[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49494-49495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23741]



-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 95-037DF]


Termination of Designation of the State of West Virginia With 
Respect to the Inspection of Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service is amending the poultry 
products inspection regulations by terminating the designation of the 
State of West Virginia under sections 1 through 4, 6 through 10 and 12-
22 of the Poultry Products Inspection Act.

DATES: This notice of termination of designation rule will be effective 
on November 27, 1995 unless the Agency receives written adverse 
comments or written notice of intent to submit adverse comments on or 
before October 26, 1995.

ADDRESSES: Please send an original and two copies of written adverse 
comments or notice of intent to submit adverse comments to: FSIS Docket 
Clerk, DOCKET #95-037DF, Regulations Development, Policy, Evaluation 
and Planning Staff, Room 4352, South Building, Food Safety and 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250. All comments received will be available for public inspection 
from 8:30 a.m. to 1:00 p.m., and from 2:00 p.m. to 4:30 p.m., Monday 
through Friday, in Room 4352, South Agriculture Building, 14th and 
Independence Avenue, SW., Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Dr. Connie L. Bacon, Acting Director, 
Federal-State Relations, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Washington, DC 20250, (202) 720-6313.

SUPPLEMENTARY INFORMATION:

Background

    Section 5(c) of the Poultry Products Inspection Act (PPIA) (21 
U.S.C. 454(c)) authorizes the Secretary of Agriculture to designate a 
State as one in which the provisions of sections 1-4, 6-10, and 12-22 
of the PPIA shall apply to operations and transactions wholly within 
the State after he/she has determined that requirements at least equal 
to those imposed under the Act have not been developed and effectively 
enforced by the State.
    On December 3, 1970 (35 FR 18410) notice was published in the 
Federal Register announcing that the Secretary of Agriculture was 
designating the State of West Virginia, under paragraph 5(c) (21 U.S.C. 
454(c)) of the PPIA, as a State in which this Department is responsible 
for providing poultry products inspection at eligible establishments 
and for otherwise enforcing the applicable provisions of the PPIA with 
respect to intrastate activities in the State.
    In addition, on November 12, 1976 (41 FR 49969), a notice was 
published in the Federal Register announcing that, effective on that 
date, this Department would assume the responsibility of administering 
the authorities provided for under sections 11(b), (c), and (d) (21 
U.S.C. 460(b), (c) and (d)) of the PPIA regarding certain categories of 
processors of poultry products.
    The aforementioned designation was undertaken by the Department 
when it was determined that the State of West Virginia was not in a 
position to enforce inspection requirements under State laws for 
poultry and poultry products in intrastate commerce that are at least 
``equal to'' the requirements of the PPIA enforced by the Federal 
Government.
    The Commissioner of Agriculture of the State of West Virginia has 
advised this Department that effective November 27, 1995, the State of 
West Virginia will be in a position to administer a State poultry 
inspection program which includes requirements at least ``equal to'' 
those imposed under the Federal poultry products inspection program for 
poultry and poultry products in interstate commerce.
    Section 5(c)(3) of the PPIA provides that whenever the Secretary of 
Agriculture determines that any designated State has developed and will 
enforce State poultry products inspection requirements at least ``equal 
to'' those imposed by the Federal Government under the PPIA, with 
respect to intrastate operations and transactions within the State, he 
shall terminate the designation of such State. The Secretary has 
determined that the State of West Virginia has developed and will 
enforce such a State poultry products inspection program in accordance 
with the said provisions of the PPIA. In addition, the Secretary has 
determined that the State of West Virginia is also in a position to 
enforce effectively the provisions of section 11(b), (c), and (d) of 
the PPIA. Therefore, the designation of the State of West Virginia 
under those sections and sections 1-4, 6-10, and 12-22 of the PPIA is 
hereby terminated.

Effective Date

    The Agency is publishing this rule without prior proposal because 
this action is viewed as noncontroversial and anticipates no adverse 
public comment. This rule will be effective, as published in this 
document, 60 days after the date of publication in the Federal Register 
unless the Agency receives written adverse comments within 30 days of 
the date of publication of this rule in the Federal Register.
    Adverse comments are comments that suggest the rule should not be 
adopted or that suggest the rule should be changed. If the Agency 
receives written adverse comments, a notice will be published in the 
Federal Register withdrawing this rule before the effective date and 
publish a proposed rule for public comment. Following the close of that 
comment period, the comments will be considered, and a final rule 
addressing the comments will be published.

Executive Order 12866

    This direct 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.

Executive Order 12778

    This direct final rule has been reviewed under Executive Order 
12778, Civil Justice Reform. This rule: (1) preempts all 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.

Effect on Small Entities

    The Administrator, FSIS, has made a determination that this direct 
final rule will not have a significant economic impact on a substantial 
number of small entities, as defined by the Regulatory 

[[Page 49495]]
Flexibility Act (5 U.S.C. 601). This direct final rule will terminate 
the designation of the State of West Virginia under sections 1 through 
4, 6 through 10 and 12-22 of the Poultry Products Inspection Act.

List of Subjects in 9 CFR Part 381

    Poultry and poultry products.

    Accordingly, Part 381 of the poultry products inspection 
regulations (9 CFR 381) is amended as follows:

PART 381--[AMENDED]

    1. The authority citation for Sec. 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]

    2. Section 381.221 is amended by deleting ``West Virginia'' from 
the ``State'' column and by deleting the date which was added on the 
line with ``West Virginia''.


Sec. 381.224  [Amended]

    3. Section 381.224 is amended by deleting ``West Virginia'' from 
the ``State'' column in three places and by deleting the dates which 
were added on the lines with ``West Virginia'' in three places.

    Done at Washington, DC, on: September 20, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-23741 Filed 9-25-95; 8:45 am]
BILLING CODE 3410-DM-P