[Federal Register: August 25, 2004 (Volume 69, Number 164)]
[Rules and Regulations]               
[Page 52169-52170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Food and Drug Administration

21 CFR Part 74

[Docket No. 1987C-0023]

Listing of Color Additives Subject to Certification; D&C Black 
No. 2; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correction.


SUMMARY: The Food and Drug Administration (FDA) is correcting a final 
rule that appeared in the Federal Register of July 28, 2004 (69 FR 
44927). The final rule amended the color additive regulations to 
provide for the safe use of D&C Black No. 2 (a high-purity furnace 
black, subject to FDA batch certification) as a color additive in the 
following cosmetics: Eyeliner, brush-on-brow, eye shadow, mascara, 
lipstick, blushers and rouge, makeup and foundation, and nail enamel. 
The action was in response to a petition filed by the Cosmetic, 
Toiletry, and Fragrance Association. The final rule published with 
inadvertent errors. This document corrects those errors.
DATES: See the first correction under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Celeste Johnston, Center for Food 
Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 
5100 Paint Branch Pkwy., College Park, MD 20740, 202-418-3423.

SUPPLEMENTARY INFORMATION: In the FR Doc. 04-17153, appearing on page 
44927, in the Federal Register of July 28, 2004, the following 
corrections are made:

1. On page 44927, in the third column, the section entitled ``DATES,'' 
is corrected to read:

    DATES: This rule is effective August 30, 2004. Submit objections 
and requests for a hearing by August 27, 2004. See section IX of 
this document for information on the filing of objections.

2. On page 44929, in the third column, under the section 
``Objections,'' the heading and paragraph are corrected to read:

IX. 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 at any time file with the Division 
of Dockets Management (see ADDRESSES) written or electronic 
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

[[Page 52170]]

objection. Three copies of all documents are to be submitted and are 
to 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 Division of Dockets Management between 
9 a.m. and 4 p.m., Monday through Friday. FDA will publish notice of 
the objections that the agency has received or lack thereof in the 
Federal Register.

    Dated: August 18, 2004.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 04-19398 Filed 8-24-04; 8:45 am]