[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Rules and Regulations]
[Pages 29009-29010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14105]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 96F-0370]


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 3,9-bis[2,4-bis(1-
methyl-1-phenylethyl)phenoxy]-2,4,8,10-tetraoxa-3,9-
diphosphaspiro[5.5]undecane as an antioxidant and/or stabilizer for 
olefin polymers intended for use in contact with food. This action is 
in response to a petition filed by Dover Chemical Corp.

DATES: Effective May 29, 1997; written objections and requests for a 
hearing by June 30, 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 15, 1996 (61 FR 53748), FDA announced that a food 
additive petition (FAP 6B4521) had been filed by Dover Chemical Corp., 
3676 Davis Rd. NW., Dover, OH 44622. 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 3,9-bis[2,4-bis(1-methyl-1-phenylethyl)phenoxy]-2,4,8,10-tetraoxa-
3,9-diphosphaspiro[5.5]undecane as an antioxidant and/or stabilizer for 
olefin polymers intended for use in contact with food.
    FDA has evaluated data in the petition and other relevant material. 
The agency concludes that: (1) The proposed use of the additive is 
safe, (2) the food additive will have the intended technical effect, 
and (3) 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 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 June 30, 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 
alphabetically adding a new entry for 3,9-bis[2,4-bis(1-methyl-1-
phenylethyl)phenoxy]-2,4,8,10-tetraoxa-3,9-diphosphaspiro[5.5]undecane 
to read as follows:


Sec. 178.2010  Antioxidants and/or stabilizers for polymers.

* * * * *
    (b) * * *

[[Page 29010]]



                                                                        
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                Substances                          Limitations         
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  *                    *                    *                    *      
                   *                    *                    *          
3,9-bis[2,4-bis(1-methyl-1-                For use only:                
 phenylethyl)phenoxy]-2,4,8,10-tetraoxa-   1. At levels not to exceed   
 3,9-diphosphaspiro[5.5]undecane (CAS       0.1 percent by weight of    
 Reg. No. 154862-43-8).                     olefin polymers complying   
                                            with Sec.  177.1520(c) of   
                                            this chapter, items 1.1,    
                                            1.2, or 1.3, and items 2.1, 
                                            2.2, 2.3, 3.1, or 3.2 (where
                                            density of each of these    
                                            polymers is greater than    
                                            0.94 gram per cubic         
                                            centimeter) and under       
                                            conditions of use C, D, E,  
                                            F, and G as described in    
                                            Table 2 of Sec.  176.170(c) 
                                            of this chapter.            
                                           2. At levels not to exceed   
                                            0.06 percent by weight of   
                                            olefin copolymers complying 
                                            with Sec.  177.1520(c) of   
                                            this chapter, item 3.1 or   
                                            3.2, having a density less  
                                            than 0.94 gram per cubic    
                                            centimeter and under        
                                            conditions of use C, D, E,  
                                            F, and G as described in    
                                            Table 2 of Sec.  176.170(c) 
                                            of this chapter.            
  *                    *                    *                    *      
                   *                    *                    *          
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    Dated: May 15, 1997.
Fred R. Shank,
Director, Center for Food Safety and Applied Nutrition.
[FR Doc. 97-14105 Filed 5-28-97; 8:45 am]
BILLING CODE 4160-01-F