This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

49229 

Vol. 86, No. 168 

Thursday, September 2, 2021 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 275 

[FNS–2018–0043] 

RIN 0584–AE64 

Supplemental Nutrition Assistance 

Program: Non-Discretionary Quality 

Control Provisions of Title IV of the 

Agricultural Improvement Act of 2018; 

Correction 

AGENCY: Food and Nutrition Service 

(FNS), Department of Agriculture 

(USDA). 

ACTION: Correcting amendment and 

extension of comment period for interim 

final rule. 

SUMMARY: This document contains a 

correction to an interim final rule 

published in the Federal Register on 

Friday, August 13, 2021. The rule 

codifies statutory requirements enacted 

by the Agriculture Improvement Act of 

2018. This document also extends the 

comment period for the interim final 

rule. 

DATES:

Effective date: The correction is 

effective September 2, 2021. 

Comment date: The comment period 

for the interim final rule published 

August 13, 2021 (86 FR 44575), is 

extended. Written comments on the 

interim final rule must be received on 

or before November 1, 2021 to be 

assured of consideration. 

ADDRESSES: The Food and Nutrition 

Service, USDA, invites interested 

persons to submit written comments on 

the interim final rule. Comments may be 

submitted in writing by one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Send comments to Stephanie 

Proska, Branch Chief, Quality Control 

Branch, Program Accountability and 

Administration Division; Food and 

Nutrition Service; 1320 Braddock Place, 

5th Floor; Alexandria, Virginia 22314. 

• Email: Send comments to 

SNAPQCReform@usda.gov. Include 

Docket ID Number FNS–2018–0043, 

‘‘SNAP: Non-Discretionary QC 

provisions of Title IV of PL 115–334’’ in 

the subject line of the message. 

• All written comments submitted in 

response to the interim final rule will be 

included in the record and will be made 

available to the public. Please be 

advised that the substance of the 

comments and the identity of the 

individuals or entities submitting the 

comments will be subject to public 

disclosure. FNS will make the written 

comments publicly available on the 

internet via http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Proska, Food and Nutrition 

Service, 1320 Braddock Place, 5th Floor; 

Alexandria, Virginia 22314, via phone at 

(703) 305–2437 or email at 

SNAPQCReform@usda.gov. 

SUPPLEMENTARY INFORMATION: In an 

interim final rule published on Friday, 

August 13, 2021 (86 FR 44575), 

amendatory instruction 8b incorrectly 

called for revising paragraph (b) in 

§ 275.21. It should have instructed a 

revision to paragraph (b) introductory 

text. This led to the erroneous removal 

of paragraphs (b)(1) through (4). In 

addition, the preamble of the interim 

final rule discussed amending 

paragraph (b)(1) to update language 

associated with State agencies 

submitting ‘‘edited findings’’ for the 

FNS Form–380–1 and FNS Form 245 

and to update outdated language 

regarding the technology used for 

submitting findings to FNS. However, 

the amendatory text for these changes 

were erroneously excluded from the 

published rule. Therefore, this 

document makes a correcting 

amendment to § 275.21(b) to restore and 

revise the text for paragraph (b)(1) and 

restore the erroneously lost regulatory 

text for paragraphs (b)(2) through (4). 

All other regulatory provisions in the 

August 13, 2021, interim final rule 

remain unchanged. This document also 

extends the comment period for the 

interim final rule until November 1, 

2021 to provide the public ample time 

to consider these amendments. 

List of Subjects in 7 CFR Part 275 

Grant programs—social programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 7 CFR part 275 is 

corrected by making the following 

correcting amendment: 

PART 275—PERFORMANCE 

REPORTING SYSTEM 

■ 1. The authority citation for part 275 

continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 2. Section 275.21 is amended by 

adding paragraphs (b)(1) through (4) to 

read as follows: 

§ 275.21 Quality control review reports. 

* * * * * 

(b) * * * 

(1) The State agency shall utilize 

SNAPQCS, FNS’ automated, web-based 

QC System, to report all required QC 

forms, supporting evidence, and 

information necessary to understand the 

disposition and final findings for active 

and negative sampled cases to FNS. 

Upon State agency request, FNS will 

consider approval of any technical 

changes in the review results after they 

have been reported to FNS. 

(2) The State agency shall have at 

least 115 days from the end of the 

sample month to dispose of and report 

the findings of all cases selected in a 

sample month. FNS may grant 

additional time as warranted upon 

request by a State agency for cause 

shown to complete and dispose of 

individual cases. 

(3) The State agency shall supply the 

FNS Regional Office with individual 

household case records and the 

pertinent information contained in the 

individual case records, or legible 

copies of that material, as well as legible 

hard copies of individual Forms FNS– 

380, FNS–380–1, and FNS–245 or other 

FNS-approved report forms, within 10 

days of receipt of a request for such 

information. 

(4) For each case that remains 

pending 115 days after the end of the 

sample month, the State agency shall 

immediately submit a report that 

includes an explanation of why the case 

has not been disposed of, 

documentation describing the progress 

of the review to date, and the date by 

which it will be completed. If FNS 

extends the time frames in paragraph 


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49230 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

(b)(2) of this section, this date will be 

extended accordingly. If FNS 

determines that the report in the first 

sentence of this paragraph (b)(4) does 

not sufficiently justify the case’s 

pending status, the case shall be 

considered overdue. Depending upon 

the number of overdue cases, FNS may 

find the State agency’s QC system to be 

inefficient or ineffective and suspend 

and/or disallow the State agency’s 

Federal share of administrative funds in 

accordance with the provisions of 

§ 276.4. 

* * * * * 

Cynthia Long, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2021–18743 Filed 9–1–21; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2018–C–4117] 

Listing of Color Additives Exempt 

From Certification; Butterfly Pea 

Flower Extract 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the color additive regulations 

to provide for the safe use of an aqueous 

extract of butterfly pea flower (Clitoria 

ternatea) as a color additive in various 

food categories at levels consistent with 

good manufacturing practice. We are 

taking this action in response to a color 

additive petition (CAP) submitted by 

Exponent, Inc., on behalf of Sensient 

Colors, LLC (Sensient). 

DATES: This rule is effective October 5, 

2021. See section X for further 

information on the filing of objections. 

Submit either electronic or written 

objections and requests for a hearing on 

the final rule by October 4, 2021. 

ADDRESSES: You may submit objections 

and requests for a hearing as follows. 

Please note that late, untimely filed 

objections will not be considered. 

Electronic objections must be submitted 

on or before October 4, 2021. The 

https://www.regulations.gov electronic 

filing system will accept comments 

until 11:59 p.m. Eastern Time at the end 

of October 4, 2021. Objections received 

by mail/hand delivery/courier (for 

written/paper submissions) will be 

considered timely if they are 

postmarked or the delivery service 

acceptance receipt is on or before that 

date. 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Objections submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

objection will be made public, you are 

solely responsible for ensuring that your 

objection does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

objection, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit an objection 

with confidential information that you 

do not wish to be made available to the 

public, submit the objection as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper objections 

submitted to the Dockets Management 

Staff, FDA will post your objection, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2018–C–4117 for ‘‘Listing of Color 

Additives Exempt From Certification; 

Butterfly Pea Flower Extract.’’ Received 

objections, those filed in a timely 

manner (see ADDRESSES), will be placed 

in the docket and, except for those 

submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit an objection with confidential 

information that you do not wish to be 

made publicly available, submit your 

objections only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ We 

will review this copy, including the 

claimed confidential information, in our 

consideration of comments. The second 

copy, which will have the claimed 

confidential information redacted/ 

blacked out, will be available for public 

viewing and posted on https://

www.regulations.gov. Submit both 

copies to the Dockets Management Staff. 

If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper 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, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: 

Stephen DiFranco, Center for Food 

Safety and Applied Nutrition, Food and 

Drug Administration, 5001 Campus Dr., 

College Park, MD 20740–3835, 240– 

402–2710. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In a notification published in the 

Federal Register of November 13, 2018 

(83 FR 56258), we announced that we 

filed a color additive petition (CAP 

8C0313) submitted by Sensient Colors, 

LLC, c/o Exponent, Inc., 1150 

Connecticut Avenue NW, Suite 1100, 

Washington, DC 20036. The petition 

proposed to amend the color additive 

regulations in part 73 (21 CFR part 73), 

‘‘Listing of Color Additives Exempt from 

Certification,’’ to provide for the safe 

use of an aqueous extract of butterfly 

pea flower (Clitoria ternatea) as a color 


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