[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Rules and Regulations]
[Pages 12996-12997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6777]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1220

[Docket No. 98N-0135]


Revocation of Regulations Under the Tea Importation Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is revoking the 
regulations under the Tea Importation Act. This action is in response 
to the passage of the Federal Tea Tasters Repeal Act on April 9, 1996, 
that repealed the Tea Importation Act of 1897. In addition, the agency 
is withdrawing the proposed rule that announced the agency's intentions 
to implement the Tea Importation Act in the wake of the agency's 
appropriation for fiscal year (FY) 1996, which did not provide funds to 
operate the Board of Tea Experts. The proposal has been rendered moot 
by the repeal of the Tea Importation Act.

DATES: The regulation is effective April 17, 1998. Comments by April 
16, 1998.
ADDRESSES: Submit written comments to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, 12430 Parklawn Dr., rm. 1-23, 
Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Hilario R. Duncan, Center for Food 
Safety and Applied Nutrition (HFS-24), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-8281.

SUPPLEMENTARY INFORMATION: On April 9, 1996, President Clinton signed 
into law the Federal Tea Tasters Repeal Act of 1996 (Pub. L. 104-128). 
This act repealed the Tea Importation Act of 1897 (21 U.S.C. 41 et 
seq.), eliminating the Board of Tea Experts and related programs that 
prohibited the importation of tea that does not meet the standards 
established by FDA for purity, quality, and fitness for consumption. 
The regulations implementing the Tea Importation Act of 1897 are 
codified in part 1220 (21 CFR part 1220).
    In view of Congress' repeal of the Tea Importation Act of 1897, the 
legal authority under which part 1220 was issued, and the elimination 
of the Board of Tea Experts, the agency has concluded that part 1220 
should be revoked. In addition, the agency is withdrawing the proposal 
published in the Federal Register of February 7, 1996 (61 FR 4597). The 
proposal announced the agency's intentions to implement the Tea 
Importation Act in the wake of the agency's appropriation for FY 1996, 
which did not provide funds to operate the Board of Tea Experts. The 
proposal has been rendered moot by the repeal of the Tea Importation 
Act.
    Therefore, in accordance with the Federal Tea Tasters Repeal Act of 
1996, FDA is revoking ``Part 1220--Regulations Under the Tea 
Importation Act.''
    The agency has determined under 21 CFR 25.30(h) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.
    FDA is revoking part 1220 by final rule without first publishing a 
general notice of proposed rulemaking. A final regulatory analysis 
under the Regulatory Flexibility Act (5 U.S.C. 601-612) is, therefore, 
not required. The agency expects the revocation of part 1220 to reduce 
the burden on small entities. In addition, FDA has determined that this 
final rule is not a significant regulatory action for the purposes of 
Executive Order 12866.
    Because FDA is revoking regulations that were issued under legal 
authority that Congress has repealed, the agency for good cause finds 
that notice and public procedure on this rule is unnecessary and, 
therefore, not required under 5 U.S.C. 553. See Hadson Gas Systems, 
Inc. v. FERC, 75 F.3d 680 (D.C. Cir. 1996). Under 21 CFR 10.40(e), 
however, interested persons may, on or before April 16, 1998, submit to 
the Dockets Management Branch (address above) written comments 
regarding revocation of this part. Two copies of any comments are to be 
submitted, except that individuals may submit one copy. Comments are to 
be identified with the docket number found in brackets in the heading 
of this document. Received comments may be seen in the office above 
between 9 a.m. and 4 p.m., Monday through Friday.

List of Subjects in 21 CFR Part 1220

     Administrative practice and procedure, Customs duties and 
inspection, Imports, Public health, Tea.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
1220 is removed.

[[Page 12997]]

PART 1220--REGULATIONS UNDER THE TEA IMPORTATION ACT


Part 1220  [Removed]

    1. Part 1220 is removed.

    Dated: March 8, 1998.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 98-6777 Filed 3-16-98; 8:45 am]
BILLING CODE 4160-01-F