[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34459-34460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16207]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 102

[Docket No. 92P-0476]


Crabmeat; Amendment of Common or Usual Name Regulation

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the common 
or usual name regulation for crabmeat by adding ``Brown King crabmeat'' 
as the common or usual name for the species Lithodes aequispina. This 
amendment is in response to a citizen petition submitted by the Alaska 
Seafood Marketing Institute (ASMI).

Effective Date: August 2, 1995.

FOR FURTHER INFORMATION CONTACT: Spring C. Randolph, Office of Seafood 
(HFS-416), Food and Drug Administration, 200 C St. SW., Washington, DC 
20204, 202-418-3160.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of July 15, 1994 (59 FR 36103), FDA 
proposed to amend the common or usual name provisions for crabmeat, 
(Sec. 102.50 (21 CFR 102.50)), to provide that the common or usual name 
of crabmeat derived from the species L. aequispina is ``Brown King 
crabmeat.'' The proposal was issued in response to a citizen petition 
submitted by ASMI. Previous to this rulemaking, Sec. 102.50 provided 
that only the crabmeat from three species of the genus Paralithodes may 
be labeled as ``King crabmeat.'' Interested persons were given until 
September 13, 1994, to submit comments.

II. Comments

    FDA received one comment in response to the proposed amendment. 
That comment, submitted by a trade association supported the proposal 
and stated that establishing ``Brown King crabmeat'' as the common or 
usual name for the crabmeat will benefit 

[[Page 34460]]
consumers by providing a consistent statement of identity for L. 
aequispina.

III. Conclusion

     For reasons stated in the proposal and in the absence of comments 
objecting to the proposed amendment, FDA concludes that it is 
appropriate to revise Sec. 102.50 by adding ``Brown King crabmeat'' as 
the common or usual name for the meat of L. aequispina. FDA notes that 
under section 403(b) and (i)(1) of the Federal Food, Drug, and Cosmetic 
Act (the act) (21 U.S.C. 343(b) and (i)(1)) and Sec. 101.3 (b) (1) (21 
CFR 101.3 (b)(1)), a food with a common or usual name established by 
regulation is misbranded if it is not identified by that name.
    FDA is also making a minor revision in Sec. 102.50, that is 
separate from this rulemaking. After publication of the proposal, the 
agency became aware that a change had been made in the accepted 
scientific designation for the species listed therein as Paralithodes 
camtschatica, and that it had not revised the regulation to reflect 
this change. Therefore, to maintain consistency with currently accepted 
scientific nomenclature, FDA is changing the spelling of the name of 
this species in Sec. 102.50, to read Paralithodes camtschaticus (see 
American Fisheries Society Special Publication 17, ``Common and 
Scientific Names of Aquatic Invertebrates from the United States and 
Canada: Decapod Crustaceans'').

IV. Environmental Impact

    The agency has previously considered the environmental effects of 
this rule as announced in the proposed rule of July 15, 1994 (59 FR 
36103). No new information or comments have been received that would 
affect the agency's previous determination that there is no significant 
impact on the human environment and that an environmental impact 
statement is not required.

V. Analysis of Impacts

    FDA has examined the impacts of the final rule under Executive 
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
Executive Order 12866 directs agencies to assess all costs and benefits 
of available regulatory alternatives and, when regulation is necessary, 
to select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity). The agency believes that 
this final rule is consistent with the regulatory philosophy and 
principles identified in the Executive Order. In addition, the final 
rule is not a significant regulatory action as defined by the Executive 
Order and so is not subject to review under the Executive Order.
    The Regulatory Flexibility Act requires agencies to analyze 
regulatory options that would minimize any significant impact of a rule 
on small entities. Because FDA did not receive any comments or new 
information on this issue, the agency certifies that the final rule 
will not have a significant economic impact on a substantial number of 
small entities. Therefore, under the Regulatory Flexibility Act, no 
further analysis is required.

List of subjects in 21 CFR Part 102

    Beverages, Food grades and standards, Food labeling, Frozen foods, 
Oils and fats, Onions, Potatoes, Seafood.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
102 is amended as follows:

PART 102--COMMON OR USUAL NAME FOR NONSTANDARDIZED FOODS

     1. The authority citation for 21 CFR part 102 continues to read as 
follows:

    Authority: Secs. 201, 403, 701 of the Federal Food, Drug, 
andCosmetic Act (21 U.S.C 321, 343, 371).

    2. Section 102.50 is amended by revising the table to read as 
follows:


Sec. 102.50  Crabmeat.

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      Scientific name of crab          Common or usual name of crabmeat 
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Chionoecetes opilio,                 Snow crabmeat.                     
Chionoecetes tanneri,                                                   
Chionoecetes bairdii, and                                               
Chionoecetes angulatus,                                                 
Erimacrus isenbeckii                 Korean variety crabmeat or Kegani  
                                      crabmeat.                         
Lithodes aequispina                  Brown King crabmeat.               
Paralithodes brevipes                King crabmeat or Hanasaki crabmeat.
Paralithodes camtschaticus           King crabmeat. and Paralithodes    
                                      Platypus.                         
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    Dated: June 26, 1995.
William B. Schultz,
Deputy Commissioner for Policy.
[FR Doc. 95-16207 Filed 6-30-95; 8:45 am]
BILLING CODE 4160-01-F