20825 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations 
(d) Subject 
Air Transport Association (ATA) of 
America Code 53, Fuselage. 
(e) Unsafe Condition 
This AD was prompted by a determination 
that undetected web fatigue cracking caused 
by oil canning may exist in the station 1440 aft pressure bulkhead web. We are issuing this AD to detect and correct fatigue cracking of the aft pressure bulkhead web, which could grow in length and ultimately reduce the structural integrity of the web and lead to rapid decompression of the airplane. 
(f) Compliance 
Comply with this AD within the 
compliance times specified, unless already 
done. 
(g) Repetitive Inspections and Related 
Investigative and Corrective Actions 
At the applicable time specified in 
paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016, except as required by paragraph (h)(1) of this AD: Do all applicable actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, in accordance with the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016, except as required by paragraph (h)(2) of this AD. 
(1) Do a detailed inspection of the station 
1440 aft pressure bulkhead web for any oil canning. Repeat the inspection at the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016. 
(2) Do all applicable related investigative 
actions, including detailed, eddy current, and high frequency eddy current (HFEC) inspections. Repeat the applicable inspections thereafter at the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016. 
(3) Do all applicable corrective actions at 
the applicable time specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016. 
(h) Service Information Exceptions 
(1) Where Boeing 707 Alert Service 
Bulletin A3543, dated September 15, 2016, 
specifies a compliance time ‘‘after the original issue date of this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. 
(2) Where Boeing 707 Alert Service 
Bulletin A3543, dated September 15, 2016, specifies to contact Boeing for repair instructions, and specifies that action as Required for Compliance (RC), this AD requires repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. 
(i) Special Flight Permit 
Special flight permits may be issued in 
accordance with sections 21.197 and 21.199 
of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the airplane can be repaired, but if any crack is found as identified in 
Boeing 707 Alert Service Bulletin A3543, dated September 15, 2016, concurrence by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, is required before issuance of the special flight permit. 
(j) Alternative Methods of Compliance 
(AMOCs) 
(1) The Manager, Los Angeles ACO, 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 manager of the ACO, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANM-LAACO-AMOC- Requests@faa.gov. 
(2) 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. 
(3) An AMOC that provides an acceptable 
level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. 
(4) Except as required by paragraph (h) of 
this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply. 
(i) The steps labeled as RC, including 
substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. 
(ii) Steps not labeled as RC may be 
deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. 
(k) Related Information 
For more information about this AD, 
contact George Garrido, Aerospace Engineer, 
Airframe Branch, ANM–120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5232; fax: 562– 627–5210; email: george.garrido@faa.gov. 
(l) Material Incorporated by Reference 
(1) The Director of the Federal Register 
approved the incorporation by reference 
(IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information 
as applicable to do the actions required by this AD, unless the AD specifies otherwise. 
(i) Boeing 707 Alert Service Bulletin 
A3543, dated September 15, 2016. 
(ii) Reserved. (3) For service information identified in 
this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https://www.myboeingfleet.com. 
(4) You may view this service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. 
(5) You may view this service information 
that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal-register/cfr/ibr- locations.html. 
Issued in Renton, Washington, on April 24, 
2017. 
Paul Bernado, Acting Manager, Transport Airplane 
Directorate, Aircraft Certification Service. 
[FR Doc. 2017–08828 Filed 5–3–17; 8:45 am] 
BILLING CODE 4910–13–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Parts 11 and 101 
[Docket No. FDA–2011–F–0172] 
RIN 0910–ZA48 
Food Labeling; Nutrition Labeling of 
Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Interim final rule; extension of 
compliance date; request for comments. 
SUMMARY : The Food and Drug 
Administration (FDA or we) is extending the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. In the Federal Register of December 30, 2016, we 
stated that the compliance date for the final rule would be May 5, 2017. We are extending the compliance date to May 7, 2018. We are taking this action to enable us to consider how we might further reduce the regulatory burden or increase 
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flexibility while continuing to achieve 
our regulatory objectives, in keeping with the Administration’s policies. 
DATES : Compliance date: As of May 4, 
2017, the compliance date for covered establishments set out in the final rule published December 1, 2014 (79 FR 71156), and extended in final rules published on July 10, 2015 (80 FR 39675) and December 30, 2016 (81 FR 96364), is further extended. Covered establishments must comply with the rule published December 1, 2014 (79 FR 71156), by May 7, 2018. 
Comment date: Submit either 
electronic or written comments regarding this compliance date extension, implementation of the December 2014 final rule, and the various topics flagged in the 
SUPPLEMENTARY INFORMATION section of 
this document, by July 3, 2017. 
ADDRESSES : You may submit comments 
as follows. Please note that late, untimely filed comments will not be considered. The https://www.regulations.gov electronic filing 
system will accept comments until midnight Eastern Time at the end of July 3, 2017. Comments 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 comments in the 
following way: 
•Federal eRulemaking Portal: 
https://www.regulations.gov. Follow the 
instructions for submitting comments. 
Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to 
the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. 
•If you want to submit a comment 
with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions 
Submit written/paper submissions as 
follows: 
•Mail/Hand delivery/Courier (for 
written/paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
•For written/paper comments 
submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ 
Instructions: All submissions received 
must include the Docket No. FDA– 2011–F–0172 for ‘‘Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments.’’ Received comments, those filed in a timely manner (see 
DATES ), 
will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. 
•Confidential Submissions—To 
submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/ blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both 
copies to the Division of Dockets Management. 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 Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
FOR FURTHER INFORMATION CONTACT : 
Felicia B. Billingslea, Center for Food Safety and Applied Nutrition (HFS– 820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–2371. 
SUPPLEMENTARY INFORMATION : 
I. Background 
In the Federal Register of December 1, 
2014 (79 FR 71156), we published a final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments. The final rule, which is now codified at § 101.11 (21 CFR 101.11), implements provisions of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) and: 
•Defines terms, including terms that 
describe criteria for determining whether an establishment is subject to the rule; 
•establishes which foods are subject 
to the nutrition labeling requirements and which foods are not subject to these requirements; 
•requires that calories for standard 
menu items be declared on menus and menu boards that list such foods for sale; 
•requires that calories for standard 
menu items that are self-service or on display be declared on signs adjacent to such foods; 
•requires that written nutrition 
information for standard menu items be available to consumers who ask to see it; 
•requires, on menus and menu 
boards, a succinct statement concerning suggested daily caloric intake (succinct statement), designed to help the public understand the significance of the calorie declarations; 
•requires, on menus and menu 
boards, a statement regarding the availability of the written nutrition information (statement of availability); 
•establishes requirements for 
determination of nutrient content of standard menu items; 
•establishes requirements for 
substantiation of nutrient content 
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determined for standard menu items, 
including requirements for records that a covered establishment must make available to FDA within a reasonable period of time upon request; and 
•establishes terms and conditions 
under which restaurants and similar retail food establishments not otherwise subject to the rule could elect to be subject to the requirements by registering with FDA. 
In the preamble to the final rule (79 
FR 71156 at 71239 through 71241), we stated that the rule would be effective on December 1, 2015, and also provided a compliance date of December 1, 2015, for covered establishments. The final rule (at § 101.11(a)) defines ‘‘covered establishment’’ as a restaurant or similar retail food establishment that is a part of a chain with 20 or more locations doing business under the same name (regardless of the type of ownership, 
e.g., individual franchises) and offering 
for sale substantially the same menu items, as well as a restaurant or similar retail food establishment that is voluntarily registered to be covered under § 101.11(d). 
II. Extension of the Compliance Date 
and Request for Comments 
In the Federal Register of July 10, 
2015 (80 FR 39675), in response to requests from affected entities, we announced our decision to extend the compliance date for the final rule to December 1, 2016. 
On December 18, 2015, the President 
signed the Consolidated Appropriations Act, 2016 (Pub. L. 114–113). Section 747 of that law states that none of the funds made available under the Consolidated Appropriations Act may be used to implement, administer, or enforce the final rule entitled ‘‘Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments’’ until the later of December 1, 2016 or 1 year after the date we publish a Level 1 guidance with respect to nutrition labeling of standard menu items in restaurants and similar retail food establishments. 
In the Federal Register of May 5, 2016 
(81 FR 27067), we announced the availability of the Level 1 guidance document and stated that enforcement of the final rule published December 1, 2014, would commence on May 5, 2017 (81 FR 27067 at 27068). In the Federal Register of December 30, 2016 (81 FR 
96364), we confirmed that the compliance date would be May 5, 2017. 
This interim final rule extends the 
compliance date to May 7, 2018. We are taking this action consistent with Executive Orders 13777, 13771, and 13563, as well as in response to the diverse and complex set of stakeholders affected by the rule and continued, numerous, and fundamental questions they raise regarding the final rule and its implementation. The continued, fundamental questions and concerns with the final rule suggest that critical implementation issues, including some related to scope, may not have been fully understood and the agency does not want to proceed if we do not have all of the relevant facts on these matters. Retailers with many different and diverse business models have raised concerns about how the rule lacks flexibility to permit them to provide meaningful nutrition information to consumers given their type of business and different operations. Moreover, we continue to receive many questions about calorie disclosure signage for self- service foods, including buffets and grab-and-go foods. We do not want to proceed with a rule that might turn out to be too inflexible to support innovation in delivering information to consumers. In addition, we have received questions regarding how to distinguish a menu, which requires the posting of calorie information, from advertisements and other marketing pieces, which do not require calorie information. Many of these menu questions are complex and have highlighted for the agency the need for further consideration and clarification. How to address the natural calorie variations for foods has also been raised by stakeholders as an issue that needs additional guidance and clarity. Finally, some entities with certain business models have stated that they continue to have questions about what provisions of the final rule are applicable to them. We believe questions like this still need to be addressed. 
The previous extensions, as well as 
Congressional concern regarding implementation expressed through letters and appropriations law, are a reflection of the challenge in implementing this rule for a diverse industry of approximately 298,600 covered establishments, organized under 2,130 chains, that we estimated to be covered by the 2014 final rule. Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda’’ (82 FR 12285, March 1, 2017), sets forth a policy to alleviate unnecessary regulatory burdens. Given the principles and policies set forth in these executive orders, particularly with respect to reducing burdens, reducing costs, maintaining flexibility, and improving effectiveness, we have decided to extend the compliance date to May 7, 2018. The additional time will allow us to consider what opportunities there 
may be to address these fundamental and complex questions and reduce the cost and enhance the flexibility of these requirements beyond those reflected in the final rule. Given our decision to reconsider the rule consistent with these Executive Orders, it would not make sense to require establishments covered by our final rule to come into compliance with the rule (for which compliance is not yet required), as well as incur additional ongoing costs to maintain or update compliance, when these requirements may change as a result of our reconsideration of the rule. We solicit comment on the extension of the compliance date. 
To assist us in our review, we invite 
interested parties to submit comments on how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives to provide consumers with nutrition information so that they can make informed choices for themselves and their families. In particular, and in light of the issues we have noted above, we are interested in hearing about approaches to reduce the regulatory burden or increase flexibility with respect to: 
(1) Calorie disclosure signage for self- 
service foods, including buffets and grab-and-go foods; 
(2) methods for providing calorie 
disclosure information other than on the menu itself, including how different kinds of retailers might use different methods; and 
(3) criteria for distinguishing between 
menus and other information presented to the consumer. (See 
ADDRESSES for 
instructions on submitting comments.) These questions have been identified by 
stakeholders as among the fundamental issues that continue to pose significant implementation challenges. As of April 7, 2017, we have received five requests for an extension of the compliance period, which we will add to the docket. In addition, on April 5, 2017, a request to stay the effective date was submitted to FDA (see Docket No. FDA–2017–P– 2164); this request is currently under consideration. 
To the extent that 5 U.S.C. 553 applies 
to this extension of the compliance date, the action is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, to the extent that the notice-and-comment and delayed effective date requirements set forth in 5 U.S.C. 553 applies to this action, the implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based 
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on the good cause exceptions in 5 U.S.C. 
553(b)(B) and (d)(3). Given the imminence of the compliance date (May 5, 2017), and the fact that, as discussed above, a number of regulated establishments continue to raise numerous, complex questions about applicability of the menu labeling requirements and about how to implement them, we have decided that providing an opportunity for public comment would be impracticable and contrary to the public interest. This is because providing immediate notice to covered establishments of the additional time to come into compliance allows for more efficient planning and accounting for implementation of requirements, thus reducing regulatory burden and costs on affected entities. In addition, providing immediate notice that there will be additional time to comply is necessary so that affected entities can avoid incurring immediate costs and efficiently plan and account for implementation of the requirements by the imminent compliance date. Good cause exists to delay the compliance date without comment and effective immediately. In accordance with 21 CFR 10.40(e)(1), however, we note that interested parties may provide comment on the compliance date extension, including whether it should be modified or revoked. In addition, interested parties may submit comments on how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives with respect to providing consumers with nutrition information so that they can make informed choices for themselves and their families. In addition, as we have done throughout this complex rulemaking process, we will continue to work with stakeholders as we go forward. 
III. Economic Analysis of Impacts 
We have examined the impacts of the 
interim final rule under Executive Order 
12866, Executive Order 13563, Executive Order 13771, the Regulatory Flexibility Act (5 U.S.C. 601–612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive 
impacts; and equity). Executive Order 13771 requires that the costs associated with new regulations shall ‘‘be offset by the elimination of existing costs associated with at least two prior regulations.’’ We have developed an 
Economic Analysis of Impacts that assesses the impacts of the interim final rule, including cost savings to industry and foregone benefits to consumers. We estimate at least one type of impact in at least one year to be greater than $100 million. Thus, we believe that this interim final rule is an economically significant regulatory action as defined by Executive Order 12866. 
The Regulatory Flexibility Act 
requires Agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because this rule reduces the burden on covered establishments by further extending the compliance date for the ‘‘Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments’’ final rule (79 FR 71156, December 1, 2014 (final rule); 80 FR 39675, July 10, 2015 (extending the compliance date to December 1, 2016); 81 FR 96364, December 30, 2016 (clarifying extension of the compliance date to May 5, 2017)), we certify the interim final rule will not have a significant economic impact on a substantial number of small entities. 
The Unfunded Mandates Reform Act 
of 1995 (section 202(a)) requires us to prepare a written statement, which includes an assessment of anticipated costs and benefits, before issuing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.’’ The current threshold after adjustment for inflation is $148 million, using the most current (2016) Implicit Price Deflator for the Gross Domestic Product. This interim final rule would not result in an expenditure by industry in any year that meets or exceeds this amount. 
This interim final rule extends the 
compliance date to May 7, 2018, for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and similar retail food establishments. The principal benefit of this interim final rule will be the reduction in costs to covered establishments associated with extending the compliance date by one year. The total annualized benefit (i.e., 
cost savings) of this interim final rule, using a 3-percent discount rate over 20 years, would be from $2 to $6 million; with a 7-percent discount rate, the annualized benefit would be $3 to $8 million. The principal cost of this interim final rule will be the reduction in benefits to consumers associated with extending the compliance date by one year. The total annualized cost (i.e., 
foregone benefits) of this interim final rule, using a 3-percent discount rate over 20 years, would be from $5 to $15 million; with a 7-percent discount rate, the annualized cost would be $6 to $19 million. Extending the compliance date of the ‘‘Food Labeling: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments’’ final rule by one year reduces the annualized net benefits (discounted at 3 percent) approximately 
1 percent, from $506 million to $501 million. While average annualized net benefits decrease by $5 million, they are still positive. We recognize that there may be additional costs and benefits to both consumers and covered establishments that we do not have the data to quantify here. We are presenting the estimated benefits and costs of the menu labeling final rule, which takes effect according to the dates in this interim final rule. These quantitative estimates reflect an assumed baseline in which the menu labeling regulation eventually goes fully into effect. If statutory or other changes that are separate from FDA rulemaking were to impact full implementation, the quantitative benefits estimates would be lower and the quantitative cost estimates higher than shown here. We invite comment on both this Regulatory Impact Analysis and the Regulatory Impact Analysis for the December 2014 final rule. 
The full analysis of economic impacts 
is available in the docket for this interim final rule (Ref. 1) and at http://www.fda.gov/AboutFDA/ ReportsManualsForms/Reports/ EconomicAnalyses/default.htm. 
IV. Paperwork Reduction Act 
This interim 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. 
V. Analysis of Environmental Impact 
We have determined under 21 CFR 
25.30(k) that this action is of a type that 
does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. 
VI. Reference 
The following reference is on display 
in the Division of Dockets Management 
(see 
ADDRESSES ) and is available for 
viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically 
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at https://www.regulations.gov. FDA has 
verified the Web site addresses, as of the 
date this document publishes in the Federal Register, but Web sites are subject to change over time. 
1. FDA, interim economic impact analysis for 
‘‘Food Labeling; Nutrition Labeling of 
Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comment,’’ April 2017. Available at: http://www.fda.gov/AboutFDA/ ReportsManualsForms/Reports/ EconomicAnalyses. 
Dated: May 1, 2017. 
Anna K. Abram, 
Deputy Commissioner for Policy, Planning, 
Legislation, and Analysis. 
[FR Doc. 2017–09029 Filed 5–1–17; 4:15 pm] 
BILLING CODE 4164–01–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 177 
[Docket No. FDA–2016–F–1805] 
Indirect Food Additives: Polymers 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Final rule. 
SUMMARY : The Food and Drug 
Administration (FDA or we) is 
amending the food additive regulations to no longer provide for the use of potassium perchlorate as an additive in closure-sealing gaskets for food containers because this use has been abandoned. This action is in response to a petition filed by Keller and Heckman LLP on behalf of the Society of the Plastics Industry, Inc. 
DATES : This rule is effective May 4, 
2017. Submit either electronic or written objections and requests for a hearing on the final rule by June 5, 2017. See the 
ADDRESSES section, and 
SUPPLEMENTARY INFORMATION section VIII 
of this document, for further information on the filing of objections. 
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 June 5, 2017. The https:// 
www.regulations.gov electronic filing 
system will accept comments until midnight Eastern Time at the end of June 5, 2017. 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): Division of 
Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
•For written/paper objections 
submitted to the Division of Dockets Management, 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– 2016–F–1805 for ‘‘Indirect Food Additives: Polymers.’’ Received objections, those filed in a timely manner (see 
DATES ), will be placed in 
the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the 
Division of Dockets Management 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 Division of Dockets Management. 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 Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
FOR FURTHER INFORMATION CONTACT : 
Vivian Gilliam, Center for Food Safety and Applied Nutrition (HFS–275), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740–3835, 240– 402–1193. 
SUPPLEMENTARY INFORMATION : 
I. Background 
In a document published in the 
Federal Register of June 30, 2016 (81 FR 42585), we announced that we filed a food additive petition (FAP 6B4816) submitted on behalf of Society of the Plastics Industry, Inc. (SPI) by Keller and Heckman LLP, 1001 G Street NW., Suite 500 West, Washington, DC 20001. The petition proposed to amend § 177.1210 (21 CFR 177.1210) to no longer provide for the use of potassium perchlorate as an additive in closure- sealing gaskets for food containers because the use has been intentionally and permanently abandoned. 
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