Termination of Designation of the State of West Virginia With Respect to the Inspection of Poultry Products

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. 95-037DF]

Termination of Designation of the State of West Virginia With

Respect to the Inspection of Poultry Products

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service is amending the poultry

products inspection regulations by terminating the designation of the

State of West Virginia under sections 1 through 4, 6 through 10 and 12-

22 of the Poultry Products Inspection Act.

DATES: This notice of termination of designation rule will be effective

on November 27, 1995 unless the Agency receives written adverse

comments or written notice of intent to submit adverse comments on or

before October 26, 1995.

ADDRESSES: Please send an original and two copies of written adverse

comments or notice of intent to submit adverse comments to: FSIS Docket

Clerk, DOCKET #95-037DF, Regulations Development, Policy, Evaluation

and Planning Staff, Room 4352, South Building, Food Safety and

Inspection Service, U.S. Department of Agriculture, Washington, DC

20250. All comments received will be available for public inspection

from 8:30 a.m. to 1:00 p.m., and from 2:00 p.m. to 4:30 p.m., Monday

through Friday, in Room 4352, South Agriculture Building, 14th and

Independence Avenue, SW., Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Dr. Connie L. Bacon, Acting Director,

Federal-State Relations, Food Safety and Inspection Service, U.S.

Department of Agriculture, Washington, DC 20250, (202) 720-6313.

SUPPLEMENTARY INFORMATION:

Background

Section 5(c) of the Poultry Products Inspection Act (PPIA) (21

U.S.C. 454(c)) authorizes the Secretary of Agriculture to designate a

State as one in which the provisions of sections 1-4, 6-10, and 12-22

of the PPIA shall apply to operations and transactions wholly within

the State after he/she has determined that requirements at least equal

to those imposed under the Act have not been developed and effectively

enforced by the State.

On December 3, 1970 (35 FR 18410) notice was published in the

Federal Register announcing that the Secretary of Agriculture was

designating the State of West Virginia, under paragraph 5(c) (21 U.S.C.

454(c)) of the PPIA, as a State in which this Department is responsible

for providing poultry products inspection at eligible establishments

and for otherwise enforcing the applicable provisions of the PPIA with

respect to intrastate activities in the State.

In addition, on November 12, 1976 (41 FR 49969), a notice was

published in the Federal Register announcing that, effective on that

date, this Department would assume the responsibility of administering

the authorities provided for under sections 11(b), (c), and (d) (21

U.S.C. 460(b), (c) and (d)) of the PPIA regarding certain categories of

processors of poultry products.

The aforementioned designation was undertaken by the Department

when it was determined that the State of West Virginia was not in a

position to enforce inspection requirements under State laws for

poultry and poultry products in intrastate commerce that are at least

``equal to'' the requirements of the PPIA enforced by the Federal

Government.

The Commissioner of Agriculture of the State of West Virginia has

advised this Department that effective November 27, 1995, the State of

West Virginia will be in a position to administer a State poultry

inspection program which includes requirements at least ``equal to''

those imposed under the Federal poultry products inspection program for

poultry and poultry products in interstate commerce.

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 at least ``equal

to'' those imposed by the Federal Government under the PPIA, with

respect to intrastate operations and transactions within the State, he

shall terminate the designation of such State. The Secretary has

determined that the State of West Virginia has developed and will

enforce such a State poultry products inspection program in accordance

with the said provisions of the PPIA. In addition, the Secretary has

determined that the State of West Virginia is also in a position to

enforce effectively the provisions of section 11(b), (c), and (d) of

the PPIA. Therefore, the designation of the State of West Virginia

under those sections and sections 1-4, 6-10, and 12-22 of the PPIA is

hereby terminated.

Effective Date

The Agency is publishing this rule without prior proposal because

this action is viewed as noncontroversial and anticipates no adverse

public comment. This rule will be effective, as published in this

document, 60 days after the date of publication in the Federal Register

unless the Agency receives written adverse comments within 30 days of

the date of publication of this rule in the Federal Register.

Adverse comments are comments that suggest the rule should not be

adopted or that suggest the rule should be changed. If the Agency

receives written adverse comments, a notice will be published in the

Federal Register withdrawing this rule before the effective date and

publish a proposed rule for public comment. Following the close of that

comment period, the comments will be considered, and a final rule

addressing the comments will be published.

Executive Order 12866

This direct 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.

Executive Order 12778

This direct final rule has been reviewed under Executive Order

12778, Civil Justice Reform. This rule: (1) preempts all 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.

Effect on Small Entities

The Administrator, FSIS, has made a determination that this direct

final rule will not have a significant economic impact on a substantial

number of small entities, as defined by the Regulatory

[[Page 49495]]

Flexibility Act (5 U.S.C. 601). This direct final rule will terminate

the designation of the State of West Virginia under sections 1 through

4, 6 through 10 and 12-22 of the Poultry Products Inspection Act.

List of Subjects in 9 CFR Part 381

Poultry and poultry products.

Accordingly, Part 381 of the poultry products inspection

regulations (9 CFR 381) is amended as follows:

PART 381--[AMENDED]

1. The authority citation for Sec. 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 deleting ``West Virginia'' from

the ``State'' column and by deleting the date which was added on the

line with ``West Virginia''.

Sec. 381.224 [Amended]

3. Section 381.224 is amended by deleting ``West Virginia'' from

the ``State'' column in three places and by deleting the dates which

were added on the lines with ``West Virginia'' in three places.

Done at Washington, DC, on: September 20, 1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95-23741 Filed 9-25-95; 8:45 am]

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