[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Rules and Regulations]
[Pages 6886-6888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3164]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 99-059DF]


Termination of Designation of the State of Minnesota with Respect 
to the Inspection of Poultry and Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
poultry products inspection regulations by terminating the designation 
of the State of Minnesota under sections 1 through 4, 6 through 11, and 
12 through 22 of the Poultry Products Inspection Act.

DATES: This final rule is effective February 11, 2000.

ADDRESSES: Authorizing letters from Minnesota State officials are on 
file in the FSIS Docket Room, Room 102, Cotton Annex Building, 300 12th 
Street, SW, Washington, DC 20250-3700. The Docket Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday.

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:

[[Page 6887]]

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, 6-11, 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 Act have not been developed and 
effectively enforced by the State.
    On January 2, 1971 and May 16, 1972, the Secretary of Agriculture 
designated the State of Minnesota under section 5(c) of the PPIA (21 
U.S.C.) and section 301(c) (21 U.S.C. 661(c)) of the Federal Meat 
Inspection Act (FMIA) as a State in which the U.S. Department of 
Agriculture (USDA) is responsible for providing meat and poultry 
products inspection at eligible establishments and otherwise enforcing 
the applicable provisions of PPIA and FMIA with regard to intrastate 
activities in the State.
    In addition, on January 31, 1975 (40 FR 4646), a document was 
published in the Federal Register announcing that effective on that 
date, USDA would assume the responsibility of administering the 
authorities provided under sections 202, 203, and 204 (21 U.S.C. 642, 
643, and 644) of the FMIA and sections 11(b) and (c)(21 U.S.C. 460(b) 
and (c)) of the PPIA regarding certain categories of processors of meat 
and poultry products.
    These designations were undertaken by USDA when it was determined 
that the State of Minnesota was not in a position to enforce meat and 
poultry inspection requirements under State laws for products in 
intrastate commerce that were at least ``equal to'' the requirements of 
the PPIA and FMIA as enforced by USDA.
    In 1998, the Governor of the State of Minnesota informed FSIS that 
Minnesota 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 for products in interstate 
commerce. Therefore, the designations of Minnesota under Titles I, II, 
and IV of FMIA were terminated, effective December 28, 1998. However, 
the designation of the State of Minnesota under the appropriate 
provisions of the PPIA has remained in effect since that time.
    Section 5(c) of the PPIA 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 USDA under the PPIA, 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 Minnesota has developed and will enforce such a State poultry 
products inspection program in accordance with applicable provisions of 
the PPIA. In addition, the Secretary has determined that the State of 
Minnesota also is in a position to enforce effectively the provisions 
of sections 1-4, 6-11, and 12-22 of the PPIA. Therefore, the 
designations of the State of Minnesota under these sections are 
terminated.
    Because 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. It will not 
cause a major increase in costs or prices for consumers, individual 
industries, governments, or geographic regions. Terminating the 
designation of the State of Minnesota will provide for the State to 
assume the responsibility, previously limited to USDA, of administering 
a poultry products inspection program for intrastate operations and 
transactions and for ensuring compliance by persons, firms, and 
corporations engaged in intrastate commerce in specified kinds of 
businesses. Qualifying businesses will have the option to operate under 
State inspection as an alternative to Federal inspection. The State of 
Minnesota will be required to administer the poultry products 
inspection program in a manner that is at least ``equal to'' the 
inspection program administered by USDA.

Effect on Small Entities

    The Administrator has made an initial determination that this final 
rule would 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). As stated above, the State of Minnesota is assuming a 
responsibility, previously limited to USDA, of administering the 
poultry products inspection program for intrastate poultry operations 
and transactions.

Additional Public Notification

    FSIS has considered the potential civil rights impact of this final 
rule on minorities, women, and persons with disabilities. FSIS 
anticipates that this final rule will not have a negative or 
disproportionate impact on minorities, women, or persons with 
disabilities. However, final rules generally are designed to provide 
information and receive public comments on issues that may lead to new 
or revised Agency regulations or instructions. 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 informed about the mechanism for 
providing their comments, 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 would be of interest to our 
constituents/stakeholders. The constituent fax list consists of 
industry, trade, and farm groups, consumer interest groups, allied 
health professionals, scientific professionals, and other individuals 
who have requested to be included. Through these various channels, FSIS 
is able to provide information to a much broader, more diverse 
audience. For more information and to be added to the constituent fax 
list, fax your request to the Congressional and Public Affairs Office, 
at (202) 720-5704.

List of Subjects in 9 CFR Part 381

    Poultry and poultry products.

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

PART 381--[AMENDED]

    1. 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.


Sec. 381.221  [Amended]

    2. Section 381.221 is amended by removing ``Minnesota'' from the 
States column and by removing the corresponding date.

[[Page 6888]]

Sec. 381.224  [Amended]

    3. Section 381.224 is amended by removing ``Minnesota'' from the 
``State'' column in two places and by removing the corresponding dates.

    Done at Washington, DC, on February 4, 2000.
Thomas J. Billy,
Administrator.
[FR Doc. 00-3164 Filed 2-10-00; 8:45 am]
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