13508 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 

For the reasons set forth in the 

preamble, 7 CFR part 985 is proposed to 

be amended as follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ 1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. A new § 985.234 is added to read 

as follows: 

§ 985.234 Salable quantities and allotment 

percentages—2015–2016 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2015, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 1,265,853 pounds and an 

allotment percentage of 60 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,341,269 pounds and an 

allotment percentage of 56 percent. 

Dated: March 9, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–05681 Filed 3–13–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 176 

[Docket No. FDA–2015–F–0714] 

Natural Resources Defense Council et 

al.; Filing of Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by the Natural 

Resources Defense Council, the Center 

for Food Safety, the Breast Cancer Fund, 

the Center for Environmental Health, 

Clean Water Action, the Center for 

Science in the Public Interest, 

Children’s Environmental Health 

Network, Environmental Working 

Group, and Improving Kids’ 

Environment, proposing that we amend 

our food additive regulation to no longer 

provide for the use of three specific 

perfluoroalkyl ethyl containing foodcontact substances (FCSs) as oil and 

water repellants for paper and 

paperboard for use in contact with 

aqueous and fatty foods. 

DATES: The food additive petition was 

filed on January 7, 2015. 

FOR FURTHER INFORMATION CONTACT: Paul 

Honigfort, Center for Food Safety and 

Applied Nutrition (HFS–275), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740–3835, 

240–402–1206. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 409(b)(5) of the Federal 

Food, Drug, and Cosmetic Act (the 

FD&C Act) (21 U.S.C. 348(b)(5)), we are 

giving notice that we have filed a food 

additive petition (FAP 4B4809), 

submitted by the Natural Resources 

Defense Council, 1152 15th St. NW., 

Suite 300, Washington, DC 20005; the 

Center for Food Safety, 303 Sacramento 

St., Second Floor, San Francisco, CA 

94111; Clean Water Action, 144 Eye St. 

NW., Suite 400, Washington, DC 20005; 

the Center for Science in the Public 

Interest, 1220 L St. NW., Suite 300, 

Washington, DC 20005; Children’s 

Environmental Health Network, 110 

Maryland Ave. NE., Suite 402, 

Washington, DC 20002; the Breast 

Cancer Fund, 1388 Sutter St., Suite 400, 

San Francisco, CA 94109–5400; the 

Center for Environmental Health, 2201 

Broadway, Suite 302, Oakland, CA, 

94612; Environmental Working Group, 

1436 U St. NW., Suite 100, Washington, 

DC 20009; and Improving Kids’ 

Environment, 1915 West 18th St., 

Indianapolis, IN 46202. The petition 

proposes that we amend § 176.170 (21 

CFR 176.170) to no longer provide for 

the use of three perfluoroalkyl ethyl 

containing food-contact substances 

(FCSs) as oil and water repellants for 

paper and paperboard for use in contact 

with aqueous and fatty foods. The three 

FCSs which are the subjects of this 

petition are as follows: 

1. Diethanolamine salts of mono- and 

bis (1H,1H,2H,2H perfluoroalkyl) 

phosphates where the alkyl group is 

even-numbered in the range C8-C18 and 

the salts have a fluorine content of 52.4 

percent to 54.4 percent as determined 

on a solids basis; 

2. Pentanoic acid, 4,4-bis [(gammaomega-perfluoro-C8-20-alkyl)thio] 

derivatives, compounds with 

diethanolamine (CAS Reg. No. 71608– 

61–2); and 

3. Perfluoroalkyl substituted 

phosphate ester acids, ammonium salts 

formed by the reaction of 2,2- 

bis[([gamma], [omega]-perfluoro C4-20 

alkylthio) methyl]-1,3-propanediol, 

polyphosphoric acid and ammonium 

hydroxide. 

II. Amendment of § 176.170 

In accordance with procedures 

specified in § 171.130 (21 CFR 171.130) 

for amending or revoking a food 

additive regulation, the petition asks us 

to amend § 176.170 so that it would no 

longer provide for the use of three 

perfluoroalkyl ethyl containing FCSs as 

oil and water repellants for paper and 

paperboard for use in contact with 

aqueous and fatty foods. If we determine 

that new data are available regarding the 

toxicity of these FCSs that justify 

amending § 176.170 so that it would no 

longer allow their use, we will publish 

such an amendment of the regulation in 

the Federal Register, as set forth in 

§ 171.130 and § 171.100 (21 CFR 

171.100). 

We have determined under 21 CFR 

25.32(m) 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. 

Dated: March 9, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–05938 Filed 3–13–15; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 170, 177, and 189 

[Docket No. FDA–2015–F–0537] 

Natural Resources Defense Council et 

al.; Filing of Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by the Natural 

Resources Defense Council, Center for 

Food Safety, Clean Water Action, 

Children’s Environmental Health 

Network, Center for Science in the 

Public Interest, Breast Cancer Fund, 

Center for Environmental Health, 

Environmental Working Group, and 

Improving Kids’ Environment, 

proposing that we amend our regulation 

to no longer provide for the use of 

potassium perchlorate as an additive in 

closure-sealing gaskets for food 

containers, revoke the Threshold of 

Regulation exemption No. 2005–006 to 

no longer exempt the use of sodium 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 13509 

perchlorate monohydrate as a 

conductivity enhancer in antistatic 

agents for use in finished articles in 

contact with dry foods, and issue a new 

regulation to prohibit the use of 

perchlorate in antistatic agents for use 

in food-contact articles. We are 

requesting comments on the petition 

and establishing a comment period of 60 

days from the date of publication of this 

notice. 

DATES: The food additive petition was 

filed on December 31, 2014. Submit 

either electronic or written comments 

by May 15, 2015. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Mail/Hand delivery/Courier (for 

paper submissions): Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

Instructions: All submissions received 

must include the Docket No. FDA– 

2015–F–0537 for this rulemaking. All 

comments received may be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and insert the 

docket number(s), 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: Paul 

Honigfort, Center for Food Safety and 

Applied Nutrition (HFS–275), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740–3835, 

240–402–1206. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 409(b)(5) of the Federal 

Food, Drug, and Cosmetic Act (the 

FD&C Act) (21 U.S.C. 348(b)(5)), we are 

giving notice that we have filed a food 

additive petition (FAP 4B4808), 

submitted by the Natural Resources 

Defense Council, 1152 15th St. NW., 

Suite 300, Washington, DC 20005; 

Center for Food Safety, 303 Sacramento 

St., Second Floor, San Francisco, CA, 

94111; Clean Water Action, 1444 I St. 

NW., Suite 4000, Washington, DC 

20005–6538; Children’s Environmental 

Health Network, 110 Maryland Ave. 

NE., Suite 402, Washington, DC 20002; 

Center for Science in the Public Interest, 

1220 L St. NW., Suite 300, Washington, 

DC 20005; Breast Cancer Fund, 1388 

Sutter St., Suite 400, San Francisco, CA 

94109–5400; Center for Environmental 

Health, 2201 Broadway, Suite 302, 

Oakland, CA 94612; Environmental 

Working Group, 1436 U St. NW., Suite 

100, Washington, DC 20009; and 

Improving Kids’ Environment, 1915 

West 18th St., Indianapolis, IN 46202. 

The petition proposes that we: (1) 

Amend 21 CFR 177.1210 to no longer 

provide for the use of potassium 

perchlorate as an additive in closuresealing gaskets for food containers; (2) 

revoke the Threshold of Regulation 

(TOR) exemption No. 2005–006 to no 

longer exempt from regulation under the 

food additive provisions of the FD&C 

Act the use of sodium perchlorate 

monohydrate as a conductivity 

enhancer in antistatic agents for use in 

finished articles in contact with dry 

foods; and (3) issue a new regulation in 

21 CFR part 189, subpart D (Substances 

Prohibited from Indirect Addition to 

Human Food Through Food-Contact 

Surfaces) to prohibit the use of 

perchlorate in antistatic agents for use 

in food-contact articles. 

Pursuant to § 189.1(c), we are 

requesting comments on the petition 

and establishing a comment period of 60 

days from the date of publication of this 

notice. 

II. Amendment of 21 CFR 177.1210 

The petition asks us to amend 

§ 177.1210 so that it would no longer 

provide for the use of potassium 

perchlorate as an additive in closuresealing gaskets for food containers in 

accordance with procedures specified in 

21 CFR 171.130 for amending or 

revoking a food additive regulation. 

Specifically, the petition notes that new 

perchlorate toxicity data are now 

available which support the requested 

amendment of § 177.1210. If we 

determine that new data are available 

regarding the toxicity of potassium 

perchlorate that justify amending 

§ 177.1210 so that it would no longer 

allow the use of potassium perchlorate, 

we will publish such an amendment of 

the regulation in the Federal Register, 

as set forth in § 171.130 and § 171.100. 

III. Revocation of TOR Exemption No. 

2005–006 

The petition asks us to revoke TOR 

exemption No. 2005–006 to no longer 

exempt from regulation under the food 

additive provisions of the FD&C Act the 

use of sodium perchlorate monohydrate 

as a conductivity enhancer in antistatic 

agents for use in finished articles in 

contact with dry foods. Specifically, the 

petition notes that new toxicity and 

exposure data on perchlorates are now 

available which support the requested 

revocation of TOR exemption No. 2005– 

006. 

The procedures for revoking a TOR 

exemption are specified in § 170.39(g), 

which states that if we tentatively 

conclude that available information on 

the dietary concentration or safety of 

sodium perchlorate monohydrate no 

longer supports a TOR exemption from 

the food additive regulations, we will 

notify the persons who requested the 

exemption of our decision and will 

provide them with an opportunity to 

show why the exemption should not be 

revoked. If after following all of the 

other procedures required by § 170.39(g) 

we decide to revoke TOR exemption No. 

2005–006, we will publish a notice to 

that effect in the Federal Register. 

IV. Issue of a New Regulation in 21 CFR 

189 Subpart D 

The petition asks us to issue a new 

regulation in part 189, subpart D to 

prohibit the use of perchlorate in 

antistatic agents for use in food-contact 

articles. Specifically, the petition notes 

that new toxicity and exposure data on 

perchlorates are now available which 

support the issue of such a regulation. 

The procedures for issuing a new 

regulation in part 189 are set forth in 

§ 189.1. Section 189.1(a) states that 

‘‘food ingredients’’ may be prohibited 

from uses in human food based on ‘‘a 

determination that [the food 

ingredients] present a potential risk to 

the public health or have not been 

shown by adequate scientific data to be 

safe for use in human food.’’ Section 

189.1(c) requires FDA to publish the 

petition for comment if the petition 

contains reasonable grounds to that 

effect. Accordingly, we request 

comments on the petition with respect 

to the petitioners’ request for the 

issuance of a new regulation in part 189, 

subpart D to prohibit the use of 

perchlorate in antistatic agents for use 

in food-contact articles. 

We have determined under 21 CFR 

25.32(m) that this action is of a type that 

does not individually or cumulatively 

have a significant effect on the human 

environment. Therefore, neither an 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
13510 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 

1 ‘‘VOC Emissions Control Area’’ in Virginia is 

defined by 9VAC5–20–206 as certain control areas 

by geographic location. 

environmental assessment nor an 

environmental impact statement is 

required. 

V. Comments 

Interested persons may submit either 

electronic comments to http://

www.regulations.gov or written 

comments to the Division of Dockets 

Management (see ADDRESSES). It is only 

necessary to send one set of comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

Dated: March 9, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–05937 Filed 3–13–15; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0816; FRL–9924–37– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Consumer and Commercial Products, 

and Mobile Equipment Repair and 

Refinishing Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia. This 

revision consists of amendments to 

Virginia’s regulation for consumer and 

commercial products in order to apply 

provisions pertaining to portable fuel 

containers, consumer and commercial 

products, architectural and industrial 

maintenance coatings, adhesives, 

adhesive primers, sealants, and sealant 

primers to the Richmond volatile 

organic compound (VOC) Emissions 

Control Area. The revision also consists 

of amendments to Virginia’s regulation 

for existing stationary sources to apply 

provisions pertaining to mobile 

equipment repair and refinishing 

operations in the Richmond VOC 

Emissions Control Area. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before April 15, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0816 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: powers.marilyn@epa.gov 

C. Mail: EPA–R03–OAR–2014–0816, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0816. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Jones Doherty, (215) 814–3409 or 

by email at jones.leslie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 26, 2012 (77 FR 3928), 

EPA issued a final rulemaking notice 

(FRN) approving a new chapter, 9VAC5 

Chapter 45—Consumer and Commercial 

Products, for inclusion in the Virginia 

SIP in order to control VOC emissions 

from various consumer and commercial 

products within the Northern Virginia 

and Fredericksburg VOC Emissions 

Control Areas.1 On April 10, 2014, the 

Virginia Department of Environmental 

Quality (VADEQ) submitted a revision 

to the Virginia SIP. The SIP revision 

consists of amendments to 9VAC5 

Chapter 45 in order to apply provisions 

pertaining to certain types of consumer 

and commercial products to the 

Richmond VOC Emissions Control Area. 

On June 22, 2004 (69 FR 35253), EPA 

issued a direct final rulemaking 

approving a new article, Article 48 of 

9VAC5 Chapter 40—Existing Stationary 

Sources, for inclusion in the Virginia 

SIP which established emissions 

standards for mobile equipment repair 

and refinishing operations in the 

Northern Virginia VOC Emissions 

Control Area. This SIP revision consists 

of amendments to Article 48 of 9VAC5 

Chapter 40—Existing Stationary Sources 

to apply provisions pertaining to mobile 

equipment repair and refinishing 

operations in the Richmond VOC 

Emissions Control Area. 

II. Summary of SIP Revision 

The SIP revision consists of 

amendments to 9VAC5 Chapter 45— 

Consumer and Commercial Products in 

order to apply provisions pertaining to 

portable fuel containers, consumer and 

commercial products, architectural and 


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