[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)] [Rules and Regulations] [Pages 34370-34371] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16769] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 177 [Docket No. 93F-0167] 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 Nylon 46 resins, which are manufactured by the condensation of 1,4-butanediamine and adipic acid, in membrane filters intended to contact beverages containing not more than 13 percent alcohol. This action responds to a petition filed by DSM Engineering Plastics. DATES: Effective July 2, 1996; written objections and requests for a hearing by August 1, 1996. ADDRESSES: Submit written objections to the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 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, 202-418-3091. SUPPLEMENTARY INFORMATION: In a notice published in the Federal Register of June 17, 1993 (58 FR 33447), FDA announced that a petition (FAP 3B4374) had been filed by DSM Engineering Plastics, 501 Crescent Ave., Reading, PA 19512-5051 (currently c/o Keller and Heckman, 1001 G St. NW., suite 500 West, Washington, DC 20001). The petitioner proposed to amend the food additive regulations in Sec. 177.1500 Nylon resins (21 CFR 177.1500) to provide for the safe use of Nylon 46 resins, which are manufactured by the condensation of 1,4-butanediamine and adipic acid, in membrane filters intended to contact alcoholic beverages. FDA has evaluated the data in the petition and other relevant material. The agency concludes that the proposed use of the additive is safe and that Sec. 177.1500 should therefore 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 Sec. 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 August 1, 1996, 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. [[Page 34371]] 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 177.1500 is amended by adding new paragraph (a)(15) and in the table in paragraph (b) by adding new entry ``15'' to read as follows: Sec. 177.1500 Nylon resins. * * * * * (a) * * * (15) Nylon 46 resins (CAS Reg. No. 50327-77-0) are manufactured by the condensation of 1,4-butanediamine and adipic acid. (b) * * * ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Maximum extractable fraction in selected solvents (expressed in Melting point percent by weight of resin) Nylon resins Specific (degrees Solubility in Viscosity No. (mL/ ----------------------------------------------------------------------- gravity Fahrenheit) boiling 4.2N HCL g) 95 percent ethyl Water alcohol Ethyl acetate Benzene ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * * * * * * * 15. Nylon 46 resins for use only in food- 1.18 plus- 551-592 Dissolves in 1 ................... 0.3 0.2 0.2 0.3 contact membrane filters intended for minus 0.015 hour repeated use. The finished membrane filter is intended to contact beverages containing no more than 13 percent alcohol, under conditions of use E, F, and G listed in table 2 of Sec. 176.170(c) of this chapter. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * * * * * Dated: June 12, 1996. Fred R. Shank, Director, Center for Food Safety and Applied Nutrition. [FR Doc. 96-16769 Filed 7-1-96; 8:45 am] BILLING CODE 4160-01-F