Food Additives Permitted in Feed and Drinking Water of Animals; Fermented Ammoniated Condensed Whey, 67856-67857 [2024-18824]
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations
SKTTR, AZ
El Paso, TX (ELP)
Pecos, TX (PEQ)
DILLO, TX
College Station, TX (CLL)
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Paragraph 6010(a)
Airways.
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*
Domestic VOR Federal
*
*
*
*
*
*
(Lat.
(Lat.
(Lat.
(Lat.
(Lat.
32°17′38.00″
31°48′57.28″
31°28′09.53″
30°47′46.76″
30°36′18.01″
*
*
*
*
*
109°50′44.00″
106°16′54.78″
103°34′29.12″
098°47′13.91″
096°25′14.45″
From Corpus Christi, TX; INT Corpus
Christi 296° and Three Rivers, TX, 165°
radials; Three Rivers; INT Three Rivers 327°
and San Antonio, TX, 183° radials; San
Antonio; to Stonewall, TX. From Millsap,
TX; to Wichita Falls, TX.
V–558 [Amended]
From Centex, TX; to Industry, TX.
*
*
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*
*
*
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*
*
*
*
Paragraph 6011 United States Area
Navigation Routes.
From Centex, TX; College Station, TX; to
Lufkin, TX.
*
W)
W)
W)
W)
W)
V–568 [Amended]
*
*
*
*
*
*
*
T–254 San Angelo, TX (SJT) to KNZLY, LA [Amended]
San Angelo, TX (SJT)
VORTAC
(Lat. 31°22′29.84″
DILLO, TX
WP
(Lat. 30°47′46.76″
KALLA, TX
FIX
(Lat. 30°43′15.88″
DOWWD, TX
WP
(Lat. 30°44′58.33″
College Station, TX (CLL)
VORTAC
(Lat. 30°36′18.01″
EAKES, TX
WP
(Lat. 30°33′18.00″
CREPO, TX
WP
(Lat. 30°16′54.00″
KNZLY, LA
WP
(Lat. 30°08′29.48″
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long.
long.
long.
long.
long.
V–565 [Amended]
V–161 [Amended]
From Three Rivers, TX; to Center Point,
TX. From Millsap, TX; Bowie, TX; Ardmore,
*
N,
N,
N,
N,
N,
OK; Okmulgee, OK; to Tulsa, OK. From
Butler, MO; Napoleon, MO; Lamoni, IA; Des
Moines, IA; Mason City, IA; Rochester, MN;
Farmington, MN; to Gopher, MN.
*
V–76 [Amended]
From Lubbock, TX; INT Lubbock 188° and
Big Spring, TX, 286° radials; Big Spring; to
San Angelo, TX.
*
WP
VORTAC
VOR/DME
WP
VORTAC
N,
N,
N,
N,
N,
N,
N,
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long.
long.
long.
long.
long.
long.
long.
long.
100°27′17.53″
098°47′13.91″
098°04′38.46″
097°06′12.22″
096°25′14.45″
095°18′29.00″
094°14′43.00″
093°06′19.37″
W)
W)
W)
W)
W)
W)
W)
W)
*
T–499 Corpus Christi, TX (CRP) to DILLO, TX [New]
Corpus Christi, TX (CRP)
VORTAC
(Lat. 27°54′13.56″ N, long. 097°26′41.57″ W)
CARTI, TX
FIX
(Lat. 28°09′46.08″ N, long. 098°02′51.29″ W)
LEMIG, TX
FIX
(Lat. 28°58′37.91″ N, long. 098°30′03.52″ W)
San Antonio, TX (SAT)
VORTAC
(Lat. 29°38′38.51″ N, long. 098°27′40.74″ W)
Stonewall, TX (STV)
VORTAC
(Lat. 30°12′24.33″ N, long. 098°42′20.72″ W)
DILLO, TX
WP
(Lat. 30°47′46.76″ N, long. 098°47′13.91″ W)
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Issued in Washington, DC, on August 16,
2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024–18731 Filed 8–21–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 573
[Docket No. FDA–2024–F–3879]
ddrumheller on DSK120RN23PROD with RULES1
Food Additives Permitted in Feed and
Drinking Water of Animals; Fermented
Ammoniated Condensed Whey
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
The Food and Drug
Administration (FDA) is amending the
food additive regulations to update the
SUMMARY:
VerDate Sep<11>2014
16:38 Aug 21, 2024
Jkt 262001
production organism Lactobacillus
bulgaricus that has been scientifically
reclassified to Lactobacillus delbrueckii.
This action is being taken to improve
the accuracy and clarity of the
regulations.
DATES: This rule is effective August 22,
2024.
FOR FURTHER INFORMATION CONTACT:
Chelsea Cerrito, Center for Veterinary
Medicine, Division of Animal Food
Ingredients, Food and Drug
Administration, 12225 Wilkins Ave.,
Rockville, MD 20852, 240–402–6729,
Chelsea.Cerrito@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA is
amending the food additive regulation
at 21 CFR 573.450 Fermented
ammoniated condensed whey for use in
animal feed to update the production
organism Lactobacillus bulgaricus that
has been scientifically reclassified to
Lactobacillus delbrueckii. This action is
being taken to improve the accuracy and
clarity of the regulations.
Publication of this document
constitutes final action under the
Administrative Procedure Act (5 U.S.C.
553). FDA has determined that notice
PO 00000
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Fmt 4700
Sfmt 4700
and public comment are unnecessary
because this amendment to the
regulations provides only technical
changes to update scientific
nomenclature and is nonsubstantive.
List of Subjects in 21 CFR Part 573
Animal feeds, Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, and the Public
Health Service Act, and under the
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 573 is
amended as follows:
PART 573—FOOD ADDITIVES
PERMITTED IN FEED AND DRINKING
WATER OF ANIMALS
1. The authority citation for part 573
continues to read as follows:
■
Authority: 21 U.S.C. 321, 342, 348.
§ 573.450
[Amended]
2. In § 573.450, in paragraph (a),
remove ‘‘Lactobacillus bulgaricus’’ and
in its place add ‘‘Lactobacillus
delbrueckii’’.
■
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations
Dated: August 16, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
exception or waiver to that
inadmissibility for applicants who
receive a pardon.
[FR Doc. 2024–18824 Filed 8–21–24; 8:45 am]
. . . the [INA] is clear that a pardon does not
make an otherwise inadmissible noncitizen
admissible, even if a pardon can save a
resident noncitizen from being removed . . .
and where agency regulations conflict with
statutory text, statutory text wins out every
time. We simply cannot square [22 CFR
40.21(a)(5)] with the text and structure of the
INA as it was amended in 1990.
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice: 12464]
RIN 1400–AF77
Visas: Visa Ineligibility
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
(‘‘Department’’) is amending a
regulation relating to the effect of
certain pardons on criminal-related
grounds of visa ineligibility.
DATES: This final rule is effective on
August 22, 2024.
FOR FURTHER INFORMATION CONTACT: Jami
Thompson, Office of Visa Services,
Bureau of Consular Affairs, Department
of State; telephone (202) 485–7586,
VisaRegs@state.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
A. Background
The Department of State
(‘‘Department’’) is amending its
regulations at 22 CFR 40.21(a)(5), and 22
CFR 40.22(c) regarding the effect of a
pardon on a visa applicant’s ineligibility
under section 212(a)(2)(A) of the
Immigration and Nationality Act (INA)
(8 U.S.C. 1182(a)(2)(A)) and INA section
212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)),
respectively. The current regulation at
22 CFR 40.21(a)(5) provides that an
alien is not ineligible for a visa under
INA section 212(a)(2)(A) if a full and
unconditional pardon has been granted
by the President of the United States, by
a governor of a state of the United
States, or by certain other specified
officials. Similarly, the current
regulation at 22 CFR 40.22(c) provides
that an alien is not ineligible for a visa
under INA section 212(a)(2)(B) based on
having been convicted of two or more
offenses, if a full and unconditional
pardon has been granted by the
President of the United States, by a
governor of a state of the United States,
or by certain other specified officials.
The Seventh Circuit Court of Appeals
recently examined the regulation at 22
CFR 40.21(a)(5), finding that it conflicts
with INA’s provisions in section
212(a)(2)(A)(i) governing inadmissibility
based on conviction or admission of
certain crimes, which do not include an
VerDate Sep<11>2014
16:38 Aug 21, 2024
Jkt 262001
Wojciechowicz v. Garland, 77 F.4th
511, 514, 518 (7th Cir. 2023) (internal
citations and parentheticals omitted).
The Department agrees with the Seventh
Circuit’s opinion in Wojciechowicz as it
applies to gubernatorial pardons and
finds that the court’s analysis regarding
the lack of underlying authority in the
INA giving effect to such pardons also
extends to the Department’s regulation
at 22 CFR 40.22(c) regarding ineligibility
for multiple criminal convictions.
B. Legal Background
The Department first promulgated
these rules in 1959 at 22 CFR
41.91(a)(9)–(10).1 At the time the
regulations were first promulgated, the
Immigration and Nationality Act of
1952, as amended (‘‘1952 Act’’),
provided that noncitizens were
excludable 2 from the United States and
ineligible for visas if they had been
convicted of a crime involving moral
turpitude or two or more criminal
offenses. Unlike the 1952 Act’s
provisions on grounds of deportation,
which did provide that the criminalrelated ground of deportation ‘‘shall not
apply’’ to individuals who had received
a full and unconditional pardon by the
President of the United States or by the
Governor of any of the several States,
the 1952 Act did not include a provision
on the effect of a pardon on
excludability. Section 222(a) of the 1952
Act did, however, speak to the possible
relevance of a previous pardon or
amnesty to an individual’s eligibility for
an immigrant visa, requiring that all
immigrant visa applicants provide such
information among a range of other
specified fields.
While the 1952 Act did not expressly
include a provision on the effect of a
pardon on excludability, the Board of
Immigration Appeals (BIA) held in 1954
that such pardons also remove
1 See
24 FR 6678 (Aug. 18, 1959).
1952 Act referred to ‘‘classes of aliens [that]
shall be ineligible to receive visas and [that] shall
be excluded from admission into the United States’’
(emphasis added). The Illegal Immigration Reform
and Immigration Responsibility Act of 1996
(IIRIRA), 110 Stat. 3009–546, introduced the
language of ‘‘inadmissible aliens’’ as part of a
broader reorganization of the INA.
2 The
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Fmt 4700
Sfmt 4700
67857
excludability under now-INA section
212(a)(2)(A)(i). Matter of H—, 6 I&N
Dec. 90, 96 (BIA 1954) (‘‘As long as
there is a full and unconditional pardon
granted by the President or by a
Governor of a State covering the crime
which forms the ground of
deportability, whether in exclusion or
expulsion, the immunizing feature of
the pardon clause applies . . .’’)
(emphasis added).
Following promulgation of the
Department’s 1959 rule, amendments to
the Immigration and Nationality Act
and multiple court decisions have
removed any ambiguity about whether
there is a statutory basis to except
individuals from inadmissibility under
INA section 212(a)(2)(A)(i) or INA
section 212(a)(2)(B) based on a
gubernatorial pardon. Congress revised
the grounds of deportation relating to
convictions of crimes involving moral
turpitude and aggravated felonies under
section 602(a) of the Immigration Act of
1990 (‘‘IMMACT 90’’) and, among the
revisions, added a new clause to that
ground expressly authorizing waivers of
that ground in cases of certain pardons,
including gubernatorial pardons. In the
same Act, Congress similarly revised the
INA’s ground of inadmissibility in INA
section 212(a)(2)(A)(i) for conviction of
certain crimes to include a separate
clause of exceptions to that ground and
did not include any such language
excepting applicants from ineligibility if
their relevant conviction had been
pardoned. Congress also subsequently
amended INA section 222(a) to no
longer expressly require that all
immigrant visa applicants provide
information on a previous pardon or
amnesty.3
In more recent years, courts have also
consistently reached the opposite
conclusion of Matter of H— regarding
the effect of a pardon on a conviction
that leads to criminal-related
inadmissibility, like the court’s findings
in Wojciechowicz. Each court that has
considered the effect of a gubernatorial
pardon on admissibility has uniformly
found that Congress did not include an
exception to inadmissibility under INA
section 212(a)(2)(A)(i) based on having
received a pardon as it had done in the
corresponding section outlining the
criminal grounds for deportation. For
example, in Balogun vs. U.S. Attorney
General, a case involving a
gubernatorial pardon, the Eleventh
Circuit held that because the criminalrelated inadmissibility ground ‘‘does not
have a pardon provision like [8 U.S.C.]
3 Immigration and Nationality Technical
Corrections Act of 1994, Public Law 103–416,
Section 205(a).
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67856-67857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18824]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 573
[Docket No. FDA-2024-F-3879]
Food Additives Permitted in Feed and Drinking Water of Animals;
Fermented Ammoniated Condensed Whey
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the food
additive regulations to update the production organism Lactobacillus
bulgaricus that has been scientifically reclassified to Lactobacillus
delbrueckii. This action is being taken to improve the accuracy and
clarity of the regulations.
DATES: This rule is effective August 22, 2024.
FOR FURTHER INFORMATION CONTACT: Chelsea Cerrito, Center for Veterinary
Medicine, Division of Animal Food Ingredients, Food and Drug
Administration, 12225 Wilkins Ave., Rockville, MD 20852, 240-402-6729,
[email protected].
SUPPLEMENTARY INFORMATION: FDA is amending the food additive regulation
at 21 CFR 573.450 Fermented ammoniated condensed whey for use in animal
feed to update the production organism Lactobacillus bulgaricus that
has been scientifically reclassified to Lactobacillus delbrueckii. This
action is being taken to improve the accuracy and clarity of the
regulations.
Publication of this document constitutes final action under the
Administrative Procedure Act (5 U.S.C. 553). FDA has determined that
notice and public comment are unnecessary because this amendment to the
regulations provides only technical changes to update scientific
nomenclature and is nonsubstantive.
List of Subjects in 21 CFR Part 573
Animal feeds, Food additives.
Therefore, under the Federal Food, Drug, and Cosmetic Act, and the
Public Health Service Act, and under the authority delegated to the
Commissioner of Food and Drugs, 21 CFR part 573 is amended as follows:
PART 573--FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF
ANIMALS
0
1. The authority citation for part 573 continues to read as follows:
Authority: 21 U.S.C. 321, 342, 348.
Sec. 573.450 [Amended]
0
2. In Sec. 573.450, in paragraph (a), remove ``Lactobacillus
bulgaricus'' and in its place add ``Lactobacillus delbrueckii''.
[[Page 67857]]
Dated: August 16, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-18824 Filed 8-21-24; 8:45 am]
BILLING CODE 4164-01-P
