Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26359 

have received or lack thereof in the 

Federal Register. 

IX. References 

The following references are on 

display with the Dockets Management 

Staff (see ADDRESSES) and are available 

for viewing by interested persons 

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

through Friday; they also are available 

electronically at https://

www.regulations.gov. References that 

are published articles and books are not 

on display. 

1. Memorandum from H. Lee, Division of 

Petition Review, Office of Food Additive 

Safety (OFAS), CFSAN, FDA to J. 

Thomas, Division of Petition Review, 

OFAS, CFSAN, FDA, dated April 27, 

2018. 

2. Choi H, R. Harrison, H. Komulainen, et al., 

‘‘Polycyclic Aromatic Hydrocarbons.’’ 

WHO Guidelines for Indoor Air Quality: 

Selected Pollutants. Geneva: World 

Health Organization; 2010. 

3. Brune H., R. P. Deutsch-Wenzel, M. Habs, 

et al., ‘‘Investigation of the Tumorigenic 

Response to Benzo(a)pyrene in Aqueous 

Caffeine Solution Applied Orally to 

Sprague-Dawley Rats,’’ Journal of Cancer 

Research and Clinical Oncology, 

102(2):153–157, 1981. 

4. Memorandum from N. Anyangwe, Division 

of Petition Review, OFAS, CFSAN, FDA 

to J. Thomas, Division of Petition 

Review, OFAS, CFSAN, FDA, dated 

April 27, 2018. 

5. Memorandum from the Indirect Additives 

Branch, FDA, to the Executive Secretary, 

Quantitative Risk Assessment 

Committee, FDA, concerning 

‘‘Estimation of the Upper-bound Lifetime 

Risk from Polynuclear Aromatic 

Hydrocarbons (PAH’s) in High-Purity 

Furnace Black (HPFB): subject of Food 

Additive Petition No. 5B4464 (Cabot 

Corp.),’’ dated May 9, 1996. 

List of Subjects in 21 CFR Part 74 

Color additives, Cosmetics, Drugs. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 74 is 

amended as follows: 

PART 74—LISTING OF COLOR 

ADDITIVES SUBJECT TO 

CERTIFICATION 

■ 1. The authority citation for part 74 

continues to read as follows: 

Authority: 21 U.S.C. 321, 341, 342, 343, 

348, 351, 352, 355, 361, 362, 371, 379e. 

■ 2. Section 74.3054 is added to subpart 

D to read as follows: 

§ 74.3054 D&C Black No. 4. 

(a) Identity. The color additive D&C 

Black No. 4 is a high-purity carbon 

black prepared by the oil furnace 

process. It is manufactured by the 

combustion of aromatic petroleum oil 

feedstock and consists essentially of 

pure carbon, formed as aggregated fine 

particles with a surface area range of 50 

to 260 meters (m)2/gram. 

(b) Specifications. D&C Black No. 4 

must conform to the following 

specifications and must be free from 

impurities other than those named to 

the extent that such other impurities 

may be avoided by good manufacturing 

practice: 

(1) Surface area by nitrogen BET 

(Brunauer, Emmett, Teller) method, 50 

to 260 m2/gram. 

(2) Weight loss on heating at 950 °C 

for 7 minutes (predried for 1 hour at 125 

°C), not more than 2 percent. 

(3) Ash content, not more than 0.15 

percent. 

(4) Arsenic (total), not more than 3 

milligrams per kilogram (mg/kg) (3 parts 

per million). 

(5) Lead (total), not more than 10 mg/ 

kg (10 parts per million). 

(6) Mercury (total), not more than 1 

mg/kg (1 part per million). 

(7) Total sulfur, not more than 0.65 

percent. 

(8) Total polycyclic aromatic 

hydrocarbons (PAHs), not more than 0.5 

mg/kg (500 parts per billion). 

(9) Benzo[a]pyrene, not more than 

0.005 mg/kg (5 parts per billion). 

(10) Dibenz[a,h]anthracene, not more 

than 0.005 mg/kg (5 parts per billion). 

(11) Total color (as carbon), not less 

than 95 percent. 

(c) Uses and restrictions. (1) D&C 

Black No. 4 may be safely used at a level 

not to exceed 1.0 percent by weight of 

the suture material for coloring ultrahigh molecular weight polyethylene 

non-absorbable sutures for general 

surgical use. 

(2) Authorization and compliance 

with this use must not be construed as 

waiving any of the requirements of 

sections 510(k), 515, and 520(g) of the 

Federal Food, Drug, and Cosmetic Act 

with respect to the ultra-high molecular 

weight polyethylene surgical sutures in 

which D&C Black No. 4 is used. 

(d) Labeling. The label of the color 

additive must conform to the 

requirements of § 70.25 of this chapter. 

(e) Certification. All batches of D&C 

Black No. 4 must be certified in 

accordance with regulations in part 80 

of this chapter. 

Dated: June 1, 2018. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2018–12218 Filed 6–6–18; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 1, 8, 16, and 40 

[Docket No. FR–6102–F–01] 

RIN 2501–AD88 

Removal of Cross References to 

Previously Removed Appendices and 

Subpart 

AGENCY: Office of General Counsel, 

HUD. 

ACTION: Final rule. 

SUMMARY: This final rule corrects HUD’s 

regulations by removing cross references 

to appendices and a subpart that were 

removed by earlier rulemakings. In 

1995, HUD removed several appendices 

throughout HUD’s regulations deemed 

unnecessary or obsolete. In 1996, HUD 

consolidated its hearing procedures for 

nondiscrimination and equal 

opportunity matters in a new CFR part 

and removed the subpart of another. 

Cross-references to the removed 

appendices and subpart were not 

removed, however. This final rule 

corrects HUD’s regulations by removing 

cross references to these nonexistent 

appendices and subpart. 

DATES: Effective July 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Pereira, Associate General 

Counsel, Office of Legislation and 

Regulations, Department of Housing and 

Urban Development, 451 7th Street SW, 

Room 10282, Washington, DC 20410; 

telephone number 202–402–5138 (this 

is not a toll-free number). Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the Federal Relay Service at 800– 

877–8339 (this is a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 11, 1995 (60 FR 47260), 

HUD published a final rule entitled, 

‘‘Elimination of Obsolete Parts’’ which 

removed from 24 CFR several 

appendices deemed obsolete and 

unnecessary. HUD undertook the 

regulation consistent with the 

‘‘Regulatory Reinvention Initiative,’’ 

which required federal agencies to 

eliminate outdated regulations and 

modify others to reduce regulatory 

burden. Among the provisions removed 

were appendix A in 24 CFR part 1, 

appendices A and B in 24 CFR part 8, 

appendix A in 24 CFR part 16, and 

appendix A in 24 CFR part 40. 

On October 4, 1996 (61 FR 52216), 

HUD published a final rule entitled, 

‘‘Consolidated HUD Hearing Procedures 

for Civil Rights Matters,’’ which revised 


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26360 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 

1 2 U.S.C. 1532. 

2 2 U.S.C. 1534. 

HUD’s regulations by removing 

descriptions of nondiscrimination and 

equal opportunity hearing procedures 

from individual sections and 

consolidating those descriptions in a 

new part, 24 CFR part 180. As part of 

the 1996 final rule, HUD removed 

subpart E of 24 CFR part 8. 

HUD has determined that while these 

1995 and 1996 rules removed the abovementioned appendices and subpart, 

cross references to these nonexistent 

appendices and subpart remain in title 

24. 

II. This Final Rule 

This final rule removes cross 

references in title 24 to the nonexistent 

appendices and subpart. In 24 CFR part 

16, however, removing the references to 

the nonexistent appendices requires that 

HUD revise § 16.3 to keep the meaning 

of the regulation the same. The deleted 

appendix in 24 CFR part 16 contained 

the address for Privacy Act inquiries, 

and this rule replaces the reference to 

the removed appendix with the current 

contact address for HUD’s Privacy Act 

Officer. In removing 24 CFR part 40, 

appendix A, HUD decided to no longer 

provide a copy of the Uniform Federal 

Accessibility Standards text in its 

regulation, given that the information is 

publicly available and HUD’s appendix 

would be outdated every time the 

United States Access Board updated the 

standards. HUD is not providing an 

updated cross-reference in 24 CFR part 

40 but notes in this final rule that the 

public may access the most current 

Uniform Federal Accessibility 

Standards by visiting the website for the 

United States Access Board at 

www.access-board.gov. 

III. Justification for Final Rulemaking 

HUD generally publishes a rule for 

public comment before issuing a rule for 

effect, in accordance with its own 

regulations on rulemaking at 24 CFR 

part 10. Part 10 provides for exceptions 

to the general rule if the agency finds 

good cause to omit advance notice and 

public participation. The good cause 

requirement is satisfied when prior 

public procedure is ‘‘impracticable, 

unnecessary, or contrary to the public 

interest’’ (24 CFR 10.1; see also 5 U.S.C. 

553(b)). HUD finds that public notice 

and comment are unnecessary for this 

rulemaking because this rule removes 

cross references to appendices and to a 

subpart which have already been 

removed by previous rulemaking, and, 

as such, this rule does not establish or 

affect substantive policy. This rule 

corrects HUD’s regulations and 

eliminates confusion resulting from 

having cross references to appendices 

and to a subpart that no longer exist. For 

these reasons, HUD has determined that 

it is unnecessary to delay the 

effectiveness of this rule to solicit prior 

public comment. 

IV. Findings and Certification 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Because HUD 

has determined that good cause exists to 

issue this rule without prior public 

comment, this rule is not subject to the 

requirement to publish an initial or final 

regulatory flexibility analysis under the 

RFA as part of such action. 

Unfunded Mandates Reform 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 1

requires that an agency prepare a 

budgetary impact statement before 

promulgating a rule that includes a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of 

UMRA also requires an agency to 

identity and consider a reasonable 

number of regulatory alternatives before 

promulgating a rule.2 However, the 

UMRA applies only to rules for which 

an agency publishes a general notice of 

proposed rulemaking. As discussed 

above, HUD has determined, for good 

cause, that prior notice and public 

comment is not required on this rule 

and, therefore, the UMRA does not 

apply to this final rule. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

State and local governments and is not 

required by statute, or the rule preempts 

State law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

rule will not have federalism 

implications and would not impose 

substantial direct compliance costs on 

State and local governments or preempt 

State law within the meaning of the 

Executive order. 

Environmental Review 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this final rule 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

List of Subjects 

24 CFR Part 1 

Administrative practice and 

procedure, Civil rights, Reporting and 

recordkeeping requirements. 

24 CFR Part 8 

Administrative practice and 

procedure, Civil rights, Equal 

employment opportunity, Grant 

programs—housing and community 

development, Individuals with 

disabilities, Loan programs—housing 

and community development, Reporting 

and recordkeeping requirements. 

24 CFR Part 16 

Privacy. 

24 CFR Part 40 

Individuals with disabilities, Public 

housing, Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons 

discussed in this preamble, HUD 

amends 24 CFR parts 1, 8, 16, and 40 

as follows: 

PART 1—NONDISCRIMINATION IN 

FEDERALLY ASSISTED PROGRAMS 

OF THE DEPARTMENT OF HOUSING 

AND URBAN DEVELOPMENT— 

EFFECTUATION OF TITLE VI OF THE 

CIVIL RIGHTS ACT OF 1964 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 42 U.S.C. 2000d–1 and 3535(d). 

§ 1.3 [Amended] 

■ 2. Amend § 1.3 by removing ‘‘, 

including any program or activity 

assisted under the statutes listed in 

appendix A of this part 1’’ from the first 

sentence and by removing the last two 

sentences of the section. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26361 

PART 8—NONDISCRIMINATION 

BASED ON HANDICAP IN FEDERALLY 

ASSISTED PROGRAMS AND 

ACTIVITIES OF THE DEPARTMENT OF 

HOUSING AND URBAN 

DEVELOPMENT 

■ 3. The authority citation for part 8 

continues to read as follows: 

Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) 

and 5309. 

§ 8.1 [Amended] 

■ 4. In § 8.1, amend paragraph (b) by 

removing the reference ‘‘subparts D and 

E’’ and adding in its place ‘‘subpart D’’. 

§ 8.2 [Amended] 

■ 5. Amend § 8.2 by removing the last 

sentence of the section. 

§ 8.4 [Amended] 

■ 6. In § 8.4, amend paragraph (c)(2) by 

removing the parenthetical ‘‘(see 

appendix B)’’. 

PART 16—IMPLEMENTATION OF THE 

PRIVACY ACT OF 1974 

■ 7. The authority citation for part 16 

continues to read as follows: 

Authority: 5 U.S.C. 552(a); 42 U.S.C. 

3535(d). 

§ 16.2 [Amended] 

■ 8. In § 16.2, amend paragraph (b)(2) by 

removing the phrase ‘‘, identified in 

Appendix A to this part,’’. 

§ 16.3 [Amended] 

■ 9. In § 16.3, amend paragraph (a) by 

removing the phrase ‘‘first address listed 

in Appendix A to this part’’ and adding 

in its place ‘‘following address: Privacy 

Act Officer, Department of Housing and 

Urban Development, 451 7th St. SW, 

Room 10139, Washington, DC 20410’’. 

§ 16.4 [Amended] 

■ 10. In § 16.4, amend paragraph (a) by 

removing the phrase ‘‘identified in 

Appendix A to this part’’. 

PART 40—ACCESSIBILITY 

STANDARDS FOR DESIGN, 

CONSTRUCTION, AND ALTERATION 

OF PUBLICLY OWNED RESIDENTIAL 

STRUCTURES 

■ 11. The authority citation for part 40 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d), 4153. 

§ 40.2 [Amended] 

■ 12. In § 40.2, amend paragraph (b)(3) 

by removing ‘‘contained in appendix A 

to this part’’. 

§ 40.4 [Amended] 

■ 13. Amend § 40.4 by removing ‘‘the 

specifications contained in appendix A 

to this part,’’. 

Dated: May 30, 2018. 

J. Paul Compton, Jr., 

General Counsel. 

[FR Doc. 2018–12274 Filed 6–6–18; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

32 CFR Part 806 

[Docket ID: USAF–2017–HQ–0001] 

RIN 0701–AA76 

Air Force Freedom of Information Act 

Program 

AGENCY: Department of the Air Force, 

DoD. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

Department of the Air Force’s regulation 

concerning the Freedom of Information 

Act program. On February 6, 2018, the 

DoD published a revised FOIA program 

rule as a result of the FOIA 

Improvement Act of 2016. When the 

DoD FOIA program rule was revised, it 

included DoD component information 

and removed the requirement for 

component supplementary rules. The 

DoD now has one DoD-level rule for the 

FOIA program at 32 CFR part 286 that 

contains all the codified information 

required for the Department. Therefore, 

this part can be removed from the CFR. 

DATES: This rule is effective on June 7, 

2018. 

FOR FURTHER INFORMATION CONTACT: BaoAnh Trinh at 703–614–8500. 

SUPPLEMENTARY INFORMATION: It has been 

determined that publication of this CFR 

part removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on removing the Air Force’s 

internal policies and procedures that are 

publically available on the Air Force’s 

website. 

The Department of the Air Force’s 

internal guidance concerning the 

implementation of the FOIA within the 

Department of the Air Force will 

continue to be published in Air Force 

Manual 33–302 (available at http://

static.e-publishing.af.mil/production/1/ 

saf_cio_a6/publication/dodm5400.07_

afman33-302/dodm5400.07_afman33- 

302.pdf). 

This rule is one of 14 separate DoD 

FOIA rules. With the finalization of the 

DoD-level FOIA rule at 32 CFR part 286, 

the Department is eliminating the need 

for this separate FOIA rule and reducing 

costs to the public as explained in the 

preamble of the DoD-level FOIA rule 

published at 83 FR 5196–5197. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 806 

Freedom of information. 

PART 806—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 806 is removed. 

Bao-Anh Trinh, 

Air Force Federal Register Liaison Officer. 

[FR Doc. 2018–12237 Filed 6–6–18; 8:45 am] 

BILLING CODE 5001–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0088] 

RIN 1625–AA08 

Special Local Regulation; Tred Avon 

River, Between Bellevue, MD and 

Oxford, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

certain waters of the Tred Avon River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters located between Bellevue, MD, 

and Oxford, MD, during a swim event 

on June 9, 2018. If necessary, due to 

inclement weather, the event will be 

rescheduled to June 10, 2018. This 

action will prohibit persons and vessels 

from being in the regulated area unless 

authorized by the Captain of the Port 

Maryland—National Capital Region or 

Coast Guard Patrol Commander. 

DATES: This rule is effective from 8:30 

a.m. on June 9, 2018 through 11 a.m. on 

June 10, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0088 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 


sradovich on DSK3GMQ082PROD with RULES