[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34746-34748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14817]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0182]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Procedures for the 
Safe and Sanitary Processing and Importing of Fish and Fishery Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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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 July 
19, 2010.

ADDRESSES:  To ensure that comments on the information collection are 
received,

[[Page 34747]]

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 e-mailed to [email protected]. All comments 
should be identified with the OMB control number 0910-0354. Also 
include the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT:  Denver Presley, Jr., Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-3793.

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.

Procedures for the Safe and Sanitary Processing and Importing of Fish 
and Fishery Products--(OMB Control Number 0910-0354)--Extension

    FDA regulations in part 123 (21 CFR part 123) mandate the 
application of hazard analysis and critical control point (HACCP) 
principles to the processing of seafood. HACCP is a preventive system 
of hazard control designed to help ensure the safety of foods. The 
regulations were issued under FDA's statutory authority to regulate 
food safety, including section 402(a)(1) and (a)(4) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(1) and (a)(4)).
    Certain provisions in part 123 require that processors and 
importers of seafood collect and record information. The HACCP records 
compiled and maintained by a seafood processor primarily consist of the 
periodic observations recorded at selected monitoring points during 
processing and packaging operations, as called for in a processor's 
HACCP plan (e.g., the values for processing times, temperatures, 
acidity, etc., as observed at critical control points). The primary 
purpose of HACCP records is to permit a processor to verify that 
products have been produced within carefully established processing 
parameters (critical limits) that ensure that hazards have been 
avoided.
    HACCP records are normally reviewed by appropriately trained 
employees at the end of a production lot or at the end of a day or week 
of production to verify that control limits have been maintained, or 
that appropriate corrective actions were taken if the critical limits 
were not maintained. Such verification activities are essential to 
ensure that the HACCP system is working as planned. A review of these 
records during the conduct of periodic plant inspections also permits 
FDA to determine whether the products have been consistently processed 
in conformance with appropriate HACCP food safety controls.
    Section 123.12 requires that importers of seafood products take 
affirmative steps and maintain records that verify that the fish and 
fishery products they offer for import into the United States were 
processed in accordance with the HACCP and sanitation provisions set 
forth in part 123. These records are also to be made available for 
review by FDA as provided in Sec.  123.12(c).
    The time and costs of these recordkeeping activities will vary 
considerably among processors and importers of fish and fishery 
products, depending on the type and number of products involved, and on 
the nature of the equipment or instruments required to monitor critical 
control points. The burden estimate in table 1 of this document 
includes only those collections of information under the seafood HACCP 
regulations that are not already required under other statutes and 
regulations. The estimate also does not include collections of 
information that are a usual and customary part of businesses' normal 
activities. For example, the tagging and labeling of molluscan 
shellfish (Sec.  1240.60 (21 CFR 1240.60)) is a customary and usual 
practice among seafood processors. Consequently, the estimates in table 
1 account only for information collection and recording requirements 
attributable to part 123. Respondents to this collection of information 
include processors and importers of seafood.
    In the Federal Register of April 9, 2010 (75 FR 18211), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1.--Estimated Annual Recordkeeping Burden\1\
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                                                              No. of       Annual Frequency  of     Total Annual        Hours per
                   21 CFR Section\2\                      Recordkeepers      Recordkeeping\3\         Records           Record\4\         Total Hours
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123.6(a),(b), and (c)                                                  50                     1                 50              16.00                800
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123.6(c)(5)                                                        15,000                     4             60,000               0.30             18,000
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123.8(a)(1) and (c)                                                15,000                     1             15,000               4.00             60,000
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123.12(a)(2)(ii)                                                    4,100                    80            328,000               0.20             65,600
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123.6(c)(7)                                                        15,000                   280          4,200,000               0.30          1,260,000
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123.7(d)                                                            6,000                     4             24,000               0.10              2,400
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123.8(d)                                                           15,000                    47            705,000               0.10             70,500
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123.11(c)                                                          15,000                   280          4,200,000               0.10            420,000
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123.12(c)                                                           4,100                    80            328,000               0.10             32,800
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123.12(a)(2)                                                           41                     1                 41               4.00                164
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Total                                                                                                                                          1,930,264
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\These estimates include the information collection requirements in the following sections: Sec.   123.16--Smoked Fish--process controls (see Sec.
  123.6(b)); Sec.   123.28(a)--Source Controls--molluscan shellfish (see Sec.   123.6(b)); Sec.   123.28(c) and (d)--Records--molluscan shellfish (see
  Sec.   123.6(c)(7)).

[[Page 34748]]

 
\3\Based on an estimated 280 working days per year.
\4\Estimated average time per 8-hour workday unless one-time response.

    FDA bases this hour burden estimate on its experience with the 
application of HACCP principles in food processing. Further, the 
burdens have been estimated using typical small seafood processing 
firms as a model because these firms represent a significant proportion 
of the industry. The hour burden of HACCP recordkeeping activities will 
vary considerably among processors and importers of fish and fishery 
products, depending on the size of the facility and complexity of the 
HACCP control scheme (i.e., the number of products and the number of 
hazards controlled); the daily frequency that control points are 
monitored and values recorded; and also on the extent that data 
recording time and cost are minimized by the use of automated data 
logging technology. The burden estimate does not include burden hours 
for activities that are a usual and customary part of businesses' 
normal activities. For example, the tagging and labeling of molluscan 
shellfish (Sec.  1240.60) is a customary and usual practice among 
seafood processors.
    Based on its records, FDA estimates that there are 15,000 
processors and 4,100 importers. FDA estimates that 50 processors will 
undertake the initial preparation of a hazard analysis and HAACP plan 
(Sec.  123.6(a),(b), and (c)). FDA estimates the burden for the initial 
preparation of a hazard analysis and HAACP plan to be 16 hours per 
processor for a total burden of 800 hours. FDA estimates that all 
processors (15,000 processors) will undertake and keep records of 4 
corrective action plans (Sec.  123.6(c)(5)) for a total of 60,000 
records. FDA estimates the burden for the preparation of each record to 
be 0.30 hours for a total burden of 18,000 hours.
    FDA estimates that all processors (15,000 processors) will annually 
reassess their hazard analysis and HACCP plan (Sec.  123.8(a)(1) and 
(c)). FDA estimates the burden for the reassessment of the hazard 
analysis and HAACP plan to be 4 hours per processor for a total burden 
of 60,000 hours.
    FDA estimates that all importers (4,100 importers) will take 
affirmative steps to verify compliance of imports and prepare 80 
records of their verification activities (Sec.  123.12(a)(2)(ii)) for a 
total of 328,000 records. FDA estimates the burden for the preparation 
of each record to be 0.20 hours for a total burden of 65,600 hours.
    FDA estimates that all processors (15,000 processors) will document 
the monitoring of critical control points (Sec.  123.6(c)(7)) at 280 
records per processor for a total of 4,200,000 records. FDA estimates 
the burden for the preparation of each record to be 0.30 hours for a 
total burden of 1,260,000 hours.
    FDA estimates that 40 percent of all processors (6,000 processors) 
will maintain records of any corrective actions taken due to a 
deviation from a critical limit (Sec.  123.7(d)) at 4 records per 
processor for a total of 24,000 records. FDA estimates the burden for 
the preparation of each record to be 0.10 hours for a total burden of 
2,400 hours.
    FDA estimates that all processors (15,000 processors) will maintain 
records of the calibration of process-monitoring instruments and the 
performing of any periodic end-product and in-process testing (Sec.  
123.8(d)) at 47 records per processor for a total of 705,000 records. 
FDA estimates the burden for the preparation of each record to be 0.10 
hours for a total burden of 70,500 hours.
    FDA estimates that all processors (15,000 processors) will maintain 
sanitation control records (Sec.  123.11(c)) at 280 records per 
processor for a total of 4,200,000 records. FDA estimates the burden 
for the preparation of each record to be 0.10 hours for a total burden 
of 420,000 hours.
    FDA estimates that all importers (4,100 importers) will maintain 
records that verify that the fish and fishery products they offer for 
import into the United States were processed in accordance with the 
HACCP and sanitation provisions set forth in part 123 (Sec.  
123.12(c)). FDA estimates that 80 records will be prepared per importer 
for a total of 328,000 records. FDA estimates the burden for the 
preparation of each record to be 0.10 hours for a total burden of 
32,800 hours.
    FDA estimates that 1 percent of all importers (41 importers) will 
require new written verification procedures to verify compliance of 
imports (Sec.  123.12(a)(2)). FDA estimates the burden for preparing 
the new procedures to be 4 hours per importer for a total burden of 164 
hours.

    Dated: June 14, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-14817 Filed 6-17-10; 8:45 am]
BILLING CODE 4160-01-S