Control of Listeria monocytogenes in Ready-To-Eat Meat and Poultry Products, 51355-51356 [E8-20368]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations
Impact on Small Entities
In 2007, there were 12,400 cattle
operations in Montana with a total
inventory of approximately 2.4 million
head. Industry statistics indicate that
the average value of cattle in Montana
for 2007 was $1,050 per head, yielding
a total estimated cattle herd value of
$2.52 billion.6
Based on data from the 2002 Census
of Agriculture and Small Business
Administration (SBA) guidelines, we
expect a majority of operations affected
by the interim rule will be small
entities. Entities that comprise the North
American Industry Classification
System (NAICS) categories of beef cattle
ranching and farming (NAICS 112111)
and dairy cattle and milk production
(NAICS 112120) are considered small if
their total annual receipts do not exceed
$750,000. The 2002 Census of
Agriculture indicates that 99 percent of
entities within NAICS 112111, and 89
percent of entities within NAICS
112120, earned less than $500,000
annually. Most, if not all, of the beef and
dairy herds in Montana are considered
small entities.
The Animal Health Protection Act (7
U.S.C. 8301 et seq.) provides the
statutory authority for APHIS to carry
out operations and measures to detect,
control, and eradicate brucellosis. While
this change in status will result in
additional requirements for interstate
movement of cattle for Montana
producers, the benefits of the restriction
in preventing the spread of brucellosis
to other parts of the United States
outweighs the additional costs of
brucellosis testing. APHIS does not
expect additional costs to have a
significant impact on a substantial
number of small entities. This
rulemaking is necessary on an
emergency basis to prevent the
interstate spread of brucellosis.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
yshivers on PROD1PC62 with RULES
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
animal_diseases/brucellosis/downloads/brucfacts.pdf. Accessed 8/4/08.
6 National Agricultural Statistics Service/U.S.
Department of Agriculture (USDA). Agricultural
Statistics 2007. https://www.nass.usda.gov/
Statistics_by_State/Montana/index.asp.
VerDate Aug<31>2005
15:06 Sep 02, 2008
Jkt 214001
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
in conflict 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.
Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs,
Quarantine, Reporting and
recordkeeping requirements,
Transportation.
■ Accordingly, we are amending 9 CFR
part 78 as follows:
PART 78—BRUCELLOSIS
1. The authority citation for part 78
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
§ 78.41
[Amended]
2. Section 78.41 is amended as
follows:
■ a. In paragraph (a), by removing the
word ‘‘Montana,’’.
■ b. In paragraph (b), by removing the
word ‘‘None’’ and adding the word
‘‘Montana’’ in its place.
■
Done in Washington, DC, this 27th day of
August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–20374 Filed 9–2–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 430
[Docket No. 2007–0046]
Control of Listeria monocytogenes in
Ready-To-Eat Meat and Poultry
Products
Food Safety and Inspection
Service (FSIS), USDA.
ACTION: Interim final rule; schedule for
review under section 610 requirements.
AGENCY:
SUMMARY: The Food Safety and
Inspection Service (FSIS) is announcing
that it did not conduct a review of the
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
51355
interim final rule, Control of Listeria
monocytogenes in Ready-to-Eat Meat
and Poultry Products, in 2007 as stated
in its amended schedule plan for
reviewing regulations under Section 610
of the Regulatory Flexibility Act, as
amended. The Agency has decided to
wait until it publishes a final rule in this
proceeding before amending its plan so
it can conduct a review of that final rule
instead of the interim final rule.
FOR FURTHER INFORMATION CONTACT: For
further information contact Rachel
Edelstein, Director, Policy Issuances
Division, FSIS, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., Room 3538, Washington,
DC 20250–3700, (202) 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 by
considering the following factors: (1)
The continued need for the rule; (2) the
nature of the complaints or comments
received concerning the rule from the
public; (3) the complexity of the rule; (4)
the extent to which the rule overlaps,
duplicates, or conflicts with other
Federal rules; and (5) the length of time
since the rule has been initially
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule.
On January 28, 2005, FSIS published
an amended scheduling plan in the
Federal Register (70 FR 4047) for
reviewing regulations. This plan
scheduled a review in 2007 of the
interim final rule, Control of Listeria
monocytogenes in Ready-to-Eat Meat
and Poultry Products (68 FR 34208; June
6, 2003). Because FSIS intends to issue
a final rule in this rulemaking, it does
not plan to review the interim final rule.
Once the Agency publishes the final
rule, it will amend its plan so it will be
able to properly assess the impact of the
final 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://
E:\FR\FM\03SER1.SGM
03SER1
51356
Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations
www.fsis.usda.gov/regulations_&_
policies/2008_Notices_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
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
accounts.
Done at Washington, DC, on August 27,
2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8–20368 Filed 9–2–08; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–0550; Airspace
Docket 08–AEA–21]
Modification of Class D and Class E
Airspace; Rome, NY
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule, request for
comments.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: This action modifies the Class
D and E airspace at Griffiss Airfield in
Rome, NY. After the development of
specific Departure Procedures (DPs) at
the airfield, it was determined the Class
D and E Surface airspace should be
reduced in size to facilitate a more
efficient operation. This rule increases
VerDate Aug<31>2005
15:06 Sep 02, 2008
Jkt 214001
the safety and management of the
National Airspace System (NAS) around
Griffiss Airfield.
DATES: Effective 0901 UTC, November
20, 2008. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments. Comments should be
received no later than October 3, 2008.
ADDRESSES: Send comments on this rule
to: U. S. Department of Transportation,
Docket Operations, West Building,
Ground Floor, Room W12–140, 1200
New Jersey, SE., Washington, DC
20590–0001; Telephone: 1–800–647–
5527; Fax: 202–493–2251. You must
identify the Docket Number FAA–2008–
0550; Airspace Docket No. 08–AEA–21,
at the beginning of your comments. You
may also submit and review received
comments through the Internet at https://
www.regulations.gov.
You may review the public docket
containing the rule, any comments
received, and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
An informal docket may also be
examined during normal business hours
at the office of the Eastern Service
Center, Federal Aviation
Administration, Room 210, 1701
Columbia Avenue, College Park, Georgia
30337.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–5610.
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in adverse or
negative comments, and, therefore,
issues it as a direct final rule. The FAA
has determined that this rule only
involves an established body of
technical regulations for which frequent
and routine amendments are necessary
to keep them operationally current. This
rule is effective and there will be no
further action by the FAA unless a
written adverse or negative comment or
a written notice of intent to submit an
adverse or negative comment is received
within the comment period. If the FAA
receives, within the comment period, an
adverse or negative comment, or written
notice of intent to submit such a
comment, a document withdrawing the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
direct final rule will be published in the
Federal Register, and a notice of
proposed rulemaking may be published
with a new comment period.
Comments Invited
Although this action is in the form of
a direct final rule, and was not preceded
by a notice of proposed rulemaking,
interested persons are invited to
comment on this rule by submitting
such written data, views, or arguments
as they may desire. An electronic copy
of this document may be downloaded
from and comments may be submitted
and reviewed at https://
www.regulations.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov or the
Federal Register’s Web page at https://
www.gpoaccess.gov/fr/.
Communications should identify both
docket numbers and be submitted in
triplicate to the address specified under
the caption ADDRESSES above or through
the Web site. All communications
received on or before the closing date
for comments will be considered, and
this rule may be amended or withdrawn
in light of the comments received.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the rule that might suggest a need to
modify the rule. Factual information
that supports the commenter’s ideas and
suggestions is extremely helpful in
evaluating the effectiveness of this
action and determining whether
additional rulemaking action would be
needed. All comments submitted will be
available, both before and after the
closing date for comments, in the Rules
Docket for examination by interested
persons. Those wishing the FAA to
acknowledge receipt of their comments
submitted in response to this rule must
submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2008–0550; Airspace
Docket No. 08–AEA–21.’’ The postcard
will be date stamped and returned to the
commenter.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
modifies Class D and E2 airspace at
Rome, NY by reducing the controlled
airspace, extending upward from the
surface of the Earth to support IFR
operations at Griffiss Airfield to a 5.0mile radius with minor extensions for
arrivals. Class D and E2 Surface airspace
is usually predicated on departures from
an airport with a control tower climbing
at a standard rate of climb in random
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Rules and Regulations]
[Pages 51355-51356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20368]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 430
[Docket No. 2007-0046]
Control of Listeria monocytogenes in Ready-To-Eat Meat and
Poultry Products
AGENCY: Food Safety and Inspection Service (FSIS), USDA.
ACTION: Interim final rule; schedule for review under section 610
requirements.
-----------------------------------------------------------------------
SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing
that it did not conduct a review of the interim final rule, Control of
Listeria monocytogenes in Ready-to-Eat Meat and Poultry Products, in
2007 as stated in its amended schedule plan for reviewing regulations
under Section 610 of the Regulatory Flexibility Act, as amended. The
Agency has decided to wait until it publishes a final rule in this
proceeding before amending its plan so it can conduct a review of that
final rule instead of the interim final rule.
FOR FURTHER INFORMATION CONTACT: For further information contact Rachel
Edelstein, Director, Policy Issuances Division, FSIS, U.S. Department
of Agriculture, 1400 Independence Avenue, SW., Room 3538, Washington,
DC 20250-3700, (202) 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 by considering
the following factors: (1) The continued need for the rule; (2) the
nature of the complaints or comments received concerning the rule from
the public; (3) the complexity of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts with other Federal rules; and
(5) the length of time since the rule has been initially evaluated or
the degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule.
On January 28, 2005, FSIS published an amended scheduling plan in
the Federal Register (70 FR 4047) for reviewing regulations. This plan
scheduled a review in 2007 of the interim final rule, Control of
Listeria monocytogenes in Ready-to-Eat Meat and Poultry Products (68 FR
34208; June 6, 2003). Because FSIS intends to issue a final rule in
this rulemaking, it does not plan to review the interim final rule.
Once the Agency publishes the final rule, it will amend its plan so it
will be able to properly assess the impact of the final 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://
[[Page 51356]]
www.fsis.usda.gov/regulations_&_policies/2008_Notices_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 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 accounts.
Done at Washington, DC, on August 27, 2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8-20368 Filed 9-2-08; 8:45 am]
BILLING CODE 3410-DM-P
