[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 250-255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-175]


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

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 300, 301, 306, 318, 320, and 381

[Docket No. 00-033F]
RIN 0583-AC78


Agency Organization

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Food Safety and Inspection Service is amending regulations 
adopted under the Federal Meat Inspection Act and the Poultry Products 
Inspection Act by updating

[[Page 251]]

and consolidating organizational provisions.

EFFECTIVE DATE: January 5, 2004.

FOR FURTHER INFORMATION CONTACT: Lynn E. Dickey, Director, Regulations 
and Petitions Policy Staff, Office of Policy and Program Development, 
Food Safety and Inspection Service, Washington, DC 20250-3700; (202) 
720-5627.

SUPPLEMENTARY INFORMATION: The Food Safety and Inspection Service 
(FSIS) is responsible for carrying out various functions of the 
Department of Agriculture. Chief among these are the administration of 
the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601 et seq.), the 
Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.), and the 
Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). Each of 
these statutes includes provisions that provide for government 
inspection as part of a regulatory program designed to protect the 
health and welfare of consumers by preventing the distribution of meat, 
poultry, and egg products that are unwholesome, otherwise adulterated, 
or misbranded (21 U.S.C. 451, 455, 602-606, 1031, and 1034).
    In this rulemaking, FSIS is continuing its work to update and 
consolidate various regulatory provisions. This work began with the 
issuance of a final rule on the organization of the Agency. This rule, 
for which the public was given an opportunity to submit comments, was 
published on December 31, 1998 (the 1998 rule) (63 FR 72352). The 1998 
rule amended FSIS's regulations in chapter III of title 9 of the Code 
of Federal Regulations (9 CFR chapter III) by establishing a new part 
300 that described FSIS's mission and organization. It also transferred 
regulations adopted under the EPIA from part 59 of title 7 of the Code 
of Federal Regulations to part 590 of title 9.
    The Agency received only one comment on the 1998 rule. The United 
Egg Association (UEA) requested that FSIS undertake a more thorough 
review of the regulations promulgated pursuant to the EPIA. The UEA 
stated that the current regulatory system was antiquated.
    FSIS is conducting a comprehensive review of the EPIA regulations. 
The Agency anticipates that the review will result in its proposing a 
number of substantive changes to the EPIA regulations.
    In this final rule, the Agency is consolidating and updating 
various provisions of the regulations issued under the FMIA (9 CFR 
parts 300, 301, 306, 318, and 320) and the PPIA (9 CFR part 381, 
subparts A, B, F, O, and Q). The Agency is also adding a section, 
300.4, ``Organizational terminology; personnel'' to part 300. With the 
addition of this section, part 300 ``Agency Mission and Organization'', 
will contain a description of the part (300.1), a statement about 
FSIS's responsibilities (300.2), a description of FSIS's organizational 
structure and personnel (300.3 and 300.4), and rules on the access of 
government employees to regulated places of business (300.6).
    In Sec.  300.1 (Purpose), FSIS is adding a sentence to reflect the 
fact that part 300 includes rules on the access of government employees 
to regulated places of business. In paragraph (a) of Sec.  300.2 (FSIS 
responsibilities), FSIS is adding a sentence that references the 
Department's delegation of authority regulations (7 CFR 2.7, 2.18, and 
2.53). These regulations reference the statutory provisions that the 
Administrator of FSIS is responsible for administering on behalf of the 
Secretary of Agriculture.
    In Sec.  300.3 (FSIS organization), FSIS is amending paragraph (a) 
by adding a sentence that states that FSIS implements the inspection 
provisions of the FMIA, the PPIA, and the EPIA through its field 
structure. FSIS is also amending paragraphs (b)(1) and (2), and (c)(1) 
of Sec.  300.3 to reflect the changes that the Agency has made in its 
headquarters and field organization since publication of the 1998 rule.
    FSIS has reorganized its headquarter's offices. FSIS now has eight 
principal components or offices instead of four. These offices are 
under the direction of an Assistant Administrator. The Assistant 
Administrators, along with their staffs and the Office of the 
Administrator, are still located at the U.S. Department of Agriculture 
Headquarters in Washington, DC.
    FSIS has renamed one of the program offices listed in paragraph 
(b)(1) of Sec.  300.3. The Office of Policy, Program Development, and 
Evaluation is now the Office of Policy and Program Development. The 
functions for this office have also changed. The Office of Policy and 
Program Development is charged with developing and articulating the 
Agency's policies regarding food safety and other consumer protections.
    FSIS has added four program offices. These offices are the Office 
of Food Security and Emergency Preparedness (OFSEP), the Office of 
Program Evaluation, Enforcement, and Review (OPEER), the Office of 
Public Affairs, Education, and Outreach (OPAEO), and the Office of 
International Affairs (OIA).
    The OFSEP's mission is to prevent or, if necessary, coordinate a 
response to an intentional attack on the food supply.
    The OPEER's primary function is to perform as the Agency's quality 
assurance program. This staff continually acts as the Agency's eyes and 
ears to ensure that Agency programs are functioning in an efficient and 
effective manner.
    The OPAEO is responsible for communicating with three main 
audiences: Congress, constituents, and the media. The OPAEO 
communications with Congress include everything from preparing 
testimony for hearings on Capitol Hill to briefing congressional staff 
on regulatory proposals affecting FSIS. The OPAEO also shares 
information with, and gathers feedback from, constituents of the Agency 
and provides newspaper, television and radio reporters accurate and 
timely information about FSIS's crucial role in protecting public 
health. The Staff Offices that are currently listed in paragraph (b)(2) 
of Sec.  300.3 have been reorganized and incorporated into the new 
Office of Public Affairs, Education, and Outreach.
    The OIA is responsible for developing policy and procedures to 
assure that meat, poultry, and egg products imported into the U.S. are 
safe, wholesome, unadulterated, properly labeled and packaged, and for 
facilitating the certification of U.S. meat, poultry, and egg products 
intended for export.
    In addition to the four new program offices described above, the 
Administrator has created a position titled Special Assistant for Civil 
Rights. This individual reports directly to the Administrator. The 
Administrator also has an Executive Assistant and a Codex Manager.
    As anticipated in the 1998 rule (63 FR 72352, footnote 1), FSIS has 
closed its district office in Boston, Massachusetts. The Agency has 
also reassigned the program responsibilities for the States of 
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and 
Vermont to the district office located in Albany, New York, and has 
reassigned the program responsibilities for Puerto Rico and the Virgin 
Islands to the district office located in Atlanta, Georgia.
    In May 2002, FSIS realigned its district office structure. The 
realignment resulted in a reduction from 17 districts to 15 districts 
with 2 satellite offices. The Pickerington, Ohio district office will 
now be a satellite office and will be serviced by the Chicago, Illinois 
district office. The State of Kentucky will now be serviced by the 
Raleigh, North

[[Page 252]]

Carolina district office and the State of West Virginia will be 
serviced by the Beltsville, Maryland district office.
    The Salem, Oregon district office will become a satellite office 
and will be serviced by the Boulder, Colorado district office. The 
States and areas affected are Alaska, American Samoa, Guam, Hawaii, 
Idaho, Oregon, and Washington. The State of New Jersey, which was 
serviced by the Albany, New York district office will now be serviced 
by the Philadelphia, Pennsylvania district office. FSIS is amending 
paragraph (c)(1) of Sec.  300.3 to reflect this fact and to correct the 
address listed for the district office in Maryland which is located in 
Beltsville, not Greenbelt.
    FSIS is including, in paragraph (a) of Sec.  300.4 (Organizational 
terminology; personnel), updated terminology that combines and replaces 
the current definitions in Sec.  301.2 of Administrator, Circuit 
Supervisor, Inspector, Inspector in charge, Program, Program employee, 
and Secretary; and the current definitions in Sec.  381.1(b) of 
Administrator, Circuit Supervisor, Inspection Service, Inspection 
Service employee, Inspection Service supervisor, Inspector, Inspector 
in Charge, and Secretary.
    FSIS also is removing obsolete and unnecessary organizational 
information and terminology. Provisions that the Agency is deleting 
include: Sec.  306.1 (Designation of circuit supervisors and 
assistants); the definitions in Sec.  301.2 of Area, Area Supervisor, 
Circuit, the Department, Food Safety and Inspection Service, Import 
Field Office, Import Supervisor, and Regional Director; and the 
definitions in Sec.  381.1(b) of Department, Import Field Office, and 
Import Supervisor.
    FSIS is addressing several changes in the Agency's organization and 
the administration of its regulatory functions in paragraph (b) of 
Sec.  300.4. Section 300.4(b) indicates that the Agency has replaced 
its regional office and import field office structure with a district 
office structure, that the authority previously delegated to Regional 
Directors now is delegated to district managers, and that the authority 
previously delegated to area supervisors and import supervisors now is 
delegated to inspection program supervisors in the successor district 
offices.
    In paragraph (b) of Sec.  300.6, FSIS is addressing access to 
places of business regulated under the FMIA or the PPIA. Paragraph 
(b)(1) addresses access to establishments that slaughter livestock or 
otherwise prepare meat products or slaughter poultry or otherwise 
process poultry products. It replaces the first sentence of Sec.  306.2 
and all of Sec.  381.32. Paragraph (b)(2) addresses access to and 
examinations of facilities, inventories, and records authorized by 
section 202 of the FMIA and section 11(b) of the PPIA (21 U.S.C. 460(b) 
and 642). It replaces the first sentences of Sec.  320.4 and Sec.  
381.178 (Access to and inspection of records, facilities and inventory; 
copying and sampling).
    FSIS is updating its regulations on the accreditation of chemistry 
laboratories (Sec.  318.21 and Sec.  381.53), a function performed by 
FSIS's Office of Public Health and Science (OPHS). An erroneous street 
address for the Accredited Laboratory Program is being removed and the 
OPHS Assistant Administrator is referred to instead of a former OPHS 
organizational unit.
    In Sec.  320.5 (Registration) and Sec.  381.179 (Registration), 
FSIS is amending paragraph (a) in both sections by changing the office 
name from where registration forms are obtained and also providing 
another option for obtaining registration forms. The office name will 
be changed from Compliance Programs, Regulatory Programs, to Evaluation 
and Enforcement Division, Office of Program Evaluation, Enforcement and 
Review. The other option added for obtaining an application is to call 
the District Office.
    FSIS has determined that the notice and comment and delayed 
effective date requirements of the Administrative Procedure Act (5 
U.S.C. 553(b) and (d)) do not apply to this rule. The amendments made 
by this rule reflect the Agency's current responsibilities, the 
organization through which it carries out those responsibilities, and 
technical and minor changes in the organization of the Agency's 
regulations and organizational terminology. Therefore, FSIS has, for 
good cause, found that notice and public procedure thereon are 
unnecessary, and it is issuing these amendments as a final rule, 
effective upon publication.

Executive Order 12866 and Effect on Small Entities

    The changes in this rule are organizational and technical. Their 
adoption will not affect the costs of regulated establishments or of 
FSIS, except to the extent that providing the public with current 
information on how the Agency operates should increase the Agency's 
efficiency and improve the delivery of inspection services to members 
of the regulated industries. Therefore, FSIS has determined that this 
rule is not a significant regulatory action under the criteria set 
forth in Executive Order 12866.
    For the same reasons, FSIS certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, as provided in section 605 of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.), sections 603 and 604 do not apply.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. No retroactive effect will be given to the rule and no 
administrative proceedings will be required before parties may file 
suit in court challenging the rule. States and local jurisdictions may 
not impose inconsistent requirements on federally inspected premises, 
facilities, or operations.

Paperwork Reduction Act

    No collections of information will be affected by the adoption of 
this rule.

Additional Public Notification

    Public awareness of 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 
notice, FSIS will announce it and make copies of this Federal Register 
publication available through 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 in 9 CFR Chapter III

Part 300

    Meat and meat products, Poultry and poultry products.

[[Page 253]]

Part 301

    Meat and meat products, Poultry and poultry products.

Part 306

    Government employees, Meat inspection.

Part 318

    Laboratories, Meat inspection, Reporting and recordkeeping 
requirements.

Part 320

    Meat inspection, Reporting and recordkeeping requirements.

Part 381

    Laboratories, Poultry and poultry products, Reporting and 
recordkeeping requirements.


0
For the reasons set forth above, the Food Safety and Inspection Service 
is amending 9 CFR Chapter III as follows:

PART 300--AGENCY MISSION AND ORGANIZATION

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 21 U.S.C. 451-470, 601-695, 1031-1056; 7 U.S.C. 138-
138i, 450, 1621-1627, 1901-1906; 7 CFR 2.7, 2.18, 2.53.


Sec.  300.1  [Amended]

0
2. Section 300.1 is amended by adding, at the end, ``It also includes 
rules on the access of government employees to regulated places of 
business.''

0
3. Paragraph (a) of Sec.  300.2 is revised to read as follows:


Sec.  300.2  FSIS responsibilities.

    (a) Delegations of authority. The Secretary of Agriculture and 
Under Secretary for Food Safety have delegated to the Administrator of 
the Food Safety and Inspection Service the responsibility for 
exercising the functions of the Secretary of Agriculture under various 
statutes (see 7 CFR 2.7, 2.18, and 2.53).
* * * * *

0
4. Section 300.3 is amended as follows:
0
a. Paragraph (a) of Sec.  300.3 is amended by adding, at the end, 
``FSIS implements the inspection provisions of the FMIA, the PPIA, and 
the EPIA through its field structure.''
0
b. The introductory text of paragraph (b) of Sec.  300.3 is amended by 
removing ``four'' in the first sentence of the introductory text and 
adding, in its place, ``eight''.
0
c. Paragraph (b)(1) of Sec.  300.3 is amended and the table of district 
office locations and geographic boundaries in paragraph (c)(1) is 
revised to read as follows:


Sec.  300.3  FSIS organization.

* * * * *
    (b) Headquarters. * * *
    (1) Program Offices. FSIS's headquarters offices are the Office of 
Public Health and Science, which provides scientific analysis, advice, 
data, and recommendations on matters involving public health and 
science; the Office of Management, which provides centralized 
administrative and support services; the Office of Policy and Program 
Development, which develops and articulates the Agency's policies 
regarding food safety and other consumer protections; the Office of 
Field Operations, which manages regulatory oversight and inspection 
(see paragraph (c) of this section); the Office of Food Security and 
Emergency Preparedness, which works to prevent or, if necessary, 
coordinate a response to an intentional attack on the food supply; the 
Office of Program Evaluation, Enforcement, and Review, which acts to 
ensure that Agency programs are functioning in an efficient and 
effective manner; the Office of Public Affairs, Education, and 
Outreach, which is responsible for facilitating communications between 
FSIS and Congress, the Agency's constituents, and the media; and the 
Office of International Affairs, which is responsible for recommending 
and developing international policy activities.
    (2) [Reserved]
    (c) Field. * * *
    (1) District offices. * * *

Alameda, CA.......................  California.
Boulder, CO.......................  Arizona, Colorado, Nevada, New
Salem, OR (satellite office)......   Mexico, Utah, Alaska, American
                                     Samoa, Guam, Hawaii, Idaho,
                                     Northern Mariana Islands, Oregon,
                                     and Washington.
Minneapolis, MN...................  Minnesota, Montana, North Dakota,
                                     South Dakota, and Wyoming.
Des Moines, IA....................  Iowa and Nebraska.
Lawrence, KS......................  Kansas and Missouri.
Springdale, AR....................  Arkansas, Louisiana, and Oklahoma.
Dallas, TX........................  Texas.
Madison, WI.......................  Michigan and Wisconsin.
Chicago, IL.......................  Illinois, Ohio, and Indiana.
Pickering, OH, (satellite office).
Philadelphia, PA..................  Pennsylvania and New Jersey.
Albany, NY........................  Connecticut, Maine, Massachusetts,
                                     New Hampshire, New York, Rhode
                                     Island, and Vermont.
Beltsville, MD....................  Delaware, District of Columbia,
                                     Maryland, Virginia, and West
                                     Virginia.
Raleigh, NC.......................  North Carolina, South Carolina, and
                                     Kentucky.
Atlanta, GA.......................  Florida, Georgia, Puerto Rico, and
                                     the Virgin Islands.
Jackson, MS.......................  Alabama, Mississippi, and Tennessee.
------------------------------------------------------------------------

* * * * *
0
d. Paragraph (b)(2) of Sec.  300.3 is removed and reserved.

0
5. Part 300 is further amended by adding Sec.  300.4 to read as 
follows:


Sec.  300.4  Organizational terminology; personnel.

    (a) Unless otherwise specifically provided or required in the 
context of a particular part of the regulations:
    Administrator means the Administrator of the Food Safety and 
Inspection Service or any other officer or employee of the Department 
to whom authority has been or may in the future be delegated to act in 
his or her stead.
    Circuit Supervisor means the official of the Inspection Service who 
is assigned responsibility for supervising the conduct of inspection at 
a specific group of official establishments.
    Inspection program, inspection service, or program means the 
organizational unit within the Department with responsibility for 
carrying out the FMIA, the PPIA, and the EPIA.
    Inspection program employee, inspection service employee, or 
program employee means an inspector or other government employee who is 
authorized to conduct any inspection or perform any other duty in 
connection with the inspection program, inspection service, or program.
    Inspection service supervisor or Inspection program supervisor 
means an inspection program or service employee

[[Page 254]]

or program employee who is delegated authority to exercise supervision 
over one or more phases of the inspection program.
    Inspector means an inspector of the inspection program, inspection 
service, and program. (``Inspector'' includes an employee or official 
of the Federal government or the government of a State or territory or 
the District of Columbia who is authorized by the Administrator to 
inspect meat and meat products or poultry and poultry products under 
the authority of the FMIA or the PPIA, respectively, under an agreement 
entered into between the Administrator and the appropriate State or 
other agency.)
    Inspector in charge or IIC means an inspection program employee, 
inspection service employee, or program employee who has primary 
responsibility for inspection program functions at a particular 
official establishment.
    Secretary means the Secretary of Agriculture of the United States 
or his or her delegate.
    (b) FSIS has replaced the regional office and import field office 
structure referenced in some parts of subchapter A of this chapter. 
Authority previously delegated to Regional Directors now is delegated 
to district managers; authority previously delegated to area 
supervisors and import supervisors now is delegated to inspection 
program supervisors in the successor district offices.

0
6. Section 300.6 is amended by adding paragraph (b) to read as follows:


Sec.  300.6  Access to establishments and other places of business.

* * * * *
    (b) Meat and poultry establishments and related industries.
    (1) At all times, by day or night, whether the establishment is 
being operated or not, inspection program employees must have access to 
the premises and to every part of an establishment that slaughters 
livestock or otherwise prepares meat products or slaughters poultry or 
otherwise processes poultry products that are subject to inspection for 
the purpose of conducting an inspection or performing any other 
inspection program duty. The numbered official badge of an inspection 
program employee is sufficient identification to entitle him or her to 
admittance to all parts of such an establishment and its premises.
    (2) At all ordinary business hours, upon presentation of 
credentials by a representative of the Secretary, any person (including 
any firm or corporation or other business unit) subject to 
recordkeeping requirements under section 202 of the FMIA or section 
11(b) of the PPIA must permit such representative to enter his or her 
place of business to examine the facilities and inventory and to 
examine and copy the records specified in Sec.  320.1 and Sec.  
381.175, respectively, of this chapter and, upon payment of the fair 
market value therefor, take reasonable samples of the inventory.

PART 301--TERMINOLOGY; ADULTERATION AND MISBRANDING STANDARDS

0
7. The name for part 301 is revised as forth above.

0
7a. The authority citation for part 301 is revised to read as follows:

    Authority: 21 U.S.C. 601-695; 7 U.S.C. 138-138i, 450, 1901-1906; 
7 CFR 2.7, 2.18, 2.53.


0
8. Section 301.1 is revised to read as follows:


Sec.  301.1  General.

    For purposes of this chapter and unless otherwise specifically 
provided by regulation or required in the context of particular 
regulations:
    (a) Terms have the meanings set forth in this part;
    (b) The singular form also imports the plural, and the masculine 
form also imports the feminine and vice versa.

0
9. In Sec.  301.2, the undesignated paragraphs that define the terms 
Administrator, Area, Area Supervisor, Circuit, Circuit supervisor, The 
Department, Food Safety and Inspection Service, Import Field Office 
(IFO), Import Supervisor, Inspector, Inspector in charge, Program, 
Program employee, Regional Director, and Secretary are removed.

PART 306--ASSIGNMENT AND AUTHORITIES OF PROGRAM EMPLOYEES

0
10. The authority citation for part 306 is revised to read as follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.7, 2.18, 2.53.


0
11. Section 306.1 is revised to read as follows:


Sec.  306.1  Designation of circuit supervisor and assistants. [See 
Sec. Sec.  300.3 and 300.4 of this chapter regarding FSIS' organization 
and inspection program supervisors.]

0
12. Section 306.2 is revised to read as follows:


Sec.  306.2  Program employees to have access to establishments. [See 
Sec.  300.6 of this chapter regarding access to establishments and 
other places of business.]


Sec.  306.3  [Amended]

0
13. The last sentence of Sec.  306.3 is removed.

PART 318--ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND 
PREPARATION OF PRODUCTS

0
14. The authority citation for part 318 is revised to read as follows:

    Authority: 21 U.S.C. 601-695; 7 U.S.C. 138f, 450, 1901-1906; 7 
CFR 2.7, 2.18, 2.53.

Sec.  318.21  [Amended]

0
15. Section 318.21 is amended to read as follows:
0
a. Paragraphs (b)(1), (b)(3)(vi), (c)(1), and (c)(3)(vi) are amended by 
removing ``room 516-A, Annex Building,'' and ``300 12th Street SW.,''.
0
b. Paragraphs (b)(3)(i), (b)(3)(xi), and (c)(3)(xi) are amended by 
removing ``Quality Systems Branch, FSIS Chemistry Division'' and 
adding, in its place, ``Assistant Administrator, Office of Public 
Health and Science''.

PART 320--RECORDS, REGISTRATION, AND REPORTS

0
16. The authority citation for part 320 is revised to read as follows:

    Authority: 21 U.S.C. 601-695; 7 CFR 2.7, 2.18, 2.53.

0
17. Section 320.4 is revised to read as follows:


Sec.  320.4  Access to and inspection of records, facilities and 
inventory; copying and sampling.

    Representatives of the Secretary afforded access to a business 
specified in Sec.  320.1 of this part (see Sec.  300.6(b)(2) of this 
chapter) also must be afforded any necessary facilities (other than 
reproduction equipment) for the examination and copying of records and 
for the examination and sampling of inventory.

0
18. Paragraph (a) of Sec.  320.5 is amended by removing the phrase 
``the Compliance Programs, Regulatory Programs,'' in the last sentence 
and adding in its place ``Evaluation and Enforcement Division, Office 
of Program Evaluation, Enforcement, and Review'' and adding to the end 
of the sentence ``or by calling the District Office.''

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
19. The authority citation for part 381 is revised to read as follows:


[[Page 255]]


    Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 
2.18, 2.53.

Subpart A--Definitions

0
20. In Sec.  381.1(b), the undesignated subordinate paragraphs that 
define the terms Administrator, Circuit supervisor, Department, Import 
Field Office (IFO), Import Supervisor, Inspection Service, Inspection 
Service employee, Inspection Service supervisor, Inspector, Inspector 
in Charge, and Secretary are removed.

Subpart B--Administration; Application of Inspection and Other 
Authorities


Sec.  381.3  [Amended]

0
21. Section 381.3 is amended by removing and reserving paragraph (a).

Subpart F--Assignment and Authorities of Program Employees; Appeals

0
22. Section 381.32 is revised to read as follows:


Sec.  381.32  Access to establishments. [See Sec.  300.6 of this 
chapter regarding access to establishments and other places of 
business.]


Sec.  381.33  [Amended]

0
23. The last sentence of Sec.  381.33 is removed.

Subpart O--Entry of Articles into Official Establishments; 
Processing Inspection and Other Reinspections; Processing 
Requirements


Sec.  381.153  [Amended]

0
24. Section 381.153 is amended to read as follows:
0
a. Paragraphs (b)(1), (b)(3)(vi), (c)(1), and (c)(3)(vi) are amended by 
removing ``room 516-A, Annex Building,'' and ``300 12th Street SW.,''.
0
b. Paragraphs (b)(3)(i), (b)(3)(xi), and (c)(3)(xi) are amended by 
removing ``Quality Systems Branch, FSIS Chemistry Division'' and 
adding, in its place, ``Assistant Administrator, Office of Public 
Health and Science''.

Subpart Q--Records, Registration, and Reports

0
25. Section 381.178 is revised to read as follows:


Sec.  381.178  Access to and inspection of records, facilities and 
inventory; copying and sampling.

    Representatives of the Secretary afforded access to a business 
specified in Sec.  381.175 of this part (see Sec.  300.6(b)(2) of this 
chapter) also must be afforded any necessary facilities (other than 
reproduction equipment) for the examination and copying of records and 
the examination and sampling of inventory.

0
26. Section 381.179 is amended to read as follows:


Sec.  381.179  Registration.

0
Paragraph (a) is amended by removing the phrase ``the Compliance 
Programs, Regulatory Programs,'' in the last sentence and adding in its 
place ``District Enforcement Operations, Field Operations'' and adding 
to the end of the sentence ``or by calling the District Office.''

    Done at Washington, DC, on December 24, 2003.
Garry L. McKee,
Administrator.
[FR Doc. 04-175 Filed 1-2-04; 8:45 am]
BILLING CODE 3410-DM-P