Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Device Recall Authority, 38151-38153 [2018-16618]

Download as PDF 38151 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices regulation for investigational use. Section 409(b) of the FD&C Act (21 U.S.C. 348(b)) specifies the information that must be submitted by a petitioner to establish the safety of a food additive and to secure the issuance of a regulation permitting its use. To implement the provisions of § 409 of the FD&C Act, we issued procedural regulations under 21 CFR part 571. These procedural regulations are designed to specify more thoroughly the information that must be submitted to meet the requirement set down in broader terms by the FD&C Act. The regulations add no substantive requirements to those indicated in the FD&C Act, but attempt to explain these requirements and provide a standard format for submission to speed processing of the petition. Labeling requirements for food additives intended for animal consumption are also set forth in various regulations terms by the FD&C Act. Labeling requirements for investigational food additives are also set forth in various regulations contained in 21 CFR 501. The labeling regulations are considered by FDA to be cross-referenced to § 570.17, which is the subject of this same OMB clearance for investigational food additive files. The information collected is necessary to protect the public health. We use the information submitted by food manufacturers or food additive manufacturers to ascertain whether the data establish the identity of the substance, justify its intended effect in/ on the food, and establish that its intended use in/on food is safe. Description of Respondents: Respondents to this collection of information are food manufacturers or food additive manufacturers. FDA estimates the burden of this collection of information as follows: contained in 21 CFR parts 501, 573, and 579. The labeling regulations are considered by FDA to be crossreferenced to § 571.1, which is the subject of this same OMB clearance for food additive petitions. With regard to the investigational use of food additives, § 409(j) of the FD&C Act (§ 409(j)) (21 U.S.C. 348(j)) provides that any food additive, or any food bearing or containing such an additive, may be exempted from the requirements of this section if intended solely for investigational use by qualified experts. Investigational use of a food additive is typically to address the safety and/or intended physical or technical effect of the additive. To implement the provisions of § 409(j), we issued regulations under 21 CFR 570.17. These regulations are designed to specify more thoroughly the information that must be submitted to meet the requirement set down in broad TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Food Additive Petitions: 571.1(c) Moderate Category ......................................... 571.1(c) Complex Category .......................................... 571.6 Amendment of Petition ....................................... Investigational Food Additive Files: 570.17 Moderate Category ........................................... 570.17 Complex Category ............................................ Total Hours ............................................................ amozie on DSK3GDR082PROD with NOTICES1 1 There Number of responses per respondent Number of respondents 21 CFR section Average burden per response Total annual responses Total hours 12 12 2 1 1 1 12 12 2 3,000 10,000 1,300 36,000 120,000 2,600 4 5 1 1 4 5 1,500 5,000 6,000 25,000 ........................ ........................ ........................ ........................ 189,600 are no capital costs or operating and maintenance costs associated with this collection of information. We base our estimate of the total annual responses on submissions received during fiscal years 2016 and 2017. We base our estimate of the hours per response upon our experience with the petition and filing processes. § 571.1(c) Moderate Category: For a food additive petition without complex chemistry, manufacturing, efficacy or safety issues, the estimated time requirement per petition is approximately 3,000 hours. We estimate that, annually, 12 respondents will each submit 1 such petition, for a total of 36,000 hours. § 571.1(c) Complex Category: For a food additive petition with complex chemistry, manufacturing, efficacy and/ or safety issues, the estimated time requirement per petition is approximately 10,000 hours. We estimate that, annually, 12 respondents will each submit 1 such petition, for a total of 120,000 hours. § 571.6: For a food additive petition amendment, the estimated time requirement per petition is VerDate Sep<11>2014 18:26 Aug 02, 2018 Jkt 244001 approximately 1,300 hours. We estimate that, annually, two respondents will each submit one such amendment, for a total of 2,600 hours. § 570.17 Moderate Category: For an investigational food additive file without complex chemistry, manufacturing, efficacy, or safety issues, the estimated time requirement per file is approximately 1,500 hours. We estimate that, annually, four respondents will each submit one such file, for a total of 6,000 hours. § 570.17 Complex Category: For an investigational food additive file with complex chemistry, manufacturing, efficacy, and/or safety issues, the estimated time requirement per file is approximately 5,000 hours. We estimate that, annually, five respondents will each submit one such file, for a total of 25,000 hours. The burden for this information collected has not changed since the last OMB approval. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Dated: July 24, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–16616 Filed 8–2–18; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2018–N–0405] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Device Recall Authority AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the SUMMARY: E:\FR\FM\03AUN1.SGM 03AUN1 38152 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. Fax written comments on the collection of information by September 4, 2018. DATES: 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 emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0432. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 301–796–8867, PRAStaff@ fda.hhs.gov. In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. SUPPLEMENTARY INFORMATION: Medical Device Recall Authority OMB Control Number 0910–0432— Extension This collection of information implements section 518(e) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360h(e)) and part 810 (21 CFR part 810), mandatory medical device recall authority provisions. Section 518(e) of the FD&C Act provides FDA with the authority to issue an order requiring an appropriate person, including manufacturers, importers, distributors, and retailers of a device, if FDA finds that there is reasonable probability that the device intended for human use would cause serious adverse health consequences or death, to: (1) Immediately cease distribution of such device and (2) immediately notify health professionals and device-user facilities of the order and to instruct such professionals and facilities to cease use of such device. FDA will then provide the person named in the cease distribution and notification order with the opportunity for an informal hearing on whether the order should be amended to require a mandatory recall of the device. If, after providing the opportunity for an informal hearing, FDA determines that such an order is necessary, the Agency may amend the order to require a mandatory recall. FDA issued part 810 to implement the provisions of section 518 of the FD&C Act. The information collected under the mandatory recall authority provisions will be used by FDA to implement mandatory recalls. In the Federal Register of February 22, 2018 (83 FR 7740), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of responses per respondent Number of respondents Collection activity/21 CFR section Total annual responses Average burden per response Total hours Collections Specified in the Order—810.10(d) .................... Request for Regulatory Hearing—810.11(a) ....................... Written Request for Review—810.12(a)–(b) ....................... Mandatory Recall Strategy—810.14 .................................... Periodic Status Reports—810.16(a)–(b) .............................. Termination Request—810.17(a) ......................................... 2 1 1 2 2 2 1 1 1 1 12 1 2 1 1 2 24 2 8 8 8 16 40 8 16 8 8 32 960 16 Total Hours ................................................................... ........................ ........................ ........................ ........................ 1,040 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 Collection activity/21 CFR section Number of recordkeepers Number of records per recordkeeper Total annual records Average burden per recordkeeping Total hours Documentation of Notifications to Recipients—810.15(b) ... 2 1 2 8 16 Average burden per disclosure Total hours 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1 Number of respondents amozie on DSK3GDR082PROD with NOTICES1 Collection activity/21 CFR section Number of disclosures per respondent Total annual disclosures Notification to Recipients—810.15(a)–(c) ............................ Notification to Recipients; Follow-up—810.15(d) ................ Notification of Consignees by Recipients—810.15(e) ......... 2 2 10 1 1 1 2 2 10 12 4 1 24 8 10 Total .............................................................................. ........................ ........................ ........................ ........................ 42 1 There are no capital costs or operating and maintenance costs associated with this collection of information. VerDate Sep<11>2014 19:44 Aug 02, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices The burden estimate has not changed for information collection related to section 518(e) of the FD&C Act and part 810 since the last OMB approval. Dated: July 24, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–16618 Filed 8–2–18; 8:45 am] BILLING CODE 4164–01–P comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202– 395–7285, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0799. Also include the FDA docket number found in brackets in the heading of this document. 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: DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2018–N–0270] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice and Retail Food Stores Facility Types AGENCY: Food and Drug Administration, HHS. ACTION: Notice. 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. DATES: Fax written comments on the collection of information by September 4, 2018. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written SUMMARY: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. SUPPLEMENTARY INFORMATION: Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice and Retail Food Stores Facility Types OMB Control Number 0910–0799— Reinstatement I. Background From 1998 to 2008, FDA’s National Retail Food Team conducted a study to measure trends in the occurrence of foodborne illness risk factors, preparation practices, and employee behaviors most commonly reported to the Centers for Disease Control and Prevention as contributing factors to foodborne illness outbreaks at the retail level. Specifically, data was collected by FDA specialists in retail and foodservice 38153 establishments at 5-year intervals (1998, 2003, and 2008) to observe and document trends in the occurrence of the following foodborne illness risk factors: • Food from Unsafe Sources, • Poor Personal Hygiene, • Inadequate Cooking, • Improper Holding/Time and Temperature, and • Contaminated Equipment/CrossContamination. FDA developed reports summarizing the findings for each of the three data collection periods (1998, 2003, and 2008) (Refs. 1 to 3). Data from all three data collection periods were analyzed to detect trends in improvement or regression over time and to determine whether progress had been made toward the goal of reducing the occurrence of foodborne illness risk factors in selected retail and foodservice facility types (Ref. 4). Using this 10-year survey as a foundation, in 2013 to 2014, FDA initiated a new study in full service and fast food restaurants. This study will span 10 years with additional data collections planned for 2017 to 2018 and 2021 to 2022. FDA recently completed the baseline data collection in select healthcare, school, and retail food store facility types in 2015 to 2016. This proposed study will also span 10 years with additional data collections planned for 2019 to 2020 (the subject of this information collection request reinstatement) and 2023 to 2024 (which will be posted in the Federal Register at the next renewal). TABLE 1—DESCRIPTION OF THE FACILITY TYPES INCLUDED IN THE SURVEY Facility type Description Healthcare Facilities ............. Hospitals and long-term care facilities foodservice operations that prepare meals for highly susceptible populations as defined as follows: • Hospitals—A foodservice operation that provides for the nutritional needs of inpatients by preparing meals and transporting them to the patient’s room and/or serving meals in a cafeteria setting (meals in the cafeteria may also be served to hospital staff and visitors). • Long-term care facilities—A foodservice operation that prepares meals for the residents in a group care living setting such as nursing homes and assisted living facilities. Note: For the purposes of this study, healthcare facilities that do not prepare or serve food to a highly susceptible population, such as mental healthcare facilities, are not included in this facility type category. Foodservice operations that have the primary function of preparing and serving meals for students in one or more grade levels from kindergarten through grade 12. A school foodservice may be part of a public or private institution. Supermarkets and grocery stores that have a deli department/operation as described as follows: • Deli department/operation—Areas in a retail food store where foods, such as luncheon meats and cheeses, are sliced for the customers and where sandwiches and salads are prepared onsite or received from a commissary in bulk containers, portioned, and displayed. Parts of deli operations may include: • Salad bars, pizza stations, and other food bars managed by the deli department manager. • Areas where other foods are cooked or prepared and offered for sale as ready-to-eat and are managed by the deli department manager. Data will also be collected in the following areas of a supermarket or grocery store, if present: Schools (K–12) ..................... amozie on DSK3GDR082PROD with NOTICES1 Retail Food Stores ............... VerDate Sep<11>2014 18:26 Aug 02, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38151-38153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16618]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0405]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Medical Device Recall 
Authority

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

[[Page 38152]]

Office of Management and Budget (OMB) for review and clearance under 
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by 
September 4, 2018.

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 emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0432. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

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.

Medical Device Recall Authority

OMB Control Number 0910-0432--Extension

    This collection of information implements section 518(e) of the 
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360h(e)) and 
part 810 (21 CFR part 810), mandatory medical device recall authority 
provisions. Section 518(e) of the FD&C Act provides FDA with the 
authority to issue an order requiring an appropriate person, including 
manufacturers, importers, distributors, and retailers of a device, if 
FDA finds that there is reasonable probability that the device intended 
for human use would cause serious adverse health consequences or death, 
to: (1) Immediately cease distribution of such device and (2) 
immediately notify health professionals and device-user facilities of 
the order and to instruct such professionals and facilities to cease 
use of such device.
    FDA will then provide the person named in the cease distribution 
and notification order with the opportunity for an informal hearing on 
whether the order should be amended to require a mandatory recall of 
the device.
    If, after providing the opportunity for an informal hearing, FDA 
determines that such an order is necessary, the Agency may amend the 
order to require a mandatory recall.
    FDA issued part 810 to implement the provisions of section 518 of 
the FD&C Act. The information collected under the mandatory recall 
authority provisions will be used by FDA to implement mandatory 
recalls.
    In the Federal Register of February 22, 2018 (83 FR 7740), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
   Collection activity/21 CFR        Number of     responses per   Total annual   Average burden    Total hours
             section                respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Collections Specified in the                   2               1               2               8              16
 Order--810.10(d)...............
Request for Regulatory Hearing--               1               1               1               8               8
 810.11(a)......................
Written Request for Review--                   1               1               1               8               8
 810.12(a)-(b)..................
Mandatory Recall Strategy--                    2               1               2              16              32
 810.14.........................
Periodic Status Reports--                      2              12              24              40             960
 810.16(a)-(b)..................
Termination Request--810.17(a)..               2               1               2               8              16
                                 -------------------------------------------------------------------------------
    Total Hours.................  ..............  ..............  ..............  ..............           1,040
----------------------------------------------------------------------------------------------------------------
\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 burden
                 Collection activity/21 CFR section                     Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documentation of Notifications to Recipients--810.15(b)............               2                1                2                8               16
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                            Table 3--Estimated Annual Third-Party Disclosure Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
   Collection activity/21 CFR        Number of      disclosures    Total annual   Average burden    Total hours
             section                respondents   per respondent    disclosures   per disclosure
----------------------------------------------------------------------------------------------------------------
Notification to Recipients--                   2               1               2              12              24
 810.15(a)-(c)..................
Notification to Recipients;                    2               1               2               4               8
 Follow-up--810.15(d)...........
Notification of Consignees by                 10               1              10               1              10
 Recipients--810.15(e)..........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............              42
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 38153]]

    The burden estimate has not changed for information collection 
related to section 518(e) of the FD&C Act and part 810 since the last 
OMB approval.

    Dated: July 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-16618 Filed 8-2-18; 8:45 am]
 BILLING CODE 4164-01-P


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