[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Rules and Regulations]
[Pages 36175-36176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17543]
[[Page 36175]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 177
[Docket No. 90F-0435]
Indirect Food Additives: Polymers
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 isobutylene-butene
copolymers as a plasticizer in polypropylene intended for use in
contact with food. This action responds to a food additive petition
filed by Amoco Chemical Co.
DATES: The regulation is effective July 2, 1998. Submit written
objections and requests for a hearing by August 3, 1998.
ADDRESSES: Submit written objections to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Julius Smith, Food and Drug
Administration, Center for Food Safety and Applied Nutrition (HFS-215),
200 C St. SW., Washington, DC 20204,202-418-3091.
SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of January 11, 1991 (56 FR 1197), FDA announced that a
petition (FAP 1B4238) had been filed by Amoco Chemical Co., Chicago, IL
60601. The petition proposed to amend the food additive regulations in
Sec. 177.1430 Isobutylene-butene copolymers (21 CFR 177.1430) to
provide for the safe use of isobutylene-butene copolymers as components
of food-contact articles and as plasticizers in polypropylene in
contact with food complying with 21 CFR 177.1520. Upon further review
of the petition, the agency has determined that the petitioner is
proposing only the use of isobutylene-butene copolymers as a
plasticizer in polypropylene.
FDA has evaluated the data in the petition and other relevant
material. The agency concludes that: (1) The proposed use of the
additive in polypropylene articles is safe, (2) the additive will have
the intended technical effect, and therefore, (3) the regulations in
Sec. 177.1430 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 August 3, 1998, 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.
This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
List of Subjects in 21 CFR Part 177
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 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: 21 U.S.C. 321, 342, 348, 379(e).
2. Section 177.1430 is amended in the table in paragraph (b) by
revising item ``2.'' under the heading ``Isobutylene-butene
copolymers'' to read as follows:
Sec. 177.1430 Isobutylene-butene copolymers.
* * * * *
(b) * * *
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Isobutylene-butene
copolymers Molecular weight (range) Viscosity (range) Maximum bromine value
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* * * * * *
*
2. Used as plasticizers in
polyethylene or
polypropylene complying
with Sec. 177.1520, and
in polystyrene complying
with Sec. 177.1640.
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*
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[[Page 36176]]
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Dated: June 23, 1998.
L. Robert Lake,
Director, Office of Policy, Planning and Strategic Initiatives, Center
for Food Safety and Applied Nutrition.
[FR Doc. 98-17543 Filed 7-1-98; 8:45 am]
BILLING CODE 4160-01-F