62 FR 61619 - Carrageenan_ Locust Bean Gum and

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62 FR 61619 - Carrageenan_ Locust Bean Gum and Powered By Docstoc

Rules and Regulations                                                                       Federal Register
                                                                                            Vol. 62, No. 223

                                                                                            Wednesday, November 19, 1997

This section of the FEDERAL REGISTER            Service, Room 102, Cotton Annex, 300        184.1343). FDA has provided FSIS with
contains regulatory documents having general    12th Street, SW, Washington, DC             a letter dated October 13, 1995,
applicability and legal effect, most of which   20250–3700. Reference materials cited       concurring with FSIS’s determination
are keyed to and codified in the Code of        in this document will be available for      that the petitioned use of a blend of
Federal Regulations, which is published under   public inspection in the FSIS Docket        carrageenan, locust bean gum, and
50 titles pursuant to 44 U.S.C. 1510.
                                                Room from 8:30 a.m. to 4:30 p.m.,           xanthan gum in combination is
The Code of Federal Regulations is sold by      Monday through Friday.                      acceptable for use as a binder matrix
the Superintendent of Documents. Prices of      FOR FURTHER INFORMATION CONTACT: Mr.        (blend) to prevent purging of added
new books are listed in the first FEDERAL       Robert Post, Labeling and Compounds         brine solution in certain cured pork
REGISTER issue of each week.                    Review Division, Office of Policy,          products.
                                                Program Development and Evaluation;            The petitioner submitted data to show
                                                (202) 418–8900.                             that at a use level of 0.5 percent, a blend
DEPARTMENT OF AGRICULTURE                       SUPPLEMENTARY INFORMATION: On July          consisting of 70 percent carrageenan, 15
Food Safety and Inspection Service              18, 1995, FSIS was petitioned by            percent locust bean gum and 15 percent
                                                Vedeqsa, S.A., to approve the use of a      xanthan gum reduces the purge of brine
9 CFR Part 318                                  blend of carrageenan, locust bean gum,      in water-added hams as well as
                                                and xanthan gum as a binder in cured        carrageenan alone. After reviewing this,
[Docket No. 96–014DF]                           pork products labeled ‘‘Ham Water           and the petitioner’s other technical data
RIN 0583–AC16                                   Added’’ and ‘‘Ham and Water Product—        and information, FSIS has determined
                                                X% of Weight is Added Ingredients,’’ in     that 9 CFR 318.7(c)(4) should be
Carrageenan, Locust Bean Gum and                an amount not exceeding 0.5 percent of      amended to permit the use of any blend
Xanthan Gum Blend Used as a Binder              product formulation, to prevent purging     of carrageenan, locust bean gum, and
in Certain Cured Pork Products                  of the brine solution. During               xanthan gum in ‘‘Ham Water Added’’
                                                manufacturing, these ham products are       and ‘‘Ham and Water Product—X% of
AGENCY:  Food Safety and Inspection
                                                pumped with a brine solution, the           Weight is Added Ingredients’’ products
Service, USDA.
                                                ultimate level of which is controlled by    at a level not to exceed 0.5 percent of
ACTION: Direct final rule.                      a protein-fat-free (PFF) standard           the product formulation weight. Such
SUMMARY: The Food Safety and
                                                described in 9 CFR 319.104. PFF is the      use will reduce the amount of purge
Inspection Service (FSIS) is amending           minimum meat protein which is               from the ham products during storage.
the Federal meat inspection regulations         indigenous to the raw, unprocessed          This binder is not permitted to be used
to permit the use of a blend of                 pork, expressed as a percent of the         in combination with any other binder
carrageenan, locust bean gum, and               nonfat portion of the finished product.     approved for use in cured pork
xanthan gum as a binder in cured pork           These products are normally packaged        products. This binder shall be
products labeled ‘‘Ham Water Added’’            in clear plastic and enclosed by a          designated in the ingredients statement,
and ‘‘Ham and Water Product—X% of               vacuum seal. Subsequent to the curing       as provided in 9 CFR 319.104(d).
Weight is Added Ingredients.’’ FSIS             process, the brine purges from the
                                                                                               FSIS expects no adverse public
currently permits the use of other              products, settling in the products’
                                                                                            reaction resulting from this change in
specified binders in these cured pork           packages, reducing the moisture content
                                                                                            regulatory language. Therefore, unless
products. The maximum use level of 0.5          of the products and negatively affecting
                                                                                            the Agency receives adverse comments
percent will prevent purging of the             their appearance and quality.
                                                   FSIS currently permits the use of        within the scope of the rulemaking, or
pumped brine solution from the                                                              notice of intent to submit adverse
                                                carrageenan as an extender and
products, thereby retaining product                                                         comments within the scope of the
                                                stabilizer in breading mixes and sauces
moisture and enhancing texture.                                                             rulemaking within 30 days, the action
                                                for use in meat products at a level
DATES: This rule will be effective              sufficient for that purpose, and in ‘‘Ham   will become final 60 days after
January 20, 1998 unless FSIS receives           Water Added’’ and ‘‘Ham and Water           publication in the Federal Register. If
written adverse comments within the             Product—X% of Weight is Added               adverse comments within the scope of
scope of this rulemaking or written             Ingredients’’ up to 1.5 percent of          the rulemaking are received, the direct
notice of intent to submit adverse              product formulation to prevent purging      final rulemaking notice will be
comments within the scope of this               of brine solution. FSIS also permits the    withdrawn and a proposed rulemaking
rulemaking on or before December 19,            use of xanthan gum as an emulsifier,        notice will establish a comment period.
1997. If written adverse comments or            stabilizer, or thickener in meat sauces,    Executive Order 12988
notice of intent to submit adverse              gravies, canned or frozen meat salads or
comments is received, FSIS will publish         stews, canned chili, pizza topping            This direct final rule has been
timely notice of the withdrawal of this         mixes, and batter and breading mixes, at    reviewed under Executive Order 12988,
rule in the Federal Register.                   a level sufficient for that purpose.        Civil Justice Reform. If this direct final
ADDRESS: Submit adverse comments or                The Food and Drug Administration         rule is adopted: (1) All state and local
notice of intent to submit adverse              (FDA) lists locust (carob) bean gum as      laws and regulations that are
comments within the scope of this               generally recognized as safe as a           inconsistent with this rule will be
rulemaking to: FSIS Docket Clerk,               stabilizer and thickener with a             preempted; (2) no retroactive effect will
Docket #96–014DF, U.S. Department of            maximum usage level of 0.5 percent          be given to this rule; and (3)
Agriculture, Food Safety and Inspection         when used in meat products (21 CFR          administrative proceedings will not be
61620 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

required before parties may file suit in       blend would incur labeling expenses in             For the reasons set out in the
court challenging this rule.                   revising the ingredients statements of           preamble, 9 CFR part 318 is amended as
                                               their labels to show the presence of the         follows:
Executive Order 12866 and Regulatory
                                               blend. Decisions by individual
Flexibility Act                                                                                 PART 318—ENTRY INTO OFFICIAL
                                               manufacturers on whether to use the
  This direct final rule has been              binder blend in these cured pork                 ESTABLISHMENTS; REINSPECTION
determined to be not significant and,          products would be based on their                 AND PREPARATION OF PRODUCTS
therefore, has not been reviewed by            conclusions that the benefits outweigh             1. The authority citation for part 318
OMB.                                           the implementation costs.                        continues to read as follows:
Effect on Small Entities                       Paperwork Requirements                             Authority: 7 U.S.C. 450, 1901–1906; 21
  The Administrator, FSIS, has made a            Manufacturers opting to use a blend            U.S.C. 601–695; 7 CFR 2.18, 2.53.
determination that this direct final rule      of carrageenan, locust bean gum, and               2. In section 318.7(c)(4), under the
will not have a significant economic           xanthan gum as a binder in specific              Class of substance ‘‘Binders and
impact on a substantial number of small        pork products must revise their product          extenders,’’ a new entry for the
entities, as defined by the Regulatory         labels. Such labeling changes will be            substance ‘‘Carrageenan, Locust Gum
Flexibility Act (5 U.S.C. 601). This           generically approved in accordance               Bean, and Xanthan Gum Blend’’ is
direct final rule permits the use of an        with 9 CFR 317.5. Any burden                     added at the end to read as follows:
additional binder matrix, a blend of           associated with labeling changes are
carrageenan, locust bean gum, and              approved under OMB number 0583–                  § 318.7 Approval of substances for use in
xanthan gum, in ‘‘Ham Water Added’’            0092.                                            the preparation of products.
and ‘‘Ham and Water Product—X% of                                                               *       *   *       *      *
Weight is Added Ingredients.’’                 List of Subjects in 9 CFR Part 318                   (c) * * *
Manufacturers opting to use the binder           Food additives, Meat inspection.                   (4) * * *

  Class of Substance            Substance              Purpose                  Products                              Amount

         *                   *                  *                     *                    *                     *                     *
Binders and extenders    Carrageenan, Locust    To prevent purging of     Cured pork products       In combination, not to exceed 0.5 percent of
                          bean gum, and           brine solution.           as provided in 9          product formulation; not permitted in com-
                          Xanthan gum blend.                                CFR 319.104(d).           bination with other binders approved for
                                                                                                      use in cured pork products; in accordance
                                                                                                      with 21 CFR 172.620, 172.623, 172.626,
                                                                                                      184.1343, and 172.695
          *                 *                   *                     *                    *                     *                     *

  Done at Washington, DC, on November 10,      million the amount of reservable                 more will be required to report quarterly
1997.                                          liabilities of each depository institution       on form FR 2910q while exempt
Thomas J. Billy,                               that is subject to a reserve requirement         institutions with total deposits less than
Administrator.                                 of zero percent. This action is required         $50.7 million may report annually on
[FR Doc. 97–30324 Filed 11–18–97; 8:45 am]     by section 19(b)(11)(B) of the Federal           form FR 2910a.
BILLING CODE 3410–DM–P                         Reserve Act, and the adjustment is               DATES: Effective date: December 16,
                                               known as the reservable liabilities              1997.
                                               exemption adjustment. The Board is                  Compliance dates: For depository
FEDERAL RESERVE SYSTEM                         also increasing the deposit cutoff levels        institutions that report weekly, the low
                                               that are used in conjunction with the            reserve tranche adjustment and the
12 CFR Part 204                                reservable liabilities exemption to              reservable liabilities exemption
                                               determine the frequency of deposit               adjustment will apply to the reserve
[Regulation D; Docket No. R–0945]              reporting from $75.0 million to $78.9            computation period that begins
                                               million for nonexempt depository                 Tuesday, December 30, 1997, and the
Reserve Requirements of Depository
                                               institutions and from $48.2 million to           corresponding reserve maintenance
                                               $50.7 million for exempt institutions.           period that begins Thursday, January 1,
AGENCY:  Board of Governors of the             (Nonexempt institutions are those with           1998. For institutions that report
Federal Reserve System.                        total reservable liabilities exceeding the       quarterly, the low reserve tranche
ACTION: Final rule.                            amount exempted from reserve                     adjustment and the reservable liabilities
                                               requirements ($4.7 million) while                exemption adjustment will apply to the
SUMMARY: The Board is amending                 exempt institutions are those with total         reserve computation period that begins
Regulation D, Reserve Requirements of          reservable liabilities not exceeding the         Tuesday, December 16, 1997, and the
Depository Institutions, to decrease the       amount exempted from reserve                     corresponding reserve maintenance
amount of transaction accounts subject         requirements.) Thus, beginning in                period that begins Thursday, January 15,
to a reserve requirement ratio of three        September 1998, nonexempt institutions           1998. For all depository institutions, the
percent, as required by section                with total deposits of $78.9 million or          deposit cutoff levels will be used to
19(b)(2)(C) of the Federal Reserve Act,        more will be required to report weekly           screen institutions in the second quarter
from $49.3 million to $47.8 million of         while nonexempt institutions with total          of 1998 to determine the reporting
net transaction accounts. This                 deposits less than $78.9 million may             frequency for the twelve month period
adjustment is known as the low reserve         report quarterly, in both cases on form          that begins in September 1998.
tranche adjustment. The Board is               FR 2900. Similarly, exempt institutions          FOR FURTHER INFORMATION CONTACT: Rick
increasing from $4.4 million to $4.7           with total deposits of $50.7 million or          Heyke, Attorney (202/452–3688), Legal

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