Proposed Information Collection; Comment Request; Marine Mammal Stranding Report/Marine Mammal Rehabilitation Disposition Report, 27294-27295 [2010-11544]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 27294 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices performance standards would be changed as new data became available, and that the Agency would periodically repeat its baseline surveys to obtain updated data. FSIS intends to use the new Salmonella performance standard for young chickens that it is announcing in this Notice in the place of the performance standard codified at 9 CFR 381.94. In that regulation, FSIS stated that an establishment that failed to meet the standard in three consecutive sample sets would be considered to have failed to maintain sanitary conditions and to maintain an adequate HACCP plan. The Agency said the failure would cause it to suspend inspection at the establishment. In December 2001, the U.S. Court of Appeals for the Fifth Circuit (Supreme Beef Processors, Inc. v. USDA, 275 F.3d 432) affirmed a ruling by the U.S. District Court for the Northern District of Texas (Supreme Beef Processors, Inc. v. USDA, 113 F. Supp. 2d 1048) that USDA did not have the authority to suspend inspection at an establishment solely on the basis of Salmonella test results for the raw meat product produced at the establishment. FSIS had suspended inspection at Supreme Beef Processors, Inc., for failing the standard in three consecutive Agency sample sets. The District Court held that 21 U.S.C. 604(m)(4) focused on a processor’s plant and not on the condition of its meat. The Court further held that the presence of Salmonella in the finished product did not render the product ‘‘injurious to health’’ within the meaning of § 601(m)(4). The Appellate Court agreed, and further held that 21 U.S.C. 601(m)(4), and hence the Salmonella performance standards, cannot be used to regulate the characteristics of incoming raw materials used in the raw ground beef. Since the Supreme Beef case, FSIS has used results from its verification testing program as a measure of establishment process control for reducing exposure of the public to pathogens. FSIS expects establishments to control their processes to ensure that public exposure to pathogens is minimized. The Agency has found that using pathogen reduction performance standards in this way is effective in encouraging improved establishment control of pathogens. After our review and evaluation of the testing results for several years, in which the frequency with which Salmonella was found in testing at young chicken establishments rose, FSIS published a Federal Register Notice on February 27, 2006 (71 FR 9772– 9777; Docket 04–026N). This notice, among other things, announced a new Agency policy for reporting the results from the Agency’s Salmonella testing program and established three performance categories for establishments. Performance Category 1 was set at an upper limit of no more than half the standard. Category 2 was set at more than half but not exceeding the standard. Category 3 was for establishments exceeding the standard. Thus, for young chickens, Category 1 performance for a set was defined as no more than six positive samples out of a 51sample set, Category 2 as more than six but no more than 12 positives, and Category 3 as more than 12 positives in a set. For turkeys, Category 1 was defined as no more than six VerDate Mar<15>2010 18:07 May 13, 2010 Jkt 220001 positive samples out of a 56-sample set, Category 2 as more than six but no more than 13 positives, and Category 3 as more than 13 positives in a set. In the 2006 Federal Register Notice, FSIS stated that it intended to track establishment performance with respect to the different product classes sampled for Salmonella over the next year and, after that time, publish the names of establishments in Categories 2 and 3 for any product class that did not have 90 percent of its establishments in Category 1. After the 2006 Federal Register notice, the Agency added a second feature to its Salmonella testing and reporting program. In addition to having 90 percent of eligible establishments in Category 1, in order to be exempt from having any of its establishments published, a product class must not have any establishment in Category 3. In 2008, FSIS published a notice in the Federal Register (73 FR 4767–4774; Jan. 28, 2008) explaining certain policy decisions relating to the Salmonella program and announcing that the Agency would begin publishing monthly results of completed FSIS verification sets for establishments in Categories 2 and 3, beginning with young chicken slaughter establishments. In that notice, the Agency clarified that Category 1 status requires two successive sets at no more than half the standard, but that Categories 2 and 3 are determined by the most recent set. Since publishing that notice, the Agency has created a Category 2T for establishments whose most recent set was at Category 1 level but whose prior set was above half the standard. Such establishments are counted in aggregate statistics but are not published individually. Publication of Category 2 and 3 young chicken establishments began in March 2008, and FSIS continues to publish the names of these establishments on or about the 15th of each month. The production class of whole young turkey carcasses has had more than 90 percent of establishments in Category 1 and no establishments in Category 3 and thus has not had Category 2 establishments published. The Agency believes that publishing Category 2 and 3 establishments has provided an effective incentive for improving performance. [FR Doc. 2010–11545 Filed 5–13–10; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE [Docket No. 100427198–2060–01] Privacy Act System of Records AGENCY: U.S. Census Bureau, Department of Commerce. ACTION: Notice of amended Privacy Act System of Records: COMMERCE/ CENSUS–10 and 5. SUMMARY: The Department of Commerce (Commerce) publishes this notice to announce the effective date of a Privacy Act System of Records notice entitled COMMERCE/CENSUS–5, Decennial Census Program. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DATES: The system of records becomes effective on May 14, 2010. ADDRESSES: For a copy of the system of records please mail requests to: Chief Privacy Officer, Privacy Office, Room HQ—8H168, U.S. Census Bureau, Washington, DC 20233–3700. FOR FURTHER INFORMATION CONTACT: Chief Privacy Officer, Privacy Office, Room HQ—8H168, U.S. Census Bureau, Washington, DC 20233–3700, 301–763– 6560. SUPPLEMENTARY INFORMATION: On March 18, 2010, the Department of Commerce published and requested comments on a proposed amended Privacy Act System of Records notice entitled COMMERCE/ CENSUS–5, Decennial Census Program (75 FR 13076). That notice proposed to combine the American Community Survey, and the Population and Housing Census Records of the 2000 Census Including Preliminary Statistics for the 2010 Decennial Census, into the COMMERCE/CENSUS–5, Decennial Census Program. No comments were received in response to the request for comments. By this notice, the Department is adopting the proposed amended system as final without changes effective May 14, 2010. Dated: May 7, 2010. Brenda Dolan, U.S. Department of Commerce, Freedom of Information/Privacy Act Officer. [FR Doc. 2010–11548 Filed 5–13–10; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Marine Mammal Stranding Report/Marine Mammal Rehabilitation Disposition Report AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before July 13, 2010. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, E:\FR\FM\14MYN1.SGM 14MYN1 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Patricia Lawson, 301–713– 2322 or patricia.lawson@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract The marine mammal stranding report provides information on strandings so that the National Marine Fisheries Service (NMFS) can compile and analyze by region the species, numbers, conditions, and causes of illnesses and deaths in stranded marine mammals. NMFS requires this information to fulfill its management responsibilities under the Marine Mammal Protection Act (16 U.S.C. 1421a). The NMFS is also responsible for the welfare of marine mammals while in rehabilitation status. The data from the marine mammal rehabilitation disposition report are required for monitoring and tracking of marine mammals held at various NMFSauthorized facilities. This information is submitted primarily by volunteer members of the marine mammal stranding networks who are authorized by NMFS. II. Method of Collection Paper applications, electronic reports, and telephone calls are required from participants, and methods of submittal include the Internet through the NMFS National Marine Mammal Stranding Database and facsimile transmission of paper forms. emcdonald on DSK2BSOYB1PROD with NOTICES III. Data OMB Control Number: 0648–0178. Form Number: None. Type of Review: Regular submission. Affected Public: Not-for-profit institutions; and business or other forprofit organizations. Estimated Number of Respondents: 400. Estimated Time Per Response: 30 minutes. Estimated Total Annual Burden Hours: 2,400. Estimated Total Annual Cost to Public: $2,448. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the VerDate Mar<15>2010 18:07 May 13, 2010 Jkt 220001 proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: May 11, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–11544 Filed 5–13–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Applications and Reporting Requirements for the Incidental Take of Marine Mammals by Specified Activities (Other Than Commercial Fishing Operations) Under the Marine Mammal Protection Act (fka Applications and Reporting Requirements for the Incidental Take of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act) AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before July 13, 2010. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Jeannine Cody, (301) 713– 2289 or Jeannine.Cody@noaa.gov. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 27295 SUPPLEMENTARY INFORMATION: I. Abstract The Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et. seq.) prohibits the ‘‘take’’ of marine mammals unless otherwise authorized or exempted by law. Among the provisions that allow for lawful take of marine mammals, sections 101(a)(5)(A) and (D) of the MMPA direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing), within a specified geographical region, if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization for incidental takings shall be granted: (1) If the Secretary, acting by delegation through the National Marine Fisheries Service (NMFS), finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and (2) if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. Issuance of an incidental take authorization (ITA) under section 101(a)(5)(A) or (D) of the MMPA requires three sets of information collection: (1) A complete application for an ITA, as set forth in NMFS’ implementing regulations at 50 CFR 216.104, which provides the information necessary for NMFS to make the necessary statutory determinations; (2) information relating to required monitoring; and (3) information related to required reporting. These collections of information enable NMFS to: (1) Evaluate the proposed activity’s impact on marine mammals; (2) arrive at the appropriate determinations required by the MMPA and other applicable laws prior to issuing the authorization; and (3) monitor impacts of activities for which take authorizations have been issued to determine if predictions regarding impacts on marine mammals were valid. II. Method of Collection Applicants may transmit an electronic application file or report (e.g. .doc or .pdf file) via e-mail, or deliver paper forms via hand delivery, the U.S. Postal Service, or by an overnight delivery service. E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27294-27295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11544]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Marine Mammal 
Stranding Report/Marine Mammal Rehabilitation Disposition Report

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

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

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before July 13, 2010.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625,

[[Page 27295]]

14th and Constitution Avenue, NW., Washington, DC 20230 (or via the 
Internet at dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Patricia Lawson, 301-713-2322 or 
patricia.lawson@noaa.gov.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The marine mammal stranding report provides information on 
strandings so that the National Marine Fisheries Service (NMFS) can 
compile and analyze by region the species, numbers, conditions, and 
causes of illnesses and deaths in stranded marine mammals. NMFS 
requires this information to fulfill its management responsibilities 
under the Marine Mammal Protection Act (16 U.S.C. 1421a). The NMFS is 
also responsible for the welfare of marine mammals while in 
rehabilitation status. The data from the marine mammal rehabilitation 
disposition report are required for monitoring and tracking of marine 
mammals held at various NMFS-authorized facilities. This information is 
submitted primarily by volunteer members of the marine mammal stranding 
networks who are authorized by NMFS.

II. Method of Collection

    Paper applications, electronic reports, and telephone calls are 
required from participants, and methods of submittal include the 
Internet through the NMFS National Marine Mammal Stranding Database and 
facsimile transmission of paper forms.

III. Data

    OMB Control Number: 0648-0178.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Not-for-profit institutions; and business or other 
for-profit organizations.
    Estimated Number of Respondents: 400.
    Estimated Time Per Response: 30 minutes.
    Estimated Total Annual Burden Hours: 2,400.
    Estimated Total Annual Cost to Public: $2,448.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: May 11, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2010-11544 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-22-P
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