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 51- 

sample 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 

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. 

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, 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 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 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. 

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 

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. 

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. 


emcdonald on DSK2BSOYB1PROD with NOTICES