Privacy Act System of Records, 27294 [2010-11548]
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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
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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.
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,
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[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Page 27294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11548]
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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.
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
