[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Rules and Regulations]
[Pages 38467-38468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13650]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 331 and 381

[Docket No. FSIS-2007-0023]
RIN 0583-AD29


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

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final Rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that it is designating the State of New Mexico as a State to receive 
Federal inspection with respect to operations and transactions 
involving meat and poultry products within the State because 
representatives of the State have requested such designation. In 
response to the State's request, FSIS will assume responsibility for 
the meat and poultry inspection programs in the State of New Mexico on 
August 13, 2007. Therefore, FSIS is amending the Federal meat and 
poultry products inspection regulations by adding New Mexico to the 
list of designated States.

DATES: This final rule will be effective on August 13, 2007.

FOR FURTHER INFORMATION CONTACT: Ron Eckel, Chief Federal State Audit 
Branch, Internal Control Division, Office of Program Evaluation, 
Enforcement, and Review, Food Safety and Inspection Service, USDA, 1299 
Farnam Street, Suite 300, Landmark Center Building, Omaha, Nebraska 
68102; telephone 402-344-5000.

SUPPLEMENTARY INFORMATION: FSIS has been delegated the authority to 
exercise the functions of the Secretary of Agriculture as specified in 
the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.) and the 
Poultry Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.). These 
statutes provide that FSIS is to protect the public by verifying that 
meat and poultry products are safe, wholesome, unadulterated, and 
properly labeled and packaged.
    Under these statutes, a State may administer meat and poultry 
inspection programs provided that it has developed and is effectively 
enforcing 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. If States can no longer effectively enforce meat and poultry 
inspection requirements at least equal to the Federal requirements, 
they must be ``designated'' by the Secretary to receive Federal 
inspection (21 U.S.C. 661(c) & 454(c)).
    The Governor of New Mexico sent a letter to the Secretary of the 
United States Department of Agriculture, dated June 22, 2007, 
requesting the designation of New Mexico for purposes of allowing FSIS 
to conduct food safety inspections of meat and poultry products within 
the State of New Mexico. Consequently, the Secretary of Agriculture is 
designating the State of New Mexico under 21 U.S.C. 661(c) of the FMIA 
and 21 U.S.C. 454(c) of the PPIA. On and after August 13, 2007, the 
provisions of titles I and IV of the FMIA and sections 1-4, 6-10, and 
12-22 of the PPIA will apply to operations and transactions involving 
meat and poultry products within the State of New Mexico, unless exempt 
under 21 U.S.C. 623 or 661(c)(2) of the FMIA or 21 U.S.C. 454(c)(2) or 
464 of the PPIA.
    Owners or operators of New Mexico's meat and poultry establishments 
wishing to continue operations after August 13, 2007, must contact the 
FSIS District Office in Denver, CO, 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 Denver Federal Center, P.O. Box 25387, Building 45, 
Denver, CO 80225. Phone number: (303) 236-9800.
    The Acting Administrator, FSIS, has determined that there is good 
cause for issuing this final rule without prior notice and opportunity 
for public comment. FSIS has determined that it is in the public 
interest to ensure a smooth, orderly and expeditious transition to 
Federal inspection. Representatives of the State of New Mexico have 
requested that the State be

[[Page 38468]]

designated to receive Federal inspection with respect to operations and 
transactions involving meat and poultry products within the State. The 
Agency is mandated by law to assume the responsibility for 
administering the New Mexico meat and poultry inspection programs. It 
is necessary, therefore, to designate the State of New Mexico, in 
accordance with the FMIA (21 U.S.C. 661(c)) and the PPIA (21 U.S.C. 
454(c)), in order to carry out the Secretary's responsibilities under 
the FMIA and the PPIA.
    In addition, it does not appear that new, relevant information 
would be made available to the Secretary by public participation in 
this rulemaking. Accordingly, under the administrative procedures in 5 
U.S.C. 553, FSIS finds good cause to conclude that notice and other 
public procedures are unnecessary 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 Acting Administrator, FSIS, has determined that this final rule 
will not have a significant economic impact on a substantial number of 
small entities. FSIS, pursuant to law, is assuming the responsibility, 
previously held by the State of New Mexico, of administering the meat 
and poultry inspection programs with respect to operations and 
transactions within the State of New Mexico. This action will affect 
approximately 25 meat and poultry establishments. Most, if not all, are 
very small establishments. In addition, there are approximately 30 
custom exempt facilities in New Mexico, all small entities. However, 
this is not a substantial number of either very small establishments or 
custom exempt facilities. There are approximately 5,070 very small meat 
and poultry establishments nationwide, which are either federally or 
State inspected, and approximately 3,135 custom-exempt facilities 
nationwide. In addition, it is not anticipated that significant costs 
will be incurred by these establishments in New Mexico as a result of 
these actions.

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 final rule has been reviewed under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520) and the Agency has determined that it 
imposes no new paperwork requirements.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that the 
public and in particular minorities, women, and persons with 
disabilities, are aware of this notice, FSIS will announce it on-line 
through the FSIS web page located at http://www.fsis.usda.gov/regulations/2007_Interim_&_Final_Rules_Index/index.asp.
    FSIS also will make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to our constituents and 
stakeholders. The Update is communicated via Listserv, a free e-mail 
subscription service consisting of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals who have requested to be included. 
The update also is available on the FSIS Web page. Through Listserv and 
the Web page, FSIS is able to provide information to a much broader, 
more diverse audience.
    In addition, FSIS offers an e-mail subscription service which 
provides automatic and customized access to selected food safety news 
and information. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/. Options range from recalls to 
export information to regulations, directives and notices. Customers 
can add or delete subscriptions themselves and have the option to 
password protect their account.

List of Subjects

9 CFR Part 331

    Meat inspection.

9 CFR Part 381

    Poultry and poultry products.

0
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

0
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]

0
2. The table in Sec.  331.2 is amended in the ``State'' column by 
adding ``New Mexico'' as the entry immediately above ``New York'' and 
in the ``Effective date of application of Federal provisions'' column, 
by adding ``August 13, 2007'' on the line with ``New Mexico.''

PART 381--POULTRY PRODUCTS INSPECTION

0
3. 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]

0
4. The table in Sec.  381.221 is amended in the ``States'' column by 
adding ``New Mexico'' as the entry immediately above ``New York'' and 
in the ``Effective date of application of Federal provisions'' column, 
by adding ``August 13, 2007,'' on the line with ``New Mexico.''

    Done at Washington, DC, on: July 10, 2007.
David P. Goldman,
Acting Administrator.
[FR Doc. E7-13650 Filed 7-12-07; 8:45 am]
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