[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Rules and Regulations]
[Pages 71213-71218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23334]



[[Page 71213]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 95

[Docket No. 03-080-8]
RIN 0579-AB97


Bovine Spongiform Encephalopathy; Minimal-Risk Regions and 
Importation of Commodities; Unsealing of Means of Conveyance and 
Transloading of Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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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 
amending the regulations to broaden who is authorized to break seals on 
means of conveyances carrying certain ruminants of Canadian origin. 
Additionally, we are amending the regulations regarding the transiting 
through the United States of certain ruminant products from Canada to 
allow for direct transloading of the products from one means of 
conveyance to another in the United States under Federal supervision. 
These actions will contribute to the humane treatment of ruminants 
shipped to the United States from Canada and remove an impediment to 
international trade, without increasing the risk of the BSE disease 
agent entering the United States.

DATES: This interim rule is effective November 28, 2005. We will 
consider all comments that we receive on or before January 27, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0003 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 03-080-8, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 03-080-8.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: For information regarding ruminant 
products, 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.
    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 
in 9 CFR parts 93, 94, 95, and 96 regarding the importation of animals 
and animal products (referred to below as the regulations) 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, to add Canada to this 
category, and to provide conditions for the importation of live 
ruminants and ruminant products and byproducts from Canada.
    Following publication of the final rule, it came to our attention 
that certain provisions in the rule could create conditions that either 
are not conducive to the humane treatment of livestock or that 
unnecessarily hinder international trade. In this interim rule, we are 
amending the regulations to remedy these situations. We discuss below 
the changes we are making.

Breaking of Seals on Means of Conveyance at Feedlots and Slaughtering 
Establishments

    The regulations in Sec. Sec.  93.419, 93.420, and 93.436, which 
were established or amended by our January 2005 final rule, include 
requirements governing the importation of bovines, sheep, and goats 
from Canada, either for immediate slaughter in the United States or for 
movement to a feedlot or designated feedlot in the United States and 
then to slaughter.
    Those importation requirements provide that bovines, sheep, and 
goats entering the United States from Canada must be transported to the 
United States in a means of conveyance that is sealed in Canada with 
seals of the Canadian Government. The final rule specified who in the 
United States was authorized to break the Canadian seals, as follows:
     Under Sec. Sec.  93.419, 93.420, and 93.436, only Animal 
and Plant Health Inspection Service (APHIS) port veterinarians are 
authorized to break the seals at the port of entry.
     Under Sec.  93.419(d)(4), the official seals on a means of 
conveyance used to transport sheep and goats from Canada to a 
designated feedlot in the United States must be broken at the feedlot 
only by an accredited veterinarian or a State or U.S. Department of 
Agriculture (USDA) representative or his or her designee. Similarly, 
under Sec.  93.436(b)(7), the seals on a means of conveyance used to 
transport bovines from Canada or other minimal risk region to a U.S. 
feedlot must be broken only by an accredited veterinarian or a State or 
USDA representative or his or her designee.
     Under Sec.  93.420(a), which deals with the importation of 
ruminants in general from Canada for immediate slaughter, the seals on 
a means of conveyance used to transport such ruminants to slaughter may 
be broken at a recognized slaughtering establishment only by an 
accredited veterinarian or a State or USDA representative or his or her 
designee. However, this provision is inconsistent with provisions in 
Sec.  93.436(a)(4) that apply specifically to bovines, which state that 
seals on means of conveyance used to transport bovines from Canada or 
other minimal risk region to the United States for immediate slaughter 
must be broken at

[[Page 71214]]

the slaughtering establishment only by a USDA representative.
     Under Sec. Sec.  93.419(d)(5) and 93.436(b)(10), the seals 
on a means of conveyance used to transport sheep, goats, and bovines 
from Canada from a U.S. feedlot to a recognized slaughtering 
establishment must be broken at the recognized slaughtering 
establishment only by a USDA representative.
    Requiring that a means of conveyance be sealed during movement from 
one location to another helps ensure that the cargo area of the means 
of conveyance has not been entered while in transit and to ensure that 
the integrity of the shipment has been maintained (i.e., nothing was 
removed from or added to the shipment and the commodities have not been 
tampered with). Therefore, it is necessary that the means of conveyance 
be unsealed by an individual who has been properly trained regarding 
the requirements for sealing and removing the seals.
    It has come to our attention that the restrictions described above 
regarding who may break the official seals on a means of conveyance 
carrying live ruminants can, in some cases, create a situation that is 
not conducive to the humane treatment of livestock. Means of conveyance 
carrying livestock often arrive at feedlots or at slaughtering 
establishments at night or on weekends, frequently when accredited 
veterinarians or State or USDA representatives are not present. Under 
the regulations in place before this interim rule, such livestock 
needed to be held on the means of conveyance until one of the 
authorized individuals became available.
    We do not consider it necessary or acceptable to require such 
extended holding of the animals on the means of conveyance. To address 
this situation, we are providing in this interim rule that authorized 
USDA representatives may break the seals on the means of conveyance. 
Such individuals include any of the following: An APHIS Veterinary 
Services employee, a USDA Food Safety and Inspection Service inspector, 
a State representative, an accredited veterinarian, or an employee of 
an accredited veterinarian, slaughtering establishment, or feedlot who 
is designated by the accredited veterinarian or management of the 
slaughtering establishment or feedlot to unseal the means of 
conveyance.
    To make this change in the regulations, we are providing in each of 
the following paragraphs that the official seals on a means of 
conveyance must be broken only by an authorized USDA representative:
     Sec.  93.419(d)(4) regarding sheep and goats from Canada 
that are moved to a designated feedlot in the United States;
     Sec.  93.419(d)(5) regarding sheep and goats from Canada 
that are moved from a designated feedlot in the United States to a 
recognized slaughtering establishment;
     Sec.  93.420(a) regarding ruminants from Canada that are 
moved to a recognized slaughtering establishment in the United States 
for immediate slaughter;
     Sec.  93.436(a)(4) regarding bovines from Canada that are 
moved to a recognized slaughtering establishment in the United States 
for immediate slaughter;
     Sec.  93.436(b)(7) regarding bovines from Canada that are 
moved to a feedlot in the United States; and
     Sec.  93.436(b)(10) regarding bovines from Canada that are 
moved from a feedlot in the United States to a recognized slaughtering 
establishment.
    In Sec.  93.400, we are removing the definition of USDA 
representative and adding a definition of authorized USDA 
representative to mean an APHIS Veterinary Services employee, a USDA 
Food Safety and Inspection Service inspector, a State representative, 
an accredited veterinarian, or an employee of an accredited 
veterinarian, slaughtering establishment, or feedlot who is designated 
by the accredited veterinarian or management of the slaughtering 
establishment or feedlot to perform the function involved. In the 
definition, we are also providing that, in order to designate an 
employee to break official seals, an accredited veterinarian or the 
management of a slaughtering establishment or feedlot must first supply 
in writing the name of the designated individual to the APHIS area 
veterinarian in charge in the State where the seals will be broken. 
Additionally, we are providing in the definition that the management of 
a slaughtering establishment or feedlot wishing to designate an 
employee to break the seals must enter into an agreement with 
Veterinary Services in which the management of the facility agrees that 
only designated individuals will break the seals, that the facility 
will contact an APHIS representative or USDA Food Safety and Inspection 
Service inspector immediately if the seals are not intact when the 
means of conveyance arrives or if the animals being transported appear 
to be sick or injured due to transport conditions, and that the 
facility will cooperate with APHIS representatives, USDA Food Safety 
and Inspection Service inspectors, and State representatives in 
maintaining records of sealed shipments received.
    We are making such an agreement one of the criteria for designating 
employees to break seals at feedlots and slaughtering establishments in 
order to ensure that USDA will be notified in a timely manner of any 
violations of the requirements in Sec.  93.419, Sec.  93.420, and Sec.  
93.436 regarding sealed means of conveyance carrying ruminants from 
Canada or any other BSE minimal-risk region, that adequate records of 
such sealed shipments will be maintained, and that USDA will be 
notified in a timely manner of any apparent violations of the 
regulations in 9 CFR part 89 regarding the humane transport of 
livestock. Because accredited veterinarians have already entered into 
an agreement with APHIS to carry out functions in accordance with the 
regulations, it is not necessary to require accredited veterinarians 
who wish to designate an employee to break seals to additionally enter 
into the agreement described above.
    We are adding a definition of area veterinarian in charge (AVIC) to 
mean the veterinary official of APHIS who is assigned by the 
Administrator to supervise and perform the official animal health work 
of APHIS in the State concerned.

Sealing of Means of Conveyance

    In this interim rule, we are clarifying the wording in Sec. Sec.  
93.419(d)(5) and 93.436(b)(10) regarding who is authorized to apply 
official seals to means of conveyance carrying ruminants of Canadian 
origin, in order to eliminate possible confusion from our using similar 
terms to mean different things. In our January 2005 final rule, we 
indicated that the only individuals authorized to apply a U.S. 
Government seal to a means of conveyance carrying live ruminants from 
Canada from a designated feedlot (Sec.  93.419(d)(5) regarding sheep 
and goats) or feedlot (Sec.  93.436(b)(10) regarding bovines) to a 
slaughtering establishment are accredited veterinarians, State 
representatives, and USDA representatives. We defined USDA 
representative as a veterinarian or other individual employed by USDA 
who is authorized to perform the services required by part 93. In 
practice, in the situations described in Sec. Sec.  93.419(d)(5) and 
93.436(b)(10), a USDA representative will be an APHIS official.
    As noted above, in this interim rule, we are using the term 
``authorized USDA representative'' to indicate who must unseal means of 
conveyance at feedlots and slaughtering establishments. In order to 
avoid possible confusion between the use of similar terms with 
different meanings

[[Page 71215]]

(i.e., authorized USDA representative with regard to who is allowed to 
``unseal'' means of conveyance at feedlots and slaughtering 
establishments and USDA representative with regard to who is allowed to 
``seal'' means of conveyance at feedlots), we are specifying in 
Sec. Sec.  93.419(d)(5) and 93.436(b)(10) that means of conveyance 
carrying live ruminants from a feedlot or designated feedlot to a 
slaughtering establishment must be sealed with seals of the U.S. 
Government by an accredited veterinarian, a State representative, or an 
APHIS representative. APHIS representative is defined in Sec.  93.400 
as a veterinarian or other individual employed by APHIS, USDA, who is 
authorized to perform the services required by part 93.

Transloading of Ruminant Products From Canada Being Transported Through 
the United States for Immediate Export

    Section 94.18 of the regulations includes restrictions on the 
importation of meat and edible products of ruminants due to BSE, and 
Sec.  95.4 includes restrictions on the importation of animal 
byproducts due to BSE. Paragraph (d) of Sec.  94.18 and paragraph (h) 
of Sec.  95.4 include conditions governing the overland shipment 
through the United States for immediate export of products and 
byproducts that are derived from bovines, sheep, and goats in Canada 
and that are eligible for entry into the United States. Among the 
provisions in Sec. Sec.  94.18(d)(5) and 95.4(h)(4) governing such 
overland transiting is a prohibition on the transloading of these 
products while in the United States. By ``transloading,'' we mean the 
transfer in the United States of the cargo from the means of conveyance 
that carried it into the United States to another means of conveyance, 
either directly from the first means of conveyance to another means of 
conveyance or indirectly from the first means of conveyance to a 
storage area and then to a second means of conveyance.
    In our final rule, we prohibited the transloading of bovine, sheep, 
and goat products and byproducts transiting the United States from 
Canada in order to ensure that such commodities are, in fact, moved out 
of the country and are not diverted for use in the United States.
    It has come to our attention that, historically, one of the 
standard industry practices for shipments transiting overland from 
Canada to Mexico has been the transloading of products in the United 
States at the U.S.-Mexican border from the means of conveyance that 
carried the products through the United States directly into a waiting 
means of conveyance for delivery into Mexico.
    Such limited direct transloading, if carried out under Federal 
supervision, can be done with adequate assurance that all of the 
products are exported from the United States. Therefore, we are 
amending the regulations in Sec. Sec.  94.18(d)(5) and in 95.4(h)(4) to 
allow such direct transloading, provided it is carried out under the 
supervision of an authorized inspector (as defined in Sec.  94.0) or an 
inspector (as defined in Sec.  95.1). (Under the current regulations, 
authorized inspector is defined in Sec.  94.0, and inspector is defined 
in Sec.  95.1, to mean any individual authorized by the Administrator 
of APHIS or the Commissioner of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations of part 94 
or part 95, respectively. We are retaining those definitions in the 
regulations.)
    We are also providing in Sec. Sec.  94.18(d)(5) and 95.4(h)(4) that 
an authorized inspector or an inspector must break the seals of the 
national government of the region of origin on the means of conveyance 
that carried the commodities into the United States and seal the means 
of conveyance that will carry the commodities out of the United States 
with seals of the U.S. Government.
    We are defining direct transloading in Sec. Sec.  94.0 and 95.1 to 
mean the transfer of cargo directly from one means of conveyance to 
another. Direct transloading does not include the removal of cargo from 
the first means of conveyance for storage in the United States and 
subsequent reloading to a second means of conveyance.

Immediate Action

    Immediate action is warranted to facilitate the humane treatment of 
livestock and to remove unnecessary hindrances to international trade. 
Under these circumstances, the Administrator has determined that prior 
notice and opportunity for public comment are contrary to the public 
interest and that there is good cause under 5 U.S.C. 553 for making 
this action effective less than 30 days after publication in the 
Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule. (See DATES above.) After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    The Regulatory Flexibility Act requires agencies to evaluate the 
potential effects of their proposed and final rules on small 
businesses, small organizations, and small governmental jurisdictions. 
We have prepared an initial regulatory flexibility analysis, which is 
set forth below.
    This interim rule amends the provisions that were established by 
our January 2005 final rule regarding (1) the breaking of official 
seals on shipments of ruminants from Canada, and (2) the transloading 
of ruminant products and byproducts transiting overland from Canada to 
Mexico. As discussed above, we are providing in this interim rule that 
the seals on means of conveyance moved from Canada either to a feedlot 
or to a slaughtering establishment must be broken by an authorized USDA 
representative, which can include an APHIS Veterinary Services 
employee, a USDA Food Safety and Inspection Service inspector, a State 
representative, an accredited veterinarian, or an employee of an 
accredited veterinarian or employee of a slaughtering establishment or 
feedlot who is designated by the accredited veterinarian or management 
of the slaughtering establishment or feedlot to perform the function 
involved. Regarding the overland transit of commodities from Canada to 
Mexico, firms have historically often transloaded products in the 
United States at the U.S.-Mexican border from the means of conveyance 
that carried the products through the United States directly into a 
waiting means of conveyance for delivery to Mexico. However, the final 
rule established a prohibition of the transloading in the United States 
of Mexico-bound shipments of Canadian ruminant products and byproducts. 
This interim rule will allow, under Federal supervision, the direct 
transloading at the U.S.-Mexican border of Canadian ruminant products 
and byproducts destined for Mexico.
    This rule corrects two unforeseen effects of the final rule by 
removing unnecessary restrictions on (1) who is allowed to break 
official seals on shipments of Canadian ruminants received at feedlots 
and at recognized slaughtering facilities, and (2) the transit shipment 
through the United States of Canadian ruminant products and

[[Page 71216]]

byproducts destined for Mexico. The Animal Health Protection Act (7 
U.S.C. 8301-8317) provides the basis for the rule.
    Entities that will be directly affected by the interim rule are 
feedlots and recognized slaughtering facilities that receive ruminants 
from Canada, and firms that provide for the overland transit of 
Canadian ruminant products and byproducts to Mexico. These industries 
are predominantly composed of small entities, as described below.
    A feedlot is considered to be a small entity by the Small Business 
Administration (SBA) if its annual receipts total no more than $1.5 
million. In 2004, 88,000 of the 90,176 feedlots in the United States 
(97 percent) had capacities of less than 1,000 head.\1\ The average 
annual number of cattle marketed by these feedlots of smaller capacity 
was fewer than 44 head.\2\ Based on a market price per fed animal of 
$84.75 per hundredweight (100 pounds) and a slaughter weight of 1,250 
pounds, annual receipts for the 97 percent of U.S. feedlots that have 
capacities of less than 1,000 head average about $46,600.\3\ Clearly, 
most feedlot operations are small entities.
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    \1\ USDA NASS. ``Cattle on Feed'' (February 18, 2005). North 
American Industry Classification System (NAICS) code 112112, Cattle 
Feedlots.
    \2\ Ibid.
    \3\ $84.75 per cwt was the 2004 annual price for choice steers 
in Nebraska, as reported in USDA ``Livestock, Dairy, and Poultry 
Outlook,'' LDP-M-134, August 18, 2005. $84.75 per cwt x 12.5 cwt per 
head marketed x 44 head marketed per feedlot = $46,612.50 per 
feedlot.
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    In 2002, there were a total of 1,869 animal slaughtering 
establishments in the United States, excluding establishments for 
poultry. Ninety-six percent of them (1,796) employed not more than 500 
employees and, therefore, are considered small by SBA standards.\4\
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    \4\ U.S. Census Bureau, 2002 Economic Census. NAICS code 311611, 
Animal (except Poultry) Slaughtering.
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    The SBA considers a firm engaged in long-distance livestock 
trucking to be small if its annual receipts are not more than $21.5 
million. In 2002, the average payroll of establishments engaged in 
long-distance specialized freight trucking was less than $421,000, and 
the average number of employees per establishment was fewer than 12 
people.\5\ Based on these payroll and employee averages, we expect that 
most firms engaged in long-distance trucking firms--including 
enterprises that transport livestock--earn annual receipts well below 
the small-entity threshold.
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    \5\ U.S. Census Bureau, 2002 CBP United States Economic 
Profiles. NAICS code 484230, Specialized Freight (except Used Goods) 
Trucking, Long-Distance.
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    We do not know the number of feedlots or slaughtering 
establishments that will receive Canadian ruminants, nor do we know the 
number of trucking firms that will transload Canadian ruminant products 
or byproducts at the U.S.-Mexican border. Most of the affected 
businesses are likely small entities, and they are expected to benefit 
from the interim rule's lessening of regulatory restrictions. APHIS 
welcomes information that the public may provide regarding the number 
of small entities to which the interim rule will apply.
    For feedlots and recognized slaughtering facilities receiving 
Canadian ruminants, the interim rule allows certain personnel 
designated by an accredited veterinarian or the facilities' managers to 
unseal the means of conveyance and unload the animals. The requirements 
that the names of such designated employees first be submitted by the 
accredited veterinarians or facility managers and that feedlots and 
slaughtering establishments enter into an agreement with APHIS are 
addressed below under the heading ``Paperwork Reduction Act.''
    There are no significant alternatives to this rule that would 
accomplish the stated objectives. Without the interim rule, affected 
small entities would continue to be unnecessarily burdened by (1) 
costly off-loading delays that endanger the welfare of Canadian 
ruminants moved to U.S. feedlots and recognized slaughtering 
facilities, and (2) unnecessary inefficiencies at the U.S.-Mexican 
border in the overland transit of Canadian ruminant products and 
byproducts destined for Mexico.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0277 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 03-080-8, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 03-080-8 and send 
your comments within 60 days of publication of this rule.
    This interim rule amends the regulations governing the importation 
of ruminants into the United States to broaden who is authorized to 
break seals on means of conveyances carrying certain ruminants of 
Canadian origin. We are providing that individuals authorized to break 
the seals on the means of conveyance can, in addition to a USDA 
employee (of APHIS Veterinary Services or a Food Safety and Inspection 
Service inspector), include any of the following: A State 
representative, an accredited veterinarian, or an employee of an 
accredited veterinarian, slaughtering establishment, or feedlot who is 
designated by the accredited veterinarian or management of the 
slaughtering establishment or feedlot to unseal the means of 
conveyance. If an accredited veterinarian or the management of a 
feedlot or slaughtering establishment designates an employee to break 
the seals, the accredited veterinarian or management of the facility 
must supply the name of the designated employee to the APHIS area 
veterinarian in charge. Additionally, the management of a slaughtering 
establishment or feedlot must enter into an agreement with Veterinary 
Services in which the management of the facility agrees that only 
designated individuals will break the seals, that the facility will 
contact an APHIS representative or USDA Food Safety and Inspection 
Service inspector immediately if the seals are not intact when the 
means of conveyance arrives or if the animals being transported appear 
to be sick or injured due to transport conditions, and that the 
facility will cooperate with APHIS representatives, USDA Food Safety 
and Inspection Service inspectors, and State representatives in 
maintaining records of sealed shipments received. We are soliciting 
comments from the public ( as well as affected agencies) concerning 
this information collection requirement. These comments will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions,

[[Page 71217]]

including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per response.
    Respondents: Accredited veterinarians, feedlot managers, and 
slaughter facility managers.
    Estimated annual number of respondents: 900.
    Estimated annual number of responses per respondent: 12.
    Estimated annual number of responses: 10,800.
    Estimated total annual burden on respondents: 2,700 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this interim rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

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 93, 94, and 95 as follows:

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 removing the definition of USDA 
representative and adding definitions of area veterinarian in charge 
and authorized USDA representative in alphabetical order to read as 
follows:


Sec.  93.400  Definitions.

* * * * *
    Area veterinarian in charge (AVIC). The veterinary official of 
APHIS who is assigned by the Administrator to supervise and perform the 
official animal health work of APHIS in the State concerned.
* * * * *
    Authorized USDA representative. An APHIS Veterinary Services 
employee, a USDA Food Safety and Inspection Service inspector, a State 
representative, an accredited veterinarian, or an employee of an 
accredited veterinarian, slaughtering establishment, or feedlot who is 
designated by the accredited veterinarian or management of the 
slaughtering establishment or feedlot to perform the function involved. 
In order to designate an employee to break official seals, an 
accredited veterinarian or the management of a slaughtering 
establishment or feedlot must first supply in writing the name of the 
designated individual to the APHIS AVIC in the State where the seals 
will be broken. Additionally, the management of a slaughtering 
establishment or feedlot must enter into an agreement with Veterinary 
Services in which the management of the facility agrees that only 
designated individuals will break the seals, that the facility will 
contact an APHIS representative or USDA Food Safety and Inspection 
Service inspector immediately if the seals are not intact when the 
means of conveyance arrives or if the animals being transported appear 
to be sick or injured due to transport conditions, and that the 
facility will cooperate with APHIS representatives, USDA Food Safety 
and Inspection Service inspectors, and State representatives in 
maintaining records of sealed shipments received.
* * * * *

0
3. In Sec.  93.419, in paragraph (d)(4), the first sentence, the words 
``accredited veterinarian or a State or USDA representative or his or 
her designee'' are removed and the words ``authorized USDA 
representative'' are added in their place, and paragraph (d)(5) and the 
parenthetical reference to the Office of Management and Budget 
paperwork approval at the end of the section are revised to read as 
follows:


Sec.  93.419  Sheep and goats from Canada.

* * * * *
    (d) * * *
    (5) The animals must remain at the designated feedlot until 
transported to a recognized slaughtering establishment. The animals 
must be moved directly to the recognized slaughtering establishment in 
a means of conveyance sealed with seals of the U.S. Government by an 
accredited veterinarian, a State representative, or an APHIS 
representative. The seals must be broken at the recognized slaughtering 
establishment only by an authorized USDA representative;
* * * * *
(Approved by the Office of Management and Budget under control 
numbers 0579-0040, 0579-0234, and 0579-0277)


Sec.  93.420  [Amended]

0
4. In Sec.  93.420, paragraph (a), the second sentence, the words 
``accredited veterinarian or a State or USDA representative or his or 
her designee'' are removed and the words ``authorized USDA 
representative'' are added in their place, and a reference to the 
Office of Management and Budget paperwork approval is added at the end 
of the section to read ``(Approved by the Office of Management and 
Budget under control number 0579-0277)''.

0
5. Section 93.436 is amended as follows:
0
a. In paragraph (a)(4), the second sentence, the words ``a USDA 
representative'' are removed and the words ``an authorized USDA 
representative'' are added in their place.
0
b. In paragraph (b)(7), the first sentence, the words ``accredited 
veterinarian or a State or USDA representative or his or her designee'' 
are removed and the words ``authorized

[[Page 71218]]

USDA representative'' are added in their place.
0
c. Paragraph (b)(10) is revised to read as follows:


Sec.  93.436  Ruminants from regions of minimal risk for BSE.

* * * * *
    (b) * * *
    (10) The bovines must be moved directly from the feedlot identified 
on APHIS Form VS 17-130 to a recognized slaughtering establishment in 
conveyances that must be sealed at the feedlot with seals of the U.S. 
Government by an accredited veterinarian, a State representative, or an 
APHIS official. The seals may be broken at the recognized slaughtering 
establishment only by an authorized USDA representative;
* * * * *

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

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 
2.22, 2.80, and 371.4.

0
7. Section 94.0 is amended by adding a definition of direct 
transloading, in alphabetical order, to read as follows:


Sec.  94.0  Definitions.

* * * * *
    Direct transloading. The transfer of cargo directly from one means 
of conveyance to another.
* * * * *

0
8. In Sec.  94.18, paragraph (d)(5)(ii) is revised to read as follows:


Sec.  94.18  Restrictions on importation of meat and edible products 
from ruminants due to bovine spongiform encephalopathy.

* * * * *
    (d) * * *
    (5) * * *
    (ii) The commodities may not be transloaded while in the United 
States, except for direct transloading under the supervision of an 
authorized inspector, who must break the seals of the national 
government of the region of origin on the means of conveyance that 
carried the commodities into the United States and seal the means of 
conveyance that will carry the commodities out of the United States 
with seals of the U.S. Government;
* * * * *

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

0
9. 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
10. Section 95.1 is amended by adding a definition of direct 
transloading, in alphabetical order, to read as follows:


Sec.  95.1  Definitions.

* * * * *
    Direct transloading. The transfer of cargo directly from one means 
of conveyance to another.
* * * * *

0
11. Section 95.4 is amended by revising paragraph (h)(4)(ii) 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.

* * * * *
    (h) * * *
    (4) * * *
    (ii) The commodities are not transloaded while in the United 
States, except for direct transloading under the supervision of an 
inspector, who must break the seals of the national government of the 
region of origin on the means of conveyance that carried the 
commodities into the United States and seal the means of conveyance 
that will carry the commodities out of the United States with seals of 
the U.S. Government;
* * * * *

    Done in Washington, DC, this 21st day of November 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-23334 Filed 11-25-05; 8:45 am]
BILLING CODE 3410-34-P