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

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27294 Federal Register/Vol. 75, No. 93/Friday, May 14, 2010/Notices performance standards would be changed as positive samples out of a 56-sample set, DATES: The system of records becomes new data became available, and that the Category 2 as more than six but no more than effective on May 14, 2010. Agency would periodically repeat its 13 positives, and Category 3 as more than 13 ADDRESSES: For a copy of the system of baseline surveys to obtain updated data. FSIS positives in a set. records please mail requests to: Chief intends to use the new Salmonella In the 2006 Federal Register Notice, FSIS Privacy Officer, Privacy Office, Room performance standard for young chickens stated that it intended to track establishment HQ—8H168, U.S. Census Bureau, that it is announcing in this Notice in the performance with respect to the different place of the performance standard codified at product classes sampled for Salmonella over Washington, DC 20233–3700. 9 CFR 381.94. the next year and, after that time, publish the FOR FURTHER INFORMATION CONTACT: In that regulation, FSIS stated that an names of establishments in Categories 2 and Chief Privacy Officer, Privacy Office, establishment that failed to meet the standard 3 for any product class that did not have 90 Room HQ—8H168, U.S. Census Bureau, in three consecutive sample sets would be percent of its establishments in Category 1. Washington, DC 20233–3700, 301–763– considered to have failed to maintain After the 2006 ...

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27294

Federal Register/ Notices/ Vol.75, No. 93/ Friday,May 14, 2010

performance standards would be changed aspositive samples out of a 56sample set, DATES :The system of records becomes new data became available, and that theCategory 2 as more than six but no more than effective on May 14, 2010. Agency would periodically repeat its13 positives, and Category 3 as more than 13 ADDRESSES :For a copy of the system of baseline surveys to obtain updated data. FSISpositives in a set. records please mail requests to: Chief intends to use the newSalmonellaIn the 2006Federal RegisterNotice, FSIS Privacy Officer, Privacy Office, Room performance standard for young chickensstated that it intended to track establishment that it is announcing in this Notice in theperformance with respect to the different HQ—8H168, U.S. Census Bureau, place of the performance standard codified atproduct classes sampled forSalmonellaover Washington, DC 20233–3700. 9 CFR 381.94.the next year and, after that time, publish the FOR FURTHER INFORMATION CONTACT : In that regulation, FSIS stated that an names of establishments in Categories 2 and Chief Privacy Officer, Privacy Office, establishment that failed to meet the standard3 for any product class that did not have 90 Room HQ—8H168, U.S. Census Bureau, in three consecutive sample sets would bepercent of its establishments in Category 1. Washington, DC 20233–3700, 301–763– considered to have failed to maintainAfter the 2006Federal Registernotice, the 6560. sanitary conditions and to maintain anAgency added a second feature to its adequate HACCP plan. The Agency said theSalmonellatesting and reporting program. In SUPPLEMENTARY INFORMATION :On March failure would cause it to suspend inspectionaddition to having 90 percent of eligible 18, 2010, the Department of Commerce at the establishment. In December 2001, theestablishments in Category 1, in order to be published and requested comments on a U.S. Court of Appeals for the Fifth Circuitexempt from having any of its establishments proposed amended Privacy Act System (Supreme Beef Processors, Inc.v.USDA,275 published,a product class must not have any of Records notice entitled COMMERCE/ F.3d 432) affirmed a ruling by the U.S.establishment in Category 3. CENSUS–5, Decennial Census Program District Court for the Northern District ofIn 2008, FSIS published a notice in the (75 FR 13076). That notice proposed to Texas (Supreme Beef Processors, Inc.v. Federal Register(73 FR 4767–4774; Jan. 28, USDA,113 F. Supp. 2d 1048) that USDA did 2008) explaining certain policy decisions combine the American Community not have the authority to suspend inspection relating to theSalmonellaprogram and Survey, and the Population and Housing at an establishment solely on the basis of announcing that the Agency would begin Census Records of the 2000 Census Salmonella publishing monthly results of completed test results for the raw meat Including Preliminary Statistics for the product produced at the establishment. FSIS FSIS verification sets for establishments in 2010 Decennial Census, into the had suspended inspection at Supreme Beef Categories 2 and 3, beginning with young COMMERCE/CENSUS–5, Decennial Processors, Inc., for failing the standard in chicken slaughter establishments. In that Census Program. No comments were three consecutive Agency sample sets. The notice, the Agency clarified that Category 1 received in response to the request for District Court held that 21 U.S.C. 604(m)(4) status requires two successive sets at no more than half the standard, but that Categories 2 comments. By this notice, the focused on a processor’s plant and not on the condition of its meat. The Court further held Department is adopting the proposed and 3 are determined by the most recent set. Since publishing that notice, the Agency has that the presence ofSalmonellain the amended system as final without created a Category 2T for establishments finished product did not render the product changes effective May 14, 2010. whose most recent set was at Category 1 level ‘‘injurious to health’’within the meaning of Dated: May 7, 2010. but whose prior set was above half the § 601(m)(4). The Appellate Court agreed, and standard. Such establishments are counted in Brenda Dolan, further held that 21 U.S.C. 601(m)(4), and aggregate statistics but are not published hence theSalmonellaperformance standards, U.S. Department of Commerce, Freedom of individually. Publication of Category 2 and 3 cannot be used to regulate the characteristics Information/Privacy Act Officer. young chicken establishments began in of incoming raw materials used in the raw [FR Doc. 2010–11548 Filed 5–13–10; 8:45 am] March 2008, and FSIS continues to publish ground beef. BILLING CODE 3510–07–P the names of these establishments on or Since theSupreme Beefcase, FSIS has about the 15th of each month. The used results from its verification testing production class of whole young turkey program as a measure of establishment carcasses has had more than 90 percent of DEPARTMENT OF COMMERCE process control for reducing exposure of the establishments in Category 1 and no public to pathogens. FSIS expects establishments in Category 3 and thus has National Oceanic and Atmospheric establishments to control their processes to not had Category 2 establishments published. Administration ensure that public exposure to pathogens is The Agency believes that publishing minimized. The Agency has found that using Category 2 and 3 establishments has Proposed Information Collection; pathogen reduction performance standards in provided an effective incentive for improving this way is effective in encouraging improved Comment Request; Marine Mammal performance. establishment control of pathogens. Stranding Report/Marine Mammal After our review and evaluation of the [FR Doc. 2010–11545 Filed 5–13–10; 8:45 am] Rehabilitation Disposition Report testing results for several years, in which the BILLING CODE 3410–DM–P AGENCY :National Oceanic and frequency with whichSalmonellawas found in testing at young chicken establishments Atmospheric Administration (NOAA). rose, FSIS published aFederal Register ACTION :Notice. DEPARTMENT OF COMMERCE Notice on February 27, 2006 (71 FR 9772– :Departme 9777;Docket 04–026N). This notice, among SUMMARY ofThe nt [Docket No. 100427198–2060–01] other things, announced a new Agency Commerce, as part of its continuing policy for reporting the results from the Privacy Act System of Records effort to reduce paperwork and Agency’sSalmonellatesting program and respondent burden, invites the general established three performance categories for AGENCY :U.S. Census Bureau, public and other Federal agencies to establishments. Performance Category 1 was Department of Commerce. take this opportunity to comment on set at an upper limit of no more than half the ACTION :Notice of amended Privacy Act proposed and/or continuing information standard. Category 2 was set at more than System of Records: COMMERCE/ half but not exceeding the standard. Category collections, as required by the CENSUS–10 and 5. 3 was for establishments exceeding the Paperwork Reduction Act of 1995. standard. Thus, for young chickens, Category DATES :Written comments must be SUMMARY :The Department of Commerce 1 performance for a set was defined as no submitted on or before July 13, 2010. (Commerce) publishes this notice to more than six positive samples out of a 51 announce the effective date of a Privacy ADDRESSES :Direct all written comments sample set, Category 2 as more than six but Act System of Records notice entitledto Diana Hynek, Departmental no more than 12 positives, and Category 3 as more than 12 positives in a set. For turkeys, COMMERCE/CENSUS–5, DecennialPaperwork Clearance Officer, Category 1 was defined as no more than six Census Program.Department of Commerce, Room 6625,

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Federal Register75, No. 93/ Vol./ Friday,May 14, 2010/ Notices

27295

14th and Constitution Avenue, NW.,proposed collection of information; (c) SUPPLEMENTARY INFORMATION : Washington, DC 20230 (or via the ways to enhance the quality, utility, and I. Abstract Internet [e-mail] ). clarityof the information to be The Marine Mammal Protection Act collected; and (d) ways to minimize the FOR FURTHER INFORMATION CONTACT : of 1972 (MMPA; 16 U.S.C. 1361et. seq.) burden of the collection of information Requests for additional information or prohibits the‘‘take’’of marine mammals on respondents, including through the copies of the information collection unless otherwise authorized or use of automated collection techniques instrument and instructions should be exempted by law. Among the provisions or other forms of information directed to Patricia Lawson, 301–713– that allow for lawful take of marine technology. 2322 [e-mail]. Comments submitted in response to mammals, sections 101(a)(5)(A) and (D) SUPPLEMENTARY INFORMATION : this notice will be summarized and/or of the MMPA direct the Secretary of I. Abstract Commerce to allow, upon request, the included in the request for OMB approval of this information collection; incidental, but not intentional, taking of The marine mammal stranding report they also will become a matter of public small numbers of marine mammals by provides information on strandings so record. U.S.citizens who engage in a specified that the National Marine Fisheries activity (other than commercial fishing), Service (NMFS) can compile and Dated: May 11, 2010. within a specified geographical region, analyze by region the species, numbers, Gwellnar Banks, if certain findings are made and either conditions, and causes of illnesses and Management Analyst, Office of the Chief regulations are issued or, if the taking is deaths in stranded marine mammals. Information Officer. limited to harassment, a notice of a NMFS requires this information to [FR Doc. 2010–11544 Filed 5–13–10; 8:45 am] proposed authorization is provided to fulfill its management responsibilities BILLING CODE 3510–22–P the public for review. under the Marine Mammal Protection Authorization for incidental takings Act (16 U.S.C. 1421a). The NMFS is also shall be granted: (1) If the Secretary, responsible for the welfare of marine DEPARTMENT OF COMMERCE acting by delegation through the mammals while in rehabilitation status. National Marine Fisheries Service National Oceanic and Atmospheric The data from the marine mammal (NMFS), finds that the taking will have Administration rehabilitation disposition report are a negligible impact on the species or required for monitoring and tracking of stock(s) and will not have an Proposed Information Collection; marine mammals held at various NMFS unmitigable adverse impact on the Comment Request; Applications and authorized facilities. This information is availability of the species or stock(s) for Reporting Requirements for the submitted primarily by volunteer subsistence uses (where relevant), and Incidental Take of Marine Mammals by members of the marine mammal (2) if the permissible methods of taking Specified Activities (Other Than stranding networks who are authorized and requirements pertaining to the Commercial Fishing Operations) Under by NMFS. mitigation, monitoring and reporting of the Marine Mammal Protection Act (fka such takings are set forth. II. Method of Collection Applications and Reporting Issuance of an incidental take Requirements for the Incidental Take Paper applications, electronic reports, authorization (ITA) under section of Marine Mammals by Specified and telephone calls are required from 101(a)(5)(A) or (D) of the MMPA Activities Under the Marine Mammal participants, and methods of submittal requires three sets of information Protection Act) include the Internet through the NMFS collection: (1) A complete application National Marine Mammal Stranding AGENCY :Na tional Oceanic and for an ITA, as set forth in NMFS’ Database and facsimile transmission of Atmospheric Administration (NOAA). implementing regulations at 50 CFR paper forms. ACTION :Notice. 216.104, which provides the III. Data information necessary for NMFS to SUMMARY :The Department of make the necessary statutory OMB Control Number:0648–0178. Commerce, as part of its continuing determinations; (2) information relating Form Number:None. effort to reduce paperwork and to required monitoring; and (3) Type of Review:Regular submission. respondent burden, invites the general information related to required Affected Public:Notforprofit public and other Federal agencies to reporting. These collections of institutions; and business or other for take this opportunity to comment on information enable NMFS to: (1) profit organizations. proposed and/or continuing information Evaluate the proposed activity’s impact Estimated Number of Respondents: collections, as required by the on marine mammals; (2) arrive at the 400. Paperwork Reduction Act of 1995. Estimated Time Per Response: determinations required by30 appropriate DATES :Written comments must be minutes. theMMPA and other applicable laws submitted on or before July 13, 2010. Estimated Total Annual Burden prior to issuing the authorization; and ADDRESSES :Direct all written comments Hours: 2,400. (3)monitor impacts of activities for to Diana Hynek, Departmental Estimated Total Annual Cost to which take authorizations have been Paperwork Clearance Officer, Public:$2,448. issued to determine if predictions Department of Commerce, Room 6625, regarding impacts on marine mammals IV. Request for Comments 14th and Constitution Avenue, NW., were valid. Washington, DC 20230 (or via the Comments are invited on: (a) Whether II. Method of Collection Internet [e-mail]). the proposed collection of information is necessary for the proper performance FOR FURTHER INFORMATION CONTACT :Applicants may transmit an electronic of the functions of the agency, including Requests for additional information or application file or report (e.g..doc or whether the information shall havecopies of the information collection.pdf file) via email, or deliver paper practical utility; (b) the accuracy of theinstrument and instructions should beforms via hand delivery, the U.S. Postal agency’s estimate of the burdendirected to Jeannine Cody, (301) 713–Service, or by an overnight delivery (including hours and cost) of the2289 [e-mail].

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