Termination of Designation of the State of North Dakota With Respect to the Inspection of Poultry Products, 12420-12421 [05-4993]

Download as PDF 12420 Proposed Rules Federal Register Vol. 70, No. 48 Monday, March 14, 2005 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. DEPARTMENT OF AGRICULTURE 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 Food Safety and Inspection Service, USDA. ACTION: Proposed rule. AGENCY: 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 methods: • 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. VerDate jul<14>2003 15:27 Mar 11, 2005 Jkt 205001 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. SUPPLEMENTARY INFORMATION: Background 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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. E:\FR\FM\14MRP1.SGM 14MRP1 Federal Register / Vol. 70, No. 48 / Monday, March 14, 2005 / Proposed Rules List of Subjects in 9 CFR Part 381 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. VerDate jul<14>2003 15:27 Mar 11, 2005 Jkt 205001 Poultry and poultry products. PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS 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. § 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.’’ § 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] BILLING CODE 3410–DM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2004–18038; Directorate Identifier 2004–NE–01–AD] RIN 2120–AA64 Airworthiness Directives; Honeywell International Inc., (Formerly AlliedSignal, Inc., Formerly Textron Lycoming) T5309, T5311, T5313B, T5317A, T5317A–1, and T5317B Series, and T53–L–9, T53–L–11, T53–L–13B, T53–L–13BA, T53–L–13B S/SA, T53–L– 13B S/SB, T53–L–13B/D, and T53–L– 703 Series Turboshaft Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); reopening of the comment period. AGENCY: SUMMARY: The FAA is reopening the comment period of a proposed airworthiness directive (AD) for Honeywell International Inc., (formerly AlliedSignal, Inc., formerly Textron Lycoming) T5309, T5311, T5313B, T5317A, T5317A–1, and T5317B series turboshaft engines, installed on, but not limited to, Bell 205 and Kaman K–1200 series helicopters, and T53–L–9, T53–L– PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 12421 11, T53–L–13B, T53–L–13BA, T53–L– 13B S/SA, T53–L–13B S/SB, T53–L– 13B/D, and T53–L–703 series turboshaft engines, installed on, but not limited to, Bell AH–1 and UH–1 helicopters, certified under § 21.25 or 21.27 of the Code of Federal Regulations (14 CFR 21.25 or 14 CFR 21.27). The proposed AD would require operators to remove from service affected compressor, gas producer, and power turbine rotating components at reduced life limits, and would require use of replacement drawdown schedules for components on certain engine models that exceed the new limits. Since issuing the NPRM, we have determined that the comment period for NPRM, Docket No. FAA– 2004–18038 (69 FR 33599, June 16, 2004) should be reopened and the public should have additional time to comment. DATES: We must receive any comments on this proposed AD by March 31, 2005. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You can get the service information identified in this proposed AD from Honeywell International Inc., Attn: Data Distribution, M/S 64–3/2101–201, P.O. Box 29003, Phoenix, AZ 85038–9003; telephone: (602) 365–2493; fax:(602) 365–5577. You may examine the comments on this proposed AD in the AD docket on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Robert Baitoo, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712–4137; telephone: (562) 627–5245, fax: (562) 627–5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Proposed Rules]
[Pages 12420-12421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4993]


========================================================================
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.

========================================================================


Federal Register / Vol. 70, No. 48 / Monday, March 14, 2005 / 
Proposed Rules

[[Page 12420]]



DEPARTMENT OF AGRICULTURE

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 
methods:
     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.

SUPPLEMENTARY INFORMATION:

Background

    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.

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

    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 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]
BILLING CODE 3410-DM-P