80_FR_77097 80 FR 76859 - Listing of Color Additives Exempt From Certification; Mica-Based Pearlescent Pigments; Confirmation of Effective Date

80 FR 76859 - Listing of Color Additives Exempt From Certification; Mica-Based Pearlescent Pigments; Confirmation of Effective Date

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range76859-76860
FR Document2015-31232

The Food and Drug Administration (FDA or we) is confirming the effective date of November 2, 2015, for the final rule that appeared in the Federal Register of September 30, 2015, and that amended the color additive regulations to provide for the safe use of mica-based pearlescent pigments prepared from titanium dioxide and mica as a color additive in certain distilled spirits.

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76859-76860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31232]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2015-C-1154]


Listing of Color Additives Exempt From Certification; Mica-Based 
Pearlescent Pigments; Confirmation of Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; confirmation of effective date.

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SUMMARY: The Food and Drug Administration (FDA or we) is confirming the 
effective date of November 2, 2015, for the final rule that appeared in 
the Federal Register of September 30, 2015, and that amended the color 
additive regulations to provide for the safe use of mica-based 
pearlescent pigments prepared from titanium dioxide and mica as a color 
additive in certain distilled spirits.

DATES: Effective date of final rule published in the Federal Register 
of September 30, 2015 (80 FR 58600), confirmed: November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Salome Bhagan, Center for Food Safety 
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 
Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-3041.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 30, 
2015 (80 FR 58600), we amended the color additive regulations in Sec.  
73.350 Mica-based pearlescent pigments (21 CFR

[[Page 76860]]

73.350) to increase the maximum permitted alcohol content of distilled 
spirits to which mica-based pearlescent pigments may be added from 23 
percent to 25 percent alcohol by volume, and to remove the current 
limitation for distilled spirits mixtures containing more than 5 
percent wine on a proof gallon basis.
    We gave interested persons until October 30, 2015, to file 
objections or requests for a hearing. We received no objections or 
requests for a hearing on the final rule. Therefore, we find that the 
effective date of the final rule that published in the Federal Register 
of September 30, 2015, should be confirmed.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Foods, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and 
under authority delegated to the Commissioner of Food and Drugs, and 
redelegated to the Director, Center for Food Safety and Applied 
Nutrition, we are giving notice that no objections or requests for a 
hearing were filed in response to the September 30, 2015, final rule. 
Accordingly, the amendments issued thereby became effective November 2, 
2015.

    Dated: December 4, 2015.
Susan Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for 
Food Safety and Applied Nutrition.
[FR Doc. 2015-31232 Filed 12-10-15; 8:45 am]
BILLING CODE 4164-01-P



                                                             Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations                                             76859

                                               (4) Approval of coverage under a                     application will result in continuation                 (5) Changes that have the potential for
                                            general permit shall be determined by                   of coverage of the applicable                         adverse impacts to water resources or
                                            the Executive Director or by any other                  withdrawal, consumptive use or                        competing water users.
                                            manner that the Commission shall                        diversion under the general permit,                     (e) Notice and approval. (1)
                                            establish for any general permit.                       until the Commission takes final action               Applications for modifications are
                                               (5) The Commission may set a fee for                 on the pending individual approval                    subject to the notice requirements of
                                            NOIs to any general permit.                             application.                                          § 806.15.
                                               (6) A project sponsor shall provide                    (f) Action of the Commission. Action                  (2) The Commission or Executive
                                            notice for NOIs in accordance with                      by the Executive Director denying or                  Director may approve, approve with
                                            § 806.15(h) and any additional notice                   revoking coverage under a general                     conditions or deny an application for
                                            requirements that the Commission may                    permit under paragraph (d) of this                    minor modification, or direct that an
                                            adopt for any general permit.                           section, or requiring an individual                   application for major modification be
                                               (7) The requirements of § 806.16                     approval under paragraph (e) of this                  made.
                                            apply to the review of NOIs to any                      section, is not a final action of the                   (3) The Commission may approve,
                                            general permit.                                         Commission until the project sponsor                  approve with conditions or deny an
                                               (8) Upon reissuance or amendment of                  submits and the Commission takes final                application for major modification.
                                            a general permit, all project sponsors                  action on an individual approval
                                                                                                                                                            Dated: December 7, 2015.
                                            permitted to divert, withdraw or                        application.
                                            consumptively use water in accordance                                                                         Stephanie L. Richardson,
                                                                                                    ■ 7. Add § 806.18 to read as follows:
                                            with the previous general permit shall                                                                        Secretary to the Commission.
                                            be permitted to continue to operate with                § 806.18    Approval modifications.                   [FR Doc. 2015–31174 Filed 12–10–15; 8:45 am]
                                            the renewed or modified general permit                     (a) General. A project sponsor shall               BILLING CODE 7040–01–P
                                            unless otherwise notified by the                        submit an application for modification
                                            Commission.                                             of a current approval prior to making a
                                               (9) Notice of receipt of NOIs shall be               change in the design, operational plans,              DEPARTMENT OF HEALTH AND
                                            published on the Commission’s Web                       or use as presented in the application                HUMAN SERVICES
                                            site and in any other manner that the                   upon which the approval was originally
                                            Commission shall establish for any                      issued, and that will affect the terms                Food and Drug Administration
                                            general permit.                                         and conditions of the current approval.
                                               (d) Denial of coverage. The Executive                   (b) Applications for modification. A               21 CFR Part 73
                                            Director will deny or revoke coverage                   project sponsor may apply for a
                                            under a general permit when one or                      modification of a current approval by                 [Docket No. FDA–2015–C–1154]
                                            more of the following conditions exist:                 submitting an application for
                                               (1) The project or project sponsor does              modification to the Commission.                       Listing of Color Additives Exempt
                                            not or can no longer meet the criteria for                 (c) Minor modifications. The                       From Certification; Mica-Based
                                            coverage under a general permit.                        following are minor modifications:                    Pearlescent Pigments; Confirmation of
                                               (2) The diversion, withdrawal or                        (1) Correction of typographical errors;            Effective Date
                                            consumptive use, individually or in                        (2) Changes to monitoring or metering
                                                                                                                                                          AGENCY:    Food and Drug Administration,
                                            combination with other similar                          conditions;
                                                                                                       (3) Addition of sources of water for               HHS.
                                            Commission regulated activities, is                                                                           ACTION:  Final rule; confirmation of
                                            causing or has the potential to cause                   consumptive use;
                                                                                                       (4) Changes to the authorized water                effective date.
                                            adverse impacts to water resources or
                                                                                                    uses;
                                            competing water users.                                     (5) Changes to conditions setting a                SUMMARY:   The Food and Drug
                                               (3) The project does not comport with                                                                      Administration (FDA or we) is
                                                                                                    schedule for developing, implementing,
                                            § 806.21(a) or (b).                                                                                           confirming the effective date of
                                                                                                    and/or reporting on monitoring, data
                                               (4) The project includes other                                                                             November 2, 2015, for the final rule that
                                                                                                    collection and analyses;
                                            diversions, withdrawals or consumptive                     (6) Changes to the design of intakes;              appeared in the Federal Register of
                                            uses that require an individual approval                   (7) Increases to total system limits that          September 30, 2015, and that amended
                                            and the issuance of both an individual                  were established based on the projected               the color additive regulations to provide
                                            approval and a general permit for the                   demand of the project; and                            for the safe use of mica-based
                                            project would constitute an undue                          (8) Modifications of extraction well               pearlescent pigments prepared from
                                            administrative burden on the                            network used for groundwater                          titanium dioxide and mica as a color
                                            Commission.                                             remediation systems.                                  additive in certain distilled spirits.
                                               (5) The Executive Director determines                   (d) Major modifications. Major                     DATES: Effective date of final rule
                                            that a project cannot be effectively                    modifications are changes not                         published in the Federal Register of
                                            regulated under a general permit and is                 considered to be minor modifications.                 September 30, 2015 (80 FR 58600),
                                            more effectively regulated under an                     Major modifications may include, but                  confirmed: November 2, 2015.
                                            individual approval.                                    are not limited to:
                                               (e) Requiring an individual approval.                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                       (1) Increases in the quantity of water
                                            If coverage is denied or revoked under                  withdrawals, consumptive uses or                      Salome Bhagan, Center for Food Safety
                                            paragraph (d) of this section, the project              diversions;                                           and Applied Nutrition (HFS–265), Food
                                            sponsor shall be notified in writing. The                  (2) Increases to peak day consumptive              and Drug Administration, 5100 Paint
                                            notice will include a brief statement for               water use;                                            Branch Pkwy., College Park, MD 20740–
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                                            the reasons for the decision. If coverage                  (3) Increases to the instantaneous                 3835, 240–402–3041.
                                            under a general permit was previously                   withdrawal rate or changes from a single              SUPPLEMENTARY INFORMATION: In the
                                            granted, the notice will also include a                 withdrawal rate to a varied withdrawal                Federal Register of September 30, 2015
                                            deadline for submission of an                           rate;                                                 (80 FR 58600), we amended the color
                                            application for an individual approval.                    (4) Changes affecting passby flow                  additive regulations in § 73.350 Mica-
                                            Timely submission of a complete                         requirements; and                                     based pearlescent pigments (21 CFR


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                                            76860            Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Rules and Regulations

                                            73.350) to increase the maximum                         provide for the safety of the                            Dated: November 24, 2015.
                                            permitted alcohol content of distilled                  participants, crew, spectators, sponsor               J.S. Spaner,
                                            spirits to which mica-based pearlescent                 safety vessels, and general users of the              Captain, U.S. Coast Guard, Captain of the
                                            pigments may be added from 23 percent                   waterway. During the enforcement                      Port San Diego.
                                            to 25 percent alcohol by volume, and to                 period, persons and vessels are                       [FR Doc. 2015–31267 Filed 12–10–15; 8:45 am]
                                            remove the current limitation for                       prohibited from entering into, transiting             BILLING CODE 9110–04–P
                                            distilled spirits mixtures containing                   through, or anchoring within this
                                            more than 5 percent wine on a proof                     regulated area unless authorized by the
                                            gallon basis.                                           Captain of the Port, or his designated                DEPARTMENT OF HOMELAND
                                              We gave interested persons until                      representative.                                       SECURITY
                                            October 30, 2015, to file objections or
                                            requests for a hearing. We received no                  DATES:  The regulations for the marine                Coast Guard
                                            objections or requests for a hearing on                 event listed in 33 CFR 100.1101, Table
                                            the final rule. Therefore, we find that                 1, Item 5, will be enforced from 5:30                 33 CFR Part 117
                                            the effective date of the final rule that               p.m. to 8:30 p.m. on Sunday, December                 [Docket No. USCG–2015–0974]
                                            published in the Federal Register of                    13, 2015 and Sunday, December 20,
                                            September 30, 2015, should be                           2015.                                                 Drawbridge Operation Regulation; Des
                                            confirmed.                                                                                                    Allemands Bayou, Des Allemands, LA
                                                                                                    FOR FURTHER INFORMATION CONTACT:    If
                                            List of Subjects in 21 CFR Part 73                                                                            AGENCY: Coast Guard, DHS.
                                                                                                    you have questions on this document,
                                              Color additives, Cosmetics, Drugs,                    call or email Petty Officer Randolph                  ACTION:Notice of deviation from
                                            Foods, Medical devices.                                 Pahilanga, Waterways Management,                      drawbridge regulation.
                                              Therefore, under the Federal Food,                    U.S. Coast Guard Sector San Diego, CA;                SUMMARY:   The Coast Guard has issued a
                                            Drug, and Cosmetic Act (21 U.S.C. 321,                  telephone (619) 278–7656, email                       temporary deviation from the operating
                                            341, 342, 343, 348, 351, 352, 355, 361,                 D11MarineEventsSD@uscg.mil.                           schedule that governs the Burlington
                                            362, 371, 379e) and under authority                                                                           Northern Santa Fe Railroad swing span
                                            delegated to the Commissioner of Food                   SUPPLEMENTARY INFORMATION:      The Coast
                                                                                                    Guard will enforce the special local                  drawbridge across Des Allemands
                                            and Drugs, and redelegated to the                                                                             Bayou, mile 14.0, at Des Allemands, St.
                                            Director, Center for Food Safety and                    regulations in 33 CFR 100.1101 in
                                                                                                    support of the San Diego Parade of                    Charles and Lafourche Parishes,
                                            Applied Nutrition, we are giving notice                                                                       Louisiana. This deviation is necessary to
                                            that no objections or requests for a                    Lights (Item 5 on Table 1 of 33 CFR
                                                                                                                                                          perform two extensive rest pier
                                            hearing were filed in response to the                   100.1101). The Coast Guard will enforce
                                                                                                                                                          rehabilitations to the bridge. This
                                            September 30, 2015, final rule.                         the special local regulations in the San              deviation allows the bridge to remain in
                                            Accordingly, the amendments issued                      Diego Bay in San Diego, CA from 5:30                  its closed-to-navigation position for
                                            thereby became effective November 2,                    p.m. to 8:30 p.m. on Sunday, December                 three eight-hour periods during three
                                            2015.                                                   13, 2015 and Sunday, December 20,                     consecutive days on two separate
                                              Dated: December 4, 2015.                              2015.                                                 occasions.
                                            Susan Bernard,                                            Under the provisions of 33 CFR                      DATES: This deviation is effective from
                                            Director, Office of Regulations, Policy and             100.1101, persons and vessels are                     7 a.m. on January 13, 2016 through 3
                                            Social Sciences, Center for Food Safety and             prohibited from entering into, transiting             p.m. on January 22, 2016.
                                            Applied Nutrition.                                      through, or anchoring within this                     ADDRESSES: The docket for this
                                            [FR Doc. 2015–31232 Filed 12–10–15; 8:45 am]            regulated area unless authorized by the               deviation, [USCG–2015–0974] is
                                            BILLING CODE 4164–01–P                                  Captain of the Port, or his designated                available at http://www.regulations.gov.
                                                                                                    representative. The Coast Guard may be                Type the docket number in the
                                                                                                    assisted by other Federal, State, or local            ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                            DEPARTMENT OF HOMELAND                                  law enforcement agencies in patrol and                Click on Open Docket Folder on the line
                                            SECURITY                                                notification of this regulation.                      associated with this deviation.
                                            Coast Guard                                               This document is issued under                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                    authority of 5 U.S.C. 552(a) and 33 CFR               you have questions on this temporary
                                            33 CFR Part 100                                         100.1101. In addition to this document                deviation, call or email Donna Gagliano,
                                                                                                    in the Federal Register, the Coast Guard              Bridge Specialist, Coast Guard;
                                            [Docket No. USCG–2015–1016]                                                                                   telephone 504–671–2128, email
                                                                                                    will provide the maritime community
                                                                                                    with advance notification of this                     Donna.Gagliano@uscg.mil.
                                            Special Local Regulation; Southern
                                                                                                    enforcement period via the Local Notice               SUPPLEMENTARY INFORMATION: The
                                            California Annual Marine Events for
                                            the San Diego Captain of the Port Zone                  to Mariners and local advertising by the              Burlington Northern Santa Fe Railroad
                                                                                                    event sponsor.                                        swing span drawbridge across Des
                                            AGENCY:  Coast Guard, DHS.                                                                                    Allemands Bayou, mile 14.0, at Des
                                                                                                      If the Captain of the Port Sector San               Allemands, St. Charles and Lafourche
                                            ACTION: Notice of enforcement of                        Diego or his designated representative
                                            regulation.                                                                                                   Parishes, Louisiana, has a vertical
                                                                                                    determines that the regulated area need               clearance of three feet above mean high
                                            SUMMARY:   The Coast Guard will enforce                 not be enforced for the full duration                 water in the closed-to-navigation
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                                            the San Diego Parade of Lights special                  stated on this document, he or she may                position and unlimited in the open-to-
                                            local regulations on Sunday, December                   use a Broadcast Notice to Mariners or                 navigation position.
                                            13, 2015 and Sunday, December 20,                       other communications coordinated with                    The draw currently operates under 33
                                            2015. This event occurs in north San                    the event sponsor to grant general                    CFR 117.440(b). For purposes of this
                                            Diego Bay in San Diego, CA. These                       permission to enter the regulated area.               deviation, the bridge will not be
                                            special local regulations are necessary to                                                                    required to open from 7 a.m. to 3 p.m.


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Document Created: 2018-03-02 09:13:42
Document Modified: 2018-03-02 09:13:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; confirmation of effective date.
DatesEffective date of final rule published in the Federal Register of September 30, 2015 (80 FR 58600), confirmed: November 2, 2015.
ContactSalome Bhagan, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-3041.
FR Citation80 FR 76859 
CFR AssociatedColor Additives; Cosmetics; Drugs; Foods and Medical Devices

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