Notice of a Section 610 Regulatory Flexibility Act Review of the Pathogen Reduction/Hazard Analysis Critical Control Point (HACCP) Systems Final Rule, 47147-47148 [05-16027]

Download as PDF Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Proposed Rules (i) A spouse living separate and apart from the filer with the intention of terminating the marriage or providing for permanent separation; (ii) A former spouse or a spouse from whom the filer is permanently separated; or (iii) Any income or obligations of the filer arising from dissolution of the filer’s marriage or permanent separation from a spouse. Example to paragraph (h)(5). A filer and her husband are living apart in anticipation of divorcing. The filer need not report any information about her spouse’s sole assets and liabilities, but she must continue to report their joint assets and liabilities. (i) Trusts, estates, and investment funds—(1) In general. (i) Except as otherwise provided in this section, each confidential financial disclosure report shall include the information required by this subpart about the holdings of any trust, estate, investment fund or other financial arrangement from which income is received by, or with respect to which a beneficial interest in principal or income is held by, the filer, his spouse, or dependent child. (ii) No information, however, is required about a nonvested beneficial interest in the principal or income of an estate or trust. A vested interest is a present right or title to property, which carries with it an existing right of alienation, even though the right to possession or enjoyment may be postponed to some uncertain time in the future. This includes a future interest when one has a right, defeasible or indefeasible, to the immediate possession or enjoyment of the property, upon the ceasing of another’s interest. Accordingly, it is not the uncertainty of the time of enjoyment in the future, but the uncertainty of the right of enjoyment (title and alienation), which differentiates a ‘‘vested’’ and a ‘‘nonvested’’ interest. Note to paragraph (i)(1): Nothing in this section requires the reporting of the holdings of a revocable inter vivos trust (also known as a ‘‘living trust’’) with respect to which the filer, his spouse or dependent child has only a remainder interest, whether or not vested, provided that the grantor of the trust is neither the filer, the filer’s spouse, nor the filer’s dependent child. Furthermore, nothing in this section requires the reporting of the holdings of a revocable inter vivos trust from which the filer, his spouse or dependent child receives any discretionary distribution, provided that the grantor of the trust is neither the filer, the filer’s spouse, nor the filer’s dependent child. (2) Qualified trusts and excepted trusts. (i) A filer should not report information about the holdings of any qualified blind trust (as defined in VerDate jul<14>2003 12:47 Aug 11, 2005 Jkt 205001 § 2634.403) or any qualified diversified trust (as defined in § 2634.404). (ii) In the case of an excepted trust, a filer should indicate the general nature of its holdings, to the extent known, but does not otherwise need to report information about the trust’s holdings. For purposes of this part, the term ‘‘excepted trust’’ means a trust: (A) Which was not created directly by the filer, spouse, or dependent child; and (B) The holdings or sources of income of which the filer, spouse, or dependent child have no specific knowledge through a report, disclosure, or constructive receipt, whether intended or inadvertent. (3) Excepted investment funds. (i) No information is required under paragraph (i)(1) of this section about the underlying holdings of an excepted investment fund as defined in paragraph (i)(3)(ii) of this section, except that the fund itself shall be identified as an interest in property and/or a source of income. (ii) For purposes of financial disclosure reports filed under the provisions of this subpart, an ‘‘excepted investment fund’’ means a widely held investment fund (whether a mutual fund, regulated investment company, common trust fund maintained by a bank or similar financial institution, pension or deferred compensation plan, or any other investment fund), if: (A)(1) The fund is publicly traded or available; or (2) The assets of the fund are widely diversified; and (B) The filer neither exercises control over nor has the ability to exercise control over the financial interests held by the fund. (iii) A fund is widely diversified if it holds no more than 5% of the value of its portfolio in the securities of any one issuer (other than the United States Government) and no more than 20% in any particular economic or geographic sector. (j) Special rules. (1) Political campaign funds, including campaign receipts and expenditures, need not be included in any report filed under this subpart. However, if the individual has authority to exercise control over the fund’s assets for personal use rather than campaign or political purposes, that portion of the fund over which such authority exists must be reported. (2) In lieu of entering data on a part of the report form designated by the Office of Government Ethics, a filer may attach to the reporting form a copy of a brokerage report, bank statement, or other material, which, in a clear and concise fashion, readily discloses all PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 47147 information which the filer would otherwise have been required to enter on the concerned part of the report form. (k) For reports of confidential filers described in § 2634.904(a)(3) of this subpart, each supplemental confidential financial disclosure report shall include only the supplemental information: (1) Which is more extensive than that required in the reporting individual’s public financial disclosure report under this part; and (2) Which has been approved by the Office of Government Ethics for collection by the agency concerned, as set forth in supplemental agency regulations and forms, issued under §§ 2634.103 and 2634.601(b) (see § 2634.901(b) and (c) of this subpart). § 2634.908 [Amended] 21. Section 2634.908 is amended by removing the phrase ‘‘twelve months ending September 30,’’ in paragraph (a) and adding in their place the phrase ‘‘calendar year,’’. [FR Doc. 05–15927 Filed 8–11–05; 8:45 am] BILLING CODE 6345–02–P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 304, 308, 310, 320, 327, 381, 416, and 417 [Docket No. 05–024N] Notice of a Section 610 Regulatory Flexibility Act Review of the Pathogen Reduction/Hazard Analysis Critical Control Point (HACCP) Systems Final Rule Food Safety and Inspection Service (FSIS), USDA. ACTION: Request for comments. AGENCY: SUMMARY: The FSIS is conducting a review of the regulations established by the Pathogen Reduction/Hazard Analysis Critical Control Point (HACCP) final rule under Section 610 of the Regulatory Flexibility Act, as amended. These provisions require that all Federal agencies review existing regulations that have a significant economic impact on a substantial number of small entities to determine whether the associated impact can be minimized. FSIS is seeking comment from the public, especially from small meat and poultry establishments, on the regulations established by the Pathogen Reduction; Hazard Analysis Critical Control Point Systems (HACCP) final rule. DATES: Comments on this notice must be received on or before October 11, 2005. E:\FR\FM\12AUP1.SGM 12AUP1 47148 Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Proposed Rules FSIS invites interested persons to submit comments on this notice. Comments may be submitted by the following methods: • Mail, including floppy disks or CDROM’s, and hand- or courier-delivered items: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., Room 102 Cotton Annex, Washington, DC 20250. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Electronic mail: fsis.regulationscomments@fsis.usda.gov. Follow the online instructions at that site for submitting comments. All submissions received must include the Agency name and docket number 05–024N. All comments submitted in response to this notice, as well as research and background information used by 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, except Federal holidays. The comments will also 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: Dr. Quita Bowman Blackwell, Director, Directives and Economic Analysis Staff, FSIS, U.S. Department of Agriculture, 300 12th Street, SW., Room 112, Washington, DC 20250–3700, (202) 720– 5627. SUPPLEMENTARY INFORMATION: ADDRESSES: Background Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 U.S.C. 601–612), requires that all Federal agencies review any regulations that have been identified as having a significant economic impact upon a substantial number of small entities as a means to determine whether the associated impact can be minimized. On January 28, 2005, FSIS published an Amended Plan for Reviewing Regulations Under Section 610 Requirements (70 FR 4047). According to this plan, FSIS would review the regulations established by the Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems final rule in 2005. The Agency is now conducting this review. The Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems final rule (61 FR 38806) was published on July 25, 1996. These regulations did (1) require that each establishment develop and VerDate jul<14>2003 12:47 Aug 11, 2005 Jkt 205001 implement written Sanitation Standard Operating Procedures; (2) require regular microbial testing by slaughter establishments to verify the adequacy of the establishment’s process controls for the prevention and removal of fecal contamination and associated bacteria; (3) establish pathogen reduction performance standards for Salmonella that slaughter establishments and establishments producing raw ground products must meet; and (4) require that all meat and poultry establishments develop and implement a system of preventive controls designed to improve the safety of their products, known as HACCP (Hazard Analysis and Critical Control Point). The Agency is requesting comments, especially from small meat and poultry establishments, on the regulations established by the final rule. Specifically, FSIS is asking comments on the continued need for the rule; the complexity of the rule; the extent to which the rule may overlap, duplicate, or conflict with other Federal rules; and the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since its implementation. 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://www.fsis.usda.gov/ regulations_&_policies/ 2005_Proposed_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, 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 electronic mail subscription service for 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 which provides an automatic and customized notification when popular pages are PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 updated, including 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 across 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 protect their accounts with passwords. Done at Washington, DC, on August 9, 2005. Barbara J. Masters, Administrator. [FR Doc. 05–16027 Filed 8–11–05; 8:45 am] BILLING CODE 3410–DM–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 [Docket No. PRM–51–9] State of Nevada; Receipt of Petition for Rulemaking Nuclear Regulatory Commission. ACTION: Petition for rulemaking; notice of receipt. AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by the State of Nevada (petitioner). The petition has been docketed by the NRC and has been assigned Docket No. PRM–51–9. The petitioner is requesting that the NRC amend the regulation that governs adoption of an environmental impact statement prepared by the Secretary of Energy in proceedings for issuance of a construction authorization or materials license with respect to a geological repository. The petitioner believes that the current regulation, as written, violates the National Environmental Policy Act of 1969, as amended (NEPA), the Nuclear Waste Policy Act of 1982, as amended (NWPA), and a recent court of appeals decision. DATES: Submit comments by October 26, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number PRM–51–9 in the subject line of your comments. Comments on petitions E:\FR\FM\12AUP1.SGM 12AUP1

Agencies

[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Proposed Rules]
[Pages 47147-47148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16027]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 304, 308, 310, 320, 327, 381, 416, and 417

[Docket No. 05-024N]


Notice of a Section 610 Regulatory Flexibility Act Review of the 
Pathogen Reduction/Hazard Analysis Critical Control Point (HACCP) 
Systems Final Rule

AGENCY: Food Safety and Inspection Service (FSIS), USDA.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The FSIS is conducting a review of the regulations established 
by the Pathogen Reduction/Hazard Analysis Critical Control Point 
(HACCP) final rule under Section 610 of the Regulatory Flexibility Act, 
as amended. These provisions require that all Federal agencies review 
existing regulations that have a significant economic impact on a 
substantial number of small entities to determine whether the 
associated impact can be minimized. FSIS is seeking comment from the 
public, especially from small meat and poultry establishments, on the 
regulations established by the Pathogen Reduction; Hazard Analysis 
Critical Control Point Systems (HACCP) final rule.

DATES: Comments on this notice must be received on or before October 
11, 2005.

[[Page 47148]]


ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by the following methods:
     Mail, including floppy disks or CD-ROM's, and hand- or 
courier-delivered items: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., 
Room 102 Cotton Annex, Washington, DC 20250.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Electronic mail: 
fsis.regulationscomments@fsis.usda.gov. Follow the online instructions 
at that site for submitting comments.
    All submissions received must include the Agency name and docket 
number 05-024N.
    All comments submitted in response to this notice, as well as 
research and background information used by 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, except Federal holidays. The comments will also 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: Dr. Quita Bowman Blackwell, Director, 
Directives and Economic Analysis Staff, FSIS, U.S. Department of 
Agriculture, 300 12th Street, SW., Room 112, Washington, DC 20250-3700, 
(202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

    Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 
U.S.C. 601-612), requires that all Federal agencies review any 
regulations that have been identified as having a significant economic 
impact upon a substantial number of small entities as a means to 
determine whether the associated impact can be minimized.
    On January 28, 2005, FSIS published an Amended Plan for Reviewing 
Regulations Under Section 610 Requirements (70 FR 4047). According to 
this plan, FSIS would review the regulations established by the 
Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) 
Systems final rule in 2005. The Agency is now conducting this review.
    The Pathogen Reduction; Hazard Analysis and Critical Control Point 
(HACCP) Systems final rule (61 FR 38806) was published on July 25, 
1996. These regulations did (1) require that each establishment develop 
and implement written Sanitation Standard Operating Procedures; (2) 
require regular microbial testing by slaughter establishments to verify 
the adequacy of the establishment's process controls for the prevention 
and removal of fecal contamination and associated bacteria; (3) 
establish pathogen reduction performance standards for Salmonella that 
slaughter establishments and establishments producing raw ground 
products must meet; and (4) require that all meat and poultry 
establishments develop and implement a system of preventive controls 
designed to improve the safety of their products, known as HACCP 
(Hazard Analysis and Critical Control Point).
    The Agency is requesting comments, especially from small meat and 
poultry establishments, on the regulations established by the final 
rule. Specifically, FSIS is asking comments on the continued need for 
the rule; the complexity of the rule; the extent to which the rule may 
overlap, duplicate, or conflict with other Federal rules; and the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule since its implementation.

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://www.fsis.usda.gov/
regulations_&_policies/2005_Proposed_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, 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 electronic mail subscription service for 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 
which provides an automatic and customized notification when popular 
pages are updated, including 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 across 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 protect their accounts with passwords.

    Done at Washington, DC, on August 9, 2005.
Barbara J. Masters,
Administrator.
[FR Doc. 05-16027 Filed 8-11-05; 8:45 am]
BILLING CODE 3410-DM-P