50496 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules

circumstances exist that would warrant a food additive petition (FAP 1A4828), equipment. The proposal would offer at least an environmental assessment submitted by Mushrooms mine operators flexibility to devise a (see 21 CFR 25.21). If FDA determines Unlimited Company, Tullygony, safety program that is appropriate for a categorical exclusion applies, neither Tyholland, , H18 their specific mining conditions and an environmental assessment nor an FW95, Ireland. The petition proposes to operations. environmental impact statement is amend the food additive regulations in DATES: Comments must be received or required. If FDA determines a § 172.382 (21 CFR 172.382) Vitamin D2 postmarked by midnight Eastern Time categorical exclusion does not apply, we mushroom powder to provide for the on November 8, 2021. will request an environmental safe use of vitamin D mushroom 2 ADDRESSES: Submit comments and assessment and make it available for powder produced by exposing dried and informational materials, identified by public inspection. powdered edible cultivars of Agaricus RIN 1219–AB91 or Docket No. MSHA– Dated: September 2, 2021. bisporus to ultraviolet light. The petitioner has claimed that this 2018–0016 by one of the following Lauren K. Roth, methods: action is categorically excluded under • Acting Principal Associate Commissioner for 21 CFR 25.32(k) because the substance Federal eRulemaking Portal: http:// Policy. is intended to remain in food through www.regulations.gov. Follow the online [FR Doc. 2021–19405 Filed 9–8–21; 8:45 am] ingestion by consumers and is not instructions for submitting comments. • Email: zzMSHA-comments@ BILLING CODE 4164–01–P intended to replace macronutrients in dol.gov. food. In addition, the petitioner has • Mail: MSHA, Office of Standards, stated that, to their knowledge, no DEPARTMENT OF HEALTH AND Regulations, and Variances, 201 12th extraordinary circumstances exist that HUMAN SERVICES Street South, Suite 4E401, Arlington, would warrant at least an environmental Virginia 22202–5452. Food and Drug Administration assessment (see 21 CFR 25.21). If FDA • Hand Delivery or Courier: 201 12th determines a categorical exclusion Street South, Suite 4E401, Arlington, 21 CFR Part 172 applies, neither an environmental Virginia, between 9:00 a.m. and 5:00 assessment nor an environmental [Docket No. FDA–2021–F–0926] p.m. Monday through Friday, except impact statement is required. If FDA federal holidays. Before visiting MSHA determines a categorical exclusion does Monaghan Mushrooms Ireland in person, call 202–693–9455 to make not apply, we will request an Unlimited Company; Filing of Food an appointment, in keeping with the environmental assessment and make it Additive Petition Department of Labor’s COVID–19 available for public inspection. policy. Special health precautions may AGENCY: Food and Drug Administration, Dated: September 2, 2021. be required. HHS. Lauren K. Roth, • Fax: 202–693–9441. ACTION: Notification of petition. Acting Principal Associate Commissioner for Instructions: All submissions must Policy. include RIN 1219–AB91 or Docket No. SUMMARY: The Food and Drug Administration (FDA or we) is [FR Doc. 2021–19409 Filed 9–8–21; 8:45 am] MSHA 2018–0016. Do not include announcing that we have filed a BILLING CODE 4164–01–P personal or proprietary information that petition, submitted by Monaghan you do not wish to disclose publicly. If Mushrooms Ireland Unlimited a commenter marks parts of a comment Company, proposing that the food DEPARTMENT OF LABOR as ‘‘business confidential’’ information, additive regulations be amended to MSHA will not post those parts of the Mine Safety and Health Administration comment. Otherwise, MSHA will post provide for the safe use of vitamin D2 mushroom powder produced by all comments without change, including 30 CFR Parts 56, 57 and 77 exposing dried and powdered edible personal information. Docket: For access to the docket to cultivars of Agaricus bisporus to [Docket No. MSHA–2018–0016] read comments and background ultraviolet light. RIN 1219–AB91 documents, go to http:// DATES: The food additive petition was www.regulations.gov. The docket can filed on June 8, 2021. Safety Program for Surface Mobile also be reviewed in person at MSHA, ADDRESSES: For access to the docket to Equipment Office of Standards, Regulations, and read background documents or AGENCY: Mine Safety and Health Variances, 201 12th Street South, comments received, go to https:// Administration, Labor. Arlington, Virginia, between 9:00 a.m. www.regulations.gov and insert the and 5:00 p.m. Monday through Friday, docket number found in brackets in the ACTION: Proposed rule; request for comments. except federal holidays. Before visiting heading of this document into the MSHA in person, call 202–693–9455 to ‘‘Search’’ box and follow the prompts, SUMMARY: The Mine Safety and Health make an appointment, in keeping with and/or go to the Dockets Management Administration (MSHA) is proposing to the Department of Labor’s COVID–19 Staff, 5630 Fishers Lane, Rm. 1061, require that mine operators employing policy. Special health precautions may Rockville, MD 20852. six or more miners develop and be required. FOR FURTHER INFORMATION CONTACT: implement a written safety program for Email Notification: To subscribe to Katie Overbey, Center for Food Safety mobile and powered haulage equipment receive an email notification when and Applied Nutrition, Food and Drug (excluding belt conveyors) at surface MSHA publishes rulemaking documents Administration, 5001 Campus Dr., mines and surface areas of underground in the Federal Register, go to https:// College Park, MD 20740, 240–402–7536. mines. The written safety program public.govdelivery.com/accounts/ SUPPLEMENTARY INFORMATION: Under the would include actions mine operators USDOL/subscriber/new. Federal Food, Drug, and Cosmetic Act would take to identify hazards and risks Information Collection Requirements: (section 409(b)(5) (21 U.S.C. 348(b)(5)), to reduce accidents, injuries, and Comments concerning the information we are giving notice that we have filed fatalities related to surface mobile collection requirements of this proposal

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