82_FR_44026 82 FR 43845 - Listing of Color Additives Exempt From Certification; Spirulina Extract; Confirmation of Effective Date

82 FR 43845 - Listing of Color Additives Exempt From Certification; Spirulina Extract; Confirmation of Effective Date

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range43845-43846
FR Document2017-20050

The Food and Drug Administration (FDA or we) is confirming the effective date of August 3, 2017, for the final rule that appeared in the Federal Register of July 3, 2017, and that amended the color additive regulations to provide for the expanded safe use of spirulina extract to seasonally color hard-boiled shell eggs at levels consistent with good manufacturing practice.

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43845-43846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20050]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2016-C-2570]


Listing of Color Additives Exempt From Certification; Spirulina 
Extract; Confirmation of Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; confirmation of effective date.

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

SUMMARY: The Food and Drug Administration (FDA or we) is confirming the 
effective date of August 3, 2017, for the final rule that appeared in 
the Federal Register of July 3, 2017, and that amended the color 
additive regulations to provide for the expanded safe use of spirulina 
extract to seasonally color hard-boiled shell eggs at levels consistent 
with good manufacturing practice.

DATES: Effective date of final rule published in the Federal Register 
of July 3, 2017 (82 FR 30731), confirmed: August 3, 2017.

FOR FURTHER INFORMATION CONTACT: Molly A. Harry, Center for Food Safety 
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., 
College Park, MD 20740, 240-402-1075.

SUPPLEMENTARY INFORMATION: In the Federal Register of July 3, 2017 (82 
FR 30731), we amended the color additive regulations in Sec.  73.530 
Spirulina extract (21 CFR 73.530) to provide for the expanded safe use 
of spirulina extract to seasonally color the shells of hard-boiled 
eggs.
    We gave interested persons until August 2, 2017, to file objections 
or requests for a hearing. We received no objections or requests for a 
hearing on the final rule. Therefore, we find that the effective date 
of the final rule that published in the Federal Register of July 3, 
2017, should be confirmed.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and under 
authority delegated to the Commissioner of Food and Drugs, we are 
giving notice that no objections or requests for a hearing were filed 
in response to the July 3, 2017, final rule. Accordingly, the 
amendments issued thereby became effective August 3, 2017.


[[Page 43846]]


    Dated: September 14, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20050 Filed 9-19-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                           Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                        43845

                                                As a result of the lack of funding,                   federalism assessment under Executive                 DEPARTMENT OF HEALTH AND
                                              NTIA began the orderly shutdown of the                  Order 13132.                                          HUMAN SERVICES
                                              PTFP thereafter. NTIA has not
                                              processed applications or awarded any                   Regulatory Flexibility Act                            Food and Drug Administration
                                              additional grants under the PTFP since                    The Chief Counsel for Regulation of
                                              that time. NTIA has continued to                                                                              21 CFR Part 73
                                                                                                      the Department of Commerce certified
                                              monitor PTFP grants it awarded before                   to the Chief Counsel for Advocacy of the              [Docket No. FDA–2016–C–2570]
                                              Fiscal Year 2011 to ensure taxpayer
                                                                                                      Small Business Administration that the
                                              funds have been utilized in the most                                                                          Listing of Color Additives Exempt
                                                                                                      repeal of regulations governing the
                                              responsible and efficient manner.                                                                             From Certification; Spirulina Extract;
                                                                                                      PTFP would not have a significant
                                              II. Comments                                            impact on a substantial number of small               Confirmation of Effective Date
                                                 On July 18, 2017, NTIA published a                   entities in accordance with section                   AGENCY:    Food and Drug Administration,
                                              Notice of Proposed Rulemaking (NPRM)                    605(b) of the Regulatory Flexibility Act              HHS.
                                              in the Federal Register seeking                         (5 U.S.C. 605(b)). NTIA received no                   ACTION:  Final rule; confirmation of
                                              comment on its proposed repeal of                       comments on the certification, which                  effective date.
                                              regulations governing the PTFP. NTIA                    remains unchanged.
                                              did not receive any comments in                                                                               SUMMARY:   The Food and Drug
                                                                                                      Paperwork Reduction Act                               Administration (FDA or we) is
                                              response to the NPRM.
                                                                                                                                                            confirming the effective date of August
                                              III. Repeal of Regulations for the Public                 The repeal of the regulations
                                                                                                                                                            3, 2017, for the final rule that appeared
                                              Telecommunications Facilities Program                   governing the PTFP contains no
                                                                                                                                                            in the Federal Register of July 3, 2017,
                                                                                                      collections of information. Therefore,                and that amended the color additive
                                                Congress authorized NTIA to establish
                                                                                                      clearance by the Office of Management                 regulations to provide for the expanded
                                              regulations ‘‘as may be necessary to
                                                                                                      and Budget (OMB) under the Paperwork                  safe use of spirulina extract to
                                              carry out’’ the PTFP.6 Due to the lack of
                                              funding for seven years and no                          Reduction Act of 1995 is not required.                seasonally color hard-boiled shell eggs
                                              prospective funding for the PTFP, the                   In 2013, OMB approved NTIA’s requests                 at levels consistent with good
                                              regulations governing the PTFP are                      to discontinue the following collections              manufacturing practice.
                                              unnecessary and obsolete. If these                      associated with the regulations                       DATES: Effective date of final rule
                                              regulations are not removed, it may                     governing the PTFP: OMB Control                       published in the Federal Register of
                                              suggest that the program is still active                Numbers 0660–0003, 0660–0001, and                     July 3, 2017 (82 FR 30731), confirmed:
                                              and may cause confusion regarding the                   0605–0001; consequently, NTIA has no                  August 3, 2017.
                                              status of the program. Accordingly,                     active collections associated with its                FOR FURTHER INFORMATION CONTACT:
                                              NTIA is repealing its regulations                       regulations governing the PTFP.                       Molly A. Harry, Center for Food Safety
                                              governing the PTFP.                                                                                           and Applied Nutrition, Food and Drug
                                                                                                      Lists of Subjects in 15 CFR Part 2301
                                              Administrative Procedure Act                                                                                  Administration, 5001 Campus Dr.,
                                                                                                        Administrative procedure, Grant                     College Park, MD 20740, 240–402–1075.
                                                The Final Rule relates solely to the                  programs-communications, Reporting                    SUPPLEMENTARY INFORMATION: In the
                                              repeal of grant program processes, and,                 and recordkeeping requirements,
                                              as such, is not subject to the                                                                                Federal Register of July 3, 2017 (82 FR
                                                                                                      Telecommunications.                                   30731), we amended the color additive
                                              requirements of the Administrative
                                              Procedure Act, 5 U.S.C. 553(a)(2).                      ■ For the reasons stated above, and                   regulations in § 73.530 Spirulina extract
                                                                                                      under the authority of 47 U.S.C. 390–                 (21 CFR 73.530) to provide for the
                                              Congressional Review Act                                                                                      expanded safe use of spirulina extract to
                                                                                                      393 and 397–399b, NTIA is removing
                                                It has been determined that this final                                                                      seasonally color the shells of hard-
                                                                                                      and reserving 15 CFR part 2301.
                                              rule is not major under 5 U.S.C. 801 et                                                                       boiled eggs.
                                              seq.                                                    PART 2301—[REMOVED AND                                   We gave interested persons until
                                                                                                                                                            August 2, 2017, to file objections or
                                              Executive Order 12866                                   RESERVED]
                                                                                                                                                            requests for a hearing. We received no
                                                The repeal of the regulations                                                                               objections or requests for a hearing on
                                                                                                        Dated: September 15, 2017.
                                              governing the PTFP is not a significant                                                                       the final rule. Therefore, we find that
                                                                                                      Leonard Bechtel,                                      the effective date of the final rule that
                                              regulatory action as defined by
                                              Executive Order 12866.                                  Director of Administration and Chief                  published in the Federal Register of
                                                                                                      Financial Officer, performing the non-                July 3, 2017, should be confirmed.
                                              Executive Order 13132                                   exclusive duties of the Assistant Secretary
                                                                                                      for Communications and Information,                   List of Subjects in 21 CFR Part 73
                                                The repeal of the regulations
                                              governing the PTFP does not contain                     National Telecommunications and                          Color additives, Cosmetics, Drugs,
                                                                                                      Information Administration.                           Medical devices.
                                              policies with federalism implications
                                              sufficient to warrant preparation of a                  [FR Doc. 2017–20012 Filed 9–19–17; 8:45 am]
                                                                                                                                                            ■ Therefore, under the Federal Food,
                                                                                                      BILLING CODE 3510–60–P                                Drug, and Cosmetic Act (21 U.S.C. 321,
                                              Construction’ ’’). In the 2014 appropriation,                                                                 341, 342, 343, 348, 351, 352, 355, 361,
                                              Congress rescinded $8.5 million from the NTIA                                                                 362, 371, 379e) and under authority
sradovich on DSKBBY8HB2PROD with RULES




                                              PTFP account. Consolidated Appropriations Act,
                                              2014, Pub. L. 113–76, sec. 524(a) (Jan. 17, 2014)                                                             delegated to the Commissioner of Food
                                              (‘‘Of the unobligated balances available for                                                                  and Drugs, we are giving notice that no
                                              ‘Department of Commerce, National                                                                             objections or requests for a hearing were
                                              Telecommunications and Information                                                                            filed in response to the July 3, 2017,
                                              Administration, Public Telecommunications
                                              Facilities, Planning and Construction,’ $8,500,000 is                                                         final rule. Accordingly, the amendments
                                              hereby rescinded’’).                                                                                          issued thereby became effective August
                                                 6 47 U.S.C. 392(e).                                                                                        3, 2017.


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                                              43846        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                                Dated: September 14, 2017.                            whose disclosure is restricted by statute.            comment from April 6, 2013, to May 8,
                                              Anna K. Abram,                                          Multimedia submissions (audio, video,                 2013. One comment was received and
                                              Deputy Commissioner for Policy, Planning,               etc.) must be accompanied by a written                adequately addressed in the final SIP
                                              Legislation, and Analysis.                              comment. The written comment is                       submission. The amended submission
                                              [FR Doc. 2017–20050 Filed 9–19–17; 8:45 am]             considered the official comment and                   was placed on public comment January
                                              BILLING CODE 4164–01–P                                  should include discussion of all points               12, 2017, to February 15, 2017. No
                                                                                                      you wish to make. The EPA will                        comments were received. These
                                                                                                      generally not consider comments or                    submissions also satisfied the
                                              ENVIRONMENTAL PROTECTION                                comment contents located outside of the               completeness criteria of 40 CFR part 51,
                                              AGENCY                                                  primary submission (i.e. on the web,                  appendix V. In addition, as explained
                                                                                                      cloud, or other file sharing system). For             above and in more detail in the
                                              40 CFR Part 52                                          additional submission methods, the full               technical support document which is
                                                                                                      EPA public comment policy,                            part of this docket, the revisions meets
                                              [EPA–R07–OAR–2017–0208; FRL–9967–93–                    information about CBI or multimedia                   the substantive SIP requirements of the
                                              Region 7]                                               submissions, and general guidance on                  CAA, including section 110 and
                                              Approval of Implementation Plans;                       making effective comments, please visit               implementing regulations.
                                              State of Iowa; Elements of the                          https://www2.epa.gov/dockets/
                                                                                                                                                            III. What action is EPA taking?
                                              Infrastructure SIP Requirements for                     commenting-epa-dockets.
                                                                                                      FOR FURTHER INFORMATION CONTACT:                         EPA is approving elements of the July
                                              the 2010 Nitrogen Dioxide National                                                                            23, 2013, (received July 29, 2013)
                                              Ambient Air Quality Standard (NAAQS)                    Heather Hamilton, Air Planning and
                                                                                                      Development Branch, U.S.                              infrastructure SIP submission from the
                                              AGENCY: Environmental Protection                        Environmental Protection Agency,                      State of Iowa, which addresses the
                                              Agency (EPA).                                           Region 7, 11201 Renner Boulevard,                     requirements of CAA sections 110(a)(1)
                                                                                                      Lenexa, KS 66219 at (913) 551–7039, or                and (2) as applicable to the 2010 NO2
                                              ACTION: Direct final rule.
                                                                                                      by email at hamilton.heather@epa.gov.                 NAAQS. As stated above, EPA is
                                              SUMMARY:    The Environmental Protection                SUPPLEMENTARY INFORMATION:
                                                                                                                                                            approving the following elements of
                                              Agency (EPA) is taking direct final                     Throughout this document ‘‘we,’’ ‘‘us,’’              section 110(a)(2): (A), (B), (C), (D)(i)(I)—
                                              action to approve elements of a State                   and ‘‘our’’ refer to EPA. This section                significant contribution to
                                              Implementation Plan (SIP) submission,                   provides additional information by                    nonattainment (prong 1), interfering
                                              and an amended SIP submission from                      addressing the following:                             with maintenance of the NAAQS (prong
                                              the State of Iowa for the 2010 Nitrogen                                                                       2) and (D)(i)(II)—prevent significant
                                                                                                      I. What is being addressed in this document?          deterioration of air quality (prong 3),
                                              Dioxide (NO2) National Ambient Air                      II. Have the requirements for approval of a
                                              Quality Standard (NAAQS).                                                                                     and (D)(ii), (E) through (H), and (J)
                                                                                                           SIP revision been met?
                                                 Infrastructure SIPs address the                      III. What action is EPA taking?                       through (M). The March 1, 2017, SIP
                                              applicable requirements of Clean Air                    IV. Statutory and Executive Order Reviews             amendment, revised 110(a)(2)(D)(i)(I).
                                              Act (CAA) section 110, which requires                                                                         Details of the submission are addressed
                                                                                                      I. What is being addressed in this                    in the TSD, included as part of the
                                              that each state adopt and submit a SIP                  document?
                                              for the implementation, maintenance,                                                                          docket, to discuss this approval action.
                                              and enforcement of each new or revised                     EPA is approving elements of the                      EPA is not taking action on section
                                              NAAQS promulgated by the EPA. These                     2010 NO2 NAAQS infrastructure SIP                     110(a)(2)(I). Section 110(a)(2)(I) requires
                                              SIPs are commonly referred to as                        submission from the State of Iowa                     that in the case of a plan or plan
                                              ‘‘infrastructure’’ SIPs. The infrastructure             received on July 29, 2013, and an                     revision for areas designated as
                                              requirements are designed to ensure that                amended SIP submission received on                    nonattainment areas, states must meet
                                              the structural components of each                       March 9, 2017. Specifically, EPA is                   applicable requirements of part D of the
                                              state’s air quality management program                  approving the following elements of                   CAA, relating to SIP requirements for
                                              are adequate to meet the state’s                        section 110(a)(2): (A), (B), (C), (D)(i)(I)—          designated nonattainment areas. EPA
                                              responsibilities under the CAA.                         significant contribution to                           does not expect infrastructure SIP
                                                                                                      nonattainment (prong 1), interfering                  submissions to address element (I). The
                                              DATES: This direct final rule will be                                                                         specific SIP submissions for designated
                                                                                                      with maintenance of the NAAQS (prong
                                              effective November 20, 2017, without                                                                          nonattainment areas, as required under
                                                                                                      2) and (D)(i)(II)—prevent of significant
                                              further notice, unless EPA receives                                                                           CAA title I, part D, are subject to
                                                                                                      deterioration of air quality (prong 3),
                                              adverse comment by October 20, 2017.                                                                          different submission schedules than
                                                                                                      and (D)(ii), (E) through (H), and (J)
                                              If EPA receives adverse comment, we                                                                           those for section 110 infrastructure
                                                                                                      through (M). EPA is not acting on the
                                              will publish a timely withdrawal of the                                                                       elements. EPA will take action on part
                                                                                                      elements of section 110(a)(2)(D)(i)(II)—
                                              direct final rule in the Federal Register                                                                     D attainment plan SIP submissions
                                                                                                      protection of visibility (prong 4), and
                                              informing the public that the rule will                                                                       through a separate rulemaking governed
                                                                                                      110(a)(2)(I).
                                              not take effect.                                           A Technical Support Document (TSD)                 by the requirements for nonattainment
                                              ADDRESSES: Submit your comments,                        is included as part of this docket to                 areas, as described in part D.
                                              identified by Docket ID No. EPA–R07–                    discuss the details of this action,                      EPA is not taking action on section
                                              OAR–2017–0208, to https://                              including analysis of how the SIP meets               110(a)(2)(D)(i)(II), prong 4.
                                              www.regulations.gov. Follow the online                  the applicable 110 requirements for                      We are publishing this direct final
                                              instructions for submitting comments.                   infrastructure SIPs.                                  rule without a prior proposed rule
sradovich on DSKBBY8HB2PROD with RULES




                                              Once submitted, comments cannot be                                                                            because we view this as a
                                              edited or removed from Regulations.gov.                 II. Have the requirements for approval                noncontroversial action and anticipate
                                              EPA may publish any comment received                    of a SIP revision been met?                           no adverse comment. However, in the
                                              to its public docket. Do not submit                        The state submission has met the                   ‘‘Proposed Rules’’ section of this
                                              electronically any information you                      public notice requirements for SIP                    Federal Register, we are publishing a
                                              consider to be Confidential Business                    submissions in accordance with 40 CFR                 separate document that will serve as the
                                              Information (CBI) or other information                  51.102. The state initiated public                    proposed rule to approve the SIP


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Document Created: 2018-10-24 14:21:11
Document Modified: 2018-10-24 14:21:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; confirmation of effective date.
DatesEffective date of final rule published in the Federal Register of July 3, 2017 (82 FR 30731), confirmed: August 3, 2017.
ContactMolly A. Harry, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1075.
FR Citation82 FR 43845 
CFR AssociatedColor Additives; Cosmetics; Drugs and Medical Devices

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