Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 16285 

after the first day of the first quarter 

after applicable regulatory approval. 

The Commission has determined, with 

the concurrence of the Administrator of 

the Office of Information and Regulatory 

Affairs of OMB, that this rule is not a 

‘‘major rule’’ as defined in section 351 of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–6739 Filed 3–22–11; 8:45 am] 

BILLING CODE 6717–01–P 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 410 

Amendments to the Water Quality 

Regulations, Water Code and 

Comprehensive Plan To Update Water 

Quality Criteria for Toxic Pollutants in 

the Delaware Estuary and Extend 

These Criteria to Delaware Bay 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Final rule. 

SUMMARY: By Resolution No. 2010–13 on 

December 8, 2010, the Delaware River 

Basin Commission (DRBC or 

‘‘Commission’’) approved amendments 

to its Water Quality Regulations, Water 

Code and Comprehensive Plan to 

update the Commission’s human health 

and aquatic life stream quality 

objectives (also called water quality 

criteria) for toxic pollutants in the 

Delaware Estuary (DRBC Water Quality 

Zones 2 through 5) and extended 

application of the criteria to Delaware 

Bay (DRBC Water Quality Zone 6). 

DATES: Effective Date: March 23, 2011. 

The incorporation by reference of the 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of March 23, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the technical basis for 

the rule, please contact Dr. Ronald 

MacGillivray at 609–477–7252. 

SUPPLEMENTARY INFORMATION: The 

Delaware River Basin Commission is a 

federal-state regional agency charged 

with managing the water resources of 

the Delaware River Basin without regard 

to political boundaries. Its members are 

the governors of the four basin states— 

Delaware, New Jersey, New York, and 

Pennsylvania—and the North Atlantic 

Division Commander of the U.S. Army 

Corps of Engineers, representing the 

Federal government. 

Notice of the proposed amendments 

appeared in the Federal Register (75 FR 

41106) on July 15, 2010 as well as in the 

Delaware Register of Regulations (14 DE 

Reg. 70–83 (08/01/2010)) on August 1, 

2010, the New Jersey Register (42 N.J.R. 

1701(a)) on August 4, 2010, the New 

York State Register (p. 6) on July 21, 

2010 and the Pennsylvania Bulletin (40 

Pa. B. 4208) on July 31, 2010. A public 

hearing was held on September 23, 2010 

and written comments were accepted 

through October 1, 2010. The 

commission received two written 

submissions and no oral testimony on 

the proposed changes. The Commission 

made minor revisions to the proposed 

amendments in response to the 

comments received. A comment and 

response document setting forth the 

Commission’s responses and revisions 

in detail was approved by the 

Commission simultaneously with 

adoption of the final rule. 

Resolution No. 2010–13, the text of 

the final rule, a copy of the comment 

and response document, and a basis and 

background document published 

simultaneously with the proposed rule 

are available on the Commission’s Web 

site, at http://www.state.nj.us/drbc/ 

toxics_info.htm. 

List of Subjects in 18 CFR Part 410 

Incorporation by reference, Water 

audit, Water pollution control, Water 

reservoirs, Water supply, Watersheds. 

For the reasons set forth in the 

preamble, the Delaware River Basin 

Commission amends part 410 of title 18 

of the Code of Federal Regulations as 

follows: 

PART 410—BASIN REGULATIONS; 

WATER CODE AND ADMINISTRATIVE 

MANUAL—PART III WATER QUALITY 

REGULATIONS 

■ 1. The authority citation for part 410 

continues to read as follows: 

Authority: Delaware River Basin Compact, 

75 Stat. 688. 

■ 2. Amend § 410.1 by revising the first 

sentence of paragraph (c) to read as 

follows: 

§ 410.1 Basin regulations—Water Code 

and Administrative Manual—Part III Water 

Quality Regulations. 

* * * * * 

(c) Work, services, activities and 

facilities affecting the conservation, 

utilization, control, development or 

management of water resources within 

the Delaware River Basin are subject to 

regulations contained within the 

Delaware River Basin Water Code with 

Amendments Through December 8, 

2010 and the Administrative Manual— 

Part III Water Quality Regulations with 

Amendments Through December 8, 

2010. * * * 

Dated: March 15, 2011. 

Pamela M. Bush, 

Commission Secretary. 

[FR Doc. 2011–6636 Filed 3–22–11; 8:45 am] 

BILLING CODE 6360–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2002–F–0198] (formerly 

Docket No. 2002F–0316) 

Food Additives Permitted for Direct 

Addition to Food for Human 

Consumption; Bacteriophage 

Preparation 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; response to 

objections and denial of requests for a 

hearing and stay of effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is responding to 

objections and is denying requests that 

it has received for a hearing on the final 

rule that amended the food additive 

regulations to provide for the use of a 

bacteriophage preparation as an 

antimicrobial agent against Listeria 

monocytogenes on ready-to-eat (RTE) 

meat and poultry products. After 

reviewing the objections to the final rule 

and the requests for a hearing, the 

Agency has concluded that the 

objections do not raise issues of material 

fact that justify a hearing or otherwise 

provide a basis for revoking the 

amendment to the regulation. FDA also 

is denying the request for a stay of the 

effective date of the final rule. 

DATES: Effective date of the final rule 

published in the Federal Register of 

August 18, 2006 (71 FR 47729) 

confirmed: August 18, 2006. 

FOR FURTHER INFORMATION CONTACT: 

James C. Wallwork, Center for Food 

Safety and Applied Nutrition (HFS– 

265), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740–3835, 301–436–1303. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

FDA published a notice in the Federal 

Register of July 22, 2002 (67 FR 47823), 

announcing the filing of food additive 

petition, FAP 2A4738, by Intralytix Inc., 

to amend the food additive regulations 

by providing for the safe use of a 


erowe on DSK5CLS3C1PROD with RULES