Federal Register/Vol. 68, No. 161/Wednesday, August 20, 2003/Rules and Regulations

Federal Register / Vol. 68, No. 161 / Wednesday, August 20, 2003 / Rules and Regulations 50069

Issued in College Park, Georgia, on August Background 14 CFR Part 135 13, 2003. In response to a series of Walter R. Cochran, Air taxis, Aircraft, Aviation safety, recommendations issued by the Reporting and record keeping Acting Manager, Air Traffic Division, National Transportation Safety Board requirements. Southern Region. (NTSB), the FAA revised and updated [FR Doc. 03–21323 Filed 8–19–03; 8:45 am] parts 121, 125 and 135 of Title 14, Code The Amendment BILLING CODE 4910–13–M of Federal Regulations (14 CFR) in 1997 to require that flight data recorders on ■ In consideration of the foregoing, the U.S. registered airplanes be upgraded to Federal Aviation Administration DEPARTMENT OF TRANSPORTATION record additional parameters of data (62 corrects Chapter I of Title 14, Code of FR 38362, July 17, 1997). The exact Federal Aviation Administration Federal Regulations as follows: number of parameters required depends on the age of the airplane; airplanes Correction 14 CFR Parts 121, 125, and 135 manufactured after August 19, 2002, ■ In the final rule ‘‘Digital Flight Data must record 88 parameters of flight data. [Docket No.: FAA–2003–15682; Amendment The final rule published on July 18, Recorder Requirements—Changes to Nos. 121–288, 125–42, 135–84] 2003 (68 FR 42932) amends the flight Recording Specifications and Additional data recorder regulations by expanding Exceptions’’ published in the Federal RIN 2120–AH89 the recording specifications of certain Register on July 18, 2003, FR Doc. No. data parameters for specified airplanes, 03–18269 (68 FR 42932) make the Digital Flight Data Recorder and by adding aircraft models to the following correction: Requirements—Changes to Recording lists of aircraft excepted from the 1997 1. On Page 42932, in the first column, Specifications and Additional regulations. In addition, this rule in the document heading, correct ‘‘RIN Exceptions; Correction corrects specifications in an operating 2120–AH81’’ to read ‘‘RIN 2120–AH89’’. rule appendix that were inadvertently AGENCY: Federal Aviation 2. On Page 42936, in the second omitted in previous actions. These column, in paragraph (2), line 9, correct Administration (FAA), DOT. changes are necessary to allow the the words ‘‘Jetstream 4100’’ to read ACTION: Final rule, correction. continued operation of certain aircraft that are unable to meet the existing ‘‘Jetstream 4100 Series,’’. SUMMARY: This document makes recorder criteria using installed 3. On Page 42936, in the third corrections to the final rule published in equipment. The changes are also column, in Amendment Number 4, line the Federal Register on July 18, 2003. necessary for certain aircraft for which 2, correct ‘‘5, 9, 12a, 14a, 16,’’ to read This document makes some minor the cost to retrofit under 1997 regulatory ‘‘5, 9, 12a, 14a, 15, 16,’’. corrections and it also adds Parameter changes would be cost prohibitive. 15 to the document under parts 121 and 4. On Page 42937, in the second 125, and changes the resolution in List of Subjects column, in paragraph (2), line 9, correct Parameter 15 by 0.1%. the words ‘‘Jetstream 4100’’ to read 14 CFR Part 121 ‘‘Jetstream 4100 Series,’’. DATES: This correction is effective Air carriers, Aircraft, Aviation safety, August 18, 2003. 5. On Page 42937, in the third Reporting and recordkeeping column, in Amendment Number 9, line FOR FURTHER INFORMATION CONTACT: Gary requirements, Safety, Transportation. Davis, Flight Standards Service, Air 2, correct ‘‘5, 9, 12a, 14a, 16,’’ to read Transportation Division; telephone 14 CFR Part 125 ‘‘5, 9, 12a, 14a, 15, 16,’’. (202) 267–8166; facsimile (202) 267– Aircraft, Aviation safety, Reporting 6. In the charts on pages 42936 and 5229; e-mail [email protected]. and recordkeeping requirements. 42938 after ‘‘14a’’ insert the following:

15. Pitch Control Sur- Full Range ...... +/¥2° Unless 0.5 or 0.25 for air- 0.3% of full For airplanes fitted with multiple or face(s) Position.6. Higher Accu- planes oper- range. split surfaces, a suitable com- racy Uniquely ated under bination of inputs is acceptable in Required. § 135.152(j). lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25.

7. On page 42939, in the ‘‘Parameters’’ DEPARTMENT OF HEALTH AND ACTION: Final rule. column, in 15, in the ‘‘Resolution’’ HUMAN SERVICES SUMMARY: The Food and Drug column, correct ‘‘0.2% of full range’’ to Administration (FDA) is amending the read ‘‘0.3% of full range.’’. Food and Drug Administration food additive regulations to provide for Issued in Washington, DC, on August 12, 21 CFR Part 172 the safe use of sucrose oligoesters 2003. (sucrose esters of fatty acids with an Donald P. Byrne, [Docket No. 98F–0717] average degree of esterification ranging Assistant Chief Counsel for Regulations. Food Additives Permitted for Direct from four to seven) as an emulsifier or [FR Doc. 03–21329 Filed 8–19–03; 8:45 am] Addition to Food for Human stabilizer, at a level not to exceed 2.0 percent, in chocolate and in butter- BILLING CODE 4910–13–U Consumption; Sucrose Oligoesters substitute spreads. This action is in AGENCY: Food and Drug Administration, response to a petition filed by HHS. Mitsubishi Chemical Corp.

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DATES: This rule is effective August 20, to the acronym in conjunction with the II. Evaluation of Safety 2003. Submit objections and requests for established name to allow consumers to In order to establish, with reasonable a hearing by September 19, 2003. The recognize the acronym as an alternative certainty, that this new food additive is Director of the Office of the Federal to the established name. For the subject not harmful under its intended Register approves the incorporation by petition, the agency believes that neither conditions of use, FDA considered the reference in accordance with 5 U.S.C. the food industry nor the consumer is probable human dietary exposure to the 552(a) and 1 CFR part 51 of certain currently familiar with the term SOE. additive, the available toxicological data publications in new § 172.869 (21 CFR Therefore, the agency is not adopting on the additive, and the manufacturing 172.869), effective August 20, 2003. the acronym SOE as an alternate name process for this additive. ADDRESSES: Submit written objections for sucrose oligoesters at this time. and requests for a hearing to the Sucrose oligoesters consists of a A. Estimated Daily Intake for Sucrose Division of Dockets Management (HFA– mixture of sucrose fatty acid esters, Oligoesters and its Component Esters 305), Food and Drug Administration, containing tetra-, penta-, hexa-, and The petitioner provided information 5630 Fishers Lane, rm. 1061, Rockville, hepta-esters (representing not less than on both typical use levels and maximum MD 20852. Submit electronic comments 50 percent of the total esters), mono-, di- use levels. Absent specific information to http://www.fda.gov/dockets/ , and tri-esters (representing not greater on typical use levels, FDA bases its ecomments. than 45 percent of the total esters), and estimation of exposure to an additive on FOR FURTHER INFORMATION CONTACT: octa-ester (representing not greater than the maximum possible use levels of the Martha D. Peiperl, Center for Food 40 percent of the total esters). The fatty additive. FDA believes that typical use Safety and Applied Nutrition (HFS– acid moieties are derived from edible levels are more appropriate for 265), Food and Drug Administration, fats and oils, predominantly C8 through consideration of lifetime exposure 5100 Paint Branch Pkwy., College Park, C22 fatty acids. The proposed additive, because a consumer is unlikely to MD 20740, 202–418–3077. sucrose oligoesters, has a composition consistently choose only those products that overlaps that of sucrose fatty acid SUPPLEMENTARY INFORMATION: with the maximum levels of the esters, listed under § 172.859, and additive. Furthermore, the maximum I. Background olestra, listed under § 172.867. level allowed may be higher than what In a notice published in the Federal However, § 172.859(b)(1) requires that is used in most foods. Consistent with Register of September 1, 1998 (63 FR sucrose fatty acid esters contain a good manufacturing practices, products 46465), FDA announced that a food minimum of 80 percent of mono-, di-, formulated with the additive will additive petition (FAP 8A4610) had and tri-esters of sucrose and contain the additive at a level no greater been filed by Mitsubishi Chemical § 172.867(b)(1) requires that olestra than that needed to accomplish the Corp., 5–2, Marunouchi 2-chome, contain a minimum of 97 percent of intended technical effect. The petitioner Chiyoda-Ku, Tokyo 100, Japan, octa-, hepta-, and hexa-esters of sucrose. has provided information which proposing that the food additive The proposed additive is thus mid-range indicates that the typical use level of the regulations be amended to provide for between these two listed food additives additive in food products is 0.5 percent. the safe use of sucrose esters of fatty in terms of the average number of ester Therefore, in estimating probable daily acids with an average degree of moieties on the sucrose backbone. intake for sucrose oligoesters, the esterification ranging from four to seven, In support of the safety of the agency used 0.5 percent as the level in as an emulsifier or stabilizer, at a level proposed use of sucrose oligoesters, foods consumed over a lifetime of not to exceed 2.0 percent, in chocolate Mitsubishi submitted a combined exposure. and in butter-substitute spreads. The chronic and carcinogenicity study with The agency has estimated that the petitioner also proposed to adopt the a sucrose fatty acid ester blend of mono- mean lifetime-averaged daily intake of name SOE as the common or usual through penta-esters in male and female sucrose oligoesters would be name for this additive. rats, as well as analytical data on the approximately 45 milligrams per person The petitioner derived the name SOE percentages of mono- through octa- per day (mg/p/day). FDA also estimated as an acronym for sucrose oligoesters. esters in both the proposed additive and that an individual at the 90th percentile Mitsubishi requested the name SOE to the fatty acid ester blend. Mitsubishi of consumption of food that would differentiate this additive from sucrose also submitted a metabolism/ contain the additive would have an fatty acid esters (SFAE), listed under pharmacokinetic study of 14C-labeled exposure approximately two times the § 172.859 (21 CFR 172.859), and olestra, sucrose fatty acid esters in rats and mean intake or 98 mg/p/day (Ref. 1). listed under § 172.867 (21 CFR 172.867). several study reports and publications Because the additive is a mixture and The agency has reviewed the term previously considered by FDA during because the relevant safety studies were sucrose oligoesters and finds it to be an its safety reviews of sucrose fatty acid conducted on mixtures with a variety of acceptable name to identify the esters and olestra. compositions, FDA also examined the petitioned substance. Therefore, the As discussed in more detail in section potential exposure to the component agency agrees that the name sucrose II of this document, the agency focused esters of sucrose oligoesters. The agency oligoesters may be used as the common its safety evaluation on the exposure evaluated data from approximately 50 or usual name for sucrose esters of fatty and the metabolic fates of the tetra- batches of the additive. Based on these acids with an average degree of penta-, and hexa-ester components of data, the average percentages of the esterification ranging from four to seven. sucrose oligoesters because FDA mono- through octa-esters in the The agency has also considered the considered the other esters more fully in additive were calculated. These acronym SOE as an alternate name for the earlier decisions. The agency’s averages were used in estimating this ingredient. The agency has safety determinations for the mono-, exposure to the sucrose ester generally allowed an acronym to be di-, and tri-ester components (sucrose components of sucrose oligoesters for used as an alternate name for an fatty acid esters (60 FR 44755, August the consumer at the 90th percentile. ingredient in those cases where the 29, 1995)) and for the hepta- and octa- FDA estimates exposure to these name of the ingredient is long and only ester components (olestra (61 FR 3118, component esters to be 1.5 mg/p/day for after there has been sufficient exposure January 30, 1996)) remain unchanged. the mono-ester, 4.2 mg/p/day for the di-

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ester, 10 mg/p/day for the tri-ester (or 16 in rats that was submitted with the III. Conclusion mg/p/day for the mono-, di-, and tri- Olestra petition (FAP 7A3997). This Based on the totality of available esters combined), 14 mg/p/day for the study demonstrated that only a small information regarding the subject tetra-ester, 19 mg/p/day for the penta- percentage (i.e. not more than 1.5 sucrose esters and the absence of any ester, 23 mg/p/day for the hexa-ester, 20 percent) of the administered observed toxicity, FDA concludes that mg/p/day for the hepta-ester, and 9 mg/ radiolabeled esters was absorbed and this additive is safe for its proposed use. p/day for the octa-ester (Ref. 1). that the majority of the absorbed Therefore, the agency concludes that the B. Evaluation of Safety Studies radioactivity was found in expired air food additive regulations should be and urine. Additionally, interim As mentioned in section II.A of this amended as set forth in this document. necropsies performed during the Because the foods described in new document, sucrose oligoesters consist of absorption study demonstrated that the a mixture of mono- to octa-esters, with § 172.869(c) include foods subject to amount of radioactivity detected in standards of identity, the agency notes most of the esters ranging from four to tissues decreased rapidly over time and seven fatty acids. The agency that the additive may not be used in a therefore did not bioaccumulate. standardized food unless permitted by considered the nature of the petitioned Because any increase in exposure to the substance, its constituents and the standard of identity. To ensure that penta- and hexa-esters from the metabolites, the currently approved uses only a food grade product is used in petitioned use of sucrose oligoesters of sucrose fatty acid esters and olestra, food, the additive must meet the would be very small, and considering available related toxicological data, and specifications set forth in this the totality of evidence showing no exposure estimates for the individual document. The agency further sucrose fatty acid esters. Based on the toxicity from these esters, FDA has no concludes that the name sucrose totality of this information, the agency safety concerns from the potential oligoesters is acceptable for use as the finds that the previous safety intake of penta- and hexa-ester common or usual name for the additive. assessments for the mono-, di-, and tri- components of sucrose oligoesters from In accordance with § 171.1(h) (21 CFR ester components and the hepta- and this use (Refs. 4 and 5). 171.1(h)), the petition and the octa-ester components of sucrose In its review of the safety of exposure documents that FDA considered and oligoesters made during reviews for to the tetra-ester component of the relied upon in reaching its decision to SFAE (sucrose fatty acid esters (60 FR subject additive, the agency considered approve the petition are available for 44755)) and olestra (olestra (61 FR a metabolism study of 14C-labeled inspection at the Center for Food Safety 3118)), respectively, are applicable for sucrose esters of stearic acid in rats and and Applied Nutrition by appointment the petitioned use of this additive (Ref. a combined chronic oral toxicity/ with the information contact person (see 2). carcinogenicity study of sucrose esters FOR FURTHER INFORMATION CONTACT). As As stated previously, the estimated of fatty acids in rats. Based on the provided in § 171.1(h), the agency will exposure to the combined mono-, comparison of an estimated ADI for the delete from the documents any di-, and tri-ester components of sucrose tetra-ester of 110 mg/p/day from the oral materials that are not available for oligoesters from the proposed use is 16 toxicity study with a highly public disclosure before making the mg/p/day. The agency finds that this conservative exposure estimate for the documents available for inspection. estimated daily intake to these three tetra ester of 26 mg/p/day1, the agency IV. Environmental Effects sucrose esters from the proposed use of has no safety concerns regarding the The agency has previously considered sucrose oligoesters and all approved potential intake of sucrose tetra-ester in the environmental effects of this rule as uses of SFAE is less than the acceptable sucrose oligoesters from the petitioned announced in the notice of filing for daily intake (ADI) level that was use (Refs. 1, 2, and 5). established for SFAE (Ref. 3). FAP 8A4610 (63 FR 46465). No new As further stated previously, the C. Specifications information or comments have been estimated exposure to the hepta-ester received that would affect the agency’s from the proposed use of sucrose In addition to specifications to ensure previous determination that there is no oligoesters is 20 mg/p/day and the the identity of sucrose oligoesters, the significant impact on the human estimated exposure to the octa-ester is 9 agency considered specifications for environment and that an environmental mg/p/day. Exposure to the hepta- and residual levels of solvents and impact statement is not required. methanol. The additive is produced by octa-esters from the proposed use of V. Paperwork Reduction Act 1995 sucrose oligoesters would be interesterification of sucrose with insignificant in comparison to the methyl esters of fatty acids derived from This final rule contains no collection current estimated exposure from olestra edible fats and oils using the solvents of information. Therefore, clearance by (20 mg/p/day v. 1,400 mg/p/day for the dimethyl sulfoxide, isobutyl alcohol, or the Office of Management and Budget hepta-ester, and 9 mg/p/day v. 7,000 other appropriate solvents. To ensure under the Paperwork Reduction Act of mg/p/day for the octa-ester) (Ref. 1 and removal of residual solvents and 1995 is not required. methanol from the methyl esters, the 61 FR 3118). VI. References In its review of the safety of the petitioner proposed specification limits tetra-, penta-, and hexa-esters of sucrose for residual levels of dimethyl sulfoxide, The following references have been oligoesters, the agency considered the isobutyl alcohol, and methanol. FDA placed on display in the Division of estimated exposures to these ester has considered the manufacturing Dockets Management (see ADDRESSES) components and other relevant process for this additive and has and may be seen by interested persons information on sucrose fatty acid esters, determined that these specifications between 9 a.m. and 4 p.m., Monday including pharmacokinetic studies. In need to be included in the regulation. through Friday. 1. Memorandum from DiNovi, Division of particular, the agency considered an Biotechnology and GRAS Notice Review, to absorption study of 14C-labeled sucrose 1Highly conservative estimates of exposures to the component esters of the subject additive have Peiperl, Division of Petition Review, June 2, polyester consisting of approximately 81 been obtained by adding intakes for 90th percentile 2003. percent hexa- and lower esters eaters-only from the proposed use of SOE and the 2. Memorandum from Young, Division of (predominately hexa- and penta-esters) regulated uses of SFAE and olestra. Food Contact Substance Notification Review,

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to Peiperl, Division of Petition Review, such a description and analysis for any § 172.869 Sucrose oligoesters. March 8, 2002. particular objection shall constitute a 3. Memorandum from Bleiberg, Division of Sucrose oligoesters, as identified in waiver of the right to a hearing on the this section, may be safely used in Health Effects Evaluation, to Anderson, objection. Three copies of all documents Division of Product Policy, November 4, accordance with the following are to be submitted and are to be 1993. conditions: 4. Memorandum from Young, Division of identified with the docket number Food Contact Substance Notification Review, found in brackets in the heading of this (a) Sucrose oligoesters consist of to Peiperl, Division of Petition Review, July document. Any objections received in mixtures of sucrose fatty acid esters 18, 2002. response to the regulation may be seen with an average degree of esterification 5. Memorandum from Young, Division of in the Division of Dockets Management ranging from four to seven. It is Food Contact Substance Notification Review, between 9 a.m. and 4 p.m., Monday produced by interesterification of to Peiperl, Division of Petition Review, June 3, 2003. through Friday. sucrose with methyl esters of fatty acids derived from edible fats and oils List of Subjects in 21 CFR Part 172 VII. Objections (including hydrogenated fats and oils). Any person who will be adversely Food additives, Incorporation by The only solvents which may be used in affected by this regulation may at any reference, Reporting and recordkeeping the preparation of sucrose oligoesters time file with the Division of Dockets requirements. are dimethyl sulfoxide, isobutyl alcohol, Management (see ADDRESSES) written or ■ Therefore, under the Federal Food, and those solvents generally recognized electronic objections. Each objection Drug, and Cosmetic Act and under as safe in food. shall be separately numbered, and each authority delegated to the Commissioner (b) Sucrose oligoesters meet the numbered objection shall specify with of Food and Drugs and redelegated to the specifications in the methods listed in particularity the provisions of the Director, Center for Food Safety and the table in this paragraph. The methods regulation to which objection is made Applied Nutrition, 21 CFR part 172 is cited for determining compliance with and the grounds for the objection. Each amended as follows: numbered objection on which a hearing each specification are incorporated by is requested shall specifically so state. PART 172—FOOD ADDITIVES reference, in accordance with 5 U.S.C. Failure to request a hearing for any PERMITTED FOR DIRECT ADDITION 552(a) and 1 CFR part 51. Copies of the particular objection shall constitute a TO FOOD FOR HUMAN methods may be examined at the Center waiver of the right to a hearing on that CONSUMPTION for Food Safety and Applied Nutrition’s objection. Each numbered objection for Library, room 1C–100, 5100 Paint ■ 1. The authority citation for 21 CFR which a hearing is requested shall Branch Pkwy., College Park, MD 20740, include a detailed description and part 172 continues to read as follows: or at the Office of the Federal Register, analysis of the specific factual Authority: 21 U.S.C. 321, 341, 342, 348, 800 North Capitol St. NW., suite 700, information intended to be presented in 371, 379e. Washington, DC. Copies of the methods support of the objection in the event ■ 2. Section 172.869 is added to subpart are available from the sources listed in that a hearing is held. Failure to include I to read as follows: the table in this paragraph:

Specification Limit Method Cited Source for Obtaining Method

(1) Sucrose esters ...... Not less than 90% ...... ‘‘Method for Analyzing the Purity Office of Food Additive Safety, of Sucrose Fatty Acid Esters,’’ Center for Food Safety and Ap- issued by Mitsubishi Chemical plied Nutrition (HFS–200), Food Corp., June 17, 1998. and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740.

(2) Mono-, di-, and tri-esters ...... Not more than 45% ...... ‘‘Method for Measuring the Ester Do. Distribution of Sucrose Oligoesters,’’ issued by Mitsubishi Chemical Corp., June 17, 1998.

(3) Tetra-, penta-, hexa-, and Not less than 50% ...... Do. Do. hepta-esters.

(4) Octa-esters ...... Not more than 40% ...... Do. Do.

(5) Free Sucrose ...... Not more than 0.5% ...... ‘‘Free Sucrose Method,’’ issued Do. by Mitsubishi Chemical Corp., June 17, 1998.

(6) Acid Value ...... Not more than 4.0 ...... ‘‘Acid Value,’’ Appendix VII, Meth- National Academy Press, 2101 od I (Commercial Fatty Acids), Constitution Ave. NW, Wash- in the Food Chemicals Codex, ington, DC 20418 (Internet: 4th ed. (1996), p. 820. http://www.nap.edu).

(7) Residue on Ignition ...... Not more than 0.7% ...... ‘‘Residue on Ignition, Appendix Do. IIC, Method I, in the Food Chemicals Codex, 4th ed. (1996), pp. 751–752, (using a 1-gram sample).

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Specification Limit Method Cited Source for Obtaining Method

(8) Residual Methanol ...... Not more than 10 milligrams/kilo- Method listed in the monograph Do. gram. for ‘‘Sucrose Fatty Acid Esters’’ in the First Supplement to the 4th ed. of the Food Chemicals Codex (1997), pp. 44–45.

(9) Residual Dimethyl Sulfoxide .... Not more than 2.0 milligrams/kilo- Do. Do. gram.

(10) Residual Isobutyl Alcohol ...... Not more than 10 milligrams/kilo- Do. Do. gram.

(11) Lead ...... Not more than 1.0 milligram/kilo- ‘‘Atomic Absorption Do. gram. Spectrophotometric Graphite Furnace Method,’’ Method I, in the Food Chemicals Codex, 4th ed. (1996), pp. 763–765.

(c) The additive is used as an [email protected]. Forest Service, U.S. Dept. of emulsifier (as defined in § 170.3(o)(8) of Fax: (520) 733–5183. Agriculture, to the National Park Service this chapter) or stabilizer (as defined in FOR FURTHER INFORMATION CONTACT: Kym on August 10, 1933. This area was of § 170.3(o)(28) of this chapter) in Hall, Regulations Program Manager, outstanding scientific interest because chocolate and in butter-substitute National Park Service, 1849 C Street, of the exceptional growth of various spreads, at a level not to exceed 2.0 NW., Room 3145, Washington, DC species of cacti, including the so-called percent; except that the additive may 20240. Phone number: (202) 208–4206. giant saguaro cactus. Proclamation 3439 not be used in a standardized food e-mail: [email protected]. (November 16, 1961), enlarged the unless permitted by the standard of SUPPLEMENTARY INFORMATION: boundaries of the Saguaro National identity. Monument to include certain lands Description of Saguaro National Park Dated: August 6, 2003. within the Tucson Mountains L. Robert Lake, Saguaro National Park is an important containing a remarkable display of national resource visited by relatively undisturbed lower Sonoran Director, Office of Regulations and Policy, approximately 755,618 people annually. Center for Food Safety and Applied Nutrition. desert vegetation, including a The gross area acreage is 91,445.96 spectacular saguaro stand. Public Law [FR Doc. 03–21270 Filed 8–19–03; 8:45 am] (Federal: 87,156.17; Nonfederal: 94–567(October 1976) designated parts BILLING CODE 4160–01–S 4,289.79) of which 71,400 acres are of Saguaro National Monument as a designated wilderness. Giant saguaro wilderness area, known as the Saguaro cacti, unique to the Sonoran Desert, Wilderness. DEPARTMENT OF THE INTERIOR sometimes reach a height of 50 feet in On June 19, 1991 Congress passed the this cactus forest, which covers the ‘‘Saguaro National Monument National Park Service valley floor and the slopes of the Rincon Expansion Act of 1991’’ to authorize the and Tucson Mountains. The Cactus addition of approximately 3,540 acres to 36 CFR Part 7 Forest Trail is a multi-use trail (5.3 the Rincon unit of Saguaro National RIN 1024–AD10 miles long) that originates at the Monument in order to protect, preserve, northern boundary of the park and and interpret the monument’s resources, Special Regulations, Areas of the eventually bisects the Cactus Forest and to provide for education and benefit National Park System; Saguaro Loop Drive. The segment of the Cactus to the public. Under the Saguaro National Park, Designated Bicycle Forest Trail within the loop drive is 2.5 National Park Establishment Act of Routes miles long. Cactus Forest Loop Drive, an 1994, Saguaro National Monument was 8 mile paved loop road located in the given full recognition and statutory AGENCY: National Park Service, Interior. western portion of the Rincon Mountain protection and renamed a National Park. ACTION: Final rule. District, originates from the main See 16 U.S.C. 410ZZ. entrance and visitor center and is the SUMMARY: The National Park Service Management Plans (NPS) is designating a trail where only paved road in the east district of the park. The Cactus Forest Trail is Saguaro National Park General bicycles may be used off road in Management Plan (GMP) was completed Saguaro National Park. This rule is designed along the natural topography and vegetation of the area and meanders in 1988. The GMP envisions the Rincon necessary because the NPS regulations Mountain District as a main attraction for bicycle use off park roads in units of through a relatively even elevation with rolling hills and gentle peaks. The trail for the first-time visitors, with the focus the National Park System require that a on the Saguaro forest and the lower special regulation be promulgated in is lined with a variety and abundance of desert trees and shrubs. Sonoran desert. Suggested frontcountry order to allow use on trails outside of recreational uses include ‘‘* * * biking, developed park areas. Legislation and Purposes of Saguaro jogging, picnicking, sunset watching, DATES: The rule becomes effective National Park and horseback riding’’, while the September 19, 2003. Saguaro National Park was initially ‘‘* * * backcountry wilderness would ADDRESSES: Superintendent, Saguaro reserved as a national monument on continue to be used primarily by hikers National Park, 3693 South Old Spanish March 1, 1933 (Proclamation No. 2032, and horseback riders.’’ In the 1988 plan, Trail, Tucson, AZ 85730–5601 e-mail: 47 Stat. 2557), and transferred from the the Cactus Forest trail is located in the

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