Agency Information Collection Activities; Proposed Collection; Comment Request; Food and Drug Administration Recall Regulations, 54359-54361 [2017-24923]
Download as PDF
54359
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
estimated number of hours that a
stakeholder would spend preparing the
meeting package in accordance with this
guidance, is estimated to be
approximately 18 hours. Based on
FDA’s experience, the Agency expects it
will take stakeholders this amount of
time to gather and copy brief statements
about the product, a description of
details for the anticipated meeting, and
data and information that generally
would already have been compiled for
submission to the Agency. Therefore,
the Agency estimates that stakeholders
will spend 918 hours per year
submitting meeting packages to the
Agency prior to a formal meeting
regarding orphan drug designation
requests, HUD designation requests, rare
pediatric disease designation requests,
funding opportunities through the
Orphan Products Grants Program and
the Pediatric Device Consortia Grants
for stakeholders to submit draft meeting
minutes to the Agency after all formal
meetings and certain informal meetings.
The hours per response, which is the
estimated number of hours that a
stakeholder would spend preparing
draft meeting minutes in accordance
with this guidance, is estimated to be
approximately 8 hours. Based on FDA’s
experience, the Agency expects it will
take stakeholders this amount of time to
summarize the meeting discussion
points, agreements, disagreements, and
action items. Therefore, the Agency
estimates that stakeholders will spend
592 hours per year submitting draft
meeting minutes to the Agency
documenting the meeting outcomes,
agreements, disagreements, and action
items as followup to all formal and
certain informal meetings.
FDA therefore estimates the burden of
this collection of information as follows:
Program, and orphan product patientrelated issues.
Draft meeting minutes. Based upon
information collected from OOPD
program areas, OOPD received
approximately 51 draft meeting minutes
for formal meetings and 23 draft
meeting minutes for informal meetings
in FY 2016 regarding orphan drug
designation requests, HUD designation
requests, rare pediatric disease
designation requests, funding
opportunities through the Orphan
Products Grants Program and the
Pediatric Device Consortia Grants
Program, and orphan product patientrelated issues. FDA anticipates that the
number of stakeholders submitting draft
meeting minutes may remain the same
or increase only slightly; thus, the
Agency estimates that the total number
of respondents will be 74 annually. As
stated previously, it is current practice
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
Meeting requests, packages and minutes
Meeting
Meeting
Meeting
Meeting
Number of
responses per
respondent
Average
burden per
response
Total annual
responses
Total hours
requests (informal) .................................................
requests (formal) ....................................................
packages ................................................................
minutes ...................................................................
2,332
51
51
74
1
1
1
1
2,332
51
51
74
3
10
18
8
6,996
510
918
592
Total ..............................................................................
........................
........................
........................
........................
9,016
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
Since the last OMB approval, we have
increased our estimate by 832 hours and
229 respondents in parallel to an
increase in overall orphan drug
designation submissions and to
correspond meeting requests to the
Office of Orphan Products
Development.
Dated: November 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–24926 Filed 11–16–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
sradovich on DSK3GMQ082PROD with NOTICES
[Docket No. FDA–2017–N–6175]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Food and Drug
Administration Recall Regulations
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
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 FDA recalls for
human drugs, biological products,
devices, animal drugs, food, cosmetics,
and tobacco.
DATES: Submit either electronic or
written comments on the collection of
information by January 16, 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 January 16,
2018. The https://www.regulations.gov
electronic filing system will accept
comments until midnight Eastern Time
at the end of January 16, 2018.
SUMMARY:
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\17NON1.SGM
17NON1
54360
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
• 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–
2017–N–6175 for ‘‘Agency Information
Collection Activities; Proposed
Collection; Food and Drug
Administration Recall Regulations.’’
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
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.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.
Ila
S. Mizrachi, Office of Operations, Food
and Drug Administration, Three White
Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–7726, PRAStaff@
fda.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
FDA Recall Regulations—21 CFR Part 7
OMB Control Number 0910–0249—
Extension
Section 701 of the Federal Food, Drug,
and Cosmetic Act charges the Secretary
of Health and Human Services, through
FDA, with the responsibility of assuring
recalls (21 U.S.C. 371, Regulations and
hearings, and 21 CFR part 7,
Enforcement Policy, Subpart C, Recalls
(Including Product Corrections)—
Guidance on Policy, Procedures, and
Industry Responsibilities which pertain
to the recall regulations and provide
guidance to manufacturers on recall
responsibilities). The regulations and
guidance apply to all FDA-regulated
products (i.e., food, including animal
feed; drugs, including animal drugs;
medical devices, including in vitro
diagnostic products; cosmetics;
biological products intended for human
use; and tobacco).
These responsibilities of companies
conducting recalls include providing
FDA with complete details of the recall
including: (1) Reason(s) for the removal
or correction, risk evaluation, quantity
produced, distribution information,
firm’s recall strategy, a copy of any
recall communication(s), and a contact
official (§ 7.46); (2) notifying direct
accounts of the recall, providing
guidance regarding further distribution,
giving instructions as to what to do with
the product, providing recipients with a
ready means of reporting to the recalling
firm (§ 7.49); and (3) submitting periodic
status reports so that FDA may assess
the progress of the recall. Status report
information may be determined by,
among other things, evaluation return
reply cards, effectiveness checks and
product returns (§ 7.53), and providing
the opportunity for a firm to request in
writing that FDA terminate the recall
(§ 7.55(b)).
A search of the FDA database was
performed to determine the number of
recalls that took place during fiscal
years 2014 to 2016. The resulting
number of total recalls (8,560) from this
database search were then averaged over
the 3 years, and the resulting per year
average of recalls (2,853) are used in
estimating the current annual reporting
burden for this report. The resulting
number of total terminations (8,560)
from this database search were then
averaged over the 3 years, and the
resulting per year average of
terminations (2,853) are used in
estimating the current annual reporting
burden for this report.
FDA estimates the total annual
industry burden to collect and provide
the required information to be 470,745
burden hours.
E:\FR\FM\17NON1.SGM
17NON1
54361
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
The following is a summary of the
estimated annual burden hours for
recalling firms (manufacturers,
processors, and distributors) to comply
with the reporting requirements of
FDA’s recall regulations, recognizing
that there may be a vast difference in the
information collection and reporting
time involved in different recalls of
FDA’s regulated products.
FDA estimates the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
21 CFR section
Number of
responses per
respondent
Average
burden per
response
Total annual
responses
Total hours
Firm initiated recall (§ 7.46) and recall communications
(§ 7.49) ..............................................................................
Recall status reports (§ 7.53) ...............................................
Termination of a recall (§ 7.55(b)) .......................................
2,853
2,853
2,853
1
13
1
2,853
37,089
2,853
25
10
10
71,325
370,890
28,530
Total ..............................................................................
........................
........................
........................
........................
470,745
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
I. Total Annual Reporting
A. Firm Initiated Recall and Recall
Communications
We request firms that voluntarily
remove or correct foods and drugs
(human or animal), cosmetics, medical
devices, biologics, and tobacco to
immediately notify the appropriate FDA
District Office of such actions. The firm
is to provide complete details of the
recall reason, risk evaluation, quantity
produced, distribution information,
firms’ recall strategy, and a contact
official as well as requires firms to
notify their direct accounts of the recall
and to provide recipients with a ready
means of reporting to the recalling firm.
Under these portions of the collection of
information, the Agency estimates it
will receive 2,853 responses annually
based on the average number of recalls
over the last 3 fiscal years. The number
of responses multiplied by the number
of respondents equals 2,853. The
average burden hours, 25, multiplied by
total number of annual responses equal
71,325.
B. Recall Status Reports
We request that recalling firms
provide periodic status reports so FDA
can ascertain the progress of the recall.
This request only applies to firms with
active recalls, and periodic status
reports are estimated to be reported
every 2 to 4 weeks. This collection of
information will generate approximately
2,853 responses annually, based on the
average number of recalls over the last
3 fiscal years, 8,560. The number of
respondents multiplied by the number
of responses per respondents (13) equals
a total number of annual responses of
37,089. The total number of responses,
37,089, multiplied by an average burden
hours of 10 per response equals a total
of 370,890 total hours.
C. Termination of a Recall
We provide the firms an opportunity
to request in writing that FDA end the
recall. The Agency estimates it will
receive 2,853 responses annually based
on the average number of terminations
over the past 3 fiscal years. The total
annual responses of 2,853 multiplied by
the average burden hours of 10 per
response equals a total number of hours
of 28,530.
II. Total Annual Third-Party Disclosure
Burden
Recall Communications. We request
that firms notify their consignees of the
recall and to provide recipients with a
ready means of reporting to the recalling
firm. Under this portion of the
collection of information, the Agency
estimates firms will provide 4,433,562
notifications annually based on the
number of respondents/consignees
(2,853) multiplied by the number of
disclosures per respondent (1,554). The
total number of hours is 248,279 (based
on 4,433,562 multiplied by 0.056
hours).
TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Number of
respondents
21 CFR section
Recall communications (§ 7.49) ...........................................
sradovich on DSK3GMQ082PROD with NOTICES
1 There
Number of
disclosures
per
respondent
2,853
1,554
Total annual
disclosures
4,433,562
Average
burden per
disclosure
Total hours
0.056
248,279
are no capital costs or operating and maintenance costs associated with this information collections.
FDA regulates many different types of
products including, but not limited to,
medical products, food and feed,
cosmetics, and tobacco products. FDA
notes that not all third-party disclosures
provided by firms to their consignees
are similar in nature and may entail
different methods and mediums of
communication. FDA estimates the
burden for third-party disclosure per
recall event to be an average of 25 hours.
This burden estimate factored out to the
average number of consignees per recall
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
(1,554) results in a burden per
disclosure estimate of approximate
hours (25 hours per recall/1,554
disclosures/recall = 0.056 hours).
Dated: November 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–24923 Filed 11–16–17; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–N–6152]
Authorizations of Emergency Use of In
Vitro Diagnostic Devices for Detection
of Zika Virus; Availability
BILLING CODE 4164–01–P
PO 00000
AGENCY:
Food and Drug Administration,
HHS.
Frm 00046
Fmt 4703
Sfmt 4703
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54359-54361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24923]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2017-N-6175]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Food and Drug Administration Recall Regulations
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 FDA recalls for human drugs, biological
products, devices, animal drugs, food, cosmetics, and tobacco.
DATES: Submit either electronic or written comments on the collection
of information by January 16, 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 January 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of January 16, 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.
[[Page 54360]]
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-2017-N-6175 for ``Agency Information Collection Activities;
Proposed Collection; Food and Drug Administration Recall Regulations.''
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.gpo.gov/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: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852, 301-796-7726,
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 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.
FDA Recall Regulations--21 CFR Part 7
OMB Control Number 0910-0249--Extension
Section 701 of the Federal Food, Drug, and Cosmetic Act charges the
Secretary of Health and Human Services, through FDA, with the
responsibility of assuring recalls (21 U.S.C. 371, Regulations and
hearings, and 21 CFR part 7, Enforcement Policy, Subpart C, Recalls
(Including Product Corrections)--Guidance on Policy, Procedures, and
Industry Responsibilities which pertain to the recall regulations and
provide guidance to manufacturers on recall responsibilities). The
regulations and guidance apply to all FDA-regulated products (i.e.,
food, including animal feed; drugs, including animal drugs; medical
devices, including in vitro diagnostic products; cosmetics; biological
products intended for human use; and tobacco).
These responsibilities of companies conducting recalls include
providing FDA with complete details of the recall including: (1)
Reason(s) for the removal or correction, risk evaluation, quantity
produced, distribution information, firm's recall strategy, a copy of
any recall communication(s), and a contact official (Sec. 7.46); (2)
notifying direct accounts of the recall, providing guidance regarding
further distribution, giving instructions as to what to do with the
product, providing recipients with a ready means of reporting to the
recalling firm (Sec. 7.49); and (3) submitting periodic status reports
so that FDA may assess the progress of the recall. Status report
information may be determined by, among other things, evaluation return
reply cards, effectiveness checks and product returns (Sec. 7.53), and
providing the opportunity for a firm to request in writing that FDA
terminate the recall (Sec. 7.55(b)).
A search of the FDA database was performed to determine the number
of recalls that took place during fiscal years 2014 to 2016. The
resulting number of total recalls (8,560) from this database search
were then averaged over the 3 years, and the resulting per year average
of recalls (2,853) are used in estimating the current annual reporting
burden for this report. The resulting number of total terminations
(8,560) from this database search were then averaged over the 3 years,
and the resulting per year average of terminations (2,853) are used in
estimating the current annual reporting burden for this report.
FDA estimates the total annual industry burden to collect and
provide the required information to be 470,745 burden hours.
[[Page 54361]]
The following is a summary of the estimated annual burden hours for
recalling firms (manufacturers, processors, and distributors) to comply
with the reporting requirements of FDA's recall regulations,
recognizing that there may be a vast difference in the information
collection and reporting time involved in different recalls of FDA's
regulated products.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average
21 CFR section Number of responses per Total annual burden per Total hours
respondents respondent responses response
----------------------------------------------------------------------------------------------------------------
Firm initiated recall (Sec. 2,853 1 2,853 25 71,325
7.46) and recall communications
(Sec. 7.49)..................
Recall status reports (Sec. 2,853 13 37,089 10 370,890
7.53)..........................
Termination of a recall (Sec. 2,853 1 2,853 10 28,530
7.55(b)).......................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 470,745
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
I. Total Annual Reporting
A. Firm Initiated Recall and Recall Communications
We request firms that voluntarily remove or correct foods and drugs
(human or animal), cosmetics, medical devices, biologics, and tobacco
to immediately notify the appropriate FDA District Office of such
actions. The firm is to provide complete details of the recall reason,
risk evaluation, quantity produced, distribution information, firms'
recall strategy, and a contact official as well as requires firms to
notify their direct accounts of the recall and to provide recipients
with a ready means of reporting to the recalling firm. Under these
portions of the collection of information, the Agency estimates it will
receive 2,853 responses annually based on the average number of recalls
over the last 3 fiscal years. The number of responses multiplied by the
number of respondents equals 2,853. The average burden hours, 25,
multiplied by total number of annual responses equal 71,325.
B. Recall Status Reports
We request that recalling firms provide periodic status reports so
FDA can ascertain the progress of the recall. This request only applies
to firms with active recalls, and periodic status reports are estimated
to be reported every 2 to 4 weeks. This collection of information will
generate approximately 2,853 responses annually, based on the average
number of recalls over the last 3 fiscal years, 8,560. The number of
respondents multiplied by the number of responses per respondents (13)
equals a total number of annual responses of 37,089. The total number
of responses, 37,089, multiplied by an average burden hours of 10 per
response equals a total of 370,890 total hours.
C. Termination of a Recall
We provide the firms an opportunity to request in writing that FDA
end the recall. The Agency estimates it will receive 2,853 responses
annually based on the average number of terminations over the past 3
fiscal years. The total annual responses of 2,853 multiplied by the
average burden hours of 10 per response equals a total number of hours
of 28,530.
II. Total Annual Third-Party Disclosure Burden
Recall Communications. We request that firms notify their
consignees of the recall and to provide recipients with a ready means
of reporting to the recalling firm. Under this portion of the
collection of information, the Agency estimates firms will provide
4,433,562 notifications annually based on the number of respondents/
consignees (2,853) multiplied by the number of disclosures per
respondent (1,554). The total number of hours is 248,279 (based on
4,433,562 multiplied by 0.056 hours).
Table 2--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average
21 CFR section Number of disclosures Total annual burden per Total hours
respondents per respondent disclosures disclosure
----------------------------------------------------------------------------------------------------------------
Recall communications (Sec. 2,853 1,554 4,433,562 0.056 248,279
7.49)..........................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this information collections.
FDA regulates many different types of products including, but not
limited to, medical products, food and feed, cosmetics, and tobacco
products. FDA notes that not all third-party disclosures provided by
firms to their consignees are similar in nature and may entail
different methods and mediums of communication. FDA estimates the
burden for third-party disclosure per recall event to be an average of
25 hours. This burden estimate factored out to the average number of
consignees per recall (1,554) results in a burden per disclosure
estimate of approximate hours (25 hours per recall/1,554 disclosures/
recall = 0.056 hours).
Dated: November 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24923 Filed 11-16-17; 8:45 am]
BILLING CODE 4164-01-P