Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26129

the Federal Register on April 10, 2000

(65 FR 18886). That final rule corrects

FAA office addresses listed in the Code

of Federal Regulations regarding Drug

Testing Programs and Alcohol Misuse

Prevention Programs. The intended

effect of this action is to ensure that the

regulated public has correct information

regarding FAA office addresses.

DATES: This correction is effective April

10, 2000.

FOR FURTHER INFORMATION CONTACT:

Ralph Timmons, (202) 267–8442.

Correction of Publication

In final rule FR Doc. 00–8362,

beginning on page 18886 in the Federal

Register issue of April 10, 2000, make

the following corrections:

1. On page 18886, in column 3, in the

heading section, beginning on line 5,

correct the amendment number to read,

‘‘Amendment No. 121–276’’.

Issued in Washington, DC, on April 28,

2000.

Donald P. Byrne,

Assistant Chief Counsel, Regulations

Division.

[FR Doc. 00–11164 Filed 5–4–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 99F–5111]

Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of acid-catalyzed

condensation reaction products of

branched 4-nonylphenol, formaldehyde,

and 1-dodecanethiol for use as an

antioxidant in adhesives, pressuresensitive adhesives, and repeated-use

rubber articles intended for use in

contact with food. This action is in

response to a petition filed by Goodyear

Tire & Rubber Co.

DATES: This rule is effective May 5,

2000. Submit written objections and

requests for a hearing by June 5, 2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT: Vir

D. Anand, Center for Food Safety and

Applied Nutrition (HFS–215), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3081.

SUPPLEMENTARY INFORMATION: In a notice

published in theFederal Register of

December 2, 1999 (64 FR 67575), FDA

announced that a food additive petition

(FAP 0B4703) had been filed by

Goodyear Tire & Rubber Co., c/o Keller

and Heckman LLP, 1001 G St. NW.,

suite 500 West, Washington, DC 20001.

The petition proposed to amend the

food additive regulations in § 178.2010

Antioxidants and/or stabilizers for

polymers (21 CFR 178.2010) to provide

for the safe use of acid-catalyzed

condensation reaction products of

branched 4-nonylphenol, formaldehyde,

and 1-dodecanethiol for use as an

antioxidant in adhesives, pressuresensitive adhesives, and repeated-use

rubber articles intended for use in

contact with food.

FDA has evaluated the data in the

petition and other relevant material.

Based on this information, the agency

concludes that: (1) The proposed use of

the additive is safe, (2) the additive will

achieve its intended technical effect,

and (3) that the regulations in

§ 178.2010 should be amended as set

forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has previously considered

the environmental effects of this rule as

announced in the notice of filing for

FAP 0B4703 (64 FR 67575). No new

information or comments have been

received that would affect the agency’s

previous determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

This final rule contains no collections

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time on or before June 5, 2000, file with

the Dockets Management Branch

(address above) written objection

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

are to be submitted and are to be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 178

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 379e.

2. Section 178.2010 is amended in the

table in paragraph (b) by revising the

entry for ‘‘Alkylthiophenolics’’ to read

as follows:

§ 178.2010 Antioxidants and/or stabilizers

for polymers.

* * * * *

(b) * * *

26130 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

Substances Limitations

*******

Alkylthiophenolics: For use only:

1. Acid-catalyzed condensation reaction products of 4-nonylphenol,

formaldehyde, and 1-dodecanethiol (CAS Reg. No. 164907–73–7).

1. At levels not to exceed 2 percent by weight of adhesives complying

with § 175.105 of this chapter, of pressure-sensitive adhesives complying with § 175.125 of this chapter, and of rubber articles complying with § 177.2600 of this chapter.

2. Acid-catalyzed condensation reaction products of branched 4-

nonylphenol, formaldehyde, and 1-dodecanethiol (CAS Reg. No.

203742–97–6).

2. Do.

*******

Dated: April 25, 2000.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 00–11201 Filed 5–4–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–080–FOR]

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule.

SUMMARY: OSM is approving, with

certain exceptions, amendments to the

West Virginia permanent regulatory

program (hereinafter referred to as the

West Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment consists of the revisions to

the West Virginia Surface Mining

Reclamation Regulations. The

amendments are intended to improve

the operational efficiency of the West

Virginia program.

EFFECTIVE DATE: May 5, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger W. Calhoun, Director, Charleston

Field Office, 1027 Virginia Street East,

Charleston, West Virginia 25301.

Telephone: (304) 347–7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the West Virginia

Program

The Secretary of the Interior

conditionally approved the West

Virginia program on January 21, 1981.

You can find background information

on the West Virginia program, including

the Secretary’s findings, the disposition

of comments, and the conditions of the

approval in the January 21, 1981,

Federal Register at 46 FR 5915–5956.

Subsequent actions concerning the West

Virginia program and previous

amendments are codified at 30 CFR

948.10, 948.12, 948.13, 948.15, and

948.16.

II. Submission of the Amendment

By letter dated May 11, 1998

(Administrative Record Number WV

1086), the West Virginia Division of

Environmental Protection (WVDEP)

submitted an amendment to its

approved regulatory program pursuant

to the Federal regulations at 30 CFR

732.17(b). The amendment consists of

revisions to CSR 38–2, the State’s

Surface Mining Reclamation

Regulations, which the Governor signed

on April 12, 1998.

We published the proposed

rulemaking in the Federal Register on

June 15, 1998 (63 FR 32632). The public

comment period closed on July 15,

1998. Since no one requested an

opportunity to speak at a public hearing,

we did not hold a hearing.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the amendments to

the West Virginia regulatory program.

1. CSR 38–2–2 Definitions

West Virginia is amending the

definition of ‘‘Coal Remining

Operation’’ in CSR 38–2–2.25 to mean a

coal mining operation on lands which

would be eligible for expenditures

under section 22–2–4 of the West

Virginia Surface Coal Mining and

Reclamation Act (WVSCMRA). Section

22–2–4(c) provides that lands and water

eligible for reclamation are those which

were mined for coal or which were

affected by the mining, waste banks,

coal processing or other coal mining

processes, and abandoned or left in an

inadequate status prior to August 3,

1977, and for which there is no

continuing reclamation responsibility.

This language is substantively identical

to the corresponding Federal provision

in section 404 of SMCRA. Section 22–

2–4(c) also includes certain lands for

which bond forfeiture proceeds are

inadequate to completely reclaim the

site, as authorized by section 402(g)(4)

of SMCRA. Hence, the State definition

is substantively identical to the Federal

definition of ‘‘lands eligible for

remining’’ at 30 CFR 701.5, which

provides that the term ‘‘means those

lands that would otherwise be eligible

for expenditures under section 404 or

under section 402(g)(4) of the Act.’’

The State also is amending the

definition of ‘‘Remined Area’’ in CSR

38–2–2.102 to mean the area of any coal

remining operation. This definition has

no precise Federal counterpart, but we

find that it is not inconsistent with the

Federal definition of ‘‘lands eligible for

remining’’ at 30 CFR 701.5 or any other

SMCRA-related provision. Hence, it can

be approved.

2. CSR 38–2–3.14 Removal of

Abandoned Coal Refuse Disposal Piles

West Virginia has revised paragraphs

a. and b. of subsection 3.14 by replacing

the term ‘‘special permit’’ with the term

‘‘reclamation contract’’ and by replacing

‘‘permit application’’ and ‘‘application’’

with ‘‘request.’’ The State also made

numerous other revisions to this

subsection. For the reasons set forth

below, these revisions need not be

discussed here.

Subsection 3.14 authorizes the State

to issue reclamation contracts ‘‘solely

for the removal of existing abandoned