33846 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations

This document corrects some errors

published in T.D. 96–48.

Several errors involved the

Background discussion under the

SUPPLEMENTARY INFORMATION portion of

the document. In the discussion of the

effective date of the final regulations in

relation to previously-published final

regulations regarding country of origin

rules for textile products, reference was

inadvertently made to July 1, 1996, thus

creating some confusion since the

EFFECTIVE DATE portion of T.D. 96–48

specified August 5, 1996. In addition,

four Harmonized Tariff Schedule of the

United States (HTSUS) heading or

subheading references were

inadvertently omitted from the list of

conforming changes made to the

regulatory texts to reflect the 1996

version of the HTSUS.

Two errors also appeared in the final

regulatory texts in the table under

§ 102.20 which sets forth the specific

rules by tariff classification. First, in the

second tariff shift rule for subheading

2836.99, the words ‘‘other than to

bismuth carbonate’’ were omitted, with

the result that the rule as published

overlaps with the first tariff shift rule for

that subheading and thus does not

properly reflect the changes made in the

1996 HTSUS. Second, the final

regulatory texts inadvertently failed to

implement a proposal, set forth in a

document published in the Federal

Register on May 5, 1995 (60 FR 22312),

to remove the Note to Section XVI

which, as stated in that May 5, 1995,

document, would no longer be

necessary in view of a proposed change

to § 102.17(e) that was adopted in the

final regulatory texts.

Corrections of Publication

Accordingly, the document published

in the Federal Register as T.D. 96–48 on

June 6, 1996 (61 FR 28932) is corrected

as set forth below.

Corrections to the Background Section

1. On page 28934, in the first column

in the second full paragraph, in the

second sentence, the words ‘‘will take

effect on July 1, 1996, when’’ are

corrected to read ‘‘will not take effect

before’’.

2. On page 28934, in the third column

under the heading ‘‘Changes to Conform

to 1996 HTSUS’’, after the colon in the

third sentence, the reference ‘‘1517.90,’’

is added after ‘‘0901.90,’’.

3. On page 28935, in the first column,

the references ‘‘8545.11, 8547.90, 8548,’’

are added at the end of the first line after

‘‘8543.40–8543.89,’’.

Corrections to the Final Regulations

4. On page 28961, in the ‘‘Tariff shift

and/or other requirements’’ column

opposite the ‘‘HTSUS’’ column listing

for 2836.99, in the second tariff shift

rule, the words ‘‘other than to bismuth

carbonate’’ are added after the words ‘‘A

change to subheading 2836.99’’.

5. On page 28971, the Note to Section

XVI is removed.

Dated: June 26, 1996.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 96–16743 Filed 6–28–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 96F–0052]

Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers

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 additional safe use of

dimethyldibenzylidene sorbitol as a

clarifying agent for propylene

homopolymers and high-propylene

copolymer articles intended for contact

with food. This action is in response to

a petition filed by Milliken & Co.

DATES: Effective July 1, 1996; written

objections and requests for a hearing by

July 31, 1996.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Vir

D. Anand, Center for Food Safety and

Applied Nutrition (HFS–216), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3081.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

February 26, 1996 (61 FR 7111), FDA

announced that a food additive petition

(FAP 6B4495) had been filed by

Milliken & Co., c/o Keller and Heckman,

1001 G St. NW., suite 500 West,

Washington, DC 20001. The petition

proposed to amend the food additive

regulations in § 178.3295 Clarifying

agents for polymers (21 CFR 178.3295)

to provide for the additional safe use of

dimethyldibenzylidene sorbitol as a

clarifying agent for olefin polymers

complying with § 177.1520 (21 CFR

177.1520), items 1.1, 3.1, and 3.2, for

contact with food under condition of

use A, described in Table 2 of

§ 176.170(c) of this chapter.

FDA has evaluated data in the

petition and other relevant material. The

agency concludes that the proposed use

of the additive is safe, that the additive

will have the intended technical effect,

and that the regulations in § 178.3295

should be amended as set forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition 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.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

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.

Any person who will be adversely

affected by this regulation may at any

time on or before July 31, 1996, file with

the Dockets Management Branch

(address above) written objections

thereto. 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
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Rules and Regulations 33847

shall be submitted and shall 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 178

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 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 178.3295 is amended in the

table by revising the entry for

‘‘Dimethyldibenzylidene sorbitol’’ to

read as follows:

§ 178.3295 Clarifying agents for polymers.

* * * * *

Substances Limitations

* * * * *

Dimethyldibenzylidene

sorbitol (CAS Reg.

No 135861–56–2).

For use only as a

clarifying agent at a

level not to exceed

0.4 percent by

weight of olefin

polymers complying

with § 177.1520(c)

of this chapter,

items 1.1, 3.1, and

3.2, where the copolymers complying

with items 3.1 and

3.2 contain not less

than 85 weight percent of polymer

units derived from

polypropylene. The

finished polymers

shall be used in

contact with food

under conditions of

use A through H

described in Table

2 of § 176.170(c) of

this chapter.

* * * * *

Dated: June 12, 1996.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 96–16662 Filed 6–28–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

29 CFR Parts 2509, 2520 and 2550

RIN 1210–AA51

Removal of Interpretive Bulletins and

Regulations Relating to ERISA

AGENCY: Pension and Welfare Benefits

Administration, DOL.

ACTION: Final rule.

SUMMARY: This rule removes from the

Code of Federal Regulations certain

interpretive bulletins and regulations (or

portions thereof) under the Employee

Retirement Income Security Act of 1974

(ERISA), that the Department of Labor

(the Department) believes are obsolete

(collectively, the obsolete regulations).

The obsolete regulations generally

provided transitional relief for plan

sponsors, plan administrators, and

others subject to the requirements of

title I of ERISA, in coming into

compliance with ERISA’s requirements

in the first several years following

ERISA’s enactment in 1974. Because the

election periods or dates of applicability

under these rules have expired, the

Department believes that the regulations

are no longer needed. In other instances,

the obsolete regulations are unnecessary

because they merely provide notice of a

rescission or withdrawal of prior

guidance or regulations, or were

rendered ineffective by a subsequent

Supreme Court decision.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Katherine D. Lewis, Office of

Regulations and Interpretations, Pension

and Welfare Benefits Administration,

U.S. Department of Labor, Rm. N–5669,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210 (telephone

(202) 219–7461), or Vicki Shteir-Dunn,

Plan Benefits Security Division, Office

of the Solicitor, U.S. Department of

Labor, Rm. N–4611, 200 Constitution

Ave., N.W., Washington, D.C. 20210

telephone (202) 219–8610).

SUPPLEMENTARY INFORMATION: In

accordance with the President’s

Executive Order No. 12866 of

September 1993, ‘‘Regulatory Planning

and Review,’’ and the President’s

directive of March 4, 1995, ‘‘Regulatory

Reinvention Initiative,’’ the Department

has undertaken to identify and

eliminate regulations which are no

longer needed. Pursuant to a review of

regulations under the Employee

Retirement Income Security Act of 1974

(ERISA), the Department identified 28

interpretive bulletins and regulations (or

portions thereof) which it believes to be

obsolete. Nearly all of these interpretive

bulletins and regulations were issued

over fifteen years ago. This rule removes

these interpretive bulletins, regulations

and paragraphs of regulations from the

Code of Federal Regulations, and makes

conforming amendments where

necessary to accommodate the removal

of identified provisions. In order to

ensure that members of the public had

the opportunity to comment, the

Department initially published this rule

in the Federal Register (61 FR 14690,

April 3, 1996) as a notice of proposed

rulemaking. The Department received

one public comment, which was fully

supportive of the proposal.

The rule removes the obsolete

regulations prospectively, as of the date

of publication of this final rule, and has

no effect on their legal effectiveness

prior to that date. Following is a brief

description of each of the obsolete

interpretive bulletins and regulations (or

portions thereof) removed by the

Department. All of these items were in

title 29 of the Code of Federal

Regulations.

I. Part 2509—Interpretive Bulletins

Relating to the Employee Retirement

Income Security Act of 1974

This rule removes interpretive

bulletins 75–1, 75–7, 76–2 and 76–3

from subchapter A, part 2509 of the

Code of Federal Regulations (29 CFR

§§ 2509.75–1, 2509.75–7, 2509.76–2 and

2509.76–3). In addition, the rule

removes paragraph (b) of interpretive

bulletin 75–2 (29 CFR 2509.75–2).

Interpretive bulletin 75–1 outlined

and clarified section 414(c)(4) of ERISA,

which provided that sections 406 and

407(a) of ERISA (relating to prohibited

transactions) are not applicable to the

provision of certain services between a

plan and a party in interest before June

30, 1977, if certain conditions described

in that section are met. Interpretive

bulletin 75–7 supplemented interpretive

bulletin 75–1 and provided examples of

its application. Interpretive bulletins

76–2 and 76–3 merely gave notice of the

rescission or withdrawal of earlier

guidance relating to the definition of

‘‘seasonal industries,’’ a matter now

under the jurisdiction of the Internal

Revenue Service pursuant to

Reorganization Plan No. 4 of 1978.

Paragraph (b) of interpretive bulletin

75–2 took the position that

consideration paid for a contract or

policy of insurance issued to a plan

would not be considered plan assets if

placed in the general account of the

issuing insurance company, and

therefore could not give rise to