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Rules and Regulations Federal Register

77521 

Vol. 75, No. 238 

Monday, December 13, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Document Number AMS–TM–09–0003; TM– 

08–06FR] 

RIN 0581–AC91 

National Organic Program; 

Amendments to the National List of 

Allowed and Prohibited Substances 

(Crops and Processing) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Department of Agriculture’s 

(USDA) National List of Allowed and 

Prohibited Substances (National List) to 

enact six recommendations submitted to 

the Secretary of Agriculture (Secretary) 

by the National Organic Standards 

Board (NOSB) from November 30, 2007, 

and May 22, 2008. This final rule adds 

aqueous potassium silicate and sodium 

carbonate peroxyhydrate, along with 

any restrictive annotations, for use in 

organic crop production, and adds 

gellan gum, fortified cooking wine— 

Marsala, fortified cooking wine—sherry, 

and tragacanth gum, along with any 

restrictive annotations, for use in 

organic handling. This final rule also 

removes the listing for glycerine oleate 

(glycerol monooleate) as the use 

exemption for this substance as a 

synthetic inert ingredient in organic 

crop production expired on December 

31, 2006. 

DATES: Effective Date: This rule becomes 

effective December 14, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Bailey, Director, Standards 

Division, Telephone: (202) 720–3252; 

Fax: (202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Secretary 

established, within the National Organic 

Program (NOP) [7 CFR part 205], the 

National List regulations §§ 205.600 

through 205.607. This National List 

identifies the synthetic substances that 

may be used and the nonsynthetic 

(natural) substances that may not be 

used in organic production. The 

National List also identifies synthetic, 

nonsynthetic nonagricultural and 

nonorganic agricultural substances that 

may be used in organic handling. The 

Organic Foods Production Act of 1990, 

as amended, (7 U.S.C. 6501 et seq.), 

(OFPA), and NOP regulations, in 

§ 205.105, specifically prohibit the use 

of any synthetic substance in organic 

production and handling unless the 

synthetic substance is on the National 

List. Section 205.105 also requires that 

any nonorganic agricultural and any 

nonsynthetic nonagricultural substance 

used in organic handling must also be 

on the National List. 

Under the authority of the OFPA, the 

National List can be amended by the 

Secretary based on proposed 

amendments developed by the NOSB. 

Since established, the National List has 

been amended thirteen times, October 

31, 2003 (68 FR 61987), November 3, 

2003 (68 FR 62215), October 21, 2005 

(70 FR 61217), June 7, 2006 (71 FR 

32803), September 11, 2006 (71 FR 

53299), June, 27, 2007 (72 FR 35137), 

October 16, 2007 (72 FR 58469), 

December 10, 2007 (72 FR 69569), 

December 12, 2007 (72 FR 70479), 

September 18, 2008 (73 FR 54057), 

October 9, 2008 (73 FR 59479), July 6, 

2010 (75 FR 38693), and August 24, 

2010 (75 FR 51919). Additionally, a 

proposed amendment to the National 

List was published on November 8, 

2010 (75 FR 68505). 

This final rule amends the National 

List to enact six recommendations 

submitted to the Secretary by the NOSB 

on November 30, 2007, and May 22, 

2008, and removes the listing of one 

substance, as its use exemption has 

expired. 

II. Overview of Amendments 

The following provides an overview 

of the amendments made to designated 

sections of the National List regulations: 

Section 205.601 Synthetic Substances 

Allowed for Use in Organic Crop 

Production 

This final rule amends paragraph (a) 

of § 205.601 of the National List 

regulations by adding new paragraph 

(a)(8) for the addition of one substance 

as follows: Sodium carbonate 

peroxyhydrate (CAS #–15630–89–4)— 

Federal law restricts the use of this 

substance in food crop production to 

approved food uses identified on the 

product label. 

This final rule amends paragraphs (e) 

and (i) of § 205.601 by: (1) Redesignating 

paragraphs (e)(2) through (e)(9), and 

paragraphs (i)(1) through (i)(11), as 

paragraphs (e)(3) through (e)(10) and 

(i)(2) through (i)(12), respectively; and 

(2) adding new paragraphs (e)(2) and 

(i)(1) to add one substance as follows: 

aqueous potassium silicate (CAS #– 

1312–76–1)—the silica used in the 

manufacture of potassium silicate must 

be sourced from naturally occurring 

sand. 

This final rule amends paragraph 

(m)(2) of § 205.601 of the National List 

regulations by: (1) Removing the expired 

exemption for glycerine oleate (glycerol 

monooleate) (CAS #–37220–82–9)—for 

use only until December 31, 2006; and 

(2) redesignating paragraph (m)(2)(ii) as 

new paragraph (m)(2). 

Section 205.605 Nonagricultural 

(Nonorganic) Substances Allowed as 

Ingredients in or on Processed Products 

Labeled as ‘‘Organic’’ or ‘‘Made With 

Organic (Specified Ingredients or Food 

Group(s)).’’ 

This final rule amends § 205.605(a) of 

the National List regulations by adding 

one substance in alphabetical order as 

follows: Gellan gum (CAS #–71010–52– 

1)—high-acyl form only. 

Section 205.606 Nonorganically 

Produced Agricultural Products Allowed 

as Ingredients in or on Processed 

Products Labeled as ‘‘Organic.’’ 

This final rule amends § 205.606 of 

the National List regulations by: (1) 

Redesignating paragraphs (g) through (t) 

and (u) through (w) as paragraphs (h) 

through (u) and (w) through (y); and 

(2) adding new paragraph (g) for the 

addition of two substances as follows: 

Fortified cooking wines, (1) Marsala, 

(2) sherry; and (3) adding new 

paragraph (v) for the addition of one 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
77522 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

1U.S. Department of Agriculture, Economic 

Research Service, 2009. Data Sets: U.S. Certified 

Organic Farmland Acreage, Livestock Numbers and 

Farm Operations, 1992–2008. http:// 

www.ers.usda.gov/Data/Organic/. 

2U.S. Department of Agriculture, Economic 

Research Service, 2009. Data Sets: Procurement and 

Contracting by Organic Handlers: Documentation. 

http://www.ers.usda.gov/Data/OrganicHandlers/ 

Documentation.htm. 

substance as follows: Tragacanth gum 

(CAS #–9000–65–1). 

III. Related Documents 

Three notices were published 

regarding the meetings of the NOSB and 

its deliberations on recommendations 

and substances petitioned for amending 

the National List. Substances and 

recommendations included in this final 

rule were announced for NOSB 

deliberation in the following Federal 

Register Notices: (1) 72 FR 10971, 

March 12, 2007, (Gellan gum); (2) 72 FR 

58046, October 12, 2007, (Potassium 

silicate, Sodium carbonate 

peroxyhydrate, Gellan gum); and (3) 73 

FR 18491, April 4, 2008, (Marsala 

cooking wine, Sherry cooking wine, 

Tragacanth gum). The recommendation 

to allow the use of the six substances in 

this final rule, and the removal of the 

expired substance, was published as a 

proposed rule on June 3, 2009 (74 FR 

26591). 

IV. Statutory and Regulatory Authority 

The OFPA authorizes the Secretary to 

make amendments to the National List 

based on proposed amendments 

developed by the NOSB. Sections 

6518(k)(2) and 6518(n) of the OFPA 

authorize the NOSB to develop 

proposed amendments to the National 

List for submission to the Secretary and 

establish a petition process by which 

persons may petition the NOSB for the 

purpose of having substances evaluated 

for inclusion on or deletion from the 

National List. The National List petition 

process is implemented under § 205.607 

of the NOP regulations. The current 

petition process (72 FR 2167, January 

18, 2007) can be accessed through the 

NOP Web site at http:// 

www.ams.usda.gov/nop. 

A. Executive Order 12866 

This action has been determined not 

significant for purposes of Executive 

Order 12866, and therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). 

B. Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations in order to avoid 

unduly burdening the court system. 

This final rule is not intended to have 

a retroactive effect. 

States and local jurisdictions are 

preempted under the OFPA from 

creating programs of accreditation for 

private persons or State officials who 

want to become certifying agents of 

organic farms or handling operations. A 

governing State official would have to 

apply to USDA to be accredited as a 

certifying agent, as described in 

§ 2115(b) of the OFPA (7 U.S.C. 

6514(b)). States are also preempted 

under §§ 2104 through 2108 of the 

OFPA (7 U.S.C. 6503 through 6507) 

from creating certification programs to 

certify organic farms or handling 

operations unless the State programs 

have been submitted to, and approved 

by, the Secretary as meeting the 

requirements of the OFPA. 

Pursuant to § 2108(b)(2) of the OFPA 

(7 U.S.C. 6507(b)(2)), a State organic 

certification program may contain 

additional requirements for the 

production and handling of organically 

produced agricultural products that are 

produced in the State and for the 

certification of organic farm and 

handling operations located within the 

State under certain circumstances. Such 

additional requirements must: (a) 

Further the purposes of the OFPA, (b) 

not be inconsistent with the OFPA, (c) 

not be discriminatory toward 

agricultural commodities organically 

produced in other States, and (d) not be 

effective until approved by the 

Secretary. 

Pursuant to § 2120(f) of the OFPA (7 

U.S.C. 6519(f)), this final rule would not 

alter the authority of the Secretary 

under the Federal Meat Inspection Act 

(21 U.S.C. 601 et seq.), the Poultry 

Products Inspections Act (21 U.S.C. 451 

et seq.), or the Egg Products Inspection 

Act (21 U.S.C. 1031 et seq.), concerning 

meat, poultry, and egg products, nor any 

of the authorities of the Secretary of 

Health and Human Services under the 

Federal Food, Drug and Cosmetic Act 

(21 U.S.C. 301 et seq.), nor the authority 

of the Administrator of the EPA under 

the Federal Insecticide, Fungicide and 

Rodenticide Act (7 U.S.C. 136 et seq.). 

Section 2121 of the OFPA (7 U.S.C. 

6520) provides for the Secretary to 

establish an expedited administrative 

appeals procedure under which persons 

may appeal an action of the Secretary, 

the applicable governing State official, 

or a certifying agent under this title that 

adversely affects such person or is 

inconsistent with the organic 

certification program established under 

this title. The OFPA also provides that 

the U.S. District Court for the district in 

which a person is located has 

jurisdiction to review the Secretary’s 

decision. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) requires agencies to 

consider the economic impact of each 

rule on small entities and evaluate 

alternatives that would accomplish the 

objectives of the rule without unduly 

burdening small entities or erecting 

barriers that would restrict their ability 

to compete in the market. The purpose 

is to fit regulatory actions to the scale of 

businesses subject to the action. Section 

605 of the RFA allows an agency to 

certify a rule, in lieu of preparing an 

analysis, if the rulemaking is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. 

Pursuant to the requirements set forth 

in the RFA, the Agricultural Marketing 

Service (AMS) performed an economic 

impact analysis on small entities in the 

final rule published in the Federal 

Register on December 21, 2000 (65 FR 

80548). The AMS has also considered 

the economic impact of this action on 

small entities. The impact on entities 

affected by this final rule would not be 

significant. The effect of this final rule 

would be to allow the use of additional 

substances in agricultural production 

and handling. This action would modify 

the regulations published in the final 

rule and would provide small entities 

with more tools to use in day-to-day 

farming and handling operations. The 

AMS concludes that the economic 

impact of this addition of allowed 

substances, if any, would be minimal 

and beneficial to small agricultural 

service firms. Accordingly, USDA 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small agricultural service firms, 

which include producers, handlers, and 

accredited certifying agents, have been 

defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of less 

than $7,000,000 and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

According to USDA Economic 

Research Service (ERS) data based on 

information from USDA-accredited 

certifying agents, the number of certified 

U.S. organic crop and livestock 

operations totaled nearly 13,000 and 

certified organic acreage exceeded 4.8 

million acres in 2008.1 ERS, based upon 

the list of certified operations 

maintained by the National Organic 

Program, estimated the number of 

certified handling operations was 3,225 

in 2007.2 AMS believes that most of 

these entities would be considered 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 77523 

3 Dimitri, C., and L. Oberholtzer. 2009. Marketing 

U.S. Organic Foods: Recent Trends from Farms to 

Consumers, Economic Information Bulletin No. 58, 

U.S. Department of Agriculture, Economic Research 

Service, http://www.ers.usda.gov/Publications/ 

EIB58. 

4Organic Trade Association’s 2010 Organic 

Industry Survey, http://www.ota.com. 

small entities under the criteria 

established by the SBA. 

The U.S. sales of organic food and 

beverages have grown from $3.6 billion 

in 1997 to nearly $21.1 billion in 2008.3

The organic industry is viewed as the 

fastest growing sector of agriculture, 

representing over 3 percent of overall 

food sales in 2009. Between 1990 and 

2008, organic food sales have 

historically demonstrated a growth rate 

between 15 to 24 percent each year. In 

2009, organic food sales grew 5.1%.4

In addition, USDA has 98 accredited 

certifying agents (ACAs) who provide 

certification services to producers and 

handlers under the NOP. A complete 

list of names and addresses of ACAs 

may be found on the AMS NOP Web 

site, at http://www.ams.usda.gov/nop. 

The AMS believes that most of these 

accredited certifying agents would be 

considered small entities under the 

criteria established by the SBA. 

D. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this final rule. 

Accordingly, OMB clearance is not 

required by section 350(h) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq., or OMB’s 

implementing regulation at 5 CFR part 

1320. 

The AMS is committed to compliance 

with the E–Government Act, to promote 

the use of the Internet and other 

information technologies increased 

opportunities for citizen access to 

Government information and services, 

and for other purposes. 

E. Received Comments on Proposed 

Rule 

AMS received comments from 9 

submitters on the proposed rule TM– 

08–06. Comments were received from 

handlers, a trade association, a nonprofit organization, an accredited 

certifying agent, and an industry group. 

There was support among the comments 

for the allowance of each of the six 

proposed use exemptions. However, a 

few of those supporting comments 

suggested modifications to the proposed 

amendments. One comment also 

expressed support for the removal of the 

expired listing for glycerol monooleate. 

One additional commenter expressed 

blanket opposition to allowing these 

substances in organic production and 

handling, but did not offer any specific 

objections. The comments can be 

viewed at: http://www.regulations.gov/. 

One comment in favor of the addition 

of aqueous potassium silicate to 

§ 205.601 requested that the NOP clarify 

what measures would be used to verify 

and enforce the source restriction, and 

what oversight and technical assistance 

the NOP will provide to certifying 

agents and their subcontractors. The 

comment refers to the annotation that 

the silica used in the manufacture of 

potassium silicate must be sourced from 

naturally occurring sand. The National 

List contains a number of substances 

which have annotations that specify 

source or processing restrictions, 

particularly for handling substances. 

The NOP has previously advised that 

ACAs obtain written documentation 

from the manufacturer(s) of the input 

product(s) to discern whether a 

substance/product conforms to 

restrictive annotations. 

One comment in favor of adding 

tragacanth gum to § 205.606 requested 

that the NOSB further consider the 

impact of pesticides and fertilizers in 

the production of nonorganic 

ingredients, such as tragacanth gum and 

wine grapes (in reference to the cooking 

wines). The commenter cited the criteria 

established in 7 U.S.C. 6518(m), which 

includes the probability of 

environmental contamination during 

manufacture, use, misuse, or disposal of 

the substance, effects of the substance 

on biological and chemical interactions 

in the agroecosystem, and its 

compatibility with a system of 

sustainable agriculture. During the May 

2008 meeting, the Board discussed how 

to consider the impact of conventional 

production methods for substances 

petitioned for addition to § 205.606. In 

the context of wine grapes used to 

produce fortified cooking wines, the 

Board clarified that its evaluation 

covered the production and use of the 

finished wine product and not the 

production of the raw ingredients in the 

wine. Thus, in accordance with 7 U.S.C. 

6518(m), the Board considered potential 

adverse effects upon the agroecosystem 

from the manufacture, use and disposal 

of the fortified cooking wine and not the 

individual ingredients in the wine. The 

Board determined that the fortified 

cooking wines, sherry and Marsala, 

satisfied the OFPA criteria in section 

6518(m). In regards to tragacanth gum, 

the Board reviewed the production 

process for the gum and found it to be 

identical to a water extracted gum that 

is currently listed in § 205.606. At its 

May 20–22, 2008, meeting in Baltimore, 

MD, the NOSB evaluated tragacanth 

gum against the criteria established 

under 7 U.S.C. 6517 and 6518, and 

concluded that tragacanth gum is 

consistent with the OFPA evaluation 

criteria. Members of the public are 

always invited to submit comments 

regarding specific production concerns 

of any particular substance that has 

been petitioned for addition to 

§ 205.606. The NOP solicits such 

comments in notices of NOSB meetings 

and proposed rules, both of which are 

published in the Federal Register and 

on the NOP Web site. 

Changes Based on Comments 

Gellan Gum 

Several comments addressed gellan 

gum. These comments favored the 

addition of gellan gum to § 205.605, and 

several specifically referenced support 

for the listing of gellan gum as 

nonsynthetic substance on § 205.605(a). 

One comment in support of the 

exemption for gellan gum, 

recommended an annotation to allow 

only the native form of gellan gum, i.e., 

the high-acyl form. The comment stated 

that low-acyl gellan gum is chemically 

modified by alkali treatment prior to 

alcohol precipitation and is, therefore, 

synthetic. The comment indicated that a 

restriction of the exemption to the highacyl form aligns with the intent of the 

NOSB as conveyed during the 

November 27–30, 2007 meeting 

discussion. 

There are 2 forms of gellan gum: Highand low-acyl. To manufacture the lowacyl form, an alkali is added and the 

temperature is raised to remove acetyl 

groups. A strong acid is then used to 

lower the pH and the gum is recovered 

from solution by clarification and 

precipitation. The high-acyl form is not 

subject to deacetylation with an alkali 

salt. After fermentation, the high-acyl 

form is precipitated out of solution with 

isopropyl alcohol. 

We believe the different 

manufacturing processes for high- and 

low-acyl gellan gum merits a revision to 

the proposed amendment to clarify that 

only the high-acyl form of gellan gum 

may be classified as nonsynthetic. 

Deacetylation, the removal of acetyl 

group(s) from molecules, results in 

chemical change. Thus, in accordance 

with the NOP definition of synthetic, 

the resulting substance would be 

synthetic. Based upon this reasoning, 

we agree with the comment that the 

recommendation to add gellan gum as a 

nonsynthetic substance pertains only to 

the high-acyl form. Therefore, we have 

amended the listing by adding the 

annotation ‘‘high-acyl form only.’’ 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
77524 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

Changes Requested But Not Made 

Fortified Cooking Wines—Marsala and 

Sherry 

Two comments addressed Marsala 

and sherry fortified cooking wines. One 

comment did not support the listing on 

the basis that organic versions of these 

cooking wines are commercially 

available, but failed to provide 

documentation to support this claim. 

One comment requested an annotation 

to prohibit fortified wines that contain 

synthetic sulfites, such as sulfur dioxide 

or potassium metabisulfite. The 

comment referenced the restriction of 

sulfur dioxide to wines that are ‘‘made 

with organic grapes’’ in questioning the 

legal basis for allowing cooking wines 

containing sulfites to be listed on 

§ 205.606 and, therefore, to be used to 

produce ‘‘organic’’ products. 

In its discussion at the May 20–22, 

2008 meeting, the NOSB acknowledged 

that the manufacturer cited in the 

fortified cooking wine petitions did not 

add sulfites to its sherry and Marsala 

cooking wines. However, the NOSB did 

not recommend prohibiting sherry or 

Marsala cooking wines which contain 

added sulfites. We believe the 

recommendation is consistent with 

OFPA, § 6510(a)(3), which prohibits the 

addition of sulfites except in the 

production of wine. Therefore, we are 

not adopting the proposed annotation to 

prohibit conventional forms of Marsala 

and sherry fortified cooking wines 

which contain added sulfites. 

F. Effective Date 

This final rule reflects 

recommendations submitted to the 

Secretary by the NOSB. The substances 

being added to the National List were 

based on petitions from the industry 

and evaluated by the NOSB using 

criteria in the Act and the regulations. 

Because these substances are crucial to 

organic crop production and processing 

operations, producers should be able to 

use them in their operations as soon as 

possible. Accordingly, AMS finds that 

good cause exists under 5 U.S.C. 

553(d)(3) for not postponing the 

effective date of this rule until 30 days 

after publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

For the reasons set forth in the 

preamble, 7 CFR part 205, subpart G is 

amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

■ 2. Section 205.601 is amended by: 

■ A. Adding new paragraph (a)(8); 

■ B. Redesignating paragraphs (e)(2) 

through (e)(9) as (e)(3) through (e)(10) 

and adding new paragraph (e)(2); 

■ C. Redesignating paragraphs (i)(1) 

through (i)(11) as (i)(2) through (i)(12) 

and adding new paragraph (i)(1); and 

■ D. Revising paragraph (m)(2). 

The additions and revisions read as 

follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(a) * * * 

(8) Sodium carbonate peroxyhydrate 

(CAS #–15630–89–4)—Federal law 

restricts the use of this substance in 

food crop production to approved food 

uses identified on the product label. 

* * * * * 

(e) * * * 

(2) Aqueous potassium silicate (CAS 

#–1312–76–1)—the silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(i) * * * 

(1) Aqueous potassium silicate (CAS 

#–1312–76–1)—the silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(m) * * * 

(2) EPA List 3—Inerts of unknown 

toxicity—for use only in passive 

pheromone dispensers. 

* * * * * 

■ 2. Section 205.605 is amended by 

adding one new substance in 

alphabetical order to paragraph (a) to 

read as follows: 

§ 205.605 Nonagricultural (nonorganic) 

substances allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ or 

‘‘made with organic (specified ingredients 

or food group(s)).’’ 

* * * * * 

(a) * * * 

* * * * * 

Gellan gum (CAS # 71010–52–1)— 

high-acyl form only. 

* * * * * 

■ 3. Section 205.606 is amended by: 

■ A. Redesignating paragraphs (g) 

through (t) and (u) through (w) as 

paragraphs (h) through (u) and (w) 

through (y) respectively; 

■ B. Adding new paragraphs (g) and (v) 

to read as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’ 

* * * * * 

(g) Fortified cooking wines. 

(1) Marsala. 

(2) Sherry. 

* * * * * 

(v) Tragacanth gum (CAS #–9000–65– 

1). 

* * * * * 

Dated: December 7, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–31196 Filed 12–10–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 29 

[Docket No. SW023; Special Conditions No. 

29–023–SC] 

Special Conditions: Sikorsky Aircraft 

Corporation Model S–92A Helicopter; 

Installation of a Search and Rescue 

(SAR) Automatic Flight Control System 

(AFCS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Sikorsky Aircraft 

Corporation (Sikorsky) model S–92A 

helicopter. This helicopter, as modified 

by Sikorsky, will have novel or unusual 

design features associated with 

installing an optional SAR AFCS. The 

applicable airworthiness standards do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards the 

Administrator considers necessary to 

show a level of safety equivalent to that 

established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is December 3, 2010. 

We must receive your comments by 

February 11, 2011. 

ADDRESSES: You must mail or deliver 

two copies of your comments to: Federal 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1