8537 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. (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. (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. 
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 
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121 U.S.C. 801–971. 2Public Law 113–143, 128 Stat. 1750 (2014). 
35 U.S.C. 553. 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 § 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 DEPARTMENT OF JUSTICE 
Drug Enforcement Administration 
21 CFR Part 1301 
[Docket No. DEA–1043] 
RIN 1117–AB82 
Conforming Amendment Regarding 
the Veterinary Medicine Mobility Act of 2014 
AGENCY : Drug Enforcement 
Administration (DEA), Department of Justice. 
ACTION : Final rule. 
SUMMARY : 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. 
DATES : 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. 
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.
1The 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.
2The 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),
3agencies 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 
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