### 49120 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations

pertain to food and therefore should not be construed to be a statement of the likelihood that section 301(ll) of the FD&C Act applies. X. Objections

This rule is effective as shown in the

**DATES** section of this document; except as to any provisions that may be stayed by the filing of proper objections. Any person who will be adversely affected by this regulation may file with the Division of Dockets Management (see

**ADDRESSES** ) either electronic or written objections. 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. It is only necessary to send one set of documents. Identify documents 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 Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. We will publish notice of the objections that we have received or lack thereof in the Federal Register

. XI. References

The following references have been placed on display in the Division of Dockets Management (see **ADDRESSES**) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday, and are available electronically at http:// www.regulations.gov. (FDA has verified the Web site addresses, but FDA is not responsible for any subsequent changes to Web sites after this document publishes in the Federal Register .)

1. M. A. B. Habib, M. Parvin, T. C. Huntington, and M. R. Hasan. 2008. ‘‘A Review on Culture, Production and Use of Spirulina as Food for Humans and Feeds for Domestic Animals and Fish.’’ FAO Fisheries and Aquaculture Circular No. 1034. Rome, FAO ( ftp://ftp.fao.org/ docrep/fao/011/i0424e/i0424e00.pdf ). 2. Memorandum from N. Belai, Color Technology Team, OCAC, CFSAN, FDA to F. Ellison, Division of Petition Review, OFAS, CFSAN, FDA, December 12, 2012. 3. Letter from L. Tarantino, Office of Food Additive Safety, CFSAN, FDA to J. Dore, Cyanotech Corporation, Agency Response Letter GRAS Notice No. GRN 000127, October 6, 2003, (http:// www.fda.gov/Food/ IngredientsPackagingLabeling/GRAS/ NoticeInventory/ucm153944.htm ). 4. Letter from D. Keefe, Office of Food Additive Safety, CFSAN, FDA to S. Cho, Nutra Source, Agency Response Letter GRAS Notice No. GRN 000394, June 4, 2012, (http://www.fda.gov/Food/ IngredientsPackagingLabeling/GRAS/ NoticeInventory/ucm313046.htm ). 5. Letter from D. Keefe, Office of Food Additive Safety, CFSAN, FDA to J. Endres, AIBMR Life Sciences, Inc., Agency Response Letter GRAS Notice No. GRN 000417, August 10, 2012, (http://www.fda.gov/Food/ IngredientsPackagingLabeling/GRAS/ NoticeInventory/ucm319628.htm ). 6. Letter from D. Keefe, Office of Food Additive Safety, CFSAN, FDA to H. Newman, Desert Lake Technologies, LLC, Agency Response Letter GRAS Notice No. GRN 000424, December 6, 2012, (http://www.fda.gov/Food/ IngredientsPackagingLabeling/GRAS/ NoticeInventory/ucm335743.htm ). 7. Memorandum from D. Folmer, Division of Petition Review, CFSAN, FDA to F. Ellison, Division of Petition Review, CFSAN, FDA, May 31, 2012. 8. Memorandum from G. Erives, Division of Petition Review, CFSAN, FDA to F. Ellison, Division of Petition Review, CFSAN, FDA, October 2, 2012. List of Subjects in 21 CFR Part 73

Color additives, Cosmetics, Drugs, Medical devices.

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 73 is amended as follows:

**PART 73—LISTING OF COLOR ADDITIVES EXEMPT FROM**  **CERTIFICATION**

■ 1. The authority citation for 21 CFR part 73 continues to read as follows:

Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e.

■ 2. Add § 73.530 to subpart A to read as follows:

**§ 73.530 Spirulina extract.**

(a) Identity. (1) The color additive spirulina extract is prepared by the filtered aqueous extraction of the dried biomass of Arthrospira platensis. The color additive contains phycocyanins as the principal coloring components. (2) Color additive mixtures for food use made with spirulina extract may contain only those diluents that are suitable and are listed in this subpart as safe for use in color additive mixtures for coloring foods.

(b) Specifications. Spirulina extract 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) Lead, not more than 2 milligrams per kilogram (mg/kg) (2 part per million (ppm));

(2) Arsenic, not more than 2 mg/kg (2 ppm);

(3) Mercury, not more than 1 mg/kg (1 ppm); and

(4) Negative for microcystin toxin. (c) Uses and restrictions. Spirulina extract may be safely used for coloring candy and chewing gum at levels consistent with good manufacturing practice, except that it may not be used to color foods for which standards of identity have been issued under section 401 of the Federal Food, Drug, and Cosmetic Act, unless the use of the added color is authorized by such standards.

(d) Labeling requirements. The label of the color additive and of any mixture prepared therefrom intended solely or in part for coloring purposes must conform to § 70.25 of this chapter.

(e) Exemption from certification. Certification of this color additive is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification requirements of section 721(c) of the Federal Food, Drug, and Cosmetic Act.

Dated: August 6, 2013. Susan M. Bernard, Director, Office of Regulations, Policy and Social Sciences, Center for Food Safety and Applied Nutrition.
[FR Doc. 2013–19550 Filed 8–12–13; 8:45 am]

**BILLING CODE 4160–01–P**

**DEPARTMENT OF THE INTERIOR**

**Bureau of Indian Affairs**

**25 CFR Part 11**

**[BIA–2013–0001; 134/A0J351010.999900/ AAKL008000]** 

**RIN 1076–AF16**

**Courts of Indian Offenses**

**AGENCY :**  Bureau of Indian Affairs, Interior.

**ACTION :**  Final rule.


### 49121 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations

**SUMMARY :**  The Bureau of Indian Affairs (BIA) is confirming the interim final rule published and effective on March 3, 2013, addressing the addition of two Indian tribes to the list of tribes with Courts of Indian Offenses (also known as CFR Courts), and deletion of five tribes from those under the jurisdiction of CFR Courts. The March 3, 2013, publication stated that the BIA would review comments on the interim final rule and either confirm the rule or initiate a proposed rulemaking. BIA did not receive any comments, and therefore confirms the rule without change.

**DATES :**  Effective August 13, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Elizabeth Appel, Acting Director, Office of Regulatory Affairs & Collaborative Action, (202) 273–4680; elizabeth.appel@bia.gov.

**SUPPLEMENTARY INFORMATION :**  This rule revises a section of 25 CFR part 11 to add the following Indian tribes to the list of tribes with established Courts of Indian Offenses (also known as CFR Courts): The Seneca-Cayuga Tribe and the Skull Valley Band of Goshute Indians. Adding these tribes will allow for the administration of justice untilthe added tribes put into effect a lawand-order code that establishes a court system that meets regulatory requirements or until the tribe adopts a legal code and establishes a judicial system in accordance with its constitution and bylaws or other governing documents.

The rule also revises a section of 25 CFR 11.100(c) to remove five tribes from the list of those with established CFR Courts. The tribes removed from the list are the Seminole Nation, the Miami Tribe, the Wyandotte Tribe, the Choctaw Nation of Oklahoma, and the Quapaw Tribe of Indians.

On March 3, 2013, we published an interim final rule with a request for comment at 78 FR 14017. We stated in the interim final rule that we would review any comments received and, by a future publication, address any comments received and either confirm the interim final rule with or without change or initiate a proposed rulemaking. We received no comments on the interim final rule.

Therefore, the interim rule published March 3, 2013, at 78 FR 14017, is confirmed as final without change.

Dated: August 1, 2013. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
[FR Doc. 2013–19596 Filed 8–12–13; 8:45 am]

**BILLING CODE 4310–W7–P DEPARTMENT OF HOMELAND**  **SECURITY**

**Coast Guard**

**33 CFR Part 165**

**[Docket No. USCG–2013–0103]**

**Safety Zone; Luna Pier Fireworks, Luna Pier, MI** 

**AGENCY :**  Coast Guard, DHS.

**ACTION :**  Notice of enforcement of regulation.

**SUMMARY :**  The Coast Guard will enforce the safety zone for the Luna Pier Fireworks Show, Luna Pier, MI, from 9:25 p.m. until 10:25 p.m. on August 24, 2013. Enforcement of this zone is necessary to ensure the safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the associated marine event. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels on those waters of Lake Erie within a 300-yard radius of the fireworks launch site at the Clyde E. Evens Municipal Pier, located at position 41 ° 48 ′ 32 ′′ N, 83 ° 26 ′ 23 ′′ W (NAD 83) immediately prior to, during, and immediately after the fireworks event.

**DATES :**  The regulation in 33 CFR 165.941(a)(16) will be enforced from 9:25 p.m. until 10:25 p.m. on August 24,
2013.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this notice, call or email MST1 Ian Fallon, Response Department, Marine Safety Unit Toledo, 420 Madison Ave., Suite 700, Toledo, OH 43604; telephone (419) 418–6036, email Ian.M.Fallon@uscg.mil.

**SUPPLEMENTARY INFORMATION :**  The Coast Guard will enforce the safety zone listed in 33 CFR 165.941(a)(16) Luna Pier Fireworks Show, Luna Pier, MI from 9:25 p.m. to 10:35 p.m. on August 24,
2013.

Under the provisions of 33 CFR 165.23, entry into, transiting, or anchoring within this safety zone during the enforcement period is prohibited unless authorized by the Captain of the Port Detroit or his designated representative. Vessels that wish to transit through the safety zone may request permission from the Captain of the Port Detroit or his designated representative. Requests must be made in advance and approved by the Captain of Port before transits will be authorized. Approvals will be granted on a case by case basis. The Captain of the Port may be contacted via U.S. Coast Guard Sector Detroit on channel 16, VHF–FM. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is being enforced.

This notice is issued under authority of 33 CFR 165.941(a)(16) and 5 U.S.C. 552(a). If the Captain of the Port determines that the safety zone need not be enforced for the full duration stated in this notice, he or she may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners.

Dated: July 29, 2013. J. E. Ogden, Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013–19506 Filed 8–12–13; 8:45 am]

**BILLING CODE 9110–04–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**Federal Emergency Management Agency** 

**44 CFR Part 65**

**[Docket ID FEMA–2013–0002]**

**Changes in Flood Elevation Determinations** 

**AGENCY :**  Federal Emergency Management Agency, DHS.

**ACTION :**  Final rule.

**SUMMARY :**  Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.

**DATES :**  The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.

**ADDRESSES :**  The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

**FOR FURTHER INFORMATION CONTACT :**  Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov.

**SUPPLEMENTARY INFORMATION :**  The Federal Emergency Management Agency (FEMA) makes the final determinations