[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37666-37667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17737]



[[Page 37666]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 331 and 381

[Docket No. 99-036F]


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

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that representatives of the State of Alaska have advised the Department 
of Agriculture that, because of a lack of funding, the State of Alaska 
will stop administering its State meat and poultry inspection programs 
after July 30, 1999. FSIS is mandated by law to assume responsibility 
for administering the meat and poultry inspection programs with respect 
to operations and transactions within Alaska. Therefore, in accordance 
with the law, the Secretary of Agriculture is designating the State of 
Alaska 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 Alaska to the list of 
``designated'' States.

EFFECTIVE DATE: This final rule will be effective on July 31, 1999.

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) 418-8897.

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 that it 
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 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, 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 Alaska 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 June 14, 1999, representatives of the State of Alaska 
notified FSIS that, because of a lack of funding, Alaska will no longer 
continue to administer its State meat and poultry inspection programs 
after July 30, 1999. The representatives have requested that the 
Department assume responsibility for the meat and poultry inspection 
programs.
    In view of the termination date, FSIS has determined that the State 
of Alaska would not effectively enforce requirements at least equal to 
those imposed under the titles. Therefore, the Secretary of Agriculture 
must designate the State of Alaska under section 301(c)(3) of the FMIA 
and section 5(c)(3) of the PPIA. On and after July 31, 1999, the 
provisions of the titles will apply to operations and transactions 
within the State of Alaska, 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 Alaska's meat and poultry establishments 
wishing to continue operations after July 30, 1999, must contact the 
FSIS District Office in Salem, Oregon, 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, 530 Center Street, NE, 
Mezzanine Level, Salem, Oregon 97301.
    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 Alaska 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 Alaska 
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, FSIS finds good cause to 
conclude 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 Alaska, of 
administering the meat and poultry inspection programs with respect to 
operations and transactions within the State of Alaska. This action 
will affect approximately 13 State meat and poultry establishments that 
require inspection in Alaska, most, if not all, of which may be 
presumed to be very small businesses. However, this is not a 
substantial number of establishments given the approximately 5,790 very 
small meat and very 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 Alaska 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

[[Page 37667]]

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.


Sec. 331.2  [Amended]

    2. The table in Sec. 331.2 is amended in the ``State'' column by 
adding ``Alaska'' as the first entry immediately above ``Arkansas'' and 
in the ``Effective date of application of Federal provisions'' column, 
by adding ``July 31, 1999'' on the line with ``Alaska.''


Sec. 331.  [Amended]

    3. The table in Sec. 331.6 is amended by adding ``Alaska'' as the 
first entry immediately above ``Arkansas'' under the ``Sections of act 
and regulations'' columns titled ``Act, section 202; Secs. 320.1, 
320.2, 320.3, and 320.4,'' ``Act, 203; Sec. 320.5,'' and ``Act, 204; 
Secs. 325.20 and 325.21'' and in the ``Effective date of designation'' 
column by adding ``July 31, 1999'' on the line with ``Alaska.''

PART 381--POULTRY PRODUCTS INSPECTION

    4. 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.


Sec. 381.221  [Amended]

    5. The table in Sec. 381.221 is amended in the ``States'' column by 
adding ``Alaska'' as the first entry immediately above ``Arkansas'' and 
in the ``Effective date of application of Federal provisions'' column, 
by adding ``July 31, 1999,'' on the line with ``Alaska.''


Sec. 381.224  [Amended]

    6. The table in Sec. 381.224 is amended by adding ``Alaska'' as the 
first entry immediately above ``Arkansas'' under the ``Paragraphs of 
act and regulations'' columns titled ``Act, 11(b): Secs. 381.175-
381.178,'' ``Act, 11(c); Sec. 381.179,'' and ``Act, 11(d); 381.194'' 
and in the ``Effective date'' column by adding ``July 31, 1999'' on the 
line with ``Alaska.''

    Done at Washington, DC, on: July 7, 1999.
Thomas J. Billy,
Administrator.
[FR Doc. 99-17737 Filed 7-12-99; 8:45 am]
BILLING CODE 3410-DM-P