[Federal Register: March 14, 2005 (Volume 70, Number 48)]
[Proposed Rules]
[Page 12420-12421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr05-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 12420]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 381
[Docket No. 04-036P]
RIN 0583-AD13
Termination of Designation of the State of North Dakota With
Respect to the Inspection of Poultry Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to
amend the poultry products inspection regulations by terminating the
designation of the State of North Dakota under sections 1 through 4, 6
through 10, 11(b), 11(c), and 12 through 22 of the Poultry Products
Inspection Act (PPIA). The Commissioner of Agriculture of the State of
North Dakota has advised this Department that effective November 8,
2004, the State will be in a position to administer a State poultry
inspection program that includes requirements that are at least equal
to those imposed under the Federal poultry products inspection program
for poultry and poultry products distributed in interstate commerce.
DATES: Submit written comments on or before April 13, 2005.
ADDRESSES: FSIS invites interested persons to submit comments on this
proposed rule. Comments may be submitted by any of the following
methods:
Mail, including floppy disks or CD-ROMs, and hand- or
courier-delivered items. Send to Docket Clerk, Department of
Agriculture, Food Safety and Inspection Service, 300 12th Street, SW.,
Room 102 Cotton Annex, Washington, DC 20250-3700.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the on-line instructions at that site for
submitting comments.
All submissions received must include the Agency name and docket
number 04-036P.
All comments submitted in response to this proposed rule, as well
as research and background information used by FSIS in developing this
document, will be available for public inspection in the FSIS Docket
Room at the address listed above between 8:30 a.m. and 4:30 p.m.,
Monday through Friday. The comments also will be posted on the Agency's
Web site at http://www.fsis.usda.gov/regulations_&_policies/2005_Proposed_Rules_Index/index.asp
.
FOR FURTHER INFORMATION CONTACT: Royce E. Sperry, Deputy Director,
Review, Office of Program Evaluation, Enforcement and Review, Food
Safety and Inspection Service, Department of Agriculture, telephone
(402) 221-7401, extension 7484.
SUPPLEMENTARY INFORMATION:
Background
Section 5(c)(1) of the PPIA (21 U.S.C. 454(c)) authorizes the
Secretary of Agriculture to designate a State as one in which the
provisions of sections 1 through 4, 6 through 10, 11(b), 11(c), and 12
through 22 of the PPIA will apply to operations and transactions wholly
within the State if the Secretary has determined that requirements at
least equal to those imposed under the PPIA have not been developed and
effectively enforced by the State.
The Secretary of Agriculture designated the State of North Dakota
under paragraph 5(c)(1) of the PPIA, effective January 2, 1971 (42 FR
2949). The designation specified that North Dakota is a State in which
the United States Department of Agriculture is responsible for
providing poultry products inspection at eligible establishments and
for otherwise enforcing the applicable provisions of the PPIA.
In addition, on July 23, 1973, a notice was published in the
Federal Register (38 FR 19671) announcing that, effective on that date,
the Department would assume the responsibility of administering the
authorities provided for under sections 11(b) and (c) (21 U.S.C. 460(b)
and (c)) of the PPIA regarding certain categories of processors of
poultry products.
This designation was undertaken by the Department when it was
determined that the State of North Dakota was not in a position to
enforce inspection requirements under State laws for poultry and
poultry products in intrastate commerce that were at least equal to the
requirements of the PPIA enforced by the Federal Government.
Section 5(c)(3) of the PPIA provides, however, that whenever the
Secretary of Agriculture determines that any designated State has
developed and will enforce State poultry products inspection
requirements at least equal to those imposed by the Federal Government
under the PPIA, with respect to operations and transactions within the
State, the Secretary will terminate the designation of the State. The
Secretary has determined that the State of North Dakota has developed
and will enforce a State poultry products inspection program in
accordance with the provisions of the PPIA. FSIS has evaluated the
North Dakota program and determined that it is at least equal to the
Federal Government requirements. This evaluation also has shown that
the State of North Dakota is in a position to enforce effectively the
provisions of section 11(b) and (c) of the PPIA. Therefore, FSIS is
proposing that the designation of the State of North Dakota under
sections 1 through 4, 6 through 10, 11(b), 11(c), and 12 through 22 of
the PPIA be terminated.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
It has been determined to be not significant, and has not been reviewed
by the Office of Management and Budget (OMB).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court proceedings challenging this
rule. However, the administrative procedures specified in 9 CFR 306.5
must be exhausted before any judicial challenge of the application of
the provisions of this proposed rule, if the challenge involves any
decision of an FSIS employee relating to inspection services provided
under the provisions of the PPIA.
[[Page 12421]]
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this proposed rule, FSIS will announce it
on-line through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2005_Proposed_Rules_Index/
.
The Regulations.gov Web site is the central on-line rulemaking
portal of the United States Government. It is being offered as a public
service to increase participation in the Federal Government's
regulatory activities. FSIS participates in Regulations.gov and will
accept comments on documents published on the site. The site allows
visitors to search by keyword or Department or Agency for rulemakings
that allow for public comment. Each entry provides a quick link to a
comment form so that visitors can type in their comments and submit
them to FSIS. The Web site is located at http://www.regulations.gov/.
FSIS also will make copies of this Federal Register publication
available through the FSIS Constituent Update, which is used to provide
information regarding FSIS policies, procedures, regulations, Federal
Register notices, FSIS public meetings, recalls, and other types of
information that could affect or would be of interest to our
constituents and stakeholders. The update is communicated via Listserv,
a free e-mail subscription service consisting of industry, trade, and
farm groups, consumer interest groups, allied health professionals,
scientific professionals, and other individuals who have requested to
be included. The update also is available on the FSIS Web page. Through
Listserv and the Web page, FSIS is able to provide information to a
much broader, more diverse audience.
In addition, FSIS offers an electronic mail subscription service
that provides an automatic and customized notification when popular
pages are updated, included Federal Register publications and related
documents. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/
and allows FSIS customers to sign up
for subscription options in eight categories. Options range from
recalls to export information to regulations, directives and notices.
Customers can add or delete subscriptions themselves and have the
option to password protect their accounts.
List of Subjects in 9 CFR Part 381
Poultry and poultry products.
PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS
1. The authority citation for part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR
2.17, 2.55.
Sec. 381.221 [Amended]
2. Section 381.221 is amended by deleting ``North Dakota'' from the
``States'' column and by deleting the date, which was added on the line
with ``North Dakota.''
Sec. 381.224 [Amended]
3. Section 381.224 is amended by deleting ``North Dakota'' from the
``State'' column in two places and by deleting the dates, which were
added on the lines with ``North Dakota'' in two places.
Done in Washington, DC, on March 9, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-4993 Filed 3-11-05; 8:45 am]