[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Page 47524-47525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Food Safety and Inspection Service

[Docket No. FSIS-2010-0020]

Notice of Request for a Revision of a Currently Approved 
Information Collection (Listeria Monocytogenes Control for Ready-to-Eat 

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice and request for comments.


SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the 
Office of Management and Budget (OMB) regulations, this notice 
announces the Food Safety and Inspection Service's (FSIS) intention to 
request a revision of a currently approved information collection 
regarding Listeria monocytogenes (L. monocytogenes) for ready-to-eat 
(RTE) meat and poultry products because the OMB approval will expire on 
November 30, 2010, and to reflect its most recent plant data, which 
supports an estimate of fewer total burden hours.

DATES: Comments on this notice must be received on or before October 5, 

ADDRESSES: FSIS invites interested persons to submit comments on this 
notice. Comments may be submitted by either of the following methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://
www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail, including floppy disks or CD-ROMs, and hand-or 
courier-delivered items: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, Room 2-2175 George 
Washington Carver Center, 5601 Sunnyside Avenue, Beltsville, MD 20705.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2010-0020. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to http://www.regulations.gov.
    Docket: For access to background documents or comments received, go 
to the FSIS Docket Room at the address listed above between 8:30 a.m. 
and 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Contact John O'Connell, Paperwork 
Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 
1400 Independence Avenue, SW., Room 6065 South Building, Washington, DC 
20250, (202) 720-0345.

    Title: Listeria Monocytogenes Control for Ready-to-Eat Products.
    OMB Number: 0583-0132.
    Expiration Date of Approval: 11/30/2010.
    Type of Request: Revision of a currently approved information 
    Abstract: FSIS has been delegated the authority to exercise the 
functions of the Secretary as specified in the Federal Meat Inspection 
Act (FMIA) (21 U.S.C. 601, et seq.) and the Poultry Products Inspection 
Act (PPIA) (21 U.S.C. 451, et seq.). These statutes provide that FSIS 
is to protect the public by verifying that meat and poultry products 
are safe, wholesome, not adulterated, and properly labeled and 
    FSIS regulations (9 CFR 430.4) require official establishments that 
produce post-lethality exposed RTE meat and poultry products to take 
measures to prevent product adulteration by the pathogen L. 
    Official establishments that produce these RTE meat and poultry 
products are required to at least annually furnish FSIS with 
information on the production volume of RTE products affected by the 
regulations and the control measures used by the establishments (9 CFR 
    RTE establishments may have to develop microbiological sampling and 
testing plans to support the efficacy of sanitation controls. RTE 
establishments develop microbiological sampling plans to ensure that 
their sanitation procedures are adequate (9 CFR 430.4(b)(2)(iii), 
430.4(b)(3), 430.4(c)(1) and 430.4(c)(7)).
    RTE establishments sample and test food-contact surfaces to verify 
that their L. monocytogenes controls are working (9 CFR 
430.4(b)(2)(iii)(A) and (b)(3)(i)(A)).
    RTE establishments that produce a deli product or a hot dog product 
must hold lots of product after obtaining a second positive test for L. 
monocytogenes or indicator organisms on a food contact surface in the 
post-lethality processing environment until the establishment corrects 
the problem indicated by the test result (9 CFR 430.4(b)(3)(ii)(B)).
    FSIS is requesting a revision of an approved information collection 
addressing paperwork requirements regarding L. monocytogenes control. 
The Agency is revising the L. monocytogenes

[[Page 47525]]

controls information collection based on its most recent plant data, 
which support a finding of fewer total burden hours than there are in 
the approved information collection.
    FSIS has made the following estimates based upon an information 
collection assessment:
    Estimate of Burden: FSIS estimates that it will take respondents an 
average of 11.2 hours per annum to collect and report this information.
    Respondents: RTE establishments.
    Estimated No. of Respondents: 2,129.
    Estimated No. of Annual Responses per Respondent: 37,720.
    Estimated Total Annual Burden on Respondents: 23,733 hours.
    Copies of this information collection assessment can be obtained 
from John O'Connell, Paperwork Reduction Act Coordinator, Food Safety 
and Inspection Service, USDA, 1400 Independence Avenue, SW., Room 6065, 
South Building, Washington, DC 20250, (202)720-0345.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of FSIS's 
functions, including whether the information will have practical 
utility; (b) the accuracy of FSIS's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (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, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques, or other forms of 
information technology. Comments may be sent to both FSIS, at the 
addresses provided above, and the Desk Officer for Agriculture, Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20253.
    Responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

USDA Statement of Non-Discrimination

    The U.S. Department of Agriculture (USDA) prohibits discrimination 
in all of its programs and activities on the basis of race, color, 
national origin, gender, religion, age, disability, political beliefs, 
sexual orientation, and marital or family status. (Not all prohibited 
bases apply to all programs.) Persons with disabilities who require 
alternative means for communication of program information (Braille, 
large print, audiotape, etc.) should contact USDA's Target Center at 
202-720-2600 (voice and TTY).
    To file a written complaint of discrimination, write USDA, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, 
SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY). 
USDA is an equal opportunity provider and employer.

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, and other types of information 
that could affect or would be of interest to Agency constituents and 
stakeholders. The Update is communicated via Listserv, a free e-mail 
subscription service consisting of industry, trade, 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_&_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: July 30, 2010.
Alfred V. Almanza,
[FR Doc. 2010-19341 Filed 8-5-10; 8:45 am]