[Federal Register: March 14, 2005 (Volume 70, Number 48)]
[Proposed Rules]               
[Page 12420-12421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


[[Page 12420]]


Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 04-036P]
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: Proposed rule.


SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
amend 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). The Commissioner of Agriculture of the State of 
North Dakota has advised this Department that effective November 8, 
2004, the State will be in a position to administer a State poultry 
inspection program that includes requirements that are at least equal 
to those imposed under the Federal poultry products inspection program 
for poultry and poultry products distributed in interstate commerce.

DATES: Submit written comments on or before April 13, 2005.

ADDRESSES: FSIS invites interested persons to submit comments on this 
proposed rule. Comments may be submitted by any of the following 
     Mail, including floppy disks or CD-ROMs, and hand- or 
courier-delivered items. Send to Docket Clerk, Department of 
Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., 
Room 102 Cotton Annex, Washington, DC 20250-3700.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the on-line instructions at that site for 

submitting comments.
    All submissions received must include the Agency name and docket 
number 04-036P.
    All comments submitted in response to this proposed rule, as well 
as research and background information used by FSIS in developing this 
document, will be available for public inspection in the FSIS Docket 
Room at the address listed above between 8:30 a.m. and 4:30 p.m., 
Monday through Friday. The comments also will be posted on the Agency's 
Web site at http://www.fsis.usda.gov/regulations_&_policies/2005_Proposed_Rules_Index/index.asp

FOR FURTHER INFORMATION CONTACT: Royce E. Sperry, Deputy Director, 
Review, Office of Program Evaluation, Enforcement and Review, Food 
Safety and Inspection Service, Department of Agriculture, 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 PPIA 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 it was 
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, however, that whenever the 
Secretary of Agriculture determines that any designated State has 
developed and will enforce State poultry products inspection 
requirements 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, FSIS is 
proposing that 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 be terminated.

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, 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 provisions of the PPIA.

[[Page 12421]]

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 proposed rule, FSIS will announce it 
on-line through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2005_Proposed_Rules_Index/

    The Regulations.gov Web site is the central on-line 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 Regulations.gov and will 
accept comments on documents published on the site. The site allows 
visitors to search by keyword or Department or 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, included 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.


    1. The authority citation for part 381 continues to read as 

    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 deleting ``North Dakota'' from the 
``States'' column and by deleting the date, which was added on the line 
with ``North Dakota.''

Sec.  381.224  [Amended]

    3. Section 381.224 is amended by deleting ``North Dakota'' from the 
``State'' column in two places and by deleting the dates, which were 
added on the lines with ``North Dakota'' in two places.

    Done in Washington, DC, on March 9, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-4993 Filed 3-11-05; 8:45 am]