Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Interstate Shellfish Dealer's Certificate


Federal Register, Volume 78 Issue 51 (Friday, March 15, 2013)

Federal Register Volume 78, Number 51 (Friday, March 15, 2013)


Pages 16512-16513

From the Federal Register Online via the Government Printing Office

FR Doc No: 2013-05970



Food and Drug Administration

Docket No. FDA-2012-N-1108

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Interstate Shellfish Dealer's Certificate

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.


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

DATES: Fax written comments on the collection of information by April 15, 2013.

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 All comments should be identified with the OMB control number 0910-0021. Also include the FDA docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400, Rockville, MD 20850, 301-796-5733,

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.

Interstate Shellfish Dealer's Certificate (OMB Control Number 0910-


Under section 243 of the Public Health Service Act (42 U.S.C. 243), FDA is required to cooperate with and aid State and local authorities in the enforcement of their health regulations

Page 16513

and is authorized to assist States in the prevention and suppression of communicable diseases. Under this authority, FDA participates with State regulatory agencies, some foreign nations, and the molluscan shellfish industry in the National Shellfish Sanitation Program (NSSP).

NSSP is a voluntary, cooperative program to promote the safety of molluscan shellfish by providing for the classification and patrol of shellfish growing waters and for the inspection and certification of shellfish processors. Each participating State and foreign nation monitors its molluscan shellfish processors and issues certificates for those that meet the State or foreign shellfish control authority's criteria. Each participating State and nation provides a certificate of its certified shellfish processors to FDA on Form FDA 3038, ``Interstate Shellfish Dealer's Certificate.'' FDA uses this information to publish the ``Interstate Certified Shellfish Shippers List,'' a monthly comprehensive listing of all molluscan shellfish processors certified under the cooperative program. If FDA did not collect the information necessary to compile this list, participating States would not be able to identify and keep out shellfish processed by uncertified processors in other States and foreign nations. Consequently, NSSP would not be able to control the distribution of uncertified and possibly unsafe shellfish in interstate commerce, and its effectiveness would be nullified.

In the Federal Register of November 15, 2012 (77 FR 68129), FDA published a 60-day notice requesting public comment on the proposed extension of this collection of information. FDA received one letter in response to the notice, containing multiple comments on the testing methods used by certified shellfish processors in the NSSP. These comments were outside the scope of the four collection-of-information topics on which the notice requested comments, and will not be discussed in this document. FDA estimates the burden of this collection of information as follows:

Table 1--Estimated Annual Reporting Burden \1\


Number of

Activity FDA Form No. Number of responses per Total annual Average burden Total hours

respondents respondent responses per response


Submission of Interstate Shellfish Dealer's 3038 40 57 2,280 0.10 228



\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates that 40 respondents will submit 2,280 Interstate Shellfish Dealer's Certificates annually, for a total burden of 228 hours (2,280 submissions x 0.10 hours = 228 hours). This estimate is based on FDA's experience and the number of certificates received in the past 3 years.

Dated: March 11, 2013.

Leslie Kux,

Assistant Commissioner for Policy.

FR Doc. 2013-05970 Filed 3-14-13; 8:45 am