81_FR_86498 81 FR 86268 - Food Additives Permitted in Feed and Drinking Water of Animals; Guanidinoacetic Acid

81 FR 86268 - Food Additives Permitted in Feed and Drinking Water of Animals; Guanidinoacetic Acid

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 230 (November 30, 2016)

Page Range86268-86270
FR Document2016-28754

The Food and Drug Administration (FDA, we, the Agency) is amending the regulations for food additives permitted in feed and drinking water of animals to provide for the safe use of guanidinoacetic acid as a substance that spares arginine and serves as a precursor of creatine in broiler chicken and turkey feeds. This action is in response to a food additive petition filed by Alzchem AG.

Federal Register, Volume 81 Issue 230 (Wednesday, November 30, 2016)
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Rules and Regulations]
[Pages 86268-86270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28754]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2015-F-2337]


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA, we, the Agency) is 
amending the regulations for food additives permitted in feed and 
drinking water of animals to provide for the safe use of 
guanidinoacetic acid as a substance that spares arginine and serves as 
a precursor of creatine in broiler chicken and turkey feeds. This 
action is in response to a food additive petition filed by Alzchem AG.

DATES: This rule is effective November 30, 2016. Submit either written 
or electronic objections and requests for a hearing by December 30, 
2016. See section V of this document for information on the filing of 
objections.

ADDRESSES: You may submit objections and requests for a hearing as 
follows:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Objections submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your objection will be 
made public, you are solely responsible for ensuring that your 
objection 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 objection, that information will be 
posted on http://www.regulations.gov.
     If you want to submit an objection with confidential 
information that you do not wish to be made available to the public, 
submit the objection as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

[[Page 86269]]

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 objections submitted to the Division of 
Dockets Management, FDA will post your objection, 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-2015-F-2337 for ``Food Additives Permitted in Feed and Drinking 
Water of Animals; Guanidinoacetic Acid.'' Received objections 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 an objection with 
confidential information that you do not wish to be made publicly 
available, submit your objections only as a written/paper submission. 
You should submit two copies in 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 objections. 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 objections 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 objections 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: Chelsea Trull, Center for Veterinary 
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, 
MD 20855, 240-402-6729, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In a document published in the Federal Register of July 16, 2015 
(80 FR 42069), FDA announced that we had filed a food additive petition 
(animal use) (FAP 2292) submitted by Alzchem AG, Chemiepark Trostberg, 
Dr.-Albert-Frank-Str. 32, 83308, Trostberg, Germany. The petition 
proposed that the regulations for food additives permitted in feed and 
drinking water of animals be amended to provide for the safe use of 
guanidinoacetic acid as a substance that spares arginine and serves as 
a precursor of creatine in broiler chicken and turkey feeds. The notice 
of petition provided for a 30-day comment period on the petitioner's 
request for categorical exclusion from preparing an environmental 
assessment or environmental impact statement.

II. Conclusion

    FDA concludes that the data establish the safety and utility of 
guanidinoacetic acid for use as a substance that spares arginine and 
serves as a precursor of creatine in broiler chicken and turkey feeds 
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 documents we considered and relied upon in reaching our decision to 
approve the petition will be made available for public disclosure (see 
FOR FURTHER INFORMATION CONTACT). As provided in Sec.  571.1(h), we 
will delete from the documents any materials that are not available for 
public disclosure before making the documents available for inspection.

IV. Analysis of 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.
    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 http://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 part 573 continues to read as follows:

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

0
2. Add Sec.  573.496 to read as follows:


Sec.  573.496   Guanidinoacetic acid.

    The food additive, guanidinoacetic acid, may be safely used in 
broiler chicken and turkey feeds in accordance with the following 
prescribed conditions:
    (a) The additive is manufactured by reacting glycine with cyanamide 
in an aqueous solution.

[[Page 86270]]

    (b) The additive is used or intended for use to spare arginine and 
as a precursor of creatine in broiler chicken and turkey feeds at 
levels not to exceed 0.12 percent of the complete feed.
    (c) The additive consists of not less than 97 percent 
guanidinoacetic acid [N-(aminoiminomethyl)-glycine] (CAS 352-97-6) by 
weight.
    (d) The additive meets the following specifications:
    (1) Dicyandiamide not to exceed 0.5 percent;
    (2) Cyanamide not to exceed 0.01 percent;
    (3) Melamine not to exceed 15 parts per million (ppm);
    (4) Sum of ammeline, ammelide, and cyanuric acid not to exceed 35 
ppm; and
    (5) Water not to exceed 1 percent.
    (e) To assure safe use of the additive in addition to the other 
information required by the Federal Food, Drug, and Cosmetic Act:
    (1) The label and labeling of the additive, any feed premix, and 
complete feed shall contain the name of the additive.
    (2) The label and labeling of the additive and any feed premix 
shall also contain:
    (i) A statement to indicate that the maximum use level of 
guanidinoacetic acid must not exceed 0.12 percent of the complete feed 
for broiler chickens and turkeys; and
    (ii) Adequate directions for use.

    Dated: November 22, 2016.
Tracey H. Forfa,
Deputy Director, Center for Veterinary Medicine.
[FR Doc. 2016-28754 Filed 11-29-16; 8:45 am]
BILLING CODE 4164-01-P



                                              86268        Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations

                                              § 1026.3(b) exemption at consummation                   the creditor in real property, or in                  DEPARTMENT OF HEALTH AND
                                              in year one is refinanced in year ten and               personal property used or expected to                 HUMAN SERVICES
                                              that the new loan amount is less than                   be used as the consumer’s principal
                                              the threshold amount in effect in year                  dwelling. If, on July 20, 2011, an open-              Food and Drug Administration
                                              ten. In these circumstances, the creditor               end account is exempt under § 1026.3(b)
                                              must comply with all of the applicable                  based on a firm commitment to extend                  21 CFR Part 573
                                              requirements of this part with respect to               credit in excess of $25,000, the account
                                              the year ten transaction if the original                remains exempt under § 1026.3(b)(2)                   [Docket No. FDA–2015–F–2337]
                                              loan is satisfied and replaced by the                   until December 31, 2011 (unless the
                                              new loan, which is not exempt under                                                                           Food Additives Permitted in Feed and
                                                                                                      firm commitment is reduced to $25,000
                                              § 1026.3(b). See also comment 3(b)–6.                                                                         Drinking Water of Animals;
                                                 6. Addition of a security interest in                or less). If the firm commitment is
                                                                                                                                                            Guanidinoacetic Acid
                                              real property or a dwelling after account               increased on or before December 31,
                                              opening or consummation. i. Open-end                    2011 to an amount in excess of $50,000,               AGENCY:   Food and Drug Administration,
                                              credit. For open-end accounts, if after                 the account remains exempt under                      HHS.
                                              account opening a security interest is                  § 1026.3(b)(1) regardless of subsequent               ACTION:   Final rule.
                                              taken in real property, or in personal                  increases in the threshold amount as a
                                              property used or expected to be used as                 result of increases in the CPI–W. If the              SUMMARY:    The Food and Drug
                                              the consumer’s principal dwelling, a                    firm commitment is not increased on or                Administration (FDA, we, the Agency)
                                              previously exempt account ceases to be                  before December 31, 2011 to an amount                 is amending the regulations for food
                                              exempt under § 1026.3(b) and the                        in excess of $50,000, the account ceases              additives permitted in feed and drinking
                                              creditor must begin to comply with all                  to be exempt under § 1026.3(b) based on               water of animals to provide for the safe
                                              of the applicable requirements of this                  a firm commitment to extend credit. For               use of guanidinoacetic acid as a
                                              part within a reasonable period of time.                example:                                              substance that spares arginine and
                                              See comment 3(b)–4.ii. If a security                                                                          serves as a precursor of creatine in
                                                                                                         i. Assume that, on July 20, 2011, the              broiler chicken and turkey feeds. This
                                              interest is taken in the consumer’s
                                              principal dwelling, the creditor must                   account is exempt under § 1026.3(b)                   action is in response to a food additive
                                              also give the consumer the right to                     based on the creditor’s firm                          petition filed by Alzchem AG.
                                              rescind the security interest consistent                commitment to extend $30,000 in
                                                                                                                                                            DATES: This rule is effective November
                                              with § 1026.15.                                         credit. On November 1, 2011, the
                                                                                                                                                            30, 2016. Submit either written or
                                                 ii. Closed-end credit. For closed-end                creditor increases the firm commitment
                                                                                                                                                            electronic objections and requests for a
                                              loans, if after consummation a security                 on the account to $55,000. In these
                                                                                                                                                            hearing by December 30, 2016. See
                                              interest is taken in real property, or in               circumstances, the account remains                    section V of this document for
                                              personal property used or expected to                   exempt under § 1026.3(b)(1) regardless                information on the filing of objections.
                                              be used as the consumer’s principal                     of subsequent increases in the threshold
                                              dwelling, an exempt loan remains                                                                              ADDRESSES: You may submit objections
                                                                                                      amount as a result of increases in the
                                              exempt under § 1026.3(b). However, the                                                                        and requests for a hearing as follows:
                                                                                                      CPI–W.
                                              addition of a security interest in the                                                                        Electronic Submissions
                                                                                                         ii. Same facts as paragraph i above
                                              consumer’s principal dwelling is a
                                                                                                      except, on November 1, 2011, the                        Submit electronic objections in the
                                              transaction for purposes of § 1026.23,
                                              and the creditor must give the consumer                 creditor increases the firm commitment                following way:
                                              the right to rescind the security interest              on the account to $40,000. In these                     • Federal eRulemaking Portal: http://
                                              consistent with that section. See                       circumstances, the account ceases to be               www.regulations.gov. Follow the
                                              § 1026.23(a)(1) and its commentary. In                  exempt under § 1026.3(b)(2) after                     instructions for submitting comments.
                                              contrast, if a closed-end loan that is                  December 31, 2011, and the creditor                   Objections submitted electronically,
                                              exempt under § 1026.3(b) is satisfied                   must begin to comply with the                         including attachments, to http://
                                              and replaced by a loan that is secured                  applicable requirements of this part.                 www.regulations.gov will be posted to
                                              by real property, or by personal property               *       *     *     *   *                             the docket unchanged. Because your
                                              used or expected to be used as the                                                                            objection will be made public, you are
                                                                                                        By order of the Board of Governors of the           solely responsible for ensuring that your
                                              consumer’s principal dwelling, the new
                                                                                                      Federal Reserve System, November 17, 2016.            objection does not include any
                                              loan is not exempt under § 1026.3(b),
                                              and the creditor must comply with all                   Robert deV. Frierson,                                 confidential information that you or a
                                              of the applicable requirements of this                  Secretary of the Board.                               third party may not wish to be posted,
                                              part. See comment 3(b)–5.                                 Dated: November 7, 2016.                            such as medical information, your or
                                                 7. Application to extensions secured                                                                       anyone else’s Social Security number, or
                                                                                                      Richard Cordray,
                                              by mobile homes. Because a mobile                                                                             confidential business information, such
                                                                                                      Director, Bureau of Consumer Financial                as a manufacturing process. Please note
                                              home can be a dwelling under
                                                                                                      Protection.                                           that if you include your name, contact
                                              § 1026.2(a)(19), the exemption in
                                                                                                      [FR Doc. 2016–28718 Filed 11–29–16; 8:45 am]          information, or other information that
                                              § 1026.3(b) does not apply to a credit
                                              extension secured by a mobile home                      BILLING CODE 6210–01–4810–AM–P                        identifies you in the body of your
                                              that is used or expected to be used as                                                                        objection, that information will be
                                              the principal dwelling of the consumer.                                                                       posted on http://www.regulations.gov.
sradovich on DSK3GMQ082PROD with RULES




                                              See comment 3(b)–6.                                                                                             • If you want to submit an objection
                                                 8. Transition rule for open-end                                                                            with confidential information that you
                                              accounts exempt prior to July 21, 2011.                                                                       do not wish to be made available to the
                                              Section 1026.3(b)(2) applies only to                                                                          public, submit the objection as a
                                              open-end accounts opened prior to July                                                                        written/paper submission and in the
                                              21, 2011. Section 1026.3(b)(2) does not                                                                       manner detailed (see ‘‘Written/Paper
                                              apply if a security interest is taken by                                                                      Submissions’’ and ‘‘Instructions’’).


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                                                           Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations                                                 86269

                                              Written/Paper Submissions                                  Docket: For access to the docket to                cumulatively have a significant effect on
                                                                                                      read background documents or the                      the human environment. Therefore,
                                                 Submit written/paper submissions as                  electronic and written/paper objections               neither an environmental assessment
                                              follows:                                                received, go to http://                               nor an environmental impact statement
                                                 • Mail/Hand delivery/Courier (for                    www.regulations.gov and insert the                    is required.
                                              written/paper submissions): Division of                 docket number, found in brackets in the
                                              Dockets Management (HFA–305), Food                      heading of this document, into the                    V. Objections and Hearing Requests
                                              and Drug Administration, 5630 Fishers                   ‘‘Search’’ box and follow the prompts                    Any person who will be adversely
                                              Lane, Rm. 1061, Rockville, MD 20852.                    and/or go to the Division of Dockets                  affected by this regulation may file with
                                                 • For written/paper objections                       Management, 5630 Fishers Lane, Rm.                    the Division of Dockets Management
                                              submitted to the Division of Dockets                    1061, Rockville, MD 20852.                            (see ADDRESSES) either electronic or
                                              Management, FDA will post your                          FOR FURTHER INFORMATION CONTACT:                      written objections. Each objection shall
                                              objection, as well as any attachments,                  Chelsea Trull, Center for Veterinary                  be separately numbered, and each
                                              except for information submitted,                       Medicine, Food and Drug                               numbered objection shall specify with
                                              marked and identified, as confidential,                 Administration, 7519 Standish Pl.,                    particularity the provision of the
                                              if submitted as detailed in                             Rockville, MD 20855, 240–402–6729,                    regulation to which objection is made
                                              ‘‘Instructions.’’                                       chelsea.trull@fda.hhs.gov.                            and the grounds for the objection. Each
                                                 Instructions: All submissions received               SUPPLEMENTARY INFORMATION:                            numbered objection on which a hearing
                                              must include the Docket No. FDA–                                                                              is requested shall specifically so state.
                                                                                                      I. Background                                         Failure to request a hearing for any
                                              2015–F–2337 for ‘‘Food Additives
                                              Permitted in Feed and Drinking Water                       In a document published in the                     particular objection shall constitute a
                                              of Animals; Guanidinoacetic Acid.’’                     Federal Register of July 16, 2015 (80 FR              waiver of the right to a hearing on that
                                              Received objections will be placed in                   42069), FDA announced that we had                     objection. Each numbered objection for
                                              the docket and, except for those                        filed a food additive petition (animal                which a hearing is requested shall
                                              submitted as ‘‘Confidential                             use) (FAP 2292) submitted by Alzchem                  include a detailed description and
                                              Submissions,’’ publicly viewable at                     AG, Chemiepark Trostberg, Dr.-Albert-                 analysis of the specific factual
                                              http://www.regulations.gov or at the                    Frank-Str. 32, 83308, Trostberg,                      information intended to be presented in
                                              Division of Dockets Management                          Germany. The petition proposed that                   support of the objection in the event
                                              between 9 a.m. and 4 p.m., Monday                       the regulations for food additives                    that a hearing is held. Failure to include
                                              through Friday.                                         permitted in feed and drinking water of               such a description and analysis for any
                                                 • Confidential Submissions—To                        animals be amended to provide for the                 particular objection shall constitute a
                                              submit an objection with confidential                   safe use of guanidinoacetic acid as a                 waiver of the right to a hearing on the
                                              information that you do not wish to be                  substance that spares arginine and                    objection.
                                              made publicly available, submit your                    serves as a precursor of creatine in                     Any objections received in response
                                              objections only as a written/paper                      broiler chicken and turkey feeds. The                 to the regulation may be seen in the
                                              submission. You should submit two                       notice of petition provided for a 30-day              Division of Dockets Management
                                              copies in total. One copy will include                  comment period on the petitioner’s                    between 9 a.m. and 4 p.m., Monday
                                              the information you claim to be                         request for categorical exclusion from                through Friday, and will be posted to
                                              confidential with a heading or cover                    preparing an environmental assessment                 the docket at http://
                                              note that states ‘‘THIS DOCUMENT                        or environmental impact statement.                    www.regulations.gov.
                                              CONTAINS CONFIDENTIAL                                   II. Conclusion                                        List of Subjects in 21 CFR Part 573
                                              INFORMATION.’’ The Agency will                             FDA concludes that the data establish
                                              review this copy, including the claimed                                                                         Animal feeds, Food additives.
                                                                                                      the safety and utility of guanidinoacetic
                                              confidential information, in its                        acid for use as a substance that spares                 Therefore, under the Federal Food,
                                              consideration of objections. The second                 arginine and serves as a precursor of                 Drug, and Cosmetic Act and under
                                              copy, which will have the claimed                       creatine in broiler chicken and turkey                authority delegated to the Commissioner
                                              confidential information redacted/                      feeds and that the food additive                      of Food and Drugs and redelegated to
                                              blacked out, will be available for public               regulations should be amended as set                  the Center for Veterinary Medicine, 21
                                              viewing and posted on http://                           forth in this document.                               CFR part 573 is amended as follows:
                                              www.regulations.gov. Submit both
                                              copies to the Division of Dockets                       III. Public Disclosure                                PART 573—FOOD ADDITIVES
                                              Management. If you do not wish your                        In accordance with § 571.1(h) (21 CFR              PERMITTED IN FEED AND DRINKING
                                              name and contact information to be                      571.1(h)), the petition and documents                 WATER OF ANIMALS
                                              made publicly available, you can                        we considered and relied upon in
                                              provide this information on the cover                                                                         ■ 1. The authority citation for part 573
                                                                                                      reaching our decision to approve the                  continues to read as follows:
                                              sheet and not in the body of your                       petition will be made available for
                                              objections and you must identify this                   public disclosure (see FOR FURTHER                        Authority: 21 U.S.C. 321, 342, 348.
                                              information as ‘‘confidential.’’ Any                    INFORMATION CONTACT). As provided in                  ■   2. Add § 573.496 to read as follows:
                                              information marked as ‘‘confidential’’                  § 571.1(h), we will delete from the
                                              will not be disclosed except in                                                                               § 573.496    Guanidinoacetic acid.
                                                                                                      documents any materials that are not
                                              accordance with 21 CFR 10.20 and other                  available for public disclosure before                  The food additive, guanidinoacetic
sradovich on DSK3GMQ082PROD with RULES




                                              applicable disclosure law. For more                     making the documents available for                    acid, may be safely used in broiler
                                              information about FDA’s posting of                      inspection.                                           chicken and turkey feeds in accordance
                                              comments to public dockets, see 80 FR                                                                         with the following prescribed
                                              56469, September 18, 2015, or access                    IV. Analysis of Environmental Impact                  conditions:
                                              the information at: http://www.fda.gov/                   The Agency has determined under 21                    (a) The additive is manufactured by
                                              regulatoryinformation/dockets/                          CFR 25.32(r) that this action is of a type            reacting glycine with cyanamide in an
                                              default.htm.                                            that does not individually or                         aqueous solution.


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                                              86270        Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 / Rules and Regulations

                                                (b) The additive is used or intended                  DATES:  These regulations are effective               Subpart A—Procedures for Disclosure
                                              for use to spare arginine and as a                      December 27, 2016.                                    of Records Under the Freedom of
                                              precursor of creatine in broiler chicken                ADDRESSES: Questions or comments on                   Information Act
                                              and turkey feeds at levels not to exceed                this action are welcome. Mail or deliver
                                              0.12 percent of the complete feed.                                                                               This subpart sets forth the procedural
                                                                                                      written comments to: Michael Elston,                  rules applicable to the submission and
                                                (c) The additive consists of not less                 Associate General Counsel and Chief
                                              than 97 percent guanidinoacetic acid                                                                          processing of FOIA requests, including
                                                                                                      Ethics & Compliance Officer, 475                      how and to whom a request should be
                                              [N-(aminoiminomethyl)-glycine] (CAS                     L’Enfant Plaza SW., Room 6000,
                                              352–97–6) by weight.                                                                                          submitted, the responsibility for and the
                                                                                                      Washington, DC 20260–1135.                            timing of a response, the nature and
                                                (d) The additive meets the following
                                              specifications:                                         FOR FURTHER INFORMATION CONTACT:                      content of the response, the treatment of
                                                (1) Dicyandiamide not to exceed 0.5                   Natalie A. Bonanno, Chief Counsel,                    confidential commercial information
                                              percent;                                                Federal Compliance,                                   obtained from a submitter outside the
                                                (2) Cyanamide not to exceed 0.01                      natalie.a.bonanno@usps.gov, (202) 268–                Postal Service that may be protected
                                              percent;                                                2944.                                                 from disclosure, the procedure for
                                                (3) Melamine not to exceed 15 parts                   SUPPLEMENTARY INFORMATION: The Postal                 making an administrative appeal of the
                                              per million (ppm);                                      Service is amending 39 CFR part 265 to                Postal Service’s response to a request,
                                                (4) Sum of ammeline, ammelide, and                    implement changes to the procedures                   and the fees that may apply to
                                              cyanuric acid not to exceed 35 ppm; and                 for the disclosure of records and for                 processing a request. This subpart is
                                                (5) Water not to exceed 1 percent.                    engaging in dispute resolution under the              designed to carry forward the
                                                (e) To assure safe use of the additive                Freedom of Information Act (FOIA), 5                  substantive content of former §§ 265.1–
                                              in addition to the other information                    U.S.C. 552, as required by the FOIA                   265.5 and §§ 265.7–265.9 in a more
                                              required by the Federal Food, Drug, and                 Improvement Act of 2016 (FOIAIA),                     accessible and useful format.
                                              Cosmetic Act:                                           Public Law 114–185 (June 30, 2016),
                                                (1) The label and labeling of the                                                                           265.1    General Provisions
                                                                                                      130 Stat. 538. Under section 3 of the
                                              additive, any feed premix, and complete                 FOIA Improvement Act (130 Stat. 544)                    This section has been retitled and
                                              feed shall contain the name of the                      agencies are required to make such                    revised to present a concise and
                                              additive.                                               changes not later than 180 days after its             accessible overview of the policies and
                                                (2) The label and labeling of the                     date of enactment.                                    functions implemented by this subpart.
                                              additive and any feed premix shall also                   The Postal Service has accordingly
                                              contain:                                                prepared a revision of 39 CFR part 265                265.2 Proactive Disclosure of Postal
                                                (i) A statement to indicate that the                                                                        Service Records
                                                                                                      to implement the amendments to the
                                              maximum use level of guanidinoacetic
                                                                                                      FOIA contained in section 2 of the                      This section has been retitled and
                                              acid must not exceed 0.12 percent of the
                                                                                                      FOIAIA. These amendments relate to                    revised to ensure the continued
                                              complete feed for broiler chickens and
                                                                                                      such matters as the availability of                   availability of those records that must be
                                              turkeys; and
                                                                                                      certain records for public inspection in              made publicly available, or are
                                                (ii) Adequate directions for use.
                                                                                                      an electronic format; the assessment of               appropriate for public disclosure, and to
                                                Dated: November 22, 2016.                             fees related to voluminous record                     provide for the posting and indexing of
                                              Tracey H. Forfa,                                        requests; modifications to the                        records in an electronic format as
                                              Deputy Director, Center for Veterinary                  exemptions from disclosure for certain                required under the FOIAIA.
                                              Medicine.                                               records described in 5 U.S.C. 552(b);
                                              [FR Doc. 2016–28754 Filed 11–29–16; 8:45 am]            and addressing the role of the Office of              265.3 Procedure for Submitting a FOIA
                                              BILLING CODE 4164–01–P                                  Government Information Services                       Request
                                                                                                      (OGIS).
                                                                                                                                                              This section has been retitled and
                                                                                                        In addition, the Postal Service is
                                                                                                                                                            revised to explain the organization and
                                              POSTAL SERVICE                                          restructuring its FOIA response
                                                                                                                                                            functions of the Postal Service’s FOIA
                                                                                                      procedures, without substantive change
                                              39 CFR Part 265                                                                                               Requester Service Centers (RSCs), as
                                                                                                      to their underlying policy, with the
                                                                                                                                                            well as the procedures to be followed in
                                                                                                      objective of enhancing their usefulness
                                              Production or Disclosure of Material or                                                                       submitting a FOIA request.
                                                                                                      and comprehensibility. In this regard,
                                              Information                                             39 CFR part 265 has been retitled and                 265.4 Responsibility for Responding to
                                              AGENCY:  Postal Service.                                subdivided into three subparts, dealing               Requests
                                              ACTION: Final rule.
                                                                                                      separately with (1) the generally
                                                                                                      applicable procedures for the disclosure                This section has been retitled and
                                              SUMMARY:   The Postal Service is                        of records under FOIA; (2) special rules              revised to clarify the functional
                                              amending its regulations concerning                     applicable to the disclosure of records               responsibilities of the RSCs in
                                              compliance with the Freedom of                          in compliance with subpoenas and                      responding to FOIA requests.
                                              Information Act (FOIA) to implement                     other court orders, in response to                    265.5    Timing of Responses to Requests
                                              the changes to the procedures for the                   requests for records or testimony in
                                              disclosure of records and for engaging in               other legal proceedings, or pursuant to                 This section has been retitled and
                                              dispute resolution required by the FOIA                 requests directed to the Postal                       revised to set out the timeframe
sradovich on DSK3GMQ082PROD with RULES




                                              Improvement Act of 2016. As part of                     Inspection Service; and (3) the rules                 applicable to the processing of requests,
                                              this process, the Postal Service is also                concerning the availability of specific               including special provisions for the
                                              restructuring the regulations setting                   categories of records that are not subject            multitrack processing of simple or
                                              forth its FOIA procedures, without                      to mandatory disclosure in whole or in                complex requests, expedited processing
                                              substantive change, to make them easier                 part.                                                 where appropriate, the extension of time
                                              for members of the public to understand                   As reorganized and amended, 39 CFR                  in unusual circumstances, and
                                              and use.                                                part 265 is structured as follows:                    aggregation of requests.


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Document Created: 2016-11-30 02:17:48
Document Modified: 2016-11-30 02:17:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective November 30, 2016. Submit either written or electronic objections and requests for a hearing by December 30, 2016. See section V of this document for information on the filing of objections.
ContactChelsea Trull, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-6729, [email protected]
FR Citation81 FR 86268 
CFR AssociatedAnimal Feeds and Food Additives

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