Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Technical Amendments, 12994-12998 [06-2406]
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12994
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Rules and Regulations
Done in Washington, DC, this 7th day of
March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 06–2403 Filed 3–13–06; 8:45 am]
Background
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 93 and 95
[Docket No. 03–080–9]
Bovine Spongiform Encephalopathy;
Minimal-Risk Regions and Importation
of Commodities; Technical
Amendments
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule; technical
amendments.
AGENCY:
SUMMARY: In a final rule published in
the Federal Register on January 4, 2005,
we amended the regulations regarding
the importation of animals and animal
products 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 added
Canada to this category. We also
established conditions for the
importation of certain live ruminants
and ruminant products and byproducts
from such regions. In this document, we
are clarifying our intent with regard to
certain provisions in the final rule and
are correcting several inconsistencies
within the rule. These technical
amendments will clarify the regulations.
DATES: Effective Date: These
amendments are effective March 14,
2006.
For
information regarding ruminant
products, contact Dr. Karen JamesPreston, Director, Technical Trade
Services, Animal Products, National
Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38,
Riverdale, MD 20737–1231; (301) 734–
4356.
For information concerning live
ruminants, contact Lee Ann Thomas,
Director, Technical Trade Services,
Animals, Organisms and Vectors, and
Select Agents, National Center for
Import and Export, VS, APHIS, 4700
River Road, Unit 38, Riverdale, MD
20737–1231; (301) 734–4356.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
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In a final rule published in the
Federal Register on January 4, 2005 (70
FR 460–553, Docket No. 03–080–3), we
amended the regulations regarding the
importation of animals and animal
products to establish a category of
regions that present a minimal risk of
introducing bovine spongiform
encephalopathy (BSE) into the United
States via live ruminants and ruminant
products and byproducts, and we added
Canada to this category. We also
established conditions for the
importation of certain live ruminants
and ruminant products and byproducts
from such regions.
Following publication of the final
rule, it came to our attention that certain
provisions in the rule either did not
make clear our intention or were written
in a way that was inconsistent with
other provisions in the rule or with the
description of such provisions in the
preamble of the rule. We addressed two
of those issues in an interim rule that
was published in the Federal Register
and made effective on November 28,
2005 (70 FR 71213–71218, Docket No.
03–080–8). In this document, we are
clarifying certain other provisions of the
January 2005 final rule, as discussed
below.
Certification and Individual
Identification of Bovines, Sheep, and
Goats Imported for Immediate Slaughter
In this amendment, we are making
clear that live bovines, sheep, and goats
imported from Canada for slaughter in
the United States—whether for
immediate slaughter or for feeding and
then slaughter—must be accompanied
by a health certificate issued in
accordance with § 93.405 of the
regulations and be individually
identified before the animal’s arrival at
the port of entry into the United States.
As established by the January 2005
final rule, § 93.436(a) of the regulations
requires a certificate for bovines
imported from BSE minimal-risk regions
for immediate slaughter, and § 93.436(b)
requires a certificate for bovines
imported from BSE minimal-risk regions
for feeding and then slaughter. Section
93.419(c) requires a certificate for sheep
and goats imported from BSE minimalrisk regions. Section 93.405, which
contains general requirements for
certificates for ruminants, provides in
paragraph (a)(4) that certificates for
bovines, sheep, and goats imported from
BSE minimal-risk regions include,
among other information, the name and
address of the importer; the species,
breed and number or quantity of
ruminants to be imported; the purpose
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of the importation; individual ruminant
identification and any other
identification present on the animal,
including registration number, if any; a
description of the ruminant, including
name, age, color, and markings, if any;
the region of origin; the address of or
other means of identifying the premises
of origin and any other premises where
the ruminants resided immediately
prior to export, including the State or its
equivalent, the municipality or nearest
city, or an equivalent method, approved
by the Administrator, of identifying the
location of the premises; the name and
address of the exporter; the port of
embarkation in the foreign region; and
the mode of transportation, route of
travel, and port of entry in the United
States.
The January 2005 final rule did not
amend § 93.405(a), however, which
allowed for exemptions to the certificate
requirement as provided in § 93.418(a)
for cattle imported from Canada for
immediate slaughter and as provided in
§ 93.419(a) for sheep and goats imported
from Canada for immediate slaughter.
The language in §§ 93.418(a) and
93.419(a) that exempted cattle, sheep,
and goats imported from Canada for
immediate slaughter from the
certification requirements of § 93.405
was included in the regulations before
a BSE-infected cow was diagnosed in
Canada in May 2003. It was not
removed when BSE was detected in
Canada because, following that
detection, no live ruminants were
allowed importation from Canada,
which made the exemptions moot. It
was our intention to remove those
exemptions once the importation of
bovines, sheep, and goats from Canada
was allowed to resume. However, by
oversight, we neglected to remove those
exemptions in our January 2005 final
rule. Therefore, in this document, we
are amending §§ 93.405(a), 93.418(a),
and 93.419(a) to do so.
What Must Be Included on the
Certification Regarding Sheep and
Goats Imported for Immediate Slaughter
As discussed above, we are making
clear in this technical amendment that
sheep and goats imported from Canada
for immediate slaughter must be
accompanied by the health certificate
required in accordance with § 93.405.
However, only parts of § 93.405 are
applicable to sheep and goats imported
from Canada for immediate slaughter.
Paragraphs (b) and (c) of § 93.405
include import conditions with regard
to scrapie that are not applicable to
sheep and goats imported from Canada
for immediate slaughter, due to the very
restricted movement of such animals in
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the United States. In this document, we
are adding wording to § 93.405(b)(1) and
(c)(2) to make clear which sheep and
goats those paragraphs apply to.
Individual Identification
Among the information required on
the health certificate under
§ 93.405(a)(4) is the individual
identification of the animal being
imported from a BSE minimal-risk
region. To make the requirement for
individual identification more explicit,
in this document we are amending
§§ 93.419(c) and 93.436(a)(3) and (b)(4)
to specify that each sheep, goat, and
bovine imported from a BSE minimalrisk region—both those imported for
immediate slaughter as well as those
imported for feeding and then
slaughter—must be identified before the
animal’s arrival at the port of entry into
the United States by means of an official
eartag of the country of origin (in this
case a Canadian Food Inspection
Agency eartag) that is determined by the
APHIS Administrator to meet standards
equivalent to those for official eartags in
the United States as defined in 9 CFR
71.1 and to be traceable to the premises
of origin of the animal. We are also
specifying that no person may alter,
deface, remove, or otherwise tamper
with the official eartag while the animal
is in the United States or moving into
or through the United States, except that
the identification may be removed at the
time of slaughter.
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Remove Requirement for Name of
Animal on Health Certificate
As noted above, among the
information required on the health
certificate under § 93.405(a)(4) of the
January 2005 final rule is the name of
the animal. It is not our intent to require
the name of the animal on the health
certificate. The wording of § 93.405(a)(4)
of the January 2005 final rule was taken
in part from information that is usually
supplied for purebred animals imported
for shows or for breeding. Many animals
of this type have been given a name,
unlike ruminants imported for
immediate slaughter or for feeding and
then slaughter. Because the January
2005 final rule does not allow the
importation of bovines, sheep, and goats
from Canada for shows or breeding, a
requirement that the name of the animal
be included on the health certificate is
not necessary or useful. Therefore,
consistent with our intent, we are
removing the requirement in
§ 93.405(a)(4) that a bovine, sheep, or
goat imported from Canada be identified
by name on the health certificate
required under § 93.405.
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Change to the Heading to § 93.405
Consistent with the content of
§ 93.405, we are changing the heading to
that section from ‘‘Certificate for
ruminants’’ to ‘‘Health certificate for
ruminants.’’
Reformatting of § 93.418
Section 93.418 of the regulations
contains certification requirements
regarding the tuberculosis and
brucellosis status of cattle from Canada.
These requirements were in effect before
Canada reported a case of BSE in May
2003. However, from May 2003 until the
January 2005 final rule became effective,
the provisions in § 93.418 were moot,
because no live cattle were imported
from Canada. With the resumption of
the importation of cattle from Canada,
and our making explicit in this
technical amendment that all cattle from
Canada must be accompanied by a
health certificate in accordance with
§ 93.405, we are rewording and
reformatting § 93.418 to be consistent
with § 93.405 and to remove redundant
language.
Paragraph (b) of § 93.418 has required
that cattle imported from Canada for
other than immediate slaughter be
accompanied by a certificate issued or
endorsed by a salaried veterinarian of
the Canadian Government stating that
the cattle meet specified requirements
regarding their tuberculosis status.
Similarly, § 93.418(c) has required that
certain cattle imported from Canada for
other than immediate slaughter be
accompanied by a certification that the
cattle meet specified requirements
regarding their brucellosis status.
As noted above under the heading
‘‘Certification and Individual
Identification of Bovines, Sheep, and
Goats Imported for Immediate
Slaughter,’’ in this technical amendment
we are removing the language in
§ 93.418(a) that has said that cattle
imported from Canada for immediate
slaughter do not need to be
accompanied with the health certificate
required under § 93.405. Consistent
with this change to § 93.418(a), we are
rewording § 93.418(b) and (c) to make it
clear that, although all cattle imported
from Canada must be accompanied by a
health certificate in accordance with
§ 93.405, § 93.418 requires specific
information regarding tuberculosis and
brucellosis only for certain cattle (i.e.,
for cattle other than those imported for
immediate slaughter and, with regard to
brucellosis, for cattle other than steers).
Additionally, in this technical
amendment, we are removing
§ 93.418(d) because its provisions are
contained elsewhere in the regulations.
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Section 93.418 has contained language
requiring that the health certificate
accompanying cattle to the United
States indicate the names of the
consignor and consignee, as well as a
description of the cattle to be imported.
This language is duplicative of language
contained in § 93.405. Also,
§ 93.418(d)(3) has required that the
certification accompanying certain
cattle from Canada indicate the dates
and places of tuberculosis and
brucellosis tests required under
§ 93.418(b) and (c). That requirement is
duplicative of language already set forth
in § 93.418(b) and (c). Finally, we are
removing the language from § 93.418(d)
that says that, for brucellosis
vaccinations required under § 93.418,
the required certificate must indicate
the date of vaccination, dosage of
vaccine, and age of each animal, and are
including it instead in § 93.418(c).
Certification That Bovines, Sheep, and
Goats Are Not Pregnant
Section 93.436 of our January 2005
final rule allows, under certain
conditions, the importation of bovines
under 30 months of age and sheep and
goats under 12 months of age. One of
the conditions is that the animals must
be imported either for immediate
slaughter or for movement to a feedlot
for subsequent movement to slaughter.
The final rule does not allow the
importation of breeding cattle and
breeding sheep and goats from BSE
minimal-risk regions. This prohibition
was discussed in the preamble (see 70
FR 484–485 and 487), and the rule
allows the importation of bovines,
sheep, and goats for slaughter only.
However, the regulatory text of the
final rule does not explicitly address
whether pregnant bovines, sheep, or
goats may be imported for immediate
slaughter or for movement to a feedlot
for subsequent movement to slaughter.
We did not intend to allow the
importation of pregnant bovines, sheep,
and goats under the final rule. Calves,
lambs, and kids born in the United
States from animals imported under the
January 2005 final rule would not have
been imported in compliance with the
final rule, in that they would not have
been identified as being of Canadian
origin by means of a brand, they would
not be individually identified in a way
that is traceable to their herd or flock of
origin, and they would not be
specifically covered by a certificate.
Further, the importation of fetal bovine
serum (FBS) from BSE minimal-risk
regions was not evaluated for the
January 2005 final rule, and the
regulations do not allow the importation
FBS from BSE minimal-risk regions. It
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would be inconsistent to prohibit the
importation of FBS from BSE minimalrisk regions, while at the same time
allow the importation of pregnant
bovines from whose fetuses FBS could
be obtained.
Therefore, we are amending
§ 93.436(a)(1) and (b)(1) to prohibit
explicitly the importation of pregnant
bovines from BSE minimal-risk regions.
Similarly, we are amending § 93.419(c)
to prohibit the importation of pregnant
sheep and goats from Canada (at this
time the only country listed as a BSE
minimal-risk region). As we have been
requiring since the January 2005 final
rule was implemented, certificates
accompanying bovines, sheep, and goats
imported from Canada must state that
the animals covered by the certificate
are not pregnant.
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Definition of Camelids
In the preamble of the January 2005
final rule, we stated that we were
adding a definition of camelid to
§ 93.400 to mean all species in the
family Camelidae, including camels,
llamas, alpacas, guanacos, and vicunas.
However, in the regulatory text of our
rule, we inadvertently neglected to
include guanacos in the definition of
camelid. In this document, we are
correcting that oversight by adding
guanacos to the definition of camelid in
§ 93.400.
Pet Food and Similar Commodities
Paragraphs (a)(1) and (a)(2) of § 95.4
contain lists of commodities that are
prohibited importation from regions
listed in § 94.18(a) unless certain
conditions are met. The regions listed in
§ 94.18(a) include regions in which BSE
is known to exist (listed in
§ 94.18(a)(1)), regions that present an
undue risk of introducing BSE into the
United States (listed in § 94.18(a)(2)),
and BSE minimal-risk regions (listed in
§ 94.18(a)(3)).
The lists of prohibited items in
§ 95.4(a)(1) and (a)(2) include processed
animal protein, tankage, offal, and
tallow other than tallow derivatives,
unless, in the opinion of the
Administrator, the tallow cannot be
used in feed. Also listed are glands and
unprocessed fat tissue derived from
ruminants, and derivatives of glands
from ruminants, as well as processed
fats and oils, and derivatives of
processed animal protein, tankage, and
offal, regardless of the animal species
from which the material was derived.
Further, § 95.4(a)(3) specifies that
products containing any of the materials
listed above are prohibited importation
from regions listed in § 94.18(a). In
§ 95.4(f) and (g) of the January 2005 final
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rule, however, we added exceptions to
the prohibitions set forth in § 95.4(a) for
tallow and offal imported from a BSE
minimal-risk region, provided certain
risk-mitigating conditions are met.
However, § 95.4(a)(3), read literally,
appears to prohibit the importation of
products containing any of the materials
listed in § 95.4(a)(1) or (2), even those
products containing materials that are
allowed to be imported from BSE
minimal-risk regions. Specifically, the
wording in § 95.4(a)(3) prohibits the
importation of ‘‘[p]roducts containing
any of the items listed in paragraphs
(a)(1) and (a)(2) of this section,’’ and
does not go on to acknowledge that
§ 95.4(a) allows for certain exceptions
for items from a BSE minimal-risk
region. Our intention, however, was to
prohibit the importation of only those
products containing any items that
themselves are prohibited importation
under § 95.4(a)(1) and (2). To make clear
our intent, we are rewording § 95.4(a)(3)
so that it prohibits the importation of
‘‘products containing any of the items
prohibited importation under
paragraphs (a)(1) and (a)(2) of this
section.’’
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock,
Poultry and poultry products,
Quarantine, Reporting and
recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports,
Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
Accordingly, 9 CFR parts 93 and 95
are corrected by making the following
technical amendments:
I
PART 93—IMPORTATION OF CERTAIN
ANIMALS, BIRDS, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND
POULTRY PRODUCTS;
REQUIREMENTS FOR MEANS OF
CONVEYANCE AND SHIPPING
CONTAINERS
1. The authority citation for part 93
continues to read as follows:
I
Authority: 7 U.S.C. 1622 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 93.400 is amended by
revising the definition of camelid to
read as follows:
I
§ 93.400
*
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Definitions.
*
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Camelid. All species of the family
Camelidae, including camels, guanacos,
llamas, alpacas, and vicunas.
*
*
*
*
*
I 3. Section 93.405 is amended as
follows:
I a. By revising the section heading to
read as set forth below.
I b. In paragraph (a), by removing the
words ‘‘§§ 93.418(a), 93.419(a),
93.423(c), and 93.428(d),’’ and by
adding in their place the words
‘‘§§ 93.423(c) and 93.428(d),’’.
I c. By revising paragraph (a)(4), the
introductory text to paragraph (b)(1),
and paragraph (c)(2) to read as set forth
below.
§ 93.405
Health certificate for ruminants.
(a) * * *
(4) If the ruminants are bovines,
sheep, or goats from regions listed as
BSE minimal-risk regions in
§ 94.18(a)(3) of this subchapter, the
certificate must also include the name
and address of the importer; the species,
breed, number or quantity of ruminants
to be imported; the purpose of the
importation; individual ruminant
identification, which includes the eartag
required under §§ 93.419(c) and
93.436(a)(3) and (b)(4) of this
subchapter, and any other identification
present on the animal, including
registration number, if any; a
description of the ruminant, including
age, color, and markings, if any; region
of origin; the address of or other means
of identifying the premises of origin and
any other premises where the ruminants
resided immediately prior to export,
including the State or its equivalent, the
municipality or nearest city, or an
equivalent method, approved by the
Administrator, of identifying the
location of the premises, and the
specific physical location of the feedlot
or recognized slaughtering
establishment where the ruminants are
to be moved after importation; the name
and address of the exporter; the port of
embarkation in the foreign region; and
the mode of transportation, route of
travel, and port of entry in the United
States.
(b) Goats. (1) In addition to the
statements required by paragraph (a) of
this section, the certificate
accompanying goats from any part of the
world, except for goats imported from
Canada for immediate slaughter, must
state:
*
*
*
*
*
(c) * * *
(2) In addition, except for sheep
imported from Canada for immediate
slaughter, the certificate accompanying
sheep intended for importation from
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any part of the world except Australia
and New Zealand must state that the
sheep have not been in any flock nor
had contact with sheep or goats that
have been in any flock or herd where
scrapie has been diagnosed or suspected
during the 5 years immediately prior to
shipment.
*
*
*
*
*
I 4. Section 93.418 is amended as
follows:
I a. By revising paragraphs (a) and
(b)(2)(i), the introductory text of
paragraph (b)(2)(ii), and paragraphs
(c)(2)(i) and (c)(2)(iii) to read as set forth
below.
I b. By removing paragraph (d).
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§ 93.418
Cattle from Canada.
(a) Health certificates. Cattle intended
for importation from Canada must be
accompanied by a certificate issued in
accordance with § 93.405(a). The
certificate must state that the cattle have
been inspected and were found to be
free from any evidence of
communicable disease and that, as far as
can be determined, they have not been
exposed to any such disease during the
preceding 60 days. Cattle found
unqualified upon inspection at the port
of entry will be refused entry into the
United States.
(b) * * *
(2) * * *
(i) The cattle are imported for
immediate slaughter in accordance with
§ 93.420; or
(ii) The cattle are imported for
movement to a feedlot and then to
slaughter and the certificate
accompanying the cattle shows, in
addition to the information required
under § 93.405, the breed of the animal,
and:
*
*
*
*
*
(c) * * *
(2) * * *
(i) The cattle are imported for
immediate slaughter in accordance with
§ 93.420;
*
*
*
*
*
(iii) The cattle are imported for
movement to a feedlot and then to
slaughter and the certificate
accompanying the cattle shows, in
addition to the information required
under § 93.405, the breed of the animal,
and:
(A) That the cattle are from a
brucellosis certified-free herd, province,
or territory; or
(B) The date and place the cattle were
last tested for brucellosis; that the cattle
were found negative for brucellosis on
such test; and that such test was
performed within 30 days preceding the
arrival of the cattle at the port of entry;
or
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(C) That the female cattle under 18
months of age were vaccinated against
brucellosis in accordance with Canadian
regulations; the date of such
vaccination; the dosage of vaccine used;
and the age of each animal on the date
of vaccination.
I 5. Section 93.419 is amended as
follows:
I a. By revising paragraph (a) and the
introductory text of paragraph (c) to
read as set forth below.
I b. By removing paragraph (d)(2).
I c. By redesignating paragraphs (d)(3)
through (d)(8) as paragraphs (d)(2)
through (d)(7), respectively.
I d. In newly redesignated paragraph
(d)(2), by removing the words
‘‘paragraph (d)(8)’’ and adding in their
place the words ‘‘paragraph (d)(7)’’, and
by removing the words ‘‘paragraph
(d)(2)’’ and adding in their place the
words ‘‘paragraph (c)’’.
I e. In newly redesignated paragraph
(d)(5), by removing the words
‘‘paragraph (d)(2)’’ and adding in their
place the words ‘‘paragraph (c)’’.
§ 93.419
Sheep and goats from Canada.
(a) Sheep and goats intended for
importation from Canada must be
accompanied by a certificate issued in
accordance with § 93.405.
*
*
*
*
*
(c) Any sheep or goats imported from
Canada must not be pregnant, must be
less than 12 months of age when
imported into the United States and
when slaughtered, must be from a flock
or herd subject to a ruminant feed ban
equivalent to the requirements
established by the U.S. Food and Drug
Administration at 21 CFR 589.2000, and
must be individually identified by an
official Canadian Food Inspection
Agency eartag, applied before the
animal’s arrival at the port of entry into
the United States, that is determined by
the Administrator to meet standards
equivalent to those for official eartags in
the United States as defined in § 71.1 of
this chapter and to be traceable to the
premises of origin of the animal. No
person may alter, deface, remove, or
otherwise tamper with the individual
identification while the animal is in the
United States or moving into or through
the United States, except that the
identification may be removed at the
time of slaughter. The animals must be
accompanied by the certification issued
in accordance with § 93.405 that states,
in addition to the statements required
by § 93.405, that the conditions of this
paragraph have been met. Additionally,
for sheep and goats imported for other
than immediate slaughter, the certificate
must state that the conditions of
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paragraph (d)(1) of this section have
been met. For sheep and goats imported
for immediate slaughter, the certificate
must also state that:
*
*
*
*
*
I 6. Section 93.436 is amended as
follows:
I a. By revising paragraph (a)(1) to read
as set forth below.
I b. By redesignating paragraphs (a)(3)
through (a)(6) as paragraphs (a)(4)
through (a)(7), respectively.
I c. By adding a new paragraph (a)(3) to
read as set forth below.
I d. By revising newly redesignated
paragraph (a)(4) to read as set forth
below.
I e. By revising paragraph (b)(1) to read
as set forth below.
§ 93.436 Ruminants from regions of
minimal risk for BSE.
(a) * * *
(1) The bovines must be less than 30
months of age and must not be pregnant
when imported into the United States
and when slaughtered;
*
*
*
*
*
(3) Each bovine must be individually
identified by an official eartag of the
country of origin, applied before the
animal’s arrival at the port of entry into
the United States, that is determined by
the Administrator to meet standards
equivalent to those for official eartags in
this chapter and to be traceable to the
premises of origin of the animal. No
person may alter, deface, remove, or
otherwise tamper with the official
identification while the animal is in the
United States or moving into or through
the United States, except that the
identification may be removed at the
time of slaughter;
(4) The bovines must be accompanied
by a certificate issued in accordance
with § 93.405 that states, in addition to
the statements required by § 93.405, that
the conditions of (a)(1) through (a)(3) of
this section have been met;
*
*
*
*
*
(b) * * *
(1) The bovines must be less than 30
months of age and must not be pregnant
when imported into the United States;
*
*
*
*
*
PART 95—SANITARY CONTROL OF
ANIMAL BYPRODUCTS (EXCEPT
CASINGS), AND HAY AND STRAW,
OFFERED FOR ENTRY INTO THE
UNITED STATES
10. 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.
E:\FR\FM\14MRR1.SGM
14MRR1
12998
Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Rules and Regulations
11. In § 95.4, paragraph (a)(3) is
revised 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.
Additional Public Notification
(a) * * *
(3) Products containing any of the
items prohibited importation under
paragraphs (a)(1) and (a)(2) of this
section.
*
*
*
*
*
Done in Washington, DC, this 8th day of
March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 06–2406 Filed 3–13–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 352
[Docket No. 05–036C; FDMS No. 2005–0040]
RIN 0583–AD21
Ante-Mortem Inspection of Horses;
Correction
Food Safety and Inspection
Service, USDA.
ACTION: Interim final rule; correction.
AGENCY:
SUMMARY: This document corrects the
preamble to an interim final rule
published in the Federal Register on
February 8, 2006, amending the Federal
meat inspection regulations to provide
for a voluntary fee-for-service program
under which official establishments that
slaughter horses will be able to apply for
and pay for ante-mortem inspection.
This correction states that the FY 2006
Appropriations Act will be in effect
until October 1, 2006 (the first day of FY
2007).
FOR FURTHER INFORMATION CONTACT:
Lynn Ellen Dickey, PhD, Director,
Regulations and Petitions Policy Staff,
Office of Policy, Program, and Employee
Development, Food Safety and
Inspection Service, 300 12th Street,
SW., Room 112 Cotton Annex Building,
Washington, DC 20250–3700, (202) 720–
5627.
sroberts on PROD1PC70 with RULES
Correction
In the interim final rule, entitled
Ante-Mortem Inspection of Horses (FSIS
docket number 05–036IF), beginning on
page 6337 in the issue of February 8,
2006, make the following correction, in
the SUPPLEMENTARY INFORMATION section.
VerDate Aug<31>2005
16:18 Mar 13, 2006
Jkt 208001
On page 6339 in the 3rd column, revise
the first sentence of the second
paragraph to read as follows:
‘‘The FY 2006 Appropriations Act
will be in effect until October 1, 2006
(the first day of FY 2007).’’
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 correction,
FSIS will announce it on-line through
the FSIS Web page located at https://
www.fsis.usda.gov/
regulations_&_policies/
2006_Interim_&_Final_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, 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
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 an
automatic and customized notification
when popular pages are updated,
including Federal Register publications
and related documents. This service is
available at https://www.fsis.usda.gov/
news_and_events/email_subscription/
and allows FSIS customers to sign up
for subscription options across eight
categories. 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 March 8,
2006.
Barbara J. Masters,
Administrator.
[FR Doc. 06–2418 Filed 3–13–06; 8:45 am]
BILLING CODE 3410–DM–P
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22697; Directorate
Identifier 2004–SW–46–AD; Amendment 39–
14509; AD 2006–06–01]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Model EC 155B and B1
Helicopters
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD) for the
specified Eurocopter France (ECF)
model helicopters that requires
inspecting an electrical cable bundle for
wear. If wear is present, the AD requires
installing an airworthy cable bundle and
modifying the routing of the electrical
cable bundles. This amendment is
prompted by reports of a short circuit in
the wiring, which led to failure of the
normal and emergency landing gear
operation modes. The actions specified
by this AD are intended to prevent
interference of the wiring with the
structure resulting in an electrical short
circuit, failure of the landing gear to
extend, and an emergency landing.
DATES: Effective April 18, 2006.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of April 18,
2006.
ADDRESSES: You may get the service
information identified in this AD from
American Eurocopter Corporation, 2701
Forum Drive, Grand Prairie, Texas
75053–4005, telephone (972) 641–3460,
fax (972) 641–3527.
Examining the Docket
You may examine the docket that
contains this AD, any comments, and
other information on the Internet at
https://dms.dot.gov, or at the Docket
Management System (DMS), U.S.
Department of Transportation, 400
Seventh Street, SW., Room PL–401, on
the plaza level of the Nassif Building,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Jorge Castillo, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations
and Policy Group, Fort Worth, Texas
76193–0111, telephone (817) 222–5127,
fax (817) 222–5961.
SUPPLEMENTARY INFORMATION: A
proposal to amend 14 CFR part 39 to
include an AD for the specified ECF
E:\FR\FM\14MRR1.SGM
14MRR1
]]>Agencies
[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Rules and Regulations]
[Pages 12994-12998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2406]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93 and 95
[Docket No. 03-080-9]
Bovine Spongiform Encephalopathy; Minimal-Risk Regions and
Importation of Commodities; Technical Amendments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: In a final rule published in the Federal Register on January
4, 2005, we amended the regulations regarding the importation of
animals and animal products 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 added Canada to this category. We also established
conditions for the importation of certain live ruminants and ruminant
products and byproducts from such regions. In this document, we are
clarifying our intent with regard to certain provisions in the final
rule and are correcting several inconsistencies within the rule. These
technical amendments will clarify the regulations.
DATES: Effective Date: These amendments are effective March 14, 2006.
FOR FURTHER INFORMATION CONTACT: For information regarding ruminant
products, contact Dr. Karen James-Preston, Director, Technical Trade
Services, Animal Products, National Center for Import and Export, VS,
APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.
For information concerning live ruminants, contact Lee Ann Thomas,
Director, Technical Trade Services, Animals, Organisms and Vectors, and
Select Agents, National Center for Import and Export, VS, APHIS, 4700
River Road, Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.
SUPPLEMENTARY INFORMATION:
Background
In a final rule published in the Federal Register on January 4,
2005 (70 FR 460-553, Docket No. 03-080-3), we amended the regulations
regarding the importation of animals and animal products to establish a
category of regions that present a minimal risk of introducing bovine
spongiform encephalopathy (BSE) into the United States via live
ruminants and ruminant products and byproducts, and we added Canada to
this category. We also established conditions for the importation of
certain live ruminants and ruminant products and byproducts from such
regions.
Following publication of the final rule, it came to our attention
that certain provisions in the rule either did not make clear our
intention or were written in a way that was inconsistent with other
provisions in the rule or with the description of such provisions in
the preamble of the rule. We addressed two of those issues in an
interim rule that was published in the Federal Register and made
effective on November 28, 2005 (70 FR 71213-71218, Docket No. 03-080-
8). In this document, we are clarifying certain other provisions of the
January 2005 final rule, as discussed below.
Certification and Individual Identification of Bovines, Sheep, and
Goats Imported for Immediate Slaughter
In this amendment, we are making clear that live bovines, sheep,
and goats imported from Canada for slaughter in the United States--
whether for immediate slaughter or for feeding and then slaughter--must
be accompanied by a health certificate issued in accordance with Sec.
93.405 of the regulations and be individually identified before the
animal's arrival at the port of entry into the United States.
As established by the January 2005 final rule, Sec. 93.436(a) of
the regulations requires a certificate for bovines imported from BSE
minimal-risk regions for immediate slaughter, and Sec. 93.436(b)
requires a certificate for bovines imported from BSE minimal-risk
regions for feeding and then slaughter. Section 93.419(c) requires a
certificate for sheep and goats imported from BSE minimal-risk regions.
Section 93.405, which contains general requirements for certificates
for ruminants, provides in paragraph (a)(4) that certificates for
bovines, sheep, and goats imported from BSE minimal-risk regions
include, among other information, the name and address of the importer;
the species, breed and number or quantity of ruminants to be imported;
the purpose of the importation; individual ruminant identification and
any other identification present on the animal, including registration
number, if any; a description of the ruminant, including name, age,
color, and markings, if any; the region of origin; the address of or
other means of identifying the premises of origin and any other
premises where the ruminants resided immediately prior to export,
including the State or its equivalent, the municipality or nearest
city, or an equivalent method, approved by the Administrator, of
identifying the location of the premises; the name and address of the
exporter; the port of embarkation in the foreign region; and the mode
of transportation, route of travel, and port of entry in the United
States.
The January 2005 final rule did not amend Sec. 93.405(a), however,
which allowed for exemptions to the certificate requirement as provided
in Sec. 93.418(a) for cattle imported from Canada for immediate
slaughter and as provided in Sec. 93.419(a) for sheep and goats
imported from Canada for immediate slaughter.
The language in Sec. Sec. 93.418(a) and 93.419(a) that exempted
cattle, sheep, and goats imported from Canada for immediate slaughter
from the certification requirements of Sec. 93.405 was included in the
regulations before a BSE-infected cow was diagnosed in Canada in May
2003. It was not removed when BSE was detected in Canada because,
following that detection, no live ruminants were allowed importation
from Canada, which made the exemptions moot. It was our intention to
remove those exemptions once the importation of bovines, sheep, and
goats from Canada was allowed to resume. However, by oversight, we
neglected to remove those exemptions in our January 2005 final rule.
Therefore, in this document, we are amending Sec. Sec. 93.405(a),
93.418(a), and 93.419(a) to do so.
What Must Be Included on the Certification Regarding Sheep and Goats
Imported for Immediate Slaughter
As discussed above, we are making clear in this technical amendment
that sheep and goats imported from Canada for immediate slaughter must
be accompanied by the health certificate required in accordance with
Sec. 93.405. However, only parts of Sec. 93.405 are applicable to
sheep and goats imported from Canada for immediate slaughter.
Paragraphs (b) and (c) of Sec. 93.405 include import conditions with
regard to scrapie that are not applicable to sheep and goats imported
from Canada for immediate slaughter, due to the very restricted
movement of such animals in
[[Page 12995]]
the United States. In this document, we are adding wording to Sec.
93.405(b)(1) and (c)(2) to make clear which sheep and goats those
paragraphs apply to.
Individual Identification
Among the information required on the health certificate under
Sec. 93.405(a)(4) is the individual identification of the animal being
imported from a BSE minimal-risk region. To make the requirement for
individual identification more explicit, in this document we are
amending Sec. Sec. 93.419(c) and 93.436(a)(3) and (b)(4) to specify
that each sheep, goat, and bovine imported from a BSE minimal-risk
region--both those imported for immediate slaughter as well as those
imported for feeding and then slaughter--must be identified before the
animal's arrival at the port of entry into the United States by means
of an official eartag of the country of origin (in this case a Canadian
Food Inspection Agency eartag) that is determined by the APHIS
Administrator to meet standards equivalent to those for official
eartags in the United States as defined in 9 CFR 71.1 and to be
traceable to the premises of origin of the animal. We are also
specifying that no person may alter, deface, remove, or otherwise
tamper with the official eartag while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter.
Remove Requirement for Name of Animal on Health Certificate
As noted above, among the information required on the health
certificate under Sec. 93.405(a)(4) of the January 2005 final rule is
the name of the animal. It is not our intent to require the name of the
animal on the health certificate. The wording of Sec. 93.405(a)(4) of
the January 2005 final rule was taken in part from information that is
usually supplied for purebred animals imported for shows or for
breeding. Many animals of this type have been given a name, unlike
ruminants imported for immediate slaughter or for feeding and then
slaughter. Because the January 2005 final rule does not allow the
importation of bovines, sheep, and goats from Canada for shows or
breeding, a requirement that the name of the animal be included on the
health certificate is not necessary or useful. Therefore, consistent
with our intent, we are removing the requirement in Sec. 93.405(a)(4)
that a bovine, sheep, or goat imported from Canada be identified by
name on the health certificate required under Sec. 93.405.
Change to the Heading to Sec. 93.405
Consistent with the content of Sec. 93.405, we are changing the
heading to that section from ``Certificate for ruminants'' to ``Health
certificate for ruminants.''
Reformatting of Sec. 93.418
Section 93.418 of the regulations contains certification
requirements regarding the tuberculosis and brucellosis status of
cattle from Canada. These requirements were in effect before Canada
reported a case of BSE in May 2003. However, from May 2003 until the
January 2005 final rule became effective, the provisions in Sec.
93.418 were moot, because no live cattle were imported from Canada.
With the resumption of the importation of cattle from Canada, and our
making explicit in this technical amendment that all cattle from Canada
must be accompanied by a health certificate in accordance with Sec.
93.405, we are rewording and reformatting Sec. 93.418 to be consistent
with Sec. 93.405 and to remove redundant language.
Paragraph (b) of Sec. 93.418 has required that cattle imported
from Canada for other than immediate slaughter be accompanied by a
certificate issued or endorsed by a salaried veterinarian of the
Canadian Government stating that the cattle meet specified requirements
regarding their tuberculosis status. Similarly, Sec. 93.418(c) has
required that certain cattle imported from Canada for other than
immediate slaughter be accompanied by a certification that the cattle
meet specified requirements regarding their brucellosis status.
As noted above under the heading ``Certification and Individual
Identification of Bovines, Sheep, and Goats Imported for Immediate
Slaughter,'' in this technical amendment we are removing the language
in Sec. 93.418(a) that has said that cattle imported from Canada for
immediate slaughter do not need to be accompanied with the health
certificate required under Sec. 93.405. Consistent with this change to
Sec. 93.418(a), we are rewording Sec. 93.418(b) and (c) to make it
clear that, although all cattle imported from Canada must be
accompanied by a health certificate in accordance with Sec. 93.405,
Sec. 93.418 requires specific information regarding tuberculosis and
brucellosis only for certain cattle (i.e., for cattle other than those
imported for immediate slaughter and, with regard to brucellosis, for
cattle other than steers).
Additionally, in this technical amendment, we are removing Sec.
93.418(d) because its provisions are contained elsewhere in the
regulations. Section 93.418 has contained language requiring that the
health certificate accompanying cattle to the United States indicate
the names of the consignor and consignee, as well as a description of
the cattle to be imported. This language is duplicative of language
contained in Sec. 93.405. Also, Sec. 93.418(d)(3) has required that
the certification accompanying certain cattle from Canada indicate the
dates and places of tuberculosis and brucellosis tests required under
Sec. 93.418(b) and (c). That requirement is duplicative of language
already set forth in Sec. 93.418(b) and (c). Finally, we are removing
the language from Sec. 93.418(d) that says that, for brucellosis
vaccinations required under Sec. 93.418, the required certificate must
indicate the date of vaccination, dosage of vaccine, and age of each
animal, and are including it instead in Sec. 93.418(c).
Certification That Bovines, Sheep, and Goats Are Not Pregnant
Section 93.436 of our January 2005 final rule allows, under certain
conditions, the importation of bovines under 30 months of age and sheep
and goats under 12 months of age. One of the conditions is that the
animals must be imported either for immediate slaughter or for movement
to a feedlot for subsequent movement to slaughter. The final rule does
not allow the importation of breeding cattle and breeding sheep and
goats from BSE minimal-risk regions. This prohibition was discussed in
the preamble (see 70 FR 484-485 and 487), and the rule allows the
importation of bovines, sheep, and goats for slaughter only.
However, the regulatory text of the final rule does not explicitly
address whether pregnant bovines, sheep, or goats may be imported for
immediate slaughter or for movement to a feedlot for subsequent
movement to slaughter.
We did not intend to allow the importation of pregnant bovines,
sheep, and goats under the final rule. Calves, lambs, and kids born in
the United States from animals imported under the January 2005 final
rule would not have been imported in compliance with the final rule, in
that they would not have been identified as being of Canadian origin by
means of a brand, they would not be individually identified in a way
that is traceable to their herd or flock of origin, and they would not
be specifically covered by a certificate. Further, the importation of
fetal bovine serum (FBS) from BSE minimal-risk regions was not
evaluated for the January 2005 final rule, and the regulations do not
allow the importation FBS from BSE minimal-risk regions. It
[[Page 12996]]
would be inconsistent to prohibit the importation of FBS from BSE
minimal-risk regions, while at the same time allow the importation of
pregnant bovines from whose fetuses FBS could be obtained.
Therefore, we are amending Sec. 93.436(a)(1) and (b)(1) to
prohibit explicitly the importation of pregnant bovines from BSE
minimal-risk regions. Similarly, we are amending Sec. 93.419(c) to
prohibit the importation of pregnant sheep and goats from Canada (at
this time the only country listed as a BSE minimal-risk region). As we
have been requiring since the January 2005 final rule was implemented,
certificates accompanying bovines, sheep, and goats imported from
Canada must state that the animals covered by the certificate are not
pregnant.
Definition of Camelids
In the preamble of the January 2005 final rule, we stated that we
were adding a definition of camelid to Sec. 93.400 to mean all species
in the family Camelidae, including camels, llamas, alpacas, guanacos,
and vicunas. However, in the regulatory text of our rule, we
inadvertently neglected to include guanacos in the definition of
camelid. In this document, we are correcting that oversight by adding
guanacos to the definition of camelid in Sec. 93.400.
Pet Food and Similar Commodities
Paragraphs (a)(1) and (a)(2) of Sec. 95.4 contain lists of
commodities that are prohibited importation from regions listed in
Sec. 94.18(a) unless certain conditions are met. The regions listed in
Sec. 94.18(a) include regions in which BSE is known to exist (listed
in Sec. 94.18(a)(1)), regions that present an undue risk of
introducing BSE into the United States (listed in Sec. 94.18(a)(2)),
and BSE minimal-risk regions (listed in Sec. 94.18(a)(3)).
The lists of prohibited items in Sec. 95.4(a)(1) and (a)(2)
include processed animal protein, tankage, offal, and tallow other than
tallow derivatives, unless, in the opinion of the Administrator, the
tallow cannot be used in feed. Also listed are glands and unprocessed
fat tissue derived from ruminants, and derivatives of glands from
ruminants, as well as processed fats and oils, and derivatives of
processed animal protein, tankage, and offal, regardless of the animal
species from which the material was derived.
Further, Sec. 95.4(a)(3) specifies that products containing any of
the materials listed above are prohibited importation from regions
listed in Sec. 94.18(a). In Sec. 95.4(f) and (g) of the January 2005
final rule, however, we added exceptions to the prohibitions set forth
in Sec. 95.4(a) for tallow and offal imported from a BSE minimal-risk
region, provided certain risk-mitigating conditions are met.
However, Sec. 95.4(a)(3), read literally, appears to prohibit the
importation of products containing any of the materials listed in Sec.
95.4(a)(1) or (2), even those products containing materials that are
allowed to be imported from BSE minimal-risk regions. Specifically, the
wording in Sec. 95.4(a)(3) prohibits the importation of ``[p]roducts
containing any of the items listed in paragraphs (a)(1) and (a)(2) of
this section,'' and does not go on to acknowledge that Sec. 95.4(a)
allows for certain exceptions for items from a BSE minimal-risk region.
Our intention, however, was to prohibit the importation of only those
products containing any items that themselves are prohibited
importation under Sec. 95.4(a)(1) and (2). To make clear our intent,
we are rewording Sec. 95.4(a)(3) so that it prohibits the importation
of ``products containing any of the items prohibited importation under
paragraphs (a)(1) and (a)(2) of this section.''
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
0
Accordingly, 9 CFR parts 93 and 95 are corrected by making the
following technical amendments:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 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 93.400 is amended by revising the definition of camelid to
read as follows:
Sec. 93.400 Definitions.
* * * * *
Camelid. All species of the family Camelidae, including camels,
guanacos, llamas, alpacas, and vicunas.
* * * * *
0
3. Section 93.405 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by removing the words ``Sec. Sec. 93.418(a),
93.419(a), 93.423(c), and 93.428(d),'' and by adding in their place the
words ``Sec. Sec. 93.423(c) and 93.428(d),''.
0
c. By revising paragraph (a)(4), the introductory text to paragraph
(b)(1), and paragraph (c)(2) to read as set forth below.
Sec. 93.405 Health certificate for ruminants.
(a) * * *
(4) If the ruminants are bovines, sheep, or goats from regions
listed as BSE minimal-risk regions in Sec. 94.18(a)(3) of this
subchapter, the certificate must also include the name and address of
the importer; the species, breed, number or quantity of ruminants to be
imported; the purpose of the importation; individual ruminant
identification, which includes the eartag required under Sec. Sec.
93.419(c) and 93.436(a)(3) and (b)(4) of this subchapter, and any other
identification present on the animal, including registration number, if
any; a description of the ruminant, including age, color, and markings,
if any; region of origin; the address of or other means of identifying
the premises of origin and any other premises where the ruminants
resided immediately prior to export, including the State or its
equivalent, the municipality or nearest city, or an equivalent method,
approved by the Administrator, of identifying the location of the
premises, and the specific physical location of the feedlot or
recognized slaughtering establishment where the ruminants are to be
moved after importation; the name and address of the exporter; the port
of embarkation in the foreign region; and the mode of transportation,
route of travel, and port of entry in the United States.
(b) Goats. (1) In addition to the statements required by paragraph
(a) of this section, the certificate accompanying goats from any part
of the world, except for goats imported from Canada for immediate
slaughter, must state:
* * * * *
(c) * * *
(2) In addition, except for sheep imported from Canada for
immediate slaughter, the certificate accompanying sheep intended for
importation from
[[Page 12997]]
any part of the world except Australia and New Zealand must state that
the sheep have not been in any flock nor had contact with sheep or
goats that have been in any flock or herd where scrapie has been
diagnosed or suspected during the 5 years immediately prior to
shipment.
* * * * *
0
4. Section 93.418 is amended as follows:
0
a. By revising paragraphs (a) and (b)(2)(i), the introductory text of
paragraph (b)(2)(ii), and paragraphs (c)(2)(i) and (c)(2)(iii) to read
as set forth below.
0
b. By removing paragraph (d).
Sec. 93.418 Cattle from Canada.
(a) Health certificates. Cattle intended for importation from
Canada must be accompanied by a certificate issued in accordance with
Sec. 93.405(a). The certificate must state that the cattle have been
inspected and were found to be free from any evidence of communicable
disease and that, as far as can be determined, they have not been
exposed to any such disease during the preceding 60 days. Cattle found
unqualified upon inspection at the port of entry will be refused entry
into the United States.
(b) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420; or
(ii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
* * * * *
(c) * * *
(2) * * *
(i) The cattle are imported for immediate slaughter in accordance
with Sec. 93.420;
* * * * *
(iii) The cattle are imported for movement to a feedlot and then to
slaughter and the certificate accompanying the cattle shows, in
addition to the information required under Sec. 93.405, the breed of
the animal, and:
(A) That the cattle are from a brucellosis certified-free herd,
province, or territory; or
(B) The date and place the cattle were last tested for brucellosis;
that the cattle were found negative for brucellosis on such test; and
that such test was performed within 30 days preceding the arrival of
the cattle at the port of entry; or
(C) That the female cattle under 18 months of age were vaccinated
against brucellosis in accordance with Canadian regulations; the date
of such vaccination; the dosage of vaccine used; and the age of each
animal on the date of vaccination.
0
5. Section 93.419 is amended as follows:
0
a. By revising paragraph (a) and the introductory text of paragraph (c)
to read as set forth below.
0
b. By removing paragraph (d)(2).
0
c. By redesignating paragraphs (d)(3) through (d)(8) as paragraphs
(d)(2) through (d)(7), respectively.
0
d. In newly redesignated paragraph (d)(2), by removing the words
``paragraph (d)(8)'' and adding in their place the words ``paragraph
(d)(7)'', and by removing the words ``paragraph (d)(2)'' and adding in
their place the words ``paragraph (c)''.
0
e. In newly redesignated paragraph (d)(5), by removing the words
``paragraph (d)(2)'' and adding in their place the words ``paragraph
(c)''.
Sec. 93.419 Sheep and goats from Canada.
(a) Sheep and goats intended for importation from Canada must be
accompanied by a certificate issued in accordance with Sec. 93.405.
* * * * *
(c) Any sheep or goats imported from Canada must not be pregnant,
must be less than 12 months of age when imported into the United States
and when slaughtered, must be from a flock or herd subject to a
ruminant feed ban equivalent to the requirements established by the
U.S. Food and Drug Administration at 21 CFR 589.2000, and must be
individually identified by an official Canadian Food Inspection Agency
eartag, applied before the animal's arrival at the port of entry into
the United States, that is determined by the Administrator to meet
standards equivalent to those for official eartags in the United States
as defined in Sec. 71.1 of this chapter and to be traceable to the
premises of origin of the animal. No person may alter, deface, remove,
or otherwise tamper with the individual identification while the animal
is in the United States or moving into or through the United States,
except that the identification may be removed at the time of slaughter.
The animals must be accompanied by the certification issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of this paragraph have
been met. Additionally, for sheep and goats imported for other than
immediate slaughter, the certificate must state that the conditions of
paragraph (d)(1) of this section have been met. For sheep and goats
imported for immediate slaughter, the certificate must also state that:
* * * * *
0
6. Section 93.436 is amended as follows:
0
a. By revising paragraph (a)(1) to read as set forth below.
0
b. By redesignating paragraphs (a)(3) through (a)(6) as paragraphs
(a)(4) through (a)(7), respectively.
0
c. By adding a new paragraph (a)(3) to read as set forth below.
0
d. By revising newly redesignated paragraph (a)(4) to read as set forth
below.
0
e. By revising paragraph (b)(1) to read as set forth below.
Sec. 93.436 Ruminants from regions of minimal risk for BSE.
(a) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States and when slaughtered;
* * * * *
(3) Each bovine must be individually identified by an official
eartag of the country of origin, applied before the animal's arrival at
the port of entry into the United States, that is determined by the
Administrator to meet standards equivalent to those for official
eartags in this chapter and to be traceable to the premises of origin
of the animal. No person may alter, deface, remove, or otherwise tamper
with the official identification while the animal is in the United
States or moving into or through the United States, except that the
identification may be removed at the time of slaughter;
(4) The bovines must be accompanied by a certificate issued in
accordance with Sec. 93.405 that states, in addition to the statements
required by Sec. 93.405, that the conditions of (a)(1) through (a)(3)
of this section have been met;
* * * * *
(b) * * *
(1) The bovines must be less than 30 months of age and must not be
pregnant when imported into the United States;
* * * * *
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
10. 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.
[[Page 12998]]
0
11. In Sec. 95.4, paragraph (a)(3) is revised 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.
(a) * * *
(3) Products containing any of the items prohibited importation
under paragraphs (a)(1) and (a)(2) of this section.
* * * * *
Done in Washington, DC, this 8th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2406 Filed 3-13-06; 8:45 am]
BILLING CODE 3410-34-P
