98-17543. Indirect Food Additives: Polymers  

  • [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.
    
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        (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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    [[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
    
    
    

Document Information

Effective Date:
7/2/1998
Published:
07/02/1998
Department:
Food and Drug Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-17543
Dates:
The regulation is effective July 2, 1998. Submit written objections and requests for a hearing by August 3, 1998.
Pages:
36175-36176 (2 pages)
Docket Numbers:
Docket No. 90F-0435
PDF File:
98-17543.pdf
CFR: (1)
21 CFR 177.1430