Agency Information Collection Activities; Proposed Collection; Comment Request; Substances Prohibited From Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed

Published date21 December 2018
Record Number2018-27656
CourtFood And Drug Administration
Federal Register, Volume 83 Issue 245 (Friday, December 21, 2018)
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
                [Notices]
                [Pages 65681-65683]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2018-27656]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Food and Drug Administration
                [Docket No. FDA-2013-N-0520]
                Agency Information Collection Activities; Proposed Collection;
                Comment Request; Substances Prohibited From Use in Animal Food or Feed;
                Animal Proteins Prohibited in Ruminant Feed
                AGENCY: Food and Drug Administration, HHS.
                ACTION: Notice.
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                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 the recordkeeping requirements regarding
                animal proteins prohibited in ruminant feed.
                DATES: Submit either electronic or written comments on the collection
                of information by February 19, 2019.
                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 February 19, 2019. The https://www.regulations.gov electronic filing system will accept comments until
                11:59 p.m. Eastern Time at the end of February 19, 2019. 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
                [[Page 65682]]
                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.
                 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-2013-N-0520 for '' Substances Prohibited From Use in Animal Food or
                Feed; Animal Proteins Prohibited in Ruminant Feed.'' 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: 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.
                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.
                Substances Prohibited From Use in Animal Food or Feed; Animal Proteins
                Prohibited in Ruminant Feed--21 CFR 589.2000(e)(1)(iv) OMB Control
                Number 0910-0339--Extension
                 Section 701(a) (21 U.S.C. 371(a)) of the Federal Food, Drug, and
                Cosmetic Act (FD&C Act) gives us the authority to issue regulations for
                the efficient enforcement of the FD&C Act. Our regulation at 21 CFR
                589.2000 provides that animal protein derived from mammalian tissue
                (with some exclusions) is not generally recognized as safe (GRAS) for
                use in ruminant feed and is a food additive subject to certain
                provisions of the act (62 FR 30936, June 5, 1997).
                 This information collection was established because epidemiological
                evidence gathered in the United Kingdom suggested that bovine
                spongiform encephalopathy (BSE), a progressively degenerative central
                nervous system disease, is spread to ruminant animals by feeding
                protein derived from ruminants infected with BSE. This regulation
                places general requirements on persons that manufacture, blend,
                process, and distribute products that contain, or may contain, protein
                derived from mammalian tissue, and feeds made from such products.
                 Specifically, this regulation requires renderers, feed
                manufacturers, and others involved in feed and feed ingredient
                manufacturing and distribution to maintain written procedures
                specifying the cleanout procedures or other means and specifying the
                procedures for separating products that contain or may contain protein
                derived from mammalian tissue from all other protein products from the
                time of receipt until the time of shipment. These written procedures
                are intended to help the firm formalize their processes, and then to
                help inspection personnel confirm that the firm is operating in
                compliance with the regulation. Inspection personnel will evaluate the
                written procedure and confirm it is being followed when they are
                conducting an inspection.
                 These written procedures must be maintained as long as the facility
                is operating in a manner that necessitates the record, and if the
                facility makes changes to an applicable procedure or process the record
                must be updated. Written procedures required by this
                [[Page 65683]]
                section shall be made available for inspection and copying by FDA.
                 Description of Respondents: Respondents include renderers, feed
                manufacturers, and others involved in feed and feed ingredient
                manufacturing and distribution.
                 FDA estimates the burden of this collection of information as
                follows:
                 Table 1--Estimated Annual Recordkeeping Burden \1\
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                 Number of Number of records Total annual Average burden
                 21 CFR Section; activity recordkeepers per recordkeeper records per recordkeeping Total hours
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                589.2000(e)(1)(iv); written procedures................... 320 1 320 14 4,480
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                \1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
                 We base our estimates on our experience with similar requirements
                to maintain written procedures. We base our estimate of the number of
                recordkeepers on inspectional data. Based on a review of the
                information collection since our last request for OMB approval, we have
                made no adjustments to our burden estimate.
                 Dated: December 17, 2018.
                Leslie Kux,
                Associate Commissioner for Policy.
                [FR Doc. 2018-27656 Filed 12-20-18; 8:45 am]
                 BILLING CODE 4164-01-P
                

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