Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Infant Formula Requirements, 21754-21756 [2021-08470]

Download as PDF 21754 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices III. Participating in the Public Workshop DEPARTMENT OF HEALTH AND HUMAN SERVICES Registration: Persons interested in attending this public workshop must register online by May 26, 2021, at https://www.eventbrite.com/e/modelinformed-drug-developmentapproaches-for-immunogenicityassessments-tickets-138618787525. Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone. Registration is free and based on space availability, with priority given to early registrants. If you need special accommodations due to a disability, please contact Loni Warren Henderson or Sherri Revell (see FOR FURTHER INFORMATION CONTACT) no later than May 26, 2021. Please note, Computer Aided Realtime Translation/ captioning will be available. Streaming Webcast of the Public Workshop: This public workshop will be streamed via webcast only. If you have never attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/ help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program, visit https://www.adobe.com/ go/connectpro_overview. FDA has verified the website addresses in this document as of the date this document publishes in the Federal Register, but websites are subject to change over time. Transcripts: Please be advised that as soon as a transcript of the public workshop is available, it will be accessible at https:// www.regulations.gov. It may be viewed at the Dockets Management Staff (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. A link to the transcript will also be available on the internet at https://www.fda.gov/ vaccines-blood-biologics/news-eventsbiologics/workshops-meetingsconferences-biologics. Food and Drug Administration Dated: April 20, 2021. Lauren K. Roth, Acting Principal Associate Commissioner for Policy. Infant Formula Requirements—21 CFR parts 106 and 107 khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2021–08487 Filed 4–22–21; 8:45 am] BILLING CODE 4164–01–P VerDate Sep<11>2014 18:15 Apr 22, 2021 Jkt 253001 [Docket No. FDA–2010–N–0190] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Infant Formula Requirements AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA or we) 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: Submit written comments (including recommendations) on the collection of information by May 24, 2021. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be submitted to https:// www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. The OMB control number for this information collection is 0910–0256. Also include the FDA docket number found in brackets in the heading of this document. SUMMARY: FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 301–796–5733, PRAStaff@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. OMB Control Number 0910–0256— Extension Statutory requirements for infant formula under the Federal Food, Drug, and Cosmetic Act (FD&C Act) are intended to protect the health of infants and include a number of reporting and recordkeeping requirements. Among other things, section 412 of the FD&C Act (21 U.S.C. 350a) requires manufacturers of infant formula to PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 establish and adhere to quality control procedures, notify us when infant formula that has left the manufacturers’ control may be adulterated or misbranded, and keep records of distribution. We have issued regulations to implement the FD&C Act’s requirements for infant formula in parts 106 and 107 (21 CFR parts 106 and 107). We also regulate the labeling of infant formula under the authority of section 403 of the FD&C Act (21 U.S.C. 343). Under our labeling regulations for infant formula in part 107, the label of an infant formula must include nutrient information and directions for use. Failure to comply with any of the applicable labeling regulations will render an infant formula misbranded under section 403 of the FD&C Act. The purpose of these labeling requirements is to ensure that consumers have the information they need to prepare and use infant formula appropriately. While the infant formula regulations help ensure the consistent production of safe and nutritionally adequate infant formulas for healthy term infants, they apply with one narrow exception. Section 412(h)(1) of the FD&C Act exempts an infant formula represented and labeled for use by an infant with an inborn error of metabolism, low birth weight, or who otherwise has an unusual medical or dietary problem from the requirements of subsections 412(a), (b), and (c) of the FD&C Act. These formulas are customarily referred to as ‘‘exempt infant formulas.’’ Section 412(h)(2) of the FD&C Act authorizes us to establish terms and conditions for the exemption of an infant formula from the requirements of subsections 412(a), (b), and (c) of the FD&C Act. In support of exempt infant formulas, we have issued the Agency guidance document entitled ‘‘Exempt Infant Formula Production: Current Good Manufacturing Practices (CGMPs), Quality Control Procedures, Conduct of Audits, and Records and Reports.’’ The guidance document includes our recommendation that manufacturers of exempt infant formulas follow, to the extent practicable, subparts A, B, C, D, and F of 21 CFR part 106, and is available at https://www.fda.gov/ regulatory-information/search-fdaguidance-documents/guidanceindustry-exempt-infant-formulaproduction. We have also developed electronic Form FDA 3978 (Infant Formula Tracking System (IFTRACK)) so that infant formula manufacturers may electronically submit reports and notifications in a standardized format to FDA. However, manufacturers that prefer to submit paper submissions in a E:\FR\FM\23APN1.SGM 23APN1 21755 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices format of their own choosing will still have the option to do so. Form FDA 3978 prompts a respondent to include reports and notifications in a standard electronic format and helps the respondent organize their submission to include only the information needed for our review. Screenshots of Form FDA 3978 and instructions are available at https://www.fda.gov/Food/Guidance Regulation/FoodFacilityRegistration/ InfantFormula/default.htm. Description of Respondents: Respondents to this information collection are manufacturers of infant formula. In the Federal Register of December 2, 2020 (85 FR 77469), we published a 60day notice requesting public comment on the proposed collection of information. Two comments were received providing general comment regarding requirements for infant formula labeling; however, neither comment requested revision to the burden estimates. We estimate the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of responses per respondent Number of respondents FD&C Act or 21 CFR Section Total annual responses Average burden per response Total hours Reports; Section 412(d) of the FD&C Act ........... Notifications; § 106.120(b) .................................... Reports for exempt infant formula; § 107.50(b)(3) and (4). Notifications for exempt infant formula; § 107.50(e)(2). Requirements for quality factors—growth monitoring study exemption; § 106.96(c). Requirements for quality factors—Protein Efficiency Ratio exemption; § 106.96(g). New infant formula registration; § 106.110 .......... 5 1 3 13 1 2 65 1 6 10 .................................. 4 .................................... 4 .................................... 650 4 24 1 1 1 4 .................................... 4 4 9 36 20 .................................. 720 1 34 34 12 .................................. 408 4 9 36 18 New infant formula submission; § 106.120 .......... 4 9 36 0.50 ............................... (30 minutes) .................. 10 .................................. 360 Total .............................................................. ........................ ........................ ........................ ....................................... 2,188 1 There are no capital or operating and maintenance costs associated with the information collection. Based on a review of the information collection, we have adjusted our burden estimate to correct a nominal calculation error. This reflects a decrease of 62 annual responses and a corresponding decrease of 308 annual hours. In compiling these estimates, we consulted our records of the number of infant formula submissions received in the past. All infant formula submissions may be provided to us in electronic format. The hours per response reporting estimates are based on our experience with similar programs and information received from industry. The total estimated annual reporting burden is 2,188 hours, as shown in table 1. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 2 Number of recordkeepers FD&C Act or 21 CFR Part Part 106—subpart B: ........................................................... CGMP Requirements ........................................................... Part 106—subparts C through G: Quality control; audits; quality factors; records and reports ................................. Part 107—subpart C; Exempt infant formulas ..................... Exempt infant formula production; GMP; audits, recordkeeping, and reports ........................................................ Total .............................................................................. 1 There Number of records per recordkeeper Total annual records Average burden per recordkeeping 5 429.8 2,149 4.4 9,414 5 3 726.8 10 3,634 30 6 300 21,818 9,000 3 634 1,902 45 85,590 ........................ ........................ ........................ ........................ 125,822 are no capital costs or operating and maintenance costs associated with the information. have been rounded. khammond on DSKJM1Z7X2PROD with NOTICES 2 Numbers The total estimated annual recordkeeping burden is 125,822 hours, as shown in table 2. VerDate Sep<11>2014 18:15 Apr 22, 2021 Jkt 253001 PO 00000 Total hours Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1 21756 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1 Activity; 21 CFR Section Number of respondents Number of disclosures per respondent Total annual disclosures Average burden per disclosure Total hours Nutrient labeling; 107.10(a) and 107.20 .............................. 5 13 65 8 520 1 There are no capital costs or operating and maintenance costs associated with the information collection. We estimate compliance with our infant formula labeling requirements in 21 CFR 107.10(a) and 107.20 requires 520 hours annually. Dated: April 15, 2021. Lauren K. Roth, Acting Principal Associate Commissioner for Policy. [FR Doc. 2021–08470 Filed 4–22–21; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Public Comment Request Information Collection Request Title: Health Center Program: COVID–19 Data Collection Tools, OMB No. 0906–0062—Revision Health Resources and Services Administration (HRSA), Department of Health and Human Services. ACTION: Notice. AGENCY: In compliance with the requirement for opportunity for public comment on proposed data collection projects of the Paperwork Reduction Act of 1995, HRSA announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR. DATES: Comments on this ICR should be received no later than June 22, 2021. ADDRESSES: Submit your comments to paperwork@hrsa.gov or mail the HRSA Information Collection Clearance Officer, Room 14N136B, 5600 Fishers Lane, Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, email paperwork@hrsa.gov or call Lisa Wright-Solomon, the HRSA Information Collection Clearance Officer at (301) 443–1984. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:15 Apr 22, 2021 Jkt 253001 When submitting comments or requesting information, please include the information request collection title for reference. Information Collection Request Title: Health Center Program: COVID–19 Data Collection Tools, OMB No. 0906–0062— Revision. Abstract: This information collection request was previously approved by OMB on June 11, 2020, as an emergency clearance (OMB No.: 0906–0062). HRSA is currently undertaking the standard Paperwork Reduction Act process for normal OMB approval. During the COVID–19 public health emergency, HRSA-supported health centers and Federally Qualified Health Center Look-Alikes (look-alikes) have played a key role in providing testing and care for those affected by the virus. HRSA awarded billions of dollars in new funding to support health center awardees and look-alikes in the detection, prevention, diagnosis, and treatment of COVID–19. This funding has enabled health centers to maintain or increase their staffing levels, conduct training, provide COVID–19 treatment, and administer millions of tests for both existing and new patients. In addition, HRSA, in collaboration with Centers for Disease Control and Prevention, launched the Health Center COVID–19 Vaccine program as part of a White House initiative focused on health equity. This occurred in February 2021 to directly allocate COVID–19 vaccines to HRSA-supported health centers. This ICR to support the implementation of COVID–19 relief funding and response activities includes forms previously submitted in the emergency information collection request clearance: (1) Health Center COVID–19 Data Collection Survey Tool, (2) Addendum to COVID–19 Data Collection Survey Tool, and (3) the Health Center COVID–19 Vaccine Program Readiness Assessment Tool. This revised information collection request includes two newly added forms: (1) Primary Care Association (PCA) COVID–19 Data Collection Survey Tool 1 and (2) the Health Center SUPPLEMENTARY INFORMATION: 1 The bi-weekly COVID–19 PCA Survey Tool (comprised of six questions) is currently approved PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 COVID–19 Vaccine Program Conditions of Participation Agreement. Need and Proposed Use of the Information: HRSA uses the data collected to optimize COVID–19 testing and vaccination; track health center capacity and the impact of COVID–19 on operations, patients, and staff; and better understand training and technical assistance, funding, and other health center resource needs. The data allow HRSA to assess health center capacity prior to program enrollment, supporting successful vaccine allocation strategies while providing HRSA with information on the effectiveness of vaccine distribution through this program. In addition, the data inform HRSA in resource allocation and technical assistance to health centers. The readiness assessment supports HRSA’s analysis of health center ability to successfully participate in the Health Center COVID–19 Vaccine Program. These data are critical to determine health center capacity to implement the vaccination program as well as comply with program requirements. These data are used to assess program readiness including: • Ability to safely store the vaccine • Availability of trained and credentialed staff and other staff capacity • Reporting capacity • Sufficient Personal Protective Equipment • Plan for vaccine transport The health center weekly survey and addendum support HRSA’s ability to monitor progress towards the development and delivery of COVID–19 prevention, preparedness, and/or response activities and ensure appropriate vaccine administration as well as better understand training and technical assistance, funding, and other health center resource needs. The Conditions of Participation Agreement governs all COVID–19 vaccination activities at all health center sites that receive COVID–19 vaccine through the HRSA Health Center under the HHS Secretary’s Public Health Emergency Authority to waive the requirements of the Paperwork Reduction Act during the Public Health Emergency for reporting on a voluntary basis. E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21754-21756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08470]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0190]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Infant Formula 
Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) 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: Submit written comments (including recommendations) on the 
collection of information by May 24, 2021.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. The OMB control number for 
this information collection is 0910-0256. Also include the FDA docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
[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.

Infant Formula Requirements--21 CFR parts 106 and 107

OMB Control Number 0910-0256--Extension

    Statutory requirements for infant formula under the Federal Food, 
Drug, and Cosmetic Act (FD&C Act) are intended to protect the health of 
infants and include a number of reporting and recordkeeping 
requirements. Among other things, section 412 of the FD&C Act (21 
U.S.C. 350a) requires manufacturers of infant formula to establish and 
adhere to quality control procedures, notify us when infant formula 
that has left the manufacturers' control may be adulterated or 
misbranded, and keep records of distribution. We have issued 
regulations to implement the FD&C Act's requirements for infant formula 
in parts 106 and 107 (21 CFR parts 106 and 107). We also regulate the 
labeling of infant formula under the authority of section 403 of the 
FD&C Act (21 U.S.C. 343). Under our labeling regulations for infant 
formula in part 107, the label of an infant formula must include 
nutrient information and directions for use. Failure to comply with any 
of the applicable labeling regulations will render an infant formula 
misbranded under section 403 of the FD&C Act. The purpose of these 
labeling requirements is to ensure that consumers have the information 
they need to prepare and use infant formula appropriately.
    While the infant formula regulations help ensure the consistent 
production of safe and nutritionally adequate infant formulas for 
healthy term infants, they apply with one narrow exception. Section 
412(h)(1) of the FD&C Act exempts an infant formula represented and 
labeled for use by an infant with an inborn error of metabolism, low 
birth weight, or who otherwise has an unusual medical or dietary 
problem from the requirements of subsections 412(a), (b), and (c) of 
the FD&C Act. These formulas are customarily referred to as ``exempt 
infant formulas.'' Section 412(h)(2) of the FD&C Act authorizes us to 
establish terms and conditions for the exemption of an infant formula 
from the requirements of subsections 412(a), (b), and (c) of the FD&C 
Act.
    In support of exempt infant formulas, we have issued the Agency 
guidance document entitled ``Exempt Infant Formula Production: Current 
Good Manufacturing Practices (CGMPs), Quality Control Procedures, 
Conduct of Audits, and Records and Reports.'' The guidance document 
includes our recommendation that manufacturers of exempt infant 
formulas follow, to the extent practicable, subparts A, B, C, D, and F 
of 21 CFR part 106, and is available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-exempt-infant-formula-production.
    We have also developed electronic Form FDA 3978 (Infant Formula 
Tracking System (IFTRACK)) so that infant formula manufacturers may 
electronically submit reports and notifications in a standardized 
format to FDA. However, manufacturers that prefer to submit paper 
submissions in a

[[Page 21755]]

format of their own choosing will still have the option to do so. Form 
FDA 3978 prompts a respondent to include reports and notifications in a 
standard electronic format and helps the respondent organize their 
submission to include only the information needed for our review. 
Screenshots of Form FDA 3978 and instructions are available at https://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/InfantFormula/default.htm.
    Description of Respondents: Respondents to this information 
collection are manufacturers of infant formula.
    In the Federal Register of December 2, 2020 (85 FR 77469), we 
published a 60-day notice requesting public comment on the proposed 
collection of information. Two comments were received providing general 
comment regarding requirements for infant formula labeling; however, 
neither comment requested revision to the burden estimates.
    We estimate the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
  FD&C Act or 21 CFR Section       Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Reports; Section 412(d) of the               5              13              65  10..............             650
 FD&C Act.
Notifications; Sec.                          1               1               1  4...............               4
 106.120(b).
Reports for exempt infant                    3               2               6  4...............              24
 formula; Sec.   107.50(b)(3)
 and (4).
Notifications for exempt                     1               1               1  4...............               4
 infant formula; Sec.
 107.50(e)(2).
Requirements for quality                     4               9              36  20..............             720
 factors--growth monitoring
 study exemption; Sec.
 106.96(c).
Requirements for quality                     1              34              34  12..............             408
 factors--Protein Efficiency
 Ratio exemption; Sec.
 106.96(g).
New infant formula                           4               9              36  0.50............              18
 registration; Sec.   106.110.                                                  (30 minutes)....
New infant formula submission;               4               9              36  10..............             360
 Sec.   106.120.
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............  ..............  ................           2,188
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.

    Based on a review of the information collection, we have adjusted 
our burden estimate to correct a nominal calculation error. This 
reflects a decrease of 62 annual responses and a corresponding decrease 
of 308 annual hours.
    In compiling these estimates, we consulted our records of the 
number of infant formula submissions received in the past. All infant 
formula submissions may be provided to us in electronic format. The 
hours per response reporting estimates are based on our experience with 
similar programs and information received from industry.
    The total estimated annual reporting burden is 2,188 hours, as 
shown in table 1.

                             Table 2--Estimated Annual Recordkeeping Burden \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
     FD&C Act or 21 CFR Part         Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Part 106--subpart B:............               5           429.8           2,149             4.4           9,414
CGMP Requirements...............
Part 106--subparts C through G:                5           726.8           3,634               6          21,818
 Quality control; audits;
 quality factors; records and
 reports........................
Part 107--subpart C; Exempt                    3              10              30             300           9,000
 infant formulas................
Exempt infant formula                          3             634           1,902              45          85,590
 production; GMP; audits,
 recordkeeping, and reports.....
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         125,822
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information.
\2\ Numbers have been rounded.

    The total estimated annual recordkeeping burden is 125,822 hours, 
as shown in table 2.

[[Page 21756]]



                                               Table 3--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                      Activity; 21 CFR Section                          Number of     disclosures per    Total annual    Average burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nutrient labeling; 107.10(a) and 107.20............................               5               13               65                8              520
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information collection.

    We estimate compliance with our infant formula labeling 
requirements in 21 CFR 107.10(a) and 107.20 requires 520 hours 
annually.

    Dated: April 15, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-08470 Filed 4-22-21; 8:45 am]
BILLING CODE 4164-01-P


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