83_FR_53475 83 FR 53271 - Agency Information Collection Activities; Proposed Collection; Comment Request; Foreign Supplier Verification Programs for Food Importers

83 FR 53271 - Agency Information Collection Activities; Proposed Collection; Comment Request; Foreign Supplier Verification Programs for Food Importers

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 204 (October 22, 2018)

Page Range53271-53273
FR Document2018-22953

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 requirements associated with our Foreign Supplier Verification Programs (FSVP) for Food Importers.

Federal Register, Volume 83 Issue 204 (Monday, October 22, 2018)
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Notices]
[Pages 53271-53273]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22953]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0143]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Foreign Supplier Verification Programs for Food 
Importers

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 requirements 
associated with our Foreign Supplier Verification Programs (FSVP) for 
Food Importers.

DATES: Submit either electronic or written comments on the collection 
of information by December 21, 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 December 21, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of December 21, 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-2011-N-0143 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Foreign Supplier Verification 
Programs for Food Importers.'' 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, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined

[[Page 53272]]

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.

Foreign Supplier Verification Programs (FSVP) for Food Importers

OMB Control Number 0910-0752--Extension

    This information collection supports FDA regulations at 21 CFR part 
1, subpart L--Foreign Supplier Verification Programs for Food 
Importers, as well as associated guidance. As amended by the FDA Food 
Safety Modernization Act (FSMA) (Pub. L. 111-353), the Federal Food, 
Drug, and Cosmetic Act (FD&C Act) enables the Agency to better protect 
the public health by helping to ensure the safety and security of the 
food supply. The regulations are intended to help ensure that food 
imported into the United States is produced in compliance with specific 
processes and procedures, including reasonably appropriate risk-based 
preventive controls. The regulations establish that importers of foods 
must develop, maintain, and follow an FSVP that provides adequate 
assurances that a foreign supplier is producing the food in compliance 
with processes and procedures that provide at least the same level of 
public health protection as those required under section 418 of the 
FD&C Act (21 U.S.C. 350g) (regarding hazard analysis and risk-based 
preventive controls for certain foods) or 419 (21 U.S.C. 350h) 
(regarding standards for produce safety), if either is applicable, and 
the implementing regulations, and is producing the food in compliance 
with sections 402 (21 U.S.C. 342) (regarding adulteration) and 403(w) 
(21 U.S.C. 343(w)) (if applicable) (regarding misbranding with respect 
to labeling for the presence of major food allergens) of the FD&C Act. 
The regulations also provide for certain exemptions.
    To assist respondents with the requirements we have developed 
Agency guidance, which is available at: https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm253380.htm.
    We estimate the burden of the information collection is as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
                21 CFR section                    Number of     responses per   Total annual          Average burden per response           Total hours
                                                 respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exemption for food for research 1.501(c).....          36,360              40       1,454,400  0.083 (5 minutes)........................         120,715
DUNS number for filing with U.S. Customs and           56,800             157       8,917,600  0.02 (1.2 minutes).......................         178,352
 Border Protection 1.509(c), 1.511(c),
 1.512(b)(2).
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................         299,067
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
   Information collection activity; 21 CFR        Number of      records per    Total annual       Average  burden per  recordkeeping       Total hours
                   section                      recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Controls for low-acid canned foods; 1.502(b).           2,443               4           9,772  1........................................           9,772
FSVP Recordkeeping, including hazard
 determination, written procedures,
 reevaluation; audits; and corrective
 actions:
    Determine and document hazards; 1.504(a).          11,701               1          11,701  3.5......................................          40,954
    Review hazard analysis; 1.504(d).........          11,701               7          81,907  0.33 (20 minutes)........................          27,029
    Evaluation of food and foreign supplier;           11,701               1          11,701  4........................................          46,804
     1.505(a)(2), 1.511(c)(1).
    Approval of suppliers; 1.505(b),                    8,191               1           8,191  12.......................................          98,292
     1.512(c)(1)(iii).
    Reevaluation of food and foreign                   11,701             365       4,270,865  0.25 (15 minutes)........................       1,067,716
     supplier; 1.505(c), 1.512(c)(1)(ii)(A).
    Confirm or change requirements of foreign           2,340               1           2,340  2........................................           4,680
     supplier verification activity;
     1.505(c), 1.512(c)(1)(ii)(A).
    Review of other entities assessments;               3,510               1           3,510  1.2......................................           4,212
     1.505(d), 1.512(c)(1)(iii).
    Written procedures for use of approved             11,701               1          11,701  8........................................          93,608
     foreign suppliers; 1.506(a)(1),
     1.511(c)(2), 1.512(c)(3)(i).
    Review of written procedures;                      11,701               1          11,701  1........................................          11,701
     1.506(a)(2), 1.511(c)(2)(ii),
     1.512(c)(3)(ii).

[[Page 53273]]

 
    Written procedures for conducting                  11,701               1          11,701  2........................................          23,402
     verification activities; 1.506(b),
     1.511(c)(3).
    Determination and documentation of                 11,701               4          46,804  3.25.....................................         152,113
     appropriate supplier verification
     activities; 1.506(d)(1)-(2),
     1.511(c)(5)(i).
    Review of appropriate supplier                     11,701               2          23,402  0.33 (20 minutes)........................           7,723
     verification activities determined by
     another entity; 1.506(d)(3),
     1.511(c)(5)(iii).
    Conduct/review audits; 1.506(e)(1)(i),             11,701               2          23,402  3........................................          70,206
     1.511(c)(4)(ii)(A).
    Conduct periodic sampling/testing;                 11,701               2          23,402  1........................................          23,402
     1.506(e)(1)(ii), 1.511(c)(4)(ii)(B).
    Review records; 1.506(e)(1)(iii),                  11,701               2          23,402  1.6......................................          37,443
     1.511(c)(4)(ii)(C).
    Document your review of supplier                   11,701               6          70,206  0.25 (15 minutes)........................          17,552
     verification activity records;
     1.506(e)(3), 1.511(c)(4)(iii).
    1.507(a)(1)..............................          11,701            3.17          37,092  1.25.....................................          46,365
    Written assurances; 1.507(a)(2),                   11,701            8.72         102,038  0.50 (30 minutes)........................          51,019
     1.507(a)(3), and 1.507(a)(4).
    Disclosures that accompany assurances;            102,038               1         102,038  0.50 (30 minutes)........................          51,019
     1.507(a)(2), 1.507(a)(3), and
     1.507(a)(4).
    Document assurances from customers;                36,522             2.8         102,262  0.25 (15 minutes)........................          25,566
     1.507(c).
    Document corrective actions; 1.508(a) and           2,340               1           2,340  2........................................           4,680
     1.512(b)(4).
    Investigate and determine FSVP adequacy;            2,340               1           2,340  5........................................          11,700
     1.508(b), 1.511(c)(1).
                                              ----------------------------------------------------------------------------------------------------------
        Subtotal for FSVP Recordkeeping        ..............  ..............       4,984,046  .........................................       1,917,186
         Itemized Above.
                                              ==========================================================================================================
    Written assurances for food produced               11,701            2.88          33,699  2.25.....................................          75,823
     under dietary supplement current good
     manufacturing practices; 1.511(b).
    Document very small importer/certain               50,450               1          50,450  1........................................          50,450
     small foreign supplier status;
     1.512(b)(1).
Written assurances associated with very small          50,450             2.8         141,260  2.25.....................................         317,835
 importer/certain small foreign supplier
 1.512(b)(3).
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................       2,361,294
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information collection.

    We are retaining the currently approved burden estimates. The FSVP 
requirements became effective May 30, 2017, and we continue to evaluate 
associated burden.

    Dated: October 16, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22953 Filed 10-19-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                            Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices                                          53271

                                               appeared in the Federal Register). FDA                  untimely filed comments will not be                   ADDRESSES), will be placed in the docket
                                               will announce additional modifications                  considered. Electronic comments must                  and, except for those submitted as
                                               and revisions to the list of recognized                 be submitted on or before December 21,                ‘‘Confidential Submissions,’’ publicly
                                               consensus standards, as needed, in the                  2018. The https://www.regulations.gov                 viewable at https://www.regulations.gov
                                               Federal Register once a year, or more                   electronic filing system will accept                  or at the Dockets Management Staff
                                               often if necessary.                                     comments until 11:59 p.m. Eastern Time                between 9 a.m. and 4 p.m., Monday
                                                                                                       at the end of December 21, 2018.                      through Friday.
                                               V. Recommendation of Standards for                                                                               • Confidential Submissions—To
                                                                                                       Comments received by mail/hand
                                               Recognition by FDA                                                                                            submit a comment with confidential
                                                                                                       delivery/courier (for written/paper
                                                 Any person may recommend                              submissions) will be considered timely                information that you do not wish to be
                                               consensus standards as candidates for                   if they are postmarked or the delivery                made publicly available, submit your
                                               recognition under section 514 of the                    service acceptance receipt is on or                   comments only as a written/paper
                                               FD&C Act by submitting such                             before that date.                                     submission. You should submit two
                                               recommendations, with reasons for the                                                                         copies total. One copy will include the
                                               recommendation, to                                      Electronic Submissions                                information you claim to be confidential
                                               CDRHStandardsStaff@fda.hhs.gov. To                        Submit electronic comments in the                   with a heading or cover note that states
                                               be considered, such recommendations                     following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                               should contain, at a minimum, the                         • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                               following information available at                      https://www.regulations.gov. Follow the               Agency will review this copy, including
                                               https://www.fda.gov/MedicalDevices/                     instructions for submitting comments.                 the claimed confidential information, in
                                               DeviceRegulationandGuidance/                            Comments submitted electronically,                    its consideration of comments. The
                                               Standards/ucm123739.htm.                                including attachments, to https://                    second copy, which will have the
                                                 Dated: October 16, 2018.
                                                                                                       www.regulations.gov will be posted to                 claimed confidential information
                                                                                                       the docket unchanged. Because your                    redacted/blacked out, will be available
                                               Leslie Kux,
                                                                                                       comment will be made public, you are                  for public viewing and posted on
                                               Associate Commissioner for Policy.                      solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                               [FR Doc. 2018–22977 Filed 10–19–18; 8:45 am]            comment does not include any                          both copies to the Dockets Management
                                               BILLING CODE 4164–01–P                                  confidential information that you or a                Staff. If you do not wish your name and
                                                                                                       third party may not wish to be posted,                contact information to be made publicly
                                                                                                       such as medical information, your or                  available, you can provide this
                                               DEPARTMENT OF HEALTH AND                                anyone else’s Social Security number, or              information on the cover sheet and not
                                               HUMAN SERVICES                                          confidential business information, such               in the body of your comments and you
                                                                                                       as a manufacturing process. Please note               must identify this information as
                                               Food and Drug Administration
                                                                                                       that if you include your name, contact                ‘‘confidential.’’ Any information marked
                                               [Docket No. FDA–2011–N–0143]                            information, or other information that                as ‘‘confidential’’ will not be disclosed
                                                                                                       identifies you in the body of your                    except in accordance with 21 CFR 10.20
                                               Agency Information Collection                           comments, that information will be                    and other applicable disclosure law. For
                                               Activities; Proposed Collection;                        posted on https://www.regulations.gov.                more information about FDA’s posting
                                               Comment Request; Foreign Supplier                         • If you want to submit a comment                   of comments to public dockets, see 80
                                               Verification Programs for Food                          with confidential information that you                FR 56469, September 18, 2015, or access
                                               Importers                                               do not wish to be made available to the               the information at: https://www.gpo.gov/
                                               AGENCY:    Food and Drug Administration,                public, submit the comment as a                       fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               HHS.                                                    written/paper submission and in the                   23389.pdf.
                                                                                                       manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                               ACTION:   Notice.
                                                                                                       Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                               SUMMARY:   The Food and Drug                            Written/Paper Submissions                             electronic and written/paper comments
                                               Administration (FDA or Agency) is                                                                             received, go to https://
                                               announcing an opportunity for public                       Submit written/paper submissions as                www.regulations.gov and insert the
                                               comment on the proposed collection of                   follows:                                              docket number, found in brackets in the
                                                                                                          • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                               certain information by the Agency.
                                                                                                       written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                               Under the Paperwork Reduction Act of
                                                                                                       Management Staff (HFA–305), Food and                  and/or go to the Dockets Management
                                               1995 (PRA), Federal Agencies are
                                                                                                       Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                               required to publish notice in the
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.                  Rockville, MD 20852.
                                               Federal Register concerning each                           • For written/paper comments
                                               proposed collection of information,                     submitted to the Dockets Management                   FOR FURTHER INFORMATION CONTACT:
                                               including each proposed extension of an                 Staff, FDA will post your comment, as                 Domini Bean, Office of Operations,
                                               existing collection of information, and                 well as any attachments, except for                   Food and Drug Administration, Three
                                               to allow 60 days for public comment in                  information submitted, marked and                     White Flint North, 10A–12M, 11601
                                               response to the notice. This notice                     identified, as confidential, if submitted             Landsdown St., North Bethesda, MD
                                               solicits comments on the information                    as detailed in ‘‘Instructions.’’                      20852, 301–796–5733, PRAStaff@
                                               collection requirements associated with                    Instructions: All submissions received             fda.hhs.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                               our Foreign Supplier Verification                       must include the Docket No. FDA–                      SUPPLEMENTARY INFORMATION: Under the
                                               Programs (FSVP) for Food Importers.                     2011–N–0143 for ‘‘Agency Information                  PRA (44 U.S.C. 3501–3520), Federal
                                               DATES: Submit either electronic or                      Collection Activities; Proposed                       Agencies must obtain approval from the
                                               written comments on the collection of                   Collection; Comment Request; Foreign                  Office of Management and Budget
                                               information by December 21, 2018.                       Supplier Verification Programs for Food               (OMB) for each collection of
                                               ADDRESSES: You may submit comments                      Importers.’’ Received comments, those                 information they conduct or sponsor.
                                               as follows. Please note that late,                      filed in a timely manner (see                         ‘‘Collection of information’’ is defined


                                          VerDate Sep<11>2014   18:12 Oct 19, 2018   Jkt 247001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\22OCN1.SGM   22OCN1


                                               53272                                Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices

                                               in 44 U.S.C. 3502(3) and 5 CFR                                            information to be collected; and (4)                                          regulations establish that importers of
                                               1320.3(c) and includes Agency requests                                    ways to minimize the burden of the                                            foods must develop, maintain, and
                                               or requirements that members of the                                       collection of information on                                                  follow an FSVP that provides adequate
                                               public submit reports, keep records, or                                   respondents, including through the use                                        assurances that a foreign supplier is
                                               provide information to a third party.                                     of automated collection techniques,                                           producing the food in compliance with
                                               Section 3506(c)(2)(A) of the PRA (44                                      when appropriate, and other forms of                                          processes and procedures that provide
                                               U.S.C. 3506(c)(2)(A)) requires Federal                                    information technology.                                                       at least the same level of public health
                                               Agencies to provide a 60-day notice in                                    Foreign Supplier Verification Programs                                        protection as those required under
                                               the Federal Register concerning each                                      (FSVP) for Food Importers                                                     section 418 of the FD&C Act (21 U.S.C.
                                               proposed collection of information,                                                                                                                     350g) (regarding hazard analysis and
                                               including each proposed extension of an                                   OMB Control Number 0910–0752—                                                 risk-based preventive controls for
                                               existing collection of information,                                       Extension                                                                     certain foods) or 419 (21 U.S.C. 350h)
                                               before submitting the collection to OMB                                     This information collection supports                                        (regarding standards for produce safety),
                                               for approval. To comply with this                                         FDA regulations at 21 CFR part 1,                                             if either is applicable, and the
                                               requirement, FDA is publishing notice                                     subpart L—Foreign Supplier                                                    implementing regulations, and is
                                               of the proposed collection of                                             Verification Programs for Food                                                producing the food in compliance with
                                               information set forth in this document.                                   Importers, as well as associated                                              sections 402 (21 U.S.C. 342) (regarding
                                                  With respect to the following                                          guidance. As amended by the FDA Food                                          adulteration) and 403(w) (21 U.S.C.
                                               collection of information, FDA invites                                    Safety Modernization Act (FSMA) (Pub.                                         343(w)) (if applicable) (regarding
                                               comments on these topics: (1) Whether                                     L. 111–353), the Federal Food, Drug,                                          misbranding with respect to labeling for
                                               the proposed collection of information                                    and Cosmetic Act (FD&C Act) enables                                           the presence of major food allergens) of
                                               is necessary for the proper performance                                   the Agency to better protect the public                                       the FD&C Act. The regulations also
                                               of FDA’s functions, including whether                                     health by helping to ensure the safety                                        provide for certain exemptions.
                                               the information will have practical                                       and security of the food supply. The                                             To assist respondents with the
                                               utility; (2) the accuracy of FDA’s                                        regulations are intended to help ensure                                       requirements we have developed
                                               estimate of the burden of the proposed                                    that food imported into the United                                            Agency guidance, which is available at:
                                               collection of information, including the                                  States is produced in compliance with                                         https://www.fda.gov/Food/Guidance
                                               validity of the methodology and                                           specific processes and procedures,                                            Regulation/FSMA/ucm253380.htm.
                                               assumptions used; (3) ways to enhance                                     including reasonably appropriate risk-                                           We estimate the burden of the
                                               the quality, utility, and clarity of the                                  based preventive controls. The                                                information collection is as follows:

                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                  Number of
                                                                                                                                       Number of                                            Total annual               Average burden per
                                                                          21 CFR section                                                                        responses per                                                                             Total hours
                                                                                                                                      respondents                                            responses                      response
                                                                                                                                                                  respondent

                                               Exemption for food for research 1.501(c) ...................                                      36,360                            40             1,454,400            0.083 (5 minutes) ...                  120,715
                                               DUNS number for filing with U.S. Customs and Bor-                                                 56,800                           157             8,917,600            0.02 (1.2 minutes) ..                  178,352
                                                 der Protection 1.509(c), 1.511(c), 1.512(b)(2).

                                                    Total ......................................................................     ........................   ........................   ........................    ................................       299,067
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.

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

                                               Controls for low-acid canned foods; 1.502(b) .............                                           2,443                            4                    9,772        1 .............................           9,772
                                               FSVP Recordkeeping, including hazard determina-
                                                 tion, written procedures, reevaluation; audits; and
                                                 corrective actions:
                                                    Determine and document hazards; 1.504(a) .......                                             11,701                               1                11,701          3.5 ..........................           40,954
                                                    Review hazard analysis; 1.504(d) ........................                                    11,701                               7                81,907          0.33 (20 minutes) ...                    27,029
                                                    Evaluation of food and foreign supplier;                                                     11,701                               1                11,701          4 .............................          46,804
                                                      1.505(a)(2), 1.511(c)(1).
                                                    Approval of suppliers; 1.505(b), 1.512(c)(1)(iii) ...                                         8,191                             1                  8,191           12 ...........................           98,292
                                                    Reevaluation of food and foreign supplier;                                                   11,701                           365              4,270,865           0.25 (15 minutes) ...                 1,067,716
                                                      1.505(c), 1.512(c)(1)(ii)(A).
                                                    Confirm or change requirements of foreign sup-                                                  2,340                             1                   2,340        2 .............................           4,680
                                                      plier     verification      activity;    1.505(c),
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                                                      1.512(c)(1)(ii)(A).
                                                    Review of other entities assessments; 1.505(d),                                                 3,510                             1                   3,510        1.2 ..........................            4,212
                                                      1.512(c)(1)(iii).
                                                    Written procedures for use of approved foreign                                                11,701                             1                  11,701         8 .............................          93,608
                                                      suppliers;         1.506(a)(1),       1.511(c)(2),
                                                      1.512(c)(3)(i).
                                                    Review of written procedures; 1.506(a)(2),                                                    11,701                             1                  11,701         1 .............................          11,701
                                                      1.511(c)(2)(ii), 1.512(c)(3)(ii).



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                                                                                    Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Notices                                                                                                  53273

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

                                                    Written procedures for conducting verification ac-                                            11,701                              1                 11,701         2 .............................          23,402
                                                      tivities; 1.506(b), 1.511(c)(3).
                                                    Determination and documentation of appropriate                                                11,701                             4                  46,804         3.25 ........................          152,113
                                                      supplier verification activities; 1.506(d)(1)–(2),
                                                      1.511(c)(5)(i).
                                                    Review of appropriate supplier verification activi-                                           11,701                              2                23,402          0.33 (20 minutes) ...                     7,723
                                                      ties determined by another entity; 1.506(d)(3),
                                                      1.511(c)(5)(iii).
                                                    Conduct/review              audits;               1.506(e)(1)(i),                             11,701                              2                23,402          3 .............................          70,206
                                                      1.511(c)(4)(ii)(A).
                                                    Conduct            periodic                  sampling/testing;                                11,701                             2                  23,402         1 .............................          23,402
                                                      1.506(e)(1)(ii), 1.511(c)(4)(ii)(B).
                                                    Review records; 1.506(e)(1)(iii), 1.511(c)(4)(ii)(C)                                         11,701                               2                23,402          1.6 ..........................           37,443
                                                    Document your review of supplier verification ac-                                            11,701                               6                70,206          0.25 (15 minutes) ..                     17,552
                                                      tivity records; 1.506(e)(3), 1.511(c)(4)(iii).
                                                    1.507(a)(1) ............................................................                     11,701                         3.17                  37,092           1.25 ........................            46,365
                                                    Written assurances; 1.507(a)(2), 1.507(a)(3), and                                            11,701                         8.72                 102,038           0.50 (30 minutes) ...                    51,019
                                                      1.507(a)(4).
                                                    Disclosures      that        accompany               assurances;                           102,038                                1              102,038           0.50 (30 minutes) ...                    51,019
                                                      1.507(a)(2), 1.507(a)(3), and 1.507(a)(4).
                                                    Document assurances from customers; 1.507(c)                                                  36,522                           2.8                102,262          0.25 (15 minutes) ..                     25,566
                                                    Document corrective actions; 1.508(a) and                                                      2,340                             1                  2,340          2 .............................           4,680
                                                      1.512(b)(4).
                                                    Investigate and determine FSVP adequacy;                                                        2,340                             1                   2,340        5 .............................          11,700
                                                      1.508(b), 1.511(c)(1).

                                                          Subtotal for FSVP Recordkeeping Itemized                                   ........................   ........................           4,984,046           ................................      1,917,186
                                                            Above.

                                                    Written assurances for food produced under die-                                               11,701                        2.88                    33,699         2.25 ........................            75,823
                                                      tary supplement current good manufacturing
                                                      practices; 1.511(b).
                                                    Document very small importer/certain small for-                                               50,450                              1                50,450          1 .............................          50,450
                                                      eign supplier status; 1.512(b)(1).
                                               Written assurances associated with very small im-                                                 50,450                            2.8                141,260          2.25 ........................          317,835
                                                porter/certain small foreign supplier 1.512(b)(3).

                                                    Total ......................................................................     ........................   ........................   ........................    ................................      2,361,294
                                                  1 There   are no capital costs or operating and maintenance costs associated with the information collection.


                                                 We are retaining the currently                                          ACTION:        Notice.                                                        during the regulatory review period by
                                               approved burden estimates. The FSVP                                                                                                                     April 22, 2019. See ‘‘Petitions’’ in the
                                               requirements became effective May 30,                                     SUMMARY:   The Food and Drug                                                  SUPPLEMENTARY INFORMATION section for
                                               2017, and we continue to evaluate                                         Administration (FDA or the Agency) has                                        more information.
                                               associated burden.                                                        determined the regulatory review period                                       ADDRESSES: You may submit comments
                                                 Dated: October 16, 2018.                                                for BESPONSA and is publishing this                                           as follows. Please note that late,
                                               Leslie Kux,                                                               notice of that determination as required                                      untimely filed comments will not be
                                                                                                                         by law. FDA has made the                                                      considered. Electronic comments must
                                               Associate Commissioner for Policy.
                                                                                                                         determination because of the                                                  be submitted on or before December 21,
                                               [FR Doc. 2018–22953 Filed 10–19–18; 8:45 am]
                                                                                                                         submission of applications to the                                             2018. The https://www.regulations.gov
                                               BILLING CODE 4164–01–P
                                                                                                                         Director of the U.S. Patent and                                               electronic filing system will accept
                                                                                                                         Trademark Office (USPTO), Department                                          comments until 11:59 p.m. Eastern Time
                                                                                                                         of Commerce, for the extension of a                                           at the end of December 21, 2018.
                                               DEPARTMENT OF HEALTH AND
                                                                                                                         patent which claims that human                                                Comments received by mail/hand
                                               HUMAN SERVICES
                                                                                                                         biological product.                                                           delivery/courier (for written/paper
                                               Food and Drug Administration                                              DATES:  Anyone with knowledge that any                                        submissions) will be considered timely
                                                                                                                         of the dates as published (see the                                            if they are postmarked or the delivery
                                               [Docket Nos. FDA–2018–E–0675, FDA–                                        SUPPLEMENTARY INFORMATION section) are                                        service acceptance receipt is on or
daltland on DSKBBV9HB2PROD with NOTICES




                                               2018–E–0678, and FDA–2018–E–0689]                                         incorrect may submit either electronic                                        before that date.
                                               Determination of Regulatory Review                                        or written comments and ask for a                                             Electronic Submissions
                                               Period for Purposes of Patent                                             redetermination by December 21, 2018.
                                                                                                                         Furthermore, any interested person may                                          Submit electronic comments in the
                                               Extension; BESPONSA
                                                                                                                         petition FDA for a determination                                              following way:
                                               AGENCY:      Food and Drug Administration,                                regarding whether the applicant for                                             • Federal eRulemaking Portal:
                                               HHS.                                                                      extension acted with due diligence                                            https://www.regulations.gov. Follow the


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Document Created: 2018-10-20 01:50:26
Document Modified: 2018-10-20 01:50:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by December 21, 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 53271 

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