[Federal Register: June 17, 2005 (Volume 70, Number 116)]
[Rules and Regulations]               
[Page 35165-35166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 04-036F]
RIN 0583-AD13

Termination of Designation of the State of North Dakota With 
Respect to the Inspection of Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.


SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
poultry products inspection regulations by terminating the designation 
of the State of North Dakota under sections 1 through 4, 6 through 10, 
11(b), 11(c), and 12 through 22 of the Poultry Products Inspection Act 
(PPIA). FSIS has concluded that North Dakota is in a position to 
administer a State poultry inspection program, which is at least equal 
to the Federal poultry products inspection program.

DATES: Effective on June 17, 2005.

FOR FURTHER INFORMATION CONTACT: Royce E. Sperry, Deputy Director; 
Review Staff; Office of Program Evaluation, Enforcement and Review, 
FSIS, USDA, telephone (402) 221-7401, extension 7484.



    Section 5(c)(1) of the 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 through 4, 6 through 10, 11(b), 11(c), and 12 
through 22 of the PPIA will apply to operations and transactions wholly 
within the State if 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.
    The Secretary of Agriculture designated the State of North Dakota 
under paragraph 5(c)(1) of the PPIA, effective January 2, 1971 (42 FR 
2949). The designation specified that North Dakota is a State in which 
the United States Department of Agriculture is responsible for 
providing poultry products inspection at eligible establishments and 
for otherwise enforcing the applicable provisions of the PPIA.
    In addition, on July 23, 1973, a notice was published in the 
Federal Register (38 FR 19671) announcing that, effective on that date, 
the Department would assume the responsibility of administering the 
authorities provided for under sections 11(b) and (c) (21 U.S.C. 460(b) 
and (c) of the PPIA regarding certain categories of processors of 
poultry products.
    This designation was undertaken by the Department when USDA 
determined that the State of North Dakota was not in a position to 
enforce inspection requirements under State laws for poultry and 
poultry products in intrastate commerce that were at least equal to the 
requirements of the PPIA enforced by the Federal Government.
    Section 5(c)(3) of the PPIA provides that whenever the Secretary of 
Agriculture determines that any designated State has developed and will 
enforce State poultry products inspection requirements that are at 
least equal to those imposed by the Federal Government under the PPIA, 
with respect to operations and transactions within the State, the 
Secretary will terminate the designation of the State. The Secretary 
has determined that the State of North Dakota has developed and will 
enforce a State poultry products inspection program in accordance with 
the provisions of the PPIA. FSIS has evaluated the North Dakota program 
and determined that it is at least equal to the Federal Government 
requirements. This evaluation also has shown that the State of North 
Dakota is in a position to enforce effectively the provisions of 
section 11(b) and (c) of the PPIA. Therefore, the designation of the 
State of North Dakota under sections 1 through 4, 6 through 10, 11(b), 
11(c), and 12 through 22 of the PPIA is terminated.
    FSIS published a proposed rule on March 14, 2005 (70 FR 12420). The 
public comment period ended on April 13, 2005. No comments were 

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
It has been determined to be not significant,

[[Page 35166]]

and has not been reviewed by the Office of Management and Budget (OMB).

Executive Order 12988

    This proposed 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 proceedings challenging this 
rule. However, the administrative procedures specified in 9 CFR 306.5 
must be exhausted before any judicial challenge of the application of 
the provisions of this proposed rule, if the challenge involves any 
decision of an FSIS employee relating to inspection services provided 
under the 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 final rule, FSIS will announce it 
online through the FSIS Web page located at http://www.fsis.usda.gov/regulations_&_policies/2005_Interim_&_Final_Rules_Index/index.asp

    The Regulations.gov Web site is the central online rulemaking 
portal of the United States Government. It is being offered as a public 
service to increase participation in the Federal Government's 
regulatory activities. FSIS participates in Regulation.gov and will 
accept comments on documents published on the site. The site allows 
visitors to search by keyword or Department of Agency for rulemakings 
that allow for public comment. Each entry provides a quick link to a 
comment form so that visitors can type in their comments and submit 
them to FSIS. The Web site is located at http://www.regulations.gov/.

    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, recalls, 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 electronic mail subscription service 
that provides an automatic and customized notification when popular 
pages are updated, including Federal Register publications and related 
documents. This service is available at http://www.fsis.usda.gov/news_and_events/email_subscription/
 and allows FSIS customers to sign up 

for subscription options in eight categories. 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 accounts.

List of Subjects in 9 CFR Part 381

    Poultry and poultry products.

For the reasons discussed in the preamble, FSIS is proposing to amend 9 
CFR Chapter III as follows:


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 from the table the entry for 
``North Dakota.''

Sec.  381.224  [Amended]

3. Section 381.224 is amended by removing from the table the two 
entries for ``North Dakota.''

    Done at Washington, DC, on June 7, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-12009 Filed 6-16-05; 8:45 am]