[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53186-53188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24571]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 99-016F]


Scale Requirements for Accurate Weights, Repairs, Adjustments, 
and Replacement After Inspection

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
Federal meat and poultry products inspection regulations to update 
references to the National Institute of Standards and Technology (NIST) 
Handbook 44, ``Specifications, Tolerances, and Other Technical 
Requirements for Measuring Devices.'' The 1999 edition of NIST Handbook 
44 was published in November 1998 and is the most current edition of 
the handbook. FSIS is amending the provisions in its regulations that 
reference NIST Handbook 44 to reflect this most recent edition.

DATES: This rule will be effective on November 30, 1999, unless the 
Agency receives written adverse comments

[[Page 53187]]

within the scope of the rulemaking or written notice of intent to 
submit adverse comments within the scope of the rulemaking on or before 
November 1, 1999. If the agency receives relevant adverse comments, it 
will publish a timely withdrawal of the rule, and it will not take 
effect. The incorporation by reference of the publication listed in the 
rule is approved by the Director of the Federal Register as of November 
30, 1999.

ADDRESSES: Adverse comments within the scope of the rulemaking or 
notice of intent to submit adverse comments within the scope of the 
rulemaking should be sent in triplicate to FSIS Docket Clerk, DOCKET 
99-016F, Room 102 Cotton Annex Building, FSIS, U.S. Department 
of Agriculture, Washington, DC 20250-3700. All comments submitted in 
response to this direct final rule will be available for public 
inspection in the Docket Clerk's Office between 8:30 a.m. and 4:30 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Daniel L. Engeljohn, Ph.D., Director, 
Regulations Development and Analysis Division, Office of Policy, 
Program Development, and Evaluation, Food Safety and Inspection 
Service, U.S. Department of Agriculture, (202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

    Under Title 1 of the Code of Federal Regulations (1 CFR Part 51), 
an agency seeking approval of a change to a publication that is 
approved for incorporation by reference in the Code of Federal 
Regulations (CFR) must publish a notice of the change in the Federal 
Register and amend the CFR. The agency must also ensure that a copy of 
the amendment or revision is on file at the Office of the Federal 
Register and notify the Director of the Federal Register in writing 
that the change is being made.
    Accordingly, FSIS has reviewed the most recent publication of NIST 
Handbook 44 as it pertains to meat products and poultry products and 
has reviewed the FSIS regulations that reference the handbook. In this 
direct final rule, FSIS is amending its regulations to change 
references to NIST Handbook 44 from the 1994 edition, published in 
November 1993, to the 1999 edition, published in November 1998.
    The changes to the General Scales Codes of NIST Handbook 44 from 
1993 through 1998 primarily recognize new features and capabilities of 
scales. These changes were adopted to give scale manufacturers more 
flexibility in scale design and to allow them to incorporate features 
that better meet the needs of the users. Although NIST Handbook 44 
addresses a wide range of scales, the following summary describes the 
most significant changes adopted in the handbook from 1993 to 1998 that 
are applicable to scales used to weigh meat products and poultry 
products produced at meat and poultry establishments.
    The new provisions allow scales used in retail stores to compute 
unit prices on the basis of price per 100 grams or price per kilogram 
and permit operator keys to be marked with standardized pictograms. 
Other changes permit scales to weigh to 105 percent of their capacity 
when tare is deducted. This change clarifies a requirement that limited 
device indications. Another general requirement exempts new weighing 
systems from specific technical requirements for load cells if the 
device is traceable to a Certificate of Conformance issued by the 
National Type Evaluation Program.
    The most significant change was the adoption of Section 2.24 
Automatic Weighing Systems in the 1998 edition of Handbook 44, 
published in November 1997, which established specifications, 
tolerances, and other technical requirements for weigh-labelers and 
automatic checkweighers. This section was developed by the National 
Conference on Weights and Measures (NCWM) and NIST at the request of 
FSIS, so that these types of devices, which are primarily used in 
weighing, labeling, or checkweighing packages, could be tested to 
ensure conformance with a nationally accepted standard.
    Copies of the 1999 edition of NIST Handbook 44 are on file at the 
Office of the Federal Register. Copies of the publication may be 
purchased from the Superintendent of Documents, Government Printing 
Office, Washington, DC 20402.

Effective Date

    FSIS is publishing this rule without prior proposal because it 
views this action as non-controversial 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 FSIS receives written adverse comments within the scope of the 
rulemaking, or written notice of intent to submit adverse comments 
within the scope of the rulemaking, within 30 days of the date of 
publication of this rule in the Federal Register. If written adverse 
comments within the scope of the rulemaking are received, the final 
rulemaking notice will be withdrawn, and a proposed rulemaking notice 
will establish a comment period.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule (1) preempts all State and local law 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.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined not to be significant for purposes of 
Executive Order 12866 and therefore, has not been reviewed by the 
Office of Management and Budget.
    The Administrator, FSIS, has determined that this 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). 
This direct final rule merely updates the FSIS regulations to reflect 
the current standards used by weights and measures officials to 
evaluate the technical requirements for devices used to weigh meat and 
poultry products. The 1999 edition of NIST Handbook 44 is currently 
available and being used by scale manufacturers and weights and 
measures officials.

List of Subjects

9 CFR Part 317

    Incorporation by reference, Meat inspection, Net weight.

9 CFR Part 381

    Incorporation by reference, Net weight, Poultry and product 
products.

    For the reasons set out in the preamble, 9 CFR parts 317 and 381 
are amended as set forth below.

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

    1. The authority citation for Part 317 continues to read as 
follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.


Sec. 317.20  [Amended]

    2. Section 317.20 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 317.20  Scale requirements for accurate weights, repairs, 
adjustments, and replacement after inspection.

    (a) * * * Such scales shall meet the applicable requirements 
contained in National Institute of Standards and

[[Page 53188]]

Technology Handbook 44, ``Specifications, Tolerances, and Other 
Technical Requirements for Weighing and Measuring Devices,'' 1999 
Edition, November 1998, which is incorporated by reference. * * *
* * * * *

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    3. The authority citation for part 381 continues to read as 
follows:

    Authority: 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 2.17, 2.55.


Sec. 381.121c  [Amended]

    4. Section 381.121c is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 381.121c  Scale requirements for accurate weights, repairs, 
adjustments, and replacement after inspection.

    (a) * * * Such scales shall meet the applicable requirements 
contained in National Institute of Standards and Technology (NIST) 
Handbook 44, ``Specifications, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices,'' 1999 Edition, 
November 1998, which is incorporated by reference. * * *
* * * * *
Thomas J. Billy,
Administrator.
[FR Doc. 99-24571 Filed 9-30-99; 8:45 am]
BILLING CODE 3410-DM-P