Listing of Color Additives Subject to Certification; D&C Black No. 4, 26356-26359 [2018-12218]
Download as PDF
26356
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
Dated: June 1, 2018.
Pamela M. Bush,
Commission Secretary.
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
objection, that information will be
posted on https://www.regulations.gov.
• If you want to submit an objection
with confidential information that you
do not wish to be made available to the
public, submit the objection as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
[FR Doc. 2018–12258 Filed 6–6–18; 8:45 am]
BILLING CODE 6360–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 74
[Docket No. FDA–2017–C–0935]
Listing of Color Additives Subject to
Certification; D&C Black No. 4
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA or we) is
amending the color additive regulations
to provide for the safe use of D&C Black
No. 4 for coloring ultra-high molecular
weight polyethylene (UHMWPE) nonabsorbable sutures for use in general
surgery. This action is in response to a
color additive petition (CAP) submitted
by DSM Biomedical.
DATES: This rule is effective July 10,
2018. See section VIII for further
information on the filing of objections.
Submit either electronic or written
objections and requests for a hearing on
the final rule by July 9, 2018.
ADDRESSES: You may submit objections
and requests for a hearing as follows.
Please note that late, untimely filed
objections will not be considered.
Electronic objections must be submitted
on or before July 9, 2018. The https://
www.regulations.gov electronic filing
system will accept comments until
midnight Eastern Time at the end of July
9, 2018. Objections received by mail/
hand delivery/courier (for written/paper
submissions) will be considered timely
if they are postmarked or the delivery
service acceptance receipt is on or
before that date.
SUMMARY:
sradovich on DSK3GMQ082PROD with RULES
Electronic Submissions
Submit electronic objections in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Objections submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
objection will be made public, you are
solely responsible for ensuring that your
objection does not include any
confidential information that you or a
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
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 objections
submitted to the Dockets Management
Staff, FDA will post your objection, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–C–0935 for ‘‘Listing of Color
Additives Subject to Certification; D&C
Black No. 4.’’ Received objections, those
filed in a timely manner (see
ADDRESSES), 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 an objection with confidential
information that you do not wish to be
made publicly available, submit your
objections 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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.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.
FOR FURTHER INFORMATION CONTACT:
Joseph M. Thomas, Center for Food
Safety and Applied Nutrition (HFS–
265), Food and Drug Administration,
5001 Campus Dr., College Park, MD
20740–3835, 301–796–9465.
SUPPLEMENTARY INFORMATION:
I. Introduction
In the Federal Register on March 6,
2017 (82 FR 12531), we announced that
we filed a color additive petition (CAP
7C0310) submitted by DSM Biomedical
(petitioner), 735 Pennsylvania Dr.,
Exton, PA 19341. The petition proposed
to amend the color additive regulations
in part 73 (21 CFR part 73), Listing of
Color Additives Exempt from
Certification, to provide for the safe use
of high-purity carbon black for coloring
UHMWPE non-absorbable sutures for
use in general surgery.1 After the
petition was filed and during our
review, we determined that the color
additive will require batch certification
by FDA. We intend to give each certified
batch of the subject color additive the
name D&C Black No. 4. Therefore, this
color additive will be identified as D&C
Black No. 4 and will be listed in part 74
(21 CFR part 74), Listing of Color
Additives Subject to Certification.
II. Identity and Specifications
D&C Black No. 4 is a high-purity
carbon black prepared by the oil furnace
process. It is manufactured by injecting
1 The original petition did not specify that the
color additive is to be used in sutures that are nonabsorbable. Therefore, our March 6, 2017, notice of
filing did not specify that the color additive is
intended for use in non-absorbable sutures.
However, petitioner’s subsequent submissions to
FDA indicated that the intended use of the additive
is for sutures that are non-absorbable.
E:\FR\FM\07JNR1.SGM
07JNR1
sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
a heated aromatic petroleum feedstock
into the combustion zone of a natural
gas-fired furnace to produce carbon
black. The reaction is quenched with
water and the carbon particles are
further cooled and separated by a filter.
The recovered high-purity carbon black
is dried and pelletized to produce the
final D&C Black No. 4 commercial
product, consisting of aggregated
particles with a surface area ranging
from 50 to 260 meters squared per gram
(m2/g). D&C Black No. 4 is mechanically
mixed at a maximum level of 1 percent
by weight with the UHMWPE suture
raw materials to form a homogenous
suspension, absent of chemical reaction
between components, and extruded to
form black colored sutures.
As explained in section III, the color
additive D&C Black No. 4 may contain
low levels of potentially carcinogenic
polycyclic aromatic hydrocarbon (PAH)
contaminants. To limit the amounts of
these contaminants in the color
additive, FDA is setting specifications
for total PAHs, as well as for the
individual PAH species benzo[a]pyrene
(B[a]P) and dibenz[a,h]anthracene.
These specifications are consistent with
specifications for other high-purity
carbon blacks approved by FDA,
including the color additive D&C Black
No. 2 (§ 74.2052 (21 CFR 74.2052)),
which is approved for use in certain
cosmetics, including cosmetics for use
in the area of the eye (i.e., eyeliner,
brush-on-brow, eye shadow, mascara),
and high-purity furnace black, which is
approved for use in food-contact
polymers (§ 178.3297 (21 CFR
178.3297)). These specifications are also
supported by the safety information
reviewed as a part of this petition (see
section III). In addition, to ensure
compliance with these specifications,
FDA is requiring that D&C Black No. 4
for use in UHMWPE non-absorbable
sutures be from a batch of the color
additive certified by FDA.
The identity for D&C Black No. 4 is
the same as D&C Black No. 2, except for
the surface area. For D&C Black No. 2,
we set specifications for arsenic, lead,
and mercury, total color (as carbon),
total sulfur, ash content, surface area,
and weight loss on heating, in addition
to the specifications for total PAHs,
benzo[a]pyrene (B[a]P), and
dibenz[a,h]anthracene. We are setting
the same specifications that were
established for D&C Black No. 2 for D&C
Black No. 4 for these parameters with
the exception of surface area
specification, which is broader for D&C
Black No. 4.
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
III. Safety Evaluation
A. Determination of Safety
Under section 721(b)(4) of the Federal
Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 379e(b)(4)), a color
additive cannot be listed for a particular
use unless a fair evaluation of the data
and information available to FDA
establish that the color additive is safe
under the intended conditions of use.
Furthermore, under 21 CFR 70.5(c), a
color additive intended for use in a
surgical suture must have a listing
specifically providing for this use.
FDA’s color additive regulations in 21
CFR 70.3(i) define ‘‘safe’’ to mean that
there is convincing evidence that
establishes with reasonable certainty
that no harm will result from the
intended use of the color additive.
Section 721(b)(5)(B)(ii) of the FD&C
Act provides that for any use of a color
additive that will not result in ingestion
of any part of such additive, the color
additive shall be deemed to be unsafe
and shall not be listed if, after tests that
are appropriate for the evaluation of the
safety of additives for such use, or after
other relevant exposure of man or
animal to such additive, it is found to
induce cancer in man or animal.
Importantly, however, section
721(b)(5)(B) of the FD&C Act applies to
the additive itself and not to impurities
in the additive. That is, where an
additive itself has not been shown to
cause cancer, but contains a
carcinogenic impurity, the additive is
properly evaluated under the general
safety standard using risk assessment
procedures to determine whether there
is a reasonable certainty that no harm
will result from the intended use of the
additive (Scott v. FDA, 728 F.2d 322
(6th Cir. 1984)).
B. Safety of the Petitioned Use of D&C
Black No. 4
In evaluating the safety of a color
additive, FDA customarily reviews the
available data on each relevant chemical
impurity to determine whether the
chemical induces tumors in animals or
humans. If FDA concludes that the
chemical impurity causes cancer in
animals or humans, the Agency
calculates the unit cancer risk for the
chemical and the upper bound limit of
lifetime human cancer risk from the
chemical’s presence in the additive. To
establish with reasonable certainty that
D&C Black No. 4 intended to color
UHMWPE non-absorbable sutures is not
harmful under the intended conditions
of use, we have considered the exposure
to the color additive and its impurities,
the additive’s toxicological data, and
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
26357
other relevant information (such as
published literature) available to us.
The petitioner incorporated safety
information that was previously
submitted to FDA on behalf of Cabot
Corp. in Food Additive Petition 5B4464
by reference to support the safety of
high-purity furnace black as a colorant
for polymers in food-contact
applications. D&C Black No. 4 is
manufactured in the same manner as the
referenced high-purity furnace black.
The petitioner also submitted data
from an extraction study testing the
migration of D&C Black No. 4 from
UHMWPE sutures and provided data
from two studies demonstrating
biocompatibility of UHMWPE sutures
along with other information. The
petitioner’s data from the extraction
study indicated that D&C Black No. 4,
when added to UHMWPE nonabsorbable sutures at the maximum
level of 1 percent, remains physically
embedded in the suture matrix resulting
in the color additive not being detected
in the extracts at the limit of
quantitation. This study evaluated the
amount of non-volatile residue (NVR)
and any extractables that could migrate
from the suture. The study was
performed with water, hexane, and
ethanol at 50 °C for 24 hours and
demonstrated that D&C Black No. 4 does
not migrate from the suture following
exposure to solvents with varying
polarities and exposure to heat. The
study also yielded NVRs not able to be
analyzed. To estimate potential
exposure from D&C Black No. 4, the
petitioner used data from the extraction
study and the conservative assumption
that all of the NVR that was extracted
and not able to be analyzed was D&C
Black No. 4. The petitioner derived an
estimate for the mass amount of D&C
Black No. 4 expected to migrate over a
lifetime, expressed as the mean daily
exposure, based on its proposed use
level in surgical sutures, and using data
for the maximum NVR extracted and the
surface area of the tested sutures.
While FDA agrees with using the
conservative assumption that all NVR
extracted was D&C Black No. 4, the
petitioner’s exposure estimate
represents the scenario where D&C
Black No. 4 would migrate from the
sutures 1 day post-implantation.
However, since non-absorbable sutures
are intended to be left in the body
indefinitely post-implantation, it is
necessary to average the petitioner’s
exposure estimate over an individual’s
lifetime post-implantation (assumed to
be 70 years) to estimate the lifetime
average exposure to D&C Black No. 4. In
this manner, we estimated the lifetime
average exposure to D&C Black No. 4 to
E:\FR\FM\07JNR1.SGM
07JNR1
sradovich on DSK3GMQ082PROD with RULES
26358
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
be 15.3 nanograms per person per day
(ng/p/d). However, as carbon black is
known to be thermally stable, inert, and
insoluble in water and common
solvents, we agree with the petitioner’s
conclusion that D&C Black No. 4 is
firmly embedded and does not migrate
from the suture matrix, resulting in no
potential exposure to D&C Black No. 4
from sutures that are in contact with the
body (Ref. 1).
As discussed in section II, D&C Black
No. 4 has been shown to contain low
levels of PAH impurities, some of which
are carcinogenic. We have previously
considered the safe use of high-purity
carbon black as a color additive in
cosmetics (D&C Black No. 2; § 74.2052)
and as a colorant in food-contact
polymers (high-purity furnace black;
§ 178.3297) and set limits for PAHs in
these high-purity carbon blacks to
minimize exposure. We are setting
similar limits for PAHs in D&C Black
No. 4 as those established for D&C Black
No. 2: Total PAHs (not more than 0.5
milligrams per kilogram (mg/kg) (500
parts per billion)); B[a]P (not more than
0.005 mg/kg (5 parts per billion)); and
dibenz[a,h]anthracene (not more than
0.005 mg/kg (5 parts per billion)).
There were no detectable PAHs at the
limit of quantitation resulting from the
petitioner’s extraction study. The
petitioner stated that the trace levels of
PAHs in the color additive, as limited
by specifications, are strongly bound to
the surface of D&C Black No. 4 carbon
particles due to the powerful adsorption
capabilities of the color additive. FDA
concurs that any PAH impurities are not
expected to migrate under the proposed
specifications and conditions of use
(Ref. 1). In calculating the lifetime
average exposure to PAHs from the use
of D&C Black No. 4 in sutures, we used
the conservative assumption that total
PAHs, B[a]P, and dibenz[a,h]anthracene
are present in the color additive at their
specification limits. These assumptions,
along with the assumption that all NVR
extracted from the sutures is D&C Black
No. 4, calculated over a 70-year lifespan,
results in a conservative estimated
lifetime average exposure of total PAHs
of 7.7 × 10¥6 ng/p/d, B[a]P of 7.7 × 10¥8
ng/p/d, and dibenz[a,h]anthracene of
7.7 × 10¥8 ng/p/d (Ref. 1).
Current data have shown B[a]P to be
a high contributor to the total
carcinogenic potential for the PAH
family (Ref. 2). To assess the risk from
exposure to PAHs, FDA has used a
worst-case assumption that all PAHs are
present in D&C Black No. 4 as B[a]P. We
used data from a carcinogenesis
bioassay on B[a]P, conducted by H.
Brune, et al., to estimate the upperbound limit of lifetime human risk from
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
exposure to B[a]P equivalents resulting
from the petitioned use of the color
additive (Ref. 3). The authors reported
treatment-related benign forestomach
tumors or esophageal tumors in male
rats exposed to B[a]P. Using a linear-atlow-dose extrapolation method and
tumor incidence data from the H. Brune,
et al. study, we estimated the unit
cancer risk (UCR) for B[a]P to be 1.75
(milligrams per kilogram bodyweight
per day (mg/kg bw/day))¥1 (Ref. 4). The
UCR represents the derived cancer risk
calculated per unit dose of the additive.
This same UCR was used to assess the
risk from exposure to PAHs for D&C
Black No. 2 (69 FR 44927, July 28, 2004)
and high-purity furnace black (Ref. 5).
The lifetime cancer risk (LCR) was
calculated by multiplying the UCR for
B[a]P by the estimated lifetime average
exposures. This results in LCRs of 2.24
× 10¥15 and 2.24 × 10¥13 for B[a]P and
total PAHs, respectively. Because of the
conservative assumptions we used to
calculate the exposure estimate and the
carcinogenic potency of PAHs in the
color additive, and the fact that PAHs
bind tightly to carbon black and are not
expected to migrate, the lifetimeaveraged individual exposure to PAHs
is likely to be substantially less than our
worst-case exposure estimate. Thus, the
probable lifetime human risk would be
less than the estimated LCR. Therefore,
we conclude that there is reasonable
certainty that no harm from exposure to
PAHs will result from the petitioned use
of the additive (Refs. 1 and 3).
IV. Conclusion
Based on the data and information in
the petition and other available relevant
material, FDA concludes that the
petitioned use of D&C Black No. 4 for
coloring UHMWPE non-absorbable
sutures for use in general surgery is safe.
We further conclude that the additive
will achieve its intended technical effect
and is suitable for the petitioned uses.
Based on the available information, we
are amending the color additive
regulations in part 74 as set forth in this
document. In addition, in accordance
with 21 CFR 71.20(b), we conclude that
batch certification of D&C Black No. 4
is necessary for the protection of public
health because of the need to limit the
levels of PAHs, some of which have
been shown to be carcinogenic.
Therefore, part 74 should be amended
as set forth in this document.
V. Public Disclosure
In accordance with § 71.15 (21 CFR
71.15), the petition and the documents
that we considered and relied upon in
reaching our decision to approve the
petition will be made available for
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
public disclosure (see FOR FURTHER
INFORMATION CONTACT). As provided
in
§ 71.15, we will delete from the
documents any materials that are not
available for public disclosure.
VI. Analysis of Environmental Impact
We previously considered the
environmental effects of this rule, as
stated in the notice of petition
published in the Federal Register of
March 6, 2017. We stated that we had
determined, under 21 CFR 25.32(l), that
this action ‘‘is of a type that does not
individually or cumulatively have a
significant effect on the human
environment’’ such that neither an
environmental assessment nor an
environmental impact statement is
required. We have not received any new
information or comments that would
affect our previous determination.
VII. Paperwork Reduction Act of 1995
This final rule contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
VIII. Objections
This rule is effective as shown in the
section, except as to any
provisions that may be stayed by the
filing of proper objections. If you will be
adversely affected by one or more
provisions of this regulation, you may
file with the Dockets Management Staff
(see ADDRESSES) either electronic or
written objections. You must separately
number each objection, and within each
numbered objection you must specify
with particularity the provision(s) to
which you object, and the grounds for
your objection. Within each numbered
objection, you must specifically state
whether you are requesting a hearing on
the particular provision that you specify
in that numbered objection. If you do
not request a hearing for any particular
objection, you waive the right to a
hearing on that objection. If you request
a hearing, your objection must include
a detailed description and analysis of
the specific factual information you
intend to present in support of the
objection in the event that a hearing is
held. If you do not include such a
description and analysis for any
particular objection, you waive the right
to a hearing on the objection.
Any objections received in response
to the regulation may be seen in the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, and will be posted to the docket
at https://www.regulations.gov. We will
publish notice of the objections that we
DATES
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
have received or lack thereof in the
Federal Register.
IX. References
The following references are on
display with the Dockets Management
Staff (see ADDRESSES) and are available
for viewing by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday; they also are available
electronically at https://
www.regulations.gov. References that
are published articles and books are not
on display.
1. Memorandum from H. Lee, Division of
Petition Review, Office of Food Additive
Safety (OFAS), CFSAN, FDA to J.
Thomas, Division of Petition Review,
OFAS, CFSAN, FDA, dated April 27,
2018.
2. Choi H, R. Harrison, H. Komulainen, et al.,
‘‘Polycyclic Aromatic Hydrocarbons.’’
WHO Guidelines for Indoor Air Quality:
Selected Pollutants. Geneva: World
Health Organization; 2010.
3. Brune H., R. P. Deutsch-Wenzel, M. Habs,
et al., ‘‘Investigation of the Tumorigenic
Response to Benzo(a)pyrene in Aqueous
Caffeine Solution Applied Orally to
Sprague-Dawley Rats,’’ Journal of Cancer
Research and Clinical Oncology,
102(2):153–157, 1981.
4. Memorandum from N. Anyangwe, Division
of Petition Review, OFAS, CFSAN, FDA
to J. Thomas, Division of Petition
Review, OFAS, CFSAN, FDA, dated
April 27, 2018.
5. Memorandum from the Indirect Additives
Branch, FDA, to the Executive Secretary,
Quantitative Risk Assessment
Committee, FDA, concerning
‘‘Estimation of the Upper-bound Lifetime
Risk from Polynuclear Aromatic
Hydrocarbons (PAH’s) in High-Purity
Furnace Black (HPFB): subject of Food
Additive Petition No. 5B4464 (Cabot
Corp.),’’ dated May 9, 1996.
List of Subjects in 21 CFR Part 74
Color additives, Cosmetics, Drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 74 is
amended as follows:
PART 74—LISTING OF COLOR
ADDITIVES SUBJECT TO
CERTIFICATION
1. The authority citation for part 74
continues to read as follows:
■
sradovich on DSK3GMQ082PROD with RULES
Authority: 21 U.S.C. 321, 341, 342, 343,
348, 351, 352, 355, 361, 362, 371, 379e.
2. Section 74.3054 is added to subpart
D to read as follows:
■
§ 74.3054
D&C Black No. 4.
(a) Identity. The color additive D&C
Black No. 4 is a high-purity carbon
black prepared by the oil furnace
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
process. It is manufactured by the
combustion of aromatic petroleum oil
feedstock and consists essentially of
pure carbon, formed as aggregated fine
particles with a surface area range of 50
to 260 meters (m)2/gram.
(b) Specifications. D&C Black No. 4
must conform to the following
specifications and must be free from
impurities other than those named to
the extent that such other impurities
may be avoided by good manufacturing
practice:
(1) Surface area by nitrogen BET
(Brunauer, Emmett, Teller) method, 50
to 260 m2/gram.
(2) Weight loss on heating at 950 °C
for 7 minutes (predried for 1 hour at 125
°C), not more than 2 percent.
(3) Ash content, not more than 0.15
percent.
(4) Arsenic (total), not more than 3
milligrams per kilogram (mg/kg) (3 parts
per million).
(5) Lead (total), not more than 10 mg/
kg (10 parts per million).
(6) Mercury (total), not more than 1
mg/kg (1 part per million).
(7) Total sulfur, not more than 0.65
percent.
(8) Total polycyclic aromatic
hydrocarbons (PAHs), not more than 0.5
mg/kg (500 parts per billion).
(9) Benzo[a]pyrene, not more than
0.005 mg/kg (5 parts per billion).
(10) Dibenz[a,h]anthracene, not more
than 0.005 mg/kg (5 parts per billion).
(11) Total color (as carbon), not less
than 95 percent.
(c) Uses and restrictions. (1) D&C
Black No. 4 may be safely used at a level
not to exceed 1.0 percent by weight of
the suture material for coloring ultrahigh molecular weight polyethylene
non-absorbable sutures for general
surgical use.
(2) Authorization and compliance
with this use must not be construed as
waiving any of the requirements of
sections 510(k), 515, and 520(g) of the
Federal Food, Drug, and Cosmetic Act
with respect to the ultra-high molecular
weight polyethylene surgical sutures in
which D&C Black No. 4 is used.
(d) Labeling. The label of the color
additive must conform to the
requirements of § 70.25 of this chapter.
(e) Certification. All batches of D&C
Black No. 4 must be certified in
accordance with regulations in part 80
of this chapter.
Dated: June 1, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–12218 Filed 6–6–18; 8:45 am]
BILLING CODE 4164–01–P
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
26359
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 1, 8, 16, and 40
[Docket No. FR–6102–F–01]
RIN 2501–AD88
Removal of Cross References to
Previously Removed Appendices and
Subpart
AGENCY:
Office of General Counsel,
HUD.
ACTION:
Final rule.
This final rule corrects HUD’s
regulations by removing cross references
to appendices and a subpart that were
removed by earlier rulemakings. In
1995, HUD removed several appendices
throughout HUD’s regulations deemed
unnecessary or obsolete. In 1996, HUD
consolidated its hearing procedures for
nondiscrimination and equal
opportunity matters in a new CFR part
and removed the subpart of another.
Cross-references to the removed
appendices and subpart were not
removed, however. This final rule
corrects HUD’s regulations by removing
cross references to these nonexistent
appendices and subpart.
DATES: Effective July 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Ariel Pereira, Associate General
Counsel, Office of Legislation and
Regulations, Department of Housing and
Urban Development, 451 7th Street SW,
Room 10282, Washington, DC 20410;
telephone number 202–402–5138 (this
is not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the Federal Relay Service at 800–
877–8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On September 11, 1995 (60 FR 47260),
HUD published a final rule entitled,
‘‘Elimination of Obsolete Parts’’ which
removed from 24 CFR several
appendices deemed obsolete and
unnecessary. HUD undertook the
regulation consistent with the
‘‘Regulatory Reinvention Initiative,’’
which required federal agencies to
eliminate outdated regulations and
modify others to reduce regulatory
burden. Among the provisions removed
were appendix A in 24 CFR part 1,
appendices A and B in 24 CFR part 8,
appendix A in 24 CFR part 16, and
appendix A in 24 CFR part 40.
On October 4, 1996 (61 FR 52216),
HUD published a final rule entitled,
‘‘Consolidated HUD Hearing Procedures
for Civil Rights Matters,’’ which revised
E:\FR\FM\07JNR1.SGM
07JNR1
Agencies
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26356-26359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12218]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 74
[Docket No. FDA-2017-C-0935]
Listing of Color Additives Subject to Certification; D&C Black
No. 4
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or we) is amending the
color additive regulations to provide for the safe use of D&C Black No.
4 for coloring ultra-high molecular weight polyethylene (UHMWPE) non-
absorbable sutures for use in general surgery. This action is in
response to a color additive petition (CAP) submitted by DSM
Biomedical.
DATES: This rule is effective July 10, 2018. See section VIII for
further information on the filing of objections. Submit either
electronic or written objections and requests for a hearing on the
final rule by July 9, 2018.
ADDRESSES: You may submit objections and requests for a hearing as
follows. Please note that late, untimely filed objections will not be
considered. Electronic objections must be submitted on or before July
9, 2018. The https://www.regulations.gov electronic filing system will
accept comments until midnight Eastern Time at the end of July 9, 2018.
Objections received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are postmarked or the
delivery service acceptance receipt is on or before that date.
Electronic Submissions
Submit electronic objections in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Objections submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on https://www.regulations.gov.
If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper objections submitted to the Dockets
Management Staff, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2017-C-0935 for ``Listing of Color Additives Subject to
Certification; D&C Black No. 4.'' Received objections, those filed in a
timely manner (see ADDRESSES), 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 an objection with
confidential information that you do not wish to be made publicly
available, submit your objections 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.gpo.gov/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.
FOR FURTHER INFORMATION CONTACT: Joseph M. Thomas, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740-3835, 301-796-9465.
SUPPLEMENTARY INFORMATION:
I. Introduction
In the Federal Register on March 6, 2017 (82 FR 12531), we
announced that we filed a color additive petition (CAP 7C0310)
submitted by DSM Biomedical (petitioner), 735 Pennsylvania Dr., Exton,
PA 19341. The petition proposed to amend the color additive regulations
in part 73 (21 CFR part 73), Listing of Color Additives Exempt from
Certification, to provide for the safe use of high-purity carbon black
for coloring UHMWPE non-absorbable sutures for use in general
surgery.\1\ After the petition was filed and during our review, we
determined that the color additive will require batch certification by
FDA. We intend to give each certified batch of the subject color
additive the name D&C Black No. 4. Therefore, this color additive will
be identified as D&C Black No. 4 and will be listed in part 74 (21 CFR
part 74), Listing of Color Additives Subject to Certification.
---------------------------------------------------------------------------
\1\ The original petition did not specify that the color
additive is to be used in sutures that are non-absorbable.
Therefore, our March 6, 2017, notice of filing did not specify that
the color additive is intended for use in non-absorbable sutures.
However, petitioner's subsequent submissions to FDA indicated that
the intended use of the additive is for sutures that are non-
absorbable.
---------------------------------------------------------------------------
II. Identity and Specifications
D&C Black No. 4 is a high-purity carbon black prepared by the oil
furnace process. It is manufactured by injecting
[[Page 26357]]
a heated aromatic petroleum feedstock into the combustion zone of a
natural gas-fired furnace to produce carbon black. The reaction is
quenched with water and the carbon particles are further cooled and
separated by a filter. The recovered high-purity carbon black is dried
and pelletized to produce the final D&C Black No. 4 commercial product,
consisting of aggregated particles with a surface area ranging from 50
to 260 meters squared per gram (m\2\/g). D&C Black No. 4 is
mechanically mixed at a maximum level of 1 percent by weight with the
UHMWPE suture raw materials to form a homogenous suspension, absent of
chemical reaction between components, and extruded to form black
colored sutures.
As explained in section III, the color additive D&C Black No. 4 may
contain low levels of potentially carcinogenic polycyclic aromatic
hydrocarbon (PAH) contaminants. To limit the amounts of these
contaminants in the color additive, FDA is setting specifications for
total PAHs, as well as for the individual PAH species benzo[a]pyrene
(B[a]P) and dibenz[a,h]anthracene. These specifications are consistent
with specifications for other high-purity carbon blacks approved by
FDA, including the color additive D&C Black No. 2 (Sec. 74.2052 (21
CFR 74.2052)), which is approved for use in certain cosmetics,
including cosmetics for use in the area of the eye (i.e., eyeliner,
brush-on-brow, eye shadow, mascara), and high-purity furnace black,
which is approved for use in food-contact polymers (Sec. 178.3297 (21
CFR 178.3297)). These specifications are also supported by the safety
information reviewed as a part of this petition (see section III). In
addition, to ensure compliance with these specifications, FDA is
requiring that D&C Black No. 4 for use in UHMWPE non-absorbable sutures
be from a batch of the color additive certified by FDA.
The identity for D&C Black No. 4 is the same as D&C Black No. 2,
except for the surface area. For D&C Black No. 2, we set specifications
for arsenic, lead, and mercury, total color (as carbon), total sulfur,
ash content, surface area, and weight loss on heating, in addition to
the specifications for total PAHs, benzo[a]pyrene (B[a]P), and
dibenz[a,h]anthracene. We are setting the same specifications that were
established for D&C Black No. 2 for D&C Black No. 4 for these
parameters with the exception of surface area specification, which is
broader for D&C Black No. 4.
III. Safety Evaluation
A. Determination of Safety
Under section 721(b)(4) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 379e(b)(4)), a color additive cannot be listed
for a particular use unless a fair evaluation of the data and
information available to FDA establish that the color additive is safe
under the intended conditions of use. Furthermore, under 21 CFR
70.5(c), a color additive intended for use in a surgical suture must
have a listing specifically providing for this use. FDA's color
additive regulations in 21 CFR 70.3(i) define ``safe'' to mean that
there is convincing evidence that establishes with reasonable certainty
that no harm will result from the intended use of the color additive.
Section 721(b)(5)(B)(ii) of the FD&C Act provides that for any use
of a color additive that will not result in ingestion of any part of
such additive, the color additive shall be deemed to be unsafe and
shall not be listed if, after tests that are appropriate for the
evaluation of the safety of additives for such use, or after other
relevant exposure of man or animal to such additive, it is found to
induce cancer in man or animal. Importantly, however, section
721(b)(5)(B) of the FD&C Act applies to the additive itself and not to
impurities in the additive. That is, where an additive itself has not
been shown to cause cancer, but contains a carcinogenic impurity, the
additive is properly evaluated under the general safety standard using
risk assessment procedures to determine whether there is a reasonable
certainty that no harm will result from the intended use of the
additive (Scott v. FDA, 728 F.2d 322 (6th Cir. 1984)).
B. Safety of the Petitioned Use of D&C Black No. 4
In evaluating the safety of a color additive, FDA customarily
reviews the available data on each relevant chemical impurity to
determine whether the chemical induces tumors in animals or humans. If
FDA concludes that the chemical impurity causes cancer in animals or
humans, the Agency calculates the unit cancer risk for the chemical and
the upper bound limit of lifetime human cancer risk from the chemical's
presence in the additive. To establish with reasonable certainty that
D&C Black No. 4 intended to color UHMWPE non-absorbable sutures is not
harmful under the intended conditions of use, we have considered the
exposure to the color additive and its impurities, the additive's
toxicological data, and other relevant information (such as published
literature) available to us.
The petitioner incorporated safety information that was previously
submitted to FDA on behalf of Cabot Corp. in Food Additive Petition
5B4464 by reference to support the safety of high-purity furnace black
as a colorant for polymers in food-contact applications. D&C Black No.
4 is manufactured in the same manner as the referenced high-purity
furnace black.
The petitioner also submitted data from an extraction study testing
the migration of D&C Black No. 4 from UHMWPE sutures and provided data
from two studies demonstrating biocompatibility of UHMWPE sutures along
with other information. The petitioner's data from the extraction study
indicated that D&C Black No. 4, when added to UHMWPE non-absorbable
sutures at the maximum level of 1 percent, remains physically embedded
in the suture matrix resulting in the color additive not being detected
in the extracts at the limit of quantitation. This study evaluated the
amount of non-volatile residue (NVR) and any extractables that could
migrate from the suture. The study was performed with water, hexane,
and ethanol at 50 [deg]C for 24 hours and demonstrated that D&C Black
No. 4 does not migrate from the suture following exposure to solvents
with varying polarities and exposure to heat. The study also yielded
NVRs not able to be analyzed. To estimate potential exposure from D&C
Black No. 4, the petitioner used data from the extraction study and the
conservative assumption that all of the NVR that was extracted and not
able to be analyzed was D&C Black No. 4. The petitioner derived an
estimate for the mass amount of D&C Black No. 4 expected to migrate
over a lifetime, expressed as the mean daily exposure, based on its
proposed use level in surgical sutures, and using data for the maximum
NVR extracted and the surface area of the tested sutures.
While FDA agrees with using the conservative assumption that all
NVR extracted was D&C Black No. 4, the petitioner's exposure estimate
represents the scenario where D&C Black No. 4 would migrate from the
sutures 1 day post-implantation. However, since non-absorbable sutures
are intended to be left in the body indefinitely post-implantation, it
is necessary to average the petitioner's exposure estimate over an
individual's lifetime post-implantation (assumed to be 70 years) to
estimate the lifetime average exposure to D&C Black No. 4. In this
manner, we estimated the lifetime average exposure to D&C Black No. 4
to
[[Page 26358]]
be 15.3 nanograms per person per day (ng/p/d). However, as carbon black
is known to be thermally stable, inert, and insoluble in water and
common solvents, we agree with the petitioner's conclusion that D&C
Black No. 4 is firmly embedded and does not migrate from the suture
matrix, resulting in no potential exposure to D&C Black No. 4 from
sutures that are in contact with the body (Ref. 1).
As discussed in section II, D&C Black No. 4 has been shown to
contain low levels of PAH impurities, some of which are carcinogenic.
We have previously considered the safe use of high-purity carbon black
as a color additive in cosmetics (D&C Black No. 2; Sec. 74.2052) and
as a colorant in food-contact polymers (high-purity furnace black;
Sec. 178.3297) and set limits for PAHs in these high-purity carbon
blacks to minimize exposure. We are setting similar limits for PAHs in
D&C Black No. 4 as those established for D&C Black No. 2: Total PAHs
(not more than 0.5 milligrams per kilogram (mg/kg) (500 parts per
billion)); B[a]P (not more than 0.005 mg/kg (5 parts per billion)); and
dibenz[a,h]anthracene (not more than 0.005 mg/kg (5 parts per
billion)).
There were no detectable PAHs at the limit of quantitation
resulting from the petitioner's extraction study. The petitioner stated
that the trace levels of PAHs in the color additive, as limited by
specifications, are strongly bound to the surface of D&C Black No. 4
carbon particles due to the powerful adsorption capabilities of the
color additive. FDA concurs that any PAH impurities are not expected to
migrate under the proposed specifications and conditions of use (Ref.
1). In calculating the lifetime average exposure to PAHs from the use
of D&C Black No. 4 in sutures, we used the conservative assumption that
total PAHs, B[a]P, and dibenz[a,h]anthracene are present in the color
additive at their specification limits. These assumptions, along with
the assumption that all NVR extracted from the sutures is D&C Black No.
4, calculated over a 70-year lifespan, results in a conservative
estimated lifetime average exposure of total PAHs of 7.7 x
10-\6\ ng/p/d, B[a]P of 7.7 x 10-\8\ ng/p/d, and
dibenz[a,h]anthracene of 7.7 x 10-\8\ ng/p/d (Ref. 1).
Current data have shown B[a]P to be a high contributor to the total
carcinogenic potential for the PAH family (Ref. 2). To assess the risk
from exposure to PAHs, FDA has used a worst-case assumption that all
PAHs are present in D&C Black No. 4 as B[a]P. We used data from a
carcinogenesis bioassay on B[a]P, conducted by H. Brune, et al., to
estimate the upper-bound limit of lifetime human risk from exposure to
B[a]P equivalents resulting from the petitioned use of the color
additive (Ref. 3). The authors reported treatment-related benign
forestomach tumors or esophageal tumors in male rats exposed to B[a]P.
Using a linear-at-low-dose extrapolation method and tumor incidence
data from the H. Brune, et al. study, we estimated the unit cancer risk
(UCR) for B[a]P to be 1.75 (milligrams per kilogram bodyweight per day
(mg/kg bw/day))-\1\ (Ref. 4). The UCR represents the derived
cancer risk calculated per unit dose of the additive. This same UCR was
used to assess the risk from exposure to PAHs for D&C Black No. 2 (69
FR 44927, July 28, 2004) and high-purity furnace black (Ref. 5). The
lifetime cancer risk (LCR) was calculated by multiplying the UCR for
B[a]P by the estimated lifetime average exposures. This results in LCRs
of 2.24 x 10-\15\ and 2.24 x 10-\13\ for B[a]P
and total PAHs, respectively. Because of the conservative assumptions
we used to calculate the exposure estimate and the carcinogenic potency
of PAHs in the color additive, and the fact that PAHs bind tightly to
carbon black and are not expected to migrate, the lifetime-averaged
individual exposure to PAHs is likely to be substantially less than our
worst-case exposure estimate. Thus, the probable lifetime human risk
would be less than the estimated LCR. Therefore, we conclude that there
is reasonable certainty that no harm from exposure to PAHs will result
from the petitioned use of the additive (Refs. 1 and 3).
IV. Conclusion
Based on the data and information in the petition and other
available relevant material, FDA concludes that the petitioned use of
D&C Black No. 4 for coloring UHMWPE non-absorbable sutures for use in
general surgery is safe. We further conclude that the additive will
achieve its intended technical effect and is suitable for the
petitioned uses. Based on the available information, we are amending
the color additive regulations in part 74 as set forth in this
document. In addition, in accordance with 21 CFR 71.20(b), we conclude
that batch certification of D&C Black No. 4 is necessary for the
protection of public health because of the need to limit the levels of
PAHs, some of which have been shown to be carcinogenic. Therefore, part
74 should be amended as set forth in this document.
V. Public Disclosure
In accordance with Sec. [thinsp]71.15 (21 CFR 71.15), the petition
and the documents that we considered and relied upon in reaching our
decision to approve the petition will be made available for public
disclosure (see FOR FURTHER INFORMATION CONTACT). As provided in Sec.
[thinsp]71.15, we will delete from the documents any materials that are
not available for public disclosure.
VI. Analysis of Environmental Impact
We previously considered the environmental effects of this rule, as
stated in the notice of petition published in the Federal Register of
March 6, 2017. We stated that we had determined, under 21 CFR 25.32(l),
that this action ``is of a type that does not individually or
cumulatively have a significant effect on the human environment'' such
that neither an environmental assessment nor an environmental impact
statement is required. We have not received any new information or
comments that would affect our previous determination.
VII. Paperwork Reduction Act of 1995
This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
VIII. Objections
This rule is effective as shown in the DATES section, except as to
any provisions that may be stayed by the filing of proper objections.
If you will be adversely affected by one or more provisions of this
regulation, you may file with the Dockets Management Staff (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
Any objections received in response to the regulation may be seen
in the Dockets Management Staff between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at https://www.regulations.gov. We will publish notice of the objections that we
[[Page 26359]]
have received or lack thereof in the Federal Register.
IX. References
The following references are on display with the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they also are
available electronically at https://www.regulations.gov. References
that are published articles and books are not on display.
1. Memorandum from H. Lee, Division of Petition Review, Office of
Food Additive Safety (OFAS), CFSAN, FDA to J. Thomas, Division of
Petition Review, OFAS, CFSAN, FDA, dated April 27, 2018.
2. Choi H, R. Harrison, H. Komulainen, et al., ``Polycyclic Aromatic
Hydrocarbons.'' WHO Guidelines for Indoor Air Quality: Selected
Pollutants. Geneva: World Health Organization; 2010.
3. Brune H., R. P. Deutsch-Wenzel, M. Habs, et al., ``Investigation
of the Tumorigenic Response to Benzo(a)pyrene in Aqueous Caffeine
Solution Applied Orally to Sprague-Dawley Rats,'' Journal of Cancer
Research and Clinical Oncology, 102(2):153-157, 1981.
4. Memorandum from N. Anyangwe, Division of Petition Review, OFAS,
CFSAN, FDA to J. Thomas, Division of Petition Review, OFAS, CFSAN,
FDA, dated April 27, 2018.
5. Memorandum from the Indirect Additives Branch, FDA, to the
Executive Secretary, Quantitative Risk Assessment Committee, FDA,
concerning ``Estimation of the Upper-bound Lifetime Risk from
Polynuclear Aromatic Hydrocarbons (PAH's) in High-Purity Furnace
Black (HPFB): subject of Food Additive Petition No. 5B4464 (Cabot
Corp.),'' dated May 9, 1996.
List of Subjects in 21 CFR Part 74
Color additives, Cosmetics, Drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
74 is amended as follows:
PART 74--LISTING OF COLOR ADDITIVES SUBJECT TO CERTIFICATION
0
1. The authority citation for part 74 continues to read as follows:
Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.
0
2. Section 74.3054 is added to subpart D to read as follows:
Sec. 74.3054 D&C Black No. 4.
(a) Identity. The color additive D&C Black No. 4 is a high-purity
carbon black prepared by the oil furnace process. It is manufactured by
the combustion of aromatic petroleum oil feedstock and consists
essentially of pure carbon, formed as aggregated fine particles with a
surface area range of 50 to 260 meters (m)\2\/gram.
(b) Specifications. D&C Black No. 4 must conform to the following
specifications and must be free from impurities other than those named
to the extent that such other impurities may be avoided by good
manufacturing practice:
(1) Surface area by nitrogen BET (Brunauer, Emmett, Teller) method,
50 to 260 m\2\/gram.
(2) Weight loss on heating at 950 [deg]C for 7 minutes (predried
for 1 hour at 125 [deg]C), not more than 2 percent.
(3) Ash content, not more than 0.15 percent.
(4) Arsenic (total), not more than 3 milligrams per kilogram (mg/
kg) (3 parts per million).
(5) Lead (total), not more than 10 mg/kg (10 parts per million).
(6) Mercury (total), not more than 1 mg/kg (1 part per million).
(7) Total sulfur, not more than 0.65 percent.
(8) Total polycyclic aromatic hydrocarbons (PAHs), not more than
0.5 mg/kg (500 parts per billion).
(9) Benzo[a]pyrene, not more than 0.005 mg/kg (5 parts per
billion).
(10) Dibenz[a,h]anthracene, not more than 0.005 mg/kg (5 parts per
billion).
(11) Total color (as carbon), not less than 95 percent.
(c) Uses and restrictions. (1) D&C Black No. 4 may be safely used
at a level not to exceed 1.0 percent by weight of the suture material
for coloring ultra-high molecular weight polyethylene non-absorbable
sutures for general surgical use.
(2) Authorization and compliance with this use must not be
construed as waiving any of the requirements of sections 510(k), 515,
and 520(g) of the Federal Food, Drug, and Cosmetic Act with respect to
the ultra-high molecular weight polyethylene surgical sutures in which
D&C Black No. 4 is used.
(d) Labeling. The label of the color additive must conform to the
requirements of Sec. 70.25 of this chapter.
(e) Certification. All batches of D&C Black No. 4 must be certified
in accordance with regulations in part 80 of this chapter.
Dated: June 1, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12218 Filed 6-6-18; 8:45 am]
BILLING CODE 4164-01-P