[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Rules and Regulations]               
[Page 51355-51356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Food Safety and Inspection Service

9 CFR Part 430

[Docket No. 2007-0046]

Control of Listeria monocytogenes in Ready-To-Eat Meat and 
Poultry Products

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

ACTION: Interim final rule; schedule for review under section 610 


SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
that it did not conduct a review of the interim final rule, Control of 
Listeria monocytogenes in Ready-to-Eat Meat and Poultry Products, in 
2007 as stated in its amended schedule plan for reviewing regulations 
under Section 610 of the Regulatory Flexibility Act, as amended. The 
Agency has decided to wait until it publishes a final rule in this 
proceeding before amending its plan so it can conduct a review of that 
final rule instead of the interim final rule.

FOR FURTHER INFORMATION CONTACT: For further information contact Rachel 
Edelstein, Director, Policy Issuances Division, FSIS, U.S. Department 
of Agriculture, 1400 Independence Avenue, SW., Room 3538, Washington, 
DC 20250-3700, (202) 202/720-5627.



    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 January 28, 2005, FSIS published an amended scheduling plan in 
the Federal Register (70 FR 4047) for reviewing regulations. This plan 
scheduled a review in 2007 of the interim final rule, Control of 
Listeria monocytogenes in Ready-to-Eat Meat and Poultry Products (68 FR 
34208; June 6, 2003). Because FSIS intends to issue a final rule in 
this rulemaking, it does not plan to review the interim final rule. 
Once the Agency publishes the final rule, it will amend its plan so it 
will be able to properly assess the impact of the final 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://

[[Page 51356]]

    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 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 accounts.

    Done at Washington, DC, on August 27, 2008.
Alfred V. Almanza,
[FR Doc. E8-20368 Filed 9-2-08; 8:45 am]