Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations 61009

1A copy of FSIS’s ‘‘Guidelines for Escherichia

coli Testing for Process Control Verification in

Poultry Slaughter Establishments’’ and ‘‘FSIS

Turkey Microbiological Procedures for Sponge

Sample Collection and Methods of Analysis’’ are

available for inspection in the FSIS Docket Room.

TABLE 2.—SALMONELLA PERFORMANCE STANDARDS

Class of product

Performance

standard

(percent

positive for

Salmonella) a

Number of

samples

tested

(n)

Maximum

number of

positives to

achieve

standard

(c)

Steers/heifers ......................................................................................................................................... 1.0 82 1

Cows/bulls .............................................................................................................................................. 2.7 58 2

Ground beef ........................................................................................................................................... 7.5 53 5

Hogs ....................................................................................................................................................... 8.7 55 6

Fresh pork sausages .............................................................................................................................. 30 53 18

aPerformance Standards are FSIS’s calculation of the national prevalence of Salmonella on the indicated raw product based on data developed by FSIS in its nationwide microbiological data collection programs and surveys. (Copies of Reports on FSIS’s Nationwide Microbiological

Data Collection Programs and Nationwide Microbiological Surveys used in determining the prevalence of Salmonella on raw products are available in the FSIS Docket Room.)

* * * * *

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

3. 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.

Subpart K—Post Mortem Inspection;

Disposition of Carcasses and Parts

4. Section 381.94 is amended by

revising paragraph (a)(2)(ii) to read as

follows:

§ 381.94 Contamination with

microorganisms; process control

verification criteria and testing; pathogen

reduction standards.

(a) * * *

(2) Sampling requirements.

(ii) Sample collection. A whole bird

must be taken from the end of the

chilling process. If this is impracticable,

the whole bird can be taken from the

end of the slaughter line. Samples must

be collected by rinsing the whole

carcass in an amount of buffer

appropriate for that type of bird.

Samples from turkeys also may be

collected by sponging the carcass on the

back and thigh.1

* * * * *

PART 417—HAZARD ANALYSIS AND

CRITICAL CONTROL POINT (HACCP)

SYSTEMS

3. The authority citation for part 417

continues to reads as follows:

Authority: 7 U.S.C. 450; 21 U.S.C. 451–

470, 601–695; 7 U.S.C. 1901–1906; 7 CFR

2.18, 2.53.

§ 417.2 Hazard Analysis and HACCP Plan.

4. Section 417.2 is amended by

revising paragraph (e) to read as follows:

* * * * *

(e) Pursuant to 21 U.S.C. 456, 463,

608, and 621, the failure of an

establishment to develop and

implement a HACCP plan that complies

with this section, or to operate in

accordance with the requirements of

this part, may render the products

produced under those conditions

adulterated.

Done at Washington, DC, on November 4,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–29929 Filed 11–13–97; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 331 and 381

[Docket No. 97–050F]

Designation of the State of Florida

Under the Federal Meat Inspection Act

and the Poultry Products Inspection

Act

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Final rule.

SUMMARY: Representatives of the State of

Florida have advised the Agency that,

because of a lack of funding, the State

of Florida will no longer continue

administering its State meat and poultry

inspection programs after November 30,

1997. The Food Safety and Inspection

Service (FSIS) is mandated by law to

assume the responsibility, previously

held by the State of Florida, for

administering the meat and poultry

inspection programs with respect to

operations and transactions within the

State of Florida. Therefore, in

accordance with the law, the Secretary

of Agriculture is designating the State of

Florida 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 Florida to the list of

‘‘designated’’ States.

DATES: This final rule will be effective

on December 2, 1997.

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) 720–6313.

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 the State 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 section 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, then 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 Florida had developed and

was enforcing State meat and poultry

inspection requirements for

establishments at least equal to Federal

meat and poultry inspection
61010 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations

requirements under the titles. However,

on July 23, 1997, representatives of the

State of Florida notified FSIS that,

because of a lack of funding, Florida

will no longer continue to administer its

State meat and poultry inspection

programs after November 30, 1997. The

representatives have requested that the

Department assume responsibility for

the meat and poultry inspection

programs.

In view of the termination date, it is

determined that the State of Florida

would not effectively enforce

requirements at least equal to those

imposed under the titles. Therefore, the

Secretary of Agriculture must designate

the State of Florida under section

301(c)(3) of the FMIA and section 5(c)(3)

of the PPIA. Therefore, on and after

December 2, 1997, the provisions of the

titles will apply to operations and

transactions within the State of Florida,

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 Florida’s meat

and poultry establishments wishing to

continue operations after November 30,

1997, must contact the FSIS District

Office 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, 100 Alabama Street, SW, Suite

3R90, Atlanta, GA 30303.

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 Florida

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 Florida 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, it is found upon good cause 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 Florida, of

administering the meat and poultry

inspection programs with respect to

operations and transactions within the

State of Florida. This action will affect

approximately 122 State, 26 custom

exempt, and 0 Talmadge Aiken meat

and poultry establishments in Florida,

and most, if not all, of which may be

presumed to be small businesses.

However, this is not a substantial

number of establishments given the

approximately 6,800 small meat and

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 Florida

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

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.

§ 331.2 [Amended]

2. The table in section 331.2 is

amended in the ‘‘State’’ column by

adding ‘‘Florida’’ immediately below

‘‘Connecticut’’ and in the ‘‘Effective date

of application of Federal provisions’’

column, by adding ‘‘Dec. 2, 1997’’ on

the line with ‘‘Florida.’’

PART 381—POULTRY PRODUCTS

INSPECTION

3. 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.

§ 381.221 [Amended]

4. The table in section 381.221 is

amended in the ‘‘States’’ column by

adding ‘‘Florida’’ immediately below

‘‘Connecticut’’ and in the ‘‘Effective date

of application of Federal provisions’’

column, by adding ‘‘Dec. 2, 1997,’’ on

the line with ‘‘Florida.’’

Done at Washington, DC, on: November 4,

1997.

Thomas J. Billy,

Administrator.

[FR Doc. 97–29928 Filed 11–13–97; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–ANE–35; Amendment 39–

10134; AD 97–19–13]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT8D–200 Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.