[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)] [Rules and Regulations] [Pages 51364-51365] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-25122] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 177 [Docket No. 91F-0289] Indirect Food Additives: Polymers AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of methyl methacrylate/butyl acrylate-grafted polypropylene copolymer containing methyl methacrylate/butyl acrylate-grafted polypropylene, methyl methacrylate/butyl acrylate copolymer, methyl methacrylate homopolymer, and polypropylene, resulting from the reaction of a mixture of methyl methacrylate and butyl acrylate with polypropylene, as a component of food-contact materials. This action is in response to a food additive petition filed by Rohm and Haas Co. DATES: Effective October 2, 1996; written objections and requests for a hearing by November 1, 1996. The Director of the Office of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain publication listed in 21 CFR 177.1520(b), effective October 2, 1996. 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: Hortense S. Macon, Center for Food Safety and Applied Nutrition (HFS-216), 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 August 23, 1991 (56 FR 41850), FDA announced that a food additive petition (FAP 1B4272) had been filed by Rohm and Haas Co., c/o 1150 17th St. NW., Washington, DC 20036 (currently c/o Keller and Heckman, 1001 G St. NW., suite 500 West, Washington, DC 20001). The petition proposed to amend the food additive regulations in Sec. 177.1520 Olefin polymers (21 CFR 177.1520) to provide for the safe use of methyl methacrylate/butyl acrylate-grafted polypropylene as a component of propylene homopolymer and copolymer food-contact materials. FDA has evaluated data in the petition and other relevant material. The agency concludes that the proposed use of the food additive is safe and that Sec. 177.1520 should be amended as set forth below. The agency further concludes that methyl methacrylate/butyl acrylate-grafted polypropylene copolymer containing methyl methacrylate/butyl acrylate- grafted polypropylene, methyl methacrylate/butyl acrylate copolymer, methyl methacrylate homopolymer, and polypropylene, resulting from the reaction of a mixture of methyl methacrylate and butyl acrylate with polypropylene, is a more accurate and descriptive name for the food additive than the name given in the petition. Therefore, FDA is using this name to identify the additive in the final rule. 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 21 CFR 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 November 1, 1996, 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 regulation. 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 177 Food additives, Food packaging, Incorporation by reference. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner [[Page 51365]] 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: Secs. 201, 402, 409, 721 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 342, 348, 379e). 2. Section 177.1520 is amended in the table in paragraph (b) by alphabetically adding a new entry under the headings ``Substance'' and ``Limitations'' to read as follow: Sec. 177.1520 Olefin polymers. * * * * * (b) * * * ------------------------------------------------------------------------ Substance Limitations ------------------------------------------------------------------------ * * * * * * * Methyl methacrylate/butyl acrylate- For use only at levels not to grafted polypropylene copolymer exceed 6 percent by weight of containing methyl methacrylate/butyl olefin polymers complying with acrylate-grafted polypropylene (CAS paragraph (c) of this section, Reg. No. 121510-09-6), methyl items 1.1, 3.1a, 3.2a, and 3.2b, methacrylate/butyl acrylate where the copolymers complying copolymer (CAS Reg. No. 25852-37-3), with items 3.1a, 3.2a, and 3.2b methyl methacrylate homopolymer (CAS contain not less than 85 weight- Reg. No. 9011-14-7), and percent of polymer units derived polypropylene (CAS Reg. No. 9003-07- from propylene. 0), resulting from the reaction of a mixture of methyl methacrylate and butyl acrylate with polypropylene. The finished product contains no more than 55 percent by weight of polymer units derived from methyl methacrylate and butyl acrylate as determined by a method entitled, ``Determination of the Total Acrylic in PP-MMA/BA Polymers,'' which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the Office of Premarket Approval, Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug Administration, 200 C St. SW., Washington, DC 20204, or may be examined at the Center for Food Safety and Applied Nutrition's Library, 200 C. St. SW., rm. 3321, Washington, DC, or at the Office of the Federal Register, 800 North Capitol St. NW., suite 700, Washington, DC. * * * * * * * ------------------------------------------------------------------------ * * * * * Dated: September 23, 1996. Fred R. Shank, Director, Center for Food Safety and Applied Nutrition. [FR Doc. 96-25122 Filed 10-1-96; 8:45 am] BILLING CODE 4160-01-F