[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Rules and Regulations]
[Pages 16315-16316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7539]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 99F-0298]


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 aluminum, 
hydroxybis[2,4,8,10-tetrakis (1,1-dimethylethyl)-6-hydroxy-12H-
dibenzo[d,g][1,3,2]dioxaphosphocin 6-oxidato]- as a clarifying agent 
for polypropylene and polypropylene copolymers intended for use in 
contact with food. This action responds to a petition filed by Asahi 
Denka Kogyo K.K.

DATES: This rule is effective March 28, 2000; submit written objections 
and requests for a hearing by April 27, 2000.

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: Hortense S. Macon, Center for Food 
Safety and Applied Nutrition (HFS-206), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-418-3086.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal 
Register of March 3, 1999 (64 FR 10304), FDA announced that a food 
additive petition (FAP 9B4638) had been filed by Asahi Denka Kogyo 
K.K., 2-13, Shirahata 5-chome, Urawa City Saitama 336, Japan. The 
petition proposed to amend the food additive regulations in 
Sec. 178.3295 Clarifying agents for polymers (21 CFR 178.3295) to 
provide for the safe use of aluminum, hydroxybis[2,4,8,10-tetrakis(1,1-
dimethylethyl)-6-hydroxy-12H-dibenzo[d,g][1,3,2]dioxaphosphocin 6-
oxidato]- as a clarifying agent for polypropylene and polypropylene

[[Page 16316]]

copolymers intended for use in contact with food.
    FDA has evaluated the data in the petition and other relevant 
material. Based on this information, the agency concludes that the 
proposed use of the additive is safe, the additive will achieve its 
intended technical effect, and therefore, that the regulations in 
Sec. 178.3295 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 previously considered the environmental effects of 
this rule as announced in the notice of filing for FAP 9B4638 (64 FR 
10304). No new information or comments have been received that would 
affect the agency's previous determination that there is no significant 
impact on the human environment and that an environmental impact 
statement is not required.
    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.
    Any person who will be adversely affected by this regulation may at 
any time on or before April 27, 2000, 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 are to be 
submitted and are to 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: 21 U.S.C. 321, 342, 348, 379e.

    2. Section 178.3295 is amended in the table by alphabetically 
adding a new entry under the headings ``Substances'' and 
``Limitations'' to read as follows:


 178.3295  Clarifying agents for polymers.

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             Substances                          Limitations
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Aluminum, hydroxybis[2,4,8,10-       For use only as a clarifying agent
 tetrakis(1,1-dimethylethyl)-6-       at levels not to exceed 0.25
 hydroxy-12H-                         percent by weight of polypropylene
 dibenzo[d,g][1,3,2]dioxaphosphocin   and polypropylene copolymers
 6-oxidato]-(CAS Reg. No. 151841-65-  complying with Sec.  177.1520(c)
 5).                                  of this chapter, items 1.1, 3.1,
                                      or 3.2. The finished polymers
                                      contact food only of types I, II,
                                      IV-B, VI-B, VII-B, and VIII as
                                      identified 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 or
                                      foods only of types III, IV-A, V,
                                      VI-A, VI-C, VII-A, and IX as
                                      identified 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: February 28, 2000.
L. Robert Lake,
Director of Regulations and Policy, Center for Food Safety and Applied 
Nutrition.
[FR Doc. 00-7539 Filed 3-27-00; 8:45 am]
BILLING CODE 4160-01-F