Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Partial Delay of Applicability, 12112-12113 [05-4917]

Download as PDF 12112 Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Rules and Regulations Regulatory Flexibility Act List of Subjects As Acting Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities because it primarily affects Federal employees. 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendatory rulemaking does not contain information collection requirements that require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), the final rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and General Accounting Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the Federal Register. Executive Order 12866 In promulgating these technical amendments, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. These amendments have not been reviewed by the Office of Management and Budget under that Executive order, since they are not deemed ‘‘significant’’ thereunder. Executive Order 12988 As Acting Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. VerDate jul<14>2003 17:11 Mar 10, 2005 Jkt 205001 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: March 4, 2005. Marilyn L. Glynn, Acting Director, Office of Government Ethics. I a. Removing the dollar amount ‘‘$285’’ in paragraph (g)(2) and in examples 1 and 2 (in the latter of which it appears twice) following paragraph (g)(6) and adding in its place in each instance the dollar amount ‘‘$305’’; and I b. Removing the dollar amount ‘‘$570’’ in example 2 following paragraph (g)(6) and adding in its place the dollar amount ‘‘$610’’. [FR Doc. 05–4879 Filed 3–10–05; 8:45 am] BILLING CODE 6345–02–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection For the reasons set forth in the Service preamble, the Office of Government Ethics is amending 5 CFR parts 2634 and 9 CFR Parts 94 and 95 2635 as follows: I PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: I Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101–410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104–134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. [Docket No. 03–080–6] RIN 0579–AB73 Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Partial Delay of Applicability Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; partial delay of applicability. AGENCY: SUMMARY: The amendments in this final rule delay until further notice the applicability of certain provisions of the rule entitled ‘‘Bovine Spongiform Encephalopathy; Minimal-Risk Regions § 2634.304 [Amended] and Importation of Commodities,’’ I 2. Section 2634.304 is amended by: published in the Federal Register on I a. Removing the dollar amount ‘‘$285’’ in paragraphs (a) and (b) and in example January 4, 2005, 70 FR 460–553. That 1 following paragraph (d) and adding in rule was scheduled to amend the regulations in 9 CFR parts 93, 94, 95, its place in each instance the dollar and 96, effective March 7, 2005, to amount ‘‘$305’’; establish a category of regions that I b. Removing the dollar amount ‘‘$114’’ present a minimal risk of introducing in paragraph (d) and in examples 1 and 2 following paragraph (d) and adding in bovine spongiform encephalopathy into the United States via live ruminants and its place in each instance the dollar ruminant products and byproducts and amount ‘‘$122’’; and to add Canada to this category. That rule I c. Removing the dollar amount ‘‘$285’’ in examples 3 and 4 following paragraph included conditions for the importation of certain live ruminants and ruminant (d) and adding in its place in each products from such regions. instance the dollar amount ‘‘$305’’. DATES: Effective March 7, 2005. PART 2635—STANDARDS OF FOR FURTHER INFORMATION CONTACT: Dr. ETHICAL CONDUCT FOR EMPLOYEES Karen James-Preston, Director, OF THE EXECUTIVE BRANCH Technical Trade Services, National Center for Import and Export, VS, I 3. The authority citation for part 2635 APHIS, 4700 River Road Unit 38, continues to read as follows: Riverdale, MD 20737–1231; (301) 734– Authority: 5 U.S.C. 7301, 7351, 7353; 5 4356. U.S.C. App. (Ethics in Government Act of SUPPLEMENTARY INFORMATION: On 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 January 4, 2005, we published a final rule in the Federal Register (70 FR 460– FR 42547, 3 CFR, 1990 Comp., p. 306. 553, Docket No. 03–080–3) that § 2635.204 [Amended] establishes a category of regions that present a minimal risk of introducing I 4. Section 2635.204 is amended by: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Rules and Regulations bovine spongiform encephalopathy into the United States via live ruminants and ruminant products and byproducts and that adds Canada to this category. The rule also establishes conditions for the importation of certain live ruminants and ruminant products from such regions. The rule was scheduled to become effective on March 7, 2005.1 Pursuant to an announcement by the Secretary of Agriculture on February 9, 2005, this document delays the applicability of the provisions in that rule as they apply to the importation from Canada of the following commodities when derived from bovines 30 months of age or older when slaughtered: (1) Meat, meat food products, and meat byproducts other than liver; 2 (2) whole or half carcasses; (3) offal; (4) tallow composed of less than 0.15 percent insoluble impurities that is not otherwise eligible for importation under 9 CFR 95.4(a)(1)(i); and (5) gelatin derived from bones of bovines that is not otherwise eligible for importation under 9 CFR 94.18(c). If the courts allow the January 4, 2005, rule to go into effect while this delay of applicability is in effect, the commodities listed above that are derived from bovines less than 30 months of age when slaughtered must be accompanied to the United States by certification that (1) the age requirement has been met and (2) the commodity was processed in an establishment inspected by the Canadian Food Inspection Agency (CFIA) that operates in compliance with an approved CFIA program to prevent commingling of ruminant products eligible for export to the United States with ruminant products ineligible for export to the United States. Such certification must be made by a full-time salaried veterinary officer of Canada, or by a veterinarian designated and accredited by the Canadian Government, provided the certification is endorsed by a fulltime salaried veterinary officer of Canada who represents that the veterinarian issuing the certification was authorized to do so. To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, the Department’s implementation of this March 2, 2005, Judge Richard F. Cebull of the U.S. District Court for the District of Montana ordered that the implementation of APHIS’ January 4, 2005, final rule is preliminarily enjoined. 2 In accordance with an August 8, 2003, announcement by the Secretary of Agriculture, since August 2003 APHIS has issued permits for the importation into the United States from Canada of certain fresh or frozen liver from bovines of any age. action without opportunity for public comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Seeking public comment is impracticable, unnecessary, and contrary to the public interest. The delay of applicability is necessary to give Department officials the opportunity for further review and consideration of the specified provisions. Given the scheduled effective date of those provisions, seeking prior public comment on this delay would have been impractical, as well as contrary to the public interest, in the orderly promulgation and implementation of regulations. List of Subjects 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. 9 CFR Part 95 Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping requirements, Straw, Transportation. I Accordingly, we are amending 9 CFR parts 94 and 95 as follows: PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE-FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 continues to read as follows: I Authority: 7 U.S.C. 450, 7701–7772, and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 2. Section 94.19 is amended by adding notes at the end of paragraphs (a), (b), and (f) to read as follows: I § 94.19 Restrictions on importation from BSE minimal-risk regions of meat and edible products from ruminants. * 17:11 Mar 10, 2005 Jkt 205001 * Note to paragraph (b): The applicability of paragraph (b) to whole or half carcasses derived from bovines that were 30 months of age or older when slaughtered is delayed indefinitely. PO 00000 * Frm 00003 * * * * * * PART 95—SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES 3. The authority citation for part 95 continues to read as follows: I Authority: 7 U.S.C. 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 4. Section 95.4 is amended by adding notes at the end of paragraphs (f) and (g) to read as follows: I § 95.4 Restrictions on the importation of processed animal protein, offal, tankage, fat, glands, certain tallow other than tallow derivatives, and serum due to bovine spongiform encephalopathy. * * * (f) * * * * * Note to paragraph (f): The applicability of paragraph (f) to tallow derived from bovines that were 30 months of age or older when slaughtered is delayed indefinitely. (g) * * * Note to paragraph (g): The applicability of paragraph (g) to offal derived from bovines that were 30 months of age or older when slaughtered is delayed indefinitely. * * * * * Done in Washington, DC, this 8th day of March 2005. Bill Hawks, Under Secretary for Marketing and Regulatory Programs. [FR Doc. 05–4917 Filed 3–10–05; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 (b) * * * * (f) * * * Note to paragraph (f): The applicability of paragraph (f) to gelatin derived from the bones of bovines that were 30 months of age or older when slaughtered is delayed indefinitely. * Note to paragraph (a): The applicability of paragraph (a) to meat, meat byproducts other than liver, and meat food products when such commodities are derived from bovines that were 30 months of age or older when slaughtered is delayed indefinitely. 1 On VerDate jul<14>2003 * * (a) * * * 12113 * Fmt 4700 * Sfmt 4700 [Docket No. FAA–2004–19470; Directorate Identifier 2003–NM–268–AD; Amendment 39–13997; AD 2005–05–08] RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–100B SUD, –300, –400, and –400D Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Rules and Regulations]
[Pages 12112-12113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4917]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 95

[Docket No. 03-080-6]
RIN 0579-AB73


Bovine Spongiform Encephalopathy; Minimal-Risk Regions and 
Importation of Commodities; Partial Delay of Applicability

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; partial delay of applicability.

-----------------------------------------------------------------------

SUMMARY: The amendments in this final rule delay until further notice 
the applicability of certain provisions of the rule entitled ``Bovine 
Spongiform Encephalopathy; Minimal-Risk Regions and Importation of 
Commodities,'' published in the Federal Register on January 4, 2005, 70 
FR 460-553. That rule was scheduled to amend the regulations in 9 CFR 
parts 93, 94, 95, and 96, effective March 7, 2005, to establish a 
category of regions that present a minimal risk of introducing bovine 
spongiform encephalopathy into the United States via live ruminants and 
ruminant products and byproducts and to add Canada to this category. 
That rule included conditions for the importation of certain live 
ruminants and ruminant products from such regions.

DATES: Effective March 7, 2005.

FOR FURTHER INFORMATION CONTACT: Dr. Karen James-Preston, Director, 
Technical Trade Services, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.

SUPPLEMENTARY INFORMATION: On January 4, 2005, we published a final 
rule in the Federal Register (70 FR 460-553, Docket No. 03-080-3) that 
establishes a category of regions that present a minimal risk of 
introducing

[[Page 12113]]

bovine spongiform encephalopathy into the United States via live 
ruminants and ruminant products and byproducts and that adds Canada to 
this category. The rule also establishes conditions for the importation 
of certain live ruminants and ruminant products from such regions. The 
rule was scheduled to become effective on March 7, 2005.\1\
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    \1\ On March 2, 2005, Judge Richard F. Cebull of the U.S. 
District Court for the District of Montana ordered that the 
implementation of APHIS' January 4, 2005, final rule is 
preliminarily enjoined.
---------------------------------------------------------------------------

    Pursuant to an announcement by the Secretary of Agriculture on 
February 9, 2005, this document delays the applicability of the 
provisions in that rule as they apply to the importation from Canada of 
the following commodities when derived from bovines 30 months of age or 
older when slaughtered: (1) Meat, meat food products, and meat 
byproducts other than liver; \2\ (2) whole or half carcasses; (3) 
offal; (4) tallow composed of less than 0.15 percent insoluble 
impurities that is not otherwise eligible for importation under 9 CFR 
95.4(a)(1)(i); and (5) gelatin derived from bones of bovines that is 
not otherwise eligible for importation under 9 CFR 94.18(c).
---------------------------------------------------------------------------

    \2\ In accordance with an August 8, 2003, announcement by the 
Secretary of Agriculture, since August 2003 APHIS has issued permits 
for the importation into the United States from Canada of certain 
fresh or frozen liver from bovines of any age.
---------------------------------------------------------------------------

    If the courts allow the January 4, 2005, rule to go into effect 
while this delay of applicability is in effect, the commodities listed 
above that are derived from bovines less than 30 months of age when 
slaughtered must be accompanied to the United States by certification 
that (1) the age requirement has been met and (2) the commodity was 
processed in an establishment inspected by the Canadian Food Inspection 
Agency (CFIA) that operates in compliance with an approved CFIA program 
to prevent commingling of ruminant products eligible for export to the 
United States with ruminant products ineligible for export to the 
United States. Such certification must be made by a full-time salaried 
veterinary officer of Canada, or by a veterinarian designated and 
accredited by the Canadian Government, provided the certification is 
endorsed by a full-time salaried veterinary officer of Canada who 
represents that the veterinarian issuing the certification was 
authorized to do so.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, the Department's 
implementation of this action without opportunity for public comment is 
based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). 
Seeking public comment is impracticable, unnecessary, and contrary to 
the public interest. The delay of applicability is necessary to give 
Department officials the opportunity for further review and 
consideration of the specified provisions. Given the scheduled 
effective date of those provisions, seeking prior public comment on 
this delay would have been impractical, as well as contrary to the 
public interest, in the orderly promulgation and implementation of 
regulations.

List of Subjects

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.


0
Accordingly, we are amending 9 CFR parts 94 and 95 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL 
SWINE-FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

0
1. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


0
2. Section 94.19 is amended by adding notes at the end of paragraphs 
(a), (b), and (f) to read as follows:


Sec.  94.19  Restrictions on importation from BSE minimal-risk regions 
of meat and edible products from ruminants.

* * * * *
    (a) * * *

    Note to paragraph (a): The applicability of paragraph (a) to 
meat, meat byproducts other than liver, and meat food products when 
such commodities are derived from bovines that were 30 months of age 
or older when slaughtered is delayed indefinitely.


    (b) * * *

    Note to paragraph (b): The applicability of paragraph (b) to 
whole or half carcasses derived from bovines that were 30 months of 
age or older when slaughtered is delayed indefinitely.

* * * * *
    (f) * * *

    Note to paragraph (f): The applicability of paragraph (f) to 
gelatin derived from the bones of bovines that were 30 months of age 
or older when slaughtered is delayed indefinitely.

* * * * *

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

0
3. The authority citation for part 95 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.

0
4. Section 95.4 is amended by adding notes at the end of paragraphs (f) 
and (g) to read as follows:


Sec.  95.4  Restrictions on the importation of processed animal 
protein, offal, tankage, fat, glands, certain tallow other than tallow 
derivatives, and serum due to bovine spongiform encephalopathy.

* * * * *
    (f) * * *

    Note to paragraph (f): The applicability of paragraph (f) to 
tallow derived from bovines that were 30 months of age or older when 
slaughtered is delayed indefinitely.


    (g) * * *

    Note to paragraph (g): The applicability of paragraph (g) to 
offal derived from bovines that were 30 months of age or older when 
slaughtered is delayed indefinitely.

* * * * *

    Done in Washington, DC, this 8th day of March 2005.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 05-4917 Filed 3-10-05; 8:45 am]
BILLING CODE 3410-34-P