Agency Information Collection Activities; Proposed Collection; Comment Request; National Agriculture and Food Defense Strategy Survey

Published date04 January 2021
Citation86 FR 104
Record Number2020-29082
SectionNotices
CourtFood And Drug Administration
Federal Register, Volume 86 Issue 1 (Monday, January 4, 2021)
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
                [Notices]
                [Pages 104-106]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-29082]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Food and Drug Administration
                [Docket No. FDA-2018-N-1129]
                Agency Information Collection Activities; Proposed Collection;
                Comment Request; National Agriculture and Food Defense Strategy Survey
                AGENCY: Food and Drug Administration, HHS.
                ACTION: Notice.
                -----------------------------------------------------------------------
                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 information collection requirements for
                a voluntary survey for the Department of Health and Human Services
                (HHS), the U.S. Department of Agriculture (USDA), and the Department of
                Homeland Security (DHS), which will inform the FDA Food Safety
                Modernization Act (FSMA), National Agriculture and Food Defense
                Strategy (NAFDS) Report to Congress. The proposed survey will be used
                to determine what food defense activities, if any, State, local,
                territorial, and/or tribal (SLTT) agencies have completed to date. The
                information will be compared to the initial baseline data collected by
                State(s) in 2018.
                DATES: Submit either electronic or written comments on the collection
                of information by March 5, 2021.
                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 March 5, 2021. The https://www.regulations.gov electronic filing system will accept comments until
                11:59 p.m. Eastern Time at the end of March 5, 2021. 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:
                [[Page 105]]
                 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 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-2018-N-1129 for ``Agency Information Collection Activities;
                Proposed Collection; Comment Request; National Agriculture and Food
                Defense Strategy Survey.'' 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, 240-402-7500.
                 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.govinfo.gov/content/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, 240-402-7500.
                FOR FURTHER INFORMATION CONTACT: 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,
                [email protected].
                SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), 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.
                National Agriculture and Food Defense Strategy Survey
                OMB Control Number 0910-0855--Extension
                 We are seeking OMB approval of the NAFDS under section 108 of FSMA.
                This is a voluntary survey of SLTT governments intended to gauge
                government activities in food and agriculture defense from intentional
                contamination and emerging threats. The collected information will be
                included in the mandatory NAFDS followup Report to Congress. The
                authority for us to collect the information derives from the
                Commissioner of Food and Drugs' authority provided in section
                1003(d)(2)(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                393(d)(2)(c)).
                 Protecting the nation's food and agriculture supply against
                intentional contamination and other emerging threats is an important
                responsibility shared by SLTT governments as well as private sector
                partners. On January 4, 2011, the President signed into law FSMA. FSMA
                focuses on ensuring the safety of the U.S. food supply by shifting the
                efforts of Federal regulators from response to prevention and
                recognizes the importance of strengthening existing collaboration among
                all stakeholders to achieve common public health and security goals.
                FSMA identifies some key priorities for working with partners in areas
                such as reliance on Federal, State, and local agencies for inspections;
                improving foodborne illness surveillance; and leveraging and enhancing
                State and local food safety and defense capacities. Section 108 of FSMA
                (NAFDS) requires HHS and USDA, in coordination with DHS, to work
                together with State, local,
                [[Page 106]]
                territorial, and tribal governments to monitor and measure progress in
                food defense.
                 In 2015, the initial NAFDS Report to Congress detailed the specific
                Federal response to food and agriculture defense goals, objectives, key
                initiatives, and activities that HHS, USDA, DHS, and other stakeholders
                planned to accomplish to meet the objectives outlined in FSMA. The
                NAFDS charts a direction for how Federal Agencies, in cooperation with
                SLTT governments and private sector partners, protect the nation's food
                supply against intentional contamination. Not later than 4 years after
                the initial NAFDS Report to Congress (2015), and every 4 years
                thereafter (i.e., 2019, 2023, 2027, etc.), HHS, USDA, and DHS are
                required to revise and submit an updated report to the relevant
                committees of Congress.
                 FDA is the Agency primarily responsible for obtaining the
                information from Federal and SLTT partners to complete the NAFDS Report
                to Congress. An interagency working group will conduct the survey and
                collect and update the NAFDS as directed by FSMA, including developing
                metrics and measuring progress for the evaluation process.
                 The survey of Federal and State partners will be used to determine
                what food defense activities, if any, Federal and/or SLTT agencies have
                completed (or are planning on completing) from 2021 to 2025. Planning
                for the local, territorial, and tribal information collections will
                commence during this period of renewal. The survey will continue to be
                repeated approximately every 2 to 4 years, as described in section 108
                of FSMA. The NAFDS survey is being administered for the purpose of
                monitoring progress in food and agricultural defense by government
                agencies.
                 A purposive sampling strategy is employed, such that the government
                agencies participating in food and agricultural defense are asked to
                respond to the voluntary survey. Food defense leaders responsible for
                conducting food defense activities during a food emergency for their
                jurisdiction are identified and will receive an emailed invitation to
                complete the survey online; they will be provided with a web link to
                the survey. The survey will be conducted electronically on the FDA.gov
                web portal, and results will be analyzed by the interagency working
                group.
                 Description of Respondents: Respondents to this collection are SLTT
                government representatives (survey respondents) who are food defense
                leaders responsible for conducting food defense activities during a
                food emergency for their jurisdictions.
                 We estimate the burden of this collection of information as
                follows:
                 Table 1--Estimated Annual Reporting Burden \1\
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                 Number of
                 Activity Number of responses per Total annual Average burden per response Total hours
                 respondents respondent responses
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                SLTT Surveys.......................... 500 1 500 0.33 (20 minutes)................... 165
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                \1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
                 The FDA Office of Partnerships reviewed the questionnaire and
                provided the estimate of time to complete the survey. The total burden
                is based on our previous experiences conducting surveys. The burden has
                been revised to reflect the total number of states and possible number
                of local, tribal, and territorial entities that may partake of the
                survey. Based on a review of the information collection since our last
                request for OMB approval, we have increased our burden estimate by 149
                hours (from 16.17 to 165 hours) and 451 respondents (from 49 to 500
                respondents).
                 Dated: December 29, 2020.
                Lauren K. Roth,
                Acting Principal Associate Commissioner for Policy.
                [FR Doc. 2020-29082 Filed 12-31-20; 8:45 am]
                BILLING CODE 4164-01-P
                

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