83_FR_8995 83 FR 8953 - The Declaration of Added Sugars on Honey, Maple Syrup, and Certain Cranberry Products; Draft Guidance for Industry; Availability

83 FR 8953 - The Declaration of Added Sugars on Honey, Maple Syrup, and Certain Cranberry Products; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range8953-8955
FR Document2018-04281

The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance for industry entitled ``The Declaration of Added Sugars on Honey, Maple Syrup, and Certain Cranberry Products: Guidance for Industry.'' The draft guidance, when finalized, will advise food manufacturers of our intent to exercise enforcement discretion related to the use in the Nutrition Facts label of a symbol ``[dagger]'' immediately after the added sugars percent Daily Value information on certain foods. The symbol would lead the reader to truthful and non-misleading statements outside the Nutrition Facts label to provide additional information regarding the added sugars present in particular foods.

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Proposed Rules]
[Pages 8953-8955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04281]


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

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2018-D-0075]


The Declaration of Added Sugars on Honey, Maple Syrup, and 
Certain Cranberry Products; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the 
availability of a draft guidance for industry entitled ``The 
Declaration of Added Sugars on Honey, Maple Syrup, and Certain 
Cranberry Products: Guidance for Industry.'' The draft guidance, when 
finalized, will advise food manufacturers of our intent to exercise 
enforcement discretion related to the use in the Nutrition Facts label 
of a symbol ``[dagger]'' immediately after the added sugars percent 
Daily Value information on certain foods. The symbol would lead the 
reader to truthful and non-misleading statements outside the Nutrition 
Facts label to provide additional information regarding the added 
sugars present in particular foods.

DATES: Submit either electronic or written comments by May 1, 2018 to 
ensure that we consider your comment before we take further action.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

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.

[[Page 8954]]

     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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2018-D-0075 for ``The Declaration of Added Sugars on Honey, Maple 
Syrup, and Certain Cranberry Products: Guidance for Industry.'' 
Received comments will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 Dockets Management Staff. 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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Office of Nutrition and Food Labeling, Nutrition Programs Staff, 
Center for Food Safety and Applied Nutrition, Food and Drug 
Administration, 5001 Campus Dr., College Park, MD 20740. Send two self-
addressed adhesive labels to assist that office in processing your 
request. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Claudine Kavanaugh, Office of Foods 
and Veterinary Medicine, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 240-402-1450.

SUPPLEMENTARY INFORMATION: 

I. Background

    We are announcing the availability of a draft guidance for industry 
entitled ``The Declaration of Added Sugars on Honey, Maple Syrup and 
Certain Cranberry Products: Guidance for Industry.'' We are issuing the 
draft guidance consistent with FDA's good guidance practices regulation 
(21 CFR 10.115). The draft guidance, when finalized, will represent the 
current thinking of FDA on this topic. It does not establish any rights 
for any person and is not binding on FDA or the public. You can use an 
alternate approach if it satisfies the requirements of the applicable 
statutes and regulations. This guidance is not subject to Executive 
Order 12866.
    The draft guidance is intended to advise food manufacturers of our 
intent to exercise enforcement discretion related to the use in the 
Nutrition Facts label of a symbol ``[dagger]'' immediately after the 
added sugars percent Daily Value information on certain foods. The 
symbol would lead the reader to truthful and non-misleading statements 
outside the Nutrition Facts label to provide additional information 
regarding the added sugars present in particular foods. The draft 
guidance would explain that we intend to consider exercising our 
enforcement discretion for the use of this symbol on single ingredient 
packages and/or containers of pure honey or pure maple syrup, and 
certain dried cranberry and cranberry juice products that are sweetened 
with added sugars, and that contain total sugars at levels no greater 
than comparable products with endogenous (inherent) sugars, but no 
added sugars.

II. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at either https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA website listed in the previous 
sentence to find the most current version of the guidance.

III. Other Issues for Consideration

    We invite interested persons to comment on topics related to the 
draft guidance. However, we are particularly interested in responses to 
the following questions:
    1. The draft guidance is intended to advise food manufacturers of 
our intent to exercise enforcement discretion related to the use in the 
Nutrition Facts label of a symbol ``[dagger]'' immediately after the 
added sugars percent Daily Value information on certain foods. Should 
we use a different symbol? If so, what symbol should we use and what is 
the rationale for using an alternative? Also, should the placement or 
location of the symbol be elsewhere on the Nutrition Facts label? For 
example, should the symbol appear after ``Includes X g Added Sugars'' 
instead? Please explain where the symbol should appear and your reasons 
for placing the symbol elsewhere on the label.
    2. We are considering giving an additional year to come into 
compliance with the changes required by the final rule for the labeling 
of packages or containers of pure honey and maple syrup, and for the 
dried cranberry and cranberry juice products described in this draft 
guidance. Consumers will likely become more acclimated and educated on 
having an added sugars declaration on the Nutrition Facts label during 
this time period, based in part on other products in the marketplace 
bearing the new Nutrition Facts label. Should FDA consider this period 
of enforcement discretion given that, in the Federal Register of 
October 2, 2017 (82 FR 45753), FDA has proposed to extend the Nutrition 
Facts label compliance date from July 26, 2018, to January 1, 2020, for 
manufacturers with $10 million or more in annual food sales and from 
July 26, 2019, to January 1,

[[Page 8955]]

2021, for manufacturers with less than $10 million in annual food 
sales? Please explain your reasoning.

    Dated: February 27, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-04281 Filed 3-1-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Proposed Rules                                               8953

                                                 (b) Affected ADs                                        of the local flight standards district office/        DEPARTMENT OF HEALTH AND
                                                    None.                                                certificate holding district office.                  HUMAN SERVICES
                                                                                                            (3) An AMOC that provides an acceptable
                                                 (c) Applicability                                       level of safety may be used for any repair,           Food and Drug Administration
                                                   This AD applies to The Boeing Company                 modification, or alteration required by this
                                                 Model 757–200, –200PF, –200CB, and –300                 AD if it is approved by the Boeing                    21 CFR Part 101
                                                 series airplanes, certificated in any category,         Commercial Airplanes Organization
                                                 as identified in Boeing Alert Service Bulletin          Designation Authorization (ODA) that has              [Docket No. FDA–2018–D–0075]
                                                 757–53A0104, dated November 6, 2017.                    been authorized by the Manager, Los Angeles
                                                                                                                                                               The Declaration of Added Sugars on
                                                 (d) Subject                                             ACO Branch, to make those findings. To be
                                                                                                                                                               Honey, Maple Syrup, and Certain
                                                  Air Transport Association (ATA) of                     approved, the repair method, modification
                                                                                                                                                               Cranberry Products; Draft Guidance
                                                 America Code 53, Fuselage.                              deviation, or alteration deviation must meet
                                                                                                                                                               for Industry; Availability
                                                                                                         the certification basis of the airplane, and the
                                                 (e) Unsafe Condition                                    approval must specifically refer to this AD.          AGENCY:    Food and Drug Administration,
                                                    This AD was prompted by an evaluation by                (4) Except as required by paragraph (h)(2)         HHS.
                                                 the design approval holder indicating that              of this AD: For service information that
                                                 the longitudinal lap splices of the fuselage                                                                  ACTION:   Notification of availability.
                                                                                                         contains steps that are labeled as RC, the
                                                 skin are subject to widespread fatigue                  provisions of paragraphs (i)(4)(i) and (i)(4)(ii)     SUMMARY:    The Food and Drug
                                                 damage. We are issuing this AD to address               of this AD apply.
                                                 fatigue cracking of the longitudinal lap                                                                      Administration (FDA or we) is
                                                                                                            (i) The steps labeled as RC, including             announcing the availability of a draft
                                                 splices of the fuselage skin, which could
                                                 result in reduced structural integrity of the           substeps under an RC step and any figures             guidance for industry entitled ‘‘The
                                                 airplane.                                               identified in an RC step, must be done to             Declaration of Added Sugars on Honey,
                                                                                                         comply with the AD. If a step or substep is           Maple Syrup, and Certain Cranberry
                                                 (f) Compliance                                          labeled ‘‘RC Exempt,’’ then the RC                    Products: Guidance for Industry.’’ The
                                                    Comply with this AD within the                       requirement is removed from that step or              draft guidance, when finalized, will
                                                 compliance times specified, unless already              substep. An AMOC is required for any                  advise food manufacturers of our intent
                                                 done.                                                   deviations to RC steps, including substeps            to exercise enforcement discretion
                                                 (g) Required Actions                                    and identified figures.                               related to the use in the Nutrition Facts
                                                                                                            (ii) Steps not labeled as RC may be                label of a symbol ‘‘†’’ immediately after
                                                    Except as required by paragraph (h) of this
                                                 AD: At the applicable times specified in                deviated from using accepted methods in               the added sugars percent Daily Value
                                                 paragraph 1.E., ‘‘Compliance,’’ of Boeing               accordance with the operator’s maintenance
                                                                                                                                                               information on certain foods. The
                                                 Alert Service Bulletin 757–53A0104, dated               or inspection program without obtaining
                                                                                                                                                               symbol would lead the reader to truthful
                                                 November 6, 2017, do all applicable actions             approval of an AMOC, provided the RC steps,
                                                                                                                                                               and non-misleading statements outside
                                                 identified as ‘‘RC’’ (required for compliance)          including substeps and identified figures, can
                                                                                                                                                               the Nutrition Facts label to provide
                                                 in, and in accordance with, the                         still be done as specified, and the airplane
                                                 Accomplishment Instructions of Boeing Alert                                                                   additional information regarding the
                                                                                                         can be put back in an airworthy condition.
                                                 Service Bulletin 757–53A0104, dated                                                                           added sugars present in particular
                                                 November 6, 2017.                                       (j) Related Information                               foods.
                                                 (h) Exceptions to Service Information                      (1) For more information about this AD,            DATES: Submit either electronic or
                                                 Specifications                                          contact David Truong, Aerospace Engineer,             written comments by May 1, 2018 to
                                                                                                         Airframe Section, Los Angeles ACO Branch,             ensure that we consider your comment
                                                    (1) For purposes of determining
                                                 compliance with the requirements of this AD,            FAA, 3960 Paramount Boulevard, Lakewood,              before we take further action.
                                                 where Boeing Alert Service Bulletin 757–                CA 90712–4137; phone: 562–627–5224; fax:
                                                                                                                                                               ADDRESSES: You may submit comments
                                                 53A0104, dated November 6, 2017, uses the               562–627–5210; email: david.truong@faa.gov.
                                                                                                                                                               on any guidance at any time as follows:
                                                 phrase ‘‘the original issue date of this service           (2) For service information identified in
                                                 bulletin,’’ this AD requires using ‘‘the                this AD, contact Boeing Commercial                    Electronic Submissions
                                                 effective date of this AD.’’                            Airplanes, Attention: Contractual & Data
                                                                                                                                                                 Submit electronic comments in the
                                                    (2) Where Boeing Alert Service Bulletin              Services (C&DS), 2600 Westminster Blvd.,
                                                 757–53A0104, dated November 6, 2017,                                                                          following way:
                                                                                                         MC 110–SK57, Seal Beach, CA 90740–5600;
                                                 specifies contacting Boeing, and specifies                                                                      • Federal eRulemaking Portal:
                                                                                                         telephone 562–797–1717; internet https://
                                                 that action as RC: This AD requires using a                                                                   https://www.regulations.gov. Follow the
                                                                                                         www.myboeingfleet.com. You may view this
                                                 method approved in accordance with the                                                                        instructions for submitting comments.
                                                                                                         referenced service information at the FAA,
                                                 procedures specified in paragraph (i) of this                                                                 Comments submitted electronically,
                                                                                                         Transport Standards Branch, 2200 South
                                                 AD.                                                                                                           including attachments, to https://
                                                                                                         216th St., Des Moines, WA. For information
                                                 (i) Alternative Methods of Compliance                   on the availability of this material at the
                                                                                                                                                               www.regulations.gov will be posted to
                                                 (AMOCs)                                                 FAA, call 206–231–3195.
                                                                                                                                                               the docket unchanged. Because your
                                                    (1) The Manager, Los Angeles ACO Branch,                                                                   comment will be made public, you are
                                                                                                           Issued in Renton, Washington, on February           solely responsible for ensuring that your
                                                 FAA, has the authority to approve AMOCs
                                                                                                         22, 2018.                                             comment does not include any
                                                 for this AD, if requested using the procedures
                                                 found in 14 CFR 39.19. In accordance with               Michael Kaszycki,                                     confidential information that you or a
                                                 14 CFR 39.19, send your request to your                 Acting Director, System Oversight Division,           third party may not wish to be posted,
                                                 principal inspector or local Flight Standards           Aircraft Certification Service.                       such as medical information, your or
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 District Office, as appropriate. If sending             [FR Doc. 2018–04229 Filed 3–1–18; 8:45 am]            anyone else’s Social Security number, or
                                                 information directly to the manager of the                                                                    confidential business information, such
                                                 certification office, send it to the attention of       BILLING CODE 4910–13–P
                                                                                                                                                               as a manufacturing process. Please note
                                                 the person identified in paragraph (j)(1) of
                                                 this AD. Information may be emailed to: 9-                                                                    that if you include your name, contact
                                                 ANM-LAACO-AMOC-Requests@faa.gov.                                                                              information, or other information that
                                                    (2) Before using any approved AMOC,                                                                        identifies you in the body of your
                                                 notify your appropriate principal inspector,                                                                  comments, that information will be
                                                 or lacking a principal inspector, the manager                                                                 posted on https://www.regulations.gov.


                                            VerDate Sep<11>2014   17:47 Mar 01, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\02MRP1.SGM   02MRP1


                                                 8954                      Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Proposed Rules

                                                   • If you want to submit a comment                     the information at: https://www.gpo.gov/              foods. The draft guidance would explain
                                                 with confidential information that you                  fdsys/pkg/FR-2015-09-18/pdf/2015-                     that we intend to consider exercising
                                                 do not wish to be made available to the                 23389.pdf.                                            our enforcement discretion for the use
                                                 public, submit the comment as a                            Docket: For access to the docket to                of this symbol on single ingredient
                                                 written/paper submission and in the                     read background documents or the                      packages and/or containers of pure
                                                 manner detailed (see ‘‘Written/Paper                    electronic and written/paper comments                 honey or pure maple syrup, and certain
                                                 Submissions’’ and ‘‘Instructions’’).                    received, go to https://                              dried cranberry and cranberry juice
                                                                                                         www.regulations.gov and insert the                    products that are sweetened with added
                                                 Written/Paper Submissions
                                                                                                         docket number, found in brackets in the               sugars, and that contain total sugars at
                                                    Submit written/paper submissions as                  heading of this document, into the                    levels no greater than comparable
                                                 follows:                                                ‘‘Search’’ box and follow the prompts                 products with endogenous (inherent)
                                                    • Mail/Hand delivery/Courier (for                    and/or go to the Dockets Management                   sugars, but no added sugars.
                                                 written/paper submissions): Dockets                     Staff, 5630 Fishers Lane, Rm. 1061,
                                                 Management Staff (HFA–305), Food and                                                                          II. Electronic Access
                                                                                                         Rockville, MD 20852.
                                                 Drug Administration, 5630 Fishers                          You may submit comments on any                        Persons with access to the internet
                                                 Lane, Rm. 1061, Rockville, MD 20852.                    guidance at any time (see 21 CFR                      may obtain the draft guidance at either
                                                    • For written/paper comments                         10.115(g)(5)).                                        https://www.fda.gov/FoodGuidances or
                                                 submitted to the Dockets Management                        Submit written requests for single                 https://www.regulations.gov. Use the
                                                 Staff, FDA will post your comment, as                   copies of the draft guidance to the Office            FDA website listed in the previous
                                                 well as any attachments, except for                     of Nutrition and Food Labeling,                       sentence to find the most current
                                                 information submitted, marked and                       Nutrition Programs Staff, Center for                  version of the guidance.
                                                 identified, as confidential, if submitted
                                                                                                         Food Safety and Applied Nutrition,                    III. Other Issues for Consideration
                                                 as detailed in ‘‘Instructions.’’
                                                                                                         Food and Drug Administration, 5001
                                                    Instructions: All submissions received                                                                        We invite interested persons to
                                                 must include the Docket No. FDA–                        Campus Dr., College Park, MD 20740.
                                                                                                                                                               comment on topics related to the draft
                                                 2018–D–0075 for ‘‘The Declaration of                    Send two self-addressed adhesive labels
                                                                                                                                                               guidance. However, we are particularly
                                                 Added Sugars on Honey, Maple Syrup,                     to assist that office in processing your
                                                                                                                                                               interested in responses to the following
                                                 and Certain Cranberry Products:                         request. See the SUPPLEMENTARY
                                                                                                                                                               questions:
                                                                                                         INFORMATION section for electronic                       1. The draft guidance is intended to
                                                 Guidance for Industry.’’ Received
                                                 comments will be placed in the docket                   access to the draft guidance.                         advise food manufacturers of our intent
                                                 and, except for those submitted as                      FOR FURTHER INFORMATION CONTACT:                      to exercise enforcement discretion
                                                 ‘‘Confidential Submissions,’’ publicly                  Claudine Kavanaugh, Office of Foods                   related to the use in the Nutrition Facts
                                                 viewable at https://www.regulations.gov                 and Veterinary Medicine, Food and                     label of a symbol ‘‘†’’ immediately after
                                                 or at the Dockets Management Staff                      Drug Administration, 10903 New                        the added sugars percent Daily Value
                                                 between 9 a.m. and 4 p.m., Monday                       Hampshire Ave., Silver Spring, MD                     information on certain foods. Should we
                                                 through Friday.                                         20993–0002, 240–402–1450.                             use a different symbol? If so, what
                                                    • Confidential Submissions—To                        SUPPLEMENTARY INFORMATION:                            symbol should we use and what is the
                                                 submit a comment with confidential                                                                            rationale for using an alternative? Also,
                                                 information that you do not wish to be                  I. Background
                                                                                                                                                               should the placement or location of the
                                                 made publicly available, submit your                       We are announcing the availability of              symbol be elsewhere on the Nutrition
                                                 comments only as a written/paper                        a draft guidance for industry entitled                Facts label? For example, should the
                                                 submission. You should submit two                       ‘‘The Declaration of Added Sugars on                  symbol appear after ‘‘Includes X g
                                                 copies total. One copy will include the                 Honey, Maple Syrup and Certain                        Added Sugars’’ instead? Please explain
                                                 information you claim to be confidential                Cranberry Products: Guidance for                      where the symbol should appear and
                                                 with a heading or cover note that states                Industry.’’ We are issuing the draft                  your reasons for placing the symbol
                                                 ‘‘THIS DOCUMENT CONTAINS                                guidance consistent with FDA’s good                   elsewhere on the label.
                                                 CONFIDENTIAL INFORMATION.’’ We                          guidance practices regulation (21 CFR                    2. We are considering giving an
                                                 will review this copy, including the                    10.115). The draft guidance, when                     additional year to come into compliance
                                                 claimed confidential information, in our                finalized, will represent the current                 with the changes required by the final
                                                 consideration of comments. The second                   thinking of FDA on this topic. It does                rule for the labeling of packages or
                                                 copy, which will have the claimed                       not establish any rights for any person               containers of pure honey and maple
                                                 confidential information redacted/                      and is not binding on FDA or the public.              syrup, and for the dried cranberry and
                                                 blacked out, will be available for public               You can use an alternate approach if it               cranberry juice products described in
                                                 viewing and posted on https://                          satisfies the requirements of the                     this draft guidance. Consumers will
                                                 www.regulations.gov. Submit both                        applicable statutes and regulations. This             likely become more acclimated and
                                                 copies to the Dockets Management Staff.                 guidance is not subject to Executive                  educated on having an added sugars
                                                 If you do not wish your name and                        Order 12866.                                          declaration on the Nutrition Facts label
                                                 contact information to be made publicly                    The draft guidance is intended to                  during this time period, based in part on
                                                 available, you can provide this                         advise food manufacturers of our intent               other products in the marketplace
                                                 information on the cover sheet and not                  to exercise enforcement discretion                    bearing the new Nutrition Facts label.
                                                 in the body of your comments and you                    related to the use in the Nutrition Facts             Should FDA consider this period of
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 must identify this information as                       label of a symbol ‘‘†’’ immediately after             enforcement discretion given that, in the
                                                 ‘‘confidential.’’ Any information marked                the added sugars percent Daily Value                  Federal Register of October 2, 2017 (82
                                                 as ‘‘confidential’’ will not be disclosed               information on certain foods. The                     FR 45753), FDA has proposed to extend
                                                 except in accordance with 21 CFR 10.20                  symbol would lead the reader to truthful              the Nutrition Facts label compliance
                                                 and other applicable disclosure law. For                and non-misleading statements outside                 date from July 26, 2018, to January 1,
                                                 more information about FDA’s posting                    the Nutrition Facts label to provide                  2020, for manufacturers with $10
                                                 of comments to public dockets, see 80                   additional information regarding the                  million or more in annual food sales
                                                 FR 56469, September 18, 2015, or access                 added sugars present in particular                    and from July 26, 2019, to January 1,


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                                                                           Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Proposed Rules                                              8955

                                                 2021, for manufacturers with less than                  DHS Department of Homeland Security                   and when so directed by that officer
                                                 $10 million in annual food sales? Please                FR Federal Register                                   would be operated at a minimum safe
                                                 explain your reasoning.                                 NPRM Notice of Proposed Rulemaking                    navigation speed in a manner which
                                                                                                         PATCOM Patrol Commander                               will not endanger participants in the
                                                   Dated: February 27, 2018.                             § Section
                                                 Leslie Kux,                                             U.S.C. United States Code
                                                                                                                                                               regulated area or any other vessels. No
                                                                                                                                                               spectator vessel shall anchor, block,
                                                 Associate Commissioner for Policy.
                                                                                                         II. Background, Purpose, and Legal                    loiter, or impede the through transit of
                                                 [FR Doc. 2018–04281 Filed 3–1–18; 8:45 am]              Basis                                                 participants or official patrol vessels in
                                                 BILLING CODE 4164–01–P
                                                                                                           On November 31, 2017, the marine                    the regulated area during the effective
                                                                                                         event sponsor for the annual USA                      dates and times, unless cleared for entry
                                                                                                         Triathlon Collegiate National                         by or through an official patrol vessel.
                                                 DEPARTMENT OF HOMELAND                                                                                        Any spectator vessel may anchor
                                                                                                         Championships marine event submitted
                                                 SECURITY                                                                                                      outside the regulated area, but may not
                                                                                                         an application for a marine event
                                                                                                         permit. The Captain of the Port Sector                anchor in, block, or loiter in a navigable
                                                 Coast Guard                                                                                                   channel. Spectator vessels may be
                                                                                                         Mobile (COTP) has determined a special
                                                                                                                                                               moored to a waterfront facility within
                                                 33 CFR Part 100                                         local regulation is needed to protect the
                                                                                                                                                               the regulated area in such a way that
                                                                                                         persons participating in and viewing the
                                                 [Docket Number USCG–2018–0014]                                                                                they shall not interfere with the progress
                                                                                                         USA Triathlon Collegiate National
                                                                                                                                                               of the event. Such mooring must be
                                                 RIN 1625–AA08                                           Championships marine event.
                                                                                                                                                               complete at least 30 minutes prior to the
                                                                                                           The purpose of this proposed
                                                 Special Local Regulation; Black                                                                               establishment of the regulated area and
                                                                                                         rulemaking is to restrict transit into,
                                                 Warrior River, Tuscaloosa, AL                                                                                 remain moored through the duration of
                                                                                                         through and within the regulated area
                                                                                                                                                               the event.
                                                                                                         on the Black Warrior River extending
                                                 AGENCY:   Coast Guard, DHS.                                                                                     The COTP or a designated
                                                                                                         the entire width of the river from mile
                                                 ACTION:   Notice of proposed rulemaking.                                                                      representative may forbid and control
                                                                                                         marker 338.5 to mile marker 339.5 in
                                                                                                                                                               the movement of all vessels in the
                                                 SUMMARY:   The Coast Guard proposes to                  Tuscaloosa, AL during the USA
                                                                                                                                                               regulated area. When hailed or signaled
                                                 establish a temporary special local                     Triathlon Collegiate National
                                                                                                                                                               by an official patrol vessel, a vessel shall
                                                 regulation on the Black Warrior River                   Championships. The Coast Guard
                                                                                                                                                               come to an immediate stop and comply
                                                 extending the entire width of the river                 proposes this rulemaking under
                                                                                                                                                               with the directions given. Failure to do
                                                 from mile marker 338.5 to mile marker                   authority in 33 U.S.C. 1233.
                                                                                                                                                               so may result in expulsion from the
                                                 339.5 in Tuscaloosa, AL. The proposed                   III. Discussion of Proposed Rule                      area, citation for failure to comply, or
                                                 rulemaking is needed to protect the                                                                           both.
                                                 persons participating in the USA                           The Coast Guard proposes to establish
                                                                                                                                                                 The COTP or a designated
                                                 Triathlon Collegiate National                           a temporary special local regulation on
                                                                                                                                                               representative may terminate the event
                                                 Championships marine event. This                        the Black Warrior River extending the
                                                                                                                                                               or the operation of any vessel at any
                                                 proposed rulemaking restricts transit                   entire width of the river from mile
                                                                                                                                                               time it is deemed necessary for the
                                                 into, through and within the regulated                  marker 338.5 to mile marker 339.5 in
                                                                                                                                                               protection of life or property. The COTP
                                                 area unless specifically authorized by                  Tuscaloosa, AL. The proposed
                                                                                                                                                               or a designated representative would
                                                 the Captain of the Port Sector Mobile                   rulemaking is needed to needed to
                                                                                                                                                               terminate enforcement of the special
                                                 (COTP) or a designated representative.                  protect the persons participating in the
                                                                                                                                                               local regulations at the conclusion of the
                                                 We invite your comments on this                         USA Triathlon Collegiate National
                                                                                                                                                               event.
                                                 proposed rulemaking.                                    Championships marine event. This                        The regulatory text we are proposing
                                                                                                         proposed rulemaking restricts transit                 appears at the end of this document.
                                                 DATES: Comments and related material
                                                                                                         into, through and within the regulated
                                                 must be received by the Coast Guard on                  area unless specifically authorized by                IV. Regulatory Analyses
                                                 or before April 2, 2018.                                the COTP. No vessel or person would be                  We developed this proposed rule after
                                                 ADDRESSES: You may submit comments                      permitted to enter the regulated area                 considering numerous statutes and
                                                 identified by docket number USCG–                       without obtaining permission from the                 Executive orders related to rulemaking.
                                                 2018–0014 using the Federal                             COTP or a designated representative. A                Below we summarize our analyses
                                                 eRulemaking Portal at http://                           designated representative may be a                    based on a number of these statutes and
                                                 www.regulations.gov. See the ‘‘Public                   Patrol Commander (PATCOM). The                        Executive orders and we discuss First
                                                 Participation and Request for                           PATCOM would be aboard either a                       Amendment rights of protestors.
                                                 Comments’’ portion of the                               Coast Guard or Coast Guard Auxiliary
                                                 SUPPLEMENTARY INFORMATION section for                   vessel. The Patrol Commander may be                   A. Regulatory Planning and Review
                                                 further instructions on submitting                      contacted on Channel 16 VHF–FM                           Executive Orders 12866 and 13563
                                                 comments.                                               (156.8 MHz) by the call sign                          direct agencies to assess the costs and
                                                 FOR FURTHER INFORMATION CONTACT:   If                   ‘‘PATCOM’’. All persons and vessels not               benefits of available regulatory
                                                 you have questions about this proposed                  registered with the sponsor as                        alternatives and, if regulation is
                                                 rulemaking, call or email LT Kyle D.                    participants or official patrol vessels are           necessary, to select regulatory
                                                 Berry, Sector Mobile, Waterways                         considered spectators. The ‘‘official                 approaches that maximize net benefits.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Management Division, U.S. Coast                         patrol vessels’’ consist of any Coast                 Executive Order 13771 directs agencies
                                                 Guard; telephone 251–441–5940, email                    Guard, state, or local law enforcement                to control regulatory costs through a
                                                 kyle.d.berry@uscg.mil.                                  and sponsor provided vessels assigned                 budgeting process. This NPRM has not
                                                 SUPPLEMENTARY INFORMATION:                              or approved by the COTP to patrol the                 been designated a ‘‘significant
                                                                                                         regulated area.                                       regulatory action,’’ under Executive
                                                 I. Table of Abbreviations                                  Spectator vessels desiring to transit              Order 12866. Accordingly, the NPRM
                                                 CFR Code of Federal Regulations                         the regulated area may do so only with                has not been reviewed by the Office of
                                                 COTP Captain of the Port Sector Mobile                  prior approval of the Patrol Commander                Management and Budget (OMB), and


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Document Created: 2018-03-01 23:56:39
Document Modified: 2018-03-01 23:56:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of availability.
DatesSubmit either electronic or written comments by May 1, 2018 to ensure that we consider your comment before we take further action.
ContactClaudine Kavanaugh, Office of Foods and Veterinary Medicine, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 240-402-1450.
FR Citation83 FR 8953 

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