81_FR_75900 81 FR 75689 - Listing of Color Additives Exempt From Certification; Titanium Dioxide and Listing of Color Additives Subject to Certification; [Phthalocyaninato (2-)] Copper

81 FR 75689 - Listing of Color Additives Exempt From Certification; Titanium Dioxide and Listing of Color Additives Subject to Certification; [Phthalocyaninato (2-)] Copper

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75689-75692
FR Document2016-26310

The Food and Drug Administration (FDA or we) is amending the color additive regulations to provide for the safe use of titanium dioxide and [phthalocyaninato (2-)] copper to color orientation marks for intraocular lenses. This action is in response to a petition filed by Milton W. Chu, M.D.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75689-75692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26310]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 73 and 74

[Docket No. FDA-2016-F-0821]


Listing of Color Additives Exempt From Certification; Titanium 
Dioxide and Listing of Color Additives Subject to Certification; 
[Phthalocyaninato (2-)] Copper

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or we) is amending the 
color additive regulations to provide for the safe use of titanium 
dioxide and [phthalocyaninato (2-)] copper to color orientation marks 
for intraocular lenses. This action is in response to a petition filed 
by Milton W. Chu, M.D.

DATES: This rule is effective December 2, 2016. See section IX for 
further information on the filing of objections. Submit either 
electronic or written objections and requests for a hearing by December 
1, 2016.

ADDRESSES: You may submit objections and requests for a hearing as 
follows:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Objections submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your objection will be 
made public, you are solely responsible for ensuring that your 
objection 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 objection, that information will be 
posted on http://www.regulations.gov.
     If you want to submit an objection with confidential 
information that you do not wish to be made available to the public, 
submit the objection 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): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper objections submitted to the Division of 
Dockets Management, FDA will post your objection, 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-2016-F-0821 for ``Listing of Color Additives Exempt From 
Certification; Titanium Dioxide and Listing of Color Additives Subject 
to Certification; [Phthalocyaninato (2-)] Copper.'' Received objections 
will be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an objection with 
confidential information that you do not wish to be made publicly 
available, submit your objections only as a written/paper

[[Page 75690]]

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 http://www.regulations.gov. Submit both copies to the Division of Dockets 
Management. 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Laura A. Dye, Center for Food Safety 
and Applied Nutrition (HFS-265), Food and Drug Administration, 5001 
Campus Dr., College Park, MD 20740-3835, 240-402-1275.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In a document published in the Federal Register of March 22, 2016 
(81 FR 15173), we announced that we had filed a color additive petition 
(CAP 6C0305), submitted by Milton W. Chu, M.D. (petitioner), 5800 Santa 
Rosa Rd., Suite 111, Camarillo, CA 93012. The petition proposed to 
amend the color additive regulations in Sec.  73.3126 (21 CFR 73.3126) 
and Sec.  74.3045 (21 CFR 74.3045) to provide for the safe use of 
titanium dioxide and [phthalocyaninato (2-)] copper to color 
orientation marks for intraocular lenses (IOLs). IOLs are devices made 
of materials such as glass or plastic and are intended to be implanted 
to replace the natural lens of an eye (21 CFR 886.3600). The 
orientation marks are intended to aid the surgeon in visualization and 
placement of IOLs during lens implantation surgery. Because IOLs are 
permanently implanted, titanium dioxide and [phthalocyaninato (2-)] 
copper, in the colored orientation marks, will come into direct contact 
with a patient's eye for a significant amount of time. These color 
additives are, therefore, subject to section 721 of the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 379e).

II. Background

    Titanium dioxide is already approved as a color additive for foods 
(Sec.  73.575), drugs (Sec.  73.1575), cosmetics (Sec.  73.2575), and 
medical devices (Sec.  73.3126). Regarding its use in medical devices, 
titanium dioxide (CAS Reg. No. 13463-67-7, Color Index No. 77891) is 
currently approved under Sec.  73.3126(b)(1) for use as a color 
additive in contact lenses in amounts not to exceed the minimum 
reasonably required to accomplish the intended coloring effect and must 
meet the identity and specification requirements in Sec.  73.575(a)(1) 
and (b). Titanium dioxide is exempt from certification under section 
721(c) of the FD&C Act because we previously determined that 
certification was not necessary for the protection of public health (51 
FR 24815, July 9, 1986).
    [Phthalocyaninato (2-)] copper (CAS Reg. No. 147-14-8, Color Index 
No. 74160) is currently approved as a color additive under Sec.  
74.3045(c)(1) for use in coloring certain non-absorbable sutures for 
general and ophthalmic surgery, and for use in coloring specific 
monofilaments used as supporting side struts (haptics) that hold the 
IOLs in place in the eye, at a level up to 0.5 percent by weight of the 
suture or haptic material. In addition, it is currently approved as a 
color additive under Sec.  74.3045(c)(2) for use in coloring contact 
lenses in amounts not to exceed the minimum amount reasonably required 
to accomplish the intended coloring effect. We previously determined 
that batch certification was necessary to ensure the safety of 
[phthalocyaninato (2-)] copper (34 FR 6777, April 23, 1969).

III. Safety Evaluation

A. Determination of Safety

    Under section 721(b)(4) of the FD&C Act, a color additive may not 
be listed for a particular use unless the data and information 
available to FDA establish that the color additive is safe for that 
use. Our color additive regulations at 21 CFR 70.3(i) define ``safe'' 
to mean that there is convincing evidence that establishes with 
reasonable certainty that no harm will result from the intended use of 
the color additive. To establish with reasonable certainty that these 
color additives intended to color IOL orientation marks are not harmful 
under their intended conditions of use, we considered exposure to the 
additives and their impurities, each additive's toxicological data, and 
other relevant information (such as published literature) available to 
us.

B. Safety of Petitioned Use of the Color Additives

    Regarding the petitioned use, titanium dioxide and 
[phthalocyaninato (2-)] copper are intended to color orientation marks 
for IOL materials (polymers) to create white and translucent or opaque 
blue marks that are typically 100-250 microns ([mu]m) in diameter and 
80-150 [mu]m in depth. Titanium dioxide will be used in amounts not to 
exceed the minimum reasonably required to accomplish the intended 
coloring effect of the orientation marks. [Phthalocyaninato (2-)] 
copper will be used at levels not to exceed 0.5 percent by weight of 
the orientation marks.
    To assess safety, we compared an individual's estimated exposure to 
these two color additives for the petitioned use to color IOL 
orientation marks to the approved uses of these color additives, 
including in IOL haptics and opaque contact lenses, because these uses 
are similar. As part of our previous approval for titanium dioxide used 
to color contact lenses, we estimated exposure to titanium dioxide from 
this use to be 270 nanograms per person per day (ng/p/d) over the lens 
lifetime (51 FR 24815), which does not significantly contribute to the 
cumulative exposure when compared to the exposure to titanium dioxide 
from the approved uses of mica-based pearlescent pigments (of which 
titanium dioxide is a component) in food and pharmaceuticals (Ref. 1). 
Similarly, we previously estimated exposure to [phthalocyaninato (2-)] 
copper from the use of surgical sutures, contact lenses, and specific 
monofilaments used as supporting haptics for IOLs to be 310 ng/p/d, 280 
ng/p/d, and 0.3 ng/p/d, respectively (64 FR 23185, April 30, 1999; 51 
FR 39370, October 28, 1986; and 52 FR 15944, May 1, 1987). With respect 
to the petitioned use, we estimated that the worst-case lifetime 
exposure to titanium dioxide and [phthalocyaninato (2-)] copper used to 
color orientation marks would be no greater than 0.06 ng/p/d and 0.004 
ng/

[[Page 75691]]

p/d, respectively, over a 70-year lifetime (Ref. 2). This exposure 
estimate is conservative as it assumes 100 percent migration of the 
color additives from the IOLs into the ocular fluid of the eye over a 
lifespan of 70 years following lens implantation. However, we expect 
that the color additives in the orientation marks will most likely be 
either chemically bound or otherwise integrated into the lens material, 
which would limit migration of the color additives into the ocular 
fluid of the eye. This means that the actual exposures to titanium 
dioxide and [phthalocyaninato (2-)] copper to color IOL orientation 
marks are expected to be far less than the worst-case exposure 
estimates for these color additives and insignificant in comparison to 
the cumulative exposures from the other approved uses of these color 
additives that we have already established to be safe (Ref. 2).
    In assessing biocompatibility and toxicity of IOLs, we consider the 
International Standard for intraocular lens testing for 
biocompatibility (ISO 11979-5) as an appropriate standard. In general, 
ISO 11979-5 recommends investigations on the following biological 
endpoints: Cytotoxicity, genotoxicity, local effects after 
implantation, and sensitization potential, in the context of 
physicochemical properties.
    The petitioner conducted a cytotoxicity study in which cultured 
cells were exposed to a mixture of titanium dioxide and 
[phthalocyaninato (2-)] copper in direct contact for at least 24 hours. 
Both color additives were found to be noncytotoxic in this study. 
Cytotoxicity studies of [phthalocyaninato (2-)] copper in previous 
petitions also indicated no cytotoxicity (Ref. 3). Additionally, the 
toxicology data for [phthalocyaninato (2-)] copper from previous 
petitions, as well as relevant data found in the Organization for 
Economic Cooperation and Development's Screening Information Dataset 
(OECD's SIDS) database, all indicated negative results for 
genotoxicity, carcinogenicity, implantation safety, and sensitization 
potential (Ref. 3). Similarly, data on titanium dioxide in OECD's SIDS 
database reported negative results for genotoxicity and sensitization 
potential. We conclude that the available toxicology data are 
sufficient to support the safety of the proposed expanded uses of 
titanium dioxide and [phthalocyaninato (2-)] copper.

IV. Conclusion

    Based on the data and information in the petition and other 
relevant material, we conclude that the petitioned use of titanium 
dioxide and [phthalocyaninato (2-)] copper to color orientation marks 
for IOLs is safe. We further conclude that these additives will achieve 
their intended technical effect and are suitable for the petitioned 
use. Consequently, we are amending the color additive regulations in 
parts 73 and 74 as set forth in this document. In addition, based upon 
the factors listed in 21 CFR 71.20(b), we conclude that certification 
of titanium dioxide remains unnecessary for the protection of the 
public health. We also conclude that batch certification of 
[phthalocyaninato (2-)] copper continues to be necessary to protect the 
public health.

V. Public Disclosure and Confidentiality of Data and Information in a 
Color Additive Rule

    In accordance with Sec.  71.15 (21 CFR 71.15), the petition and the 
documents that we considered and relied upon in reaching our decision 
to approve the petition will be made available for public disclosure 
(see FOR FURTHER INFORMATION CONTACT). As provided in Sec.  71.15, we 
will delete from the documents any materials that are not available for 
public disclosure.

VI. Analysis of Environmental Impact

    We previously considered the environmental effects of this rule, as 
stated in the March 22, 2016, notice of petition for CAP 6C0305 (81 FR 
15173). We stated that we had determined, under 21 CFR 25.32(l), that 
this action ``is of a type that does not individually or cumulatively 
have a significant effect on the human environment'' such that neither 
an environmental assessment nor an environmental impact statement is 
required. We have not received any new information or comments that 
would affect our previous determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore, 
clearance by the Office of Management and Budget under the Paperwork 
Reduction Act of 1995 is not required.

VIII. Objections

    This rule is effective as shown in the DATES section except as to 
any provisions that may be stayed by the filing of proper objections. 
If you will be adversely affected by one or more provisions of this 
regulation, you may file with the Division of Dockets Management (see 
ADDRESSES) either electronic or written objections. You must separately 
number each objection, and within each numbered objection you must 
specify with particularity the provision(s) of the regulation to which 
you object and the grounds for your objection. Within each numbered 
objection, you must specifically state whether you are requesting a 
hearing on the particular provision that you specify in that numbered 
objection. If you do not request a hearing for any particular 
objection, you waive the right to a hearing on that objection. If you 
request a hearing, your objection must include a detailed description 
and analysis of the specific factual information you intend to present 
in support of the objection in the event that a hearing is held. If you 
do not include such a description and analysis for any particular 
objection, you waive the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen 
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday, and will be posted to the docket at http://www.regulations.gov. We will publish notice of the objections that we 
have received or lack thereof in the Federal Register.

IX. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at http://www.regulations.gov.


1. Memorandum from H. Lee, Division of Petition Review, Chemistry 
Review Team, to P. DeLeo, Division of Petition Review, Regulatory 
Group I, FDA, March 1, 2005.
2. Memorandum from H. Lee, Division of Petition Review, Chemistry 
Review Team, to L. Dye, Division of Petition Review, Regulatory 
Group I, FDA, April 20, 2016.
3. Memorandum from Y. Zang, Division of Petition Review, Toxicology 
Review Team, to L. Dye, Division of Petition Review, Regulatory 
Group I, FDA, June 30, 2016.

List of Subjects

21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

21 CFR Part 74

    Color additives, Cosmetics, Drugs.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs and re-
delegated to the Director, Center for Food Safety and

[[Page 75692]]

Applied Nutrition, 21 CFR parts 73 and 74 are amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 
361, 362, 371, 379e.



0
2. In Sec.  73.3126, revise paragraph (b)(1) to read as follows:


Sec.  73.3126  Titanium dioxide.

* * * * *
    (b) * * * (1) The substance listed in paragraph (a) of this section 
may be used as a color additive in contact lenses and intraocular lens 
orientation marks in amounts not to exceed the minimum reasonably 
required to accomplish the intended coloring effect.
* * * * *

PART 74--LISTING OF COLOR ADDITIVES SUBJECT TO CERTIFICATION

0
3. The authority citation for part 74 continues to read as follows:

    Authority:  21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 
361, 362, 371, 379e.


0
4. In Sec.  74.3045, revise paragraphs (c)(1) introductory text and 
(c)(1)(i) to read as follows:


Sec.  74.3045   [Phthalocyaninato (2-)] copper.

* * * * *
    (c) * * * (1) The color additive [phthalocyaninato(2-)] copper may 
be safely used to color polypropylene sutures, polybutester (the 
generic designation for the suture fabricated from 1,4-
benzenedicarboxylic acid, polymer with 1,4-butanediol and alpha-hydro-
omega-hydroxypoly(oxy-1,4-butanediyl), CAS Reg. No. 37282-12-5) 
nonabsorbable sutures for use in general and ophthalmic surgery, 
polybutylene terephthalate nonabsorbable monofilament sutures for 
general and ophthalmic surgery, nonabsorbable sutures made from 
poly(vinylidene fluoride) and poly(vinylidene fluoride-co-
hexafluoropropylene) for general and ophthalmic surgery, 
polymethylmethacrylate monofilament used as supporting haptics for 
intraocular lenses, and polymers used in orientation marks for 
intraocular lenses, subject to the following restrictions:
    (i) The quantity of the color additive does not exceed 0.5 percent 
by weight of the suture, haptic material, or orientation mark.
* * * * *

    Dated: October 25, 2016.
Susan Bernard,
Director, Office of Regulations, Policy and Social Science, Center for 
Food Safety and Applied Nutrition.
[FR Doc. 2016-26310 Filed 10-31-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                   Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations                                        75689

                                                § 39.13   [Amended]                                          (2) Reserved.                                       Electronic Submissions
                                                ■ 2. The FAA amends § 39.13 by adding                      (f) Alternative Methods of Compliance                   Submit electronic objections in the
                                                the following new airworthiness                            (AMOCs)                                               following way:
                                                directive (AD):                                               The Manager, Engine Certification Office,            • Federal eRulemaking Portal: http://
                                                2016–22–10 Turbomeca S.A.: Amendment                       FAA, may approve AMOCs for this AD. Use               www.regulations.gov. Follow the
                                                    39–186990; Docket No. FAA–2016–6990;                   the procedures found in 14 CFR 39.19 to               instructions for submitting comments.
                                                    Directorate Identifier 2016–NE–14–AD.                  make your request. You may email your                 Objections submitted electronically,
                                                                                                           request to: ANE-AD-AMOC@faa.gov.
                                                (a) Effective Date
                                                                                                                                                                 including attachments, to http://
                                                                                                           (g) Related Information                               www.regulations.gov will be posted to
                                                  This AD becomes effective December 6,                                                                          the docket unchanged. Because your
                                                                                                              (1) For more information about this AD,
                                                2016.
                                                                                                           contact Philip Haberlen, Aerospace Engineer,          objection will be made public, you are
                                                (b) Affected ADs                                           Engine Certification Office, FAA, Engine &            solely responsible for ensuring that your
                                                                                                           Propeller Directorate, 1200 District Avenue,          objection does not include any
                                                  None.
                                                                                                           Burlington, MA 01803; phone: 781–238–
                                                                                                                                                                 confidential information that you or a
                                                (c) Applicability                                          7770; fax: 781–238–7199; email:
                                                                                                           philip.haberlen@faa.gov.                              third party may not wish to be posted,
                                                   This AD applies to certain Arriel 1, 1A,                                                                      such as medical information, your or
                                                1A1, 1A2, 1B, 1B2, 1C, 1C1, 1C2, 1D, 1D1,                     (2) Refer to MCAI, European Aviation
                                                                                                           Safety Agency AD 2016–0090, dated May 10,             anyone else’s Social Security number, or
                                                1E, 1E2, 1K1, 1S, and 1S1 turboshaft engines,
                                                with modification TU376 installed.
                                                                                                           2016, for more information. You may                   confidential business information, such
                                                                                                           examine the MCAI in the AD docket on the              as a manufacturing process. Please note
                                                (d) Reason                                                 Internet at http://www.regulations.gov by             that if you include your name, contact
                                                   This AD was prompted by an anomaly that                 searching for and locating it in Docket No.           information, or other information that
                                                                                                           FAA–2016–6990.
                                                occurred during the grinding operation                                                                           identifies you in the body of your
                                                required by modification TU376, which                      (h) Material Incorporated by Reference                objection, that information will be
                                                increases the clearance between the rear                     None.                                               posted on http://www.regulations.gov.
                                                curvic coupling of the centrifugal impeller                                                                        • If you want to submit an objection
                                                and the fuel injection manifold. We are                      Issued in Burlington, Massachusetts, on
                                                issuing this AD to prevent failure of the                  October 24, 2016.                                     with confidential information that you
                                                centrifugal impeller, uncontained centrifugal              Colleen M. D’Alessandro,                              do not wish to be made available to the
                                                impeller release, damage to the engine, and                Manager, Engine & Propeller Directorate,
                                                                                                                                                                 public, submit the objection as a
                                                damage to the helicopter.                                  Aircraft Certification Service.                       written/paper submission and in the
                                                                                                           [FR Doc. 2016–26184 Filed 10–31–16; 8:45 am]
                                                                                                                                                                 manner detailed (see ‘‘Written/Paper
                                                (e) Actions and Compliance
                                                                                                                                                                 Submissions’’ and ‘‘Instructions’’).
                                                   Comply with this AD within the                          BILLING CODE 4910–13–P
                                                compliance times specified, unless already                                                                       Written/Paper Submissions
                                                done.                                                                                                               Submit written/paper submissions as
                                                   (1) Remove from service, any centrifugal                DEPARTMENT OF HEALTH AND
                                                impeller listed in Table 1 to paragraph (e) of
                                                                                                                                                                 follows:
                                                                                                           HUMAN SERVICES                                           • Mail/Hand delivery/Courier (for
                                                this AD, before exceeding the applicable
                                                cycles since new (CSN) and replace with a                  Food and Drug Administration                          written/paper submissions): Division of
                                                centrifugal impeller not listed in Table 1 to                                                                    Dockets Management (HFA–305), Food
                                                paragraph (e) of this AD.                                  21 CFR Parts 73 and 74                                and Drug Administration, 5630 Fishers
                                                                                                                                                                 Lane, Rm. 1061, Rockville, MD 20852.
                                                     TABLE 1 TO PARAGRAPH (e)—                             [Docket No. FDA–2016–F–0821]                             • For written/paper objections
                                                     CENTRIFUGAL IMPELLER CSNS                                                                                   submitted to the Division of Dockets
                                                                                                        Listing of Color Additives Exempt                        Management, FDA will post your
                                                      Part No.                Serial No.        CSN
                                                                                                        From Certification; Titanium Dioxide                     objection, as well as any attachments,
                                                                                                        and Listing of Color Additives Subject                   except for information submitted,
                                                0292254040       ..........          44           5,129 to Certification; [Phthalocyaninato (2-)]                marked and identified, as confidential,
                                                0292254040       ..........      1762FT          11,476 Copper                                                   if submitted as detailed in
                                                0292254050       ..........    1676CAR            6,281
                                                                                                           AGENCY:    Food and Drug Administration,              ‘‘Instructions.’’
                                                0292254050       ..........    5333OTT            5,495
                                                0292254050       ..........    5017OTT            5,491    HHS.                                                     Instructions: All submissions received
                                                0292254050       ..........    1136CAR            8,734    ACTION:   Final rule.                                 must include the Docket No. FDA–
                                                0292254050       ..........    3655OTT            4,600                                                          2016–F–0821 for ‘‘Listing of Color
                                                0292254050       ..........    1757CAR            7,913    SUMMARY:  The Food and Drug                           Additives Exempt From Certification;
                                                0292254050       ..........    1738CAR           10,640    Administration (FDA or we) is                         Titanium Dioxide and Listing of Color
                                                0292254050       ..........    1149CAR           12,273    amending the color additive regulations               Additives Subject to Certification;
                                                0292254050       ..........    2677OTT           11,145    to provide for the safe use of titanium               [Phthalocyaninato (2-)] Copper.’’
                                                0292254050       ..........    3109OTT           10,662    dioxide and [phthalocyaninato (2-)]                   Received objections will be placed in
                                                0292254050       ..........    3496OTT            5,562    copper to color orientation marks for                 the docket and, except for those
                                                0292254050       ..........    2074CAR            7,423    intraocular lenses. This action is in
                                                729225293A        .........     290CAR            6,326                                                          submitted as ‘‘Confidential
                                                                                                           response to a petition filed by Milton W.             Submissions,’’ publicly viewable at
                                                729225293A        .........      1227FT           8,139
                                                729225293A        .........       504FB           4,600
                                                                                                           Chu, M.D.                                             http://www.regulations.gov or at the
                                                729225293A        .........    2517OTT            9,732    DATES: This rule is effective December 2,             Division of Dockets Management
jstallworth on DSK7TPTVN1PROD with RULES




                                                729225293A        .........    2165OTT            6,163    2016. See section IX for further                      between 9 a.m. and 4 p.m., Monday
                                                729225293A        .........      2194FT          11,461    information on the filing of objections.              through Friday.
                                                729225293A        .........    1331OTT           12,513    Submit either electronic or written                      • Confidential Submissions—To
                                                729225293A        .........      1301FT           7,262    objections and requests for a hearing by              submit an objection with confidential
                                                729225293A        .........      1567FT           6,305    December 1, 2016.                                     information that you do not wish to be
                                                729225293A        .........       783FB           8,307
                                                729225293A        .........       98OTT           9,492
                                                                                                           ADDRESSES: You may submit objections                  made publicly available, submit your
                                                                                                           and requests for a hearing as follows:                objections only as a written/paper


                                           VerDate Sep<11>2014      15:21 Oct 31, 2016   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\01NOR1.SGM   01NOR1


                                                75690            Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations

                                                submission. You should submit two                       implanted to replace the natural lens of              use. Our color additive regulations at 21
                                                copies total. One copy will include the                 an eye (21 CFR 886.3600). The                         CFR 70.3(i) define ‘‘safe’’ to mean that
                                                information you claim to be confidential                orientation marks are intended to aid                 there is convincing evidence that
                                                with a heading or cover note that states                the surgeon in visualization and                      establishes with reasonable certainty
                                                ‘‘THIS DOCUMENT CONTAINS                                placement of IOLs during lens                         that no harm will result from the
                                                CONFIDENTIAL INFORMATION.’’ The                         implantation surgery. Because IOLs are                intended use of the color additive. To
                                                Agency will review this copy, including                 permanently implanted, titanium                       establish with reasonable certainty that
                                                the claimed confidential information, in                dioxide and [phthalocyaninato (2-)]                   these color additives intended to color
                                                its consideration of comments. The                      copper, in the colored orientation                    IOL orientation marks are not harmful
                                                second copy, which will have the                        marks, will come into direct contact                  under their intended conditions of use,
                                                claimed confidential information                        with a patient’s eye for a significant                we considered exposure to the additives
                                                redacted/blacked out, will be available                 amount of time. These color additives                 and their impurities, each additive’s
                                                for public viewing and posted on http://                are, therefore, subject to section 721 of             toxicological data, and other relevant
                                                www.regulations.gov. Submit both                        the Federal Food, Drug, and Cosmetic                  information (such as published
                                                copies to the Division of Dockets                       Act (the FD&C Act) (21 U.S.C. 379e).                  literature) available to us.
                                                Management. If you do not wish your                                                                           B. Safety of Petitioned Use of the Color
                                                                                                        II. Background
                                                name and contact information to be                                                                            Additives
                                                made publicly available, you can                           Titanium dioxide is already approved
                                                provide this information on the cover                   as a color additive for foods (§ 73.575),                Regarding the petitioned use, titanium
                                                sheet and not in the body of your                       drugs (§ 73.1575), cosmetics (§ 73.2575),             dioxide and [phthalocyaninato (2-)]
                                                comments and you must identify this                     and medical devices (§ 73.3126).                      copper are intended to color orientation
                                                information as ‘‘confidential.’’ Any                    Regarding its use in medical devices,                 marks for IOL materials (polymers) to
                                                information marked as ‘‘confidential’’                  titanium dioxide (CAS Reg. No. 13463–                 create white and translucent or opaque
                                                will not be disclosed except in                         67–7, Color Index No. 77891) is                       blue marks that are typically 100–250
                                                accordance with 21 CFR 10.20 and other                  currently approved under                              microns (mm) in diameter and 80–150
                                                applicable disclosure law. For more                     § 73.3126(b)(1) for use as a color                    mm in depth. Titanium dioxide will be
                                                information about FDA’s posting of                      additive in contact lenses in amounts                 used in amounts not to exceed the
                                                comments to public dockets, see 80 FR                   not to exceed the minimum reasonably                  minimum reasonably required to
                                                                                                        required to accomplish the intended                   accomplish the intended coloring effect
                                                56469, September 18, 2015, or access
                                                                                                        coloring effect and must meet the                     of the orientation marks.
                                                the information at: http://www.fda.gov/
                                                                                                        identity and specification requirements               [Phthalocyaninato (2-)] copper will be
                                                regulatoryinformation/dockets/
                                                                                                        in § 73.575(a)(1) and (b). Titanium                   used at levels not to exceed 0.5 percent
                                                default.htm.
                                                                                                        dioxide is exempt from certification                  by weight of the orientation marks.
                                                   Docket: For access to the docket to
                                                                                                        under section 721(c) of the FD&C Act                     To assess safety, we compared an
                                                read background documents or the                                                                              individual’s estimated exposure to these
                                                electronic and written/paper comments                   because we previously determined that
                                                                                                                                                              two color additives for the petitioned
                                                received, go to http://                                 certification was not necessary for the
                                                                                                                                                              use to color IOL orientation marks to the
                                                www.regulations.gov and insert the                      protection of public health (51 FR
                                                                                                                                                              approved uses of these color additives,
                                                docket number, found in brackets in the                 24815, July 9, 1986).
                                                                                                                                                              including in IOL haptics and opaque
                                                heading of this document, into the                         [Phthalocyaninato (2-)] copper (CAS
                                                                                                                                                              contact lenses, because these uses are
                                                ‘‘Search’’ box and follow the prompts                   Reg. No. 147–14–8, Color Index No.
                                                                                                                                                              similar. As part of our previous
                                                and/or go to the Division of Dockets                    74160) is currently approved as a color
                                                                                                                                                              approval for titanium dioxide used to
                                                Management, 5630 Fishers Lane, Rm.                      additive under § 74.3045(c)(1) for use in
                                                                                                                                                              color contact lenses, we estimated
                                                1061, Rockville, MD 20852.                              coloring certain non-absorbable sutures
                                                                                                                                                              exposure to titanium dioxide from this
                                                FOR FURTHER INFORMATION CONTACT:                        for general and ophthalmic surgery, and
                                                                                                                                                              use to be 270 nanograms per person per
                                                Laura A. Dye, Center for Food Safety                    for use in coloring specific
                                                                                                                                                              day (ng/p/d) over the lens lifetime (51
                                                and Applied Nutrition (HFS–265), Food                   monofilaments used as supporting side
                                                                                                                                                              FR 24815), which does not significantly
                                                and Drug Administration, 5001 Campus                    struts (haptics) that hold the IOLs in
                                                                                                                                                              contribute to the cumulative exposure
                                                Dr., College Park, MD 20740–3835, 240–                  place in the eye, at a level up to 0.5                when compared to the exposure to
                                                402–1275.                                               percent by weight of the suture or haptic             titanium dioxide from the approved
                                                                                                        material. In addition, it is currently                uses of mica-based pearlescent pigments
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        approved as a color additive under                    (of which titanium dioxide is a
                                                I. Introduction                                         § 74.3045(c)(2) for use in coloring                   component) in food and
                                                   In a document published in the                       contact lenses in amounts not to exceed               pharmaceuticals (Ref. 1). Similarly, we
                                                Federal Register of March 22, 2016 (81                  the minimum amount reasonably                         previously estimated exposure to
                                                FR 15173), we announced that we had                     required to accomplish the intended                   [phthalocyaninato (2-)] copper from the
                                                filed a color additive petition (CAP                    coloring effect. We previously                        use of surgical sutures, contact lenses,
                                                6C0305), submitted by Milton W. Chu,                    determined that batch certification was               and specific monofilaments used as
                                                M.D. (petitioner), 5800 Santa Rosa Rd.,                 necessary to ensure the safety of                     supporting haptics for IOLs to be 310
                                                Suite 111, Camarillo, CA 93012. The                     [phthalocyaninato (2-)] copper (34 FR                 ng/p/d, 280 ng/p/d, and 0.3 ng/p/d,
                                                petition proposed to amend the color                    6777, April 23, 1969).                                respectively (64 FR 23185, April 30,
                                                additive regulations in § 73.3126 (21                   III. Safety Evaluation                                1999; 51 FR 39370, October 28, 1986;
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                                                CFR 73.3126) and § 74.3045 (21 CFR                                                                            and 52 FR 15944, May 1, 1987). With
                                                74.3045) to provide for the safe use of                 A. Determination of Safety                            respect to the petitioned use, we
                                                titanium dioxide and [phthalocyaninato                    Under section 721(b)(4) of the FD&C                 estimated that the worst-case lifetime
                                                (2-)] copper to color orientation marks                 Act, a color additive may not be listed               exposure to titanium dioxide and
                                                for intraocular lenses (IOLs). IOLs are                 for a particular use unless the data and              [phthalocyaninato (2-)] copper used to
                                                devices made of materials such as glass                 information available to FDA establish                color orientation marks would be no
                                                or plastic and are intended to be                       that the color additive is safe for that              greater than 0.06 ng/p/d and 0.004 ng/


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                                                                 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations                                         75691

                                                p/d, respectively, over a 70-year lifetime              we conclude that the petitioned use of                you must specify with particularity the
                                                (Ref. 2). This exposure estimate is                     titanium dioxide and [phthalocyaninato                provision(s) of the regulation to which
                                                conservative as it assumes 100 percent                  (2-)] copper to color orientation marks               you object and the grounds for your
                                                migration of the color additives from the               for IOLs is safe. We further conclude                 objection. Within each numbered
                                                IOLs into the ocular fluid of the eye over              that these additives will achieve their               objection, you must specifically state
                                                a lifespan of 70 years following lens                   intended technical effect and are                     whether you are requesting a hearing on
                                                implantation. However, we expect that                   suitable for the petitioned use.                      the particular provision that you specify
                                                the color additives in the orientation                  Consequently, we are amending the                     in that numbered objection. If you do
                                                marks will most likely be either                        color additive regulations in parts 73                not request a hearing for any particular
                                                chemically bound or otherwise                           and 74 as set forth in this document. In              objection, you waive the right to a
                                                integrated into the lens material, which                addition, based upon the factors listed               hearing on that objection. If you request
                                                would limit migration of the color                      in 21 CFR 71.20(b), we conclude that                  a hearing, your objection must include
                                                additives into the ocular fluid of the                  certification of titanium dioxide remains             a detailed description and analysis of
                                                eye. This means that the actual                         unnecessary for the protection of the                 the specific factual information you
                                                exposures to titanium dioxide and                       public health. We also conclude that                  intend to present in support of the
                                                [phthalocyaninato (2-)] copper to color                 batch certification of [phthalocyaninato              objection in the event that a hearing is
                                                IOL orientation marks are expected to be                (2-)] copper continues to be necessary to             held. If you do not include such a
                                                far less than the worst-case exposure                   protect the public health.                            description and analysis for any
                                                estimates for these color additives and                                                                       particular objection, you waive the right
                                                insignificant in comparison to the                      V. Public Disclosure and
                                                                                                                                                              to a hearing on the objection.
                                                cumulative exposures from the other                     Confidentiality of Data and Information
                                                                                                        in a Color Additive Rule                                Any objections received in response
                                                approved uses of these color additives                                                                        to the regulation may be seen in the
                                                that we have already established to be                    In accordance with § 71.15 (21 CFR                  Division of Dockets Management
                                                safe (Ref. 2).                                          71.15), the petition and the documents                between 9 a.m. and 4 p.m., Monday
                                                   In assessing biocompatibility and                    that we considered and relied upon in                 through Friday, and will be posted to
                                                toxicity of IOLs, we consider the                       reaching our decision to approve the                  the docket at http://
                                                International Standard for intraocular                  petition will be made available for                   www.regulations.gov. We will publish
                                                lens testing for biocompatibility (ISO                  public disclosure (see FOR FURTHER                    notice of the objections that we have
                                                11979–5) as an appropriate standard. In                 INFORMATION CONTACT). As provided in                  received or lack thereof in the Federal
                                                general, ISO 11979–5 recommends                         § 71.15, we will delete from the                      Register.
                                                investigations on the following                         documents any materials that are not
                                                biological endpoints: Cytotoxicity,                     available for public disclosure.                      IX. References
                                                genotoxicity, local effects after                                                                               The following references are on
                                                implantation, and sensitization                         VI. Analysis of Environmental Impact
                                                                                                                                                              display in the Division of Dockets
                                                potential, in the context of                               We previously considered the                       Management (see ADDRESSES) and are
                                                physicochemical properties.                             environmental effects of this rule, as                available for viewing by interested
                                                   The petitioner conducted a                           stated in the March 22, 2016, notice of               persons between 9 a.m. and 4 p.m.,
                                                cytotoxicity study in which cultured                    petition for CAP 6C0305 (81 FR 15173).                Monday through Friday; they are also
                                                cells were exposed to a mixture of                      We stated that we had determined,                     available electronically at http://
                                                titanium dioxide and [phthalocyaninato                  under 21 CFR 25.32(l), that this action
                                                (2-)] copper in direct contact for at least                                                                   www.regulations.gov.
                                                                                                        ‘‘is of a type that does not individually
                                                24 hours. Both color additives were                     or cumulatively have a significant effect             1. Memorandum from H. Lee, Division of
                                                found to be noncytotoxic in this study.                 on the human environment’’ such that                      Petition Review, Chemistry Review
                                                Cytotoxicity studies of                                 neither an environmental assessment                       Team, to P. DeLeo, Division of Petition
                                                [phthalocyaninato (2-)] copper in                       nor an environmental impact statement                     Review, Regulatory Group I, FDA, March
                                                previous petitions also indicated no                                                                              1, 2005.
                                                                                                        is required. We have not received any                 2. Memorandum from H. Lee, Division of
                                                cytotoxicity (Ref. 3). Additionally, the                new information or comments that                          Petition Review, Chemistry Review
                                                toxicology data for [phthalocyaninato                   would affect our previous                                 Team, to L. Dye, Division of Petition
                                                (2-)] copper from previous petitions, as                determination.                                            Review, Regulatory Group I, FDA, April
                                                well as relevant data found in the                                                                                20, 2016.
                                                Organization for Economic Cooperation                   VII. Paperwork Reduction Act of 1995                  3. Memorandum from Y. Zang, Division of
                                                and Development’s Screening                               This final rule contains no collection                  Petition Review, Toxicology Review
                                                Information Dataset (OECD’s SIDS)                       of information. Therefore, clearance by                   Team, to L. Dye, Division of Petition
                                                database, all indicated negative results                the Office of Management and Budget                       Review, Regulatory Group I, FDA, June
                                                for genotoxicity, carcinogenicity,                      under the Paperwork Reduction Act of                      30, 2016.
                                                implantation safety, and sensitization                  1995 is not required.
                                                potential (Ref. 3). Similarly, data on                                                                        List of Subjects
                                                                                                        VIII. Objections
                                                titanium dioxide in OECD’s SIDS                                                                               21 CFR Part 73
                                                database reported negative results for                     This rule is effective as shown in the
                                                genotoxicity and sensitization potential.               DATES section except as to any                         Color additives, Cosmetics, Drugs,
                                                We conclude that the available                          provisions that may be stayed by the                  Medical devices.
                                                toxicology data are sufficient to support               filing of proper objections. If you will be           21 CFR Part 74
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                                                the safety of the proposed expanded                     adversely affected by one or more
                                                                                                        provisions of this regulation, you may                  Color additives, Cosmetics, Drugs.
                                                uses of titanium dioxide and
                                                [phthalocyaninato (2-)] copper.                         file with the Division of Dockets                       Therefore, under the Federal Food,
                                                                                                        Management (see ADDRESSES) either                     Drug, and Cosmetic Act and under
                                                IV. Conclusion                                          electronic or written objections. You                 authority delegated to the Commissioner
                                                  Based on the data and information in                  must separately number each objection,                of Food and Drugs and re-delegated to
                                                the petition and other relevant material,               and within each numbered objection                    the Director, Center for Food Safety and


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                                                75692            Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations

                                                Applied Nutrition, 21 CFR parts 73 and                    Dated: October 25, 2016.                            as a manufacturing process. Please note
                                                74 are amended as follows:                              Susan Bernard,                                        that if you include your name, contact
                                                                                                        Director, Office of Regulations, Policy and           information, or other information that
                                                PART 73—LISTING OF COLOR                                Social Science, Center for Food Safety and            identifies you in the body of your
                                                ADDITIVES EXEMPT FROM                                   Applied Nutrition.                                    comments, that information will be
                                                CERTIFICATION                                           [FR Doc. 2016–26310 Filed 10–31–16; 8:45 am]          posted on http://www.regulations.gov.
                                                                                                        BILLING CODE 4164–01–P                                  • If you want to submit a comment
                                                ■ 1. The authority citation for part 73                                                                       with confidential information that you
                                                continues to read as follows:                                                                                 do not wish to be made available to the
                                                  Authority: 21 U.S.C. 321, 341, 342, 343,              DEPARTMENT OF HEALTH AND                              public, submit the comment as a
                                                348, 351, 352, 355, 361, 362, 371, 379e.                HUMAN SERVICES                                        written/paper submission and in the
                                                                                                                                                              manner detailed (see ‘‘Written/Paper
                                                ■ 2. In § 73.3126, revise paragraph (b)(1)              Food and Drug Administration                          Submissions’’ and ‘‘Instructions’’).
                                                to read as follows:
                                                                                                        21 CFR Part 117                                       Written/Paper Submissions
                                                § 73.3126   Titanium dioxide.
                                                                                                                                                                 Submit written/paper submissions as
                                                *     *    *     *     *                                [Docket No. FDA–2011–N–0920]
                                                                                                                                                              follows:
                                                  (b) * * * (1) The substance listed in
                                                                                                        What You Need To Know About the                          • Mail/Hand delivery/Courier (for
                                                paragraph (a) of this section may be                                                                          written/paper submissions): Division of
                                                                                                        Food and Drug Administration
                                                used as a color additive in contact                                                                           Dockets Management (HFA–305), Food
                                                                                                        Regulation: Current Good
                                                lenses and intraocular lens orientation                                                                       and Drug Administration, 5630 Fishers
                                                                                                        Manufacturing Practice, Hazard
                                                marks in amounts not to exceed the                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                        Analysis, and Risk-Based Preventive
                                                minimum reasonably required to                                                                                   • For written/paper comments
                                                                                                        Controls for Human Food; Small Entity
                                                accomplish the intended coloring effect.                                                                      submitted to the Division of Dockets
                                                                                                        Compliance Guide; Availability                        Management, FDA will post your
                                                *     *    *     *     *
                                                                                                        AGENCY:    Food and Drug Administration,              comment, as well as any attachments,
                                                PART 74—LISTING OF COLOR                                HHS.                                                  except for information submitted,
                                                ADDITIVES SUBJECT TO                                    ACTION:   Notification of availability.               marked and identified, as confidential,
                                                CERTIFICATION                                                                                                 if submitted as detailed in
                                                                                                        SUMMARY:   The Food and Drug                          ‘‘Instructions.’’
                                                ■ 3. The authority citation for part 74                 Administration (FDA, the Agency, or                      Instructions: All submissions received
                                                continues to read as follows:                           we) is announcing the availability of a               must include the Docket No. FDA–
                                                  Authority: 21 U.S.C. 321, 341, 342, 343,
                                                                                                        guidance for industry entitled ‘‘What                 2011–N–0920 for ‘‘What You Need To
                                                348, 351, 352, 355, 361, 362, 371, 379e.                You Need To Know About the FDA                        Know About the FDA Regulation:
                                                                                                        Regulation: Current Good                              Current Good Manufacturing Practice,
                                                ■ 4. In § 74.3045, revise paragraphs                    Manufacturing Practice, Hazard                        Hazard Analysis, and Risk-Based
                                                (c)(1) introductory text and (c)(1)(i) to               Analysis, and Risk-Based Preventive                   Preventive Controls for Human Food (21
                                                read as follows:                                        Controls for Human Food’’—Small                       CFR part 117).’’ Received comments
                                                § 74.3045   [Phthalocyaninato (2-)] copper.
                                                                                                        Entity Compliance Guide. The small                    will be placed in the docket and, except
                                                                                                        entity compliance guide (SECG) is                     for those submitted as ‘‘Confidential
                                                *      *    *     *     *                               intended to help small entities comply                Submissions,’’ publicly viewable at
                                                   (c) * * * (1) The color additive                     with the final rule titled ‘‘Current Good             http://www.regulations.gov or at the
                                                [phthalocyaninato(2-)] copper may be                    Manufacturing Practice, Hazard                        Division of Dockets Management
                                                safely used to color polypropylene                      Analysis, and Risk-Based Preventive                   between 9 a.m. and 4 p.m., Monday
                                                sutures, polybutester (the generic                      Controls for Human Food.’’                            through Friday.
                                                designation for the suture fabricated                   DATES: Submit either electronic or                       • Confidential Submissions—To
                                                from 1,4-benzenedicarboxylic acid,                      written comments on FDA guidances at                  submit a comment with confidential
                                                polymer with 1,4-butanediol and alpha-                  any time.                                             information that you do not wish to be
                                                hydro-omega-hydroxypoly(oxy-1,4-                                                                              made publicly available, submit your
                                                                                                        ADDRESSES: You may submit comments
                                                butanediyl), CAS Reg. No. 37282–12–5)                                                                         comments only as a written/paper
                                                                                                        as follows:
                                                nonabsorbable sutures for use in general                                                                      submission. You should submit two
                                                and ophthalmic surgery, polybutylene                    Electronic Submissions                                copies total. One copy will include the
                                                terephthalate nonabsorbable                               Submit electronic comments in the                   information you claim to be confidential
                                                monofilament sutures for general and                    following way:                                        with a heading or cover note that states
                                                ophthalmic surgery, nonabsorbable                         • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                sutures made from poly(vinylidene                       www.regulations.gov. Follow the                       CONFIDENTIAL INFORMATION.’’ The
                                                fluoride) and poly(vinylidene fluoride-                 instructions for submitting comments.                 Agency will review this copy, including
                                                co-hexafluoropropylene) for general and                 Comments submitted electronically,                    the claimed confidential information, in
                                                ophthalmic surgery,                                     including attachments, to http://                     its consideration of comments. The
                                                polymethylmethacrylate monofilament                     www.regulations.gov will be posted to                 second copy, which will have the
                                                used as supporting haptics for                          the docket unchanged. Because your                    claimed confidential information
                                                intraocular lenses, and polymers used in                comment will be made public, you are                  redacted/blacked out, will be available
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                                                orientation marks for intraocular lenses,               solely responsible for ensuring that your             for public viewing and posted on http://
                                                subject to the following restrictions:                  comment does not include any                          www.regulations.gov. Submit both
                                                   (i) The quantity of the color additive               confidential information that you or a                copies to the Division of Dockets
                                                does not exceed 0.5 percent by weight                   third party may not wish to be posted,                Management. If you do not wish your
                                                of the suture, haptic material, or                      such as medical information, your or                  name and contact information to be
                                                orientation mark.                                       anyone else’s Social Security number, or              made publicly available, you can
                                                *      *    *     *     *                               confidential business information, such               provide this information on the cover


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Document Created: 2016-11-01 02:36:28
Document Modified: 2016-11-01 02:36:28
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.
DatesThis rule is effective December 2, 2016. See section IX for further information on the filing of objections. Submit either electronic or written objections and requests for a hearing by December 1, 2016.
ContactLaura A. Dye, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740-3835, 240-402-1275.
FR Citation81 FR 75689 
CFR Citation21 CFR 73
21 CFR 74
CFR AssociatedColor Additives; Cosmetics; Drugs and Medical Devices

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