This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61619

Vol. 62, No. 223

Wednesday, November 19, 1997

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 318

[Docket No. 96–014DF]

RIN 0583–AC16

Carrageenan, Locust Bean Gum and

Xanthan Gum Blend Used as a Binder

in Certain Cured Pork Products

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Direct final rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is amending

the Federal meat inspection regulations

to permit the use of a blend of

carrageenan, locust bean gum, and

xanthan gum as a binder in cured pork

products labeled ‘‘Ham Water Added’’

and ‘‘Ham and Water Product—X% of

Weight is Added Ingredients.’’ FSIS

currently permits the use of other

specified binders in these cured pork

products. The maximum use level of 0.5

percent will prevent purging of the

pumped brine solution from the

products, thereby retaining product

moisture and enhancing texture.

DATES: This rule will be effective

January 20, 1998 unless FSIS receives

written adverse comments within the

scope of this rulemaking or written

notice of intent to submit adverse

comments within the scope of this

rulemaking on or before December 19,

1997. If written adverse comments or

notice of intent to submit adverse

comments is received, FSIS will publish

timely notice of the withdrawal of this

rule in the Federal Register.

ADDRESS: Submit adverse comments or

notice of intent to submit adverse

comments within the scope of this

rulemaking to: FSIS Docket Clerk,

Docket #96–014DF, U.S. Department of

Agriculture, Food Safety and Inspection

Service, Room 102, Cotton Annex, 300

12th Street, SW, Washington, DC

20250–3700. Reference materials cited

in this document will be available for

public inspection in the FSIS Docket

Room from 8:30 a.m. to 4:30 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Post, Labeling and Compounds

Review Division, Office of Policy,

Program Development and Evaluation;

(202) 418–8900.

SUPPLEMENTARY INFORMATION: On July

18, 1995, FSIS was petitioned by

Vedeqsa, S.A., to approve the use of a

blend of carrageenan, locust bean gum,

and xanthan gum as a binder in cured

pork products labeled ‘‘Ham Water

Added’’ and ‘‘Ham and Water Product—

X% of Weight is Added Ingredients,’’ in

an amount not exceeding 0.5 percent of

product formulation, to prevent purging

of the brine solution. During

manufacturing, these ham products are

pumped with a brine solution, the

ultimate level of which is controlled by

a protein-fat-free (PFF) standard

described in 9 CFR 319.104. PFF is the

minimum meat protein which is

indigenous to the raw, unprocessed

pork, expressed as a percent of the

nonfat portion of the finished product.

These products are normally packaged

in clear plastic and enclosed by a

vacuum seal. Subsequent to the curing

process, the brine purges from the

products, settling in the products’

packages, reducing the moisture content

of the products and negatively affecting

their appearance and quality.

FSIS currently permits the use of

carrageenan as an extender and

stabilizer in breading mixes and sauces

for use in meat products at a level

sufficient for that purpose, and in ‘‘Ham

Water Added’’ and ‘‘Ham and Water

Product—X% of Weight is Added

Ingredients’’ up to 1.5 percent of

product formulation to prevent purging

of brine solution. FSIS also permits the

use of xanthan gum as an emulsifier,

stabilizer, or thickener in meat sauces,

gravies, canned or frozen meat salads or

stews, canned chili, pizza topping

mixes, and batter and breading mixes, at

a level sufficient for that purpose.

The Food and Drug Administration

(FDA) lists locust (carob) bean gum as

generally recognized as safe as a

stabilizer and thickener with a

maximum usage level of 0.5 percent

when used in meat products (21 CFR

184.1343). FDA has provided FSIS with

a letter dated October 13, 1995,

concurring with FSIS’s determination

that the petitioned use of a blend of

carrageenan, locust bean gum, and

xanthan gum in combination is

acceptable for use as a binder matrix

(blend) to prevent purging of added

brine solution in certain cured pork

products.

The petitioner submitted data to show

that at a use level of 0.5 percent, a blend

consisting of 70 percent carrageenan, 15

percent locust bean gum and 15 percent

xanthan gum reduces the purge of brine

in water-added hams as well as

carrageenan alone. After reviewing this,

and the petitioner’s other technical data

and information, FSIS has determined

that 9 CFR 318.7(c)(4) should be

amended to permit the use of any blend

of carrageenan, locust bean gum, and

xanthan gum in ‘‘Ham Water Added’’

and ‘‘Ham and Water Product—X% of

Weight is Added Ingredients’’ products

at a level not to exceed 0.5 percent of

the product formulation weight. Such

use will reduce the amount of purge

from the ham products during storage.

This binder is not permitted to be used

in combination with any other binder

approved for use in cured pork

products. This binder shall be

designated in the ingredients statement,

as provided in 9 CFR 319.104(d).

FSIS expects no adverse public

reaction resulting from this change in

regulatory language. Therefore, unless

the Agency receives adverse comments

within the scope of the rulemaking, or

notice of intent to submit adverse

comments within the scope of the

rulemaking within 30 days, the action

will become final 60 days after

publication in the Federal Register. If

adverse comments within the scope of

the rulemaking are received, the direct

final rulemaking notice will be

withdrawn and a proposed rulemaking

notice will establish a comment period.

Executive Order 12988

This direct final rule has been

reviewed under Executive Order 12988,

Civil Justice Reform. If this direct final

rule is adopted: (1) All state and local

laws and regulations that are

inconsistent with this rule will be

preempted; (2) no retroactive effect will

be given to this rule; and (3)

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

court challenging this rule.

Executive Order 12866 and Regulatory

Flexibility Act

This direct final rule has been

determined to be not significant and,

therefore, has not been reviewed by

OMB.

Effect on Small Entities

The Administrator, FSIS, has made a

determination that this direct final rule

will not have a significant economic

impact on a substantial number of small

entities, as defined by the Regulatory

Flexibility Act (5 U.S.C. 601). This

direct final rule permits the use of an

additional binder matrix, a blend of

carrageenan, locust bean gum, and

xanthan gum, in ‘‘Ham Water Added’’

and ‘‘Ham and Water Product—X% of

Weight is Added Ingredients.’’

Manufacturers opting to use the binder

blend would incur labeling expenses in

revising the ingredients statements of

their labels to show the presence of the

blend. Decisions by individual

manufacturers on whether to use the

binder blend in these cured pork

products would be based on their

conclusions that the benefits outweigh

the implementation costs.

Paperwork Requirements

Manufacturers opting to use a blend

of carrageenan, locust bean gum, and

xanthan gum as a binder in specific

pork products must revise their product

labels. Such labeling changes will be

generically approved in accordance

with 9 CFR 317.5. Any burden

associated with labeling changes are

approved under OMB number 0583–

0092.

List of Subjects in 9 CFR Part 318

Food additives, Meat inspection.

For the reasons set out in the

preamble, 9 CFR part 318 is amended as

follows:

PART 318—ENTRY INTO OFFICIAL

ESTABLISHMENTS; REINSPECTION

AND PREPARATION OF PRODUCTS

1. The authority citation for part 318

continues to read as follows:

Authority: 7 U.S.C. 450, 1901–1906; 21

U.S.C. 601–695; 7 CFR 2.18, 2.53.

2. In section 318.7(c)(4), under the

Class of substance ‘‘Binders and

extenders,’’ a new entry for the

substance ‘‘Carrageenan, Locust Gum

Bean, and Xanthan Gum Blend’’ is

added at the end to read as follows:

§ 318.7 Approval of substances for use in

the preparation of products.

* * * * *

(c) * * *

(4) * * *

Class of Substance Substance Purpose Products Amount

* * * * * * *

Binders and extenders Carrageenan, Locust

bean gum, and

Xanthan gum blend.

To prevent purging of

brine solution.

Cured pork products

as provided in 9

CFR 319.104(d).

In combination, not to exceed 0.5 percent of

product formulation; not permitted in combination 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,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–30324 Filed 11–18–97; 8:45 am]

BILLING CODE 3410–DM–P

FEDERAL RESERVE SYSTEM

12 CFR Part 204

[Regulation D; Docket No. R–0945]

Reserve Requirements of Depository

Institutions

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board is amending

Regulation D, Reserve Requirements of

Depository Institutions, to decrease the

amount of transaction accounts subject

to a reserve requirement ratio of three

percent, as required by section

19(b)(2)(C) of the Federal Reserve Act,

from $49.3 million to $47.8 million of

net transaction accounts. This

adjustment is known as the low reserve

tranche adjustment. The Board is

increasing from $4.4 million to $4.7

million the amount of reservable

liabilities of each depository institution

that is subject to a reserve requirement

of zero percent. This action is required

by section 19(b)(11)(B) of the Federal

Reserve Act, and the adjustment is

known as the reservable liabilities

exemption adjustment. The Board is

also increasing the deposit cutoff levels

that are used in conjunction with the

reservable liabilities exemption to

determine the frequency of deposit

reporting from $75.0 million to $78.9

million for nonexempt depository

institutions and from $48.2 million to

$50.7 million for exempt institutions.

(Nonexempt institutions are those with

total reservable liabilities exceeding the

amount exempted from reserve

requirements ($4.7 million) while

exempt institutions are those with total

reservable liabilities not exceeding the

amount exempted from reserve

requirements.) Thus, beginning in

September 1998, nonexempt institutions

with total deposits of $78.9 million or

more will be required to report weekly

while nonexempt institutions with total

deposits less than $78.9 million may

report quarterly, in both cases on form

FR 2900. Similarly, exempt institutions

with total deposits of $50.7 million or

more will be required to report quarterly

on form FR 2910q while exempt

institutions with total deposits less than

$50.7 million may report annually on

form FR 2910a.

DATES: Effective date: December 16,

1997.

Compliance dates: For depository

institutions that report weekly, the low

reserve tranche adjustment and the

reservable liabilities exemption

adjustment will apply to the reserve

computation period that begins

Tuesday, December 30, 1997, and the

corresponding reserve maintenance

period that begins Thursday, January 1,

1998. For institutions that report

quarterly, the low reserve tranche

adjustment and the reservable liabilities

exemption adjustment will apply to the

reserve computation period that begins

Tuesday, December 16, 1997, and the

corresponding reserve maintenance

period that begins Thursday, January 15,

1998. For all depository institutions, the

deposit cutoff levels will be used to

screen institutions in the second quarter

of 1998 to determine the reporting

frequency for the twelve month period

that begins in September 1998.

FOR FURTHER INFORMATION CONTACT: Rick

Heyke, Attorney (202/452–3688), Legal