[Federal Register Volume 64, Number 246 (Thursday, December 23, 1999)]
[Rules and Regulations]
[Pages 71989-71990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33205]
-----------------------------------------------------------------------
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
