83_FR_49699 83 FR 49508 - Kemin Industries, Inc.; Filing of Food Additive Petition (Animal Use)

83 FR 49508 - Kemin Industries, Inc.; Filing of Food Additive Petition (Animal Use)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 191 (October 2, 2018)

Page Range49508-49509
FR Document2018-21395

The Food and Drug Administration (FDA) is announcing that Kemin Industries, Inc., has filed a petition proposing that the food additive regulations be amended to provide for the safe use of chromium propionate as a source of supplemental chromium in horse feed.

Federal Register, Volume 83 Issue 191 (Tuesday, October 2, 2018)
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Proposed Rules]
[Pages 49508-49509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21395]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2018-F-3347]


Kemin Industries, Inc.; Filing of Food Additive Petition (Animal 
Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; petition for rulemaking.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that 
Kemin Industries, Inc., has filed a petition proposing that the food 
additive regulations be amended to provide for the safe use of chromium 
propionate as a source of supplemental chromium in horse feed.

DATES: Submit either electronic or written comments on the petitioner's 
environmental assessment by November 1, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before November 1, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 1, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2018-F-3347 for ``Food Additives Permitted in Feed and Drinking 
Water of Animals; chromium propionate.'' Received comments, those filed 
in a timely manner (see ADDRESSES), will be placed in the docket and, 
except for those submitted as ``Confidential Submissions,'' publicly 
viewable at https://www.regulations.gov or at the Dockets Management 
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comment only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 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: Under the Federal Food, Drug, and Cosmetic 
Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a 
food additive petition (FAP 2306) has been filed by Kemin Industries, 
Inc., 1900 Scott Ave., Des Moines, IA 50317. The petition proposes to 
amend Title 21 of the Code of Federal Regulations (CFR) in part 573 
Food Additives Permitted in Feed and Drinking Water of Animals (21 CFR 
part 573) to provide for the safe use of chromium propionate (21 CFR 
573.304) as a source of supplemental chromium in horse feed.
    The potential environmental impact of this action is being 
reviewed. To encourage public participation consistent with regulations 
issued under the National Environmental Policy Act (40 CFR 1501.4(b)), 
the Agency is placing the environmental assessment (EA) submitted with 
the petition that is the subject of this notice on public display at 
the Dockets Management Staff for public review and comment (see DATES 
and ADDRESSES). FDA will also place on public display any amendments 
to, or comments on, the petitioner's EA without further announcement in 
the Federal Register.
    If, based on its review, the Agency finds that an environmental 
impact statement is not required and this petition results in a 
regulation, the

[[Page 49509]]

notice of availability of the Agency's finding of no significant impact 
and the evidence supporting that finding will be published with the 
regulation in the Federal Register in accordance with 21 CFR 25.51(b).

    Dated: September 26, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21395 Filed 10-1-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                49508                  Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Proposed Rules

                                                  That airspace extending upward from 700               comment does not include any                          Staff. If you do not wish your name and
                                                feet above the surface within a 6.3-mile                confidential information that you or a                contact information to be made publicly
                                                radius of Leitchfield-Grayson County Airport.           third party may not wish to be posted,                available, you can provide this
                                                  Issued in College Park, Georgia, on                   such as medical information, your or                  information on the cover sheet and not
                                                September 24, 2018.                                     anyone else’s Social Security number, or              in the body of your comments and you
                                                Ryan W. Almasy,                                         confidential business information, such               must identify this information as
                                                Manager, Operations Support Group, Eastern              as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                                Service Center, Air Traffic Organization.               that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                                [FR Doc. 2018–21318 Filed 10–1–18; 8:45 am]
                                                                                                        information, or other information that                except in accordance with 21 CFR 10.20
                                                                                                        identifies you in the body of your                    and other applicable disclosure law. For
                                                BILLING CODE 4910–13–P
                                                                                                        comment, that information will be                     more information about FDA’s posting
                                                                                                        posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                                                                                          • If you want to submit a comment                   FR 56469, September 18, 2015, or access
                                                DEPARTMENT OF HEALTH AND                                with confidential information that you                the information at: https://www.gpo.gov/
                                                HUMAN SERVICES                                          do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                        public, submit the comment as a                       23389.pdf.
                                                Food and Drug Administration
                                                                                                        written/paper submission and in the                      Docket: For access to the docket to
                                                                                                        manner detailed (see ‘‘Written/Paper                  read background documents or the
                                                21 CFR Part 573
                                                                                                        Submissions’’ and ‘‘Instructions’’).                  electronic and written/paper comments
                                                [Docket No. FDA–2018–F–3347]                                                                                  received, go to https://
                                                                                                        Written/Paper Submissions
                                                                                                                                                              www.regulations.gov and insert the
                                                Kemin Industries, Inc.; Filing of Food                     Submit written/paper submissions as                docket number, found in brackets in the
                                                Additive Petition (Animal Use)                          follows:                                              heading of this document, into the
                                                                                                           • Mail/Hand delivery/Courier (for
                                                AGENCY:    Food and Drug Administration,                                                                      ‘‘Search’’ box and follow the prompts
                                                                                                        written/paper submissions): Dockets
                                                HHS.                                                                                                          and/or go to the Dockets Management
                                                                                                        Management Staff (HFA–305), Food and
                                                ACTION:Notification; petition for                                                                             Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                        Drug Administration, 5630 Fishers
                                                rulemaking.                                                                                                   Rockville, MD 20852.
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                           • For written/paper comments                       FOR FURTHER INFORMATION CONTACT:
                                                SUMMARY:    The Food and Drug                           submitted to the Dockets Management                   Chelsea Trull, Center for Veterinary
                                                Administration (FDA) is announcing                      Staff, FDA will post your comment, as                 Medicine, Food and Drug
                                                that Kemin Industries, Inc., has filed a                well as any attachments, except for                   Administration, 7519 Standish Pl.,
                                                petition proposing that the food additive               information submitted, marked and                     Rockville, MD 20855, 240–402–6729,
                                                regulations be amended to provide for                   identified, as confidential, if submitted             chelsea.trull@fda.hhs.gov.
                                                the safe use of chromium propionate as                  as detailed in ‘‘Instructions.’’                      SUPPLEMENTARY INFORMATION: Under the
                                                a source of supplemental chromium in                       Instructions: All submissions received             Federal Food, Drug, and Cosmetic Act
                                                horse feed.                                             must include the Docket No. FDA–                      (section 409(b)(5) (21 U.S.C. 348(b)(5)),
                                                DATES: Submit either electronic or                      2018–F–3347 for ‘‘Food Additives                      notice is given that a food additive
                                                written comments on the petitioner’s                    Permitted in Feed and Drinking Water                  petition (FAP 2306) has been filed by
                                                environmental assessment by November                    of Animals; chromium propionate.’’                    Kemin Industries, Inc., 1900 Scott Ave.,
                                                1, 2018.                                                Received comments, those filed in a                   Des Moines, IA 50317. The petition
                                                ADDRESSES: You may submit comments                      timely manner (see ADDRESSES), will be                proposes to amend Title 21 of the Code
                                                as follows. Please note that late,                      placed in the docket and, except for                  of Federal Regulations (CFR) in part 573
                                                untimely filed comments will not be                     those submitted as ‘‘Confidential                     Food Additives Permitted in Feed and
                                                considered. Electronic comments must                    Submissions,’’ publicly viewable at                   Drinking Water of Animals (21 CFR part
                                                be submitted on or before November 1,                   https://www.regulations.gov or at the                 573) to provide for the safe use of
                                                2018. The https://www.regulations.gov                   Dockets Management Staff between 9                    chromium propionate (21 CFR 573.304)
                                                electronic filing system will accept                    a.m. and 4 p.m., Monday through                       as a source of supplemental chromium
                                                comments until midnight Eastern Time                    Friday.                                               in horse feed.
                                                at the end of November 1, 2018.                            • Confidential Submissions—To                         The potential environmental impact
                                                Comments received by mail/hand                          submit a comment with confidential                    of this action is being reviewed. To
                                                delivery/courier (for written/paper                     information that you do not wish to be                encourage public participation
                                                submissions) will be considered timely                  made publicly available, submit your                  consistent with regulations issued under
                                                if they are postmarked or the delivery                  comment only as a written/paper                       the National Environmental Policy Act
                                                service acceptance receipt is on or                     submission. You should submit two                     (40 CFR 1501.4(b)), the Agency is
                                                before that date.                                       copies total. One copy will include the               placing the environmental assessment
                                                                                                        information you claim to be confidential              (EA) submitted with the petition that is
                                                Electronic Submissions                                  with a heading or cover note that states              the subject of this notice on public
                                                  Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                              display at the Dockets Management Staff
                                                following way:                                          CONFIDENTIAL INFORMATION.’’ The                       for public review and comment (see
                                                  • Federal eRulemaking Portal:                         Agency will review this copy, including               DATES and ADDRESSES). FDA will also
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                                                https://www.regulations.gov. Follow the                 the claimed confidential information, in              place on public display any
                                                instructions for submitting comments.                   its consideration of comments. The                    amendments to, or comments on, the
                                                Comments submitted electronically,                      second copy, which will have the                      petitioner’s EA without further
                                                including attachments, to https://                      claimed confidential information                      announcement in the Federal Register.
                                                www.regulations.gov will be posted to                   redacted/blacked out, will be available                  If, based on its review, the Agency
                                                the docket unchanged. Because your                      for public viewing and posted on                      finds that an environmental impact
                                                comment will be made public, you are                    https://www.regulations.gov. Submit                   statement is not required and this
                                                solely responsible for ensuring that your               both copies to the Dockets Management                 petition results in a regulation, the


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                                                                       Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Proposed Rules                                           49509

                                                notice of availability of the Agency’s                  official comment and should include                     EPA is not acting on Chapter 25.2—
                                                finding of no significant impact and the                discussion of all points you wish to                  Continuous emission monitoring under
                                                evidence supporting that finding will be                make. The EPA will generally not                      the acid rain program, as these
                                                published with the regulation in the                    consider comments or comment                          provisions are not approved in the
                                                Federal Register in accordance with 21                  contents located outside of the primary               operating permits program. EPA is also
                                                CFR 25.51(b).                                           submission (i.e., on the web, cloud, or               not acting on the New Source
                                                  Dated: September 26, 2018.                            other file sharing system). For                       Performance Standards, emission
                                                                                                        additional submission methods, the full               standards for hazardous air pollutants,
                                                Leslie Kux,
                                                                                                        EPA public comment policy,                            emission standards for hazardous air
                                                Associate Commissioner for Policy.
                                                                                                        information about CBI or multimedia                   pollutants for source categories, and
                                                [FR Doc. 2018–21395 Filed 10–1–18; 8:45 am]                                                                   emission guidelines that were submitted
                                                                                                        submissions, and general guidance on
                                                BILLING CODE 4164–01–P
                                                                                                        making effective comments, please visit               in this SIP revision. These will be
                                                                                                        https://www2.epa.gov/dockets/                         addressed separately.
                                                                                                        commenting-epa-dockets.                               II. What SIP revisions are being
                                                ENVIRONMENTAL PROTECTION
                                                AGENCY                                                  FOR FURTHER INFORMATION CONTACT:                      proposed by EPA?
                                                                                                        Stephanie Doolan, Environmental                          EPA is proposing the following
                                                40 CFR Parts 52 and 70                                  Protection Agency, Air Planning and                   revisions to the Iowa SIP:
                                                                                                        Development Branch, 11201 Renner                         Chapter 20—Scope of Title-
                                                [EPA–R07–OAR–2018–0642; FRL–9983–
                                                                                                        Boulevard, Lenexa, Kansas 66219 at                    Definitions: The State revised the
                                                78—Region 7]
                                                                                                        (913) 551–7719, or by email at                        definition of ‘‘EPA reference method,’’
                                                Air Plan Approval; Iowa; State                          Doolan.Stephanie@epa.gov.                             to adopt the most current EPA methods
                                                Implementation Plan and Operating                       SUPPLEMENTARY INFORMATION:                            for measuring air pollutant emissions
                                                Permits Program                                         Throughout this document ‘‘we,’’ ‘‘us,’’              (stack testing and continuous
                                                                                                        and ‘‘our’’ refer to EPA. This section                monitoring). EPA revised the reference
                                                AGENCY:  Environmental Protection                                                                             methods in 40 CFR parts 51, 60, 61 and
                                                Agency (EPA).                                           provides additional information by
                                                                                                        addressing the following:                             63 on August 30, 2016. These updates
                                                ACTION: Proposed rule.                                                                                        will ensure that state reference methods
                                                                                                        I. What is being addressed in this document?
                                                SUMMARY:   The Environmental Protection                                                                       are equivalent to Federal reference
                                                                                                        II. What SIP revisions are being proposed by
                                                Agency (EPA) is proposing to approve                         EPA?                                             methods and are no more stringent than
                                                revisions to the Iowa State                             III. What Operating Permit Plan revisions are         Federal methods.
                                                                                                             being proposed by EPA?                              The State revised the definition of
                                                Implementation Plan (SIP) and the
                                                                                                        IV. Have the requirements for approval of a           ‘‘volatile organic compounds’’ (VOC) to
                                                Operating Permits Program. The
                                                                                                             SIP and the Operating Permits Program            reflect changes made to the Federal
                                                revisions include updating definitions,                      revisions been met?                              definition of VOC on August 1, 2016.
                                                clarifying permit rule exemptions and                   V. What actions are proposed?                         EPA finalized a regulation on August 1,
                                                permit-by-rule regulations, revising                    VI. Incorporation by Reference                        2016, to exclude the compound 1,1,2,2-
                                                methods and procedures for                              VII. Statutory and Executive Order Reviews            tetrafluoro-1-(2,2,2-trifluoroethoxy)
                                                performance test/stack test and
                                                                                                        I. What is being addressed in this                    Ethane (HFE–347pcf2) from the Federal
                                                continuous monitoring systems, and
                                                                                                        document?                                             definition because this compound
                                                updating the Prevention of Significant
                                                                                                                                                              makes a negligible contribution to
                                                Deterioration (PSD) regulations and                       EPA is proposing to approve a                       tropospheric ozone formation. This
                                                Operating Permits Program. In addition,                 submission from the State of Iowa to                  revision to the VOC definition ensures
                                                the State has removed its rules that                    revise the Iowa SIP and the Operating                 consistency with the Federal definition.
                                                implement the Clean Air Interstate Rule                 Permits Program. The revisions to the                    Chapter 22—Controlling Pollution:
                                                (CAIR) and revised their acid rain rules.               Iowa SIP revise the definition for EPA                The State made three revisions under
                                                These revisions will not impact air                     reference method and volatile organic                 Chapter 22, ‘‘Permits required for new
                                                quality and will ensure consistency                     compounds (VOCs), clarifies permit rule               or existing stationary sources,’’ subrule
                                                between the state and Federally                         exemptions and the State’s permit-by-                 22.1(2), ‘‘Permitting exemptions.’’ The
                                                approved rules.                                         rule regulation, and revises methods                  revisions to permitting exemptions do
                                                DATES: Comments must be received on                     and procedures for performance test/                  not relieve the owner or operator of any
                                                or before November 1, 2018.                             stack test and continuous monitoring                  source from any obligation to comply
                                                ADDRESSES: Submit your comments,                        systems. In addition, the State has                   with any other applicable requirements.
                                                identified by Docket ID No. EPA–R07–                    removed its rules that implement the                     The introductory paragraph to 22.1(2)
                                                OAR–2018–0642 to https://                               CAIR. The State has also revised their                ‘‘i’’, ‘‘Initiation of construction,
                                                www.regulations.gov. Follow the online                  Prevention of Significant Deterioration               installation, reconstruction, or alteration
                                                instructions for submitting comments.                   (PSD) regulations to incorporate the                  (modification) to equipment,’’ now
                                                Once submitted, comments cannot be                      most recent Federal requirements. Iowa                cross-refers to subrule 31.3(1) in the
                                                edited or removed from Regulations.gov.                 has also revised their Operating Permits              Iowa SIP as the previous reference no
                                                The EPA may publish any comment                         Program by revising the definition for                longer exists. Subrule 31.3(1) refers to
                                                received to its public docket. Do not                   EPA Reference Method, clarifying                      definitions for nonattainment new
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                                                submit electronically any information                   insignificant activities as applied to                source review requirements for areas
                                                you consider to be Confidential                         internal combustion engines, revising                 designated nonattainment on or after
                                                Business Information (CBI) or other                     forms used to submit emission                         May 18, 1998.
                                                information whose disclosure is                         inventories and due dates as well as                     Subparagraph 22.1(2) ‘‘r’’, applies to
                                                restricted by statute. Multimedia                       revising the public participation rules.              the exemption for an internal
                                                submissions (audio, video, etc.) must be                In addition, the State revised their acid             combustion engine with a brake
                                                accompanied by a written comment.                       rain rules to include the most recent                 horsepower rating of less than 400
                                                The written comment is considered the                   EPA Reference Method.                                 measured at the shaft. The added


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Document Created: 2018-10-02 01:19:21
Document Modified: 2018-10-02 01:19:21
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
ActionNotification; petition for rulemaking.
DatesSubmit either electronic or written comments on the petitioner's environmental assessment by November 1, 2018.
ContactChelsea Trull, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-6729, [email protected]
FR Citation83 FR 49508 

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