[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Rules and Regulations]
[Pages 62579-62581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26658]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 331

[Docket No. 00-038F]


Termination of Designation of the State of North Dakota with 
Respect to the Inspection of Meat and Meat Food Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal meat inspection regulations 
by terminating the designation of the State of North Dakota under 
Titles I, II, and IV of the Federal Meat Inspection Act (FMIA). The 
State of North Dakota has enacted a State meat inspection program law 
and regulations that impose

[[Page 62580]]

inspection requirements that are at least equal to those requirements 
of the FMIA. The State of North Dakota will remain designated under 
sections 1-4, 6-10, and 12-22 of the Poultry Products Inspection Act 
(PPIA).

DATES: The effective date of this final rule is October 15, 2000.

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)), respectively, authorize the Secretary of 
Agriculture to designate a State as one in which the provisions of 
Titles I and IV of the FMIA and sections 1-4, 6-10, 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 June 22, 1970, and January 2, 1971, the Secretary designated the 
State of North Dakota under section 301(c) of the FMIA and section 5(c) 
of the PPIA respectively 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 July 23, 1973, and October 29, 1975, the Federal 
Government assumed the responsibility of administering the authorities 
provided for under sections 202, 203, and 204 of the FMIA (21 U.S.C. 
642, 643, and 644) and sections 11(b) and (c) of the PPIA (21 U.S.C. 
460 (b) and (c)) respectively regarding certain classes of operators of 
meat and poultry products in North Dakota.
    These designations were undertaken by the Department when it 
determined that the State of North Dakota 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 Commissioner of Agriculture of the State of North Dakota has 
advised FSIS that on October 15, 2000, the State of North Dakota will 
be in a position to administer a State meat inspection program that 
includes requirements at least ``equal to'' those imposed under the 
Federal meat inspection program. The Commissioner of Agriculture of the 
State of North Dakota also has advised FSIS that the State, at this 
time, will remain designated for poultry products under the PPIA.
    Section 301(c)(3) of the FMIA provides that whenever the Secretary 
of Agriculture determines that any designated State has developed and 
will enforce State meat inspection requirements at least ``equal to'' 
those imposed by the Federal Government under Titles I and IV of the 
FMIA, with regard to intrastate operations and transactions within the 
State, the Secretary will terminate the designation of such State. The 
Secretary has determined that the State of North Dakota has developed, 
and will enforce, such a State meat inspection program in accordance 
with such provisions of Titles I and IV of the FMIA. In addition, the 
Secretary has determined that the State of North Dakota is in a 
position to enforce effectively the provisions of sections 202, 203, 
and 204 of the FMIA. The designation of the State of North Dakota under 
sections 1-4, 6-10, and 12-22 of the PPIA will remain in effect and is 
not terminated.
    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 public procedure is impracticable and 
unnecessary.

Executive Order 12866

    This final rule is issued in conformance with Executive Order 12866 
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 North Dakota is assuming 
a responsibility, previously limited to the Federal Government, of 
administering the meat inspection program for intrastate operations and 
transactions. The State's poultry products inspection program, at this 
time, will remain designated. No additional requirements are being 
imposed on small entities.

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://www.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 in 9 CFR Part 331

    Meat inspection.

    Part 331 of the Federal meat inspection regulations (9 CFR Part 331 
is amended to read 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 Sec. 331.2 of the Federal meat inspection 
regulations is amended by removing the entry for ``North Dakota.''


Sec. 331.6  [Amended]

    2. Section 331.6 of the Federal meat inspection regulations is 
amended by removing the entries for ``North Dakota'' each place it 
appears.


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    Done in Washington, DC, on: October 12, 2000.
Thomas J. Billy,
Administrator.
[FR Doc. 00-26658 Filed 10-18-00; 8:45 am]
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