81_FR_95274 81 FR 95026 - Food Additives Permitted in Feed and Drinking Water of Animals; Feed Grade Sodium Formate

81 FR 95026 - Food Additives Permitted in Feed and Drinking Water of Animals; Feed Grade Sodium Formate

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95026-95027
FR Document2016-31079

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 feed grade sodium formate as a feed acidifying agent in complete poultry feeds. This action is in response to a food additive petition filed by BASF Corp.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95026-95027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31079]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2015-F-4282]


Food Additives Permitted in Feed and Drinking Water of Animals; 
Feed Grade Sodium Formate

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 feed grade 
sodium formate as a feed acidifying agent in complete poultry feeds. 
This action is in response to a food additive petition filed by BASF 
Corp.

DATES: This rule is effective December 27, 2016. Submit either written 
or electronic objections and requests for a hearing by January 26, 
2017. 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: https://www.regulations.gov. 
Follow the instructions for submitting comments. Objections submitted 
electronically, including attachments, to https://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 https://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'').

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-4282 for ``Food Additives Permitted in Feed and Drinking 
Water of Animals; Feed Grade Sodium Formate.'' Received objections will 
be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit 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 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 https://www.regulations.gov. Submit both copies to the Division of Dockets 
Management. If you do not wish your name and contact information to be 
made publicly available, you can provide this information on the cover 
sheet and not in the body of your 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 https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: 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 notice published in the Federal Register of November 24, 2015 
(80 FR 73153), FDA announced that we had filed a food additive petition 
(animal use) (FAP 2293) submitted by BASF Corp., 100 Park Ave., Florham 
Park, NJ 07932. 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 feed grade sodium formate as a feed 
acidifying agent in complete poultry feeds.

II. Conclusion

    FDA concludes that the data establish the safety and utility of 
feed grade sodium formate for use as a feed acidifying agent in 
complete poultry 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 the documents that 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.

[[Page 95027]]

IV. Environmental Impact

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

V. Objections and Hearing Requests

    Any person who will be adversely affected by this regulation may 
file with the Division of Dockets Management (see ADDRESSES) either 
electronic or written objections. Each objection shall be separately 
numbered, and each numbered objection shall specify with particularity 
the provision of the regulation to which objection is made and the 
grounds for the objection. Each numbered objection on which a hearing 
is requested shall specifically so state. Failure to request a hearing 
for any particular objection shall constitute a waiver of the right to 
a hearing on that objection. Each numbered objection for which a 
hearing is requested shall include a detailed description and analysis 
of the specific factual information intended to be presented in support 
of the objection in the event that a hearing is held. Failure to 
include such a description and analysis for any particular objection 
shall constitute a waiver of the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen 
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday, and will be posted to the docket at https://www.regulations.gov.

List of Subjects in 21 CFR Part 573

    Animal feeds, Food additives.

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

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

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

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


0
2. In Sec.  573.696, revise the introductory text and paragraph (b) to 
read as follows:


Sec.  573.696   Feed grade sodium formate.

    The food additive, feed grade sodium formate, may be safely used in 
the manufacture of complete swine and poultry feeds in accordance with 
the following prescribed conditions:
* * * * *
    (b) The additive is used or intended for use as a feed acidifying 
agent, to lower the pH, in complete swine and poultry feeds at levels 
not to exceed 1.2 percent of the complete feed.
* * * * *

    Dated: December 20, 2016.
Tracey H. Forfa,
Deputy Director, Center for Veterinary Medicine.
[FR Doc. 2016-31079 Filed 12-23-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  95026            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                  140–340, 140–443, 140–947, 141–090,                     third party may not wish to be posted,                made publicly available, you can
                                                  200–171, 200–569, 200–570, and 200–                     such as medical information, your or                  provide this information on the cover
                                                  580, and all supplements and                            anyone else’s Social Security number, or              sheet and not in the body of your
                                                  amendments thereto, is hereby                           confidential business information, such               objections and you must identify this
                                                  withdrawn, effective December 31,                       as a manufacturing process. Please note               information as ‘‘confidential.’’ Any
                                                  2016.                                                   that if you include your name, contact                information marked as ‘‘confidential’’
                                                    Elsewhere in this issue of the Federal                information, or other information that                will not be disclosed except in
                                                  Register, FDA is amending the animal                    identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                                  drug regulations to reflect the voluntary               objection, that information will be                   applicable disclosure law. For more
                                                  withdrawal of approval of these                         posted on https://www.regulations.gov.                information about FDA’s posting of
                                                  applications.                                             • If you want to submit an objection                comments to public dockets, see 80 FR
                                                                                                          with confidential information that you                56469, September 18, 2015, or access
                                                    Dated: December 20, 2016.
                                                                                                          do not wish to be made available to the               the information at: http://www.fda.gov/
                                                  Tracey H. Forfa,
                                                                                                          public, submit the objection as a                     regulatoryinformation/dockets/
                                                  Deputy Director, Center for Veterinary                  written/paper submission and in the                   default.htm.
                                                  Medicine.                                               manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                  [FR Doc. 2016–31082 Filed 12–23–16; 8:45 am]            Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                                  BILLING CODE 4164–01–P                                                                                        electronic and written/paper objections
                                                                                                          Written/Paper Submissions
                                                                                                                                                                received, go to https://
                                                                                                             Submit written/paper submissions as                www.regulations.gov and insert the
                                                  DEPARTMENT OF HEALTH AND                                follows:                                              docket number, found in brackets in the
                                                  HUMAN SERVICES                                             • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                                                                                          written/paper submissions): Division of               ‘‘Search’’ box and follow the prompts
                                                  Food and Drug Administration                            Dockets Management (HFA–305), Food                    and/or go to the Division of Dockets
                                                                                                          and Drug Administration, 5630 Fishers                 Management, 5630 Fishers Lane, Rm.
                                                  21 CFR Part 573                                         Lane, Rm. 1061, Rockville, MD 20852.                  1061, Rockville, MD 20852.
                                                  [Docket No. FDA–2015–F–4282]                               • For written/paper objections                     FOR FURTHER INFORMATION CONTACT:
                                                                                                          submitted to the Division of Dockets                  Chelsea Trull, Center for Veterinary
                                                  Food Additives Permitted in Feed and                    Management, FDA will post your                        Medicine, Food and Drug
                                                  Drinking Water of Animals; Feed Grade                   objection, as well as any attachments,                Administration, 7519 Standish Pl.,
                                                  Sodium Formate                                          except for information submitted,                     Rockville, MD 20855, 240–402–6729,
                                                                                                          marked and identified, as confidential,               chelsea.trull@fda.hhs.gov.
                                                  AGENCY:    Food and Drug Administration,                if submitted as detailed in
                                                  HHS.                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                          ‘‘Instructions.’’
                                                  ACTION:   Final rule.                                      Instructions: All submissions received             I. Background
                                                                                                          must include the Docket No. FDA–                         In a notice published in the Federal
                                                  SUMMARY:    The Food and Drug                           2015–F–4282 for ‘‘Food Additives
                                                  Administration (FDA, we, the Agency)                                                                          Register of November 24, 2015 (80 FR
                                                                                                          Permitted in Feed and Drinking Water                  73153), FDA announced that we had
                                                  is amending the regulations for food                    of Animals; Feed Grade Sodium
                                                  additives permitted in feed and drinking                                                                      filed a food additive petition (animal
                                                                                                          Formate.’’ Received objections will be                use) (FAP 2293) submitted by BASF
                                                  water of animals to provide for the safe                placed in the docket and, except for
                                                  use of feed grade sodium formate as a                                                                         Corp., 100 Park Ave., Florham Park, NJ
                                                                                                          those submitted as ‘‘Confidential                     07932. The petition proposed that the
                                                  feed acidifying agent in complete                       Submissions,’’ publicly viewable at
                                                  poultry feeds. This action is in response                                                                     regulations for food additives permitted
                                                                                                          https://www.regulations.gov or at the                 in feed and drinking water of animals be
                                                  to a food additive petition filed by BASF               Division of Dockets Management
                                                  Corp.                                                                                                         amended to provide for the safe use of
                                                                                                          between 9 a.m. and 4 p.m., Monday                     feed grade sodium formate as a feed
                                                  DATES: This rule is effective December                  through Friday.                                       acidifying agent in complete poultry
                                                  27, 2016. Submit either written or                         • Confidential Submissions—To                      feeds.
                                                  electronic objections and requests for a                submit an objection with confidential
                                                  hearing by January 26, 2017. See section                information that you do not wish to be                II. Conclusion
                                                  V of this document for information on                   made publicly available, submit your                     FDA concludes that the data establish
                                                  the filing of objections.                               objections only as a written/paper                    the safety and utility of feed grade
                                                  ADDRESSES: You may submit objections                    submission. You should submit two                     sodium formate for use as a feed
                                                  and requests for a hearing as follows:                  copies total. One copy will include the               acidifying agent in complete poultry
                                                                                                          information you claim to be confidential              feeds and that the food additive
                                                  Electronic Submissions                                  with a heading or cover note that states              regulations should be amended as set
                                                    Submit electronic objections in the                   ‘‘THIS DOCUMENT CONTAINS                              forth in this document.
                                                  following way:                                          CONFIDENTIAL INFORMATION.’’ The
                                                    • Federal eRulemaking Portal:                         Agency will review this copy, including               III. Public Disclosure
                                                  https://www.regulations.gov. Follow the                 the claimed confidential information, in                 In accordance with § 571.1(h) (21 CFR
                                                  instructions for submitting comments.                   its consideration of objections. The                  571.1(h)), the petition and the
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                                                  Objections submitted electronically,                    second copy, which will have the                      documents that we considered and
                                                  including attachments, to https://                      claimed confidential information                      relied upon in reaching our decision to
                                                  www.regulations.gov will be posted to                   redacted/blacked out, will be available               approve the petition will be made
                                                  the docket unchanged. Because your                      for public viewing and posted on                      available for public disclosure (see FOR
                                                  objection will be made public, you are                  https://www.regulations.gov. Submit                   FURTHER INFORMATION CONTACT). As
                                                  solely responsible for ensuring that your               both copies to the Division of Dockets                provided in § 571.1(h), we will delete
                                                  objection does not include any                          Management. If you do not wish your                   from the documents any materials that
                                                  confidential information that you or a                  name and contact information to be                    are not available for public disclosure.


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                                                                   Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations                                       95027

                                                  IV. Environmental Impact                                manufacture of complete swine and                     collection centers, or Justice for
                                                     The Agency has determined under 21                   poultry feeds in accordance with the                  collection by further administrative
                                                  CFR 25.32(r) that this action is of a type              following prescribed conditions:                      action or litigation, as applicable. The
                                                  that does not individually or                           *     *     *     *     *                             regulations do not apply to claims
                                                  cumulatively have a significant effect on                 (b) The additive is used or intended                between federal agencies. The rules
                                                  the human environment. Therefore,                       for use as a feed acidifying agent, to                affect USADF’s debtors. The regulations
                                                  neither an environmental assessment,                    lower the pH, in complete swine and                   clarify and prescribe the steps USADF
                                                  nor an environmental impact statement                   poultry feeds at levels not to exceed 1.2             must take before initiating debt
                                                  is required.                                            percent of the complete feed.                         collection to ensure that individuals’
                                                                                                                                                                rights are protected. These steps include
                                                                                                          *     *     *     *     *
                                                  V. Objections and Hearing Requests                                                                            notifying the debtor of the debt and the
                                                                                                            Dated: December 20, 2016.                           consequences of failing to resolve the
                                                     Any person who will be adversely
                                                  affected by this regulation may file with               Tracey H. Forfa,                                      debt.
                                                  the Division of Dockets Management                      Deputy Director, Center for Veterinary
                                                                                                          Medicine.
                                                                                                                                                                II. Section-by-Section Analysis
                                                  (see ADDRESSES) either electronic or
                                                                                                          [FR Doc. 2016–31079 Filed 12–23–16; 8:45 am]             Subpart A announces the purpose and
                                                  written objections. Each objection shall
                                                                                                                                                                scope of the regulations, defines terms
                                                  be separately numbered, and each                        BILLING CODE 4164–01–P
                                                                                                                                                                used in Part 1506, and addresses
                                                  numbered objection shall specify with
                                                                                                                                                                whether USADF can impose sanctions
                                                  particularity the provision of the
                                                                                                          AFRICAN DEVELOPMENT                                   or remedies other than those prescribed
                                                  regulation to which objection is made
                                                                                                          FOUNDATION                                            in Part 1506, whether USADF will
                                                  and the grounds for the objection. Each
                                                                                                                                                                subdivide a claim exceeding $100,000,
                                                  numbered objection on which a hearing
                                                                                                          22 CFR Part 1506                                      and how claims involving fraud are
                                                  is requested shall specifically so state.
                                                                                                                                                                processed.
                                                  Failure to request a hearing for any                    RIN 3005–AA00                                            Subpart B describes the steps
                                                  particular objection shall constitute a                                                                       involved in a collection action,
                                                  waiver of the right to a hearing on that                Collection of Claims                                  including the information USADF
                                                  objection. Each numbered objection for                                                                        includes in a written demand for
                                                  which a hearing is requested shall                      AGENCY:  U.S. African Development
                                                                                                          Foundation.                                           payment, a debtor’s request for review
                                                  include a detailed description and                                                                            of a claim, the determination of interest,
                                                  analysis of the specific factual                        ACTION: Final rule.
                                                                                                                                                                penalty and administrative costs, and
                                                  information intended to be presented in                                                                       the reporting and consequences of
                                                                                                          SUMMARY:   The U.S. African
                                                  support of the objection in the event                                                                         delinquent debts.
                                                                                                          Development Foundation (USADF) is
                                                  that a hearing is held. Failure to include                                                                       Subpart C provides for salary offset
                                                                                                          revising its regulations on collection of
                                                  such a description and analysis for any                                                                       collection procedures, notice and
                                                                                                          claims in accordance with the Debt
                                                  particular objection shall constitute a                                                                       hearing requirements prior to offset, and
                                                                                                          Collection Improvement Act of 1996
                                                  waiver of the right to a hearing on the                                                                       USADF’s use of offset for claims of
                                                                                                          (DCIA), as implemented by the
                                                  objection.                                                                                                    another Federal agency.
                                                     Any objections received in response                  Department of Justice (Justice) and the
                                                                                                          Department of the Treasury (Treasury)                    Subpart D addresses the compromise
                                                  to the regulation may be seen in the                                                                          of debts through reduction or
                                                  Division of Dockets Management                          in the revised Federal Claims Collection
                                                                                                          Standards (FCCS). The FCCS prescribes                 negotiation of the claim amount, joint
                                                  between 9 a.m. and 4 p.m., Monday                                                                             and several liability on a claim, and
                                                  through Friday, and will be posted to                   the standards that Federal agencies must
                                                                                                          use in the administrative collection,                 releasing the debtor after full payment
                                                  the docket at https://                                                                                        of a compromised amount.
                                                  www.regulations.gov.                                    offset, compromise, and suspension or
                                                                                                          termination of collection activity for                   Subpart E prescribes the
                                                  List of Subjects in 21 CFR Part 573                     civil claims of money, funds, or                      circumstances and criteria for USADF to
                                                                                                          property as defined by law.                           suspend or terminate a collection
                                                    Animal feeds, Food additives.                                                                               action.
                                                    Therefore, under the Federal Food,                    DATES: This final rule is effective
                                                                                                                                                                   Subpart F describes the circumstances
                                                  Drug, and Cosmetic Act and under                        February 27, 2017.                                    for USADF to discharge a delinquent
                                                  authority delegated to the Commissioner                 FOR FURTHER INFORMATION CONTACT: June                 debt and reporting a discharge of debt
                                                  of Food and Drugs and redelegated to                    B. Brown, 202–233–8882.                               to the Internal Revenue Service.
                                                  the Center for Veterinary Medicine, 21                  SUPPLEMENTARY INFORMATION:                               Subpart G addresses when USADF
                                                  CFR part 573 is amended as follows:                                                                           refers claims to the Department of
                                                                                                          I. Background                                         Justice for litigation.
                                                  PART 573—FOOD ADDITIVES                                   In accordance with the requirements                    Subpart H addresses when USADF is
                                                  PERMITTED IN FEED AND DRINKING                          of the DCIA and the implementing                      required to transfer debts to the
                                                  WATER OF ANIMALS                                        regulations promulgated by Justice and                Financial Management Service of the
                                                                                                          Treasury at 31 CFR parts 900–904,                     Department of the Treasury.
                                                  ■ 1. The authority citation for part 573                USADF is revising its regulations to
                                                  continues to read as follows:                                                                                 III. Matters of Regulatory Procedure
                                                                                                          establish procedures for the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                      Authority: 21 U.S.C. 321, 342, 348.                 administrative collection, offset,                    Executive Order 12866
                                                  ■ 2. In § 573.696, revise the introductory              compromise, suspension and                              The proposed regulations have been
                                                  text and paragraph (b) to read as                       termination of collection activity for                determined to be non-significant within
                                                  follows:                                                civil claims for money, funds, or                     the meaning of Executive Order 12866.
                                                                                                          property, as defined by 31 U.S.C.
                                                  § 573.696    Feed grade sodium formate.                 3701(b), and the process by which                     Regulatory Flexibility Act
                                                    The food additive, feed grade sodium                  USADF can refer civil claims to                         The USADF President, in accordance
                                                  formate, may be safely used in the                      Treasury, Treasury-designated debt                    with the Regulatory Flexibility Act, 5


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Document Created: 2018-02-14 09:14:08
Document Modified: 2018-02-14 09:14:08
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 December 27, 2016. Submit either written or electronic objections and requests for a hearing by January 26, 2017. 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 95026 
CFR AssociatedAnimal Feeds and Food Additives

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