Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 8537 

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 


lotter on DSK11XQN23PROD with RULES1
8538 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations 

1 21 U.S.C. 801–971. 

2Public Law 113–143, 128 Stat. 1750 (2014). 

3 5 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.1 The 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 113–143.2 The 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),3 agencies 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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