[Federal Register: December 23, 1999 (Volume 64, Number 246)]
[Rules and Regulations]               
[Page 71989-71990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de99-3]                         

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 99-016F]

 
Scale Requirements for Accurate Weights, Repairs, Adjustments, 
and Replacement After Inspection

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Affirmation of effective date for direct final rule.

-----------------------------------------------------------------------

SUMMARY: On October 1, 1999, the Food Safety and Inspection Service 
(FSIS) published a direct final rule, ``Scale Requirements for Accurate 
Weights, Repairs, Adjustments, and Replacement After Inspection.'' This 
direct final rule notified the public of FSIS's intention to amend the 
Federal meat and poultry products inspection regulations to update 
references to the National Institute of Standards and Technology (NIST) 
Handbook 44, ``Specifications, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices.'' The 1999 edition of 
NIST Handbook 44 was published in November 1998 and is the most current 
edition of the handbook. FSIS is amending the provisions in its 
regulations that reference NIST Handbook 44 to reflect this most recent 
edition. Because FSIS did not receive

[[Page 71990]]

any adverse comments, or expressions of intent to submit adverse 
comments, within the scope of the rulemaking, FSIS is affirming the 
November 30, 1999 effective date for this direct final rule.

EFFECTIVE DATES: November 30, 1999.

FOR FURTHER INFORMATION CONTACT: Daniel L. Engeljohn, Director, 
Regulations Development and Analysis Division, Office of Policy, 
Program Development, and Evaluation, Food Safety and Inspection 
Service, U.S. Department of Agriculture, (202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 1999, FSIS published a direct final rule, ``Scale 
Requirements for Accurate Weights, Repairs, Adjustments, and 
Replacement After Inspection'' (64 FR 53186). This direct final rule 
notified the public of FSIS's intention to amend the Federal meat and 
poultry products inspection regulations to update references to the 
National Institute of Standards and Technology (NIST) Handbook 44, 
``Specifications, Tolerances, and Other Technical Requirements for 
Weighing and Measuring Devices.'' The 1999 edition of NIST Handbook 44 
was published in November 1998 and is the most current edition of the 
handbook. FSIS is amending the provisions in its regulations that 
reference NIST Handbook 44 to reflect this most recent edition.
    After publication of the direct final rule, the American Meat 
Institute (AMI), a national trade association representing packers and 
processors of meat and poultry products, contacted FSIS to express a 
minor concern associated with the rulemaking. AMI noted that Section 
2.24 Automatic Weighing Systems of the 1999 edition of NIST Handbook 44 
is a tentative code, has only a trial or experimental status, and is 
not intended to be enforced by weights and measures officials. AMI 
expressed concern that FSIS inspection program employees would not 
interpret Section 2.24 as tentative and would enforce the requirements 
of Section 2.24 against existing equipment in meat and poultry plants 
before it is adopted as a permanent code. AMI requested that, prior to 
the effective date of the rule, FSIS issue some kind of notification to 
its inspection program personnel explaining that Section 2.24 is a 
tentative code and is not enforceable against existing equipment.
    The direct final rule updates a document, NIST Handbook 44, that 
has previously been approved for incorporation by reference in the Code 
of Federal Regulations. The current FSIS regulations reference the 1994 
edition of NIST Handbook 44, published in November 1993. The 1994 
edition of the handbook does not include Section 2.24 Automatic 
Weighing Systems. In the 1999 edition of Handbook 44, it is clearly 
stated that Section 2.24 has only a trial or experimental status, and 
that it is not intended to be enforced by weights and measures 
officials. However, Section 2.24 is intended to be used by the National 
Type Evaluation Program for type evaluation of automatic weighing 
systems, which permits these devices to be tested to ensure conformance 
with a nationally accepted standard.
    When FSIS issues new regulations, it provides the new or revised 
regulations to inspection program employees. The Agency also provides 
inspection program employees with the necessary implementing 
instructions. Therefore, FSIS will issue notification to the field 
employees explaining that Section 2.24 Automatic Weighing Systems is a 
tentative code, and that it is not to be enforced until it is upgraded 
to become a permanent code.
    Because FSIS did not receive any adverse comments or intent to 
submit adverse comments in response to the direct final rule, the 
effective date remains as November 30, 1999.

    Done at Washington, DC, on: December 14, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-33205 Filed 12-22-99; 8:45 am]
BILLING CODE 3410-DM-P