[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Rules and Regulations]
[Pages 2206-2207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-743]
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DEPARTMENT OF AGRICULTURE
9 CFR Parts 331 and 381
[Docket No. 00-052F]
Termination of Designation of the State of Missouri With Respect
to the Inspection of Meat and Meat Food Products and Poultry and
Poultry Food Products
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Final rule and termination of designation.
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SUMMARY: This final rule amends the Federal meat and poultry products
inspection regulations by terminating the designation of the State of
Missouri under Titles I, II, and IV of the Federal Meat Inspection Act
(FMIA) and under sections 1 through 4, 6 through 11, and 12 through 22
of the Poultry Products Inspection Act (PPIA).
DATES: This final rule is effective January 1, 2001.
FOR FURTHER INFORMATION CONTACT: Dr. William F. Leese, Director,
Federal-State Relations Staff, Food Safety and Inspection Service;
telephone (202) 418-8900 or fax (202) 418-8834.
SUPPLEMENTARY INFORMATION:
Background
Section 301(c) of the FMIA (21 U.S.C. 661(c)) and section 5(c) of
the PPIA (21 U.S.C. 454(c)) authorize the Secretary of Agriculture
(Secretary) to designate a State as one in which the provisions of
Titles I and IV of the FMIA and sections 1-4, 6-11, and 12-22 of the
PPIA will apply to operations and transactions wholly within the State
after the Secretary has determined that requirements at least ``equal
to'' those imposed under the Acts have not been developed and
effectively enforced by the State.
On August 18, 1972, the Secretary designated the State of Missouri
under section 301(c) of the FMIA and section 5(c) of the PPIA as a
State in which the Federal Government is responsible for providing meat
and poultry inspection at eligible establishments and for otherwise
enforcing the applicable provisions of the FMIA and the PPIA with
regard to intrastate activities in the State.
In addition, on January 31, 1975, the Federal Government assumed
the responsibility of administering the authorities provided for under
sections 202 and 203 of the FMIA (21 U.S.C. 642 and 643) and sections
11(b) and (c) of the PPIA (21 U.S.C. 460(b) and (c)) regarding certain
classes of operators of meat and poultry products in Missouri.
[[Page 2207]]
These designations were undertaken by the Secretary when he
determined that the State of Missouri was not in a position to enforce
requirements that are at least ``equal to'' the requirements of FMIA
and PPIA enforced by the Federal Government.
The Director of Agriculture of the State of Missouri has advised
FSIS that on January 1, 2001, the State of Missouri will be in a
position to administer a State meat and poultry products inspection
program that includes requirements at least ``equal to'' those imposed
under the Federal meat and poultry products inspection program.
Section 301(c) of the FMIA and section 5(c) of the PPIA provide
that whenever the Secretary of Agriculture determines that any
designated State has developed and will enforce State meat and poultry
products inspection requirements at least ``equal to'' those imposed by
the Federal Government under the FMIA and the PPIA with regard to
intrastate operations and transactions, the Secretary will terminate
the designation of such State. The Secretary has determined that the
State of Missouri has developed, and will enforce, such a State meat
and poultry products inspection program in accordance with the
applicable provisions of the FMIA and the PPIA.
Since it does not appear that public participation in this matter
would make additional relevant information available to the Secretary
under the administrative procedure provisions in 5 U.S.C. 553, it is
found upon good cause that such procedure is impracticable and
unnecessary.
Executive Order 12866
This final rule is issued in conformance with Executive Order 12886
and has been determined not to be a major rule. It will not result in
an annual effect on the economy of $100 million or more and will not
adversely affect the economy or any segment of the economy. Because
this final rule is not a significant rule under Executive Order 12866,
it has not undergone review by the Office of Management and Budget.
Effect on Small Entities
The FSIS Administrator has determined that this action will not
have a significant economic impact on a substantial number of small
entities, as defined by the Regulatory Flexibility Act (Pub. L. 96-354;
6 U.S.C. 601). As stated above, the State of Missouri is assuming a
responsibility, previously limited to the Federal Government, of
administering the meat and poultry products inspection program for
intrastate operations and transactions.
Additional Public Notification
FSIS has considered the potential civil rights impact of this final
rule on minorities, women, and persons with disabilities. Public
involvement in all segments of rulemaking and policy development is
important. Consequently, in an effort to better ensure that minorities,
women, and persons with disabilities are aware of this rulemaking, FSIS
will announce it and provide copies of this Federal Register
publication in the FSIS Constituent Update.
FSIS provides a weekly Constituent Update, which is communicated
via fax to more than 300 organizations and individuals. In addition,
the update is available on-line through the FSIS web page located at
http://fsis.usda.gov. The update is used to provide information
regarding FSIS policies, procedures, regulations, Federal Register
notices, FSIS public meetings, recalls, and any other types of
information that could affect or be of interest to our constituents and
shareholders. The constituent fax list consists of industry, trade, and
farm groups, consumer interest groups, allied health professionals, and
other persons who have requested to be included. Through these various
channels, FSIS is able to provide information to a much broader and
diverse audience. For more information and to be added to the
constituent fax list, fax your request to (202) 720-5704.
List of Subjects
9 CFR Part 331
Meat inspection.
9 CFR Part 381
Poultry and poultry products.
Accordingly, parts 331 and 381 are amended as follows:
PART 331--[AMENDED]
The authority citation for part 331 continues to read as follows:
Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.
Sec. 331.2 [Amended]
1. The table in section 331.2 is amended by removing ``Missouri''
from the ``State'' column and by removing the corresponding date.
Sec. 331.6 [Amended]
2. The table in section 331.6 is amended by removing ``Missouri''
from the ``State'' column in two places and by removing the
corresponding dates.
PART 381--[AMENDED]
3. 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]
4. The table in section 381.221 is amended by removing ``Missouri''
from the ``States'' column and by removing the corresponding date.
Sec. 381.224 [Amended]
5. The table in section 381.224 is amended by removing ``Missouri''
from the ``State'' column in two places and by removing the
corresponding dates.
Done in Washington, DC, on: January 5, 2001.
Thomas J. Billy,
Administrator.
[FR Doc. 01-743 Filed 1-10-01; 8:45 am]
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