Sensient Colors, LLC.; Filing of Color Additive Petition, 8537-8538 [2024-02576]

Download as PDF lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations management system will be deemed to be signed by that person. (4) Conform to standard letter dimensions (8.5 x 11 inches). (b) Redacted filings and exhibits. Any person who files a pleading, exhibit, or other document that contains an individual’s social security number, taxpayer-identification number, or birth date; the name of an individual known to be a minor; or a financial-account number, must redact all such information, except the last four digits of the social security number and taxpayer-identification number; the year of the individual’s birth; the minor’s initials; and the last four digits of the financial-account number. (c) Nonelectronic filings. All nonelectronic pleadings filed with the Board must be secured at the top. For each pleading filed with the Board, the original and two legible copies must be submitted. Nonelectronic filings must be sent to the U.S. Department of Labor, Benefits Review Board, ATTN: Office of the Clerk of the Appellate Boards (OCAB), 200 Constitution Ave. NW, Washington, DC 20210–0001, or otherwise presented to the Clerk. (d) Electronic filings. (1) Except as provided in paragraph (d)(2) of this section, beginning on March 11, 2024, attorneys and lay representatives must be registered with the Board’s electronic case management system and file all pleadings, exhibits, and other documents with the Board through this system (e-file). All e-filed documents must be in Portable Document Format (PDF). The Board prefers that pleadings be filed in text-searchable PDF format. Paper copies are not required unless requested by the Board. (2) Attorneys and lay representatives may request an exemption (pursuant to § 802.219) for good cause shown. Such a request must include a detailed explanation why e-filing or acceptance of e-service should not be required. (3) Self-represented parties may file pleadings, exhibits, and other documents in electronic or nonelectronic form in accordance with paragraph (c) or (d) of this section. (4) A document filed electronically is a written paper for purposes of this Part. (5) A person who is adversely affected by a technical failure in connection with filing or receipt of an electronic document may seek appropriate relief from the Board under § 802.219. If a technical malfunction or other issue prevents access to the Board’s case management system for a protracted period, the Board by special order may provide appropriate relief pending restoration of electronic access. VerDate Sep<11>2014 16:18 Feb 07, 2024 Jkt 262001 (e) Special rules for notices of appeal. (1) Except as otherwise provided in this section, a notice of appeal is considered to have been filed only as of the date it is received by the office of the Clerk of the Board. (2) A notice of appeal submitted to any other agency or subdivision of the Department of Labor or of the U.S. Government or any state government, and subsequently received by the office of the Clerk of the Board, will be considered filed with the Clerk of the Board as of the date it was received by the other governmental unit if the Board finds in its discretion that it is in the interest of justice to do so. (3) If the notice of appeal is sent by mail or commercial carrier and the fixing of the date of delivery as the date of filing would result in a loss or impairment of appeal rights, it will be considered to have been filed as of the date of mailing or the date of delivery to the commercial carrier. (i) For notices sent by mail, the date appearing on the U.S. Postal Service postmark (when available and legible) will be prima facie evidence of the date of mailing. If there is no such postmark or it is not legible, other evidence such as, but not limited to, certified mail receipts, certificates of service, and affidavits, may be used to establish the mailing date. (ii) For notices sent by commercial carrier, the date of delivery to the carrier may be demonstrated by the carrier’s receipt or tracking information. (4) If the notice of appeal is electronically filed through the Board’s case management system, it is considered received by the office of the Clerk of the Board as of the date and time recorded by the system under § 802.221(c). ■ 6. Add § 802.223 to subpart B to read as follows: § 802.223 Service requirements. This section prescribes rules and procedures for serving pleadings (including notices of appeal, petitions for review, and response briefs, additional briefs, and motions), exhibits, and other documents including routine correspondence on other parties and representatives. (a) A copy of any document filed with the Board must be served on each party and the Solicitor of Labor by the party filing the document. (b) Manner of service. (1) Nonelectronic service may be completed by: (i) Personal delivery; (ii) Mail; or (iii) Commercial delivery. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8537 (2) Electronic service may be completed by: (i) Electronic mail, if consented to in writing by the person served; or (ii) Sending it to a user registered with the Board’s electronic case management system by filing via this system. A person who registers to use the Board’s case management system is deemed to have consented to accept service through the system. (c) When service is effected. (1) Service by personal delivery is effected on the date the document is delivered to the recipient. (2) Service by mail or commercial carrier is effected on mailing or delivery to the carrier. (3) Service by electronic means is effected on sending. (d) Date of receipt for electronic documents. Unless the party making service is notified that the document was not received by the party served— (1) A document filed via the Board’s case management system is considered received by registered users on the date it is sent by the system; and (2) A document served via electronic mail is considered received by the recipient on the date it is sent. Signed in Washington, DC. Julie A. Su, Acting Secretary of Labor. [FR Doc. 2024–01991 Filed 2–7–24; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket No. FDA–2018–C–4117] Sensient Colors, LLC.; Filing of Color Additive Petition AGENCY: Food and Drug Administration, HHS. ACTION: Notification of petition. The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by Sensient Colors, LLC., proposing that we amend our color additive regulations to provide for the safe use of butterfly pea flower extract in ready-to-eat cereals, crackers and snack mixes, and chips at levels consistent with good manufacturing practice. SUMMARY: The color additive petition was filed on December 5, 2023. ADDRESSES: For access to the docket to read background documents or DATES: E:\FR\FM\08FER1.SGM 08FER1 8538 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 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. DEPARTMENT OF JUSTICE FOR FURTHER INFORMATION CONTACT: Conforming Amendment Regarding the Veterinary Medicine Mobility Act of 2014 Stephen DiFranco, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–2710. Under the Federal Food, Drug, and Cosmetic Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), we are giving notice that we have filed a color additive petition (CAP 4C0328), submitted by Exponent, Inc., on behalf of Sensient Colors, LLC., 1150 Connecticut Ave. NW, Suite 1100, Washington, DC 20036. The petition proposes to amend the color additive regulations in § 73.69 (21 CFR 73.69) Listing of Color Additives Exempt from Certification: Butterfly pea flower extract to expand the safe use of butterfly pea flower extract to include ready-to-eat cereals, crackers and snack mixes, and chips at levels consistent with good manufacturing practice. The petitioner claims that this action is categorically excluded under 21 CFR 25.32(k) because the substance is intended to remain in food through ingestion by consumers and is not intended to replace macronutrients in food. In addition, the petitioner states that, to their knowledge, no extraordinary circumstances exist. If FDA determines a categorical exclusion applies, neither an environmental assessment nor an environmental impact statement is required. If FDA determines a categorical exclusion does not apply, we will request an environmental assessment and make it available for public inspection. SUPPLEMENTARY INFORMATION: Dated: February 5, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024–02576 Filed 2–7–24; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 4164–01–P Drug Enforcement Administration 21 CFR Part 1301 [Docket No. DEA–1043] RIN 1117–AB82 Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final rule. AGENCY: The Veterinary Medicine Mobility Act of 2014 (VMMA), which became law on August 1, 2014, amended the Controlled Substances Act to address separate registration requirements for veterinarians. The VMMA allows a veterinarian to transport and dispense controlled substances in the usual course of veterinary practice at a site other than the veterinarian’s registered principal place of business or professional practice without obtaining a separate registration, subject to certain limitations. The Drug Enforcement Administration is amending its regulations to codify the VMMA. This rule merely conforms DEA regulations to statutory amendments of the Controlled Substances Act that have already taken effect and makes no substantive change to existing legal requirements. SUMMARY: This final rule is effective on February 8, 2024. FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting and Policy Support Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 776– 3882. DATES: SUPPLEMENTARY INFORMATION: Legal Authority The Drug Enforcement Administration (DEA) implements and enforces the Comprehensive Drug Abuse Prevention and Control Act of 1970, often referred to as the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act, as amended.1 The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. DEA publishes the implementing regulations for these statutes in 21 CFR parts 1300 to 1399. On August 1, 2014, the President signed the Veterinary Medicine Mobility Act of 2014 (VMMA) into law as Public Law 113–143.2 The VMMA amended section 302(e) of the CSA to address separate registration requirements for veterinarians. Specifically, the VMMA redesignated 21 U.S.C. 822(e) as 21 U.S.C. 822(e)(1) and added a new paragraph, 21 U.S.C. 822(e)(2). The newly added 21 U.S.C. 822(e)(2) provides that ‘‘. . . a registrant who is a veterinarian shall not be required to have a separate registration in order to transport and dispense controlled substances in the usual course of veterinary practice at a site other than the registrant’s registered principal place of business or professional practice, so long as the site of transporting and dispensing is located in a State where the veterinarian is licensed to practice veterinary medicine and is not a principal place of business or professional practice.’’ In this final rule, DEA is amending its regulations to conform to the change to the CSA made by the VMMA. Regulatory Analysis Administrative Procedure Act Under the Administrative Procedure Act (APA),3 agencies generally offer interested parties the opportunity to comment on proposed regulations before they become effective. However, an agency may find good cause to exempt a rule from certain provisions of the APA, including those requiring the publication of a prior notice of proposed rulemaking and the opportunity for public comment, if such actions are determined to be unnecessary, impracticable, or contrary to the public interest. DEA finds there is good cause within the meaning of the APA to issue this amendment as a final rule without opportunity for public comment and with an immediate effective date because such comment is unnecessary. This final rule amends DEA regulations simply to incorporate the provisions of the VMMA. The legal requirements articulated in this final rule are already in effect by virtue of the VMMA. This rule merely incorporates the statutory provision into DEA regulations. DEA is publishing this as a final rule because notice of proposed rulemaking and solicitation of public comment is 2 Public 1 21 VerDate Sep<11>2014 16:18 Feb 07, 2024 Jkt 262001 PO 00000 U.S.C. 801–971. Frm 00014 Fmt 4700 35 Sfmt 4700 Law 113–143, 128 Stat. 1750 (2014). U.S.C. 553. E:\FR\FM\08FER1.SGM 08FER1

Agencies

[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Rules and Regulations]
[Pages 8537-8538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02576]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2018-C-4117]


Sensient Colors, LLC.; Filing of Color Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of petition.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing 
that we have filed a petition, submitted by Sensient Colors, LLC., 
proposing that we amend our color additive regulations to provide for 
the safe use of butterfly pea flower extract in ready-to-eat cereals, 
crackers and snack mixes, and chips at levels consistent with good 
manufacturing practice.

DATES: The color additive petition was filed on December 5, 2023.

ADDRESSES: For access to the docket to read background documents or

[[Page 8538]]

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: Stephen DiFranco, Center for Food 
Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus 
Dr., College Park, MD 20740, 240-402-2710.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic 
Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), we are giving notice 
that we have filed a color additive petition (CAP 4C0328), submitted by 
Exponent, Inc., on behalf of Sensient Colors, LLC., 1150 Connecticut 
Ave. NW, Suite 1100, Washington, DC 20036. The petition proposes to 
amend the color additive regulations in Sec.  73.69 (21 CFR 73.69) 
Listing of Color Additives Exempt from Certification: Butterfly pea 
flower extract to expand the safe use of butterfly pea flower extract 
to include ready-to-eat cereals, crackers and snack mixes, and chips at 
levels consistent with good manufacturing practice.
    The petitioner claims that this action is categorically excluded 
under 21 CFR 25.32(k) because the substance is intended to remain in 
food through ingestion by consumers and is not intended to replace 
macronutrients in food. In addition, the petitioner states that, to 
their knowledge, no extraordinary circumstances exist. If FDA 
determines a categorical exclusion applies, neither an environmental 
assessment nor an environmental impact statement is required. If FDA 
determines a categorical exclusion does not apply, we will request an 
environmental assessment and make it available for public inspection.

    Dated: February 5, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-02576 Filed 2-7-24; 8:45 am]
BILLING CODE 4164-01-P

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