Label Requirement for Food That Has Been Refused Admission Into the United States, 49022-49023 [2018-21145]

Download as PDF 49022 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules The Proposed Amendment (j) Other FAA AD Provisions Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Fokker Services B.V.’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Fokker Services B.V.: Docket No. FAA– 2018–0802; Product Identifier 2018– NM–082–AD. (a) Comments Due Date We must receive comments by November 13, 2018. (b) Affected ADs This AD affects AD 95–21–20, Amendment 39–9407 (60 FR 53857, October 18, 1995) (‘‘AD 95–21–20’’). (c) Applicability This AD applies to Fokker Services B.V. Model F28 Mark 0070 and 0100, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 49, Airborne auxiliary power. (e) Reason This AD was prompted by reports of electrical arcing between the auxiliary power unit (APU) starter motor positive terminal and the APU fuel drain line. We are issuing this AD to address this unsafe condition, which could lead to a fire during APU start and possibly result in damage to the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. amozie on DSK3GDR082PROD with PROPOSALS1 (g) Modification Within 12 months after the effective date of this AD: Remove the two additional clamps, part number (P/N) MS21919WCH5 and P/N MS21919WCH13, and replace APU fuel drain line P/N D67066–409 with a new APU fuel drain line P/N W67066–401, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100–49–037, dated October 31, 2016. (h) Terminating Actions for AD 95–21–20 Accomplishing the actions required by paragraph (g) of this AD terminates all requirements of AD 95–21–20. (i) Parts Installation Prohibition No person may install APU fuel drain line P/N D67066–409 after modification of an airplane as required by paragraph (g) of this AD. VerDate Sep<11>2014 17:53 Sep 27, 2018 Jkt 244001 (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017–0008, dated January 16, 2017, for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2018–0802. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3226. (3) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88–6280–350; fax +31 (0)88–6280–111; email technicalservices@ fokker.com; internet https:// www.myfokkerfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on September 14, 2018. John P. Piccola, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–20919 Filed 9–27–18; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1 [Docket No. FDA–2007–N–0465] Label Requirement for Food That Has Been Refused Admission Into the United States AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule; withdrawal. The Food and Drug Administration (FDA, the Agency, or we) is announcing the withdrawal of a proposed rule that published in the Federal Register. This proposed rule is not currently considered a viable candidate for final action. FDA is taking this action because this proposed rule does not reflect current technology and industry practice. DATES: The proposed rule published September 18, 2008, at 73 FR 54106 is withdrawn as of September 28, 2018. ADDRESSES: For access to the docket, 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: Holli Kubicki, Office of Regulatory Affairs, Office of Strategic Planning and Operational Policy, Food and Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857, 240–402–4557, holli.kubicki@fda.hhs.gov. SUPPLEMENTARY INFORMATION: In 1990, FDA began a process of periodically conducting comprehensive reviews of its regulation process, including reviewing the backlog of proposed rulemakings that had not been finalized. As FDA removed many proposed rules not finalized, the Agency implemented a process of reviewing existing proposed rules every 5 years. As part of this process and the Administration’s regulatory reform initiative, we continue to conduct reviews of existing proposed rules. The review determines if the proposals are outdated, unnecessary, or can be revised to reduce regulatory burden while allowing FDA to achieve our public health mission and fulfill statutory obligations. As part of these efforts, FDA is withdrawing the proposed rule entitled ‘‘Label Requirement for Food That Has Been Refused Admission Into the SUMMARY: E:\FR\FM\28SEP1.SGM 28SEP1 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules United States’’ (September 18, 2008, 73 FR 54106). The proposed rule does not reflect current technology and industry practice. For example, the proposed rule directed owners or consignees to affix labels to physical documents such as invoices, packing lists, bills of lading, and any other documents accompanying refused food. Many of these documents are now electronic. Therefore, since implementation of the proposed rule would not adequately address how to permanently mark electronic documentation accompanying refused food, it would not achieve the public health and efficiency benefits discussed in the notice of proposed rulemaking. As directed by section 304 of the FDA Food Safety Modernization Act (Pub. L. 111–353) that was enacted after FDA issued the proposed rule, FDA now requires, as part of its prior notice regulations, notice to FDA of the name of any country to which imported food has been refused entry. (See 21 CFR 1.281(a)(18).) This includes situations where the United States has refused entry, and it therefore provides FDA with information related to what the proposed marking rule would require. FDA may reassess how to effectively implement the labeling of documentation accompanying refused food and consider whether to issue a revised proposed rule in the future. The withdrawal of the proposal identified in this document does not preclude the Agency from reinstituting rulemaking concerning the issues addressed. Should we decide to undertake such a rulemaking in the future, we will re-propose the action and provide a new opportunity for comment. Furthermore, this proposed Title of proposed rule rule withdrawal is only intended to address the specific actions identified in this document, and not any other pending proposals that the Agency has issued or is considering. If you need additional information about the subject matter of the withdrawn proposed rule, you may review the Agency’s website (https://www.fda.gov) for any current information on the matter. Food and Drug Administration rules are not needed at this time to protect the public health. DATES: As of September 28, 2018, the proposed rules published on January 12, 2007, at 72 FR 1582, and February 19, 2010, at 75 FR 7412 are withdrawn. ADDRESSES: For access to the docket, 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: Brian Pendleton, Office of Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4250, Silver Spring, MD 20993–0002, 301– 796–4614, brian.pendleton@ fda.hhs.gov. 21 CFR Chapter I SUPPLEMENTARY INFORMATION: Dated: September 25, 2018. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2018–21145 Filed 9–27–18; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket Nos. FDA–2005–N–0033, FDA– 2008–N–0115] Use of Materials Derived From Cattle in Medical Products Intended for Use in Humans and Drugs Intended for Use in Ruminants; Reporting Information Regarding Falsification of Data AGENCY: ACTION: amozie on DSK3GDR082PROD with PROPOSALS1 17:53 Sep 27, 2018 Jkt 244001 Proposed rule; withdrawal. The Food and Drug Administration (FDA, Agency, we) is announcing the withdrawal of two proposed rules that published in the Federal Register. These proposed rules are not currently considered viable candidates for final action. FDA is taking this action because the regulatory requirements set forth in the proposed SUMMARY: Docket No. 1. Use of Materials Derived January 12, 2007, 72 FR from Cattle in Medical Prod1582. ucts Intended for Use in Humans and Drugs Intended for Use in Ruminants. 2. Reporting Information ReFebruary 19, 2010, 75 FR garding Falsification of Data. 7412. VerDate Sep<11>2014 Food and Drug Administration, HHS. Publication date, Federal Register citation The withdrawal of the proposed rules does not preclude the Agency from reinstituting rulemaking concerning the issues addressed in the proposed rules listed in the table. Should we decide to 49023 FDA–2005–N–0033 FDA–2008–N–0115 Reason for withdrawal We are withdrawing the proposed rule because the risk to public health posed by the potential use of materials derived from cattle in medical products has been significantly diminished since the issuance of the proposed rule, and we believe we can address any potential concerns through application of our premarketing review authority. The rule is not needed to protect research subjects or to help ensure the integrity of clinical trial data submitted to FDA in support of marketing applications and petitions for product approvals. Existing regulations require study sponsors to notify FDA when they end an investigator’s participation in an investigation (21 CFR 312.56(b)), and institutional review boards must notify us when they suspend or terminate their approval of research (21 CFR 56.113). Based on our review of recent data, we conclude that we are receiving adequate notice of falsification of data, and we do not believe that adopting the proposed requirements would provide us with substantial additional information. undertake such rulemakings in the future, we will re-propose the actions and provide new opportunities for comment. Furthermore, these proposed rules’ withdrawal is only intended to PO 00000 Frm 00034 Fmt 4702 In 1990, FDA began a process of periodically conducting comprehensive reviews of its regulation process, including reviewing the backlog of proposed rulemakings that had not been finalized. As FDA removed many proposed rules not finalized, the Agency implemented a process of reviewing existing proposed rules every 5 years. As part of this process and the Administration’s regulatory reform initiative, we continue to conduct reviews of existing proposed rules. The review determines if the proposals are outdated, unnecessary, or can be revised to reduce regulatory burden while allowing FDA to achieve our public health mission and fulfill statutory obligations. As part of these efforts, FDA is withdrawing the following proposed rules: Sfmt 4702 address the specific actions identified in this document, and not any other pending proposals that the Agency has issued or is considering. If you need additional information about the subject E:\FR\FM\28SEP1.SGM 28SEP1

Agencies

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49022-49023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21145]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket No. FDA-2007-N-0465]


Label Requirement for Food That Has Been Refused Admission Into 
the United States

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
announcing the withdrawal of a proposed rule that published in the 
Federal Register. This proposed rule is not currently considered a 
viable candidate for final action. FDA is taking this action because 
this proposed rule does not reflect current technology and industry 
practice.

DATES: The proposed rule published September 18, 2008, at 73 FR 54106 
is withdrawn as of September 28, 2018.

ADDRESSES: For access to the docket, 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: Holli Kubicki, Office of Regulatory 
Affairs, Office of Strategic Planning and Operational Policy, Food and 
Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857, 240-402-
4557, [email protected].

SUPPLEMENTARY INFORMATION: In 1990, FDA began a process of periodically 
conducting comprehensive reviews of its regulation process, including 
reviewing the backlog of proposed rulemakings that had not been 
finalized. As FDA removed many proposed rules not finalized, the Agency 
implemented a process of reviewing existing proposed rules every 5 
years.
    As part of this process and the Administration's regulatory reform 
initiative, we continue to conduct reviews of existing proposed rules. 
The review determines if the proposals are outdated, unnecessary, or 
can be revised to reduce regulatory burden while allowing FDA to 
achieve our public health mission and fulfill statutory obligations.
    As part of these efforts, FDA is withdrawing the proposed rule 
entitled ``Label Requirement for Food That Has Been Refused Admission 
Into the

[[Page 49023]]

United States'' (September 18, 2008, 73 FR 54106).
    The proposed rule does not reflect current technology and industry 
practice. For example, the proposed rule directed owners or consignees 
to affix labels to physical documents such as invoices, packing lists, 
bills of lading, and any other documents accompanying refused food. 
Many of these documents are now electronic. Therefore, since 
implementation of the proposed rule would not adequately address how to 
permanently mark electronic documentation accompanying refused food, it 
would not achieve the public health and efficiency benefits discussed 
in the notice of proposed rulemaking. As directed by section 304 of the 
FDA Food Safety Modernization Act (Pub. L. 111-353) that was enacted 
after FDA issued the proposed rule, FDA now requires, as part of its 
prior notice regulations, notice to FDA of the name of any country to 
which imported food has been refused entry. (See 21 CFR 1.281(a)(18).) 
This includes situations where the United States has refused entry, and 
it therefore provides FDA with information related to what the proposed 
marking rule would require.
    FDA may reassess how to effectively implement the labeling of 
documentation accompanying refused food and consider whether to issue a 
revised proposed rule in the future.
    The withdrawal of the proposal identified in this document does not 
preclude the Agency from reinstituting rulemaking concerning the issues 
addressed. Should we decide to undertake such a rulemaking in the 
future, we will re-propose the action and provide a new opportunity for 
comment. Furthermore, this proposed rule withdrawal is only intended to 
address the specific actions identified in this document, and not any 
other pending proposals that the Agency has issued or is considering. 
If you need additional information about the subject matter of the 
withdrawn proposed rule, you may review the Agency's website (https://www.fda.gov) for any current information on the matter.

    Dated: September 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21145 Filed 9-27-18; 8:45 am]
 BILLING CODE 4164-01-P


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