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

35589

Vol. 61, No. 131

Monday, July 8, 1996

OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2634

RIN 3209–AA06

Public Financial Disclosure, Conflicts

of Interest, and Certificates of

Divestiture for Executive Branch

Officials; Correction

AGENCY: Office of Government Ethics

(OGE).

ACTION: Final rule; correction.

SUMMARY: This document corrects a

typographical error in one of the

amendatory instructions of the final rule

on executive branch certificates of

divestiture, which was published by

OGE in the Federal Register on

Tuesday, June 25, 1996 (61 FR 32633–

32636).

EFFECTIVE DATE: July 25, 1996.

FOR FURTHER INFORMATION CONTACT:

William E. Gressman, Office of

Government Ethics; telephone: 202–

208–8000, extension 1110; FAX: 202–

208–8000.

SUPPLEMENTARY INFORMATION: In the

above-noted final rule document

published by OGE, amendatory

instruction 2 inadvertently indicated

that it was revising portions of

paragraph (b) of § 2634.1002 of 5 CFR,

whereas in fact it was intended to revise

portions of paragraph (b) of § 2634.1001

of 5 CFR (amendatory instruction 3

revised portions of § 2634.1002). This

correction document corrects the error

in amendatory instruction 2.

Approved: July 2, 1996.

F. Gary Davis,

Deputy Director, Office of Government Ethics.

For the reasons set forth in the

preamble, the Office of Government

Ethics is correcting the June 25, 1996

publication of the final rule on Public

Financial Disclosure, Conflicts of

Interest, and Certificates of Divestiture

for Executive Branch Officials, which

was the subject of FR Doc. 96–15970, as

follows:

On page 32635, in the second column,

in the first line of amendatory

instruction 2, the reference to

‘‘§ 2634.1002’’ is corrected to read

‘‘§ 2634.1001’’.

[FR Doc. 96–17263 Filed 7–5–96; 8:45 am]

BILLING CODE 6345–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[DA–93–04]

Grading and Inspection, General

Specification for Approved Plants and

Standards for Grades of Dairy

Products; United States Standards for

Instant Nonfat Dry Milk

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document revises the

United States Standards for Instant

Nonfat Dry Milk. The revision limits the

use of lactose as a processing aid in the

instantizing process, provides

fortification levels for instant nonfat dry

milk with added vitamins A and D, and

deletes the optional phosphatase test.

This revision was developed in

cooperation with the American Dairy

Products Institute and other dairy trade

associations.

EFFECTIVE DATE: August 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Roland S. Golden, Dairy Products

Marketing Specialist, Dairy

Standardization Branch, USDA/AMS/

Dairy Division, Room 2750–S, P.O. Box

96456, Washington, DC 20090–6456,

(202) 720–7473.

SUPPLEMENTARY INFORMATION: This final

rule has been reviewed under Executive

Order 12778, Civil Justice Reform. This

action is not intended to have

retroactive effect. This rule does not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

The final rule also has been reviewed

in accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. The

Administrator, Agricultural Marketing

Service, has determined that the final

rule will not have a significant

economic impact on a substantial

number of small entities because use of

the standards is voluntary and the

revisions do not increase costs to those

utilizing the standards.

The Department is issuing this rule in

conformance with Executive Order

12866.

To provide quality grade standards

that reflect the ability of the U.S. dairy

industry to produce high-quality instant

nonfat dry milk, USDA is revising the

U.S. Standards for Instant Nonfat Dry

Milk as follows:

1. Restrict the Amount of Lactose Used

as a Processing Aid

The use of lactose as a processing aid

in the production of instant nonfat dry

milk is an acceptable practice provided

the amount used does not exceed the

amount necessary to produce the

desired effect. If more lactose than

necessary is added, the additional

lactose serves no purpose other than to

displace nonfat dry milk. The revision

permits the use of lactose as a

processing aid and restricts the amount

added to a maximum of 2.0 percent of

the weight of the nonfat dry milk.

2. Provide Fortification Levels for

Instant Nonfat Dry Milk With Added

Vitamins A and D

Previously, the U.S. Standards for

Instant Nonfat Dry Milk have not

provided fortification levels for product

with added vitamins A and D. This

revision incorporates fortification levels

that are consistent with the Food and

Drug Administration’s standards of

identity for nonfat dry milk fortified

with vitamins A and D (21 CFR

131.127).

3. Delete the Reference to the Optional

Phosphatase Test

Pasteurization destroys pathogenic

organisms and occurs when milk is

heated to pasteurization temperature

and held at that temperature for a

specified period of time. To be

considered pasteurized, the heating and

holding of milk must take place in

properly designed and installed

equipment which has been inspected

and sealed by the State Regulatory

Agency. Phosphatase testing confirms

only that a given sample of instant
35590 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

nonfat dry milk has been pasteurized

but does not ensure that pasteurization

has occurred for product manufactured

before and after the sample tested.

Before U.S. grade can be assigned to

instant nonfat dry milk, it must be

produced in a dairy plant which has

been inspected by USDA. When a USDA

dairy plant inspection is conducted, the

inspector evaluates the pasteurization

system for compliance with program

requirements.

The Department believes that the

inspection and sealing of pasteurization

equipment by the State Regulatory

Agency and a review of the system by

the USDA inspector provides adequate

assurance that the instant nonfat dry

milk has been properly pasteurized. For

this reason, the Department has deleted

the reference to the optional

phosphatase test that appears in 7 CFR

§ 58.2756. This action does not prohibit

using the phosphatase test upon request.

4. Update the Terminology and Format

of the Standards

The current U.S. Standards for Instant

Nonfat Dry Milk were last revised in

1984. Since that time, changes in

terminology and formatting of standards

have taken place. The revision updates

the standards to provide consistency

among the various U.S. grade standards.

USDA grade standards are voluntary

standards that are developed pursuant

to the Agricultural Marketing Act of

1946 (7 U.S.C. 1621 et seq.) to facilitate

the marketing process. Manufacturers of

dairy products are free to choose

whether or not to use these grade

standards. USDA grade standards for

dairy products have been developed to

identify the degree of quality in the

various products. Quality in general

refers to usefulness, desirability, and

value of the product—its marketability

as a commodity. When instant nonfat

dry milk is officially graded, the USDA

regulations and standards governing the

grading of manufactured or processed

dairy products are used. These

regulations also require a charge for the

grading service provided by USDA. The

Agency believes this revision accurately

identifies quality characteristics in

instant nonfat dry milk.

Corollary changes are also made for

the General Specifications for Dairy

Plants Approved for USDA Inspection

and Grading Service, to conform the

definition of instant nonfat dry milk set

forth therein with the revision of the

United States Standards for Instant

Nonfat Dry Milk.

Public Comments

On March 6, 1995, the Department

published a proposed rule (60 FR

12154) to revise the United States

Standards for Instant Nonfat Dry Milk.

The public comment period closed on

May 5, 1995. One institute representing

the dry milk industry submitted

comments.

Discussion of Comments

The commenter supported all of the

proposed changes except for the

lowering of the direct microscopic

clump (DMC) count from 75 to 40

million per gram. The commenter

suggested deletion of this requirement

from the standard and provided the

following comments in support of this

position.

1. The accuracy and reproducibility of

the DMC count results is unreliable.

2. A 0.1 milliliter sample of

reconstituted instant nonfat dry milk is

an extremely small sample to evaluate a

large volume of product.

3. Grade A milk is used to

manufacture most instant nonfat dry

milk produced in the United States. The

maximum allowable bacteria in Grade A

raw milk is less than the maximum

allowed in manufacturing grade milk.

The production of manufacturing grade

milk has decreased since the last

revision of this standard and provides

instant nonfat dry milk with lower DMC

counts. (This fact was submitted to

support the deletion of DMC count

requirements.)

4. Requirements for Grade A (the

designation of the National Conference

on Interstate Milk Shippers, not an

indication of USDA quality grade)

instant nonfat dry milk do not include

DMC count limits.

5. The Codex Alimentarius ‘‘Standard

for Whole Milk Powder, Partly

Skimmed Milk Powder and Skimmed

Milk Powder’’ does not provide DMC

count limits for product in international

trade.

The comments pertaining to the

accuracy, reproducibility, and small

sample size become increasingly valid

as DMC count limits are lowered. The

Department accepts these concerns and

elects not to lower the DMC count limits

at this time.

The Department disagrees with the

request for deletion of the DMC count

requirement. U.S. Grade Standards are

quality standards and differ from

standards developed by the National

Conference on Interstate Milk

Shipments and The Codex Alimentarius

Commission. The U.S. Standards for

Instant Nonfat Dry Milk will retain the

DMC count maximum requirement of 75

million per gram.

List of Subjects in 7 CFR Part 58

Dairy products, Food grades and

standards, Food labeling, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR Part 58 is amended as

follows:

PART 58—[AMENDED]

1. The authority citation for 7 CFR

Part 58 continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

2. In Part 58, § 58.205 paragraph (b) is

revised to read as follows:

§ 58.205 Meaning of words.

* * * * *

(b) Instant nonfat dry milk. Instant

nonfat dry milk is nonfat dry milk

which has been produced in such a

manner as to substantially improve its

dispersing and reconstitution

characteristics over that produced by

the conventional process. Instant nonfat

dry milk shall not contain dry

buttermilk, dry whey, or products other

than nonfat dry milk, except that lactose

may be added as a processing aid during

instantizing. The instant nonfat dry milk

shall not contain any added

preservatives, neutralizing agent, or

other chemical. If lactose is used, the

amount of lactose shall be the minimum

required to produce the desired effect,

but in no case shall the amount exceed

2.0 percent of the weight of the nonfat

dry milk. If instant nonfat dry milk is

fortified with vitamin A, and the

product is reconstituted in accordance

with the label directions, each quart of

the reconstituted product shall contain

2000 International Units thereof. If

instant nonfat dry milk is fortified with

vitamin D, and the product is

reconstituted in accordance with the

label directions, each quart of the

reconstituted product shall contain 400

International Units thereof.

* * * * *

3. In Part 58, subpart U is revised to

read as follows:

Subpart U—United States Standards for

Instant Nonfat Dry Milk

Definitions

Sec.

58.2750 Instant nonfat dry milk.

U.S. Grade

58.2751 Nomenclature of the U.S. grade.

58.2752 Basis for determination of the U.S.

grade.

58.2753 Specifications for the U.S. grade.

58.2754 U.S. grade not assignable.

58.2756 Test methods.

Explanation of Terms

58.2759 Explanation of terms.
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations 35591

1Compliance with these standards does not

excuse failure to comply with the provisions of the

Federal Food, Drug, and Cosmetic Act.

Subpart U—United States Standards

for Instant Nonfat Dry Milk 1

Definitions

§ 58.2750 Instant nonfat dry milk.

(a) Instant nonfat dry milk is nonfat

dry milk which has been produced in

such a manner as to substantially

improve its dispersing and

reconstitution characteristics over that

produced by the conventional

processes. Instant nonfat dry milk

covered by these standards shall not

contain dry buttermilk, dry whey, or

products other than nonfat dry milk,

except that lactose may be added as a

processing aid during instantizing. The

instant nonfat dry milk shall not contain

any added preservatives, neutralizing

agent, or other chemical. If lactose is

used, the amount of lactose shall be the

minimum required to produce the

desired effect, but in no case shall the

amount exceed 2.0 percent of the weight

of the nonfat dry milk. If instant nonfat

dry milk is fortified with vitamin A, and

the product is reconstituted in

accordance with the label directions,

each quart of the reconstituted product

shall contain 2000 International Units

thereof. If instant nonfat dry milk is

fortified with vitamin D, and the

product is reconstituted in accordance

with the label directions, each quart of

the reconstituted product shall contain

400 International Units thereof.

(b) ‘‘Nonfat dry milk’’ is the product

obtained by the removal of only water

from pasteurized skim milk. It contains

not more than 5 percent by weight of

moisture and not more than 11⁄2 percent

by weight of milkfat and it conforms to

the applicable provisions or 21 CFR 131

‘‘Milk and Cream’’ as issued by the Food

and Drug Administration. Nonfat dry

milk shall not contain nor be derived

from dry buttermilk, dry whey, or

products other than skim milk, and

shall not contain any added

preservative, neutralizing agent, or other

chemical.

U.S. Grade

§ 58.2751 Nomenclature of the U.S. grade.

The nomenclature of the U.S. grade is

U.S. Extra.

§ 58.2752 Basis for determination of the

U.S. grade.

The U.S. grade of instant nonfat dry

milk is determined on the basis of

flavor, physical appearance, bacterial

estimate on the basis of standard plate

count and coliform count, milkfat

content, moisture content, scorched

particle content, solubility index,

titratable acidity, and dispersibility.

§ 58.2753 Specifications for the U.S. grade.

(a) U.S. Extra Grade. U.S. Extra Grade

instant nonfat dry milk shall conform to

the following requirements (See Tables

I, II, and III of this section):

(1) Flavor. Reconstituted instant

nonfat dry milk shall possess a sweet,

pleasing, and desirable flavor, but may

possess the following flavors to a slight

degree: Chalky, cooked, feed, or flat. See

Table I of this section.

(2) Physical appearance. Instant

nonfat dry milk shall possess a uniform

white to light cream natural color. It

shall be reasonably free-flowing and free

from lumps except those that readily

break up with very slight pressure. See

Table II of this section.

(3) Bacterial estimate. Not more than

30,000 per gram standard plate count.

See Table III of this section.

(4) Coliform count. Not more than 10

per gram. See Table III of this section.

(5) Milkfat content. Not more than

1.25 percent. See Table III of this

section.

(6) Moisture content. Not more than

4.5 percent. See Table III of this section.

(7) Scorched particle content. Not

more than 15.0 mg. See Table III of this

section.

(8) Solubility index. Not more than 1.0

ml. See Table III of this section.

(9) Titratable acidity. Not more than

0.15 percent (lactic acid). See Table III

of this section.

(10) Dispersibility. Not less than 85.0

percent. See Table III of this section.

(b) [Reserved]

TABLE I OF § 58.2753—

CLASSIFICATION OF FLAVOR

Flavor characteristics U.S. extra

grade

Chalky ........................................... Slight.

Cooked ......................................... Slight.

Feed .............................................. Slight.

Flat ................................................ Slight.

TABLE II OF § 58.2753—CLASSIFICATION OF PHYSICAL APPEARANCE

Physical appearance characteristics U.S. extra grade

Color .................................. White to light

cream.

Free flowing ....................... Reasonably.

Lumpy ................................ Very slight

pressure.

TABLE III OF § 58.2753—CLASSIFICATION ACCORDING TO LABORATORY

ANALYSIS

Laboratory tests

U.S.

extra

grade

Bacterial estimate; Standard plate

count; per gram (max) .............. 30,000

Coliform count; per gram (max) ... 10

Milkfat content; percent (max) ...... 1.25

Moisture content; percent (max) ... 4.5

Scorched particle content; mg

(max) ......................................... 15.0

Solubility index; ml (max) ............. 1.0

Titratable acidity (lactic acid); percent (max) ................................. 0.15

Dispersibility; percent (min) .......... 85.0

§ 58.2754 U.S. grade not assignable.

Instant nonfat dry milk shall not be

assigned the U.S. grade for one or more

of the following reasons:

(a) The instant nonfat dry milk fails to

meet the requirements for U.S. Extra

Grade.

(b) The instant nonfat dry milk has a

direct microscopic clump (DMC) count

exceeding 75 million per gram.

(c) The instant nonfat dry milk is

produced in a plant that is rated

ineligible for USDA grading service or is

not USDA-approved.

§ 58.2756 Test methods.

All required tests shall be performed

in accordance with DA Instruction No.

918–RL, ‘‘Instruction for Resident

Grading Quality Control Service

Programs and Laboratory Analysis,’’

Dairy Grading Branch, Dairy Division,

Agricultural Marketing Service, U.S.

Department of Agriculture, Washington,

DC 20090–6456; the latest revision of

‘‘Official Methods of Analysis of the

Association of Official Analytical

Chemists’’; or the latest edition of

‘‘Standard Methods for the Examination

of Dairy Products’’ available from the

American Public Health Association,

1015 Fifteenth Street, NW, Washington,

DC 20005.

Explanation of Terms

§ 58.2759 Explanation of terms.

(a) With respect to flavor:

(1) Slight. Detected only upon critical

examination.

(2) Chalky. A tactual type of flavor

lacking in characteristic milk flavor.

(3) Cooked. Similar to a custard flavor

and imparts a smooth aftertaste.

(4) Feed. Feed flavors (such as alfalfa,

sweet clover, silage, or similar feed) in

milk carried through into the instant

nonfat dry milk.

(5) Flat. Insipid, practically devoid of

any characteristic reconstituted instant

nonfat dry milk flavor.
35592 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Rules and Regulations

(b) With respect to physical

appearance:

(1) Reasonably free-flowing. Pours in

a fairly constant, uniform stream from

the open end of a tilted container or

scoop.

(2) Very slight pressure. Lumps fall

apart with only light touch.

(3) Lumpy. Loss of powdery

consistency but not caked into hard

chunks.

(4) Natural color. A color that is white

to light cream.

Dated: June 28, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–17200 Filed 7–5–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 958

[FV96–958–1FR]

Onions Grown in Certain Designated

Counties in Idaho, and Malheur

County, Oregon, and Imported Onions;

Modification of Size Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule changes the

‘‘repacker/prepacker’’ size designations

for all varieties of onions except white

or red varieties by increasing the

minimum diameter from 11⁄2 inches to

13⁄4 inches, and the maximum diameter

from 21⁄2 inches to 23⁄4 inches for onions

in this size category. Recent trends in

buyer preference reflect an increasing

demand for larger size onions in the

‘‘repacker/prepacker’’ category. This

final rule will benefit producers and

handlers by increasing their flexibility

and efficiency in the packaging of

‘‘repacker/prepacker’’ size onions. As

provided under section 8e of the

Agricultural Marketing Agreement Act

of 1937, the change to the minimum size

requirement also applies to all imported

onions except white or red varieties.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone:

(503)326–2724; FAX: (503)326–7440; or

Robert F. Matthews, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2523, South Building, P.O. Box 96456,

Washington, D.C. 20090–6456;

telephone: (202)690–0464; FAX:

(202)720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 130 and Marketing

Order No. 958 (7 CFR Part 958), both as

amended, regulating the handling of

onions grown in certain designated

counties in Idaho and Malheur County,

Oregon. The marketing agreement and

marketing order are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the Act.

This final rule, which also affects the

minimum size requirements for all

varieties of imported onions, except

white or red varieties, is also issued

pursuant to section 8e of the Act. The

provisions of section 8e and the onion

import regulations are discussed later in

this final rule.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

final rule will not preempt any State or

local laws, regulations, or policies,

unless they present an irreconcilable

conflict with this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

There are no administrative

proceedings which must be exhausted

prior to any judicial challenge to the

provisions of import regulations issued

under section 8e of the act.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

Import regulations issued under the

Act are based on those established

under Federal marketing orders which

regulate the handling of domestically

produced products. Thus, this final rule

should have small entity orientation,

and impact both small and large

business entities in a manner

comparable to those issued under

marketing orders.

There are currently 34 handlers

subject to regulation under the

marketing order and approximately 550

onion producers in the regulated

production area. In addition, at least 148

importers of onions are subject to

import regulations and will be affected

by this final rule. Small agricultural

service firms have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those whose annual receipts are less

than $500,000. The majority of handlers

and producers of Idaho-Eastern Oregon

onions may be classified as small

entities. The majority of importers may

also be classified as small entities.

This final rule changes the ‘‘repacker/

prepacker’’ size designations for all

varieties of onions except white or red

varieties by increasing the minimum

diameter from 11⁄2 inches to 13⁄4 inches,

and the maximum diameter from 21⁄2

inches to 23⁄4 inches for onions in this

size category. Recent trends in buyer

preference reflect an increasing demand

for larger size onions in the ‘‘repacker/

prepacker’’ category. This final rule will

benefit producers and handlers by

allowing them to better meet the needs

of their customers, who desire slightly

larger ‘‘repacker/prepacker’’ size onions.

As provided under section 8e of the

Act, the change to the minimum size

requirement also applies to all imported

onions except white or red varieties.

The benefits to producers and handlers

should apply also to importers. The

slight increase in minimum size is

expected also to benefit importers by

recognizing recent trends in buyer

preference for larger size onions.

Because this rule is expected to

benefit and have a positive impact on

producers, handlers, importers, and

consumers of onions, the AMS has

determined that the issuance of this

final rule will not have a significant