.48
                                               ties—Testing for Bacteriological Contaminants
                                               106.20(f)(3).



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                                                                           Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices                                                                                   49395

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

                                             Controls to Prevent Adulteration Caused by Facili-                                     3                       52                        156       0.08 (5 minutes) ....                  12.48
                                               ties—Recordkeeping of Testing for Bacteriological
                                               Contaminants 106.20(f)(4) and 106.100(f)(1).
                                             Controls to Prevent Adulteration by Equipment or                                       3                       52                        156       0.21 (13 minutes) ..                   32.76
                                               Utensils 106.30(d)(1) and 106.100(f)(2).
                                             Controls to Prevent Adulteration by Equipment or                                      3                         52                       156       0.21 (13 minutes) ..                   32.76
                                               Utensils 106.30(e)(3)(iii) and 106.100(f)(3).
                                             Controls to Prevent Adulteration by Equipment or                                      3                         52                       156       0.19 (11 minutes) ..                   29.64
                                               Utensils 106.30(f)(2) and 106.100(f)(4).
                                             Controls to Prevent Adulteration Due to Automatic                                      3                       52                        156       520 ........................          81,120
                                               (Mechanical or Electronic) Equipment 106.35(c)
                                               and 106.100(f)(5).
                                             Controls to Prevent Adulteration Due to Automatic                                      3                          2                          6     640 ........................           3,840
                                               (Mechanical or Electronic) Equipment 106.35(c)
                                               and 106.100(f)(5).
                                             Controls to Prevent Adulteration Caused by Ingredi-                                   3                         52                       156       0.17 (10 minutes) ..                   26.52
                                               ents, Containers, and Closures 106.40(g) and
                                               106.100(f)(6).
                                             Controls to Prevent Adulteration During Manufacturing                                  3                       52                        156       0.23 (14 minutes) ..                   35.88
                                               106.50 and 106.100(e).
                                             Controls to Prevent Adulteration From Microorga-                                       3                       52                        156       0.25 (15 minutes) ..                        39
                                               nisms      106.55(d),       106.100(e)(5)(ii), and
                                               106.100(f)(7).
                                             Controls to Prevent Adulteration During Packaging                                      1                       12                         12       0.25 (15 minutes) ..                         3
                                               and Labeling of Infant Formula 106.60(c).
                                             General Quality Control—Testing 106.91(b)(1),                                          2                          1                          2     2 ............................               4
                                               106.91(b)(2) and 106.91(b)(3).
                                             General Quality Control 106.91(b)(1), 106.91(d), and                                  2                         52                      104        0.15 (9 minutes) ....                      15.6
                                               106.100(e)(5)(i).
                                             General Quality Control 106.91(b)(2) 106.91(d), and                                    2                       52                        104       0.15 (9 minutes) ....                      15.6
                                               106.100(e)(5)(i).
                                             General Quality Control 106.91(b)(3) 106.91(d), and                                    2                       52                        104       0.15 (9 minutes) ....                      15.6
                                               106.100(e)(5)(i).
                                             Audit Plans and Procedures 106.94—Ongoing Re-                                          3                          1                          3     8 ............................              24
                                               view and Updating of Audits.
                                             Audit Plans and Procedures 106.94—Regular Audits                                      3                         52                      156        4 ............................             624

                                                  Total Recurring Recordkeeping Burden ...............        ........................   ........................   ........................     ...............................    85,889.64

                                                      Total Recordkeeping Burden .........................    ........................   ........................   ........................     ...............................   105,209.64
                                                1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                               Based on a review of the information                   DEPARTMENT OF HEALTH AND                                                 Federal Register concerning each
                                             collection, we made a correction since                   HUMAN SERVICES                                                           proposed collection of information,
                                             the last OMB approval. While the one-                                                                                             including each proposed extension of an
                                             time estimated recordkeeping burden                      Food and Drug Administration                                             existing collection of information, and
                                             remains as 19,320 hours, we increased                    [Docket No. FDA–2018–N–3353]                                             to allow 60 days for public comment in
                                             the annual estimated recurring                                                                                                    response to the notice. This notice
                                             recordkeeping burden to 85,889.64                        Agency Information Collection                                            solicits comments on the information
                                             hours due to a calculation error (a                      Activities; Proposed Collection;                                         collection provisions of our reporting
                                             79,561.58 hour increase) for a total                     Comment Request; Antimicrobial                                           and recordkeeping requirements for
                                             recordkeeping burden of 105,209.64                       Animal Drug Distribution Reports and                                     antimicrobial animal drug sales and
                                             hours.                                                   Recordkeeping                                                            distribution.
                                               Dated: September 25, 2018.                             AGENCY:     Food and Drug Administration,                                DATES:  Submit either electronic or
                                                                                                      HHS.                                                                     written comments on the collection of
                                             Leslie Kux,
                                                                                                                                                                               information by November 30, 2018.
                                             Associate Commissioner for Policy.                       ACTION:    Notice.
                                                                                                                                                                               ADDRESSES: You may submit comments
                                             [FR Doc. 2018–21207 Filed 9–28–18; 8:45 am]
                                                                                                      SUMMARY:   The Food and Drug                                             as follows. Please note that late,
amozie on DSK3GDR082PROD with NOTICES




                                             BILLING CODE 4164–01–P                                   Administration (FDA, Agency, or we) is                                   untimely filed comments will not be
                                                                                                      announcing an opportunity for public                                     considered. Electronic comments must
                                                                                                      comment on the proposed collection of                                    be submitted on or before November 30,
                                                                                                      certain information by the Agency.                                       2018. The https://www.regulations.gov
                                                                                                      Under the Paperwork Reduction Act of                                     electronic filing system will accept
                                                                                                      1995 (PRA), Federal Agencies are                                         comments until 11:59 p.m. Eastern Time
                                                                                                      required to publish notice in the                                        at the end of November 30, 2018.


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Document Created: 2018-09-29 04:25:53
Document Modified: 2018-09-29 04:25:53
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 30, 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 49393 

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