[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37666-37667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17737]
[[Page 37666]]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 331 and 381
[Docket No. 99-036F]
Designation of the State of Alaska Under the Federal Meat
Inspection Act and the Poultry Products Inspection Act
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
that representatives of the State of Alaska have advised the Department
of Agriculture that, because of a lack of funding, the State of Alaska
will stop administering its State meat and poultry inspection programs
after July 30, 1999. FSIS is mandated by law to assume responsibility
for administering the meat and poultry inspection programs with respect
to operations and transactions within Alaska. Therefore, in accordance
with the law, the Secretary of Agriculture is designating the State of
Alaska to receive Federal inspection with respect to operations and
transactions within the State, and FSIS is amending the Federal meat
and poultry inspection regulations by adding Alaska to the list of
``designated'' States.
EFFECTIVE DATE: This final rule will be effective on July 31, 1999.
FOR FURTHER INFORMATION CONTACT: Dr. William Leese, Director, Federal-
State Relations Staff, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250-3700 at (202) 418-8897.
SUPPLEMENTARY INFORMATION:
Background
Under section 301 of the Federal Meat Inspection Act (FMIA) and
section 5 of the Poultry Products Inspection Act (PPIA), a State may
administer State meat and poultry inspection programs provided that it
has developed and is effectively enforcing State meat and poultry
inspection requirements at least equal to those imposed under titles I
and IV of the FMIA and sections 1-4, 6-10, and 12-22 of the PPIA
(collectively referred to below as ``the titles''). These titles
contemplate continuous ongoing programs. When States can no longer
effectively enforce meat and poultry inspection requirements at least
equal to Federal requirements, they must be ``designated'' by the
Secretary to receive Federal inspection.
In accordance with the FMIA and PPIA, the Secretary had determined
that the State of Alaska had developed and was enforcing State meat and
poultry inspection requirements for establishments at least equal to
Federal meat and poultry inspection requirements under the titles.
However, on June 14, 1999, representatives of the State of Alaska
notified FSIS that, because of a lack of funding, Alaska will no longer
continue to administer its State meat and poultry inspection programs
after July 30, 1999. The representatives have requested that the
Department assume responsibility for the meat and poultry inspection
programs.
In view of the termination date, FSIS has determined that the State
of Alaska would not effectively enforce requirements at least equal to
those imposed under the titles. Therefore, the Secretary of Agriculture
must designate the State of Alaska under section 301(c)(3) of the FMIA
and section 5(c)(3) of the PPIA. On and after July 31, 1999, the
provisions of the titles will apply to operations and transactions
within the State of Alaska, unless exempt under sections 23 or
301(c)(2) of the FMIA or sections 5(c)(2) or 15 of the PPIA.
Owners or operators of Alaska's meat and poultry establishments
wishing to continue operations after July 30, 1999, must contact the
FSIS District Office in Salem, Oregon, in order to receive Federal
inspection. This office will provide information concerning
requirements and exemptions under the FMIA and the PPIA, applications
for inspection, and requests for surveys of establishments. Address
correspondence to USDA/FSIS District Office, 530 Center Street, NE,
Mezzanine Level, Salem, Oregon 97301.
The Administrator, FSIS, has determined that there is good cause
for issuing this final rule without prior notice and opportunity for
public comment. Because the State of Alaska has advised FSIS that its
State-operated meat and poultry inspection programs will be
discontinued, the Agency is mandated by law to assume the
responsibilities for administering the meat and poultry inspection
programs. It is necessary, therefore, to designate the State of Alaska
immediately, in accordance with section 301(c)(3) of the FMIA and
section 5(c)(3) of the PPIA, in order to carry out the Secretary's
responsibilities under the FMIA and PPIA.
In addition, it does not appear that additional relevant
information would be made available to the Secretary by public
participation in this rulemaking proceeding. Accordingly, under the
administrative procedures in 5 U.S.C. 553, FSIS finds good cause to
conclude that notice and other public procedures are impracticable and
contrary to the public interest.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant under
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The Administrator, FSIS, has determined that this final rule will
not have a significant economic impact on a substantial number of small
entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601).
The U.S. Department of Agriculture, pursuant to law, is assuming the
responsibility, previously held by the State of Alaska, of
administering the meat and poultry inspection programs with respect to
operations and transactions within the State of Alaska. This action
will affect approximately 13 State meat and poultry establishments that
require inspection in Alaska, most, if not all, of which may be
presumed to be very small businesses. However, this is not a
substantial number of establishments given the approximately 5,790 very
small meat and very small poultry establishments nationwide, which are
either federally or State inspected. In addition, the application of
certain Federal facility and other requirements will be flexible, and
each facility will be reviewed with regard to the circumstances
peculiar to that establishment. Further, it is not anticipated that
significant costs will be incurred by these Alaska establishments as a
result of this action.
Executive Order 12988
This final 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 challenging this rule. However,
the administrative procedures specified in 9 CFR 306.5 and 381.35 must
be exhausted prior to any judicial challenge of the application of the
provisions of this rule, if the challenge involves any decision of an
FSIS employee relating to inspection services provided under the FMIA
or the PPIA.
Paperwork Requirements
This rule has been reviewed under the Paperwork Reduction Act and
imposes
[[Page 37667]]
no new paperwork or recordkeeping requirements.
List of Subjects
9 CFR Part 331
Meat inspection.
9 CFR Part 381
Poultry and poultry products.
Accordingly, 9 CFR parts 331 and 381 are amended as follows:
PART 331--SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES;
AND FOR DESIGNATION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH
AND FOR SUCH DESIGNATED ESTABLISHMENTS
1. The authority citation for part 331 continues to read as
follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53.
Sec. 331.2 [Amended]
2. The table in Sec. 331.2 is amended in the ``State'' column by
adding ``Alaska'' as the first entry immediately above ``Arkansas'' and
in the ``Effective date of application of Federal provisions'' column,
by adding ``July 31, 1999'' on the line with ``Alaska.''
Sec. 331. [Amended]
3. The table in Sec. 331.6 is amended by adding ``Alaska'' as the
first entry immediately above ``Arkansas'' under the ``Sections of act
and regulations'' columns titled ``Act, section 202; Secs. 320.1,
320.2, 320.3, and 320.4,'' ``Act, 203; Sec. 320.5,'' and ``Act, 204;
Secs. 325.20 and 325.21'' and in the ``Effective date of designation''
column by adding ``July 31, 1999'' on the line with ``Alaska.''
PART 381--POULTRY PRODUCTS INSPECTION
4. The authority citation for part 381 continues to read as
follows:
Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18,
2.53.
Sec. 381.221 [Amended]
5. The table in Sec. 381.221 is amended in the ``States'' column by
adding ``Alaska'' as the first entry immediately above ``Arkansas'' and
in the ``Effective date of application of Federal provisions'' column,
by adding ``July 31, 1999,'' on the line with ``Alaska.''
Sec. 381.224 [Amended]
6. The table in Sec. 381.224 is amended by adding ``Alaska'' as the
first entry immediately above ``Arkansas'' under the ``Paragraphs of
act and regulations'' columns titled ``Act, 11(b): Secs. 381.175-
381.178,'' ``Act, 11(c); Sec. 381.179,'' and ``Act, 11(d); 381.194''
and in the ``Effective date'' column by adding ``July 31, 1999'' on the
line with ``Alaska.''
Done at Washington, DC, on: July 7, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-17737 Filed 7-12-99; 8:45 am]
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