[Federal Register: January 28, 2005 (Volume 70, Number 18)]
[Proposed Rules]               
[Page 4047-4048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja05-34]                         

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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Ch. III

[Docket No. 04-040N]

 
Regulatory Flexibility Act; Amended Plan for Reviewing 
Regulations Under Section 610 Requirements

AGENCY: Food Safety and Inspection Service (FSIS), USDA.

ACTION: Schedule of regulations to be reviewed under section 610 
requirements of the Regulatory Flexibility Act; amended.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is publishing an 
amended scheduling plan for reviewing regulations under Section 610 of 
the Regulatory Flexibility Act, as amended. These provisions require 
that all Federal agencies review existing regulations that have a 
significant economic impact on a substantial number of small entities 
to determine whether the associated impact can be minimized.

FOR FURTHER INFORMATION CONTACT: For further information contact Dr. 
Quita Bowman Blackwell, Director, Directives and Economic Analysis 
Staff, FSIS, U.S. Department of Agriculture, 300 12th Street, SW, Room 
112, Washington, DC 20250-3700, (202) 720-5627.

SUPPLEMENTARY INFORMATION: 

Background

    Section 610 of the Regulatory Flexibility Act (RFA), as amended (5 
U.S.C. 601-612), requires that all Federal agencies review any 
regulations that have been identified as having a significant economic 
impact upon a substantial number of small entities as a means to 
determine whether the associated impact can be minimized by considering 
the following factors: (1) The continued need for the rule; (2) the 
nature of the complaints or comments received concerning the rule from 
the public; (3) the complexity of the rule; (4) the extent to which the 
rule overlaps, duplicates, or conflicts with other Federal rules; and 
(5) the length of time since the rule has been initially evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule.
    On April 2, 2002, FSIS published in the Federal Register (67 FR 
15501) a scheduling plan for reviewing regulations under the 610 
provisions. At that point, the Agency had determined to review all 
rules deemed economically significant, regardless of whether the Agency 
had stated that the rule would impose a significant economic impact on 
a substantial number of small entities or not. After further 
consideration, FSIS now believes that it would be more effective and 
beneficial if the Agency concentrated its reviews under Section 610 of 
the RFA on those final and interim final rules that the Agency has 
identified as having a significant economic impact on a substantial 
number of small entities.
    Accordingly, FSIS has amended its plan for reviewing the Agency 
rules that it has identified as having a significant economic impact on 
a substantial number of small entities.

               Schedule of FSIS' Regulations Identified for Review Under the RFA'S 610 Provisions
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     CFR parts affected and legal
              authority                       Regulation title        Publication citation and date  Review date
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9 CFR 304, 308, 310, 320, 327, 381,    Pathogen Reduction; Hazard     61 FR 38806; July 25, 1996...         2005
 416, 417; 21 U.S.C. 451-470, 601-      Analysis and Critical
 695; 7 CFR 2.18, 2.53.                 Control Point (HACCP)
                                        Systems.
9 CFR 430; 7 U.S.C. 450; 7 U.S.C.      Control of Listeria            68 FR 34208; June 6, 2003....         2007
 1901-1906; 21 U.S.C. 451-470, 601-     monocytogenes in Ready-to-
 695; 7 CFR 2.18, 2.53.                 Eat Meat and Poultry
                                        Products.
9 CFR 309, 310, 311, 318, 319; 21      Prohibition of the Use of      69 FR 1862; January 12, 2004.         2008
 U.S.C. 601-695; 7 U.S.C. 138f, 450,    Specified Risk Materials for
 1901-1906; 7 CFR 2.17, 2.18, 2.53,     Human Food and Requirements
 2.55.                                  for the Disposition of Non-
                                        Ambulatory Disabled Cattle.
9 CFR 301, 318, 320; 21 U.S.C. 601-    Meat Produced by Advanced      69 FR 1874; January 12, 2004.         2009
 695; 7 U.S.C. 138f, 450, 1901-1906;    Meat/Bone Separation
 7 CFR 2.7, 2.18, 2.53.                 Machinery and Meat Recovery
                                        (AMR) Systems.
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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.

    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, recalls, 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

[[Page 4048]]

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.

    Done at Washington, DC, on January 24, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05-1613 Filed 1-27-05; 8:45 am]