[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20984] [[Page Unknown]] [Federal Register: August 25, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 177 [Docket No. 92F-0327] Indirect Food Additives: Polymers 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 safe use of an aromatic petroleum hydrocarbon resin, hydrogenated, as a component of polypropylene intended for food-contact use. This action is in response to a petition filed by Arakawa Chemical Industries, Ltd. DATES: Effective August 25, 1994; written objections and requests for a hearing by September 26, 1994. The Director of the Office of the Federal Register approves the incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of certain publications in 21 CFR 177.1520(b), effective August 25, 1994. ADDRESSES: Submit written objections to the Dockets Management Branch (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: Julius Smith, Center for Food Safety and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C St. SW., Washington, DC 20204, 202-254-9500. SUPPLEMENTARY INFORMATION: In a notice published in the Federal Register of September 22, 1992 (57 FR 43740), FDA announced that a food additive petition (FAP 2B4338) had been filed by Arakawa Chemical Industries, Ltd., c/o 1001 G St. NW., suite 500 West, Washington, DC 20001. The petition proposed that the food additive regulations be amended to provide for the safe use of an aromatic petroleum hydrocarbon resin, hydrogenated, as a component of polypropylene intended for food-contact use. FDA has evaluated the data in the petition and other relevant material and concludes that the proposed use of the food additive in polypropylene articles in contact with food is safe. The agency has also concluded that the additive will have the intended technical effect, and that, therefore, Sec. 177.1520 should be amended as set forth below. In accordance with Sec. 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 21 CFR 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 September 26, 1994, 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 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 177 Food additives, Food packaging, Incorporation by reference. 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 177 is amended as follows: PART 177--INDIRECT FOOD ADDITIVES: POLYMERS 1. The authority citation for 21 CFR part 177 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 177.1520 is amended in the table in paragraph (b) by alphabetically adding a new entry under the headings ``Substance'' and ``Limitations'' to read as follows: Sec. 177.1520 Olefin polymers. * * * * * (b) * * * ------------------------------------------------------------------------ Substance Limitations ------------------------------------------------------------------------ Aromatic petroleum hydrocarbon resin, For use only as an adjuvant at hydrogenated (CAS Reg. No. 88526-47- levels not to exceed 25 percent 0), produced by the catalytic by weight in blends with polymerization of aromatic- polypropylene complying with substituted olefins from distillates paragraph (c), item 1.1 of this of cracked petroleum stocks with a section. The finished polymer boiling point no greater than 220 may be used in contact with food deg.C (428 deg.F), and the Types I, II, IV-B, VI-A through subsequent catalytic hydrogenation VI-C, VII-B, and VIII identified of the resulting aromatic petroleum in Table 1 of Sec. 176.170(c) of hydrocarbon resin, having a minimum this chapter and under softening point of 110 deg.C (230 conditions of use B through H deg.F), as determined by ASTM Method described in Table 2 of Sec. E 28-67 (Reapproved 1982), 176.170(c) of this chapter; and ``Standard Test Method for Softening with food Types III, IV-A, V, Point by Ring-and-Ball Apparatus,'' VII-A, and IX identified in and a minimum aniline point of 107 Table 1 of Sec. 176.170(c) of deg.C (225 deg.F), as determined by this chapter and under ASTM Method D 611-82, ``Standard conditions of use D through G Test Methods for Aniline Point and described in Table 2 of Sec. Mixed Aniline Point of Petroleum 176.170(c) of this chapter. Products and Hydrocarbon Solvents,'' both of which are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103, or from the Division of Petition Control, Center for Food Safety and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C St. SW., Washington, DC 20204, or may be examined at the Office of the Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC. * * * * * * * ------------------------------------------------------------------------ * * * * * Dated: August 18, 1994. Fred R. Shank, Director, Center for Food Safety and Applied Nutrition. [FR Doc. 94-20984 Filed 8-24-94; 8:45 am] BILLING CODE 4160-01-F