[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54413-54414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26297]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 205 / Tuesday, October 24, 1995 / 
Rules and Regulations  

[[Page 54413]]


DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 331 and 381

[Docket No. 95-044F]


Designation of the State of Hawaii Under the Federal Meat 
Inspection Act and the Poultry Products Inspection Act

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: Representatives of Hawaii have advised the Agency that, due to 
a lack of funding, the State of Hawaii will no longer continue 
administering its State meat and poultry inspection programs after 
October 31, 1995. The Food Safety and Inspection Service (FSIS) is 
mandated by law to assume the responsibility, previously held by the 
State of Hawaii, for administering the meat and poultry inspection 
programs with respect to establishments operating, and operations and 
transactions, within the State. Therefore, in accordance with the law, 
the Secretary is designating the State of Hawaii to receive Federal 
inspection of meat and poultry inspection programs with respect to 
establishments operating, and operations and transactions, within the 
State, and FSIS is amending the Federal meat and poultry inspection 
regulations by adding Hawaii to the list of ``designated'' States.

DATES: This final rule will be effective on November 1, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Connie L. Bacon, Assistant 
Director, Federal-State Relations, Inspection Operations, Food Safety 
and Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250-3700, (202) 720-6313.

SUPPLEMENTARY INFORMATION:

Background

    Under section 301(c) of the Federal Meat Inspection Act (FMIA) and 
section 5(c) 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 Federal meat and poultry 
inspection requirements under titles I and IV of the FMIA and sections 
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 under these provisions of the Acts.
    In accordance with the FMIA and PPIA, the Secretary had determined 
that the State of Hawaii had developed and was enforcing State meat and 
poultry inspection requirements for establishments at least equal to 
Federal meat and poultry inspection requirements under the titles. 
However, on July 28, 1995, representatives of the State of Hawaii 
notified FSIS that, due to a lack of funding, Hawaii will no longer 
continue to administer its State meat and poultry inspection programs 
after October 31, 1995. They have requested that the Department assume 
responsibility for carrying out the provisions of the titles within the 
State.
    In view of the termination date, it is determined that the State of 
Hawaii would not effectively enforce requirements at least equal to 
those imposed under the titles. Therefore, the Secretary of Agriculture 
must designate the State of Hawaii under section 301(c)(3) of the FMIA 
and section 5(c)(3) of the PPIA. Therefore, on and after November 1, 
1995, the provisions of the titles will apply to establishments 
operating, and operations and transactions, within the State, unless 
exempted under sections 23(a) or 301(c)(2) of the FMIA or sections 15 
or 5(c)(2) of the PPIA.
    Owners or operators of Hawaii's meat and poultry establishments 
wishing to continue operations after October 31, 1995, should contact 
the FSIS Regional Office for information concerning requirements and 
exemptions under the Acts and applications for inspection and requests 
for surveys of establishments at the following address: Regional 
Director, Western Regional Office, Inspection Operations, FSIS, U.S. 
Department of Agriculture, 620 Central Avenue, Building 2C, Alameda, CA 
94501, (510) 337-5074.
    The Administrator has determined that there is good cause for 
issuing this final rule without prior notice and opportunity for public 
comment. Since the State of Hawaii 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 for 
establishments operating, and operations and transactions within the 
State. It is necessary therefore, to designate the State of Hawaii 
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 Acts.
    Additionally, 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 provisions 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 Hawaii, of 
administering the meat and poultry inspection programs with respect to 
meat and poultry establishments operating, and operations and 
transactions within the State. This action will affect approximately 46 
State and 11 Talmadge Aiken meat and poultry establishments in Hawaii, 
and most, if not all, of which may be presumed to be small businesses. 

[[Page 54414]]
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. 
Additionally, 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. 
Furthermore, it is not anticipated that significant costs will be 
incurred by these Hawaii establishments as a result of this action. 
Those specific establishments requiring some upgrading of facilities 
will be provided up to 18 months in which to submit blueprints and 
sketches and up to 36 months in which to improve their facilities.

Executive Order 12778

    This 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.

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 inspection.

    Accordingly, part 331 of the Federal meat inspection regulations (9 
CFR part 331) is amended to read 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 2.17, 2.55.


Sec. 331.2  Designation of States under paragraph 301(c) of the Act.

    2. The table in Sec. 331.2 of the Federal meat inspection 
regulations (9 CFR 331.2) is amended in the ``State'' column, by adding 
``Hawaii'' immediately below ``Guam'' and in the ``Effective date of 
application of Federal provisions'' column, by adding ``November 1, 
1995'' on the line with ``Hawaii.''

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    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.

    4. The table in Sec. 381.221 of the poultry products inspection 
regulations (9 CFR 381.221) is amended in the ``State'' column, by 
adding ``Hawaii'' is added immediately below ``Guam'' and in the 
``Effective date of application of Federal provisions'' column, by 
adding ``November 1, 1995'' on the line with ``Hawaii.''

    Done at Washington, DC, on: October 18, 1995.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-26297 Filed 10-23-95; 8:45 am]
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