This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

47523 

Vol. 75, No. 151 

Friday, August 6, 2010 

ADMINISTRATIVE CONFERENCE OF 

THE UNITED STATES 

Assembly of the Administrative 

Conference; Filing of Advisory 

Committee Charter 

AGENCY: Administrative Conference of 

the United States. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Administrative Conference of the 

United States will file an advisory 

committee charter for the Assembly of 

the Administrative Conference, in 

accordance with the Administrative 

Conference Act (as amended by the 

Regulatory Improvement Act of 2007) 

and the Federal Advisory Committee 

Act of 1972. The filing will take place 

15 days after publication of this notice 

in the Federal Register. 

DATES: August 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sherland Peterson, Executive Assistant 

to the Chairman, Administrative 

Conference of the United States, 202– 

326–2305. 

SUPPLEMENTARY INFORMATION: The 

purpose of the Assembly is to adopt 

recommendations for the improvement 

of administrative procedures in Federal 

agencies. The objectives of these 

recommendations are to ensure that 

private rights may be fully protected 

and regulatory activities and other 

Federal responsibilities may be carried 

out expeditiously in the public interest, 

to promote more effective public 

participation and efficiency in the 

rulemaking process, to reduce 

unnecessary litigation in the regulatory 

process, to improve the use of science 

in the regulatory process, and to 

improve the effectiveness of laws 

applicable to the regulatory process. In 

enacting the Administrative Conference 

Act, as amended, Congress has 

determined that the Assembly is 

necessary and in the public interest. The 

charter is appended to this notice. 

Dated: July 28, 2010. 

Paul R. Verkuil, 

Chairman. 

Appendix A—Federal Advisory 

Committee Charter 

Assembly of the Administrative Conference 

of the United States Federal Advisory 

Committee Charter 

1. Committee’s Official Designation 

Assembly of the Administrative 

Conference of the United States (Assembly). 

2. Authority 

The Assembly was established by the 

Administrative Conference Act, as amended, 

5 U.S.C. 591 et seq. See also Regulatory 

Improvement Act of 2007, Public Law 110– 

290, codified at 5 U.S.C. 596 (authorizing 

appropriations for the Administrative 

Conference of the United States (ACUS) 

through fiscal year 2011). The Assembly is 

chartered as an advisory committee in 

accordance with the provisions of the Federal 

Advisory Committee Act, as amended, 5 

U.S.C. App (FACA). 

3. Objectives and Scope of Activities 

The Assembly adopts recommendations for 

the improvement of administrative procedure 

in federal agencies. The objectives of these 

recommendations are to ensure that private 

rights may be fully protected and regulatory 

activities and other Federal responsibilities 

may be carried out expeditiously in the 

public interest, to promote more effective 

public participation and efficiency in the 

rulemaking process, to reduce unnecessary 

litigation in the regulatory process, to 

improve the use of science in the regulatory 

process, and to improve the effectiveness of 

laws applicable to the regulatory process. 

4. Description of Duties 

The Assembly reviews, evaluates, and 

votes on whether to approve proposals, 

reports, and/or recommendations of its 

committees pursuant to its bylaws 

established under the authority of 5 U.S.C. 

595(2). The Assembly operates exclusively in 

an advisory capacity. 

5. Agency or Official to Whom the Assembly 

Reports 

Recommendations adopted by the 

Assembly are included in the annual report 

required to be submitted by the Chairman of 

ACUS to the President and Congress, and 

such interim reports as the Chairman 

considers desirable. 5 U.S.C. 595(c). Such 

recommendations may also be provided to 

administrative agencies, collectively or 

individually, or to the Judicial Conference of 

the United States. Id. § 594(1). 

6. Support 

The Assembly receives support services 

from ACUS. 

7. Estimated Annual Operating Costs and 

Staff Years 

The estimated annual fiscal year cost to 

operate the Assembly is estimated at 

$250,000, including 1.8 full-time equivalent 

staff years. 

8. Designated Federal Officer (DFO) 

The DFO (and Alternate DFOs) will be 

appointed by the Chairman of ACUS and will 

be full-time Federal employees, appointed in 

accordance with agency procedures. The 

DFO or an Alternate DFO will call and attend 

all meetings of the Assembly and any 

subcommittees established under the ACUS 

bylaws and prepare their agendas in 

accordance with the provisions of the 

Administrative Conference Act, as amended, 

and is authorized to adjourn any such 

meeting whenever he or she determines it to 

be in the public interest. 

9. Estimated Number and Frequency of 

Meetings 

The Assembly will meet approximately 

twice a year. There will be approximately six 

standing subcommittees of the Assembly, 

and from time to time additional special 

subcommittees, established under the 

authority of the bylaws of ACUS. Each such 

subcommittee will meet approximately four 

times a year. All meetings of the Assembly 

and such subcommittees will be open to the 

public and announced in accordance with 

FACA. 

10. Duration 

The Administrative Conference Act, as 

amended, prescribes continuing duration for 

ACUS. 

11. Termination 

This charter terminates two years from the 

date of filing. Pursuant to Section 14 of 

FACA, ACUS will file a charter for the 

Assembly upon the expiration of two years 

from the date hereof. Neither the Assembly 

nor its subcommittees will meet without a 

charter filed in accordance with FACA. 

12. Membership and Designation 

The appointment and designation of 

members of the Assembly is prescribed by 

the Administrative Conference Act, as 

amended. Under that Act, it must have 

between 75 and 101 members. These include 

the Chairman (a five year term), the ten 

Council members appointed by the President 

(three year terms), designees or appointees 

from Federal Executive departments, 

agencies, and independent regulatory boards 

and commissions (no fixed terms), and not 

more than 40 other members appointed by 

the Chairman with the approval of the 

Council (two year terms), who must ‘‘provide 

broad representation of the views of private 

citizens and utilize diverse experience.’’ 5 

U.S.C. 593(b)(6). These members ‘‘shall be 

members of the practicing bar, scholars in the 

field of administrative law or government, or 


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47524 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices 

others specially informed by knowledge and 

experience with respect to Federal 

administrative procedure.’’ Id. The by-laws 

impose limits on the number of continuous 

terms of service by non-Government 

members. Council members may continue to 

serve until their successors are appointed. 

Under the by-laws, each member of the 

Assembly is expected to participate in all 

respects according to his or her own views 

and not necessarily as a representative of any 

agency or other group or organization, public 

or private. Accordingly, Non-Government 

members of the Assembly have been deemed 

to be Special Government Employees, and 

not Representatives. 

Members, except the Chairman, are not 

entitled to pay for service. Members 

appointed from outside the Federal 

Government are entitled to travel expenses, 

including per diem instead of subsistence, as 

authorized by section 5703 of title 5 for 

individuals serving without pay, subject to 

availability of funds. 

Under the by-laws, and subject to the 

approval of the Council, the Chairman may 

appoint senior fellows, special counsels, and 

liaison representatives to the Assembly and 

its subcommittees. Such appointees have all 

of the rights of members of the Assembly, but 

may not vote, except in committee 

deliberations, where the committee chairman 

generally has the authority to confer voting 

rights upon such appointees. All such 

appointees who are non-Government 

appointees have been deemed to be Special 

Government Employees, and not 

Representatives. 

13. Subcommittees 

The Assembly has authority to adopt bylaws and regulations that create such 

subcommittees as it considers necessary for 

the conduct of studies and the development 

of recommendations for consideration by the 

Assembly. 5 U.S.C. 595(a)(2). Subcommittee 

members are appointed by the Chairman 

with the approval of the Council. Id. 

§ 595(c)(5). All subcommittee members are 

either members of the Assembly or senior 

fellows, special counsels, or liaison 

representatives as described above. All 

proposed recommendations of 

subcommittees will be considered by the 

Assembly prior to adoption. 

14. Recordkeeping 

The records made available to or prepared 

for or by the Assembly or its subcommittees 

shall be handled in accordance with General 

Records Schedule 26, Item 2 or other 

approved agency records disposition 

schedule. Such records shall be available for 

public inspection and copying, subject to the 

Freedom of Information Act, 5 U.S.C. 552. 

15. Filing Date 

August 23, 2010. 

[FR Doc. 2010–19445 Filed 8–5–10; 8:45 am] 

BILLING CODE 6110–01–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

[Docket No. FSIS–2010–0020] 

Notice of Request for a Revision of a 

Currently Approved Information 

Collection (Listeria Monocytogenes 

Control for Ready-to-Eat Products) 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 and 

the Office of Management and Budget 

(OMB) regulations, this notice 

announces the Food Safety and 

Inspection Service’s (FSIS) intention to 

request a revision of a currently 

approved information collection 

regarding Listeria monocytogenes (L. 

monocytogenes) for ready-to-eat (RTE) 

meat and poultry products because the 

OMB approval will expire on November 

30, 2010, and to reflect its most recent 

plant data, which supports an estimate 

of fewer total burden hours. 

DATES: Comments on this notice must be 

received on or before October 5, 2010. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

notice. Comments may be submitted by 

either of the following methods: 

• Federal eRulemaking Portal: This 

Web site provides the ability to type 

short comments directly into the 

comment field on this Web page or 

attach a file for lengthier comments. Go 

to http://www.regulations.gov. Follow 

the on-line instructions at that site for 

submitting comments. 

• Mail, including floppy disks or CD– 

ROMs, and hand-or courier-delivered 

items: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, Room 2–2175 

George Washington Carver Center, 5601 

Sunnyside Avenue, Beltsville, MD 

20705. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2010–0020. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to http:// 

www.regulations.gov. 

Docket: For access to background 

documents or comments received, go to 

the FSIS Docket Room at the address 

listed above between 8:30 a.m. and 4:30 

p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Contact John O’Connell, Paperwork 

Reduction Act Coordinator, Food Safety 

and Inspection Service, USDA, 1400 

Independence Avenue, SW., Room 6065 

South Building, Washington, DC 20250, 

(202) 720–0345. 

SUPPLEMENTARY INFORMATION: 

Title: Listeria Monocytogenes Control 

for Ready-to-Eat Products. 

OMB Number: 0583–0132. 

Expiration Date of Approval: 11/30/ 

2010. 

Type of Request: Revision of a 

currently approved information 

collection. 

Abstract: FSIS has been delegated the 

authority to exercise the functions of the 

Secretary as specified in the Federal 

Meat Inspection Act (FMIA) (21 U.S.C. 

601, et seq.) and the Poultry Products 

Inspection Act (PPIA) (21 U.S.C. 451, et 

seq.). These statutes provide that FSIS is 

to protect the public by verifying that 

meat and poultry products are safe, 

wholesome, not adulterated, and 

properly labeled and packaged. 

FSIS regulations (9 CFR 430.4) require 

official establishments that produce 

post-lethality exposed RTE meat and 

poultry products to take measures to 

prevent product adulteration by the 

pathogen L. monocytogenes. 

Official establishments that produce 

these RTE meat and poultry products 

are required to at least annually furnish 

FSIS with information on the 

production volume of RTE products 

affected by the regulations and the 

control measures used by the 

establishments (9 CFR 430.4(d)). 

RTE establishments may have to 

develop microbiological sampling and 

testing plans to support the efficacy of 

sanitation controls. RTE establishments 

develop microbiological sampling plans 

to ensure that their sanitation 

procedures are adequate (9 CFR 

430.4(b)(2)(iii), 430.4(b)(3), 430.4(c)(1) 

and 430.4(c)(7)). 

RTE establishments sample and test 

food-contact surfaces to verify that their 

L. monocytogenes controls are working 

(9 CFR 430.4(b)(2)(iii)(A) and 

(b)(3)(i)(A)). 

RTE establishments that produce a 

deli product or a hot dog product must 

hold lots of product after obtaining a 

second positive test for L. 

monocytogenes or indicator organisms 

on a food contact surface in the postlethality processing environment until 

the establishment corrects the problem 

indicated by the test result (9 CFR 

430.4(b)(3)(ii)(B)). 

FSIS is requesting a revision of an 

approved information collection 

addressing paperwork requirements 

regarding L. monocytogenes control. The 

Agency is revising the L. monocytogenes 


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