Availability of the Report: Review of the Pathogen Reduction; Hazard Analysis and Critical Control Point Systems Final Rule Pursuant to Section 610 of the Regulatory Flexibility Act, as Amended, 50260-50261 [E7-17212]

Download as PDF 50260 Proposed Rules Federal Register Vol. 72, No. 169 Friday, August 31, 2007 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 [Docket No. 2007–0022] 9 CFR Parts 304, 308, 310, 320, 327, 381, 416, and 417 Availability of the Report: Review of the Pathogen Reduction; Hazard Analysis and Critical Control Point Systems Final Rule Pursuant to Section 610 of the Regulatory Flexibility Act, as Amended Food Safety and Inspection Service, USDA. ACTION: Notice of availability. AGENCY: The Food Safety and Inspection Service (FSIS) is announcing the availability of its report entitled, ‘‘Review of the Pathogen Reduction; Hazard Analysis and Critical Control Point Systems Final Rule Pursuant to Section 610 of the Regulatory Flexibility Act, As Amended.’’ ADDRESSES: The report is available in Room 102, Cotton Annex, 300 12th Street, SW., Washington, DC 20250– 3700, between 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. It is also available on the Internet at https://www.fsis.usda.gov/ regulations_&_policies/ 2007_Proposed_Rules_Index/index.asp. FOR FURTHER INFORMATION CONTACT: John O’Connell, Regulations and Petitions Policy Staff, Office of Policy, Program, and Employee Development, FSIS, U.S. Department of Agriculture, Room 112, Cotton Annex Building, 300 12th Street, SW., Washington, DC 20250–3700; telephone (202) 720–0345, fax (202) 690–0486. SUPPLEMENTARY INFORMATION: yshivers on PROD1PC62 with PROPOSALS SUMMARY: Background 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.), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451, et VerDate Aug<31>2005 15:10 Aug 30, 2007 Jkt 211001 seq.), and the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These statutes provide that FSIS is to protect the public by verifying that meat, poultry, and egg products are safe, wholesome, unadulterated, and properly labeled and packaged. Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 U.S.C. 601–612), requires that Federal agencies conduct a review of their rules that have a significant economic impact upon a substantial number of small entities. Agencies are required to conduct the review by the end of 10 years after the implementation of such a rule. The purpose of the review is to determine whether the rule should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact upon a substantial number of small entities. On January 28, 2005, FSIS published a schedule of its planned reviews in the Federal Register (70 FR 4047)— Regulatory Flexibility Act; Amended Plan for Reviewing Regulations Under Section 610 Requirements. According to the schedule, the Agency would first review the Pathogen Reduction; Hazard Analysis and Critical Control Point (PR/ HACCP) Systems final rule (61 FR 38806). FSIS assembled a team that conducted a review of the regulations implemented by the PR/HACCP rule. The team examined the five factors enumerated by Section 610 of the RFA: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, to the extent feasible, with State and local government rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. The team also looked at the economic impact of the rule on the meat and poultry industries. As part of its effort to satisfy the requirements of Section 610 of the RFA, FSIS published on August 12, 2005, a notice in the Federal Register (70 FR 47147) requesting comments from the public on the impact of the PR/HACCP PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 rule and on the relevant factors enumerated by Section 610 of the RFA. The Agency received 19 comments from the public concerning the PR/HACCP rule. The Agency also conducted a survey of nine small and very small meat and poultry establishments in order to ensure that it received comments on the PR/HACCP rule from small and very small businesses affected by the rule. FSIS summarized the comments it received and gives its response to these comments in the review report. In response to the comments and the review that the team conducted, the report recommends that the Agency take several steps to enhance and strengthen its outreach to small and very small businesses regarding HACCP and pathogen reduction efforts. Based on its analysis of the comments, FSIS determined that it was not necessary to make any changes to the PR/HACCP rule. 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 https:// www.fsis.usda.gov/regulations/ 2007_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, 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 E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules https://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. Done at Washington, DC on August 27, 2007. Alfred Almanza, Administrator. [FR Doc. E7–17212 Filed 8–30–07; 8:45 am] BILLING CODE 3410–DM–P FEDERAL ELECTION COMMISSION 11 CFR Part 100, 104, and 114 [Notice 2007–16] Electioneering Communications Federal Election Commission. Notice of proposed rulemaking. AGENCY: ACTION: The Federal Election Commission requests comments on proposed revisions to its rules governing electioneering communications. These proposed rules would implement the Supreme Court’s decision in FEC v. Wisconsin Right to Life, Inc., which held that the prohibition on the use of corporate and labor organization funds for electioneering communications is unconstitutional as applied to certain types of electioneering communications. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows. DATES: Comments must be received on or before October 1, 2007. The Commission will hold a hearing on the proposed rules on October 17, 2007 at 10 a.m. Anyone seeking to testify at the hearing must file written comments by the due date and must include a request to testify in the written comments. ADDRESSES: All comments must be in writing, must be addressed to Mr. Ron B. Katwan, Assistant General Counsel, and must be submitted in e-mail, facsimile, or paper copy form. Commenters are strongly encouraged to submit comments by e-mail or fax to ensure timely receipt and consideration. E-mail comments must be sent to wrtl.ads@fec.gov. If e-mail comments include an attachment, the attachment must be in Adobe Acrobat (.pdf) or Microsoft Word (.doc) format. Faxed comments must be sent to (202) 219– 3923, with paper copy follow-up. Paper comments and paper copy follow-up of faxed comments must be sent to the yshivers on PROD1PC62 with PROPOSALS SUMMARY: VerDate Aug<31>2005 15:10 Aug 30, 2007 Jkt 211001 Federal Election Commission, 999 E Street, NW., Washington, DC 20463. All comments must include the full name and postal service address of the commenter or they will not be considered. The Commission will post comments on its Web site after the comment period ends. FOR FURTHER INFORMATION CONTACT: Mr. Ron B. Katwan, Assistant General Counsel, Mr. Anthony T. Buckley, Attorney, or Ms. Margaret G. Perl, Attorney, 999 E Street, NW., Washington, DC 20463, (202) 694–1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: The Commission is seeking public comment on proposed revisions to 11 CFR parts 100, 104 and 114 that would implement the recent U.S. Supreme Court decision in FEC v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (June 25, 2007), available at https://www.fec.gov/law/ litigation/wrtl_sct_decision.pdf. I. Background A. Statutory and Regulatory Provisions Governing Electioneering Communications The Bipartisan Campaign Reform Act of 2002 (‘‘BCRA’’) 1 amended the Federal Election Campaign Act of 1971, as amended 2 (the ‘‘Act’’ or ‘‘FECA’’), by adding a new category of political communications, ‘‘electioneering communications,’’ to those already governed by the Act. See 2 U.S.C. 434(f)(3). Electioneering communications are broadcast, cable or satellite communications that refer to a clearly identified candidate for Federal office, are publicly distributed within sixty days before a general election or thirty days before a primary election, and are targeted to the relevant electorate. See 2 U.S.C. 434(f)(3)(A)(i). Those who make electioneering communications are subject to certain reporting obligations. See 2 U.S.C. 434(f)(1) and (2). Corporations and labor organizations are prohibited from using general treasury funds to finance electioneering communications, directly or indirectly. 2 U.S.C. 441b(b)(2). The Act exempts certain communications from the definition of ‘‘electioneering communication’’ found in 2 U.S.C. 434(f)(3)(B)(i) to (iii), and specifically authorizes the Commission to promulgate regulations exempting other communications as long as the exempted communications do not promote, support, attack or oppose (‘‘PASO’’) a candidate. See 2 U.S.C. 1 Pub. 22 PO 00000 L. 107–155, 116 Stat. 81 (2002). U.S.C. 431 et seq. Frm 00002 Fmt 4702 Sfmt 4702 50261 434(f)(3)(B)(iv), citing 2 U.S.C. 431(20)(A)(iii). The Commission promulgated regulations to implement BCRA’s electioneering communications provisions. Final Rules and Explanation and Justification for Regulations on Electioneering Communications, 67 FR 65190 (Oct. 23, 2002) (‘‘EC E&J’’).3 See also 11 CFR 100.29 (defining ‘‘electioneering communication’’); 104.20 (implementing electioneering communications reporting requirements); 110.11(a) (requiring disclaimers in all electioneering communications); 114.2 (prohibiting corporations and labor organizations from making electioneering communications); 114.10 (allowing qualified non-profit corporations (‘‘QNCs’’) to make electioneering communications); 114.14 (restricting indirect corporate and labor organization funding of electioneering communications). Commission regulations exempt five types of communications from the definition of ‘‘electioneering communication.’’ See 11 CFR 100.29(c).4 B. U.S. Supreme Court Precedent Regarding Electioneering Communications In McConnell v. FEC, 540 U.S. 93 (2003) (‘‘McConnell’’), the U.S. Supreme Court upheld BCRA’s electioneering communication provisions against various constitutional challenges. Id. at 194, 201–02, 207–08. Specifically, the Supreme Court held that the prohibition on the use of general treasury funds by corporations and labor organizations to pay for electioneering communications in 2 U.S.C. 441b(b)(2) was not facially overbroad. Id. at 204–06. In Wisconsin Right to Life, Inc. v. FEC, 546 U.S. 410 (2006) (‘‘WRTL I’’), the U.S. Supreme Court explained that McConnell’s upholding of section 441b(b)(2) against a facial constitutional challenge did not preclude further as-applied challenges to the corporate and labor organization funding prohibitions. See WRTL I, 546 U.S. at 411–12. Subsequently, in FEC v. 3 The Commission revised its electioneering communications regulations in 2005, in response to Shays v. FEC, 337 F. Supp. 2d 28 (D.D.C. 2004), aff’d, 414 F.3d 76 (D.C. Cir. 2005), reh’g en banc denied, No. 04–5352 (D.C. Cir. Oct. 21, 2005). See Final Rules and Explanation and Justification for Regulations on Electioneering Communications, 70 FR 75713 (Dec. 21, 2005). 4 The exemptions in 11 CFR 100.29(c)(1) (nonbroadcast communications), 100.29(c)(2) (news stories, commentaries or editorials), 100.29(c)(3) (expenditures and independent expenditures) and 100.29(c)(4) (candidate debates or forums) are based on the express language of the Act. See 2 U.S.C. 434(f)(3)(B)(i) to (iii). Section 100.29(c)(5) exempts communications paid for by State or local candidates that do not PASO any Federal candidate. E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Proposed Rules]
[Pages 50260-50261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17212]


========================================================================
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. 72, No. 169 / Friday, August 31, 2007 / 
Proposed Rules

[[Page 50260]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. 2007-0022]

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


Availability of the Report: Review of the Pathogen Reduction; 
Hazard Analysis and Critical Control Point Systems Final Rule Pursuant 
to Section 610 of the Regulatory Flexibility Act, as Amended

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of its report entitled, ``Review of the Pathogen 
Reduction; Hazard Analysis and Critical Control Point Systems Final 
Rule Pursuant to Section 610 of the Regulatory Flexibility Act, As 
Amended.''

ADDRESSES: The report is available in Room 102, Cotton Annex, 300 12th 
Street, SW., Washington, DC 20250-3700, between 8:30 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays. It is also 
available on the Internet at https://www.fsis.usda.gov/regulations_&_
policies/2007_Proposed_Rules_Index/index.asp.

FOR FURTHER INFORMATION CONTACT: John O'Connell, Regulations and 
Petitions Policy Staff, Office of Policy, Program, and Employee 
Development, FSIS, U.S. Department of Agriculture, Room 112, Cotton 
Annex Building, 300 12th Street, SW., Washington, DC 20250-3700; 
telephone (202) 720-0345, fax (202) 690-0486.

SUPPLEMENTARY INFORMATION:

Background

    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.), the Poultry Products 
Inspection Act (PPIA) (21 U.S.C. 451, et seq.), and the Egg Products 
Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These statutes provide 
that FSIS is to protect the public by verifying that meat, poultry, and 
egg products are safe, wholesome, unadulterated, and properly labeled 
and packaged.
    Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 
U.S.C. 601-612), requires that Federal agencies conduct a review of 
their rules that have a significant economic impact upon a substantial 
number of small entities. Agencies are required to conduct the review 
by the end of 10 years after the implementation of such a rule.
    The purpose of the review is to determine whether the rule should 
be continued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, to 
minimize any significant economic impact upon a substantial number of 
small entities.
    On January 28, 2005, FSIS published a schedule of its planned 
reviews in the Federal Register (70 FR 4047)--Regulatory Flexibility 
Act; Amended Plan for Reviewing Regulations Under Section 610 
Requirements. According to the schedule, the Agency would first review 
the Pathogen Reduction; Hazard Analysis and Critical Control Point (PR/
HACCP) Systems final rule (61 FR 38806).
    FSIS assembled a team that conducted a review of the regulations 
implemented by the PR/HACCP rule. The team examined the five factors 
enumerated by Section 610 of the RFA: (1) The continued need for the 
rule; (2) the nature of complaints or comments received from the public 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal 
rules and, to the extent feasible, with State and local government 
rules; and (5) the length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. The team also looked at 
the economic impact of the rule on the meat and poultry industries.
    As part of its effort to satisfy the requirements of Section 610 of 
the RFA, FSIS published on August 12, 2005, a notice in the Federal 
Register (70 FR 47147) requesting comments from the public on the 
impact of the PR/HACCP rule and on the relevant factors enumerated by 
Section 610 of the RFA. The Agency received 19 comments from the public 
concerning the PR/HACCP rule. The Agency also conducted a survey of 
nine small and very small meat and poultry establishments in order to 
ensure that it received comments on the PR/HACCP rule from small and 
very small businesses affected by the rule.
    FSIS summarized the comments it received and gives its response to 
these comments in the review report. In response to the comments and 
the review that the team conducted, the report recommends that the 
Agency take several steps to enhance and strengthen its outreach to 
small and very small businesses regarding HACCP and pathogen reduction 
efforts. Based on its analysis of the comments, FSIS determined that it 
was not necessary to make any changes to the PR/HACCP rule.

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 https://www.fsis.usda.gov/
regulations/2007_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, 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

[[Page 50261]]

https://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.

    Done at Washington, DC on August 27, 2007.
Alfred Almanza,
Administrator.
 [FR Doc. E7-17212 Filed 8-30-07; 8:45 am]
BILLING CODE 3410-DM-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.