[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Rules and Regulations]
[Pages 12112-12113]
From the Federal Register Online via the Government Publishing 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.

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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.
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    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).
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    \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.
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    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