Federal Register 1994-01-10: Vol 59 Iss 6

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Vol. 59 No. 6
Monday
January 10,1994
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II Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 / Contents
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Contents
Federal Register
Vol. 59, No. 6
Monday, January 10, 1994
Agricultural Marketing Service Commodity Credit Corporation
RULES RULES
Dairy products: grading, inspection, and standards: Loan and purchase programs:
Whipped butter, 1263-1266 Tobacco: importer assessments: correction, 1274'
Lemons grown in California and Arizona, 1269-1270
Milk marketing orders: Copyright Office, Library of Congress
Southwest Plains, 1273-1274 NOTICES
Olives grown in California and imported, 1270-1273 North American Free Trade Agreement (NAFTA):
Oranges and grapefruit grown in Texas and papayas grown Copyright restoration of certain Mexican and Canadian
in Hawaii, 1266-1268 works, 1408
Oranges (navel and Valencia) grown in Arizona and
Defense Department
California, 1268-1269
PROPOSED RULES See Army Etepartment
Milk marketing orders: RULES
Acquisition regulations:
Carolina et al.. 1305-1307
North American Free Trade Agreement (NAFTA)—
New Orleans-Mississippi, 1307-1308
Buy American Act and Balance of Payments Program
Agricultural Stabilization and Conservation Service waivers, 1288-1292
PROPOSED RULES Education Department
Conservation and environmental programs:
RULES
Agricultural conservation, emergency conservation, and
Vocational and adult education:
forestry incentives programs, 1293-1305
State-administered and national workplace literacy
Agriculture Department programs, 1439-1445
NOTICES
See Agricultural Marketing Service
Grants and cooperative agreements: availability, etc.:
See Agricultural Stabilization and Conservation Service
National workplace literacy program, 1418-1438
See Commodity Credit Corporation
See Food and Nutrition Service Employment and Training Administration
See Forest Service
NOTICES
See Rural Electrification Administration Grants and cooperative agreements: availability, etc.:
Job Training Partnership Act—
Antitrust Division
Youth fair chance demonstration projects: correction,
NOTICES 1416
National cooperative research notifications;
Corporation for Open Systems International, 1408 Energy Department
See Federal Energy Regulatory Commission
Army Department
NOTICES
NOTICES Atomic energy agreements: subsequent arrangements, 1390-
Environmental statements: availability, etc.: 1391
Base realignments and closures— Environmental statements: availability, etc.:
Cameron Station, VA, 1388 Tonawanda Site, NY, 1388-1389
Meetings: Grants and cooperative agreements; availability, etc.:
Yakima Training Center Cultural and Natural Resources Minority technical education program, 1389-1390
Committee, 1388 Powerplant and industrial fuel use: new electric
powerplant coal capacity: compliance certification:
Coast Guard Tucson Electric Power Co.: prohibition order rescinded,
NOTICES 1391
Prince William Sound, AK: escort vessels for certain oil
tankers: study availability, 1411-1412 Environmental Protection Agency
RULES *
Commerce Department Hazardous waste program authorizations:
See Foreign-Trade Zones Board South Dakota, 1275-1277
See International Trade Administration NOTICES
See National Oceanic and Atmospheric Administration Agency information collection activities under 0MB
review, 1399
Committee for the Implementation of Textile Agreements Meetings;
NOTICES Federal Facilities Environmental Restoration Dialogue
Cotton, wool, and man-made textiles: Committee, 1399
China, 1385-1387
Guatemala, 1387 Federal Aviation Administration
Export visa requirements: certification, waivers, etc.: PROPOSED RULES
Romania, 1387-1388 Federal regulatory review, 1362
IV Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 / Contents
NOTICES . Food and Nutrition Service
Passenger facility charges; applications, etc.: NOTICES
Pullman-Moscow R^onal Airport. WA, 1412-1413 Child nutrition programs:
Child and adikt care food programs—
Federal Communications Commission Summer food service program; reimbursement rates.
RULES 1370
Radio services, special;
Private land mobile services— Foreign-Trade Zones Board
Foreign ownership restrictions; waiver petitions, 1285- NOTICES
1288 Applications, hearings, determinations, etc.:
PROPOSED RULES Florida. 1371
Radio stations; table of assignments: Illinois
Florida, 1365 Maytag Corp.; household refiigerator manufacturing
Georgia, 1365-1366 plant, 1371
Missouri, 1366 Kentucky, 1371-1372
NOTICES Pennsylvania
Agency information collection activities imder OMB American Foodservice Corp.; beef products for export.
review, 1400 1372
Puerto Rico
Federal Energy Regulatory Commission
SmithKline Beecham Pharmaceuticals Co.;
NOTICES pharmaceutical manufacturing plant, 1372-1373
Environmental statements; availability, etc.:
Sterling Pharmaceuticals, Inc.; pharmaceutical products
Ehike Power Co., 1391
manufacturing plant, 1372
Meetings; Sunshine Act, 1414
Natural gas certificate filings: Forest Service
Kansas Gas Supply Corp. et al., 1393-1394
NOTICES
NGC Energy Resources Limited Partnership et al., 1391- Meetings:
1392 Grand Island Advisory Commission. 1370
Preliminary permits surrender:
TS Hydro. 1394 General Services Administration
Applications, bearings, determinations, etc.: RULES
Brooklyn Energy Limited Partnership, 1394 Federal claims collection: tax refund offset. 1277-1278
Carnegie Natural Gas Co., 1394-1395
CNG Transmission Corp., 1395 Health and Human Services Department
. Granite State Gas Transmission, Inc., 1395 See Food and Drug Administration
KN Interstate Gas Transmission Co., 1395-1396 See Health Care Financing Administration
National Fuel Gas Supply Corp., 1396 See National Institutes of Health
Pacific Gas Transmission Co., 1396 See Social Security Administration
Southern Natural Gas Co., 1396-1397
Texas Eastern Transmission Corp., 1397-1398 Health Care Financing Administration
Transwestem Pipeline Co., 1398 RULES
Viking Gas Transmission Co., 1398 Medicare:
Williston Basin Interstate Pipeline Co., 1398-1399 Epoetin use by competent home dialysis patients;
coverage, 1278-1285
Federal Highway Adminlatration
PROPOSED RULES Immigration and Naturalization Service
Motor carrier safety standards: PROPOSED RULES
Obsolete and redundant regulations and appendices Immigration;
removed, 1366-1369 Alien entrepreneurs, spouses, and children; conditional
permanent resident regulations, 1317-1323
Federal Housing Finance Board Examinations fee schedule: adjustment. 1308-1317
PROPOSED RULES
Affordable housing program operation. 1323-1360 interior Department
See Land Management Bureau
Federal Reserve System See National Park Service
NOTICES • See Reclamation Bureau
Applications, hearings, determinations, etc.:
Grupo Financiero Banamex Accival, S.A., de C.V., 1400- international Trade Administration
1401 NOTICES
Home Bancorp, 1401 Antidumping:
Triangle Bancorp. Inc., et al.. 1401-1402 Industrial belts and components and parts, cured or
Whittington, Betty Ruth, et al., 1402 uncured, from—
Japan.1373-1374
Food and Drug Administration Internal-combustion industrial forklift trucks from—
NOTICES Japan. 1374-1384
Medical devices: Countervailing duties:
In vitro diagnostic products; current good manufacturing Deformed steel concrete reinforcing bar from—
practice guideline: availability, 1402-1403 Peru, 1384
Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 / Contents
Interstate Commerce Commission Securities and Exchange Commisaion
NOTICES NOTICES
Motor carriers: Agency information collection activities under 0MB
North American Free Trade Agreement (NAFTA)— review, 1409
Mexican charter and tour bus service into U.S.; Meetings; Sunshine Act, 1415
operating authority applications; policy statement, Self-regulatory organizations; proposed rule changes:
1406-1407 Philadelphia Stock Exchange, Inc., 1409-1410i>
Railroad operation, acquisition, construction, etc.:
Soo Line Railroad Co., 1407-1408 Small Business Administration
PROPOSED RULES
Justice Department Small business size standards:
See Antitrust Division Nonmanufacturer rule; waivers—
See Immigration and Naturalization Service High nickel alloy bars and rods, etc., 1360-1362
NOTICES
Labor Department License surrenders:
See Employment and Training Administration DSC Ventures II, LP, 1410
Monarch-Narragansett Ventures, Inc., 1410
Land Management Bureau
Social Security Administration
NOTICES
Environmental statements; availability, etc.: RULES
Social security benefits:
Wyoming Wind Energy Project, WY, 1404-1405
Disability determinations—
Resource management plans, etc.:
Respiratory system listing; correction, 1274-1275
Fort Greely, AK, 1405
Social security benefits and supplemental security income:
Fort Wainwright, AK, 1405
Disability and blindness determinations—
Respiratory system listings expiration date extension,
Library of Congress ^
1416
See Copyright Office, Library of Congress
PROPOSED RULES
Organization, functions, and authority delegations:
National Institutes of Health
Appeals Officers et al., 1363-1365
NOTICES
Meetings: Textile Agreements Implementation Committee
National Cancer Institute, 1403-1404 See Committee for the Implementation of Textile
National Institute of Mental Health, 1404 Agreements
National Oceanic and Atmospheric Administration Transportation Department
NOTICES See C^st Guard
Fishery management councils: hearings: See Federal Aviation Administration
Puerto Rico and U.S. Virgin Islands— See Federal Highway Administration
Corals, plants, and associated invertebrates, 1384-1385 NOTICES
Aviation proceedings:
National Park Service Agreements filed; weekly receipts, 1410
NOTICES Certificates of public convenience and necessity and
Meetings: foreign air carrier permits: weekly applications,
Chesapeake and Ohio Canal National Historical Park 1410-1411
Commission, 1405-1406
United States Information Agency
National Women’s Business Council NOTICES
NOTICES Art objects, importation for exhibition:
Meetings; Sunshine Act, 1415 Egon Schiele, 1413
Prospective Payment Assessment Commission
NOTICES Separate Parts In This Issue
Meetings, 1408-1409
Part 11
Public Health Service Department of Education, 1418
See Food and Drug Administration
See National Institutes of Health
Reader Aids
Reclamation Bureau Additional information, including a list of public laws,
NOTICES telephone numbers, and finding aids, appears in the Reader
Environmental statements; availability, etc.: Aids section at the end of this issue.
Reclamation Reform Act of 1982; implementation in
Western States, 1406
Electronic Bulletin Board
Rural Electrification Administration Free Electronic Bulletin Board service for Public Law
NOTICES numbers and Federal Register finding aids is available on
Electric loans; mimicipal interest rates, 1370-1371 202-275-1538 or 275-0920.
VI Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 /'Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
7 CFR 392. 1366
58.1263 396. 1366
906 ..r..1266
907 .1268
908 .1268
910.1269
928.1266
932.1270
944.1270
1106.1273
1464.1274
Proposed Rutee:
701.1293
1005.1305
1007.1305
1011.1305
1046.1305
1094.1307
8 CFR
Proposed Rules:
103 (2 documents)..1308,
1317
211.1317
216.1317
235.1317
242.1317
12 CFR
Proposed Rules:
960.1323
13 CFR
Proposed Rules:
121.1360
14 CFR
Proposed Rules:
Ch. 1.1362
20 CFR
404 (2 documents).1274,
1416
416. 1274
Proposed Rules:
422.1363
34 CFR
462.1439
472.1439
40 CFR
271.1275
41 CFR
105-57.1277
42 CFR
405 .1278
410.1278
413......1278
414.1278
47 CFR
22.1285
25.1285
80.1285
87.1285
90.1285
95.1285
99.1285
Proposed Rules:
73 (3 documents).. 1365,
1366
48 CFR
225...1288
252..1288
49 CFR
Proposed Rules:
391....„. 1366
1263
Rules and Regulations
Federal Register
Vol. 59, No. 6
Monday, January 10, 1994
This section of the FEDERAL REGISTER this rule. There are no administrative is usually between 50 and 100 percent.
contains regulatory docurnents having general procedures which must be exhausted Market analysis conducted during the
applicability and legal effect, most of which prior to any judicial challenge to the development of these standards
are keyed to and codified in the Code of provisions of this rule. supports the opinion that consumers
Federal Regulations, which is published under The final rule also has been reviewed prefer the higher quality products.
50 titles pursuant to 44 U.S.C. 1510. in accordance with the Regulatory Therefore, standards are established for
Flexibility Act, 5 U.S.C. 601 et seq. The quality designations at two levels: U.S.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of Administrator, Agricultural Marketing Grade AA and U.S. Grade A.
new books are listed in the first FEDERAL Service, has determined that the final 2. Define Flavor Characteristics
REGISTER issue of each week. rule will not have a significant
economic impact on a substantial Production and processing practices
number of small entities because use of influence flavor characteristics in
DEPARTMENT OF AGRICULTURE the standards is voluntary and this whipped butter. To manufacture
action will not increase costs to those whipped butter with a highly pleasing
Agricultural Marketing Service utilizing the standards. flavor, the raw milk and cream must be
The Department is issuing this rule in free of objectionable flavors. This final
7 CFR Part 58
conformance with Executive Order rule defines acceptable flavor
[DA-92-18] 12866. characteristics to assist the graders in
In 1991, the Department evaluated the identifying and classifying the flavor.
Grading and Inspection, General procedures used to assign U.S. grades to
3. Define Body, Color, and Salt
Specifications for Approved Plants and butter in consumer-size packages. The
Characteristics and Establish Disratings
Standards for Grades of Dairy Department concluded that grading of
Products; United States Standards for the product should be conducted in the Just as production and processing
Grades of Whipped Butter final package because the evaluation of practices influence the flavor of
whipped butter at that time is more whipped butter, they also influence
AGENCY: Agricultural Marketing Service, accurate. body, color, and salt characteristics.
USDA.
Previously, the procedure for This final rule describes distinguishing
ACTION: Final rule. evaluating grade-label whipped butter body, color, and salt characteristics and
SUMMARY: This final rule promulgates was to either grade the butter in the bulk establishes disratings which are used to
form prior to whipping or obtain a determine the U.S. grade.
new United States Standards for Grades
of Whipped Butter. These standards sample of fresh butter taken during the 4. Illustrate How Flavor, Body, Color,
establish quality criteria for grade manufacturing process and evaluate it. and Salt Characteristics Influence
determination and optional These methods are changed by this Grade Determination
microbiological and keeping-quality action because of the Department’s
tests for whipped butter. decision to conduct grading in the final These standards provide step-by-step
The Department has determined that package. The new standards have instructions in determining the final
the grading of butter sold in consumer- received general support from many of grade of whipped butter. The U.S. grade
size packages bearing USDA official the manufacturers of whipped butter of whipped butter is determined on the
identification (grade-label) should be who utilize the USDA grade-label basis of classifying first the flavor
conducted when the product is in the program, as well as from the American characteristics. Then body, color, and
final package. Previously, the quality of Butter Institute. In addition, the salt characteristics are noted and
standards were field-tested by the Dairy disratings established. When total
whipped butter was evaluated prior to
Grading Branch and found to be disratings exceed the permitted amount
the whipping process using the U.S.
satisfactory. identified in the standards, the final
Standards for Grades of Butter. The U.S.
In view of the need for new standards, U.S. grade is lowered.
Standards for Grades of Whipped Butter
the Department published on June 30,
change this procedure. 5. Establish Optional Microbiological
1993 (58 FR 34937) proposed United
EFFECTIVE DATE: February 9,1994. States Standards for Whipped Butter. and Keeping-Quality Tests (Not
Mandatory for Grade Designation)
FOR FURTHER INFORMATION CONTACT: Except for minor format changes, the
Diane D. Lewis, Dairy Products standards contained in this final rule are Since 1975, the General Specifications
Marketing Specialist, Dairy the same as those set forth in the for Dairy Plants Approved for USDA
Standardization Branch, USDA/AMS/ proposal. The new standards establish Inspection and Grading Service have
Dairy Division, room 2750-S, P.O. Box the following. required microbiological and keeping-
96456, Washington, DC 20090-6456, quality testing of whipped butter
[phone]. 1. Provide Quality Specifications for bearing USDA official identification.
SUPPLEMENTARY INFORMATION: This final Whipped Butter at Two U.S. Grade The market analysis conducted during
rule has been reviewed under Executive Levels: U.S. Grade AA and U.S. Grade the development of these standards
Order 12778, Civil Justice Reform. This A revealed that the industry utilized
action is not intended to have Whipped butter is produced by tighter microbiological specifications for
retroactive effect. This rule does not uniformly incorporating air or inert gas proteolytic and yeast and mold counts
preempt any State or local laws, into butter to improve its spreadability than those listed in the "General
regulations, or policies, unless they characteristics. The percent overrun, Specifications”. To be more aligned
present an irreconcilable conflict with based on buyer or consumer preference. with current industry standards, this
1264 Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 / Rules and Regulations
final rule tightens these microbiological § 58.305 Meaning of words. Subpart G—United States Standards
requirements. This Final rule also ***** for Grades of Whipped Butter ^
incorporates these same tests as optional (f) Whipped butter. The food product
tests (not mandatory for grade is made by the imiform incorporation of Definitions
designation) in the United States air or inert gas into butter. §58.2425 Whipped butter.
Standards for Grades of Whipped
Butter. § 58.323 [Removed and Reserved]. Whipped butter is the food product
made by the uniform incorporation of
This final rule also makes corollary 3. In subpart B, § 58.323 is removed
air or inert gas into butter.
changes in the General Specifications and reserved.
for Dairy Plants Approved for USDA 4. In subpart B, § 58.346 is revised to §58.2426 Butter.
Inspection and Grading Service (subpart read as follows: The food product usually known as
B of 7 CFR part 58) to conform the butter, and which is made exclusively
§58.346 Whipped butter.
dehnition and grade designations of from milk or cream, or both, with or
whipped butter set forth therein with (a) The quality requirements for without common salt, with or without
the new United States Standards for whipped butter shall be in accordance additional coloring matter, and
Grades of Whipped Butter (in subpart G with the U.S. Standards for Grades of containing not less than 80 percent by
of 7 CFR part 58). Whipped Butter for U.S. Grade AA and weight of milkfat, all tolerances having
USDA grade standards are voluntary U.S. Grade A, respectively. been allowed for,
standards that are developed pursuant (b) Whipped butter shall also be
to the Agricultural Marketing Act of subject to the following specifications §58.2427 Cream.
1946 (7 U.S.C. 1621 et seq.) to facilitate when sampled and tested in accordance The term cream when used in this
the marketing process. Manufacturers of with § 58.336 and § 58.337, respectively: subpart G means cream separated from
dairy products are free to choose (1) Proteolytic count, not more than milk produced by healthy cows. The
whether or not to use these gradq 50 per gram; yeast and mold count, not cream shall be pasteurized at a
standards. USDA grade standards for more than 10 per gram; coliform count, temperature of not less than 165°F and
dairy products have been developed to not more than 10 per gram; and keeping- held continuously in a vat at such
identify the degree of quality in the quality test, satisfactory after 7 days at temperature for not less than 30
various products. Quality in general 70*F. minutes; or pasteurized at a temperature
refers to usefulness, desirability, and (2) Optional except when required or of not less than 185°F for not less than
value of the product—its marketability requested: Copper content, not more 15 seconds; or pasteurized by other
as a commodity. When whipped butter than 0.3 ppm; iron content, not more approved methods giving equivalent
is officially graded, the USDA than 1.0 ppm; enterococci, not more results.
regulations and standards governing the than 10 per gram.
grading of manufactured or processed 5. A new Subpart G—United States U.S. Grades
dairy products are used. These Stemdards for Grades of Whipped Butter § 58.2428 Nomenclature of U.8. grades.
regulations also require a charge for the is added to read as follows: The nomenclature of U.S. grades is as
grading service provided by USDA. This Subpart O—United States Standards for follows:
action makes minor format changes for Grades of Whipped Butter (a) U.S. Grade AA.
purposes of clarity to Tables I and IB to Definitions (b) U.S. Grade A.
the format that appeared in the
proposed rule. S«c § 58.2429 Basis for determination of U.S.
58.2425 Whipped butter. grade.
Public Comments
58.2426 Butter. The U.S. grade of whipped butter is
On June 30,1993, the Department 58.2427 Cream. determined on the basis of classifying
published a proposed rule (58 FR first the flavor characteristics and then
US. Grades
34937) to promulgate the United States the characteristics in body, color, and
Standards for Whipped Butter. The 58.2428 Nomenclature of U.S. grades. salt of a representative sample. Flavor is
58.2429 Basis for determination of U.S.
public comment period closed August the basic quality factor in grading
grade.
30.1993. No comments were received whipped butter and is determined
58.2430 Specifications for U.S. grades.
during this time. 58.2431 Relationship of U.S. grade of organoleptically by smell and taste. The
List of Subjects in 7 CFR Part 58 whipped butter to the flavor flavor characteristic and intensity is
classifications as affected by disratings in identified and rated according to the
Dairy products. Food grades and body, color, and salt characteristics. applicable classification contained in
standards. Food labeling, Reporting and 58.2432 Optional tests. Table I in § 58.2430. When more than
recordkeeping requirements. 58.2433 U.S. grade not assignable. one flavor characteristic is discernible
For the reasons set forth in the 58.2434 Test methods. in a sample of whipped butter, the
preamble, 7 CFR p6ul 58 is amended as Explanation Terms flavor classification of the sample shall
follows: 58.2435 Explanation of terms. be established on the basis of the flavor
that carries the lowest rating. Body,
PART 58—[AMENDED] color, and salt characteristics are ^en
1. The authority citation for 7 CFR noted and disratings are made in
part 58 continues to read as follows: accordance with the established
classification in Table II in § 58.2430.
Authority: Agricultural Marketing Act of The final U.S. grade for the sample is
1946, Secs. 202-208,60 Stat 1087, as
then establish^ in accordance with the
amended; 7 U.S.C 1621-1627, unless
otherwise noted.
1 Compliance with these standards does not
2. In subpart B, § 58.305 (f) is revised
excuse Uiure to comply with provisions of the
to read as follows: Federal Food, Drug and Cosmetic Act