81_FR_78744 81 FR 78528 - Novus International, Inc.; Filing of Food Additive Petition (Animal Use)

81 FR 78528 - Novus International, Inc.; Filing of Food Additive Petition (Animal Use)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 216 (November 8, 2016)

Page Range78528-78529
FR Document2016-26922

The Food and Drug Administration (FDA) is announcing that Novus International, Inc., has filed a petition proposing that the food additive regulations be amended to provide for the safe use of poly (2- vinylpyridine-co-styrene) as a nutrient protectant for methionine hydroxy analog in animal food for beef cattle, dairy cattle, and replacement dairy heifers. Additionally, the petition proposes that the food additive regulations be amended to provide for the safe use of ethyl cellulose as a binder for methionine hydroxy analog to be incorporated into animal food.

Federal Register, Volume 81 Issue 216 (Tuesday, November 8, 2016)
[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Proposed Rules]
[Pages 78528-78529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26922]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2014-F-0452]


Novus International, Inc.; Filing of Food Additive Petition 
(Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that 
Novus International, Inc., has filed a petition proposing that the food 
additive regulations be amended to provide for the safe use of poly (2-
vinylpyridine-co-styrene) as a nutrient protectant for methionine 
hydroxy analog in animal food for beef cattle, dairy cattle, and 
replacement dairy heifers. Additionally, the petition proposes that the 
food additive regulations be amended to provide for the safe use of 
ethyl cellulose as a binder for methionine hydroxy analog to be 
incorporated into animal food.

DATES: Submit either electronic or written comments on the petitioner's 
environmental assessment by December 8, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://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 comment, that information will be posted on http://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, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2014-F-0452 for ``Food Additives Permitted in Feed and Drinking 
Water of Animals; 2-Vinylpyridine-Co-Styrene.'' Received comments will 
be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at http://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 comment 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 http://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: http://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 http://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: Carissa Doody, Center for Veterinary 
Medicine (HFV-228), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-6283, [email protected].

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic 
Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a 
food additive petition (FAP 2295) has been filed by Novus 
International, Inc., 20 Research Park Dr., Saint Charles, MO 63304. The 
petition proposes to amend part 573 (21 CFR part 573) Food Additives 
Permitted in Feed and Drinking Water of Animals to provide for the safe 
use of poly (2-vinylpyridine-co-styrene) as a nutrient protectant for 
methionine hydroxy analog in animal food for beef cattle, dairy cattle, 
and replacement dairy heifers, and to provide for the safe use of ethyl 
cellulose as a binder for methionine hydroxy analog to be incorporated 
into animal food.
    The potential environmental impact of this action is being 
reviewed. To encourage public participation consistent with regulations 
issued under the National Environmental Policy Act (40 CFR 1501.4(b)), 
the Agency is placing the environmental assessment submitted with the 
petition that is the subject of this notice on public display at the 
Division of Dockets Management (see ADDRESSES) for public review and 
comment. Interested persons may submit to the Division of Dockets 
Management (see DATES and ADDRESSES) either electronic or written 
comments regarding this document. It is only necessary to send one set 
of comments. Identify comments with the docket number found in brackets 
in the

[[Page 78529]]

heading of this document. FDA will also place on public display any 
amendments to, or comments on, the petitioner's environmental 
assessment without further announcement in the Federal Register. If, 
based on its review, the Agency finds that an environmental impact 
statement is not required and this petition results in a regulation, 
the notice of availability of the Agency's finding of no significant 
impact and the evidence supporting that finding will be published with 
the regulation in the Federal Register in accordance with 21 CFR 
25.51(b).

    Dated: November 2, 2016.
Tracey H. Forfa,
Deputy Director, Center for Veterinary Medicine.
[FR Doc. 2016-26922 Filed 11-7-16; 8:45 am]
 BILLING CODE 4164-01-P



                                               78528                Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Proposed Rules

                                               Management and Budget (OMB) under                       anyone else’s Social Security number, or              sheet and not in the body of your
                                               the Paperwork Reduction Act of 1995                     confidential business information, such               comments and you must identify this
                                               (44 U.S.C. 3501–3520). The collections                  as a manufacturing process. Please note               information as ‘‘confidential.’’ Any
                                               of information in 21 CFR 1.230 through                  that if you include your name, contact                information marked as ‘‘confidential’’
                                               1.235 and 21 CFR 1.245 have been                        information, or other information that                will not be disclosed except in
                                               approved under OMB control number                       identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                               0910–0502.                                              comment, that information will be                     applicable disclosure law. For more
                                                 Dated: November 3, 2016.                              posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                                                                         • If you want to submit a comment                   comments to public dockets, see 80 FR
                                               Leslie Kux,
                                                                                                       with confidential information that you                56469, September 18, 2015, or access
                                               Associate Commissioner for Policy.                      do not wish to be made available to the               the information at: http://www.fda.gov/
                                               [FR Doc. 2016–26930 Filed 11–7–16; 8:45 am]             public, submit the comment as a                       regulatoryinformation/dockets/
                                               BILLING CODE 4164–01–P                                  written/paper submission and in the                   default.htm.
                                                                                                       manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                                                                       Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                               DEPARTMENT OF HEALTH AND                                                                                      electronic and written/paper comments
                                               HUMAN SERVICES                                          Written/Paper Submissions
                                                                                                                                                             received, go to http://
                                                                                                          Submit written/paper submissions as                www.regulations.gov and insert the
                                               Food and Drug Administration                            follows:                                              docket number, found in brackets in the
                                                                                                          • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                               21 CFR Part 573                                         written/paper submissions): Division of
                                                                                                                                                             ‘‘Search’’ box and follow the prompts
                                               [Docket No. FDA–2014–F–0452]                            Dockets Management (HFA–305), Food
                                                                                                                                                             and/or go to the Division of Dockets
                                                                                                       and Drug Administration, 5630 Fishers
                                                                                                                                                             Management, 5630 Fishers Lane, Rm.
                                               Novus International, Inc.; Filing of                    Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                          • For written/paper comments                       1061, Rockville, MD 20852.
                                               Food Additive Petition (Animal Use)
                                                                                                       submitted to the Division of Dockets                  FOR FURTHER INFORMATION CONTACT:
                                               AGENCY:    Food and Drug Administration,                Management, FDA will post your                        Carissa Doody, Center for Veterinary
                                               HHS.                                                    comment, as well as any attachments,                  Medicine (HFV–228), Food and Drug
                                               ACTION:   Notice of petition.                           except for information submitted,                     Administration, 7519 Standish Pl.,
                                                                                                       marked and identified, as confidential,               Rockville, MD 20855, 240–402–6283,
                                               SUMMARY:   The Food and Drug                            if submitted as detailed in                           carissa.doody@fda.hhs.gov.
                                               Administration (FDA) is announcing                      ‘‘Instructions.’’                                     SUPPLEMENTARY INFORMATION: Under the
                                               that Novus International, Inc., has filed                  Instructions: All submissions received             Federal Food, Drug, and Cosmetic Act
                                               a petition proposing that the food                      must include the Docket No. FDA–                      (section 409(b)(5) (21 U.S.C. 348(b)(5)),
                                               additive regulations be amended to                      2014–F–0452 for ‘‘Food Additives                      notice is given that a food additive
                                               provide for the safe use of poly (2-                    Permitted in Feed and Drinking Water                  petition (FAP 2295) has been filed by
                                               vinylpyridine-co-styrene) as a nutrient                 of Animals; 2-Vinylpyridine-Co-                       Novus International, Inc., 20 Research
                                               protectant for methionine hydroxy                       Styrene.’’ Received comments will be                  Park Dr., Saint Charles, MO 63304. The
                                               analog in animal food for beef cattle,                  placed in the docket and, except for                  petition proposes to amend part 573 (21
                                               dairy cattle, and replacement dairy                     those submitted as ‘‘Confidential                     CFR part 573) Food Additives Permitted
                                               heifers. Additionally, the petition                     Submissions,’’ publicly viewable at                   in Feed and Drinking Water of Animals
                                               proposes that the food additive                         http://www.regulations.gov or at the                  to provide for the safe use of poly (2-
                                               regulations be amended to provide for                   Division of Dockets Management                        vinylpyridine-co-styrene) as a nutrient
                                               the safe use of ethyl cellulose as a                    between 9 a.m. and 4 p.m., Monday                     protectant for methionine hydroxy
                                               binder for methionine hydroxy analog to                 through Friday.                                       analog in animal food for beef cattle,
                                               be incorporated into animal food.                          • Confidential Submissions—To                      dairy cattle, and replacement dairy
                                               DATES: Submit either electronic or                      submit a comment with confidential                    heifers, and to provide for the safe use
                                               written comments on the petitioner’s                    information that you do not wish to be                of ethyl cellulose as a binder for
                                               environmental assessment by December                    made publicly available, submit your                  methionine hydroxy analog to be
                                               8, 2016.                                                comment only as a written/paper                       incorporated into animal food.
                                               ADDRESSES: You may submit comments                      submission. You should submit two                        The potential environmental impact
                                               as follows:                                             copies total. One copy will include the               of this action is being reviewed. To
                                                                                                       information you claim to be confidential              encourage public participation
                                               Electronic Submissions                                  with a heading or cover note that states              consistent with regulations issued under
                                                 Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                              the National Environmental Policy Act
                                               following way:                                          CONFIDENTIAL INFORMATION.’’ The                       (40 CFR 1501.4(b)), the Agency is
                                                 • Federal eRulemaking Portal: http://                 Agency will review this copy, including               placing the environmental assessment
                                               www.regulations.gov. Follow the                         the claimed confidential information, in              submitted with the petition that is the
                                               instructions for submitting comments.                   its consideration of comments. The                    subject of this notice on public display
                                               Comments submitted electronically,                      second copy, which will have the                      at the Division of Dockets Management
                                               including attachments, to http://                       claimed confidential information                      (see ADDRESSES) for public review and
                                               www.regulations.gov will be posted to                   redacted/blacked out, will be available               comment. Interested persons may
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                                               the docket unchanged. Because your                      for public viewing and posted on http://              submit to the Division of Dockets
                                               comment will be made public, you are                    www.regulations.gov. Submit both                      Management (see DATES and ADDRESSES)
                                               solely responsible for ensuring that your               copies to the Division of Dockets                     either electronic or written comments
                                               comment does not include any                            Management. If you do not wish your                   regarding this document. It is only
                                               confidential information that you or a                  name and contact information to be                    necessary to send one set of comments.
                                               third party may not wish to be posted,                  made publicly available, you can                      Identify comments with the docket
                                               such as medical information, your or                    provide this information on the cover                 number found in brackets in the


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                                                                    Federal Register / Vol. 81, No. 216 / Tuesday, November 8, 2016 / Proposed Rules                                             78529

                                               heading of this document. FDA will also                 instructions for submitting comments.                    • Follow directions and organize your
                                               place on public display any                             Once submitted, comments cannot be                    comments;
                                               amendments to, or comments on, the                      edited or removed from Regulations.gov.                  • Explain why you agree or disagree;
                                               petitioner’s environmental assessment                   The EPA may publish any comment                          • Suggest alternatives and substitute
                                               without further announcement in the                     received to its public docket. Do not                 language for your requested changes;
                                               Federal Register. If, based on its review,              submit electronically any information                    • Describe any assumptions and
                                               the Agency finds that an environmental                  you consider to be Confidential                       provide any technical information and/
                                               impact statement is not required and                    Business Information (CBI) or other                   or data that you used;
                                               this petition results in a regulation, the              information whose disclosure is                          • If you estimate potential costs or
                                               notice of availability of the Agency’s                  restricted by statute. Multimedia                     burdens, explain how you arrived at
                                               finding of no significant impact and the                submissions (audio, video, etc.) must be              your estimate in sufficient detail to
                                               evidence supporting that finding will be                accompanied by a written comment.                     allow for it to be reproduced;
                                               published with the regulation in the                    The written comment is considered the                    • Provide specific examples to
                                               Federal Register in accordance with 21                  official comment and should include                   illustrate your concerns, and suggest
                                               CFR 25.51(b).                                           discussion of all points you wish to                  alternatives;
                                                                                                       make. The EPA will generally not                         • Explain your views as clearly as
                                                 Dated: November 2, 2016.                                                                                    possible, avoiding the use of profanity
                                                                                                       consider comments or comment
                                               Tracey H. Forfa,                                                                                              or personal threats; and,
                                                                                                       contents located outside of the primary
                                               Deputy Director, Center for Veterinary                  submission (i.e., on the web, cloud, or                  • Make sure to submit your
                                               Medicine.
                                                                                                       other file sharing system). For                       comments by the comment period
                                               [FR Doc. 2016–26922 Filed 11–7–16; 8:45 am]             additional submission methods, the full               deadline identified.
                                               BILLING CODE 4164–01–P                                  EPA public comment policy,                            II. Background
                                                                                                       information about CBI or multimedia                      On March 12, 2008, the EPA
                                                                                                       submissions, and general guidance on                  promulgated a new NAAQS for ozone,
                                               ENVIRONMENTAL PROTECTION                                making effective comments, please visit
                                               AGENCY                                                                                                        revising the levels of the primary and
                                                                                                       http://www2.epa.gov/dockets/                          secondary eight-hour ozone standards
                                                                                                       commenting-epa-dockets.                               from 0.08 parts per million (ppm) to
                                               40 CFR Part 52
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      0.075 ppm (73 FR 16436, March 27,
                                               [EPA–R08–OAR–2012–0933; FRL–9954–92–                    Abby Fulton, Air Program, U.S.                        2008). Subsequently, on October 15,
                                               Region 8]                                               Environmental Protection Agency                       2008, the EPA revised the level of the
                                                                                                       (EPA), Region 8, Mail Code 8P–AR,                     primary and secondary Pb NAAQS from
                                               Promulgation of State Implementation                    1595 Wynkoop Street, Denver, Colorado
                                               Plan Revisions; Infrastructure                                                                                1.5 micrograms per cubic meter (mg/m3)
                                                                                                       80202–1129, (303) 312–6563,                           to 0.15 mg/m3 (73 FR 66964, Nov. 12,
                                               Requirements for the 2008 Lead, 2008                    fulton.abby@epa.gov.
                                               Ozone, 2010 NO2, 2010 SO2, and 2012                                                                           2008). On January 22, 2010, the EPA
                                                                                                       SUPPLEMENTARY INFORMATION:                            promulgated a new one-hour primary
                                               PM2.5 National Ambient Air Quality
                                               Standards; Wyoming                                      I. General Information                                NAAQS for NO2 at a level of 100 parts
                                                                                                                                                             per billion (ppb) while retaining the
                                               AGENCY:  Environmental Protection                       What should I consider as I prepare my                annual standard of 53 ppb. The 2010
                                               Agency.                                                 comments for the EPA?                                 NO2 NAAQS is expressed as the three-
                                               ACTION: Proposed rule.                                     1. Submitting Confidential Business                year average of the 98th percentile of the
                                                                                                       Information (CBI). Do not submit CBI to               annual distribution of daily maximum
                                               SUMMARY:   The Environmental Protection                 the EPA through http://                               one-hour average concentrations. The
                                               Agency (EPA) is proposing to approve                    www.regulations.gov or email. Clearly                 secondary NO2 NAAQS remains
                                               elements of State Implementation Plan                   mark the part or all of the information               unchanged at 53 ppb (75 FR 6474, Feb.
                                               (SIP) revisions from the State of                       that you claim to be CBI. For CBI                     9, 2010). On June 2, 2010, the EPA
                                               Wyoming to demonstrate the State                        information on a disk or CD–ROM that                  promulgated a revised primary SO2
                                               meets infrastructure requirements of the                you mail to the EPA, mark the outside                 standard at 75 ppb, based on a three-
                                               Clean Air Act (Act or CAA) for the                      of the disk or CD–ROM as CBI and then                 year average of the annual 99th
                                               National Ambient Air Quality Standards                  identify electronically within the disk or            percentile of one-hour daily maximum
                                               (NAAQS) promulgated for ozone on                        CD–ROM the specific information that                  concentrations (75 FR 35520, June 22,
                                               March 12, 2008, lead (Pb) on October                    is claimed as CBI. In addition to one                 2010). Finally, on December 14, 2012,
                                               15, 2008, nitrogen dioxide (NO2) on                     complete version of the comment that                  the EPA promulgated a revised annual
                                               January 22, 2010, sulfur dioxide (SO2)                  includes information claimed as CBI, a                PM2.5 standard by lowering the level to
                                               on June 2, 2010, and fine particulate                   copy of the comment that does not                     12.0 mg/m3 and retaining the 24-hour
                                               matter (PM2.5) on December 14, 2012.                    contain the information claimed as CBI                PM2.5 standard at a level of 35 mg/m3 (78
                                               The EPA is also proposing to approve                    must be submitted for inclusion in the                FR 3086, Jan. 15, 2013).
                                               SIP revisions the State submitted                       public docket. Information so marked                     Under sections 110(a)(1) and (2) of the
                                               regarding state boards. Section 110(a) of               will not be disclosed except in                       CAA, states are required to submit
                                               the CAA requires that each state submit                 accordance with procedures set forth in               infrastructure SIPs to ensure their SIPs
                                               a SIP for the implementation,                           40 CFR part 2.                                        provide for implementation,
                                               maintenance and enforcement of each                        2. Tips for preparing your comments.               maintenance and enforcement of the
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                                               NAAQS promulgated by the EPA.                           When submitting comments, remember                    NAAQS. These submissions must
                                               DATES: Written comments must be                         to:                                                   contain any revisions needed for
                                               received on or before December 8, 2016.                    • Identify the rulemaking by docket                meeting the applicable SIP requirements
                                               ADDRESSES: Submit your comments,                        number and other identifying                          of section 110(a)(2), or certifications that
                                               identified by Docket ID No. EPA–R08–                    information (subject heading, Federal                 their existing SIPs for PM2.5, ozone, Pb,
                                               OAR–2012–0933 at http://                                Register volume, date, and page                       NO2, and SO2 already meet those
                                               www.regulations.gov. Follow the online                  number);                                              requirements. The EPA highlighted this


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Document Created: 2018-02-14 08:23:46
Document Modified: 2018-02-14 08:23:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of petition.
DatesSubmit either electronic or written comments on the petitioner's environmental assessment by December 8, 2016.
ContactCarissa Doody, Center for Veterinary Medicine (HFV-228), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-6283, [email protected]
FR Citation81 FR 78528 

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