[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25670]


[[Page Unknown]]

[Federal Register: October 18, 1994]


      
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Part III





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 52




United States Standards for Grades of Tomato Sauce; Final Rule




DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[FV-92-326]

 
United States Standards for Grades of Tomato Sauce

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: In response to a petition from the Indiana Food Processors 
Association, Incorporated (IFPA), now part of Mid-America Food 
Processors Association, and petitions from Escalon Packers, 
Incorporated, and Heinz, U.S.A., the Agricultural Marketing Service 
(AMS) has revised the United States Standards for Grades of Tomato 
Sauce. The final rule will change the U.S. grade standards for tomato 
sauce by: changing the product description to include the provision 
allowing tomato sauce to be made from tomato paste; redesignating the 
quality level for ``U.S. Grade C'' as ``U.S. Grade B,'' redefining good 
consistency in U.S. Grade A and redefining reasonably good consistency 
in U.S. Grade B; replacing dual grade nomenclature with single letter 
grade designations; providing for the use of other USDA approved 
methods or devices to determine the color of tomato sauce; objectively 
defining the quality factor for ``defects''; removing Sec. 52.2381, 
Score sheet for tomato sauce; and making minor editorial changes.

EFFECTIVE DATE: November 17, 1994.

FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed 
Products Branch, Fruit and Vegetable Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Room 0709, South Building, 
P.O. Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: This rule is exempt from Executive Order 
12866 review.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act, Public Law 96-354 (5 U.S.C. 601 et seq.), the 
Administrator, Agricultural Marketing Service, has certified that this 
action will not have a significant economic impact on a substantial 
number of small entities. It will not result in an annual effect on the 
economy of $100 million or more. There will be no major increase in 
cost or prices for consumers; individual industries, Federal, State, or 
local government agencies; or geographic regions. It will not result in 
significant effects on competition, employment, investments, 
productivity, innovations, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic or 
export markets. In addition, under the Agricultural Marketing Act of 
1946, the use of these standards is voluntary. A small entity may avoid 
incurring any additional economic impact by not employing the 
standards.
    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. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.
    Agencies periodically review existing regulations. An objective of 
the regulatory review is to ensure that the grade standards are serving 
their intended purpose, the language is clear, and the standards are 
consistent with AMS policy and authority.
    The United States Department of Agriculture (USDA) received a 
petition from the Indiana Food Processors Association, Incorporated 
(IFPA) now part of Mid-America Food Processors Association, requesting 
that the U.S. grade standards for tomato sauce be revised. IFPA wanted 
the grade standards to reflect newer tomato varieties, harvesting and 
processing techniques, and procedures leading to improvements in the 
quality of tomato sauce. Escalon Packers, Incorporated (Escalon, 
California), and Heinz, U.S.A. (Pittsburgh, Pennsylvania) requested 
similar changes in the grade standards.
    Tomatoes used for processing were large core tomato varieties when 
the currently effective U.S. grade standards were last amended (October 
1960). The large core tomato varieties were slightly higher in natural 
tomato solids (solids largely made up of soluble sugars, fruit acids, 
and mineral salts), but lacked the consistency found in recently 
developed coreless tomatoes.
    Since these grade standards were last revised, it has become a 
common practice to manufacture tomato sauce from tomato paste as well 
as directly from tomatoes for processing. USDA has changed the product 
description for tomato sauce to include provisions for both processing 
practices.
    The quality levels in the current grade standards are designated as 
``U.S. Grade A'' and ``U.S. Grade C.'' Most other U.S. grade standards 
with two quality levels, such as tomato juice, are designated as ``U.S. 
Grade A'' and ``U.S. Grade B.'' This revision will change the grade 
designation of ``U.S. Grade C'' to ``U.S. Grade B'' in the grade 
standards for tomato sauce.
    IFPA stated in their petition that over the last ten years, new 
manufacturing techniques and procedures and new hybrid tomato varieties 
have provided processors the ability to produce tomato sauce with a 
higher consistency (resistance of a fluid to deformation i.e., apparent 
viscosity). In the marketplace, consumers have indicated a purchasing 
preference for higher consistency tomato sauce. IFPA believed that U.S. 
Grade A should include the higher consistency requirements that 
consumers prefer. In their petition, they specified what those 
requirements for consistency should be.
    Although the consistency of tomato sauce is affected by the mix of 
ingredients permitted in the product, it is known that texture and 
consistency of the tomatoes, as a principle ingredient, have improved 
the quality characteristics of tomato sauce.
    Presently, tomato sauce consistency is based on Bostwick 
consistometer readings which measure the distance a specific volume of 
tomato sauce flows on the level plane of the consistometer. And 
consistency represents the resistance of the sauce to flow and the 
tendency of the liquid portion to separate from the insoluble solids 
portion. Low consistency sauce flows farther than high consistency 
sauce. Score points are assigned according to the consistometer 
readings, expressed in centimeters, and the measurement of apparent 
free liquid.
    The USDA agrees that the quality of tomato sauce will be correctly 
represented if higher consistency or ``thicker'' sauce is assigned a 
higher score and lower consistency or ``thinner'' sauce is assigned a 
lower score when consumer preference for thicker sauce prevails in the 
marketplace.
    In the current grade standards the minimum requirements (maximum 
flow limits) for consistency in U.S. Grade A and U.S. Grade C are 14 
centimeters and 18 centimeters respectively, measured by the Bostwick 
consistometer. IFPA recommended these values be reduced to 11 
centimeters for Grade A and 15 centimeters for U.S. Grade C. Others 
have indicated that the range for U.S. Grade A should be 12 centimeters 
or less.
    Heinz, U.S.A., a major food service distributor of tomato sauce, 
also petitioned for changing the consistency range for tomato sauce 
from the 8 to 14 centimeter range, citing that current grade standards 
do not reflect the higher consistency ranges attainable through tomato 
genetics and development of newer varieties. They requested a range of 
4 to 10 centimeters for U.S. Grade A for food service use, and a range 
of more than 10 to not more than 15 centimeters for U.S. Grade C (which 
is now designated as Grade B). Escalon Packers, Incorporated 
recommended similar ranges. USDA proposed a consistency range of 4.0 
centimeters to 12.0 centimeters for U.S. Grade A tomato sauce, and a 
range for U.S. Grade B of less than 4.0 centimeters but not less than 
3.0 centimeters or more than 12.0 centimeters but not more than 15.0 
centimeters. The higher consistency (lower centimeter value) tomato 
sauce will receive the higher score points in U.S. Grade A. The 
consistency ranges for both U.S. Grade A and U.S. Grade B were 
determined based on the consistency range of tomato sauce currently 
available in the marketplace, review of purchasing specifications, and 
review of industry processing practices. These revised consistency 
ranges for the two grades in the U.S. grade standards reflect current 
processing and marketing practices and represent quality levels that 
can be produced from the use of newer varieties of processing tomatoes.
    In addition to the recommendations submitted by IFPA, this final 
rule replaces dual grade nomenclature with single letter designations. 
Under this revision, ``U.S. Grade A'' (or ``U.S. Fancy'') and ``U.S. 
Grade C'' (or ``U.S. Standard'') will become ``U.S. Grade A'' and 
``U.S. Grade B'', respectively.
    This revision also provides for the use of other methods or devices 
other than Munsell color discs to determine color. These methods or 
devices must be approved by USDA and must give results equivalent to 
the assigned combinations of Munsell color discs for the respective 
grades.
    Some members of the tomato sauce industry recommended that USDA 
provide a more objective method to evaluate ``defects'' in tomato 
sauce. In response, USDA set specific tolerances for peel, dark brown 
and black specks, and whole seeds based on 100 grams (3.5 oz) spread 
over a specified area of at least 968 square centimeters (150 sq in).
    Also, this final rule will remove Sec. 52.2381, ``Score sheet for 
tomato sauce'', from the U.S. grade standards. Reformatting or amending 
the tomato sauce score sheet is a time consuming process that can be 
facilitated by editing the score sheet as a document not incorporated 
in the grade standards. This change is consistent with the format for 
recently revised grade standards.
    This revision includes minor editorial changes and provides a 
uniform format consistent with recent revisions of other U.S. grade 
standards. In addition, this format has been designed to provide 
industry personnel and agricultural commodity graders with simpler and 
more comprehensive standards.
    Definitions of terms and easy-to-read tables have been incorporated 
to assure a better understanding and uniform application of the 
standards.

Proposed Rule

    The proposal to revise the U.S. Standards for Grades of Tomato 
Sauce was published in the Federal Register on September 7, 1993 (58 FR 
47071) with a sixty-day comment period. The comment period closed on 
November 8, 1993. There were no public comments received during the 
comment period. However, USDA received a comment from Stanislaus Food 
Products, Modesto, California, after the comment period closed.
    Stanislaus is a major producer and distributor of tomato sauce and 
other tomato products produced directly from fresh tomatoes. In their 
comment, which has been included in the public record, the company 
urged, in the interest of accurate labeling of all finished tomato 
products, that AMS either exclude from the standard tomato sauce made 
from tomato concentrate or require such product be prominently labeled 
as made from tomato concentrate.
    In support of this view, Stanislaus described differences in 
manufacturing processes. Stanislaus also stated in making sauce from 
paste and from slightly concentrated tomatoes that ``AMS itself 
recognizes the quality differences between traditional and 
`remanufactured' tomato products.'' The company cited AMS exclusion of 
``remanufactured'' products from the AMS October 1992 invitation to buy 
concentrated crushed tomatoes for use in the Child Nutrition (CN) 
Program (Invitation FV-982, No. 31) as evidence to support their view.
    Stanislaus also stated that remanufactured tomato sauce cannot be 
graded under the existing AMS grade standards indicating that the 
current standards were drafted by USDA before the advent of 
``remanufacturing.''
    AMS does not find the arguments of Stanislaus Food Products 
persuasive. The quality requirements in the 1992 AMS solicitation were 
amended shortly after the initial announcement, (Amendment No. 2) to 
Invitation No. 31, to allow bids for concentrated crushed tomatoes made 
from tomato concentrate if certain criteria were met. While Stanislaus 
is correct in stating that when the current grade standards were 
promulgated tomato sauce was rarely made from tomato concentrates, and 
that the product description in the current grade standards does not 
include the manufacture of sauce from paste, Stanislaus fails to 
acknowledge that it has been common industry practice for more than 
twenty years to manufacture tomato sauce from tomato concentrate. There 
are, moreover, distinct advantages to allowing the grade standards to 
include sauce made from paste. These include, as Stanislaus notes, 
economic benefits in storing and shipping tomato concentrates for 
production of tomato sauce as compared to storing and shipping diluted 
tomato products or tomato sauce made from slightly concentrated 
tomatoes.
    USDA believes that consumers, by reading the ingredients statement 
on the label, can differentiate remanufactured tomato sauce from tomato 
sauce made directly from tomatoes. When tomato sauce is remanufactured 
from tomato concentrates, the ingredient statement must include 
language similar to: ``Ingredients: Tomato concentrate (water, and 
tomato paste), salt, onion powder, garlic powder, citric acid, and 
natural flavors, etc.'' If the tomato sauce is made directly from 
tomatoes, the ingredient statement must include language similar to: 
``Ingredients: tomatoes, salt, dehydrated onions, dehydrated garlic, 
spices, and natural flavorings, etc.''
    USDA further believes that, to the extent there is an interest in 
requiring especially prominent labeling of tomato sauce as made from 
fresh tomatoes or concentrate, the proper regulatory medium would be 
the Standards of Identity for tomato products or changes in the 
labeling regulations promulgated by the Food And Drug Administration 
(FDA). USDA is aware that FDA received a petition (Docket No. 90P-0430) 
to modify existing FDA labeling regulations to address products made 
from ``remanufactured ingredients.'' FDA has stated in the public 
record (58 FR 2406) that some of the issues discussed in the petition 
concerning remanufactured ingredients are undergoing FDA review and 
indicated it plans to take appropriate action.
    Based on the foregoing considerations, USDA has concluded that to 
exclude from the grade standards tomato sauce made from remanufactured 
ingredients would be an inappropriate use of the grade standards which 
could impede the marketing of tomato sauce and other tomato products, 
raising costs to consumers while providing few, if any, offsetting 
benefits.
    A copy of the proposed rule was provided to the Agricultural 
Research Service (ARS) for help in identifying studies, monographs, 
data collection or other information relevant to the possible effect of 
the proposed revision on pesticide use. ARS reported they were not 
aware of any published material specifically relevant to the effects of 
pesticides on the ``cosmetic appearance'' of tomatoes. ARS did note, 
``however, pesticide-treated fruit are likely to be generally more 
blemish-free than tomatoes not treated with pesticides.'' ARS attached 
research information on the effects of pesticides on carotenes in 
squash and carrots suggesting that these results may be applicable to 
tomato (although ARS was unaware of specific similar research for 
tomatoes). The literature indicated that soil fumigants Telone or 
Nemagone increased the carotene content of carrots.
    The carotene contents of Danvers and Chantenay carrots grown in 
soil treated with herbicides Linuron or CIPC and that of Butternut 
squash grown in soil treated with Amiben and Dinoseb were significantly 
higher than the carotene content of control vegetables. Herbicide 
treatment did not affect the carotene content of Hubbard squash or that 
of two spinach varieties (Sweeney and Marsh, 1971).
    ARS further stated that the characteristics of the tomato fruit 
related to processing are largely controlled by genetics and are 
reflected in new processing tomato varieties.

Final Rule

    Upon review of all the background information and comments 
collected during the rulemaking process, USDA determined that this 
final rule for the United States Standards for Grades of Tomato Sauce 
appearing after this preamble should be published in the Federal 
Register and become effective 30 days after publication.
    The USDA has determined this final rule will facilitate trade 
between processors and buyers and improve the marketing of tomato 
sauce.

List of Subjects in 7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

    For the reasons set forth in the preamble, the U.S. Department of 
Agriculture proposes to amend 7 CFR part 52 as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS 
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

    1. The authority citation for part 52 continues to read as follows:

    Authority: 7 U.S.C. 1622, 1624.

    2. In Subpart--United States Standards for Grades of Tomato Sauce, 
Sec. 52.2371 through Sec. 52.2377 are revised to read as follows:

Subpart--United States Standards for Grades of Tomato Sauce

Sec.
52.2371  Product description.
52.2372  Definitions of terms.
52.2373  Fill of container.
52.2374  Ascertaining the grade and factors of quality.
52.2375  Allowance for defects.
52.2376  Sample unit sizes.
52.2377  Determining the grade of a lot.


Sec. 52.2371  Product description.

    Tomato sauce is the concentrated product prepared from the liquid 
extracted from mature, sound, whole tomatoes; the sound residue from 
preparing such tomatoes for canning; the residue from partial 
extraction of juice; reconstituted or remanufactured tomato paste; or 
any combination of these ingredients to which is added salt and spices. 
One or more nutritive sweetening ingredients, a vinegar or vinegars, 
onion, garlic, or other vegetable flavoring ingredients may be added. 
The food is preserved by heat sterilization (canning), refrigeration, 
or freezing. When sealed in a container to be held at ambient 
temperatures, it is so processed by heat, before or after sealing, as 
to prevent spoilage. The refractive index of the tomato sauce at 20 
degrees Celsius is not less than 1.3455.


Sec. 52.2372  Definitions of terms.

    (a) Color means the amount of red in the tomato sauce as determined 
by comparing the color of the product with that produced by spinning a 
combination of the following Munsell color discs:
    Disc 1-Red (5R 2.6/13) (glossy finish);
    Disc 2-Yellow (2.5YR 5/12) (glossy finish);
    Disc 3-Black (N1) (glossy finish); and
    Disc 4-Gray (N4) (mat finish).
    Any other method or device approved by the USDA which gives 
equivalent results may be used.
    (1) Good color means the color typical of tomato sauce that 
contains as much or more red than that produced by spinning the 
specified Munsell color discs in the following combinations or an 
equivalent of such composite color:
    65 percent of the area of Disc 1;
    21 percent of the area of Disc 2; and
    14 percent of the area of Disc 3 or Disc 4, or 7 percent of the 
area of Disc 3 and 7 percent of the area of Disc 4, whichever most 
nearly matches the reflectance of the tomato sauce.
    (2) Reasonably good color means the color typical of tomato sauce 
that contains as much or more red than that produced by spinning the 
specified Munsell color discs in the following combinations or an 
equivalent of such composite color:
    53 percent of the area of Disc 1;
    28 percent of the area of Disc 2; and
    19 percent of the area of either Disc 3 or 4, or 9\1/2\ percent of 
the area of Disc 3 and 9\1/2\ percent of the area of Disc 4, whichever 
most nearly matches the reflectance of the tomato sauce.
    (b) Consistency means the resistance of the tomato sauce to 
deformation or resistance to flow i.e., apparent viscosity and the 
tendency to hold its liquid portion in suspension.
    (1) Good consistency means the tomato sauce is not excessively 
stiff, and flows not less than 4.0 cm nor more than 12.0 cm in 30 
seconds at 20 degrees Celsius in the Bostwick consistometer. After 
placing a tablespoon of tomato sauce on a shallow tray and observing 
the separation of free liquid for 2 minutes, there shall be no more 
than 5 mm (\3/16\ in) separation. The higher consistency tomato sauce 
will receive the higher score points.
    (2) Reasonably good consistency means the tomato sauce is not 
excessively stiff, flows less than 4.0 cm but not less than 3.0 cm or 
flows more than 12.0 cm but not more than 15.0 cm in 30 seconds at 20 
degrees Celsius in the Bostwick consistometer. After placing a 
tablespoon of tomato sauce on a shallow tray and observing the 
separation of free liquid for 2 minutes, there shall be no more than 10 
mm (\3/8\ in) separation. Within these two ranges, tomato sauce 
approaching ``good consistency'' will receive the higher score points.
    (c) Defects mean the degree of freedom from defects such as dark 
brown or black specks, whole seeds, tomato peel, core material or other 
similar substances. The specific requirements for defects are included 
in Table I of Sec. 52.2375. This factor is evaluated by observing a 
layer of 100 g (3.5 oz) of product which is spread over a smooth white 
surface area of at least 968 sq cm (150 sq in).
    (1) Practically free of defects means that any defects present in 
the sauce do not exceed the requirements for ``practically free'' in 
Table I of Sec. 52.2375.
    (2) Reasonably free of defects means that any defects present in 
the sauce do not exceed the requirements for ``reasonably free'' in 
Table I of Sec. 52.2375.
    (d) Finish. (1) Good finish means that the product is evenly 
comminuted, has uniform, smooth texture, and is free from lumps.
    (2) Poor finish means that the product fails to meet the definition 
of ``good finish.''
    (e) Flavor and odor means the flavor and odor characteristic of 
tomato sauce produced from good quality ingredients that have been 
properly processed.
    (1) Good flavor and odor means a good distinct flavor and odor 
characteristic of good quality ingredients. Such flavor and odor is 
free from scorching or any other objectionable flavor or odor.
    (2) Reasonably good flavor and odor means a flavor and odor 
characteristic of the ingredients in which there may be slight traces 
of undesirable flavor, such as scorched, bitter, or astringent flavor, 
but is free from objectionable off-flavors and odors.


Sec. 52.2373  Fill of container.

    Except for frozen tomato sauce and tomato sauce packaged in 
individual serving-size packages containing 56.7 grams (2 ounces) or 
less, each container of tomato sauce shall be filled as full as 
practicable without impairment of quality and shall occupy not less 
than 90 percent of the capacity of the container.


Sec. 52.2374  Ascertaining the grade and factors of quality.

    (a) The grade of tomato sauce is ascertained by considering the 
factor of finish, which is not scored, and the ratings for the factors 
of color, consistency, defects, and flavor and odor, which are scored. 
The relative importance of each factor which is scored is expressed 
numerically on the scale of 100. The maximum number of points that may 
be given for each factor is: 

------------------------------------------------------------------------
                           Factors                               Points 
------------------------------------------------------------------------
Color........................................................         25
Consistency..................................................         25
Defects......................................................         25
Flavor and odor..............................................        25 
                                                              ----------
  Total score................................................        100
------------------------------------------------------------------------

Sec. 52.2375  Allowances for defects. 

                                 Table I                                
------------------------------------------------------------------------
        Factors                U.S. Grade A            U.S. Grade B     
------------------------------------------------------------------------
Finish.................  Good\1\................  Good.\1\              
Color..................  Good...................  Reasonably good.      
  Score................  21 to 25 points........  17 to 20 points.      
Consistency............  Good...................  Reasonably good.      
Centimeters (Bostwick).  4.0 to 12.0............  3.0 to less than 4.0  
                                                   or more than 12.0 but
                                                   less than 15.0.      
Separation of free       Equal to or less than 5  More than 5 mm but    
 liquid.                  mm (\3/16\ in).          equal to or less than
                                                   10 mm (\3/8\ in).    
  Score................  22 to 25 points........  18 to 21 points.      
Defects\2\.............  Practically free.......  Reasonably free.      
Pieces of peel\3\        Combined total of 15     Combined total of 36  
 exceeding 5 mm/100 g     pieces of peel and       pieces of peel and   
 (3.5 oz) and dark        dark brown or black      dark brown or black  
 specks exceeding 1.0     specks; no dark brown    specks; not more than
 mm (\1/32\ in).          or black specks exceed   2 dark brown or black
                          3.2 mm (\1/8\ in).       specks exceed 3.2 mm,
                                                   no dark brown or     
                                                   black specks exceed  
                                                   6.5 mm (\1/4\ in).   
Whole seeds/2.835 kg     1......................  5.                    
 (100 oz).                                                              
Overall appearance.....  Not materially affected  Not seriously         
                                                   affected.            
  Score................  21 to 25 points........  18 to 20 points.      
Flavor and odor........  Good...................  Reasonably good.      
  Score................  21 to 25 points........  17 to 20 points.      
    Total minimum score  85 points..............  70 points.\4\         
------------------------------------------------------------------------
\1\Evenly comminuted; smooth uniform texture.                           
\2\Except for whole seeds, based on 100 grams (3.5 oz) of diluted well- 
  mixed product at 8.0 to 9.0 percent natural tomato soluble solids     
  (NTSS). Whole seeds, based on 2.835 kg (100 oz) of product at 8.0 to  
  9.0 NTSS if at least one whole seed(s) is found in a sample.          
\3\Measured without unrolling.                                          
\4\Tomato sauce which fails to meet the quality of U.S. Grade B shall be
  classified as ``Substandard.''                                        

 Sec. 52.2376  Sample unit sizes.

    (a) The sample unit size is the amount of product specified to be 
used for inspection in 7 CFR 52.38, Table III.
    (b) For Number 10 can size or larger, an optional sample unit size 
of 900 g (approximately 32 oz) per container is permitted.


Sec. 52.2377  Determining the grade of a lot.

    The grade of a lot of tomato sauce covered by these standards is 
determined by the procedures found in the ``Regulations Governing 
Inspection and Certification of Processed Fruits and Vegetables, 
Processed Products Thereof, and Certain Other Processed Food Products'' 
(7 CFR 52.1 through 52.83).


Secs. 52.2378-52.2381  [Removed and Reserved]

    3. Sections 52.2378 through 52.2381 are removed and reserved.

    Dated: October 11, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-25670 Filed 10-17-94; 8:45 am]
BILLING CODE 3410-02-P