82 FR 20825 - Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration Federal Register Volume 82, Issue 85 (May 4, 2017)
Food and Drug Administration
Federal Register Volume 82, Issue 85 (May 4, 2017)
| Page Range | 20825-20829 | |
| FR Document | 2017-09029 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Rules and Regulations] [Pages 20825-20829] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09029] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 11 and 101 [Docket No. FDA-2011-F-0172] RIN 0910-ZA48 Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments AGENCY: Food and Drug Administration, HHS. ACTION: Interim final rule; extension of compliance date; request for comments. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA or we) is extending the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. In the Federal Register of December 30, 2016, we stated that the compliance date for the final rule would be May 5, 2017. We are extending the compliance date to May 7, 2018. We are taking this action to enable us to consider how we might further reduce the regulatory burden or increase [[Page 20826]] flexibility while continuing to achieve our regulatory objectives, in keeping with the Administration's policies. DATES: Compliance date: As of May 4, 2017, the compliance date for covered establishments set out in the final rule published December 1, 2014 (79 FR 71156), and extended in final rules published on July 10, 2015 (80 FR 39675) and December 30, 2016 (81 FR 96364), is further extended. Covered establishments must comply with the rule published December 1, 2014 (79 FR 71156), by May 7, 2018. Comment date: Submit either electronic or written comments regarding this compliance date extension, implementation of the December 2014 final rule, and the various topics flagged in the SUPPLEMENTARY INFORMATION section of this document, by July 3, 2017. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of July 3, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date. Electronic Submissions Submit electronic comments in the following way:Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ``Written/Paper Submissions'' and ``Instructions''). Written/Paper Submissions Submit written/paper submissions as follows: Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ``Instructions.'' Instructions: All submissions received must include the Docket No. FDA-2011-F-0172 for ``Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments.'' Received comments, those filed in a timely manner (see DATES), will be placed in the docket and, except for those submitted as ``Confidential Submissions,'' publicly viewable at https://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 a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the 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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ``Search'' box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Felicia B. Billingslea, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of December 1, 2014 (79 FR 71156), we published a final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. The final rule, which is now codified at Sec. 101.11 (21 CFR 101.11), implements provisions of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) and: Defines terms, including terms that describe criteria for determining whether an establishment is subject to the rule; establishes which foods are subject to the nutrition labeling requirements and which foods are not subject to these requirements; requires that calories for standard menu items be declared on menus and menu boards that list such foods for sale; requires that calories for standard menu items that are self-service or on display be declared on signs adjacent to such foods; requires that written nutrition information for standard menu items be available to consumers who ask to see it; requires, on menus and menu boards, a succinct statement concerning suggested daily caloric intake (succinct statement), designed to help the public understand the significance of the calorie declarations; requires, on menus and menu boards, a statement regarding the availability of the written nutrition information (statement of availability); establishes requirements for determination of nutrient content of standard menu items; establishes requirements for substantiation of nutrient content [[Page 20827]] determined for standard menu items, including requirements for records that a covered establishment must make available to FDA within a reasonable period of time upon request; and establishes terms and conditions under which restaurants and similar retail food establishments not otherwise subject to the rule could elect to be subject to the requirements by registering with FDA. In the preamble to the final rule (79 FR 71156 at 71239 through 71241), we stated that the rule would be effective on December 1, 2015, and also provided a compliance date of December 1, 2015, for covered establishments. The final rule (at Sec. 101.11(a)) defines ``covered establishment'' as a restaurant or similar retail food establishment that is a part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership, e.g., individual franchises) and offering for sale substantially the same menu items, as well as a restaurant or similar retail food establishment that is voluntarily registered to be covered under Sec. 101.11(d). II. Extension of the Compliance Date and Request for Comments In the Federal Register of July 10, 2015 (80 FR 39675), in response to requests from affected entities, we announced our decision to extend the compliance date for the final rule to December 1, 2016. On December 18, 2015, the President signed the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Section 747 of that law states that none of the funds made available under the Consolidated Appropriations Act may be used to implement, administer, or enforce the final rule entitled ``Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments'' until the later of December 1, 2016 or 1 year after the date we publish a Level 1 guidance with respect to nutrition labeling of standard menu items in restaurants and similar retail food establishments. In the Federal Register of May 5, 2016 (81 FR 27067), we announced the availability of the Level 1 guidance document and stated that enforcement of the final rule published December 1, 2014, would commence on May 5, 2017 (81 FR 27067 at 27068). In the Federal Register of December 30, 2016 (81 FR 96364), we confirmed that the compliance date would be May 5, 2017. This interim final rule extends the compliance date to May 7, 2018. We are taking this action consistent with Executive Orders 13777, 13771, and 13563, as well as in response to the diverse and complex set of stakeholders affected by the rule and continued, numerous, and fundamental questions they raise regarding the final rule and its implementation. The continued, fundamental questions and concerns with the final rule suggest that critical implementation issues, including some related to scope, may not have been fully understood and the agency does not want to proceed if we do not have all of the relevant facts on these matters. Retailers with many different and diverse business models have raised concerns about how the rule lacks flexibility to permit them to provide meaningful nutrition information to consumers given their type of business and different operations. Moreover, we continue to receive many questions about calorie disclosure signage for self-service foods, including buffets and grab- and-go foods. We do not want to proceed with a rule that might turn out to be too inflexible to support innovation in delivering information to consumers. In addition, we have received questions regarding how to distinguish a menu, which requires the posting of calorie information, from advertisements and other marketing pieces, which do not require calorie information. Many of these menu questions are complex and have highlighted for the agency the need for further consideration and clarification. How to address the natural calorie variations for foods has also been raised by stakeholders as an issue that needs additional guidance and clarity. Finally, some entities with certain business models have stated that they continue to have questions about what provisions of the final rule are applicable to them. We believe questions like this still need to be addressed. The previous extensions, as well as Congressional concern regarding implementation expressed through letters and appropriations law, are a reflection of the challenge in implementing this rule for a diverse industry of approximately 298,600 covered establishments, organized under 2,130 chains, that we estimated to be covered by the 2014 final rule. Executive Order 13777, ``Enforcing the Regulatory Reform Agenda'' (82 FR 12285, March 1, 2017), sets forth a policy to alleviate unnecessary regulatory burdens. Given the principles and policies set forth in these executive orders, particularly with respect to reducing burdens, reducing costs, maintaining flexibility, and improving effectiveness, we have decided to extend the compliance date to May 7, 2018. The additional time will allow us to consider what opportunities there may be to address these fundamental and complex questions and reduce the cost and enhance the flexibility of these requirements beyond those reflected in the final rule. Given our decision to reconsider the rule consistent with these Executive Orders, it would not make sense to require establishments covered by our final rule to come into compliance with the rule (for which compliance is not yet required), as well as incur additional ongoing costs to maintain or update compliance, when these requirements may change as a result of our reconsideration of the rule. We solicit comment on the extension of the compliance date. To assist us in our review, we invite interested parties to submit comments on how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives to provide consumers with nutrition information so that they can make informed choices for themselves and their families. In particular, and in light of the issues we have noted above, we are interested in hearing about approaches to reduce the regulatory burden or increase flexibility with respect to: (1) Calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; (2) methods for providing calorie disclosure information other than on the menu itself, including how different kinds of retailers might use different methods; and (3) criteria for distinguishing between menus and other information presented to the consumer. (See ADDRESSES for instructions on submitting comments.) These questions have been identified by stakeholders as among the fundamental issues that continue to pose significant implementation challenges. As of April 7, 2017, we have received five requests for an extension of the compliance period, which we will add to the docket. In addition, on April 5, 2017, a request to stay the effective date was submitted to FDA (see Docket No. FDA-2017- P-2164); this request is currently under consideration. To the extent that 5 U.S.C. 553 applies to this extension of the compliance date, the action is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, to the extent that the notice-and-comment and delayed effective date requirements set forth in 5 U.S.C. 553 applies to this action, the implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based [[Page 20828]] on the good cause exceptions in 5 U.S.C. 553(b)(B) and (d)(3). Given the imminence of the compliance date (May 5, 2017), and the fact that, as discussed above, a number of regulated establishments continue to raise numerous, complex questions about applicability of the menu labeling requirements and about how to implement them, we have decided that providing an opportunity for public comment would be impracticable and contrary to the public interest. This is because providing immediate notice to covered establishments of the additional time to come into compliance allows for more efficient planning and accounting for implementation of requirements, thus reducing regulatory burden and costs on affected entities. In addition, providing immediate notice that there will be additional time to comply is necessary so that affected entities can avoid incurring immediate costs and efficiently plan and account for implementation of the requirements by the imminent compliance date. Good cause exists to delay the compliance date without comment and effective immediately. In accordance with 21 CFR 10.40(e)(1), however, we note that interested parties may provide comment on the compliance date extension, including whether it should be modified or revoked. In addition, interested parties may submit comments on how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives with respect to providing consumers with nutrition information so that they can make informed choices for themselves and their families. In addition, as we have done throughout this complex rulemaking process, we will continue to work with stakeholders as we go forward. III. Economic Analysis of Impacts We have examined the impacts of the interim final rule under Executive Order 12866, Executive Order 13563, Executive Order 13771, the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). Executive Order 13771 requires that the costs associated with new regulations shall ``be offset by the elimination of existing costs associated with at least two prior regulations.'' We have developed an Economic Analysis of Impacts that assesses the impacts of the interim final rule, including cost savings to industry and foregone benefits to consumers. We estimate at least one type of impact in at least one year to be greater than $100 million. Thus, we believe that this interim final rule is an economically significant regulatory action as defined by Executive Order 12866. The Regulatory Flexibility Act requires Agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because this rule reduces the burden on covered establishments by further extending the compliance date for the ``Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments'' final rule (79 FR 71156, December 1, 2014 (final rule); 80 FR 39675, July 10, 2015 (extending the compliance date to December 1, 2016); 81 FR 96364, December 30, 2016 (clarifying extension of the compliance date to May 5, 2017)), we certify the interim final rule will not have a significant economic impact on a substantial number of small entities. The Unfunded Mandates Reform Act of 1995 (section 202(a)) requires us to prepare a written statement, which includes an assessment of anticipated costs and benefits, before issuing ``any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.'' The current threshold after adjustment for inflation is $148 million, using the most current (2016) Implicit Price Deflator for the Gross Domestic Product. This interim final rule would not result in an expenditure by industry in any year that meets or exceeds this amount. This interim final rule extends the compliance date to May 7, 2018, for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and similar retail food establishments. The principal benefit of this interim final rule will be the reduction in costs to covered establishments associated with extending the compliance date by one year. The total annualized benefit (i.e., cost savings) of this interim final rule, using a 3-percent discount rate over 20 years, would be from $2 to $6 million; with a 7-percent discount rate, the annualized benefit would be $3 to $8 million. The principal cost of this interim final rule will be the reduction in benefits to consumers associated with extending the compliance date by one year. The total annualized cost (i.e., foregone benefits) of this interim final rule, using a 3-percent discount rate over 20 years, would be from $5 to $15 million; with a 7-percent discount rate, the annualized cost would be $6 to $19 million. Extending the compliance date of the ``Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments'' final rule by one year reduces the annualized net benefits (discounted at 3 percent) approximately 1 percent, from $506 million to $501 million. While average annualized net benefits decrease by $5 million, they are still positive. We recognize that there may be additional costs and benefits to both consumers and covered establishments that we do not have the data to quantify here. We are presenting the estimated benefits and costs of the menu labeling final rule, which takes effect according to the dates in this interim final rule. These quantitative estimates reflect an assumed baseline in which the menu labeling regulation eventually goes fully into effect. If statutory or other changes that are separate from FDA rulemaking were to impact full implementation, the quantitative benefits estimates would be lower and the quantitative cost estimates higher than shown here. We invite comment on both this Regulatory Impact Analysis and the Regulatory Impact Analysis for the December 2014 final rule. The full analysis of economic impacts is available in the docket for this interim final rule (Ref. 1) and at http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses/default.htm. IV. Paperwork Reduction Act This interim 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. V. Analysis of Environmental Impact We have determined under 21 CFR 25.30(k) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. VI. Reference The following reference is on display in the Division of Dockets Management (see ADDRESSES) and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically [[Page 20829]] at https://www.regulations.gov. FDA has verified the Web site addresses, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time. 1. FDA, interim economic impact analysis for ``Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comment,'' April 2017. Available at: http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/EconomicAnalyses. Dated: May 1, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017-09029 Filed 5-1-17; 4:15 pm] BILLING CODE 4164-01-P
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(d) Subject but if any crack is found as identified in (2) You must use this service information
Air Transport Association (ATA) of Boeing 707 Alert Service Bulletin A3543, as applicable to do the actions required by
America Code 53, Fuselage. dated September 15, 2016, concurrence by this AD, unless the AD specifies otherwise.
the Manager, Los Angeles Aircraft (i) Boeing 707 Alert Service Bulletin
(e) Unsafe Condition Certification Office (ACO), FAA, is required A3543, dated September 15, 2016.
This AD was prompted by a determination before issuance of the special flight permit. (ii) Reserved.
that undetected web fatigue cracking caused (3) For service information identified in
(j) Alternative Methods of Compliance this AD, contact Boeing Commercial
by oil canning may exist in the station 1440 (AMOCs)
aft pressure bulkhead web. We are issuing Airplanes, Attention: Contractual & Data
this AD to detect and correct fatigue cracking (1) The Manager, Los Angeles ACO, FAA, Services (C&DS), 2600 Westminster Blvd.,
of the aft pressure bulkhead web, which has the authority to approve AMOCs for this MC 110–SK57, Seal Beach, CA 90740–5600;
could grow in length and ultimately reduce AD, if requested using the procedures found telephone 562–797–1717; Internet https://
the structural integrity of the web and lead in 14 CFR 39.19. In accordance with 14 CFR www.myboeingfleet.com.
to rapid decompression of the airplane. 39.19, send your request to your principal (4) You may view this service information
inspector or local Flight Standards District at the FAA, Transport Airplane Directorate,
(f) Compliance Office, as appropriate. If sending information 1601 Lind Avenue SW., Renton, WA. For
Comply with this AD within the directly to the manager of the ACO, send it information on the availability of this
compliance times specified, unless already to the attention of the person identified in material at the FAA, call 425–227–1221.
done. paragraph (k) of this AD. Information may be (5) You may view this service information
emailed to: 9-ANM-LAACO-AMOC- that is incorporated by reference at the
(g) Repetitive Inspections and Related Requests@faa.gov. National Archives and Records
Investigative and Corrective Actions (2) Before using any approved AMOC, Administration (NARA). For information on
At the applicable time specified in notify your appropriate principal inspector, the availability of this material at NARA, call
paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 or lacking a principal inspector, the manager 202–741–6030, or go to: http://
Alert Service Bulletin A3543, dated of the local flight standards district office/ www.archives.gov/federal-register/cfr/ibr-
September 15, 2016, except as required by certificate holding district office. locations.html.
paragraph (h)(1) of this AD: Do all applicable (3) An AMOC that provides an acceptable
Issued in Renton, Washington, on April 24,
actions specified in paragraphs (g)(1), (g)(2), level of safety may be used for any repair,
2017.
and (g)(3) of this AD, in accordance with the modification, or alteration required by this
Accomplishment Instructions of Boeing 707 AD if it is approved by the Boeing Paul Bernado,
Alert Service Bulletin A3543, dated Commercial Airplanes Organization Acting Manager, Transport Airplane
September 15, 2016, except as required by Designation Authorization (ODA) that has Directorate, Aircraft Certification Service.
paragraph (h)(2) of this AD. been authorized by the Manager, Los Angeles [FR Doc. 2017–08828 Filed 5–3–17; 8:45 am]
(1) Do a detailed inspection of the station ACO, to make those findings. To be BILLING CODE 4910–13–P
1440 aft pressure bulkhead web for any oil approved, the repair method, modification
canning. Repeat the inspection at the deviation, or alteration deviation must meet
applicable time specified in paragraph 1.E., the certification basis of the airplane, and the
‘‘Compliance,’’ of Boeing 707 Alert Service approval must specifically refer to this AD. DEPARTMENT OF HEALTH AND
Bulletin A3543, dated September 15, 2016. (4) Except as required by paragraph (h) of HUMAN SERVICES
(2) Do all applicable related investigative this AD: For service information that
actions, including detailed, eddy current, and contains steps that are labeled as RC, the Food and Drug Administration
high frequency eddy current (HFEC) provisions of paragraphs (j)(4)(i) and (j)(4)(ii)
inspections. Repeat the applicable of this AD apply. 21 CFR Parts 11 and 101
inspections thereafter at the applicable time (i) The steps labeled as RC, including
specified in paragraph 1.E., ‘‘Compliance,’’ of substeps under an RC step and any figures [Docket No. FDA–2011–F–0172]
Boeing 707 Alert Service Bulletin A3543, identified in an RC step, must be done to
RIN 0910–ZA48
dated September 15, 2016. comply with the AD. If a step or substep is
(3) Do all applicable corrective actions at labeled ‘‘RC Exempt,’’ then the RC
the applicable time specified in paragraph requirement is removed from that step or
Food Labeling; Nutrition Labeling of
1.E., ‘‘Compliance,’’ of Boeing 707 Alert substep. An AMOC is required for any Standard Menu Items in Restaurants
Service Bulletin A3543, dated September 15, deviations to RC steps, including substeps and Similar Retail Food
2016. and identified figures. Establishments; Extension of
(ii) Steps not labeled as RC may be Compliance Date; Request for
(h) Service Information Exceptions deviated from using accepted methods in Comments
(1) Where Boeing 707 Alert Service accordance with the operator’s maintenance
Bulletin A3543, dated September 15, 2016, or inspection program without obtaining AGENCY: Food and Drug Administration,
specifies a compliance time ‘‘after the approval of an AMOC, provided the RC steps, HHS.
original issue date of this service bulletin,’’ including substeps and identified figures, can ACTION:Interim final rule; extension of
this AD requires compliance within the still be done as specified, and the airplane
specified compliance time after the effective
compliance date; request for comments.
can be put back in an airworthy condition.
date of this AD. SUMMARY: The Food and Drug
(2) Where Boeing 707 Alert Service (k) Related Information
Bulletin A3543, dated September 15, 2016, For more information about this AD, Administration (FDA or we) is
specifies to contact Boeing for repair contact George Garrido, Aerospace Engineer, extending the compliance date for the
instructions, and specifies that action as Airframe Branch, ANM–120L, FAA, Los final rule requiring disclosure of certain
Required for Compliance (RC), this AD Angeles Aircraft Certification Office (ACO), nutrition information for standard menu
requires repair using a method approved in 3960 Paramount Boulevard, Lakewood, CA items in certain restaurants and retail
accordance with the procedures specified in 90712–4137; phone: 562–627–5232; fax: 562– food establishments. In the Federal
pmangrum on DSK3GDR082PROD with RULES
paragraph (j) of this AD. 627–5210; email: george.garrido@faa.gov. Register of December 30, 2016, we
(i) Special Flight Permit (l) Material Incorporated by Reference stated that the compliance date for the
Special flight permits may be issued in (1) The Director of the Federal Register final rule would be May 5, 2017. We are
accordance with sections 21.197 and 21.199 approved the incorporation by reference extending the compliance date to May 7,
of the Federal Aviation Regulations (14 CFR (IBR) of the service information listed in this 2018. We are taking this action to enable
21.197 and 21.199) to operate the airplane to paragraph under 5 U.S.C. 552(a) and 1 CFR us to consider how we might further
a location where the airplane can be repaired, part 51. reduce the regulatory burden or increase
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at https://www.regulations.gov. FDA has delivery service acceptance receipt is on submission. You should submit two
verified the Web site addresses, as of the or before that date. copies total. One copy will include the
date this document publishes in the information you claim to be confidential
Electronic Submissions
Federal Register, but Web sites are with a heading or cover note that states
subject to change over time. Submit electronic objections in the ‘‘THIS DOCUMENT CONTAINS
following way: CONFIDENTIAL INFORMATION.’’ We
1. FDA, interim economic impact analysis for
• Federal eRulemaking Portal: will review this copy, including the
‘‘Food Labeling; Nutrition Labeling of
Standard Menu Items in Restaurants and https://www.regulations.gov. Follow the claimed confidential information, in our
Similar Retail Food Establishments; instructions for submitting comments. consideration of comments. The second
Extension of Compliance Date; Request Objections submitted electronically, copy, which will have the claimed
for Comment,’’ April 2017. Available at: including attachments, to https:// confidential information redacted/
http://www.fda.gov/AboutFDA/ www.regulations.gov will be posted to blacked out, will be available for public
ReportsManualsForms/Reports/ the docket unchanged. Because your viewing and posted on https://
EconomicAnalyses. objection will be made public, you are www.regulations.gov. Submit both
Dated: May 1, 2017. solely responsible for ensuring that your copies to the Division of Dockets
Anna K. Abram, objection does not include any Management. If you do not wish your
Deputy Commissioner for Policy, Planning, confidential information that you or a name and contact information to be
Legislation, and Analysis. third party may not wish to be posted, made publicly available, you can
[FR Doc. 2017–09029 Filed 5–1–17; 4:15 pm] such as medical information, your or provide this information on the cover
BILLING CODE 4164–01–P
anyone else’s Social Security number, or sheet and not in the body of your
confidential business information, such comments and you must identify this
as a manufacturing process. Please note information as ‘‘confidential.’’ Any
DEPARTMENT OF HEALTH AND that if you include your name, contact information marked as ‘‘confidential’’
HUMAN SERVICES information, or other information that will not be disclosed except in
identifies you in the body of your accordance with 21 CFR 10.20 and other
Food and Drug Administration objection, that information will be applicable disclosure law. For more
posted on https://www.regulations.gov. information about FDA’s posting of
21 CFR Part 177 • If you want to submit an objection comments to public dockets, see 80 FR
with confidential information that you 56469, September 18, 2015, or access
[Docket No. FDA–2016–F–1805] do not wish to be made available to the the information at: https://www.gpo.gov/
public, submit the objection as a fdsys/pkg/FR-2015-09-18/pdf/2015-
Indirect Food Additives: Polymers written/paper submission and in the 23389.pdf.
AGENCY: Food and Drug Administration, manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to
HHS. read background documents or the
ACTION: Final rule. Written/Paper Submissions electronic and written/paper comments
Submit written/paper submissions as received, go to https://
SUMMARY: The Food and Drug www.regulations.gov and insert the
Administration (FDA or we) is follows:
amending the food additive regulations • Mail/Hand delivery/Courier (for docket number, found in brackets in the
written/paper submissions): Division of heading of this document, into the
to no longer provide for the use of ‘‘Search’’ box and follow the prompts
potassium perchlorate as an additive in Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers and/or go to the Division of Dockets
closure-sealing gaskets for food Management, 5630 Fishers Lane, Rm.
containers because this use has been Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper objections 1061, Rockville, MD 20852.
abandoned. This action is in response to
submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT:
a petition filed by Keller and Heckman
Management, FDA will post your Vivian Gilliam, Center for Food Safety
LLP on behalf of the Society of the
objection, as well as any attachments, and Applied Nutrition (HFS–275), Food
Plastics Industry, Inc.
except for information submitted, and Drug Administration, 5001 Campus
DATES: This rule is effective May 4, marked and identified, as confidential,
2017. Submit either electronic or Dr., College Park, MD 20740–3835, 240–
if submitted as detailed in 402–1193.
written objections and requests for a ‘‘Instructions.’’
hearing on the final rule by June 5, Instructions: All submissions received SUPPLEMENTARY INFORMATION:
2017. See the ADDRESSES section, and must include the Docket No. FDA–
SUPPLEMENTARY INFORMATION section VIII
I. Background
2016–F–1805 for ‘‘Indirect Food
of this document, for further Additives: Polymers.’’ Received In a document published in the
information on the filing of objections. objections, those filed in a timely Federal Register of June 30, 2016 (81 FR
ADDRESSES: You may submit objections manner (see DATES), will be placed in 42585), we announced that we filed a
and requests for a hearing as follows. the docket and, except for those food additive petition (FAP 6B4816)
Please note that late, untimely filed submitted as ‘‘Confidential submitted on behalf of Society of the
objections will not be considered. Submissions,’’ publicly viewable at Plastics Industry, Inc. (SPI) by Keller
Electronic objections must be submitted https://www.regulations.gov or at the and Heckman LLP, 1001 G Street NW.,
on or before June 5, 2017. The https:// Division of Dockets Management Suite 500 West, Washington, DC 20001.
pmangrum on DSK3GDR082PROD with RULES
www.regulations.gov electronic filing between 9 a.m. and 4 p.m., Monday The petition proposed to amend
system will accept comments until through Friday. § 177.1210 (21 CFR 177.1210) to no
midnight Eastern Time at the end of • Confidential Submissions—To longer provide for the use of potassium
June 5, 2017. Objections received by submit an objection with confidential perchlorate as an additive in closure-
mail/hand delivery/courier (for written/ information that you do not wish to be sealing gaskets for food containers
paper submissions) will be considered made publicly available, submit your because the use has been intentionally
timely if they are postmarked or the objections only as a written/paper and permanently abandoned.
VerDate Sep<11>2014 13:02 May 03, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM 04MYR1](https://thefederalregister.org/doc/82_FR_20910/page/5.svg)
Document Created: 2017-05-04 01:48:57
Document Modified: 2017-05-04 01:48:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule; extension of compliance date; request for comments. | |
| Dates | Compliance date: As of May 4, 2017, the compliance date for covered establishments set out in the final rule published December 1, 2014 (79 FR 71156), and extended in final rules published on July 10, 2015 (80 FR 39675) and December 30, 2016 (81 FR 96364), is further extended. Covered establishments must comply with the rule published December 1, 2014 (79 FR 71156), by May 7, 2018. | |
| Contact | Felicia B. Billingslea, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371. | |
| FR Citation | 82 FR 20825 | |
| RIN Number | 0910-ZA48 | |
| CFR Citation | 21
CFR
101 21 CFR 11 |
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