81_FR_96656 81 FR 96405 - Novus International, Inc.; Filing of Food Additive Petition (Animal Use); Reopening of the Comment Period

81 FR 96405 - Novus International, Inc.; Filing of Food Additive Petition (Animal Use); Reopening of the Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96405-96406
FR Document2016-31606

The Food and Drug Administration (FDA) is reopening the comment period for the notice of petition, published in the Federal Register of November 8, 2016 (81 FR 78528), proposing that the food additive regulations be amended to provide for the safe use of poly (2- vinylpyridine-co-styrene) as a nutrient protectant for methionine hydroxy analog in animal food for beef cattle, dairy cattle, and replacement dairy heifers. Additionally, the petition proposes that the food additive regulations be amended to provide for the safe use of ethyl cellulose as a binder for methionine hydroxy analog to be incorporated into animal food. FDA is reopening the comment period to allow additional time for comments on environmental impacts.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Proposed Rules]
[Pages 96405-96406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31606]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2016-F-3880]


Novus International, Inc.; Filing of Food Additive Petition 
(Animal Use); Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition; reopening of the comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is reopening the 
comment period for the notice of petition, published in the Federal 
Register of November 8, 2016 (81 FR 78528), proposing that the food 
additive regulations be amended to provide for the safe use of poly (2-
vinylpyridine-co-styrene) as a nutrient protectant for methionine 
hydroxy analog in animal food for beef cattle, dairy cattle, and 
replacement dairy heifers. Additionally, the petition proposes that the 
food additive regulations be amended to provide for the safe use of 
ethyl cellulose as a binder for methionine hydroxy analog to be 
incorporated into animal food. FDA is reopening the comment period to 
allow additional time for comments on environmental impacts.

DATES: Submit either electronic or written comments by January 30, 
2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-F-3880 for ``Food Additives Permitted in Feed and Drinking 
Water of Animals; 2-Vinylpyridine-Co-Styrene.'' Received comments will 
be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access

[[Page 96406]]

the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Carissa Doody, Center for Veterinary 
Medicine (HFV-228), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-6283, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of November 8, 2016 
(81 FR 78528), Novus Inc. proposed regulations be amended to provide 
for the safe use of poly (2-vinylpyridine-co-styrene) as a nutrient 
protectant for methionine hydroxy analog in animal food for beef 
cattle, dairy cattle, and replacement dairy heifers. Additionally, the 
petition proposes that the food additive regulations be amended to 
provide for the safe use of ethyl cellulose as a binder for methionine 
hydroxy analog to be incorporated into animal food.
    Interested persons were originally given until December 8, 2016, to 
comment on the petitioner's environmental assessment. The November 8, 
2016, notice of petition was published with the incorrect docket 
number. A correction published in the Federal Register of November 29, 
2016 (81 FR 85972). On our own initiative, we are reopening the comment 
period to allow potential respondents to thoroughly evaluate and 
address pertinent environmental issues.

    Dated: December 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-31606 Filed 12-29-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules                                         96405

                                                  comments to public dockets, see 80 FR                   DEPARTMENT OF HEALTH AND                              do not wish to be made available to the
                                                  56469, September 18, 2015, or access                    HUMAN SERVICES                                        public, submit the comment as a
                                                  the information at: http://www.fda.gov/                                                                       written/paper submission and in the
                                                  regulatoryinformation/dockets/                          Food and Drug Administration                          manner detailed (see ‘‘Written/Paper
                                                  default.htm.                                                                                                  Submissions’’ and ‘‘Instructions’’).
                                                                                                          21 CFR Part 573
                                                     Docket: For access to the docket to                                                                        Written/Paper Submissions
                                                  read background documents or the                        [Docket No. FDA–2016–F–3880]
                                                                                                                                                                   Submit written/paper submissions as
                                                  electronic and written/paper comments                                                                         follows:
                                                                                                          Novus International, Inc.; Filing of
                                                  received, go to https://
                                                                                                          Food Additive Petition (Animal Use);                     • Mail/Hand delivery/Courier (for
                                                  www.regulations.gov and insert the                      Reopening of the Comment Period                       written/paper submissions): Division of
                                                  docket number, found in brackets in the                                                                       Dockets Management (HFA–305), Food
                                                  heading of this document, into the                      AGENCY:    Food and Drug Administration,              and Drug Administration, 5630 Fishers
                                                  ‘‘Search’’ box and follow the prompts                   HHS.                                                  Lane, Rm. 1061, Rockville, MD 20852.
                                                  and/or go to the Division of Dockets                    ACTION:Notice of petition; reopening of                  • For written/paper comments
                                                  Management, 5630 Fishers Lane, Rm.                      the comment period.                                   submitted to the Division of Dockets
                                                  1061, Rockville, MD 20852.                                                                                    Management, FDA will post your
                                                                                                          SUMMARY:   The Food and Drug                          comment, as well as any attachments,
                                                  FOR FURTHER INFORMATION CONTACT:                        Administration (FDA) is reopening the                 except for information submitted,
                                                  Vincent de Jesus, Center for Food Safety                comment period for the notice of                      marked and identified, as confidential,
                                                  and Applied Nutrition (HFS–830), Food                   petition, published in the Federal                    if submitted as detailed in
                                                  and Drug Administration, 5001 Campus                    Register of November 8, 2016 (81 FR                   ‘‘Instructions.’’
                                                  Dr., College Park, MD 20740, 240–402–                   78528), proposing that the food additive                 Instructions: All submissions received
                                                  1450.                                                   regulations be amended to provide for                 must include the Docket No. FDA–
                                                                                                          the safe use of poly (2-vinylpyridine-co-             2016–F–3880 for ‘‘Food Additives
                                                  SUPPLEMENTARY INFORMATION:      In the                  styrene) as a nutrient protectant for                 Permitted in Feed and Drinking Water
                                                  Federal Register of September 28, 2016,                 methionine hydroxy analog in animal                   of Animals; 2-Vinylpyridine-Co-
                                                  we published a notice announcing the                    food for beef cattle, dairy cattle, and               Styrene.’’ Received comments will be
                                                  establishment of a docket to receive                    replacement dairy heifers. Additionally,              placed in the docket and, except for
                                                  information and comments on the use of                  the petition proposes that the food                   those submitted as ‘‘Confidential
                                                  the term ‘‘healthy’’ in the labeling of                 additive regulations be amended to                    Submissions,’’ publicly viewable at
                                                  human food products. The notice                         provide for the safe use of ethyl                     http://www.regulations.gov or at the
                                                  discussed FDA’s position regarding the                  cellulose as a binder for methionine                  Division of Dockets Management
                                                  use of the term ‘‘healthy’’, the events                 hydroxy analog to be incorporated into                between 9 a.m. and 4 p.m., Monday
                                                  that prompted us to establish a docket                  animal food. FDA is reopening the                     through Friday.
                                                  to request information and comments on                  comment period to allow additional                       • Confidential Submissions—To
                                                  this issue, and specific issues for                     time for comments on environmental                    submit a comment with confidential
                                                                                                          impacts.                                              information that you do not wish to be
                                                  consideration. We provided a 120-day
                                                  comment period that was scheduled to                    DATES: Submit either electronic or                    made publicly available, submit your
                                                                                                          written comments by January 30, 2017.                 comments only as a written/paper
                                                  end on January 26, 2017.
                                                                                                          ADDRESSES: You may submit comments                    submission. You should submit two
                                                    We have received requests to extend                                                                         copies total. One copy will include the
                                                                                                          as follows:
                                                  the comment period. The requests                                                                              information you claim to be confidential
                                                  conveyed concern that the current 120-                  Electronic Submissions                                with a heading or cover note that states
                                                  day comment period does not allow                         Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                  sufficient time to develop meaningful or                following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                  thoughtful comments to the questions                      • Federal eRulemaking Portal: http://               Agency will review this copy, including
                                                  and issues we presented in the notice.                  www.regulations.gov. Follow the                       the claimed confidential information, in
                                                    We have considered the requests and                   instructions for submitting comments.                 its consideration of comments. The
                                                  are extending the comment period for                    Comments submitted electronically,                    second copy, which will have the
                                                                                                          including attachments, to http://                     claimed confidential information
                                                  90 days, until April 26, 2017. We
                                                                                                          www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                  believe that a 90-day extension allows
                                                                                                          the docket unchanged. Because your                    for public viewing and posted on http://
                                                  adequate time for interested persons to
                                                                                                          comment will be made public, you are                  www.regulations.gov. Submit both
                                                  submit comments.                                                                                              copies to the Division of Dockets
                                                                                                          solely responsible for ensuring that your
                                                    Dated: December 27, 2016.                             comment does not include any                          Management. If you do not wish your
                                                  Leslie Kux,                                             confidential information that you or a                name and contact information to be
                                                  Associate Commissioner for Policy.                      third party may not wish to be posted,                made publicly available, you can
                                                  [FR Doc. 2016–31734 Filed 12–29–16; 8:45 am]            such as medical information, your or                  provide this information on the cover
                                                                                                          anyone else’s Social Security number, or              sheet and not in the body of your
                                                  BILLING CODE 4164–01–P
                                                                                                          confidential business information, such               comments and you must identify this
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          as a manufacturing process. Please note               information as ‘‘confidential.’’ Any
                                                                                                          that if you include your name, contact                information marked as ‘‘confidential’’
                                                                                                          information, or other information that                will not be disclosed except in
                                                                                                          identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                                                                                          comments, that information will be                    applicable disclosure law. For more
                                                                                                          posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                                                                            • If you want to submit a comment                   comments to public dockets, see 80 FR
                                                                                                          with confidential information that you                56469, September 18, 2015, or access


                                             VerDate Sep<11>2014   17:43 Dec 29, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\30DEP1.SGM   30DEP1


                                                  96406                 Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules

                                                  the information at: http://www.fda.gov/                 DEPARTMENT OF TREASURY                                Background
                                                  regulatoryinformation/dockets/
                                                                                                          Internal Revenue Service                                This document contains proposed
                                                  default.htm.
                                                                                                                                                                regulations to amend the Employment
                                                     Docket: For access to the docket to                                                                        Tax Regulations (26 CFR 31) under
                                                                                                          26 CFR Part 31
                                                  read background documents or the                                                                              section 3402 of the Internal Revenue
                                                  electronic and written/paper comments                                                                         Code relating to withholding from
                                                                                                          [REG–123841–16]
                                                  received, go to http://                                                                                       gambling winnings for horse races, dog
                                                  www.regulations.gov and insert the                      RIN 1545–BN58                                         races, and jai alai. The proposed
                                                  docket number, found in brackets in the                                                                       regulations update and clarify other
                                                  heading of this document, into the                      Withholding on Payments of Certain                    provisions of § 31.3402(q)–1 and make
                                                  ‘‘Search’’ box and follow the prompts                   Gambling Winnings                                     conforming changes to § 31.3406(g)–2.
                                                  and/or go to the Division of Dockets                                                                            Section 3402(q)(1) requires every
                                                  Management, 5630 Fishers Lane, Rm.                      AGENCY: Internal Revenue Service (IRS),
                                                                                                                                                                person, including the United States
                                                  1061, Rockville, MD 20852.                              Treasury.
                                                                                                                                                                government, a state, a political
                                                                                                          ACTION: Notice of proposed rulemaking.                subdivision thereof, or any
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          SUMMARY:   This document contains                     instrumentality of the foregoing, that
                                                  Carissa Doody, Center for Veterinary
                                                                                                          proposed regulations under section                    makes any payment of gambling
                                                  Medicine (HFV–228), Food and Drug
                                                                                                          3402(q) with respect to withholding on                winnings to deduct and withhold tax on
                                                  Administration, 7519 Standish Pl.,                                                                            certain payments at the third-lowest tax
                                                  Rockville, MD 20855, 240–402–6283,                      certain payments of gambling winnings
                                                                                                          from horse races, dog races, and jai alai             rate applicable under section 1(c),
                                                  carissa.doody@fda.hhs.gov.                                                                                    which for the 2016 tax year is 25
                                                                                                          and on certain other payments of
                                                  SUPPLEMENTARY INFORMATION:       In the                 gambling winnings. The proposed                       percent. Section 3402(q)(2) provides an
                                                  Federal Register of November 8, 2016                    regulations affect both payers and                    exemption from withholding under this
                                                                                                          payees of the gambling winnings subject               section for payments of winnings to
                                                  (81 FR 78528), Novus Inc. proposed
                                                                                                          to withholding under section 3402(q).                 nonresident aliens and foreign
                                                  regulations be amended to provide for
                                                                                                                                                                corporations subject to withholding
                                                  the safe use of poly (2-vinylpyridine-co-               DATES: Written or electronic comments                 under sections 1441(a) or 1442(a).
                                                  styrene) as a nutrient protectant for                   and requests for a public hearing must                Section 3402(q)(3) describes the
                                                  methionine hydroxy analog in animal                     be received by March 30, 2017.                        winnings subject to withholding as
                                                  food for beef cattle, dairy cattle, and                 ADDRESSES: Send submissions to:                       proceeds from a wager determined in
                                                  replacement dairy heifers. Additionally,                CC:PA:LPD:PR (REG–123841–16), Room                    accordance with the rules in that
                                                  the petition proposes that the food                     5203, Internal Revenue Service, P.O.                  subsection.
                                                  additive regulations be amended to                      Box 7604, Ben Franklin Station,                         Whether winnings are subject to
                                                  provide for the safe use of ethyl                       Washington, DC 20044. Submissions                     withholding depends on the type of
                                                  cellulose as a binder for methionine                    may be hand-delivered Monday through                  wagering transaction, the proceeds from
                                                  hydroxy analog to be incorporated into                  Friday between the hours of 8 a.m. and                a wager, and in some cases the odds
                                                  animal food.                                            4 p.m. to CC:PA:LPD:PR (REG–123841–                   associated with a wager. Under sections
                                                     Interested persons were originally                   16), Courier’s Desk, Internal Revenue                 3402(q)(3)(B) and (C)(i), payers generally
                                                                                                          Service, 1111 Constitution Avenue NW.,                must withhold if the proceeds from a
                                                  given until December 8, 2016, to
                                                                                                          Washington, DC 20224, or sent                         wager exceed $5,000 in a State-
                                                  comment on the petitioner’s
                                                                                                          electronically, via the Federal                       conducted lottery, other lottery,
                                                  environmental assessment. The
                                                                                                          eRulemaking Portal at http://                         sweepstakes, or wagering pool. Under
                                                  November 8, 2016, notice of petition                    www.regulations.gov (IRS REG–123841–
                                                  was published with the incorrect docket                                                                       section 3402(q)(3)(A) and (C)(ii), in the
                                                                                                          16).                                                  case of a wagering transaction in a
                                                  number. A correction published in the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      parimutuel pool with respect to horse
                                                  Federal Register of November 29, 2016
                                                                                                          Concerning the proposed regulations,                  races, dog races, or jai alai, the payer
                                                  (81 FR 85972). On our own initiative,
                                                                                                          David Bergman, (202) 317–6845;                        must withhold if the proceeds exceed
                                                  we are reopening the comment period to                  concerning submissions of comments or                 $5,000 and are at least 300 times as large
                                                  allow potential respondents to                          to request a public hearing, Regina                   as the amount wagered. Winnings from
                                                  thoroughly evaluate and address                         Johnson, (202) 317–6901 (not toll-free                bingo, keno, and slot machines are
                                                  pertinent environmental issues.                         numbers).                                             exempted from withholding under
                                                    Dated: December 23, 2016.                             SUPPLEMENTARY INFORMATION:                            section 3402(q)(1) by section 3402(q)(5).
                                                  Leslie Kux,
                                                                                                          Paperwork Reduction Act                               Proceeds From a Wager and Identical
                                                  Associate Commissioner for Policy.                                                                            Wagers
                                                  [FR Doc. 2016–31606 Filed 12–29–16; 8:45 am]               The collection of information
                                                  BILLING CODE 4164–01–P
                                                                                                          contained in this notice of proposed                     Section 3402(q)(4) provides that
                                                                                                          rulemaking has been approved by the                   proceeds from a wager are determined
                                                                                                          Office of Management and Budget                       by reducing the amount received by the
                                                                                                          through Form W–2G (OMB No. 1545–                      amount of the wager, and proceeds
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          0238) in accordance with the Paperwork                which are not money are taken into
                                                                                                          Reduction Act of 1995 (44 U.S.C.                      account at fair market value. The
                                                                                                          3507(d)). Notice and an opportunity to                current regulations provide rules for
                                                                                                          comment on the proposed changes to                    determining the amount of proceeds
                                                                                                          burden hours for the forms related to                 from a wager, including a special rule
                                                                                                          this proposed rule will be published in               for ‘‘identical wagers.’’ The rule treats
                                                                                                          a separate notice in the Federal                      ‘‘identical wagers’’ as paid with respect
                                                                                                          Register.                                             to a single wager for purposes of


                                             VerDate Sep<11>2014   17:43 Dec 29, 2016   Jkt 241001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\30DEP1.SGM   30DEP1



Document Created: 2016-12-30 05:16:02
Document Modified: 2016-12-30 05:16:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of petition; reopening of the comment period.
DatesSubmit either electronic or written comments by January 30, 2017.
ContactCarissa Doody, Center for Veterinary Medicine (HFV-228), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-6283, [email protected]
FR Citation81 FR 96405 

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