83_FR_4444 83 FR 4423 - Listing of Color Additives Exempt From Certification; Calcium Carbonate; Confirmation of Effective Date

83 FR 4423 - Listing of Color Additives Exempt From Certification; Calcium Carbonate; Confirmation of Effective Date

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 21 (January 31, 2018)

Page Range4423-4423
FR Document2018-01912

The Food and Drug Administration (FDA or we) is confirming the effective date of December 8, 2017, for the final rule that appeared in the Federal Register of November 7, 2017, and that amended the color additive regulations to provide for the safe use of calcium carbonate to color hard and soft candy, mints, and in inks used on the surface of chewing gum.

Federal Register, Volume 83 Issue 21 (Wednesday, January 31, 2018)
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Page 4423]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01912]



[[Page 4423]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2016-C-2767]


Listing of Color Additives Exempt From Certification; Calcium 
Carbonate; 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 December 8, 2017, for the final rule that appeared in 
the Federal Register of November 7, 2017, and that amended the color 
additive regulations to provide for the safe use of calcium carbonate 
to color hard and soft candy, mints, and in inks used on the surface of 
chewing gum.

DATES: Effective date of final rule published in the Federal Register 
of November 7, 2017 (82 FR 51554) confirmed: December 8, 2017.

ADDRESSES: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and insert the 
docket number found in brackets in the heading of this final rule into 
the ``Search'' box and follow the prompts, and/or go to the Dockets 
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Judith Kidwell, Center for Food Safety 
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., 
College Park, MD 20740, 240-402-1071.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 7, 2017 
(82 FR 51554), we amended the color additive regulations to add Sec.  
73.70, ``Calcium carbonate,'' (21 CFR 73.70) to provide for the safe 
use of calcium carbonate to color soft and hard candies and mints, and 
in inks used on the surface of chewing gum, except that it may not be 
used to color chocolate for which standards of identity have been 
issued under section 401 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 341), unless added color is authorized by such standards.
    We gave interested persons until December 7, 2017, to file 
objections or requests for a hearing. We explained that to file an 
objection, among other things, persons must specify with particularity 
the provision(s) to which they object. We also explained that if a 
person who properly submits an objection wants a hearing, he or she 
must specifically request a hearing and that failure to do so will 
constitute a waiver of the right to a hearing (82 FR 51554 at 51557).
    We received two comments regarding our decision to amend the color 
additive regulations to provide for the safe use of calcium carbonate 
to color soft and hard candies and mints, and in inks used on the 
surface of chewing gum. Neither comment, however, specified with 
particularity the provision(s) of the regulation to which they objected 
nor specifically requested a hearing. Therefore, we find that the 
effective date of the final rule that published in the Federal Register 
of November 7, 2017, should be confirmed.

List of Subjects in 21 CFR Part 73

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

    Therefore, under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and 
under authority delegated to the Commissioner of Food and Drugs, we are 
giving notice that no objections or requests for a hearing were filed 
in response to the November 7, 2017, final rule. Accordingly, the 
amendments issued thereby became effective December 8, 2017.

    Dated: January 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-01912 Filed 1-30-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                               Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations                                         4423

                                              DEPARTMENT OF HEALTH AND                                they object. We also explained that if a               DATES:  In accordance with the
                                              HUMAN SERVICES                                          person who properly submits an                         Congressional Review Act, this rule is
                                                                                                      objection wants a hearing, he or she                   effective on April 2, 2018.
                                              Food and Drug Administration                            must specifically request a hearing and                FOR FURTHER INFORMATION CONTACT: Rob
                                                                                                      that failure to do so will constitute a                Schlicht, Office of the Comptroller,
                                              21 CFR Part 73                                          waiver of the right to a hearing (82 FR                Bureau of Consular Affairs, Department
                                              [Docket No. FDA–2016–C–2767]                            51554 at 51557).                                       of State; phone: 202–485–6685, telefax:
                                                                                                        We received two comments regarding                   202–485–6826; email: fees@state.gov.
                                              Listing of Color Additives Exempt                       our decision to amend the color additive               SUPPLEMENTARY INFORMATION: For the
                                              From Certification; Calcium Carbonate;                  regulations to provide for the safe use of             complete explanation of the background
                                              Confirmation of Effective Date                          calcium carbonate to color soft and hard               of this rule, including the rationale for
                                                                                                      candies and mints, and in inks used on                 the change, the authority of the
                                              AGENCY:    Food and Drug Administration,                the surface of chewing gum. Neither
                                              HHS.                                                                                                           Department of State (‘‘Department’’) to
                                                                                                      comment, however, specified with                       make the fee changes in question, and
                                              ACTION:  Final rule; confirmation of                    particularity the provision(s) of the                  an explanation of the study that
                                              effective date.                                         regulation to which they objected nor                  produced the fee amounts, consult the
                                                                                                      specifically requested a hearing.                      prior public notices cited in the
                                              SUMMARY:    The Food and Drug
                                                                                                      Therefore, we find that the effective date             ‘‘Background’’ section below.
                                              Administration (FDA or we) is
                                                                                                      of the final rule that published in the
                                              confirming the effective date of                                                                               Background
                                                                                                      Federal Register of November 7, 2017,
                                              December 8, 2017, for the final rule that
                                                                                                      should be confirmed.                                      The Department published an interim
                                              appeared in the Federal Register of
                                              November 7, 2017, and that amended                      List of Subjects in 21 CFR Part 73                     final rule in the Federal Register, 80 FR
                                              the color additive regulations to provide                                                                      53704, on September 8, 2015, amending
                                                                                                         Color additives, Cosmetics, Drugs,                  sections of 22 CFR part 22. Specifically,
                                              for the safe use of calcium carbonate to                Foods, Medical devices.
                                              color hard and soft candy, mints, and in                                                                       the rule amended the Schedule of Fees
                                              inks used on the surface of chewing                        Therefore, under the Federal Food,                  for Consular Services and provided 60
                                              gum.                                                    Drug, and Cosmetic Act (21 U.S.C. 321,                 days for comments from the public.
                                                                                                      341, 342, 343, 348, 351, 352, 355, 361,                During this 60-day comment period, 15
                                              DATES: Effective date of final rule                     362, 371, 379e) and under authority                    comments were received by mail, email,
                                              published in the Federal Register of                    delegated to the Commissioner of Food                  and through the submission process at
                                              November 7, 2017 (82 FR 51554)                          and Drugs, we are giving notice that no                regulations.gov.
                                              confirmed: December 8, 2017.                            objections or requests for a hearing were                 This rule establishes the following
                                              ADDRESSES: For access to the docket to                  filed in response to the November 7,                   fees for the categories below:
                                              read background documents or                            2017, final rule. Accordingly, the                     —Administrative Processing of Request
                                              comments received, go to https://                       amendments issued thereby became                          for Certificate of Loss of Nationality
                                              www.regulations.gov and insert the                      effective December 8, 2017.                               (CLN) $2,350
                                              docket number found in brackets in the                    Dated: January 24, 2018.                             —Passport Book Application Fee (age 16
                                              heading of this final rule into the                                                                               and older) from $70 to $50
                                                                                                      Leslie Kux,
                                              ‘‘Search’’ box and follow the prompts,                                                                         —Passport Book Application Fee (under
                                              and/or go to the Dockets Management                     Associate Commissioner for Policy.
                                                                                                                                                                age 16) from $40 to $20
                                              Staff, 5630 Fishers Lane, Rm. 1061,                     [FR Doc. 2018–01912 Filed 1–30–18; 8:45 am]
                                                                                                                                                             —Passport Security Surcharge from $40
                                              Rockville, MD 20852.                                    BILLING CODE 4164–01–P
                                                                                                                                                                to $60
                                              FOR FURTHER INFORMATION CONTACT:                                                                                  The original publication of the
                                              Judith Kidwell, Center for Food Safety                                                                         interim final rule included an incorrect
                                              and Applied Nutrition, Food and Drug                    DEPARTMENT OF STATE                                    effective date of September 23, 2015, for
                                              Administration, 5001 Campus Dr.,                                                                               the above changes in the Passport Book
                                              College Park, MD 20740, 240–402–1071.                   22 CFR Part 22                                         Application fees and Passport Security
                                              SUPPLEMENTARY INFORMATION: In the                                                                              Surcharge. That date subsequently was
                                              Federal Register of November 7, 2017                    [Public Notice 9450]                                   corrected. See 80 FR 55242. The correct
                                              (82 FR 51554), we amended the color                                                                            effective date is reflected herein; it is
                                              additive regulations to add § 73.70,                    RIN 1400–AD71
                                                                                                                                                             September 26, 2015.
                                              ‘‘Calcium carbonate,’’ (21 CFR 73.70) to                Schedule of Fees for Consular
                                              provide for the safe use of calcium                                                                            Analysis of Comments
                                                                                                      Services, Department of State and
                                              carbonate to color soft and hard candies                Overseas Embassies and Consulates                         In the 60-day period since the
                                              and mints, and in inks used on the                                                                             publication of the interim final rule, 15
                                              surface of chewing gum, except that it                  AGENCY:    Department of State.                        comments were received. Twelve of the
                                              may not be used to color chocolate for                  ACTION:   Final rule.                                  comments were about the
                                              which standards of identity have been                                                                          Administrative Processing of Request
                                              issued under section 401 of the Federal                 SUMMARY:   This rule finalizes the interim             for CLN fee. The other three comments
                                              Food, Drug, and Cosmetic Act (21 U.S.C.                 final rule published in the Federal                    were about Executive Branch fees or
                                              341), unless added color is authorized                  Register on September 8, 2015.                         U.S. citizenship.
sradovich on DSK3GMQ082PROD with RULES




                                              by such standards.                                      Specifically, the rule implemented                        Many of the comments suggested that
                                                 We gave interested persons until                     changes to the Schedule of Fees for                    the fee for Administrative Processing of
                                              December 7, 2017, to file objections or                 Consular Services (‘‘Schedule’’) for                   Request for CLN creates a barrier to
                                              requests for a hearing. We explained                    certain passport and citizenship services              expatriation. Most asserted that the fee
                                              that to file an objection, among other                  fees. This rulemaking addresses public                 is excessive and that many individuals
                                              things, persons must specify with                       comments and adopts as final the                       will be unable to pay it. However, one
                                              particularity the provision(s) to which                 changes to these fees.                                 comment expressed support for


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Document Created: 2018-01-31 00:57:58
Document Modified: 2018-01-31 00:57:58
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 November 7, 2017 (82 FR 51554) confirmed: December 8, 2017.
ContactJudith Kidwell, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1071.
FR Citation83 FR 4423 
CFR AssociatedColor Additives; Cosmetics; Drugs; Foods and Medical Devices

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