[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Notices]
[Pages 45197-45198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18322]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2014-N-1031]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Food and Drug Administration Recall Regulations
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on FDA 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 October 3, 2014.
ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002, [email protected].
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
Regulation--21 CFR Part 7 (OMB Control Number 0910-0249)--Extension
Section 701 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) charges the Secretary of Health and Human Services (HHS), through
the 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 guidelines 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 include providing FDA with complete details of the
recall including reason(s) for the removal or correction, risk
evaluation, quantity produced, distribution information, the firm's
recall strategy, a copy of any recall communication(s), and a contact
official (Sec. 7.46); 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 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 FDA's database was performed to determine the number of
recalls that took place during fiscal years 2011 to 2013. The resulting
number of total recalls (11,403) from this database search were then
averaged over the 3 years, and the resulting per year average of
recalls (3,801) are used in estimating the current annual reporting
burden for this report. The resulting number of total terminations
(11,403 from this database search were then averaged over the 3 years,
and the resulting per year average of terminations (3,801 are used in
estimating the current annual reporting burden for this report.
FDA estimates the total annual industry burden to collect and
provide the previous information to be 627,165 burden hours.
The following is a summary of the estimated annual burden hours for
recalling firms (manufacturers, processors, and distributors) to comply
with the voluntary 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:
[[Page 45198]]
Table 1--Estimated Annual Reporting Burden \1\
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Number of
Recall Number of responses per Total annual Average burden Total hours
respondents respondent responses per response
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Firm Initiated Recall (21 CFR 3,801 1 3,801 25 95,025
7.46) and Recall Communications
(21 CFR 7.49)..................
Recall Status Reports (21 CFR 3,801 13 49,413 10 494,130
7.53)..........................
Termination of a Recall (21 CFR 3,801 1 3,801 10 38,010
7.55(b)).......................
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Total....................... .............. .............. .............. .............. 627,165
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\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
Request firms 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
3,801 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 equal 3,801. The average burden hours of 25
multiplied by the total number of annual responses equal 95,025. The
average burden hour person response was 30 and has decreased by 5.
B. Recall Status Reports
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 is estimated to be reported every 2 to 4
weeks. This collection of information will generate approximately 3,801
responses annually, based on the average number of recalls over the
last 3 fiscal years 11,403. The number of respondents multiplied by the
number of responses per respondents (13) equal a total number of annual
responses of 49,413. The total number of responses 49,413 with an
average burden hours of 10 per response equal a total of 494,130 total
hours.
C. Termination of a Recall
Provide the firms an opportunity to request in writing that FDA end
the recall. The Agency estimates it will receive 3,801 responses
annually based on the average number of terminations over the past 3
fiscal years. The total annual responses of 3,801 multiplied by the
average burden hours of 10 per response equal a total number of hours
of 38,010.
II. Hours per Response Estimates
FDA has no information which would allow it to make a calculated
estimate on the hours per response burden to FDA regulated firms to
conduct recalls. Variables in the type of products, the quantity and
level of distribution and the various circumstances of recall
notifications could cause the hours per response to vary significantly.
The best guesstimate of average burden hours per response from previous
information collection request reports are utilized again for the
current estimates on burden hours per response.
Dated: July 29, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-18322 Filed 8-1-14; 8:45 am]
BILLING CODE 4164-01-P