[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Proposed Rules]
[Pages 50260-50261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17212]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / 
Proposed Rules  

[[Page 50260]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. 2007-0022]

9 CFR Parts 304, 308, 310, 320, 327, 381, 416, and 417


Availability of the Report: Review of the Pathogen Reduction; 
Hazard Analysis and Critical Control Point Systems Final Rule Pursuant 
to Section 610 of the Regulatory Flexibility Act, as Amended

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the availability of its report entitled, ``Review of the Pathogen 
Reduction; Hazard Analysis and Critical Control Point Systems Final 
Rule Pursuant to Section 610 of the Regulatory Flexibility Act, As 
Amended.''

ADDRESSES: The report is available in Room 102, Cotton Annex, 300 12th 
Street, SW., Washington, DC 20250-3700, between 8:30 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays. It is also 
available on the Internet at http://www.fsis.usda.gov/regulations_&_policies/2007_Proposed_Rules_Index/index.asp.

FOR FURTHER INFORMATION CONTACT: John O'Connell, Regulations and 
Petitions Policy Staff, Office of Policy, Program, and Employee 
Development, FSIS, U.S. Department of Agriculture, Room 112, Cotton 
Annex Building, 300 12th Street, SW., Washington, DC 20250-3700; 
telephone (202) 720-0345, fax (202) 690-0486.

SUPPLEMENTARY INFORMATION:

Background

    FSIS has been delegated the authority to exercise the functions of 
the Secretary of Agriculture as specified in the Federal Meat 
Inspection Act (FMIA) (21 U.S.C. 601, et seq.), the Poultry Products 
Inspection Act (PPIA) (21 U.S.C. 451, et seq.), and the Egg Products 
Inspection Act (EPIA) (21 U.S.C. 1031, et seq.). These statutes provide 
that FSIS is to protect the public by verifying that meat, poultry, and 
egg products are safe, wholesome, unadulterated, and properly labeled 
and packaged.
    Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 
U.S.C. 601-612), requires that Federal agencies conduct a review of 
their rules that have a significant economic impact upon a substantial 
number of small entities. Agencies are required to conduct the review 
by the end of 10 years after the implementation of such a rule.
    The purpose of the review is to determine whether the rule should 
be continued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, to 
minimize any significant economic impact upon a substantial number of 
small entities.
    On January 28, 2005, FSIS published a schedule of its planned 
reviews in the Federal Register (70 FR 4047)--Regulatory Flexibility 
Act; Amended Plan for Reviewing Regulations Under Section 610 
Requirements. According to the schedule, the Agency would first review 
the Pathogen Reduction; Hazard Analysis and Critical Control Point (PR/
HACCP) Systems final rule (61 FR 38806).
    FSIS assembled a team that conducted a review of the regulations 
implemented by the PR/HACCP rule. The team examined the five factors 
enumerated by Section 610 of the RFA: (1) The continued need for the 
rule; (2) the nature of complaints or comments received from the public 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal 
rules and, to the extent feasible, with State and local government 
rules; and (5) the length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. The team also looked at 
the economic impact of the rule on the meat and poultry industries.
    As part of its effort to satisfy the requirements of Section 610 of 
the RFA, FSIS published on August 12, 2005, a notice in the Federal 
Register (70 FR 47147) requesting comments from the public on the 
impact of the PR/HACCP rule and on the relevant factors enumerated by 
Section 610 of the RFA. The Agency received 19 comments from the public 
concerning the PR/HACCP rule. The Agency also conducted a survey of 
nine small and very small meat and poultry establishments in order to 
ensure that it received comments on the PR/HACCP rule from small and 
very small businesses affected by the rule.
    FSIS summarized the comments it received and gives its response to 
these comments in the review report. In response to the comments and 
the review that the team conducted, the report recommends that the 
Agency take several steps to enhance and strengthen its outreach to 
small and very small businesses regarding HACCP and pathogen reduction 
efforts. Based on its analysis of the comments, FSIS determined that it 
was not necessary to make any changes to the PR/HACCP rule.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, in an effort to ensure that the 
public and in particular minorities, women, and persons with 
disabilities, are aware of this notice, FSIS will announce it on-line 
through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2007_Proposed_Rules_Index/index.asp.
    FSIS also will make copies of this Federal Register publication 
available through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to our constituents and 
stakeholders. The Update is communicated via Listserv, a free e-mail 
subscription service consisting of industry, trade, and farm groups, 
consumer interest groups, allied health professionals, scientific 
professionals, and other individuals who have requested to be included. 
The Update also is available on the FSIS Web page. Through Listserv and 
the Web page, FSIS is able to provide information to a much broader, 
more diverse audience.
    In addition, FSIS offers an e-mail subscription service which 
provides automatic and customized access to selected food safety news 
and information. This service is available at

[[Page 50261]]

http://www.fsis.usda.gov/news_and_events/email_subscription/. 
Options range from recalls to export information to regulations, 
directives and notices. Customers can add or delete subscriptions 
themselves and have the option to password protect their account.

    Done at Washington, DC on August 27, 2007.
Alfred Almanza,
Administrator.
 [FR Doc. E7-17212 Filed 8-30-07; 8:45 am]
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