Agency Information Collection Activities; Proposed Collection; Comment Request; Importer's Entry Notice, 8549-8550 [E9-3938]

Download as PDF pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices Part 803 requires user facilities to report to the device manufacturer and to FDA in case of a death, incidents where a medical device caused or contributed to a death or serious injury. Additionally, user facilities are required to annually submit the number and summary of advents reported during the calendar year, using FDA Form 3419. Manufacturers of medical devices are required to report to FDA when they become aware of information indicating that one of their devices may have caused or contributed to death or serious injury or has malfunctioned in such a way that should the malfunction recur it would be likely to cause or contribute to a death or serious injury. Device importers report deaths and serious injuries to the manufacturers and FDA. Importers report malfunctions only to the manufacturers, unless they are unknown, then the reports are sent to FDA. The number of respondents for each CFR section in table 1 of this document is based upon the number of respondents entered into FDA’s internal databases. FDA estimates, based on its experience and interaction with the medical device community, that all reporting CFR sections are expected to take 1 hour to complete, with the exception of § 803.19. Section 803.19 is expected to take approximately 3 hours to complete, but is only required for reporting the summarized data quarterly to FDA. By summarizing events, the total time used to report for this section is reduced because the respondents do not submit a full report for each event they report in a quarterly summary report. The agency believes that the majority of manufacturers, user facilities, and importers have already established written procedures to document complaints and information to meet the MDR requirements as part of their internal quality control system. There are an estimated 30,000 medical device distributors. Although they do not submit MDR reports, they must maintain records of complaints, under § 803.18(d). The agency has estimated that on average 220 user facilities, importers, and manufacturers would annually be required to establish new procedures, or revise existing procedures, in order to comply with this provision. Therefore, FDA estimates the onetime burden to respondents for establishing or revising procedures under § 803.17 to be 2,200 hours (220 respondents x 10 hours). For those entities, a one-time burden of 10 hours is estimated for establishing written MDR procedures. The remaining VerDate Nov<24>2008 18:09 Feb 24, 2009 Jkt 217001 manufacturers, user facilities, and importers, not required to revise their written procedures to comply with this provision, are excluded from the burden because the recordkeeping activities needed to comply with this provision are considered ‘‘usual and customary’’ under 5 CFR 1320.3(b)(2). Under § 803.18, 30,000 respondents represent distributors, importers, and other respondents to this information collection. FDA estimates that it should take them approximately 1.5 hours to complete the recordkeeping requirement for this section. Total hours for this section equal 45,000 hours. Dated: February 19, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–4057 Filed 2–24–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–N–0050] Agency Information Collection Activities; Proposed Collection; Comment Request; Importer’s Entry Notice AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the 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 FDA’s need to collect additional information in the Importer’s Entry Notice. DATES: Submit written or electronic comments on the collection of information by April 27, 2009. ADDRESSES: Submit electronic comments on the collection of information to https:// www.regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 8549 comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth G. Berbakos, Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3792. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility; (2) the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Importer’s Entry Notice (OMB Control Number 0910–0046–Extension) In order to make an admissibility decision for each entry, FDA needs four additional pieces of information that are not available in the U.S. Customs and Border Protection’s (CBP’s) data set. These data elements are the FDA Product Code, FDA country of production, FDA manufacturer/shipper, and ultimate consignee. It is the ‘‘automated’’ collection of these four data elements for which OMB approval is requested. FDA construes this request E:\FR\FM\25FEN1.SGM 25FEN1 8550 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices products. FDA may authorize specific lines to enter the U.S. unimpeded, while others in the same entry are to be held pending further FDA review/action. An important feature developed and programmed into FDA’s automated system is that all entry data passes through a screening criteria program. FDA’s electronic screening criteria module makes the initial screening decision on every entry of foreign-origin FDA-regulated product. Virtually instantaneously after the entry is filed, the filer receives FDA’s admissibility decision covering each entry, i.e., ‘‘MAY PROCEED’’ or ‘‘FDA REVIEW.’’ Examples of FDA’s need to further review an entry include: Products originating from a specific country or manufacturer known to have a history of problems, FDA has no previous knowledge of the foreign manufacturer and/or product, and an import alert covering the product has been issued, etc. The system assists FDA entry reviewers by notifying them of as an extension of the prior approval of collection of this data via a different media, i.e., paper. There are additional data elements that filers can provide to FDA along with other entry-related information that, by doing so, may result in their receiving an FDA admissibility decision more expeditiously, e.g., the quantity, value, and Affirmation(s) of Compliance with Qualifier(s). At each U.S. port of entry (seaport, landport, and airport) where foreignorigin FDA-regulated products are offered for import, FDA is notified through CBP’s Automated Commercial System (ACS) by the importer (or his agent) of the arrival of each entry. Following such notification FDA reviews relevant data to ensure the imported product meets the standards as are required for domestic products, makes an admissibility decision, and informs the importer and CBP of its decision. A single entry frequently contains multiple lines of different information such as the issuance of import alerts, thus averting the chance that such information will be missed. With the inception of the interface with CBP’s ACS, FDA’s electronic screening criteria program is applied nationwide. This virtually eliminates problems such as ‘‘port shopping,’’ e.g., attempts to intentionally slip products through one FDA port when refused by another, or to file entries at a port known to receive a high volume of entries. Every electronically submitted entry line of foreign-origin FDAregulated product undergoes automated screening described previously in this document. The screening criteria can be set to be as specific or as broad as applicable; changes are virtually immediately effective. This capability is of tremendous value in protecting the public in the event there is a need to immediately halt a specific product from entering the United States. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 Annual Frequency per Response No. of Respondents 3,727 1 There 1,070 Hours per Response 3,988,371 Total Hours .263 1,048,447 are no capital costs or operating and maintenance costs associated with this collection of information. Dated: February 17, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–3938 Filed 2–24–09; 8:45 am] authorities prior to the effective date of this delegation. This delegation is effective upon date of signature. Dated: February 9, 2009. Charles E. Johnson, Acting Secretary. [FR Doc. E9–3838 Filed 2–24–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES BILLING CODE 4165–15–M Statement of Delegation of Authority Notice is hereby given that I have delegated to the Administrator, Health Resources and Services Administration certain authorities vested in the Secretary, Health and Human Services (HRSA) under Section 307(C), Title III of the Denali Commission Act of 1998, as amended hereafter, pertaining to the Denali Commission’s Demonstration Health Projects. This delegation shall be exercised in accordance with the Department’s applicable policies, procedures and guidelines relating to regulations. In addition, I have affirmed and ratified any actions taken by the HRSA Administrator, or other HRSA officials, which involved the exercise of these VerDate Nov<24>2008 18:09 Feb 24, 2009 Jkt 217001 Department’s applicable policies, procedures, and guidelines. In addition, I have affirmed and ratified any actions taken by the Administrator, or other HRSA officials, which involved the exercise of these authorities prior to the effective date of this delegation. This delegation is effective upon date of signature. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration pwalker on PROD1PC71 with NOTICES Total Annual Responses Dated: February 9, 2009. Charles E. Johnson, Acting Secretary. [FR Doc. E9–3842 Filed 2–24–09; 8:45 am] Health Resources and Services Administration BILLING CODE 4165–15–M Statement of Delegation of Authority DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given that I have delegated to the Administrator, Health Resources and Services Administration, certain authorities vested in the Secretary of Health and Human Services under Section 219 of Public Law 110– 161, as amended hereafter, pertaining to the Delta Health Initiative. These authorities may be redelegated. This delegation excludes the authority to issue regulations and to submit reports to Congress, and shall be exercised in accordance with the PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Indian Health Service Indian Health Professions Preparatory, Indian Health Professions Pregraduate and Indian Health Professions Scholarship Programs Announcement Type: Initial. CFDA Numbers: 93.971, 93.123, and 93.972. Key Dates: Application Deadline: February 28, 2009, for Continuing students. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8549-8550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3938]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0050]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Importer's Entry Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the agency. Under the Paperwork Reduction Act of 1995 
(the 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 FDA's need to collect 
additional information in the Importer's Entry Notice.

DATES: Submit written or electronic comments on the collection of 
information by April 27, 2009.

ADDRESSES: Submit electronic comments on the collection of information 
to https://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852. All comments should be identified with the docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth G. Berbakos, Office of 
Information Management (HFA-710), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-796-3792.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Importer's Entry Notice (OMB Control Number 0910-0046-Extension)

    In order to make an admissibility decision for each entry, FDA 
needs four additional pieces of information that are not available in 
the U.S. Customs and Border Protection's (CBP's) data set. These data 
elements are the FDA Product Code, FDA country of production, FDA 
manufacturer/shipper, and ultimate consignee. It is the ``automated'' 
collection of these four data elements for which OMB approval is 
requested. FDA construes this request

[[Page 8550]]

as an extension of the prior approval of collection of this data via a 
different media, i.e., paper. There are additional data elements that 
filers can provide to FDA along with other entry-related information 
that, by doing so, may result in their receiving an FDA admissibility 
decision more expeditiously, e.g., the quantity, value, and 
Affirmation(s) of Compliance with Qualifier(s).
    At each U.S. port of entry (seaport, landport, and airport) where 
foreign-origin FDA-regulated products are offered for import, FDA is 
notified through CBP's Automated Commercial System (ACS) by the 
importer (or his agent) of the arrival of each entry. Following such 
notification FDA reviews relevant data to ensure the imported product 
meets the standards as are required for domestic products, makes an 
admissibility decision, and informs the importer and CBP of its 
decision. A single entry frequently contains multiple lines of 
different products. FDA may authorize specific lines to enter the U.S. 
unimpeded, while others in the same entry are to be held pending 
further FDA review/action.
    An important feature developed and programmed into FDA's automated 
system is that all entry data passes through a screening criteria 
program. FDA's electronic screening criteria module makes the initial 
screening decision on every entry of foreign-origin FDA-regulated 
product. Virtually instantaneously after the entry is filed, the filer 
receives FDA's admissibility decision covering each entry, i.e., ``MAY 
PROCEED'' or ``FDA REVIEW.''
    Examples of FDA's need to further review an entry include: Products 
originating from a specific country or manufacturer known to have a 
history of problems, FDA has no previous knowledge of the foreign 
manufacturer and/or product, and an import alert covering the product 
has been issued, etc. The system assists FDA entry reviewers by 
notifying them of information such as the issuance of import alerts, 
thus averting the chance that such information will be missed.
    With the inception of the interface with CBP's ACS, FDA's 
electronic screening criteria program is applied nationwide. This 
virtually eliminates problems such as ``port shopping,'' e.g., attempts 
to intentionally slip products through one FDA port when refused by 
another, or to file entries at a port known to receive a high volume of 
entries. Every electronically submitted entry line of foreign-origin 
FDA-regulated product undergoes automated screening described 
previously in this document. The screening criteria can be set to be as 
specific or as broad as applicable; changes are virtually immediately 
effective. This capability is of tremendous value in protecting the 
public in the event there is a need to immediately halt a specific 
product from entering the United States.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Annual Frequency per
                    No. of Respondents                              Response         Total Annual  Responses   Hours per  Response       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
3,727                                                                         1,070                3,988,371                  .263             1,048,447
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: February 17, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-3938 Filed 2-24-09; 8:45 am]
BILLING CODE 4160-01-S
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