Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Tobacco Health Document Submission, 41210-41211 [2010-17230]

Download as PDF 41210 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued 21 CFR Section and Part/Form No. No. of Respondents 101.79(c)(2)(iv) Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 100 0.25 25 1 1,000 1 1,000 25,000 1.03 25,750 0.5 12,875 1 101.105 and 101.100(h) 100 1,000 101.100(d) 1 1 1 40 40 101.108 Total 1,109,873 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1 21 CFR Section No. of Recordkeepers 101.12(e) Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours 25 1 25 1 25 101.13(q)(5) 300,000 1.5 450,000 0.75 337,500 101.14(d)(2) 300,000 1.5 450,000 0.75 337,500 101.22(i)(4) 25 1 25 1 25 1,000 1 1,000 1 1,000 100 1 100 1 100 101.100(d)(2) 101.105(t) Total srobinson on DSKHWCL6B1PROD with NOTICES 1 There 676,150 are no capital costs or operating and maintenance costs associated with this collection of information. The estimated annual reporting and recordkeeping burdens are based on agency communications with industry and FDA’s knowledge of and experience with food labeling and the submission of petitions and requests to the agency. Where an agency regulation implements an information collection requirement in the act or the FPLA, only any additional burden attributable to the regulation has been included in FDA’s burden estimate. No burden has been estimated for those requirements where the information to be disclosed is information that has been supplied by FDA. Also, no burden has been estimated for information that is disclosed to third parties as a usual and customary part of a food producer’s normal business activities. Under 5 CFR 1320.3(c)(2), the public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public is not a collection of information. Under 5 CFR 1320.3(b)(2), the time, effort, and financial resources necessary to comply with a collection of information are excluded from the burden estimate if the reporting, recordkeeping, or disclosure activities needed to comply are usual and customary because they VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 would occur in the normal course of activities. In this request for extension of OMB approval under the PRA, FDA is no longer combining the burden hours associated with OMB Control Numbers 0910–0395 (collection titled, ‘‘Food Labeling: Nutrition Labeling of Dietary Supplements on a ‘Per Day’ Basis’’) and 0910–0515 (collection titled, ‘‘Food Labeling: Trans Fatty Acids in Nutrition Labeling’’), with the burden hours approved under OMB Control Number 0910–0381 (collection titled, ‘‘Food Labeling Regulations’’) as announced previously. Such consolidation may occur in the future. Dated: July 9, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2010–17229 Filed 7–14–10; 8:45 am] BILLING CODE 4160–01–S PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0185] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Tobacco Health Document Submission AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (the PRA). DATES: Fax written comments on the collection of information by August 16, 2010. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or e-mailed to E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0654. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50– 400B, Rockville, MD 20850, 301–796– 3794, Jonnalynn.Capezzuto@fda.hhs.gov. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Tobacco Health Document Submission—(OMB Control Number 0910–0654)—Extension On June 22, 2009, the President signed the Tobacco Control Act (Public Law 111–31) into law. The Tobacco Control Act granted FDA important new authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health generally and to reduce tobacco use by minors. Among its many provisions, the Tobacco Control Act added section 904(a)(4) to the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 387d(a)(4)), requiring submission of documents related to certain effects of tobacco products. Section 904(a)(4) of the act requires each tobacco product manufacturer or importer, or agent thereof, to submit all documents developed after June 22, 2009, ‘‘that relate to health, toxicological, behavioral, or physiologic effects of current or future tobacco products, their constituents (including smoke constituents), ingredients, components, and additives.’’ Information required under section 904(a)(4) of the act must be submitted to FDA beginning December 22, 2009. FDA issued a draft guidance document entitled ‘‘Tobacco Health Document Submission’’’ on December 28, 2009 (74 FR 68629) to assist persons making certain document submissions to FDA under section 904(a)(4) of the act. The guidance document was finalized on April 20, 2010 (75 FR 20606). While electronic submission of tobacco health documents is not required, FDA designed the eSubmitter application as an alternative for mailing documents. This electronic tool allows for importation of large quantities of structured data, attachments of files (e.g., in portable document format (PDFs) and certain media files), and automatic acknowledgement of FDA’s receipt of submissions. FDA also developed a paper form (FDA Form 3743) as an alternative submission tool. Both the eSubmitter application and the paper form can be accessed at https:// www.fda.gov/tobacco. On September 1, 2009 (74 FR 45219), FDA published notice in the Federal Register announcing that a proposed collection of information had been submitted to OMB for emergency processing under the PRA. On September 15, 2009 (74 FR 47257), FDA published a notice correcting the length of the comment period, keeping it open until October 1, 2009. On October 13, 2009 (74 FR 52495), FDA published a notice reopening the comment period until October 26, 2009. On January 7, 2010, FDA received emergency approval 41211 for this information collection. Based on comments indicating that the burden estimate was too low, FDA has adjusted its original burden estimate from 1.0 hour per response to 200 hours per response. FDA also increased the annual frequency per response from 1 to 4 (quarterly). FDA is maintaining the original estimate of the number of respondents at 10. FDA is basing its estimates on the total number of tobacco firms it is aware of, its experience with document production, and comments received in response to the draft guidance document published on December 28, 2009. In the Federal Register of April 20, 2010 (75 FR 20603), FDA published a 60-day notice requesting public comment on the proposed collection of information. FDA received one comment in response to the 60-day notice soliciting public comment on the extension of OMB approval for this information collection. The comment stated that the classification/coding recommendations will impose burdens that significantly exceed the burden estimate of 200 hours and will likely inundate FDA with information with little incremental value. The estimated 200 hours per response burden is based on the average burden estimate among all 10 respondents. Therefore, on an individual basis, the actual burden per respondent may be higher or lower than the 200 hours estimate since it is an average value. FDA currently is evaluating the classification/coding recommendations and will revisit this issue in future guidance. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 Activity No. of Respondents Tobacco Health Document Submission and Form FDA 3743 1 There 10 Total Annual Responses 4 Hours per Response 40 200 Total Hours 8,000 are no capital costs or operating and maintenance costs associated with this collection of information. Dated: July 9, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2010–17230 Filed 7–14–10; 8:45 am] srobinson on DSKHWCL6B1PROD with NOTICES Annual Frequency per Response BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director; Notice of Establishment Pursuant to the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), the Director, Office of Federal Advisory Committee Policy, National Institutes of Health (NIH), VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 announces the establishment of the Interagency Pain Research Coordinating Committee. Public Law 111–148 (‘‘Patient Protection and Affordable Care Act’’), Title IV, as it amends Part B of Title IV of the Public Health Service Act (42 USC 284 et seq.) requires the committee to: (a) Develop a summary of advances in pain care research supported or conducted by Federal agencies relevant to the diagnosis, prevention, and E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Pages 41210-41211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17230]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0185]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Tobacco Health 
Document Submission

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995 (the PRA).

DATES: Fax written comments on the collection of information by August 
16, 2010.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or e-mailed to

[[Page 41211]]

oira_submission@omb.eop.gov. All comments should be identified with 
the OMB control number 0910-0654. Also include the FDA docket number 
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information 
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, 
Rockville, MD 20850, 301-796-3794, Jonnalynn.Capezzuto@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Tobacco Health Document Submission--(OMB Control Number 0910-0654)--
Extension

    On June 22, 2009, the President signed the Tobacco Control Act 
(Public Law 111-31) into law. The Tobacco Control Act granted FDA 
important new authority to regulate the manufacture, marketing, and 
distribution of tobacco products to protect the public health generally 
and to reduce tobacco use by minors. Among its many provisions, the 
Tobacco Control Act added section 904(a)(4) to the Federal Food, Drug, 
and Cosmetic Act (the act) (21 U.S.C. 387d(a)(4)), requiring submission 
of documents related to certain effects of tobacco products.
    Section 904(a)(4) of the act requires each tobacco product 
manufacturer or importer, or agent thereof, to submit all documents 
developed after June 22, 2009, ``that relate to health, toxicological, 
behavioral, or physiologic effects of current or future tobacco 
products, their constituents (including smoke constituents), 
ingredients, components, and additives.'' Information required under 
section 904(a)(4) of the act must be submitted to FDA beginning 
December 22, 2009.
    FDA issued a draft guidance document entitled ``Tobacco Health 
Document Submission''' on December 28, 2009 (74 FR 68629) to assist 
persons making certain document submissions to FDA under section 
904(a)(4) of the act. The guidance document was finalized on April 20, 
2010 (75 FR 20606). While electronic submission of tobacco health 
documents is not required, FDA designed the eSubmitter application as 
an alternative for mailing documents. This electronic tool allows for 
importation of large quantities of structured data, attachments of 
files (e.g., in portable document format (PDFs) and certain media 
files), and automatic acknowledgement of FDA's receipt of submissions. 
FDA also developed a paper form (FDA Form 3743) as an alternative 
submission tool. Both the eSubmitter application and the paper form can 
be accessed at https://www.fda.gov/tobacco.
    On September 1, 2009 (74 FR 45219), FDA published notice in the 
Federal Register announcing that a proposed collection of information 
had been submitted to OMB for emergency processing under the PRA. On 
September 15, 2009 (74 FR 47257), FDA published a notice correcting the 
length of the comment period, keeping it open until October 1, 2009. On 
October 13, 2009 (74 FR 52495), FDA published a notice reopening the 
comment period until October 26, 2009. On January 7, 2010, FDA received 
emergency approval for this information collection. Based on comments 
indicating that the burden estimate was too low, FDA has adjusted its 
original burden estimate from 1.0 hour per response to 200 hours per 
response. FDA also increased the annual frequency per response from 1 
to 4 (quarterly).
    FDA is maintaining the original estimate of the number of 
respondents at 10. FDA is basing its estimates on the total number of 
tobacco firms it is aware of, its experience with document production, 
and comments received in response to the draft guidance document 
published on December 28, 2009.
    In the Federal Register of April 20, 2010 (75 FR 20603), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received one comment in response to the 
60-day notice soliciting public comment on the extension of OMB 
approval for this information collection. The comment stated that the 
classification/coding recommendations will impose burdens that 
significantly exceed the burden estimate of 200 hours and will likely 
inundate FDA with information with little incremental value. The 
estimated 200 hours per response burden is based on the average burden 
estimate among all 10 respondents. Therefore, on an individual basis, 
the actual burden per respondent may be higher or lower than the 200 
hours estimate since it is an average value. FDA currently is 
evaluating the classification/coding recommendations and will revisit 
this issue in future guidance.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                  No. of          Annual Frequency       Total Annual          Hours per
 Activity       Respondents         per Response           Responses           Response          Total  Hours
----------------------------------------------------------------------------------------------------------------
Tobacco                     10                     4                  40             200                   8,000
 Health
 Document
 Submissio
 n and
 Form FDA
 3743
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: July 9, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-17230 Filed 7-14-10; 8:45 am]
BILLING CODE 4160-01-S
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