[Federal Register: July 13, 2007 (Volume 72, Number 134)]
[Rules and Regulations]
[Page 38467-38468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy07-4]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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]
BILLING CODE 3410-DM-P