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.
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations 61011

SUMMARY: This document makes a

correction to Airworthiness Directive

(AD) 97–19–13 applicable to Pratt &

Whitney (PW) JT8D–200 series turbofan

engines that was published in the

Federal Register on September 19, 1997

(62 FR 49135). The paragraph references

to the Accomplishment Instructions of

PW Alert Service Bulletin (ASB) No.

5944, Revision 3, dated December 16,

1994, in paragraph (a)(3) of the

compliance section are incorrect. This

document corrects the paragraph

references. In all other respects, the

original document remains the same.

EFFECTIVE DATE: November 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Christopher Spinney, Aerospace

Engineer, Engine Certification Office,

FAA, Engine and Propeller Directorate,

12 New England Executive Park,

Burlington, MA 01803–5299; telephone

(781) 238–7175, fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: A final

rule airworthiness directive applicable

to Pratt & Whitney (PW) JT8D–200

series turbofan engines, was published

in the Federal Register on September

19, 1997 (62 FR 49135). The following

correction is needed:

§ 39.13 [Corrected]

On page 49136, in the third column,

in the Compliance Section, in paragraph

(a)(3), in the sixth line, ‘‘2.A.(2) (c) and

(d) or (f) and (g)’’ is corrected to read

‘‘2.A.(2) (a) and (b) or (d) and (e)’’.

Issued in Burlington, MA, on November 6,

1997.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 97–29968 Filed 11–13–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

New Animal Drugs For Use In Animal

Feeds; Carbarsone and Bacitracin Zinc

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of an abbreviated new animal

drug application (ANADA) filed by

Alpharma Inc. The ANADA provides for

using approved carbarsone and

bacitracin zinc Type A medicated

articles to make Type C medicated

turkey feeds used for prevention of

blackhead, increased rate of weight gain,

and improved feed efficiency.

EFFECTIVE DATE: November 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Jeffrey M. Gilbert, Center for Veterinary

Medicine (HFV–128), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1602.

SUPPLEMENTARY INFORMATION: Alpharma

Inc., One Executive Dr., P.O. Box 1399,

Fort Lee, NJ 07024, is sponsor of

ANADA 200–203 that provides for

combining approved carbarsone and

bacitracin zinc Type A medicated

articles to make Type C medicated feeds

for turkeys containing carbarsone 227 to

340.5 grams per ton (g/t) and bacitracin

zinc 4 to 45 g/t. The Type C medicated

feed is used as an aid in the prevention

of blackhead, for increased rate of

weight gain, and improved feed

efficiency. Alpharma Inc.’s, ANADA 200–203 is

approved as a generic copy of

Hoffmann-LaRoche’s NADA 136–484.

The ANADA is approved as of

November 14, 1997, and the regulations

are amended in § 558.120 (21 CFR

558.120) to reflect the approval. The

basis for approval is discussed in the

freedom of information summary. In addition, § 558.120 is revised by

redesignating paragraph (c) as (d), by

reserving paragraph (c), and newly

redesignated paragraph (d)(1)(iii)(b) is

amended to reflect the approval. In accordance with the freedom of

information provisions of 21 CFR part

20 and 514.11(e)(2)(ii), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, between

9 a.m. and 4 p.m., Monday through

Friday. The agency has determined under 21

CFR 25.33(a)(1) that this action is of a

type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

List of Subjects in 21 CFR Part 558

Animal drugs, Animal feeds.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 558 is amended as follows:

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

1. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

§ 558.120 [Amended]

2. Section 558.120 Carbarsone (not

U.S.P.) is amended by redesignating

paragraph (c) as paragraph (d), by

reserving paragraph (c), and in newly

redesignated paragraph (d)(1)(iii)(b) by

removing ‘‘No. 000004’’ and adding in

its place ‘‘Nos. 000004 and 046573’’.

Dated: October 22, 1997.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 97–30033 Filed 11–13–97; 8:45 am]

BILLING CODE 4160–01–F

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2200

Rules of Procedure for E–Z Trials

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Final rule; correcting

amendment.

SUMMARY: This document restores the

selection provision for commencing E–

Z Trial, 29 CFR 2200.203(a), which was

inadvertently removed.

DATES: November 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Earl R. Ohman, Jr., General Counsel,

(202) 606–5410, Occupational Safety

and Health Review Commission, 1120

20th Street NW., 9th Floor, Washington,

DC 20036–3419.

SUPPLEMENTARY INFORMATION: On

October 30, 1997, (62 FR 58650),

paragraph (a) of § 2200.203 was

inadvertently removed. In order for the

Rules of Procedures for E–Z trial to

operate effectively, paragraph (a) must

be restored.

List of Subjects in 29 CFR Part 2200

Administrative practice and

procedure, Hearing and appeal

procedures.

For the reasons set forth in the

preamble, the Occupational Safety and

Health Review Commission amends

Title 29, Chapter XX, Part 2200, Subpart

M of the Code of Federal Regulations as

follows:

PART 2200—RULES OF PROCEDURE

1. The authority citation continues to

read as follows:

Authority: 29 U.S.C. 661(g).

2. Section 2200.203 is amended by

adding paragraph (a), to read as follow: