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###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2010-F-0510]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that Ferm Solutions, Inc. has filed a petition proposing that the food additive regulations be amended to provide for the safe use of virginiamycin as an antimicrobial processing aid in fuel-ethanol fermentations with respect to its consequent presence in by-product distiller grains used as an animal feed or feed ingredient.

# DATES:

Submit either electronic or written comments on the petitioner's environmental assessment by November 12, 2010.

# ADDRESSES:

                        Submit electronic comments to:                         *http://www.regulations.gov.*                         Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.                    

# FOR FURTHER INFORMATION CONTACT: 

                        Isabel W. Pocurull, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-453-6853, e-mail:                         *isabel.pocurull@fda.hhs.gov.*

# 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 2264) has been filed by Ferm Solutions, Inc., PO Box 203, Danville, KY 40422. The petition proposes to amend the food additive regulations in part 573                     *Food Additives Permitted in Feed and Drinking Water of Animals*                     (21 CFR part 573) to provide for the safe use of virginiamycin as an antimicrobial processing aid in fuel-ethanol fermentations with respect to its consequent presence in by-product distiller grains used as an animal feed or feed ingredient.                

                    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 submitted with the petition that is the subject of this notice on public display at the Division of Dockets Management (                    *see***DATES**                     and                     **ADDRESSES**                    ) for public review and comment.                

                    Interested persons may submit to the Division of Dockets Management (                    *see***ADDRESSES**                    ) either electronic or written comments regarding this document. It is only necessary to send one set of comments. It is no longer necessary to send two copies of mailed 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. FDA will also place on public display any amendments to, or comments on, the petitioner's environmental assessment 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 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).                

      ( print page 62546)    
Dated: October 4, 2010.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. 2010-25522 Filed 10-8-10; 8:45 am]

BILLING CODE 4160-01-P