[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Rules and Regulations]
[Pages 12994-12998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2406]


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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.

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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 
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