[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Rules and Regulations]
[Pages 61767-61769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24979]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 331 and 381

[Docket No. 02-028F]


Termination of Designation of the State of Maine With Respect to 
the Inspection of Meat and Meat Food Products and Poultry and Poultry 
Food Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule and termination of designation.

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SUMMARY: This direct final rule amends the Federal meat and poultry 
products inspection regulations by terminating the designation of the 
State of Maine under Titles I, II, and IV of the Federal Meat 
Inspection Act (FMIA) and under sections 1 through 4, 6 through 11, and 
12 through 22 of the Poultry Products Inspection Act (PPIA).

DATES: This direct final rule will be effective November 1, 2002 unless 
FSIS receives written adverse comments within the scope of this 
rulemaking or written notice of intent to submit

[[Page 61768]]

adverse comments within the scope of this rulemaking on or before 
October 23, 2002. If FSIS receives adverse comments, a timely 
withdrawal will be published in the Federal Register informing the 
public that the rule will not take effect.

FOR FURTHER INFORMATION CONTACT: Dr. William Leese, 202 418-8900, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 301(c) of the FMIA (21 U.S.C. 661(c)) and section 5(c) of 
the PPIA (21 U.S.C. 454(c)) authorize the Secretary of Agriculture 
(Secretary) to designate a State as one in which the provisions of 
Titles I and IV of the FMIA and 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 Acts have not been developed and effectively 
enforced by the State.
    At different times in the past, the Secretary designated the State 
of Maine under section 301(c) of the FMIA and section 5(c) of the PPIA 
as a State in which the Federal Government is responsible for providing 
meat and poultry products inspection at eligible establishments and for 
otherwise enforcing the applicable provisions of the FMIA and the PPIA 
with regard to intrastate activities in the State. These designations 
were undertaken by the Secretary when it was determined that the State 
of Maine was not in a position to enforce requirements that are at 
least equal to the requirements of FMIA and PPIA enforced by the 
Federal Government.
    On January 2, 1971, the Federal Government assumed the 
responsibility of administering the authorities provided for under 
sections 11(b) and (c) of the PPIA (21 U.S.C. 460(b) and (c)). On May 
12, 1980, the Federal Government assumed the responsibility of 
administering the authorities provided for under sections 202 and 203 
of the FMIA (21 U.S.C. 642 and 643).
    The Director of Agriculture of the State of Maine has advised FSIS 
that on October 17, 2002, the State of Maine will publish regulations 
declaring that it will administer a State meat and poultry products 
inspection program that includes requirements at least equal to those 
imposed under the Federal meat and poultry products inspection program.
    Section 301(c) of the FMIA and section 5(c) of the PPIA provide 
that whenever the Secretary of Agriculture determines that any 
designated State has developed and will enforce State meat and poultry 
products inspection requirements at least equal to those imposed by the 
Federal Government under the FMIA and the PPIA with regard to 
intrastate operations and transactions, the Secretary will terminate 
the designation of such State. The Secretary has determined that the 
State of Maine has developed, and will enforce, such a State meat and 
poultry products inspection program in accordance with the applicable 
provisions of the FMIA and the PPIA.
    Establishments have the option to apply for Federal or State 
inspection. However, product produced under State inspection is limited 
to distribution in intrastate commerce.

Executive Order 12866

    This final rule is issued in conformance with Executive Order 12886 
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 and will not 
adversely affect the economy or any segment of the economy. Because 
this final rule is not a significant rule under Executive Order 12866, 
it has not undergone review by the Office of Management and Budget.

Effect on Small Entities

    The FSIS Administrator has determined that this action will not 
have a significant economic impact on a substantial number of small 
entities, as defined by the Regulatory Flexibility Act (Pub. L. 96-354; 
6 U.S.C. 601). As stated above, the State of Maine is assuming a 
responsibility, previously limited to the Federal Government, of 
administering a meat and poultry products inspection program for 
intrastate 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. 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 aware of this rulemaking, 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 Listserv, a free e-mail 
subscription service. 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 Listserv consists of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals that have requested to be 
included. Through the Listserv and web page, FSIS is able to provide 
information to a much broader, more diverse audience.
    For more information contact the Congressional and Public Affairs 
Office, at (202) 720-9113. To be added to the free e-mail subscription 
service (Listserv) go to the ``Constituent Update'' page on the FSIS 
web site at http://www.fsis.usda.gov/oa/update/update.htm. Click on the 
``Subscribe to the Constituent Update Listserv'' link, then fill out 
and submit the form.

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--[AMENDED]

    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  [Amended]

    2. The table in Sec.  331.2 is amended by removing ``Maine'' from 
the ``State'' column and by removing the corresponding date.


Sec.  331.6  [Amended]

    3. The table in Sec.  331.6 is amended by removing ``Maine'' from 
the ``State'' column in three places and by removing the corresponding 
dates.

PART 381--[AMENDED]

    4. 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 
2.18, 2.53.


Sec.  381.221  [Amended]

    5. The table in Sec.  381.221 is amended by removing ``Maine'' from 
the ``States'' column and by removing the corresponding date.


Sec.  381.224  [Amended]

    6. The table in Sec.  381.224 is amended by removing ``Maine'' from 
the ``State''

[[Page 61769]]

column in three places and by removing the corresponding dates.

    Done in Washington, DC on September 25, 2002.
Garry L. McKee,
Administrator.
[FR Doc. 02-24979 Filed 10-1-02; 8:45 am]
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