Scale Requirements for Accurate Weights, Repairs, Adjustments, and Replacement After Inspection

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 99-016F]

Scale Requirements for Accurate Weights, Repairs, Adjustments,

and Replacement After Inspection

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the

Federal meat and poultry products inspection regulations to update

references to the National Institute of Standards and Technology (NIST)

Handbook 44, ``Specifications, Tolerances, and Other Technical

Requirements for Measuring Devices.'' The 1999 edition of NIST Handbook

44 was published in November 1998 and is the most current edition of

the handbook. FSIS is amending the provisions in its regulations that

reference NIST Handbook 44 to reflect this most recent edition.

DATES: This rule will be effective on November 30, 1999, unless the

Agency receives written adverse comments

[[Page 53187]]

within the scope of the rulemaking or written notice of intent to

submit adverse comments within the scope of the rulemaking on or before

November 1, 1999. If the agency receives relevant adverse comments, it

will publish a timely withdrawal of the rule, and it will not take

effect. The incorporation by reference of the publication listed in the

rule is approved by the Director of the Federal Register as of November

30, 1999.

ADDRESSES: Adverse comments within the scope of the rulemaking or

notice of intent to submit adverse comments within the scope of the

rulemaking should be sent in triplicate to FSIS Docket Clerk, DOCKET

99-016F, Room 102 Cotton Annex Building, FSIS, U.S. Department

of Agriculture, Washington, DC 20250-3700. All comments submitted in

response to this direct final rule will be available for public

inspection in the Docket Clerk's Office between 8:30 a.m. and 4:30

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Daniel L. Engeljohn, Ph.D., Director,

Regulations Development and Analysis Division, Office of Policy,

Program Development, and Evaluation, Food Safety and Inspection

Service, U.S. Department of Agriculture, (202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

Under Title 1 of the Code of Federal Regulations (1 CFR Part 51),

an agency seeking approval of a change to a publication that is

approved for incorporation by reference in the Code of Federal

Regulations (CFR) must publish a notice of the change in the Federal

Register and amend the CFR. The agency must also ensure that a copy of

the amendment or revision is on file at the Office of the Federal

Register and notify the Director of the Federal Register in writing

that the change is being made.

Accordingly, FSIS has reviewed the most recent publication of NIST

Handbook 44 as it pertains to meat products and poultry products and

has reviewed the FSIS regulations that reference the handbook. In this

direct final rule, FSIS is amending its regulations to change

references to NIST Handbook 44 from the 1994 edition, published in

November 1993, to the 1999 edition, published in November 1998.

The changes to the General Scales Codes of NIST Handbook 44 from

1993 through 1998 primarily recognize new features and capabilities of

scales. These changes were adopted to give scale manufacturers more

flexibility in scale design and to allow them to incorporate features

that better meet the needs of the users. Although NIST Handbook 44

addresses a wide range of scales, the following summary describes the

most significant changes adopted in the handbook from 1993 to 1998 that

are applicable to scales used to weigh meat products and poultry

products produced at meat and poultry establishments.

The new provisions allow scales used in retail stores to compute

unit prices on the basis of price per 100 grams or price per kilogram

and permit operator keys to be marked with standardized pictograms.

Other changes permit scales to weigh to 105 percent of their capacity

when tare is deducted. This change clarifies a requirement that limited

device indications. Another general requirement exempts new weighing

systems from specific technical requirements for load cells if the

device is traceable to a Certificate of Conformance issued by the

National Type Evaluation Program.

The most significant change was the adoption of Section 2.24

Automatic Weighing Systems in the 1998 edition of Handbook 44,

published in November 1997, which established specifications,

tolerances, and other technical requirements for weigh-labelers and

automatic checkweighers. This section was developed by the National

Conference on Weights and Measures (NCWM) and NIST at the request of

FSIS, so that these types of devices, which are primarily used in

weighing, labeling, or checkweighing packages, could be tested to

ensure conformance with a nationally accepted standard.

Copies of the 1999 edition of NIST Handbook 44 are on file at the

Office of the Federal Register. Copies of the publication may be

purchased from the Superintendent of Documents, Government Printing

Office, Washington, DC 20402.

Effective Date

FSIS is publishing this rule without prior proposal because it

views this action as non-controversial 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 FSIS receives written adverse comments within the scope of the

rulemaking, or written notice of intent to submit adverse comments

within the scope of the rulemaking, within 30 days of the date of

publication of this rule in the Federal Register. If written adverse

comments within the scope of the rulemaking are received, the final

rulemaking notice will be withdrawn, and a proposed rulemaking notice

will establish a comment period.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule (1) preempts all State and local law 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.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been determined not to be significant for purposes of

Executive Order 12866 and therefore, has not been reviewed by the

Office of Management and Budget.

The Administrator, FSIS, has determined that this rule will not

have a significant economic impact on a substantial number of small

entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601).

This direct final rule merely updates the FSIS regulations to reflect

the current standards used by weights and measures officials to

evaluate the technical requirements for devices used to weigh meat and

poultry products. The 1999 edition of NIST Handbook 44 is currently

available and being used by scale manufacturers and weights and

measures officials.

List of Subjects

9 CFR Part 317

Incorporation by reference, Meat inspection, Net weight.

9 CFR Part 381

Incorporation by reference, Net weight, Poultry and product

products.

For the reasons set out in the preamble, 9 CFR parts 317 and 381

are amended as set forth below.

PART 317--LABELING, MARKING DEVICES, AND CONTAINERS

1. The authority citation for Part 317 continues to read as

follows:

Authority: 21 U.S.C. 601-695; 7 CFR 2.17, 2.55.

Sec. 317.20 [Amended]

2. Section 317.20 is amended by revising the second sentence of

paragraph (a) to read as follows:

Sec. 317.20 Scale requirements for accurate weights, repairs,

adjustments, and replacement after inspection.

(a) * * * Such scales shall meet the applicable requirements

contained in National Institute of Standards and

[[Page 53188]]

Technology Handbook 44, ``Specifications, Tolerances, and Other

Technical Requirements for Weighing and Measuring Devices,'' 1999

Edition, November 1998, which is incorporated by reference. * * *

* * * * *

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

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

follows:

Authority: 7 U.S.C. 450; 21 U.S.C. 451-470; 7 CFR 2.17, 2.55.

Sec. 381.121c [Amended]

4. Section 381.121c is amended by revising the second sentence of

paragraph (a) to read as follows:

Sec. 381.121c Scale requirements for accurate weights, repairs,

adjustments, and replacement after inspection.

(a) * * * Such scales shall meet the applicable requirements

contained in National Institute of Standards and Technology (NIST)

Handbook 44, ``Specifications, Tolerances, and Other Technical

Requirements for Weighing and Measuring Devices,'' 1999 Edition,

November 1998, which is incorporated by reference. * * *

* * * * *

Thomas J. Billy,

Administrator.

[FR Doc. 99-24571 Filed 9-30-99; 8:45 am]

BILLING CODE 3410-DM-P