Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12117

§ 251.2 Administration.

* * * * *

(c) Each State agency that distributes

donated foods to emergency feeding

organizations or receives payments for

storage and distribution costs in

accordance with § 251.8 shall perform

those functions pursuant to an

agreement entered into with the

Department. This agreement shall be

considered permanent, with

amendments to be made at the request

of FCS. Such State agencies shall enter

into a written agreement with eligible

emergency feeding organizations. This

agreement shall provide that emergency

feeding organizations agree to operate

the program in accordance with the

requirements of this part, and, as

applicable, Part 250 of this chapter. The

agreement shall be considered

permanent, with amendments to be

made as necessary. State agencies shall

ensure that emergency feeding

organizations provide, on a timely basis,

by amendment to the agreement, any

information on changes in program

administration, including, but not

limited to, any changes resulting from

amendments to Federal regulations or

policy.

3. In § 251.10:

a. Paragraph (a)(1) is amended by

removing the citation ‘‘§ 250.6(r)’’ and

adding in its place the citation

‘‘§ 250.16’’;

b. Paragraph (d)(2) is revised to read

as follows; and

c. Paragraph (d)(3) is removed.

§ 251.10 Miscellaneous provisions.

* * * * *

(d) Reports. * * *

(2) Each State agency shall complete

and submit to the FCSRO reports to

ensure that excessive inventories of

donated foods are not maintained, in

accordance with the requirements of

§ 250.17(a) of this chapter. Such reports

shall also include the total number of

households served in the State since the

previous report submittal, based upon

current information received from

emergency feeding organizations.

* * * * *

PART 253—ADMINISTRATION OF THE

FOOD DISTRIBUTION PROGRAM FOR

HOUSEHOLDS ON INDIAN

RESERVATIONS

1. The authority citation for part 253

continues to read as follows:

Authority: 91 Stat. 958 (7 U.S.C. 2011–

2027), unless otherwise noted.

2. Section 253.5 is amended by

removing the first two sentences of the

introductory text of paragraph (a)(1) and

adding, in their place, three new

sentences to read as follows:

§ 253.5 State agency requirements.

(a) Plan of operation. (1) The State

agency that assumes responsibility for

the Food Distribution Program shall

submit a plan of operation for approval

by FCS. Approval of the plan shall be

a prerequisite to the donation of

commodities available for use by

households under § 253.9. The

approved plan shall be considered

permanent, with amendments to be

added as changes in State agency

administration or management of the

program, as described in the plan, are

made, or at the request of FCS. * * *

* * * * *

3. Section 253.9 is amended by

revising paragraph (c)(1) to read as

follows:

§ 253.9 Administrative funds for State

agencies.

* * * * *

(c) Application for funds. (1) Any

State agency administering a Food

Distribution Program that desires to

receive administrative funds under this

section shall submit form SF–424,

‘‘Application for Federal Assistance,’’ to

the appropriate FCS Regional Office at

least three months prior to the

beginning of a Federal fiscal year. The

application shall include budget

information, reflecting by category of

expenditure the State agency’s best

estimate of the total amount to be

expended in the administration of the

program during the fiscal year. FCS may

require that detailed information be

submitted by the State agency to

support or explain the total estimated

amounts shown for each budget cost

category. As required by 7 CFR 3015,

Subpart V, agencies of State government

shall submit the application for Federal

assistance to the State clearinghouse

before submitting it to the FCSRO. ITOs

shall not be subject to this requirement.

* * * * *

Dated: March 10, 1997.

William E. Ludwig,

Administrator.

[FR Doc. 97–6427 Filed 3–13–97; 8:45 am]

BILLING CODE 3410–30–U

Food Safety and Inspection Service

9 CFR Part 318

[Docket No. 95–052P]

RIN 0583–AC02

Use of Sorbitol in Cooked Roast Beef

Products

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is proposing

to amend the Federal meat inspection

regulations to add cooked roast beef

products to the list of products in which

sorbitol is permitted. FSIS proposes this

action in response to a petition

requesting that FSIS allow the use of

sorbitol, both to sweeten and to reduce

charring in cooked roast beef products,

at the level of up to 2 percent of the

product formulation. The sorbitol would

be added to a solution of ingredients

that are pumped into the beef prior to

cooking.

DATES: Comments must be received on

or before May 13, 1997.

ADDRESSES: Send an original and two

copies of written comments to: FSIS

Docket Clerk, Docket ι95–052P, Room

3806, South Agriculture Building, 1400

Independence Avenue, SW.,

Washington, DC 20250–3700. Reference

material cited in this document and any

comments received in response to this

proposal will be available for public

inspection in the FSIS Docket Room

from 8:30 a.m. to 1:00 p.m., and from

2:00 p.m. to 4:30 p.m., Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

Charles R. Edwards, Director, Product

Assessment Division, Regulatory

Programs, (202) 418–8900.

SUPPLEMENTARY INFORMATION:

FSIS was petitioned to allow the use

of sorbitol in cooked roast beef products

in the amount currently approved for

use in other meat and meat food

products. The petitioner requested that

FSIS amend § 318.7(c)(4) of the Federal

meat inspection regulations to allow the

use of sorbitol both to sweeten and to

reduce charring in cooked roast beef

products in an amount not to exceed

two percent of the product formulation,

excluding the formula weight of water

or ice. The sorbitol would be added to

a solution of ingredients that are

pumped into the beef prior to cooking.

Sorbitol is a common sugar alcohol; it

can be found in apples, pears, and other

foods. About half as sweet as sucrose

(i.e., sugar), it is often used as a
12118 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

substitute sweetener in reduced-sugar

products such as sugar-free candy and

other food products for diabetics.

Sorbitol is listed in 21 CFR 184.1835 by

the Food and Drug Administration

(FDA) as a substance affirmed as

generally recognized as safe for use as

an anticaking agent, humectant,

flavoring agent, and for various other

uses, when used in accordance with

good manufacturing practices. Sorbitol

does not possess the same chemical

makeup as do sugars that caramelize,

i.e., brown and char in the presence of

high heat. It is this characteristic of

sorbitol that reduces charring in cooked

roast beef products and other meat

products in which it is used.

The petitioner conducted informal

sensory testing using various levels of

sorbitol in roast beef product

formulations. Tests were conducted by

using informal visual and taste panels.

A panel of eight people measured the

amount of charring that took place on

roast beef products treated with sorbitol

by evaluating the browning of products

after they were treated and cooked.

Another panel of eight measured the

sweetness of the products by tasting the

test products after they were treated and

cooked. The test data show that two

percent sorbitol both reduces charring

and achieves a suitable level of

sweetness.

After reviewing the petitioner’s

technical data and information, the

Administrator, FSIS, determined that

the technical data and information

submitted with the petition

demonstrated the efficacy of sorbitol for

these uses at the level not to exceed two

percent of product formulation.

The Administrator determined that

these uses of sorbitol (1) will not render

the product adulterated or misbranded,

or otherwise not in compliance with the

requirements of the Federal Meat

Inspection Act and (2) is functional and

suitable for the product, and is

permitted at the lowest level necessary

to accomplish the stated effect. To

permit these uses of sorbitol, the chart

of approved substances in the meat

inspection regulations (9 CFR

318.7(c)(4)) must be amended.

FSIS published a direct final rule in

the Federal Register on February 27,

1996 (61 FR 7207), that would have

added new uses of sorbitol both to

sweeten and to reduce charring in

cooked roast beef products up to a level

of two percent of the product

formulation.

FSIS solicited comments concerning

the direct final rule for a 30-day period

ending March 28, 1996. FSIS stated that

the effective date of the proposed

amendment would be 60 days after

publication of the direct final rule in the

Federal Register, unless the Agency

received written adverse comments or a

notice of intent to submit adverse

comments by the close of the comment

period. FSIS also stated that if it

received written adverse comments or a

notice of intent to submit adverse

comments, it would publish a document

in the Federal Register withdrawing the

direct final rule before the scheduled

effective date and would publish a

proposed rule for public comment.

On April 16, 1996 (61 FR 16617), FSIS

withdrew the direct final rule because it

received one adverse comment from a

consumer who opposed adding cooked

roast beef to the list of products in

which sorbitol is permitted. The

comment contended that, while sorbitol

is generally recognized as safe,

increasing numbers of people have

reactions to ingredients ‘‘hidden in

prepared foods.’’ The currently

permitted use of this substance, as

specified in the regulations, complies

with applicable requirements of the

Food and Drug Administration (FDA).

Its proposed use in roast beef would

also be in compliance with those

requirements, as are current allowances

for cured pork products and sausages.

FSIS is aware of the needs of consumers

who are sensitive to certain ingredients

and requires the labels of all products

under its jurisdiction to convey

information that is useful to consumers,

including the common or usual names

of all ingredients used to make the food.

Under this proposal, sorbitol would

have to be listed in the ingredients

statements of cooked roast beef products

as well as in ingredients statements of

the other products in which it is already

permitted. This listing would provide

sufficient information to consumers

who are sensitive to sorbitol or who

have other reasons for selecting sorbitolfree products. Therefore, FSIS is

proposing to amend the chart of

approved substances in 9 CFR 318.7

(c)(4) to add the use of sorbitol both to

sweeten and to reduce charring in

cooked roast beef products at a level of

up to two percent of product

formulation.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed 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 required before parties may

file suit in court challenging this rule.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been

determined to be not significant and has

not been reviewed by the Office of

Management and Budget.

The Administrator has made an initial

determination that this proposed rule

would 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). The

proposed rule would permit the use of

sorbitol to sweeten and to reduce

charring in cooked roast beef products.

The sorbitol would be added to a

solution of ingredients that are pumped

into the beef prior to cooking. This

amendment would provide cooked roast

beef processors with an additional,

alternative substance that can be used to

sweeten their product while at the same

time to reduce charring that may occur

during the cooking process. The use of

sorbitol to sweeten and to reduce

charring in cooked roast beef products

would be voluntary. Small

manufacturers opting to use sorbitol for

these purposes would be required to

revise their product labels. Decisions by

individual manufacturers on whether to

do so would be based on their

conclusions that the benefits outweigh

the costs.

Paperwork Requirements

Abstract: FSIS has reviewed the

paperwork and recordkeeping

requirements in this proposed rule in

accordance with the Paperwork

Reduction Act. This rule would require

manufacturers opting to use sorbitol to

sweeten and to reduce charring in

cooked roast beef products to revise

their product labels and submit such

labeling to FSIS for approval.

Estimate of Burden: Establishments

would have to develop product labels in

accordance with the proposed rule. To

receive approval of the labels,

establishments would complete FSIS

Form 7234–1. FSIS program employees

would review FSIS Form 7234–1 to

ensure that information on the labels

complies with the regulations. FSIS

estimates that it would take 60 minutes

to design and develop modified product

labels in accordance with the proposed

regulation and 15 minutes to prepare

FSIS Form 7234–1 and submit it, along

with the label, to FSIS or to a label

expediter who would deliver the form

and label to FSIS.

Respondents: Meat establishments.

Estimated Number of Respondents:

315 meat establishments.

Estimated Number of Responses per

Respondent: FSIS estimates that each
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12119

establishment would modify about 2

product labels.

Estimated Total Annual Burden on

Respondents: 788 hours.

Copies of this information collection

assessment can be obtained from Lee

Puricelli, Paperwork Specialist, Food

Safety and Inspection Service, USDA,

Room 3812, South Agriculture Building,

Washington, DC 20250–3700.

Comments are invited on: (a) whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Agency,

including whether the information will

have practical utility; (b) the accuracy of

the Agency’s estimate of the burden of

the proposed collection of information

including the validity of the

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; (d) ways to minimize the

burden of the collection of information

on those who are to respond, including

through use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology.

Send comments to both Lee Puricelli,

Paperwork Specialist, at the address

provided above, and the Desk Officer for

Agriculture, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20253.

Comments are requested by May 13,

1997. To be most effective, comments

should be sent to OMB within 30 days

of the publication date of this proposed

rule.

List of Subjects in 9 CFR Part 318

Food additives, Meat inspection.

For the reasons discussed in the

preamble, FSIS is proposing to amend 9

CFR part 318 of the Federal meat

inspection regulations as follows:

PART 318—ENTRY INTO OFFICIAL

ESTABLISHMENTS; REINSPECTION

AND PREPARATION OF PRODUCTS

1. The authority citation for part 318

would be revised to read as follows:

Authority: 7 U.S.C. 138f, 450, 1901–1906;

21 U.S.C. 601–695; 7 CFR 2.18, 2.53.

2. Section 318.7(c)(4) would be

amended by adding to the chart of

substances, under the Class of

Substance ‘‘Flavoring agents; protectors

and developers,’’ the substance sorbitol

as follows:

§ 318.7 Approval of substances for use in

the preparation of products.

* * * * *

(c) * * *

(4) * * *

Class of substanceSubstance Purpose Products Amount

* * * * * * *

Flavoring agents;

protectors and

developers.

Sorbitol .. To flavor, to facilitate the removal of

casings from product, and to reduce caramelization and charring.

As provided in part 319 of this subchapter, cooked roast beef, cured

pork products, and cooked sausage labeled frankfurter, frank,

furter, wiener, and knockwurst.

Not to exceed 2 percent of the

weight of the formula, excluding

the formula weight of water or

ice, when used in accord-ance

with 21 CFR 184.1835.

* * * * * * *

Done at Washington, DC, on March 7,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–6447 Filed 3–13–97; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM–138, Notice No. SC–97–1–

NM]

Special Conditions: Jetstream Aircraft

Limited Model 4101 Airplane;

Continuous Power Reserve (CPR)

System

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This notice proposes special

conditions for the Jetstream Aircraft

Limited Model 4101 airplane. This

airplane will have a novel or unusual

design feature associated with

installation of the CPR system. This

notice contains the additional safety

standards that the Administrator

considers necessary to establish a level

of safety equivalent to that established

by the airworthiness standards of part

25 of the FAR.

DATES: Comments must be received on

or before April 28, 1997.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, Attention:

Rules Docket (ANM–7), Docket No.

NM–138, 1601 Lind Avenue SW,

Renton, Washington 98055–4056; or

delivered in duplicate to the Office of

the Assistant Chief Counsel at the above

address. Comments must be marked:

Docket No. NM–138. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, FAA,

Standardization Branch, ANM–113,

Transport Airplane Directorate, Aircraft

Certification Service, 1601 Lind Avenue

SW, Renton, Washington 98055–4056;

telephone 206–227–2148; fax 206–227–

1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of these

proposed special conditions by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket or notice number and

be submitted in duplicate to the address

specified above. All communications

received on or before the closing date

for comments will be considered by the

Administrator before futher rulemaking

action on this proposal is taken. The

proposals contained in this notice may

be changed in light of the comments

received. All comments received will be

available, both before and after the

closing date for comments, in the Rules

Docket for examination by interested

parties. A report summarizing each

substantive public contact with FAA

personnel concerning this rulemaking

will be filed in the docket. Commenters

wishing the FAA to acknowledge

receipt of their comments submitted in

response to this notice must include a

self-addressed, stamped postcard on

which the following statement is made: