66482 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations

1Results of the in-plant trial for FAST are

available for review in the Office of the FSIS Docket

Clerk, Room 4352, South Agriculture Building,

Food Safety and Inspection Service, U.S.

Department of Agriculture, Washington, DC 20250.

(2) Economic Research Service

(3) Extension Service

(4) Federal Corp Insurance Corporation

(5) Food and Consumer Service

(6) Food Safety and Inspection Service

(7) Foreign Agricultural Service

(8) Grain Inspection, Packers and

Stockyards Administration

(9) National Agricultural Library

(10) National Agricultural Statistics

Service

(11) Office of the General Counsel

(12) Office of the Inspector General

Done in Washington, DC, this 8th day of

December, 1995.

Dan Glickman,

Secretary of Agriculture.

FR Doc. 95–30674 Filed 12–21–95; 8:45 am]

BILLING CODE 3410–01–M

Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 95–048DF]

RIN 0583–AC03

Use of the Fast Antimicrobial Screen

Test for Bob Veal Calves

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 the Fast

Antimicrobial Screen Test (FAST) in its

bob veal calf residue testing program.

Under FSIS’ residue testing program,

carcasses of bob veal calves are subject

to specific regulatory requirements for

residue testing by FSIS inspectors to

assure that adulterated meat does not

enter human food channels. Until

recently, the Calf Antibiotic and

Sulfonamide Test (CAST) was the only

official test authorized for use in the bob

veal calf residue testing program. FSIS

has now developed FAST, which is an

enhanced and equally effective version

of CAST that provides results after 6

hours of incubation, compared to 18–24

hours of incubation for CAST. This

action will permit the use of FAST in

lieu of CAST under FSIS’ bob veal calf

residue testing program.

DATES: This rule will be effective on

February 20, 1996, unless we receive

written adverse comments or written

notice of intent to submit adverse

comments on or before January 22,

1996. If FSIS receives adverse comments

or notice of intent to submit adverse

comments, FSIS will withdraw this rule

and publish a proposed rule for public

comment.

ADDRESSES: Send an original and two

copies of written comments to: FSIS

Docket Clerk, Docket #95–048DF, Room

4352, South Agriculture Building, Food

Safety and Inspection Service, U.S.

Department of Agriculture, Washington,

DC 20250.

SUPPLEMENTARY INFORMATION:

Background

In June 1984, as a result of findings of

increased levels of sulfonamide and

antibiotic residues in young calves, FSIS

promulgated an interim rule (49 FR

23602; affirmed 50 FR 32162) that

amended the Federal meat inspection

regulations (9 CFR parts 309, 310 and

318) by establishing an intensified

residue testing program for bob veal

calves (calves up to 3 weeks in age or

150 pounds in weight). FSIS was

concerned with findings of increased

levels of sulfonamide and antibiotic

residues in young calves, and undertook

an emergency rulemaking to decrease

the likelihood that adulterated meat

would enter into human food channels.

FSIS determined that carcasses and

parts thereof from bob veal calves are

adulterated under the Federal Meat

Inspection Act if they bear or contain

sulfonamide or antibiotic residues other

than in accordance with tolerances

established by the Food and Drug

Administration.

In the interim rule, FSIS stated that

CAST, a swab bioassay test, would be

the official test used to screen carcasses

of bob veal calves. In trial testing, FSIS

had found CAST to be extremely

reliable in detecting violative levels of

antibiotics and sulfonamides in animal

tissues.

FSIS has recently developed a new

test that, like CAST, is designed to

detect the presence of sulfonamide and

antibiotic residues in animal tissues.

FAST is similar to and is performed in

a similar manner to CAST. The major

advantage of FAST is that test results

can be obtained in 6 hours, instead of

the 18–24 hour period required for

CAST. FSIS’ in-plant trial testing of

FAST has shown that FAST is

equivalent to CAST in detecting

sulfonamide and antibiotic residues in

animal tissues.1

Therefore, FSIS is amending § 310.21

to add FAST as an alternative to CAST

for use by inspectors in testing carcasses

and parts of bob veal calves for

sulfonamide and antibiotic residues.

Effective Date

This rule is being published without

a prior proposal because this action is

viewed as noncontroversial, and FSIS

does not anticipate any adverse public

comments will be received. This rule

will be effective 60 days after the date

of publication in the Federal Register

unless FSIS receives written adverse

comments or written notice of intent to

submit adverse comments within 30

days of the date of publication of this

rule in the Federal Register.

If FSIS receives adverse comments or

notice of intent to submit adverse

comments, FSIS will withdraw this rule

and publish a proposed rule for public

comment.

If no adverse comments are received,

FSIS will publish a notice in the

Federal Register confirming that the

rule is effective on the date indicated.

Executive Order 12866

This rule is considered not significant

and therefore has not been reviewed by

the Office of Management and Budget.

Effect on Small Entities

The Administrator, FSIS, has

determined that this rule will not have

a significant impact on a substantial

number of small entities. The rule

permits the use of an alternate test,

which can provide results in less than

half the time than the original test.

Carcasses that test negative could be

released on the day of slaughter, which

will modestly benefit the meat industry.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule (1) preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

List of Subjects in 9 CFR part 310

Meat inspection, Residue testing.

For the reasons discussed in the

preamble, FSIS is amending part 310 of

the Federal meat inspection regulations

(9 CFR Part 310) as follows:

PART 310—[AMENDED]

1. The authority citation for part 310

continues to read as follows:

Authority: 21 U.S.C. 601–695; 7 CFR 2.17,

2.55.

2. The introductory text and footnote

to paragraph (c) of § 310.21 are revised

to read as follows:
Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations 66483

1The procedures for performing the swab

bioassay test are set forth in one of two selfinstructional guides: ‘‘Performing the CAST’’ or

‘‘Fast Antimicrobial Screen Test.’’ These guides are

available for review in the office of the FSIS Docket

Clerk, Room 4352 South, Food Safety and

Inspection Service, U.S. Department of Agriculture,

Washington, DC 20250.

1Section 21A(c)(17)(C) of the FHLBA provides,

inter alia, that the FDIC shall carry out any

remaining authority and responsibilities of the RTC

‘‘under this subsection.’’ 12 U.S.C. 1441a(c)(17)(C).

Moreover, section 40(n)(4) of the Federal Deposit

Insurance Act provides that the FDIC shall carry out

the remaining responsibilities and authority of the

RTC as set forth in section 1441a(c) of title 12. 12

U.S.C. 1831q(n)(4).

§ 310.21 Carcasses suspected of

containing sulfa and antibiotic residues;

sampling frequency; disposition of affected

carcasses and parts.

* * * * *

(c) * * * The inspector shall perform

a swab bioassay test 1 on:

* * * * *

Done at Washington, DC, on: December 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–31017 Filed 12–21–95; 8:45 am]

BILLING CODE 3410–DM–P

9 CFR Part 318

[Docket No. 95–035F]

RIN 0583–AB96

Potassium Hydroxide as a Hog Scald

Agent

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Affirmation of effective date.

SUMMARY: On October 23, 1995, the

Food Safety and Inspection Service

(FSIS) published a direct final rule,

‘‘Potassium Hydroxide as a Hog Scald

Agent.’’ This direct final rule allows the

use of potassium hydroxide in hog scald

and hair removal processes. No adverse

comments were received in response to

the direct final rule. Therefore, this rule

is effective on December 22, 1995.

EFFECTIVE DATES: December 22, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Paula M. Cohen, Director, Regulations

Development, Policy, Evaluation and

Planning Staff, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700; (202) 720–7164.

SUPPLEMENTARY INFORMATION: This

notice affirms the effective date of the

direct final rule, ‘‘Potassium Hydroxide

as a Hog Scald Agent,’’ that was

published on October 23, 1995, at 60 FR

54295. This direct final rule allows the

use of potassium hydroxide in hog scald

and hair removal processes. FSIS did

not receive any written adverse

comments or written notice of intent to

submit adverse comments in response to

this rule. Therefore, the effective date of

the rule is December 22, 1995.

Done at Washington, DC, on: December 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–31018 Filed 12–21–95; 8:45 am]

BILLING CODE 3410–DM–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Chapter III

RESOLUTION TRUST CORPORATION

12 CFR Chapter XVI

Effectiveness of RTC Regulations After

RTC Termination

AGENCIES: Federal Deposit Insurance

Corporation and Resolution Trust

Corporation.

ACTION: Joint notification of status of

regulations.

SUMMARY: The Resolution Trust

Corporation (RTC) and the Federal

Deposit Insurance Corporation (FDIC)

are issuing this joint document to

inform the public regarding the

effectiveness of the RTC’s regulations

after RTC termination. In accordance

with the Federal Home Loan Bank Act,

the RTC will terminate on December 31,

1995, and the FDIC will succeed the

RTC as receiver for any remaining RTC

receiverships and will be responsible for

managing any remaining assets and

liabilities of the RTC transferred to the

FSLIC Resolution Fund. Congress did

not include any provision transferring

the RTC’s regulations to the FDIC. The

two corporations have considered these

issues and are publishing this document

to inform the public that, when the

FDIC assumes responsibility for the

RTC’s functions at termination, the

RTC’s regulations generally will not

govern the FDIC’s performance of these

functions for occurrences that arise

post-termination, and that the FDIC’s

regulatory scheme generally will govern

former RTC activities on a prospective

basis.

EFFECTIVE DATE: December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Jamey Basham, Counsel, Legal Division,

Federal Deposit Insurance Corporation,

550 17th Street NW., Washington, DC

20429, (202) 898–7265, or Karen L.

Main, Senior Attorney, Legal Division,

Resolution Trust Corporation, 1717 H

Street NW., Washington, DC 20006,

(202) 736–3096.

SUPPLEMENTARY INFORMATION:

A. General Rule

Section 21A(m)(1) of the Federal

Home Loan Bank Act (FHLBA), 12

U.S.C. 1441a(m)(1), provides that the

RTC will terminate on December 31,

1995. At that time, the FDIC shall

succeed the RTC as receiver of any

remaining RTC receiverships. Id. In

addition, the FDIC will be responsible

for managing any remaining RTC assets

and liabilities, all of which are

transferred to the FSLIC Resolution

Fund. Section 21A(m)(2) of the FHLBA,

12 U.S.C. 1441a(m)(2). However,

Congress did not include provisions

transferring the RTC’s regulations, 12

CFR Chapter XVI, to the FDIC. In similar

situations when Congress has intended

an agency’s rules to survive transfer of

its functions to a successor, Congress

expressly so provided by statute.

Therefore, after the RTC terminates on

December 31, 1995 and its functions are

transferred to the FDIC, the RTC’s

regulations generally will not govern the

FDIC’s performance of such functions in

dealing with occurrences that arise posttermination. When the FDIC assumes

responsibility from the RTC for such

functions, the FDIC’s regulations

generally will govern matters arising on

a prospective basis.

However, the termination of the RTC

in and of itself does not affect rights or

obligations of the RTC or third parties

that have arisen under the RTC’s

regulations as a result of factual

occurrences prior to the RTC’s

termination. The legal consequences of

pre-termination conduct governed by

the RTC’s regulations will continue to

be determined under such regulations.

B. The RTC’s Affordable Housing

Disposition Program

In contrast, the RTC’s affordable

housing disposition program (AHDP)

regulations at 12 CFR part 1609 will

continue to govern the sale of the

remaining RTC AHDP inventory and

other related responsibilities assumed

by the FDIC even after the RTC

termination date. Since Congress has

directed the FDIC to carry out such

functions under the provisions of the

RTC AHDP statute, section 21A(c) of the

FHLBA, 12 U.S.C. 1441a(c),1 the RTC’s

AHDP regulations which refine and