Proposed Information Collection; Comment Request; Marine Mammal Stranding Report/Marine Mammal Rehabilitation Disposition Report, 27294-27295 [2010-11544]
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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
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18:07 May 13, 2010
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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.
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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
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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.
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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
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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]
-----------------------------------------------------------------------
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