[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65943-65944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31860]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Part 178

[Docket No. 93F-0318]


Indirect Food Additives: Adjuvants, Production Aids, and 
Sanitizers

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the food 
additive regulations to provide for the safe use of 2-[[2,4,8,10-
tetrakis(1,1-dimethylethyl)dibenzo[d,f][1,3,2]-dioxaphosphepin-6-
yl]oxy]-N, N-bis[2-[[2,4,8,10-tetrakis(1,1-dimethylethyl)dibenzo[d,f] 
[1,3,2]dioxaphosphepin-6-yl]oxy]ethyl]ethanamine as a process 
stabilizer in high density polyethylene and polypropylene polymers 
intended for use in contact with food. This action is in response to a 
petition filed by Ciba-Geigy Corp.

DATES: Effective December 16, 1996; written objections and requests for 
a hearing by January 15, 1997.

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: Vir D. Anand, Center for Food Safety 
and Applied Nutrition (HFS-216), Food and Drug Administration, 200 C 
St. SW., Washington, DC 20204, 202-418-3081.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of October 4, 1993 (58 FR 51631), FDA announced that a food 
additive petition (FAP 3B4398) had been filed by Ciba-Geigy Corp., 
Seven Skyline Dr., Hawthorne, NY 10532. The petition proposed to amend 
the food additive regulations in Sec. 178.2010 Antioxidants and/or 
stabilizers for polymers (21 CFR 178.2010) to provide for the safe use 
of 2-[[2,4,8,10-tetrakis(1,1-dimethylethyl)dibenzo 
[d,f][1,3,2]dioxaphosphepin-6-yl]oxy]-N, N-bis[2-[[2,4,8,10-
tetrakis(1,1-dimethylethyl)dibenzo [d,f][1,3,2]dioxaphosphepin-6-
yl]oxy]ethyl]ethanamine as a process stabilizer in high density 
polyethylene and polypropylene polymers complying with 21 CFR 177.1520 
intended for use in contact with food.
    FDA has evaluated data in the petition and other relevant material. 
The agency concludes that the proposed use of the additive is safe, 
that the additive will achieve its intended technical effect, and that 
the regulations in Sec. 178.2010 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

[[Page 65944]]

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 January 15, 1997 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 178

    Food additives, Food packaging.
    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 178 is amended as follows:

PART 178--INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND 
SANITIZERS

    1. The authority citation for 21 CFR part 178 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 178.2010 is amended in the table in paragraph (b) by 
revising the entry for ``2-[[2,4,8,10-tetrakis(1,1-
dimethylethyl)dibenzo [d,f][1,3,2]dioxaphosphepin-6-yl]oxy]-N, N-bis[2-
[[2,4,8,10-tetrakis(1,1-dimethylethyl)dibenzo 
[d,f][1,3,2]dioxaphosphepin-6-yl]oxy]ethyl]ethanamine'' under the 
heading ``Limitations'' to read as follows:

Sec. 178.2010  Antioxidants and/or stabilizers for polymers.

* * * * *
    (b) * * *

                                                                        
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             Substances                          Limitations            
------------------------------------------------------------------------
  *                    *                    *                    *      
                   *                    *                    *          
2-[[2,4,8,10-Tetrakis(1,1-           For use only at levels not to      
 dimethylethyl)dibenzo[d,f][1,3,2]-   exceed 0.075 percent by weight of 
 dioxaphosphepin-6-yl]oxy]-N,N-       olefin copolymers complying with  
 bis[2-[[2,4,8,10-tetrakis(1,1-       Sec.  177.1520(c) of this chapter,
 dimethylethyl)dibenzo[d,f][1,3,2]d   items 1.1, 1.2, 1.3, 2.1, 2.2, or 
 ioxaphosphepin-6-                    2.3: Provided, That the density of
 yl]oxy]ethyl]ethanamine (CAS Reg.    the olefin polymers complying with
 No. 80410-33-9).                     items 2.1, 2.2, or 2.3 is not less
                                      than 0.94 gram per cubic          
                                      centimeter: And further provided, 
                                      That the finished polymers contact
                                      food only of Types I, II, IV-B, VI-
                                      A, VI-B, VII-B, and VIII described
                                      in Table 1, of Sec.  176.170(c) of
                                      this chapter, under conditions of 
                                      use B through H described in Table
                                      2 of Sec.  176.170(c) of this     
                                      chapter and food only of Types    
                                      III, IV-A, V, VI-C, VII-A, and IX 
                                      described in Table 1 of Sec.      
                                      176.170(c) of this chapter, under 
                                      conditions of use C through G     
                                      described in Table 2 of Sec.      
                                      176.170(c) of this chapter.       
  *                    *                    *                    *      
                   *                    *                    *          
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    Dated: November 27, 1996.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 96-31860 Filed 12-13-96; 8:45 am]
BILLING CODE 4160-01-F