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###### Department of Health and Human Services

###### Food and Drug Administration

          - 21 CFR Part 73
          - [Docket No. FDA-2007-C-0044] (formerly Docket No. 2007C-0474)

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Final rule; confirmation of effective date.

# SUMMARY:

                        The Food and Drug Administration (FDA) is confirming the effective date of December 8, 2009, for the final rule that appeared in the                         **Federal Register**                         of November 5, 2009. The final rule amended the color additive regulations to provide for the safe use of astaxanthin dimethyldisuccinate as a color additive in the feed of salmonid fish to enhance the color of their flesh.                    

# DATES:

                         The effective date for the final rule published in the                         **Federal Register**                         of November 5, 2009 (74 FR 57248) is confirmed as December 8, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Felicia M. Ellison, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1264.

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of November 5, 2009 (74 FR 57248), FDA amended the color additive regulations to add § 73.37 (21 CFR 73.37) to provide for the safe use of astaxanthin dimethyldisuccinate as a color additive in the feed of salmonid fish to enhance the color of their flesh.                

                    FDA gave interested persons until December 7, 2009, to file objections or requests for a hearing. The agency received no objections or requests for a hearing on the final rule. Therefore, FDA finds that the effective date of the final rule that published in the                     **Federal Register**                     of November 5, 2009, should be confirmed.                

# List of Subjects in 21 CFR Part 73

Color additives, Cosmetics, Drugs, Medical devices.

Therefore, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e) and under authority delegated to the Commissioner of Food and Drugs, and redelegated to the Director, Office of Food Additive Safety, notice is given that no objections or requests for a hearing were filed in response to the November 5, 2009, final rule. Accordingly, the amendments issued thereby became effective December 8, 2009.

Dated: January 22, 2010.

Mitchell A. Cheeseman,

Acting Director, Office of Food Additive Safety, Center for Food Safety and Applied Nutrition.

[FR Doc. 2010-2522 Filed 2-4-10; 8:45 am]

BILLING CODE 4160-01-S