40496 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

whichever of the following months is

earlier—

(i) The month in which a warrant or

order for the individual’s arrest or

apprehension, an order requiring the

individual’s appearance before a court

or other appropriate tribunal (e.g., a

parole board), or similar order is issued

by a court or other duly authorized

tribunal on the basis of an appropriate

finding that the individual—

(A) Is fleeing, or has fled, to avoid

prosecution as described in paragraph

(a)(1) of this section;

(B) Is fleeing, or has fled, to avoid

custody or confinement after conviction

as described in paragraph (a)(2) of this

section;

(C) Is violating, or has violated, a

condition of his or her probation or

parole as described in paragraph (a)(3)

of this section; or

(ii) The first month during which the

individual fled to avoid such

prosecution, fled to avoid such custody

or confinement after conviction, or

violated a condition of his or her

probation or parole, if indicated in such

warrant or order, or in a decision by a

court or other appropriate tribunal.

(2) An individual will not be

considered to be ineligible for SSI

benefits and benefit payments will not

be suspended under this section for any

month prior to August 1996.

(c) Resumption of payments. If

benefits are otherwise payable, they will

be resumed effective with the first

month throughout which the individual

is determined to be no longer fleeing to

avoid such prosecution, fleeing to avoid

such custody or confinement after

conviction, or violating a condition of

his or her probation or parole.

[FR Doc. 00–16553 Filed 6–29–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 176

[Docket Nos. 94F–0185 and 95F–0111]

Indirect Food Additives: Paper and

Paperboard Components

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 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine), as a slimicide in the

manufacture of paper and paperboard

intended to contact food. This action is

in response to petitions filed by Great

Lakes Chemical Corp. and Lonza, Inc.

DATES: This rule is is effective June 30,

2000. Submit written objections and

requests for a hearing by July 31, 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:

Vivian M. Gilliam, Center for Food

Safety and Applied Nutrition (HFS–

215), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3094.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

June 14, 1994 (59 FR 30595), FDA

announced that a food additive petition

(FAP 4B4418) had been filed by Great

Lakes Chemical Corp., P.O. Box 2200,

West Lafayette, IN 47906–0200. The

company is currently represented by

Keller and Heckman, 1001 G St. NW.,

suite 500 West, Washington, DC 20001.

The Great Lakes petition proposed to

amend the food additive regulations in

§ 176.300 Slimicides (21 CFR 176.300)

to provide for the safe use of 1-bromo3-chloro-5,5-dimethylhydantoin (CAS

Reg. No. 16079–88–2) as a slimicide in

the manufacture of paper and

paperboard intended to contact food.

Thereafter, in a notice published in

the Federal Register of June 14, 1995

(60 FR 31319), FDA announced that a

food additive petition (FAP 3B4382) had

been filed by Lonza, Inc., c/o Delta

Analytical Corp., 7910 Woodmont Ave.,

Bethesda, MD 20814. Lonza, Inc., is

currently represented by Lewis and

Harrison, 122 C St. NW., suite 740,

Washington, DC 20001. The Lonza

petition proposed to amend the food

additive regulations in § 176.300 to

provide for the safe use of a mixture of

1-bromo-3-chloro-5,5-

dimethylhydantoin, 1,3-dichloro-5,5-

dimethylhydantoin, and 1,3-dichloro-5-

ethyl-5-methylhydantoin as a slimicide

in the manufacture of paper and

paperboard intended to contact food.

In the filing notice for FAP 4B4418,

the additive was identified as 1-bromo3-chloro-5,5-dimethylhydantoin (CAS

Reg. No. 16079–88–2). This

nomenclature and this CAS Reg. No.

apply to a single discrete substance;

however, the additive is actually an

equilibrium isomeric mixture of

halogenated 5,5-dimethylhydantoin

species. Subsequent to the filing of the

petition, Great Lakes Chemical Corp.

and FDA agreed that the additive is

more appropriately identified as 1,3-

dihalo-5,5-dimethylhydantoin (where

the dihalo (halogen) may be bromine

and/or chlorine).

In the filing notice for FAP 3B4382,

the additive was identified as a mixture

of 1-bromo-3-chloro-5,5-

dimethylhydantoin and 1,3-dichloro5,5-dimethylhydantoin and 1,3-

dichloro-5-ethyl-5-methylhydantoin.

However, the additive is actually an

equilibrium isomeric mixture of

halogenated 5,5-dimethylhydantoin and

5-ethyl-5-methyl hydantoin species.

Lonza, Inc., and FDA agreed that the

additive is more appropriately

identified as 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(dihalo (halogen) may be bromine and/

or chlorine). This description includes

the use proposed by both Great Lakes

Chemical Corp. and Lonza, Inc.

Therefore, this final rule responds to

both petitions.

FDA has evaluated data in the

petitions and other relevant material.

Based on this information, the agency

concludes that: (1) The proposed use of

the additive, 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine), as a slimicide in the

manufacture of paper and paperboard

intended to contact food is safe; (2) the

additive will achieve its intended

technical effect; and therefore, (3) the

regulations in § 176.300 should be

amended as set forth below.

The additive, 1,3–dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) intended for use as a slimicide

in the manufacture of paper and

paperboard intended to contact food is

regulated under section 409 of the

Federal Food, Drug, and Cosmetic Act

(the act) (21 U.S.C. 348) as a food

additive and not as a pesticide chemical

under section 408 of the act (21 U.S.C.

346a). However, this intended use of

1,3-dihalo-5,5-dimethylhydantoin

(where the dihalo (halogen) may be

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40497

bromine and/or chlorine) that may

contain no more than 20 weight percent

1,3-dihalo-5-ethyl-5-methylhydantoin

(where the dihalo (halogen) may be

bromine and/or chlorine) may,

nevertheless, be subject to regulation as

a pesticide under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA). Therefore, manufacturers

intending to use food-contact articles

containing 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) as a slimicide in the

manufacture of paper and paperboard

intended to contact food should contact

the Environmental Protection Agency to

determine whether this use requires a

pesticide registration under FIFRA.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petitions and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petitions 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.

When both petitions were filed, they

each contained an environmental

assessment (EA). In the respective

notices of filing, the agency announced

that it was placing the EA’s on display

at the Dockets Management Branch for

public review and comment. No

comments were received on either EA.

In addition, prior to completing our

review of the EA submitted in FAP

3B4382, Lonza, Inc., submitted a claim

of categorical exclusion under 21 CFR

25.32(q).

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that this

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

This 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.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by July 31, 2000. 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 176

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 176 is

amended as follows:

PART 176—INDIRECT FOOD

ADDITIVES: PAPER AND

PAPERBOARD COMPONENTS

1. The authority citation for 21 CFR

part 176 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 346, 348,

379e.

2. Section 176.300 is amended in the

table in paragraph (c) by alphabetically

adding an entry under the headings

‘‘List of substances’’ and ‘‘Limitations’’

to read as follows:

§ 176.300 Slimicides.

* * * * *

(c) * * *

List of substances Limitations

*******

1,3-Dihalo-5,5-dimethylhydantoin (where the dihalo (halogen) may be

bromine and/or chlorine) that may contain no more than 20 weight

percent 1,3-dihalo-5-ethyl-5-methylhydantoin (where the dihalo (halogen) may be bromine and/or chlorine).

At a maximum level of 1.0 kilogram (kg) per 1,000 kg of dry weight

fiber.

*******

40498 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

* * * * *

Dated: June 15, 2000.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 00–16527 Filed 6–29–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Mine Safety and Health Administration

(MSHA)

30 CFR Part 3

Office of Management and Budget

Control Numbers Under the Paperwork

Reduction Act

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: MSHA (we) are revising

section 3.1 of part 3 of our regulations

in order to update the display of Office

of Management and Budget (OMB)

control numbers approved under the

Paperwork Reduction Act of 1995 (PRA

95). The display references regulations

promulgated under the Federal Mine

Safety and Health Act of 1977

containing recordkeeping and reporting

requirements along with their associated

OMB control numbers. This revision

will assist the public search for current

information on recordkeeping and

reporting requirements approved by

OMB.

EFFECTIVE DATE: June 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Carol J. Jones, Director; Office of

Standards, Regulations, and Variances,

MSHA; 703–235–1910.

SUPPLEMENTARY INFORMATION: We

published a final rule presenting the

OMB control numbers in a new table

format which was codified in 30 CFR

Part 3 on June 29, 1995 (60 FR 33719).

This fulfilled the requirements of 44

U.S.C. 3507(f) of PRA 95 which

prohibits an agency from engaging in a

collection of information without

displaying the control number obtained

from OMB. Under PRA 95, no person is

required to respond to a collection of

information unless a valid OMB control

number is displayed.

We are now publishing a revision to

update our current display of control

numbers issued by OMB for information

collection. This includes the addition of

control numbers approved by OMB in

regulations completed through the

rulemaking process since publication of

part 3 on June 29, 1995 (60 FR 33719).

There are no substantive changes or

renewals made to information collection

requirements by this technical

amendment. Information collection

requirements go through the public

review process as part of the rule to

which they apply. Likewise, the renewal

of an OMB control number also requires

public review. As a result, we find that

there is ‘‘good cause’’ under 5 U.S.C.,

553 (b)(3)(B) of the Administrative

Procedure Act (APA) to issue this

technical amendment to Table 1 in 30

Part 3 without prior public notice and

comment.

We have also determined there is no

need to delay the effective date because

the technical amendment contains no

new requirements for which the public

would need time to plan compliance

beyond that provided for in the

regulation itself. We find, therefore,

there is ‘‘good cause’’ to except this

action from the 30-day delayed effective

date requirement under 5 U.S.C.

553(b)(B) of the Administrative

Procedure Act (APA).

List of Subjects in 30 CFR Part 3

Reporting and recordkeeping

requirements.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

Accordingly, under the authority of

30 U.S.C. 957, chapter I of title 30, Code

of Federal Regulations is amended as set

forth below.

PART 3—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

1. The authority for part 3 continues

to read as follows:

Authority: 30 U.S.C. 957; 44 U.S.C. 3501–

3520.

2. Amend § 3.1 by revising Table 1 to

read as follows:

§ 3.1 OMB control numbers.

* * * * *

TABLE 1.—OMB CONTROL NUMBERS

30 CFR citation OMB control no.

Subchapter B—Testing, Evaluation, and Approval of Mining Products

7.3 ........................................................................................................................................................................................ 1219–0100

7.4 ........................................................................................................................................................................................ 1219–0100

7.6 ........................................................................................................................................................................................ 1219–0100

7.7 ........................................................................................................................................................................................ 1219–0100

7.23 ...................................................................................................................................................................................... 1219–0100

7.27 ...................................................................................................................................................................................... 1219–0100

7.28 ...................................................................................................................................................................................... 1219–0100

7.43 ...................................................................................................................................................................................... 1219–0100

7.46 ...................................................................................................................................................................................... 1219–0100

7.47 ...................................................................................................................................................................................... 1219–0100

7.48 ...................................................................................................................................................................................... 1219–0100

7.51 ...................................................................................................................................................................................... 1219–0100

7.63 ...................................................................................................................................................................................... 1219–0100

7.66 ...................................................................................................................................................................................... 1219–0100

7.67 ...................................................................................................................................................................................... 1219–0100

7.68 ...................................................................................................................................................................................... 1219–0100

7.69 ...................................................................................................................................................................................... 1219–0100

7.71 ...................................................................................................................................................................................... 1219–0100

7.83 ...................................................................................................................................................................................... 1219–0119

7.90 ...................................................................................................................................................................................... 1219–0119

7.97 ...................................................................................................................................................................................... 1219–0119

7.105 .................................................................................................................................................................................... 1219–0119

7.303 .................................................................................................................................................................................... 1219–0100

7.306 .................................................................................................................................................................................... 1219–0100