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76056 Federal Register / Vol. 70, No.

245 / Thursday, December 22, 2005 / Notices

Based on the history of the PHN has submitted the following proposed Types of operator records discussed
program, it is estimated that an average collection of information to OMB for in the manuals and listed in the
of three collections will be conducted a review and clearance. following burden estimates include:
year. The total burden of response time Food safety management systems (plans
Voluntary Hazard Analysis and Critical
is estimated at 10 minutes per survey. that delineate the formal procedures to
Control Point (HACCP) Manuals for
This was derived by CDRH staff follow to control all food safety hazards
Operators and Regulators of Retail and
completing the survey and through in an operation); risk control plans
Food Service Establishments
discussions with the contacts in trade (HACCP-based, goal-oriented plans for
organizations. The draft Operator’s Manual contains achieving active managerial control over
Dated: December 8, 2005. information and recommendations for specific out-of-control foodborne illness
Jeffrey Shuren, operators of retail and foodservice risk factors); hazard analysis (written
establishments who wish to develop assessment of the significant food safety
Assistant Commissioner for Policy.
and implement a voluntary food safety hazards associated with foods prepared
[FR Doc. E5–7642 Filed 12–21–05; 8:45 am] in the establishment); prerequisite
management system based on HACCP
BILLING CODE 4160–01–S programs (written policies or
principles. Operators may decide to
incorporate some or all of the principles procedures, including but not limited
presented in the draft manual into their to, standard operating procedures,
DEPARTMENT OF HEALTH AND training protocols, and buyer
existing food safety management
HUMAN SERVICES specifications that address maintenance
systems. The recordkeeping practices
Food and Drug Administration discussed in the draft manual are of basic operational and sanitation
voluntary and may include conditions); monitoring (records
[Docket No. 2005D–0274] documenting certain activities, such as showing the observations or
monitoring and verification, which the measurements that are made to help
Agency Information Collection operator may or may not deem determine if critical limits are being met
Activities; Submission for Office of necessary to ensure food safety. The and maintained); corrective action
Management and Budget Review; draft manual includes optional (records indicating the activities that are
Comment Request; Voluntary Hazard worksheets to assist operators in completed whenever a critical limit is
Analysis and Critical Control Point developing and validating a voluntary not met); ongoing verification (records
Manuals for Operators and Regulators food safety management system. showing the procedures that are
of Retail and Food Service followed to ensure that monitoring and
The draft Regulator’s Manual contains
Establishments other functions of the food safety
recommendations for State, local, and
AGENCY: Food and Drug Administration, tribal regulators on conducting risk- management system are being
HHS. based inspections of retail and implemented properly); and validation
foodservice establishments, including (records indicating that scientific and
ACTION: Notice. technical information is collected and
recommendations about recordkeeping
SUMMARY: The Food and Drug practices that can assist operators in evaluated to determine if the food safety
Administration (FDA) is announcing preventing foodborne illness. These management system, when properly
that a proposed collection of recommendations may lead to voluntary implemented, effectively controls the
information has been submitted to the actions by operators based on hazards).
Office of Management and Budget consultation with regulators. For All recommendations in both manuals
(OMB) for review and clearance under example, an operator may develop a risk are voluntary. For simplicity and to
the Paperwork Reduction Act of 1995. control plan as an intervention strategy avoid duplicate estimates for operator
for controlling specific out-of-control recordkeeping practices that are
DATES: Fax written comments on the
foodborne illness risk factors identified discussed in both manuals, the burden
collection of information by January 23,
during an inspection. Further, the draft for all collection of information
2006.
manual contains recommendations to recommendations for retail and
ADDRESSES: OMB is still experiencing foodservice operators are estimated
assist regulators when evaluating
significant delays in the regular mail, together in table 1 of this document,
voluntary food safety management
including first class and express mail, regardless of the manual in which they
systems in retail and foodservice
and messenger deliveries are not being appear. Collection of information
establishments. Such evaluations
accepted. To ensure that comments on recommendations for regulators in the
typically consist of the following two
the information collection are received, Regulator’s Manual are listed separately
components: Validation (assessing
OMB recommends that comments be in table 2 of this document.
whether the establishment’s voluntary
faxed to the Office of Information and The likely respondents to this
food safety management system is
Regulatory Affairs, OMB, Attn: Fumie collection of information are operators
adequate to control food safety hazards)
Yokota, Desk Officer for FDA, FAX: and regulators of retail and foodservice
and verification (assessing whether the
202–395–6974. establishments.
establishment is following its voluntary
FOR FURTHER INFORMATION CONTACT: food safety management system). The In the Federal Register of July 21,
Jonna Capezzuto, Office of Management draft manual includes a sample 2005 (70 FR 42072), FDA published a
Programs (HFA–250), Food and Drug ‘‘Verification Inspection Checklist’’ to 60-day notice requesting public
Administration, 5600 Fishers Lane, assist regulators when conducting comment on the information collection
Rockville, MD 20857, 301–827–4659. verification inspections of provisions. No comments were received.
cchase on PROD1PC60 with NOTICES

SUPPLEMENTARY INFORMATION: In establishments with voluntary food FDA estimates the burden of the
compliance with 44 U.S.C. 3507, FDA safety management systems. collection of information as follows:

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices 76057

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR OPERATORS1


No. of Annual Frequency Total Annual Hours per
Types of Records Total Hours
Recordkeepers of Recordkeeping Records Recordkeeper

Food Safety Management System 50,0002 1 50,000 60 3,000,000

Hazard Analysis 50,0002 1 50,000 20 1,000,000

Prerequisite Program Records 100,0003 365 36,500,000 0.1 3,650,000

Monitoring Records 100,0003 365 36,500,000 0.3 10,950,000

Corrective Action Records 100,0003 365 36,500,000 0.1 3,650,000

Ongoing Verification Records (includes


calibration records) 100,0003 365 36,500,000 0.1 3,650,000

Validation Records 50,0003 1 50,000 4 200,000

Total First Year Burden4: 26,100,000

Annual Burden4: 22,100,000

Risk Control Plan 50,000 1 50,000 2 100,000

Monitoring Records 100,000 90 9,000,000 0.3 2,700,000

Corrective Action Records 100,000 90 9,000,000 0.1 900,000

Ongoing Verification Records (includes


calibration records) 100,000 90 9,000,000 0.1 900,000

Annual Burden5 4,600,000

Total Annual Burden for Operators (Excluding First Year) 26,700,000


1 There are no capital costs or operating and maintenance costs associated with this collection of information.
2 First year burden only.
3 Annual burden.
4 Burden for developing and implementing a food safety management system based on the Operator’s Manual.
5 Annual burden for developing and implementing a risk control plan based on the Regulator’s Manual.

The burden for these activities may inspection. FDA’s estimate of the total to conduct monitoring, corrective
vary among retail and foodservice number of retail and foodservice action, recordkeeping, and verification
operators depending on the type and establishments is based on numbers outlined in the system. The agency
number of products involved, the obtained from the two major trade further estimates that validation will be
complexity of an establishment’s organizations representing these conducted once per year, based on
operation, the nature of the equipment industries, the Food Marketing Institute menu or food list changes, changes in
or instruments required to monitor and the National Restaurant distributors, or changes in food
critical control points, and the extent to Association, respectively. FDA seeks preparation processes used. The
which an operator uses the Operator’s comments on this estimate. validation will require a total of 4 labor
Manual and/or the Regulator’s Manual. The hour burden estimates in table 1 hours.
The estimate does not include of this document for operators who The second set of estimates in table 1
collections of information that are a follow the HACCP-based of this document shows the annual
usual and customary part of an recommendations in the Operator’s burden for developing and
operator’s normal activities. FDA has Manual are based on the estimated implementing a risk control plan to
established as a goal to have 50,000 (1/ average annual information collection control specific out-of-control foodborne
2 of 1 percent) of the approximately one burden for mandatory HACCP rules, illness risk factors identified during an
million U.S. retail and foodservice including seafood HACCP (60 FR 65096 inspection by a State, local, or tribal
operators implement the at 65178, December 18, 1995) and juice regulatory authority. If an operator
recommendations outlined in the two HACCP (66 FR 6138 at 6202, January 19, decides to use a risk control plan as
manuals. This target figure is used in 2001). FDA estimates that during the recommended in the Regulator’s
calculating the burden in tables 1 and 2 first year, 20 labor hours are needed to Manual, one person from the
of this document because the agency conduct the hazard analysis and 60 establishment is needed to work with
lacks data on how to base an estimate labor hours are needed to develop a the regulator to develop the written
of how many retail and foodservice food safety management system (HACCP plan. FDA estimates that two
establishments are likely to use one or plan). Once the system is in place, the recordkeepers per day (one
cchase on PROD1PC60 with NOTICES

more of the manuals to voluntarily annual frequency of records is based on recordkeeper for each shift) would be
implement a comprehensive food safety 365 operating days per year. Assuming needed to conduct monitoring,
management system based on HACCP there is one recordkeeper per shift of corrective action, recordkeeping, and
principles or a risk control plan for out- operation, the agency estimates that two verification outlined in the risk control
of-control processes identified during an recordkeepers per day would be needed plan. The estimated duration of

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76058 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices

implementation for a risk control plan is recommended time to achieve long-term


90 days, which is the minimum behavior change.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR REGULATORS1


No. of Annual Frequency Total Annual Hours per
Types of Records Total Hours
Recordkeepers of Recordkeeping Records Recordkeeper

Voluntary Food Safety Management System Evalua-


tion (includes validation, verification, and completion
of verification inspection checklist) 50,000 1 50,000 16 800,000

Total Annual Burden for Regulators 800,000


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

It is difficult to predict the number of DEPARTMENT OF HEALTH AND undertook a study of the use of the
State, local, and tribal regulatory HUMAN SERVICES FDA’s advisory committees. In its final
jurisdictions that will use the report in 1992, one of the IOM’s
Regulator’s Manual. But FDA Food and Drug Administration recommendations was for FDA to adopt
anticipates that retail and foodservice a policy of publishing an advance yearly
Advisory Committees; Tentative schedule of its upcoming public
establishments which voluntarily Schedule of Meetings for 2006
develop and implement a food safety advisory committee meetings in the
management system based on the AGENCY: Food and Drug Administration, Federal Register; FDA has implemented
Operator’s Manual will request their HHS. this recommendation. The annual
regulatory authorities to conduct an ACTION: Notice. publication of tentatively scheduled
evaluation of their system. The advisory committee meetings will
SUMMARY: The Food and Drug provide both advisory committee
estimates in table 2 of this document for Administration (FDA) is announcing a members and the public with the
the annual burden to State, local, and tentative schedule of forthcoming opportunity, in advance, to schedule
tribal regulators that follow the meetings of its public advisory attendance at FDA’s upcoming advisory
recommendations in the Regulator’s committees for 2006. During 1991, at the committee meetings. Because the
Manual were calculated based on the request of the Commissioner of Food schedule is tentative, amendments to
usual time needed for one person to and Drugs (the Commissioner), the this notice will not be published in the
evaluate a voluntarily-implemented Institute of Medicine (the IOM) Federal Register. However, changes to
food safety management system and conducted a study of the use of FDA’s the schedule will be posted on the FDA
record the findings. The number of advisory committees. In its final report, advisory committees’ Internet site
times an inspector may be asked by an one of the IOM’s recommendations was located at http://www.fda.gov/oc/
operator to evaluate a voluntarily- for the agency to publish an annual advisory/default.htm. FDA will
implemented system is not expected to tentative schedule of its meetings in the continue to publish a Federal Register
exceed once per year. Federal Register. This publication notice 15 days in advance of each
implements the IOM’s recommendation. upcoming advisory committee meeting,
Dated: December 8, 2005.
FOR FURTHER INFORMATION CONTACT: to announce the meeting (21 CFR 14.20).
Jeffrey Shuren,
Theresa L. Green, Advisory Committee The following list announces FDA’s
Assistant Commissioner for Policy. Oversight and Management Staff (HF– tentatively schedule advisory committee
[FR Doc. E5–7644 Filed 12–21–05; 8:45 am] 4), Food and Drug Administration, 5600 meeting for 2006. You may also obtain
BILLING CODE 4160–01–S Fishers Lane, Rockville, MD 20857, up-to-date information by calling the
301–827–1220. Advisory Committee Information Line,
SUPPLEMENTARY INFORMATION: The IOM, 1–800–741–8138 (301–443–0572 in the
at the request of the Commissioner, Washington, DC area).

Advisory Committee
Committee Name Tentative Date(s) of Meetings 10-Digit Information
Line Code

OFFICE OF THE COMMISSIONER

Pediatric Advisory Committee March, June, and November day(s) to be an- 8732310001
nounced.

Science Board to the Food and Drug Administration April and November day(s) to be announced. 3014512603

CENTER FOR BIOLOGICS EVALUATION AND RESEARCH

Allergenic Products Advisory Committee March 31, September 13. 3014512388


cchase on PROD1PC60 with NOTICES

Blood Products Advisory Committee March 9–10, July 13–14, October 26–27. 3014519516

Cellular, Tissue and Gene Therapies Advisory Committee February 9–10, July 13–14, November 2–3. 3014512389

Transmissible Spongiform Encephalopathies Advisory Committee To be announced. 3014512392

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