Center for Science in the Public Interest, Natural Resources Defense Council, Center for Food Safety, Consumers Union, Improving Kids' Environment, Center for Environmental Health, Environmental Working Group, Environmental Defense Fund, and James Huff; Filing of Food Additive Petition, 42-44 [2015-33011]
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42
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules
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Regulatory Procedures
Executive Order 12866 as supplemented
by Executive Order 13563
We consulted with the Office of
Management and Budget (OMB) and
determined that these proposed rules do
not meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Therefore, OMB did not
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Regulatory Flexibility Act
We certify that these proposed rules
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Flexibility Act, as amended, does not
require us to prepare a regulatory
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PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–).
Subpart E—[Amended]
1. The authority citation for subpart E
of part 404 continues to read as follows:
■
Authority: Secs. 202, 203, 204(a) and (e),
205(a) and (c), 216(l), 222(c), 223(e), 224, 225,
702(a)(5), and 1129A of the Social Security
Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a)
and (c), 416(l), 422(c), 423(e), 424a, 425,
902(a)(5), and 1320a–8a); 48 U.S.C. 1801.
2. In § 404.401, revise paragraph (a)(4)
to read as follows:
■
§ 404.401 Deduction, reduction, and
nonpayment of monthly benefits or lumpsum death payments.
*
*
*
*
*
(a) * * *
(4) An individual under full
retirement age (see § 404.409) is
concurrently entitled to disability
insurance benefits and to certain public
disability benefits (see § 404.408);
*
*
*
*
*
■ 3. In § 404.408, revise paragraph
(a)(2)(ii) to read as follows:
§ 404.408 Reduction of benefits based on
disability on account of receipt of certain
other disability benefits provided under
Federal, State, or local laws or plans.
*
*
*
*
*
(a) * * *
(2) * * *
(ii) The individual has not attained
full retirement age as defined in 20 CFR
404.409.
*
*
*
*
*
[FR Doc. 2015–33036 Filed 12–31–15; 8:45 am]
Paperwork Reduction Act
BILLING CODE 4191–02–P
These rules do not create any new or
affect any existing collections and,
therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(Catalog of Federal Domestic Assistance
Program No. 96.006, Supplemental
Security Income.)
21 CFR Part 172
[Docket No. FDA–2015–F–4317]
List of Subjects in 20 CFR Part 404
Center for Science in the Public
Interest, Natural Resources Defense
Council, Center for Food Safety,
Consumers Union, Improving Kids’
Environment, Center for Environmental
Health, Environmental Working Group,
Environmental Defense Fund, and
James Huff; Filing of Food Additive
Petition
tkelley on DSK3SPTVN1PROD with PROPOSALS
Administrative practice and
procedure; Blind; Disability benefits;
Government employees; Old-age,
Survivors and Disability Insurance;
Reporting and recordkeeping
requirements; Social security.
Dated: December 23, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
AGENCY:
For the reasons stated in the
preamble, we propose to amend subpart
E of Part 404 of title 20 of the Code of
Federal Regulations as set forth below:
VerDate Sep<11>2014
16:40 Dec 31, 2015
Jkt 238001
Food and Drug Administration
Food and Drug Administration,
HHS.
ACTION:
Notice of petition.
The Food and Drug
Administration (FDA or we) is
SUMMARY:
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announcing that we have filed a
petition, submitted by the Center for
Science in the Public Interest, Natural
Resources Defense Council, Center for
Food Safety, Consumers Union,
Improving Kids’ Environment, Center
for Environmental Health,
Environmental Working Group,
Environmental Defense Fund, and James
Huff, proposing that the food additive
regulations be amended to no longer
authorize the use of seven listed
synthetic flavoring food additives and to
establish zero tolerances for the
additives.
The food additive petition was
filed on August 17, 2015. Submit either
electronic or written comments by
March 4, 2016.
ADDRESSES: You may submit comments
as follows:
DATES:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
E:\FR\FM\04JAP1.SGM
04JAP1
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2015–F–4317 for ‘‘Center for Science in
the Public Interest, Natural Resources
Defense Council, Center for Food Safety,
Consumers Union, Improving Kids’
Environment, Center for Environmental
Health, Environmental Working Group,
Environmental Defense Fund, and James
Huff; Filing of Food Additive Petition.’’
Received comments will be placed in
the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
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.
VerDate Sep<11>2014
16:40 Dec 31, 2015
Jkt 238001
FOR FURTHER INFORMATION CONTACT:
Judith Kidwell, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740–
3835, 240–402–1071.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 409(b)(5) of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 348(b)(5)), we are
giving notice that we have filed a food
additive petition (FAP 5A4810)
submitted by the Center for Science in
the Public Interest, Natural Resources
Defense Council, Center for Food Safety,
Consumers Union, Improving Kids’
Environment, Center for Environmental
Health, Environmental Working Group,
Environmental Defense Fund, and James
Huff, c/o Thomas Neltner, 1875
Connecticut Ave. NW., Suite 600,
Washington, DC 20009. The petition
proposes to amend § 172.515 (21 CFR
172.515), Synthetic flavoring substances
and adjuvants, to no longer provide for
the use of seven listed synthetic
flavoring food additives and to establish
zero tolerances for these additives.
The seven food additives that are the
subject of this petition are as follows:
• Benzophenone (also known as diphenyl
ketone) (CAS No. 119–61–9);
• Ethyl acrylate (CAS No. 140–88–5);
• Eugenyl methyl ether (also known as 4allylveratrole or methyl eugenol) (CAS No.
93–15–2);
• Myrcene (also known as 7-methyl-3methylene-1,6-octadiene) (CAS No. 123–35–
3);
• Pulegone (also known as p-menth-4(8)en-3-one) (CAS No. 89–82–7);
• Pyridine (CAS No. 110–86–1); and
• Styrene (CAS No. 100–42–5).
II. Amendment of § 172.515
In accordance with the procedures for
amending or revoking a food additive
regulation in § 171.130 (21 CFR
171.130), the petition asks us to amend
§ 172.515 to no longer provide for the
use of these seven food additives as
synthetic flavoring substances.
Specifically, the petitioners contend
that new data establish that these
substances are carcinogenic and are,
therefore, not safe for use in food under
the Delaney Clause (section 409(c)(3)(A)
of the FD&C Act), which provides that
no food additive shall be deemed to be
safe if it is found to induce cancer when
ingested by man or animal, or if it is
found, after tests which are appropriate
for the evaluation of the safety of food
additives, to induce cancer in man or
animal. The petitioners cite, as
evidence, conclusions by the National
Toxicology Program, the International
Agency for Research on Cancer, and the
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43
California Environmental Protection
Agency’s Office of Environmental
Health Hazard Assessment. The
petitioners also include results from an
observational epidemiology study in
humans exposed to styrene and a
number of long-term, animal feeding
studies conducted on each of the seven
additives to support their request. If we
determine new data are available that
establish these food additives induce
cancer, then FDA will amend § 172.515
to no longer provide for their use by
publishing an amendment to the
regulation in the Federal Register, as set
forth in §§ 171.130 and 171.100 (21 CFR
171.100).
Although the petition proposes to
amend only § 172.515 to no longer
provide for the use of these seven
synthetic flavoring substances, our
action in response to the petition could
affect other regulations which provide
specifically for the use of these
additives. Specifically, benzophenone is
also approved for use as an indirect food
additive, i.e., a plasticizer (21 CFR
177.2600(c)(4)(iv) diphenyl ketone). We
note that some of these flavoring
substances (e.g., ethyl acrylate, pyridine,
styrene) are permitted for use by other
food additive regulations and food
contact notifications as reactants or
manufacturing aids. Such uses are not
the subject of these food additive
regulations and food contact
notifications, and as such, may not
necessarily be affected if this petition
results in a regulation.
III. Establish a Zero Tolerance
The petition also requests that FDA
explicitly establish a zero tolerance for
these seven substances in § 172.515.
There is no statutory or regulatory
provision for establishing a zero
tolerance standard for flavoring food
additives in § 172.515. We note,
however, that 21 CFR part 189 permits
FDA to prohibit by rulemaking the use
of substances in human foods because of
a determination that they present a
potential risk to the public health or
have not been shown by adequate
scientific data to be safe for use in
human foods. To the extent that a
rulemaking under part 189 to prohibit
the use of these seven substances in
food satisfies the petitioner’s request for
a zero tolerance, we will consider, to the
extent appropriate, whether such a
rulemaking is necessary if this petition
results in a regulation.
We also are reviewing the potential
environmental impact of the petitioners’
requested action. The petitioners have
claimed a categorical exclusion from
preparing an environmental assessment
or environmental impact statement
E:\FR\FM\04JAP1.SGM
04JAP1
44
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules
under 21 CFR 25.32(m). In accordance
with regulations issued under the
National Environmental Policy Act (40
CFR 1506.6(b)), we are placing the
environmental document submitted
with the subject petition on public
display at the Division of Dockets
Management (see ADDRESSES) so that
interested persons may review the
document. If we determine that the
petitioners’ claim of categorical
exclusion is warranted and that neither
an environmental assessment nor an
environmental impact statement is
required, we will announce our
determination in the Federal Register if
this petition results in a regulation. If
we determine that the claim of
categorical exclusion is not warranted,
we will place the environmental
assessment on public display at the
Division of Dockets Management and
provide notice in the Federal Register
announcing its availability for review
and comment.
Dated: December 29, 2015.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2015–33011 Filed 12–31–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 147
[Public Notice: 9390]
RIN 1400–AD87
Electronic and Information Technology
Department of State.
Proposed rule.
AGENCY:
ACTION:
This proposed rule
implements Section 508 of the
Rehabilitation Act (Section 508) for the
Department of State. Section 508
requires that Federal departments and
agencies shall ensure accessibility by
individuals with disabilities who are
Federal employees, applicants for
employment, or members of the public
when developing, procuring,
maintaining, or using electronic and
information technology.
DATES: You may submit comments by
March 4, 2016.
ADDRESSES: Interested parties may
submit comments by one of the
following methods:
• Email: kottmyeram@state.gov with
the subject line, ‘‘Section 508 proposed
rule.’’
• Internet: At www.regulations.gov,
search for this notice by searching for
Docket No. DOS–2015–0072 or by the
rule’s RIN (1400–AD87).
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:40 Dec 31, 2015
Jkt 238001
• By mail: Office of the Legal Adviser
for Management, ATTN: Section 508
Rule, Room 4325, 2201 C Street NW.,
Washington, DC 20520.
Comments received outside of the
comment period may be considered if
feasible, but consideration cannot be
assured. Those submitting comments to
www.regulations.gov should not include
any personally identifying information
or information for which a claim of
confidentiality would be asserted; the
Department of State will not remove or
mask any information from comments
that are posted at www.regulations.gov.
Parties who wish to comment
anonymously may do so by submitting
their comments via
www.regulations.gov, leaving the fields
that would identify the commenter
blank and including no identifying
information in the comment itself.
Comments submitted via
www.regulations.gov are immediately
available for public inspection.
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Attorney-Adviser, 202–
647–2318, kottmyeram@state.gov
(please use the subject line: ‘‘Section
508 proposed rule’’).
SUPPLEMENTARY INFORMATION: The
purpose of this proposed rule is to add
a new part 147, which implements
Section 508 of the Rehabilitation Act of
1973, as amended (29 U.S.C. 794d)
(‘‘Section 508’’), as it applies to
programs and activities conducted by
the Department of State (‘‘the
Department’’). The title of this proposed
rule reflects that it applies to Electronic
and Information Technology (EIT).
Some authorities cited in this
rulemaking might use the term
‘‘Information and Communications
Technology’’ or ‘‘ICT.’’ For the purposes
of this rulemaking, the Department
considers ‘‘EIT’’ and ‘‘ICT’’ to be
interchangeable.
Subpart A—General Provisions
Proposed §§ 147.1 and 147.2 provide
that these proposed rules are intended
to implement Section 508, consistent
with that statute and the regulations
promulgated by the Access Board, at 36
CFR part 1194 (‘‘Part 1194’’). This
proposed rule applies to all
development, procurement,
maintenance, and use of electronic and
information technology by the
Department of State. Section 147.3
provides the definitions of ‘‘The
Department,’’ ‘‘Electronic and
Information Technology (EIT)’’,
‘‘Section 508,’’ ‘‘undue burden,’’
‘‘Section 508 complaint’’, ‘‘the
Secretary,’’ and otherwise adopts the
definitions in 36 CFR 1194.4.
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Sfmt 4702
Section 147.4 provides that the
Department will ensure that its
employees and applicants for
employment are provided with adequate
notice of the Department’s obligations
under Section 508, part 1194, and these
rules.
Sections 147.5 and 147.6 generally
reiterate the requirements of Section 508
regarding the prohibition against
discrimination, and the requirement for
ensuring that EIT is accessible (in
accordance with part 1194), unless an
undue burden would be imposed on the
Department—in which case an
alternative means of access must be
provided.
Subpart B—Complaint Procedures
Section 147.7 provides procedures for
filing a complaint under Section 508.
The procedures included therein are
substantially the same procedures the
Department has established in
implementing Section 504 of the
Rehabilitation Act (22 CFR part 144).
The relevant procedures are repeated in
this rulemaking, for convenience. Any
complaint must be filed with the
Department’s Office of Civil Rights,
must be in writing, and submitted by
fax, email, mail, or hand-delivery. The
final, approved complaint form will be
accessible and fillable and will be
included for download on the following
page: https://eforms.state.gov/
searchform.aspx. Prior to approval by
the Office of Information and Regulatory
Affairs, a static version of the form (in
PDF format) will be available upon
request; see the FOR FURTHER
INFORMATION CONTACT section above. The
Department’s analysis and notice
pursuant to the Paperwork Reduction
Act is included in the ‘‘Regulatory
Analysis,’’ below. This form will be
used for complaints not only under
Section 508, but under other statutes as
well. This is reflected in the Paperwork
Reduction Act analysis, below.
An individual with a disability
alleging a violation of Section 508 must
file a complaint not later than 180 days
after the date the complainant knew, or
should have known, of the alleged
violation of Section 508. Once the
Department receives the complaint, it
must conduct an investigation and,
within 180 days of receiving the
complaint, shall notify the complainant
of the results of the investigation in a
letter containing findings of fact and
conclusions of law; a description of a
remedy for each violation found; and a
notice of the right to appeal within 90
days of the complainant’s receipt from
the Department of the notice. The
Department will notify the complainant
E:\FR\FM\04JAP1.SGM
04JAP1
Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 42-44]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33011]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 172
[Docket No. FDA-2015-F-4317]
Center for Science in the Public Interest, Natural Resources
Defense Council, Center for Food Safety, Consumers Union, Improving
Kids' Environment, Center for Environmental Health, Environmental
Working Group, Environmental Defense Fund, and James Huff; Filing of
Food Additive Petition
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of petition.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that we have filed a petition, submitted by the Center for Science in
the Public Interest, Natural Resources Defense Council, Center for Food
Safety, Consumers Union, Improving Kids' Environment, Center for
Environmental Health, Environmental Working Group, Environmental
Defense Fund, and James Huff, proposing that the food additive
regulations be amended to no longer authorize the use of seven listed
synthetic flavoring food additives and to establish zero tolerances for
the additives.
DATES: The food additive petition was filed on August 17, 2015. Submit
either electronic or written comments by March 4, 2016.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential,
[[Page 43]]
if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2015-F-4317 for ``Center for Science in the Public Interest,
Natural Resources Defense Council, Center for Food Safety, Consumers
Union, Improving Kids' Environment, Center for Environmental Health,
Environmental Working Group, Environmental Defense Fund, and James
Huff; Filing of Food Additive Petition.''
Received comments will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at https://www.fda.gov/regulatoryinformation/dockets/default.htm.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments 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: Judith Kidwell, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1071.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 409(b)(5) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 348(b)(5)), we are giving notice that we have
filed a food additive petition (FAP 5A4810) submitted by the Center for
Science in the Public Interest, Natural Resources Defense Council,
Center for Food Safety, Consumers Union, Improving Kids' Environment,
Center for Environmental Health, Environmental Working Group,
Environmental Defense Fund, and James Huff, c/o Thomas Neltner, 1875
Connecticut Ave. NW., Suite 600, Washington, DC 20009. The petition
proposes to amend Sec. 172.515 (21 CFR 172.515), Synthetic flavoring
substances and adjuvants, to no longer provide for the use of seven
listed synthetic flavoring food additives and to establish zero
tolerances for these additives.
The seven food additives that are the subject of this petition are
as follows:
Benzophenone (also known as diphenyl ketone) (CAS No.
119-61-9);
Ethyl acrylate (CAS No. 140-88-5);
Eugenyl methyl ether (also known as 4-allylveratrole or
methyl eugenol) (CAS No. 93-15-2);
Myrcene (also known as 7-methyl-3-methylene-1,6-
octadiene) (CAS No. 123-35-3);
Pulegone (also known as p-menth-4(8)-en-3-one) (CAS No.
89-82-7);
Pyridine (CAS No. 110-86-1); and
Styrene (CAS No. 100-42-5).
II. Amendment of Sec. 172.515
In accordance with the procedures for amending or revoking a food
additive regulation in Sec. 171.130 (21 CFR 171.130), the petition
asks us to amend Sec. 172.515 to no longer provide for the use of
these seven food additives as synthetic flavoring substances.
Specifically, the petitioners contend that new data establish that
these substances are carcinogenic and are, therefore, not safe for use
in food under the Delaney Clause (section 409(c)(3)(A) of the FD&C
Act), which provides that no food additive shall be deemed to be safe
if it is found to induce cancer when ingested by man or animal, or if
it is found, after tests which are appropriate for the evaluation of
the safety of food additives, to induce cancer in man or animal. The
petitioners cite, as evidence, conclusions by the National Toxicology
Program, the International Agency for Research on Cancer, and the
California Environmental Protection Agency's Office of Environmental
Health Hazard Assessment. The petitioners also include results from an
observational epidemiology study in humans exposed to styrene and a
number of long-term, animal feeding studies conducted on each of the
seven additives to support their request. If we determine new data are
available that establish these food additives induce cancer, then FDA
will amend Sec. 172.515 to no longer provide for their use by
publishing an amendment to the regulation in the Federal Register, as
set forth in Sec. Sec. 171.130 and 171.100 (21 CFR 171.100).
Although the petition proposes to amend only Sec. 172.515 to no
longer provide for the use of these seven synthetic flavoring
substances, our action in response to the petition could affect other
regulations which provide specifically for the use of these additives.
Specifically, benzophenone is also approved for use as an indirect food
additive, i.e., a plasticizer (21 CFR 177.2600(c)(4)(iv) diphenyl
ketone). We note that some of these flavoring substances (e.g., ethyl
acrylate, pyridine, styrene) are permitted for use by other food
additive regulations and food contact notifications as reactants or
manufacturing aids. Such uses are not the subject of these food
additive regulations and food contact notifications, and as such, may
not necessarily be affected if this petition results in a regulation.
III. Establish a Zero Tolerance
The petition also requests that FDA explicitly establish a zero
tolerance for these seven substances in Sec. 172.515. There is no
statutory or regulatory provision for establishing a zero tolerance
standard for flavoring food additives in Sec. 172.515. We note,
however, that 21 CFR part 189 permits FDA to prohibit by rulemaking the
use of substances in human foods because of a determination that they
present a potential risk to the public health or have not been shown by
adequate scientific data to be safe for use in human foods. To the
extent that a rulemaking under part 189 to prohibit the use of these
seven substances in food satisfies the petitioner's request for a zero
tolerance, we will consider, to the extent appropriate, whether such a
rulemaking is necessary if this petition results in a regulation.
We also are reviewing the potential environmental impact of the
petitioners' requested action. The petitioners have claimed a
categorical exclusion from preparing an environmental assessment or
environmental impact statement
[[Page 44]]
under 21 CFR 25.32(m). In accordance with regulations issued under the
National Environmental Policy Act (40 CFR 1506.6(b)), we are placing
the environmental document submitted with the subject petition on
public display at the Division of Dockets Management (see ADDRESSES) so
that interested persons may review the document. If we determine that
the petitioners' claim of categorical exclusion is warranted and that
neither an environmental assessment nor an environmental impact
statement is required, we will announce our determination in the
Federal Register if this petition results in a regulation. If we
determine that the claim of categorical exclusion is not warranted, we
will place the environmental assessment on public display at the
Division of Dockets Management and provide notice in the Federal
Register announcing its availability for review and comment.
Dated: December 29, 2015.
Dennis M. Keefe,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. 2015-33011 Filed 12-31-15; 8:45 am]
BILLING CODE 4164-01-P