Food Additives Permitted in Feed and Drinking Water of Animals; Benzoic Acid, 14175-14176 [2014-05440]

Download as PDF ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations requested information or access to the appropriate recipient(s). We will not hold you responsible for acting pursuant to any information or access request from the director of the Division of Swap Dealer and Intermediary Oversight of the CFTC or the director of the Division of Clearing and Risk of the CFTC, or any successor divisions, or such directors’ designees, or an appropriate officer, agent, or employee of [Name of DSRO], acting in its capacity as our DSRO, upon which you have relied after having taken measures in accordance with your applicable policies and procedures to assure that such request was provided to you by an individual authorized to make such a request. In the event we become subject to either a voluntary or involuntary petition for relief under the U.S. Bankruptcy Code, we acknowledge that you will have no obligation to release the Funds held in the Account(s), except upon instruction of the Trustee in Bankruptcy or pursuant to the Order of the respective U.S. Bankruptcy Court. Notwithstanding anything in the foregoing to the contrary, nothing contained herein shall be construed as limiting your right to assert any right of offset or lien on assets that are not 30.7 customer funds maintained in the Account(s), or to impose such charges against us or any proprietary account maintained by us with you. Further, it is understood that amounts represented by checks, drafts or other items shall not be considered to be part of the Account(s) until finally collected. Accordingly, checks, drafts and other items credited to the Account(s) and subsequently dishonored or otherwise returned to you or reversed, for any reason, and any claims relating thereto, including but not limited to claims of alteration or forgery, may be charged back to the Account(s), and we shall be responsible to you as a general endorser of all such items whether or not actually so endorsed. You may conclusively presume that any withdrawal from the Account(s) and the balances maintained therein are in conformity with the Act and CFTC regulations without any further inquiry, provided that, in the ordinary course of your business as a depository, you have no notice of or actual knowledge of a potential violation by us of any provision of the Act or Part 30 of the CFTC regulations that relates to the holding of customer funds; and you shall not in any manner not expressly agreed to herein be responsible to us for ensuring compliance by us with such provisions of the Act and CFTC regulations; however, the aforementioned presumption does not affect any obligation you may otherwise have under the Act or CFTC regulations. You may, and are hereby authorized to, obey the order, judgment, decree or levy of any court of competent jurisdiction or any governmental agency with jurisdiction, which order, judgment, decree or levy relates in whole or in part to the Account(s). In any event, you shall not be liable by reason of any action or omission to act pursuant to any such order, judgment, decree or levy, to us or to any other person, firm, association or corporation even if thereafter any such order, decree, judgment or levy shall be reversed, modified, set aside or vacated. VerDate Mar<15>2010 14:05 Mar 12, 2014 Jkt 232001 The terms of this letter agreement shall remain binding upon the parties, their successors and assigns and, for the avoidance of doubt, regardless of a change in the name of either party. This letter agreement supersedes and replaces any prior agreement between the parties in connection with the Account(s), including but not limited to any prior acknowledgment letter agreement, to the extent that such prior agreement is inconsistent with the terms hereof. In the event of any conflict between this letter agreement and any other agreement between the parties in connection with the Account(s), this letter agreement shall govern with respect to matters specific to Section 4(b) of the Act and the CFTC’s regulations thereunder, as amended. This letter agreement shall be governed by and construed in accordance with the laws of [Insert governing law] without regard to the principles of choice of law. Please acknowledge that you agree to abide by the requirements and conditions set forth above by signing and returning to us the enclosed copy of this letter agreement, and that you further agree to provide a copy of this fully executed letter agreement directly to the CFTC (via electronic means in a format and manner determined by the CFTC) and to [Name of DSRO], acting in its capacity as our DSRO. We hereby authorize and direct you to provide such copies without further notice to or consent from us, no later than three business days after opening the Account(s) or revising this letter agreement, as applicable. [Name of Futures Commission Merchant] By: Print Name: Title: ACKNOWLEDGED AND AGREED: [Name of Depository] By: Print Name: Title: Contact Information: [Insert phone number and email address] DATE: Issued in Washington, DC, on March 7, 2014, by the Commission. Christopher J. Kirkpatrick, Deputy Secretary of the Commission. [FR Doc. 2014–05465 Filed 3–12–14; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 573 [Docket No. FDA–2012–F–1100] Food Additives Permitted in Feed and Drinking Water of Animals; Benzoic Acid AGENCY: Food and Drug Administration, HHS. ACTION: PO 00000 Fmt 4700 The Food and Drug Administration (FDA) is amending the regulations for food additives permitted in feed and drinking water of animals to provide for the safe use of benzoic acid as an acidifying agent in swine feed. This action is in response to a food additive petition filed by DSM Nutritional Products. DATES: This rule is effective March 13, 2014. Submit either written or electronic objections and requests for a hearing by April 14, 2014. See section V of this document for information on the filing of objections. ADDRESSES: You may submit either electronic or written objections and a request for a hearing, identified by Docket No. FDA–2012–F–1100, by any of the following methods: SUMMARY: Electronic Submissions Submit electronic objections in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written objections in the following ways: • Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Instructions: All submissions received must include the Agency name and docket number for this rulemaking. All objections received will be posted without change to https:// www.regulations.gov, including any personal information provided. For additional information on submitting objections, see the ‘‘Objections’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or objections received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for Veterinary Medicine (HFV–226), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240–453–6853, isabel.pocurull@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background In a notice published in the Federal Register of December 4, 2012 (77 FR Final rule. Frm 00023 14175 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1 14176 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 71750), FDA announced that a food additive petition (animal use) (FAP 2273) had been filed by DSM Nutritional Products, 45 Waterview Blvd., Parsippany, NJ 07054. The petition proposed to amend the food additive regulations to provide for the safe use of benzoic acid as a feed acidifier in swine feed. The notice of filing provided for a 30-day comment period on the petitioner’s environmental assessment. One comment was received that was not substantive. II. Conclusion FDA concludes that the data establish the safety and utility of benzoic acid for use as proposed with modification and that the food additive regulations should be amended as set forth in this document. III. Public Disclosure In accordance with § 571.1(h) (21 CFR 571.1(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 Veterinary Medicine by appointment with the information contact person (see FOR FURTHER INFORMATION CONTACT). As provided in § 571.1(h), the Agency will delete from the documents materials that are not available for public disclosure before making the documents available for inspection. ehiers on DSK2VPTVN1PROD with RULES IV. Environmental Impact The Agency has determined under 21 CFR 25.32(r) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment, nor an environmental impact statement is required. V. Objections and Hearing Requests Any person who will be adversely affected by this regulation may file with the Division of Dockets Management (see ADDRESSES) either electronic or written objections. Each objection shall be separately numbered, and each numbered objection shall specify with particularity the provision 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 VerDate Mar<15>2010 14:05 Mar 12, 2014 Jkt 232001 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. It is only necessary to send one set of documents. Identify documents 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 Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. List of Subjects in 21 CFR Part 573 Animal feeds, Food additives. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 573 is amended as follows: PART 573—FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF ANIMALS 1. The authority citation for 21 CFR part 573 continues to read as follows: ■ Authority: 21 U.S.C. 321, 342, 348. ■ 2. Add § 573.210 to read as follows: § 573.210 Benzoic acid. The food additive, benzoic acid, may be safely used in the manufacture of complete swine feeds in accordance with the following prescribed conditions: (a) The additive is used or intended for use as a feed acidifying agent, to lower the pH, in complete swine feeds at levels not to exceed 0.5 percent of the complete feed. (b) The additive consists of not less than 99.5 percent benzoic acid (CAS 65– 85–0) by weight with the sum of 2methylbiphenyl, 3-methylbiphenyl, 4methylbiphenyl, benzyl benzoate, and isomers of dimethylbiphenyl not to exceed 0.01 percent by weight. (c) To assure safe use of the additive, in addition to the other information required by the Federal Food, Drug, and Cosmetic Act and paragraph (b) of this section, the label and labeling shall contain: (1) The name of the additive. (2) Adequate directions for use including a statement that benzoic acid must be uniformly applied and thoroughly mixed into complete swine feeds and that the complete swine feeds so treated shall be labeled as containing benzoic acid. (3) Appropriate warnings and safety precautions concerning benzoic acid. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 (4) A warning statement identifying benzoic acid as a possible irritant. (5) Information about emergency aid in case of accidental exposure. (6) Contact address and telephone number for reporting adverse reactions or to request a copy of the Material Safety Data Sheet (MSDS). Dated: March 6, 2014. Bernadette Dunham, Director, Center for Veterinary Medicine. [FR Doc. 2014–05440 Filed 3–12–14; 8:45 am] BILLING CODE 4160–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0683; FRL–9905–26– Region 9] Revisions to the California State Implementation Plan; South Coast Air Quality Management District and El Dorado County Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing approval of revisions to the South Coast Air Quality Management District and El Dorado County Air Quality Management District portions of the California State Implementation Plan (SIP). The South Coast action was proposed in the Federal Register on September 13, 2013 and concerns carbon monoxide emissions from cement kilns. The El Dorado County action was proposed in the Federal Register on October 25, 2013 and concerns the District’s demonstration that its rules met reasonably available control technology (RACT) requirements under the 1997 8hour ozone National Ambient Air Quality Standards (NAAQS). We are approving these documents under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on April 14, 2014. ADDRESSES: EPA has established docket number EPA–R09–OAR–2013–0683 for this action. Generally, documents in the docket for this action are available electronically at https:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at https://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, SUMMARY: E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Rules and Regulations]
[Pages 14175-14176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05440]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2012-F-1100]


Food Additives Permitted in Feed and Drinking Water of Animals; 
Benzoic Acid

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is amending the 
regulations for food additives permitted in feed and drinking water of 
animals to provide for the safe use of benzoic acid as an acidifying 
agent in swine feed. This action is in response to a food additive 
petition filed by DSM Nutritional Products.

DATES: This rule is effective March 13, 2014. Submit either written or 
electronic objections and requests for a hearing by April 14, 2014. See 
section V of this document for information on the filing of objections.

ADDRESSES: You may submit either electronic or written objections and a 
request for a hearing, identified by Docket No. FDA-2012-F-1100, by any 
of the following methods:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written objections in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name 
and docket number for this rulemaking. All objections received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. For additional information on submitting 
objections, see the ``Objections'' heading of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
objections received, go to https://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for 
Veterinary Medicine (HFV-226), Food and Drug Administration, 7519 
Standish Pl., Rockville, MD 20855, 240-453-6853, 
isabel.pocurull@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice published in the Federal Register of December 4, 2012 
(77 FR

[[Page 14176]]

71750), FDA announced that a food additive petition (animal use) (FAP 
2273) had been filed by DSM Nutritional Products, 45 Waterview Blvd., 
Parsippany, NJ 07054. The petition proposed to amend the food additive 
regulations to provide for the safe use of benzoic acid as a feed 
acidifier in swine feed. The notice of filing provided for a 30-day 
comment period on the petitioner's environmental assessment. One 
comment was received that was not substantive.

II. Conclusion

    FDA concludes that the data establish the safety and utility of 
benzoic acid for use as proposed with modification and that the food 
additive regulations should be amended as set forth in this document.

III. Public Disclosure

    In accordance with Sec.  571.1(h) (21 CFR 571.1(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 Veterinary Medicine by appointment with the information 
contact person (see FOR FURTHER INFORMATION CONTACT). As provided in 
Sec.  571.1(h), the Agency will delete from the documents materials 
that are not available for public disclosure before making the 
documents available for inspection.

IV. Environmental Impact

    The Agency has determined under 21 CFR 25.32(r) that this action is 
of a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment, nor an environmental impact statement is required.

V. Objections and Hearing Requests

    Any person who will be adversely affected by this regulation may 
file with the Division of Dockets Management (see ADDRESSES) either 
electronic or written objections. Each objection shall be separately 
numbered, and each numbered objection shall specify with particularity 
the provision 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.
    It is only necessary to send one set of documents. Identify 
documents 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 Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday, and will be posted to the docket at https://www.regulations.gov.

List of Subjects in 21 CFR Part 573

    Animal feeds, Food additives.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs and 
redelegated to the Center for Veterinary Medicine, 21 CFR part 573 is 
amended as follows:

PART 573--FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF 
ANIMALS

0
1. The authority citation for 21 CFR part 573 continues to read as 
follows:

    Authority:  21 U.S.C. 321, 342, 348.


0
2. Add Sec.  573.210 to read as follows:


Sec.  573.210  Benzoic acid.

    The food additive, benzoic acid, may be safely used in the 
manufacture of complete swine feeds in accordance with the following 
prescribed conditions:
    (a) The additive is used or intended for use as a feed acidifying 
agent, to lower the pH, in complete swine feeds at levels not to exceed 
0.5 percent of the complete feed.
    (b) The additive consists of not less than 99.5 percent benzoic 
acid (CAS 65-85-0) by weight with the sum of 2-methylbiphenyl, 3-
methylbiphenyl, 4-methylbiphenyl, benzyl benzoate, and isomers of 
dimethylbiphenyl not to exceed 0.01 percent by weight.
    (c) To assure safe use of the additive, in addition to the other 
information required by the Federal Food, Drug, and Cosmetic Act and 
paragraph (b) of this section, the label and labeling shall contain:
    (1) The name of the additive.
    (2) Adequate directions for use including a statement that benzoic 
acid must be uniformly applied and thoroughly mixed into complete swine 
feeds and that the complete swine feeds so treated shall be labeled as 
containing benzoic acid.
    (3) Appropriate warnings and safety precautions concerning benzoic 
acid.
    (4) A warning statement identifying benzoic acid as a possible 
irritant.
    (5) Information about emergency aid in case of accidental exposure.
    (6) Contact address and telephone number for reporting adverse 
reactions or to request a copy of the Material Safety Data Sheet 
(MSDS).

    Dated: March 6, 2014.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2014-05440 Filed 3-12-14; 8:45 am]
BILLING CODE 4160-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.