[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Proposed Rules]
[Pages 45439-45444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12944]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 95

[Docket No. APHIS-2006-0026]


Bovine Spongiform Encephalopathy; Minimal-Risk Regions, 
Identification of Ruminants and Processing and Importation of 
Commodities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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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 
(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. In this 
document, we are proposing to remove several restrictions regarding the 
identification of animals and the processing of ruminant materials from 
BSE minimal-risk regions, as well as BSE-based restrictions on gelatin 
derived from bovine hides. We do not believe these restrictions are 
necessary to prevent the introduction of BSE into the United States.

DATES: We will consider all comments that we receive on or before 
October 10, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' 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-2006-0026 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0026, 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. APHIS-2006-0026.
    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, 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 added Canada to 
this category. We also established conditions for the importation of 
certain live ruminants and ruminant products and byproducts from such 
regions. These regulations are in 9 CFR parts 93, 94, 95, and 96.
    On November 28, 2005, we published in the Federal Register an 
interim rule (70 FR 71213-71218, Docket No. 03-080-8) that (1) 
broadened who is authorized to break the seals on a means of conveyance 
carrying certain ruminants from Canada and (2) amended the regulations 
regarding the transiting through the United States of certain ruminant 
products from Canada to allow for limited direct transloading of the 
products from one means of conveyance to another in the United States.
    On March 14, 2006, we published in the Federal Register a technical 
amendment (71 FR 12994-12998, Docket No. 03-080-9) that clarified our 
intent with regard to certain provisions in the January 2005 final rule 
and corrected several inconsistencies within the rule.
    In this proposed rule, we are proposing to further amend the BSE 
regulations to remove several restrictions related to the provisions of 
the January 2005 final rule that we believe are unnecessary to prevent 
the introduction of BSE from minimal-risk regions into the United 
States. We discuss those proposed changes below.

Means of Identification of Bovines, Sheep, and Goats Imported From BSE 
Minimal-Risk Regions

    In our March 2006 technical amendment, we clarified that it was the 
intent of our January 2005 final rule that all live bovines, sheep, and 
goats imported from a BSE minimal-risk region be accompanied by a 
health certificate in accordance with Sec.  93.405 and be individually 
identified in the region of export before being shipped to the United 
States. Because Canada was the only country categorized as a BSE 
minimal-risk region in our final rule, and because the standard means 
of individual livestock identification in Canada is an eartag, we 
specified in Sec.  93.436 of the final rule that live bovines imported 
from a BSE minimal-risk region--in this case, Canada--must be 
individually identified by means of an official eartag of the country 
of origin. The eartag must be determined by the Administrator to meet 
standards equivalent to those for official eartags in the United 
States, as defined in 9 CFR part 71, and to be traceable to the

[[Page 45440]]

premises of origin of the animal. We included a similar requirement in 
Sec.  93.419(d)(2) for sheep and goats, but because, even before our 
January 2005 final rule, Sec.  93.419 referred only to sheep and goats 
from Canada, we specified that the sheep and goats must be individually 
identified by an official Canadian Food Inspection Agency eartag.
    We recognize that there are effective means of individual 
identification other than eartags. However, as stated above, we 
provided in our January 2005 final rule that the means of individual 
identification must be an eartag because eartags are the required means 
of identification under Canada's national livestock identification 
program and Canada was the only country we were categorizing as a BSE 
minimal-risk region in the final rule. We now consider it advisable to 
amend the regulations in a way that allows for means of individual 
identification other than eartags. This change would make it clear to 
any other regions requesting BSE minimal-risk status what we consider 
acceptable with regard to individual identification and would give 
exporters the option of individually identifying bovines, sheep, and 
goats being exported to the United States by means other than eartags.
    Therefore, instead of requiring in Sec.  93.436 that live bovines 
imported into the United States from a BSE minimal-risk region must be 
individually identified by means of an official eartag of the country 
of origin, and instead of requiring in Sec.  93.419 that sheep and 
goats imported into the United States from Canada must be individually 
identified by an official Canadian Food Inspection Agency eartag, we 
are proposing to provide instead in Sec. Sec.  93.419(c) and 
93.436(a)(3) and (b)(4) that the animals must be officially identified 
with individual identification before the animals' arrival at the port 
of entry into the United States. We are also proposing to amend Sec.  
93.405(a)(4), which currently requires that the health certificate 
accompanying cattle, sheep, or goats imported from a BSE minimal-risk 
region record the eartag required under Sec.  93.419 or Sec.  93.436. 
We are proposing to require instead that the health certificate record 
the required official identification.
    We are proposing to define officially identified in Sec.  93.400 of 
the regulations to mean ``individually identified by means of an 
official identification device or method.'' In Sec.  93.400, official 
identification device or method is currently defined as a means of 
officially identifying an animal or group of animals using devices or 
methods approved by the Administrator, including, but not limited to, 
official tags, tattoos, and registered brands when accompanied by a 
certificate of inspection from a recognized brand inspection authority.
    We are not proposing to change that wording. However, we are 
proposing to add a sentence at the end of the definition to make it 
clear that, for animals intended for importation into the United 
States, the particular device or method of identification must have 
been approved by the Administrator for that type of import before the 
animal is exported to the United States.
    We are proposing to add that wording in order to clarify that, 
although a particular kind of identification may have been approved by 
the Administrator for use in particular situations or for particular 
types of animals, that doesn't necessarily mean it can be used for all 
types of animals and in all situations. For instance, due to an 
animal's anatomy, it might not be possible to affix certain types of 
tags to the animal in a way that ensures the tags will not fall off. As 
another example, although the current definition of official 
identification device or method includes ``registered brands'' as an 
example of such identification, a brand in itself might not provide 
adequate identification with regard to BSE. Although a registered brand 
would enable traceback of an animal to its herd of origin, in the case 
of BSE form of identification that provides more detailed information 
about an individual cow, such as an eartag, would be necessary.
    In the event that an importer or importing country seeks and is 
granted approval to use a device or method of identification other than 
one specifically provided for in the regulations, the record of that 
approval and the requirements, if any, for that device or method will 
be included in the protocol for imports from the exporting region, 
which will be made available on the APHIS Web site at http://www.aphis.usda.gov/vs/ncie.

Hide-Derived Gelatin

    The regulations at Sec.  94.18(c) address the importation of 
gelatin derived from ruminants from regions listed in Sec.  94.18(a) as 
regions in which BSE exists (Sec.  94.18(a)(1)), regions that present 
an undue risk of introducing BSE into the United States (Sec.  
94.18(a)(2)), and BSE minimal-risk regions (Sec.  94.18(a)(3)).
    With certain specified exceptions, Sec.  94.18(c) prohibits the 
importation of gelatin derived from ruminants that have been in any 
region listed in Sec.  94.18(a). One of the exceptions is for gelatin 
derived from the bones of bovines 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 from which specified risk 
materials (SRMs) and small intestine were removed. We set forth the 
conditions for that exception in Sec.  94.19(f) of the January 2005 
final rule.
    As currently written, the exception in Sec.  94.19(f) applies 
exclusively to gelatin derived from the bones of bovines and not to 
gelatin derived from bovine hides, even the hides of the same bovines 
whose bones are used for gelatin that is allowed importation into the 
United States. However, we believe there is no scientific reason to 
prohibit the importation of gelatin derived from the hides of bovines. 
Bovine hides have not demonstrated BSE infectivity, even in infected 
animals. The safety of bovine hides with regard to BSE is recognized 
internationally. The World Organization for Animal Health (commonly 
referred to as the OIE) recommends in Article 2.3.13.1 of the OIE 
Terrestrial Animal Health Code, 2005, that gelatin derived exclusively 
from the hides of bovines not be subject to import restrictions. The 
European Commission Scientific Steering Committee's Updated Opinion on 
the Safety with Regard to TSE Risk of Gelatine Derived from Ruminant 
Bones or Hides (adopted by the Scientific Steering Committee at its 
December 5-6, 2002, meeting) states in section B(c) of that document:

    ``When ruminant hides are used for the production of gelatine, 
they are usually obtained from bovines. On the basis of current 
knowledge, it can be considered that the parts of the bovine hides 
used for the production of gelatine do not present a risk with 
regard to TSE's [transmissible spongiform encephalopathies, which 
include BSE], provided contamination with potentially infected 
materials is avoided.''

    Although APHIS considers gelatin derived from bovine hides a 
commodity that does not present a risk of transmitting the BSE agent, 
by oversight we did not include in our January 2005 final rule such 
gelatin as an exception to the general prohibition on the importation 
of gelatin derived from ruminants from BSE minimal-risk regions. 
Because there appears to be no scientific reason to prohibit the 
importation of such gelatin from BSE minimal-risk regions, we are 
proposing to amend Sec.  94.19(f) to add that gelatin derived from the 
hides of bovines that have been in any region listed in Sec.  
94.18(a)(3) may be imported into the United States. In order to help 
ensure that such gelatin is not contaminated with the BSE agent, we are 
also proposing as a condition for such

[[Page 45441]]

importation that the gelatin was not commingled with materials 
ineligible for entry into the United States. We would also apply the 
non-commingling requirement to gelatin derived from bones from bovines 
from BSE minimal-risk regions. Such gelatin is already allowed 
importation, with specified conditions, under Sec.  94.19(f).

Nonruminant Material

    The regulations in Sec.  95.4 prohibit the importation of certain 
materials derived from nonruminants, as well as materials derived from 
ruminants. Specifically, the following nonruminant materials may not be 
imported into the United States from regions listed in Sec.  94.18(a)--
or be derived from nonruminant animals that have been in a region 
listed in Sec.  94.18(a)--unless certain conditions are met:
     Processed animal protein, tankage, and offal;
     Tallow other than tallow derivatives, unless, in the 
opinion of the Administrator, the tallow cannot be used in feed; and
     Processed fats and oils, and derivatives of processed 
animal protein, tankage, and offal.
    Among the conditions for the importation of these nonruminant 
materials is that all steps of processing and storing the material must 
have been carried out in a foreign facility that has not been used for 
the processing and storage of materials from ruminants that have been 
in any region listed in Sec.  94.18(a). The purpose of this requirement 
is to eliminate the possibility that the nonruminant material could 
become commingled with or contaminated by ruminant material containing 
the BSE agent and therefore itself become contaminated with the BSE 
agent.
    We continue to consider this restriction necessary with regard to 
nonruminant materials that are processed in regions listed in Sec.  
94.18(a)(1) or (2) (regions in which BSE exists and regions that 
present an undue risk of introducing BSE into the United States). 
However, requiring that nonruminant materials be processed in separate 
facilities from ruminant materials in BSE minimal-risk regions is 
inconsistent with other provisions in our January 2005 final rule. 
Therefore, we are proposing to eliminate that inconsistency, for the 
reasons explained below.
    Our January 2005 final rule allowed the importation of certain 
ruminant meat, products, and byproducts from Canada (at this time 
Canada is the only region recognized by APHIS as a BSE minimal-risk 
region). APHIS determined that such commodities present a low risk of 
introducing BSE into the United States, based on a number of factors. 
These factors include the measures Canada has in place to detect and 
prevent BSE within Canadian cattle and the commodity-specific 
mitigation measures in the final rule. For meat (including whole or 
half carcasses), meat byproducts, and meat food products derived from 
bovines, the regulations require that the bovines be subject to a 
ruminant feed ban, prohibit the use of an air-injected stunning process 
at slaughter, and require that SRMs and the small intestine of the 
bovines be removed at slaughter. Research has shown that BSE 
infectivity in infected bovines is localized in specific tissues, and 
removal of SRMs is an effective risk mitigation measure for bovines. 
Therefore, the regulations do not require that bovine meat eligible for 
entry into the United States from a BSE minimal-risk region be 
processed in a facility that processes only bovine commodities eligible 
for entry into the United States.\1\
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    \1\ Pursuant to an announcement by the Secretary of Agriculture 
on February 9, 2005, APHIS published in the Federal Register on 
March 11, 2005, a document (70 FR 12112-12113, Docket No. 03-080-6) 
delaying until further notice the applicability of the provisions of 
the final rule as they apply to the importation from Canada of 
certain commodities derived from bovines 30 months of age or older. 
While the delay in applicability is in effect, commodities from 
Canada derived from bovines less than 30 months of age when 
slaughtered will be required to be processed in an establishment 
that operates in compliance with an approved Canadian Food 
Inspection Agency program to prevent commingling of ruminant 
products eligible for export to the United States with ruminant 
products ineligible for export to the United States. This is to 
ensure that only products from bovines less than 30 months of age 
are exported to the United States, however; not to prevent 
contamination.
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    In sheep and goats, research has not identified SRMs that could be 
removed to eliminate any potential infectivity from infected animals. 
Infectivity has not been demonstrated in most tissues in sheep and 
goats until at least 16-months post-exposure to the BSE agent. 
Therefore, for meat (including whole or half carcasses), meat 
byproducts, and meat food products from sheep or goats or other ovines 
or caprines, the regulations require that the animals, among other 
things, be less than 12 months of age when slaughtered and be 
slaughtered at a facility that either slaughters only sheep and/or 
goats or other ovines and caprines less than 12 months of age or 
complies with a segregation process approved by the national veterinary 
authority of the region of origin and the Administrator as adequate to 
prevent contamination or commingling of the meat with products not 
eligible for importation into the United States.
    In both cases, however--for products derived from bovines and for 
products derived from sheep or goats--the regulations do not require 
that the animals necessarily be slaughtered in a facility dedicated 
only to ruminant products eligible for entry into the United States. 
Because products derived from nonruminants pose even less of a BSE risk 
than those derived from ruminants, it is inconsistent with the January 
2005 final rule to require in Sec.  95.4 that, in a region listed in 
Sec.  94.18(a)(3) (i.e., a BSE minimal-risk region), all steps of 
processing nonruminant protein, tankage, offal, and tallow other than 
tallow derivatives, as well as processed fats and oils, and derivatives 
of processed animal protein, tankage, and offal derived from 
nonruminants, be carried out in a facility that has not been used for 
the processing and storage of materials from ruminants that have been 
in any region listed in Sec.  94.18(a)(3) (a BSE minimal-risk region). 
Therefore, we are proposing to amend Sec.  95.4 by adding a new 
paragraph (c)(3) to require that, for facilities in regions listed in 
Sec.  94.18(a)(3), steps of processing and storing the nonruminant 
material are carried out in a facility that has not been used for the 
processing and storage of materials derived from ruminants that have 
been in any region listed in Sec.  94.18(a)(1) or (a)(2).

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.
    In a final rule published in January 2005, we established a 
category of regions that present a minimal risk of introducing BSE 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 proposed rule, we are proposing to remove certain 
restrictions on imports from BSE minimal-risk

[[Page 45442]]

regions that concern animal identification, the derivation of bovine 
gelatin, and the processing of ruminant and nonruminant materials. We 
do not believe these restrictions are necessary to prevent the 
introduction of BSE into the United States.
    Instead of limiting the type of allowable individual identification 
on bovines, sheep, and goats imported from a BSE minimal-risk region to 
an official eartag of the country of origin, we are proposing to allow 
individual identification of animals by means other than eartags, 
provided the APHIS Administrator has approved the manner of 
identification for the type of animal intended for importation.
    Instead of limiting the importation of bovine-derived gelatin from 
BSE minimal-risk regions to gelatin derived from bones, we are 
proposing to also allow the importation of hide-derived gelatin, 
provided certain conditions are met.
    We are also proposing to allow nonruminant material that is 
processed in BSE minimal-risk regions--such as processed animal 
protein, tankage, offal, certain tallow, processed fats and oils, and 
derivatives of processed animal protein, tankage, and offal--to be 
processed in facilities that also process material derived from 
ruminants from the minimal-risk region.
    We address below the potential economic effect of each of these 
changes.

Animal Identification

    Giving owners of bovines, sheep, and goats in BSE minimal-risk 
regions the option of individually identifying animals being exported 
to the United States by means other than eartags is not expected to 
affect U.S. small entities. This amendment simply acknowledges that 
there are effective means of individual identification other than 
eartags. However, APHIS welcomes information that the public may offer 
on ways this amendment may impact small entities, and the type and 
number of small entities that would be affected.

Hide-Derived Gelatin

    This amendment, by allowing the importation of gelatin derived from 
bovine hides, in addition to gelatin derived from bovine bones, could 
affect U.S. entities by providing for an additional source of gelatin 
imported from Canada.
    Gelatin is derived from collagen, an insoluble fibrous protein that 
is the principal constituent of connective tissues and bones. The main 
raw materials used in gelatin production are cattle bones, cattle 
hides, and porkskins. Gelatin recovered from bone is used primarily in 
photographic applications. Porkskin is currently the most significant 
raw material source for production of edible gelatin in North America. 
Cattle hides are the least used raw material for gelatin in North 
America today. Cattle hides sourced by member companies of the Gelatin 
Manufacturers Institute of America for the production of gelatin for 
food use are purchased from a small number of tanneries in the United 
States.
    We do not have information about the quantity of hide-derived 
gelatin that would be imported from Canada because of this proposed 
rule, nor do we have an estimate of the number of U.S. small entities 
that would be affected. Production of animal hides is classified by the 
North American Industry Classification System (NAICS) under ``Animal 
(except Poultry) Slaughtering'' (NAICS 311611), for which the small 
entity definition is businesses with not more than 500 employees. We 
welcome information that would allow us to better understand the number 
and size of entities that could be affected by allowing the importation 
of hide-derived bovine gelatin from Canada, and the extent of the 
possible impact.

Nonruminant Material

    This amendment would remove the requirement that nonruminant 
material that is processed in BSE minimal-risk regions be processed in 
a facility that does not also process material derived from ruminants 
from the minimal-risk region. If this amendment were to result in 
changes in the amounts of nonruminant material imported by the United 
States, then U.S. entities could be affected. Affected nonruminant 
material may include processed animal protein, tankage, offal, certain 
tallow, processed fats and oils, and derivatives of processed animal 
protein, tankage, and offal.
    Facilities that produce these commodities are classified under 
``Rendering and Meat By-product Processing'' (NAICS 311613), for which 
the small entity definition is businesses with not more than 500 
employees. We do not have a basis for estimating the change in imports 
of Canadian nonruminant materials that may result from the proposed 
rule, nor do we know the number or size of U.S. entities that would be 
affected. APHIS welcomes information that the public may provide 
regarding the number of small entities that could be affected and the 
likely magnitude of the effect.
    APHIS has not identified any Federal rules that may duplicate, 
overlap, or conflict with this proposed rule, and believes there are no 
significant alternatives to this proposed rule that would accomplish 
the stated objectives.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

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. Accordingly, we are proposing to 
amend 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

    1. The authority citation for part 93 would continue 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.

    2. Section 93.400 would be amended by revising the definition of 
official identification device or method and adding a definition of 
officially identified, in alphabetical order, to read as follows:


Sec.  93.400  Definitions.

* * * * *
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods

[[Page 45443]]

approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority. For animals 
intended for importation into the United States, the device or method 
of identification used must have been approved by the Administrator for 
that type of import before the animal is exported to the United States.
* * * * *
    Officially identified. Individually identified by means of an 
official identification device or method.
* * * * *
    3. In Sec.  93.405, paragraph (a)(4) would be amended by removing 
the word ``eartag'' and adding in its place the words ``official 
identification.''
    4. Section 93.419 would be amended by revising paragraph (c), 
introductory text, and paragraphs (d)(2), (d)(5), (d)(7)(i), and 
(d)(7)(iii) to read as follows:


Sec.  93.419  Sheep and goats from Canada.

* * * * *
    (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 
officially identified with individual identification before the 
animal's arrival at the port of entry into the United States. 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. 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:
* * * * *
    (d) * * *
    (2) The animals may be moved from the port of entry only to a 
feedlot designated in accordance with paragraph (d)(7) of this section 
and must be accompanied from the port of entry to the designated 
feedlot by APHIS Form VS 17-130 or other movement documentation deemed 
acceptable by the Administrator, which must identify the physical 
location of the feedlot, the individual responsible for the movement of 
the animals, and the individual identification of each animal, which 
includes the official identification required under paragraph (c) of 
this section and any other identification present on the animal, 
including registration number, if any:
* * * * *
    (5) The animals must be accompanied to the recognized slaughtering 
establishment by APHIS Form VS 1-27 or other documentation deemed 
acceptable by the Administrator, which must identify the physical 
location of the recognized slaughtering establishment, the individual 
responsible for the movement of the animals, and the individual 
identification of each animal, which includes the official 
identification required under paragraph (c) of this section and any 
other identification present on the animal, including registration 
number, if any;
* * * * *
    (7) * * *
    (i) Will not remove official identification from animals unless 
medically necessary, in which case new official identification will be 
applied and cross referenced in the records;
* * * * *
    (iii) Will maintain records of the acquisition and disposition of 
all imported sheep and goats entering the feed lot, including the 
official identification number and all other identifying information, 
the age of each animal, the date each animal was acquired and the date 
each animal was shipped to slaughter, and the name and location of the 
plant where each animal was slaughtered. For Canadian animals that die 
in the feedlot, the feedlot will remove the official identification 
device if affixed to the animal, or will record any other official 
identification on the animal and place the official identification 
device or record of official identification in a file with a record of 
the disposition of the carcass;
* * * * *
    5. Section 93.436 would be amended as follows:
    a. Paragraphs (a)(3) and (b)(4) would be revised to read as set 
forth below.
    b. In paragraphs (b)(8) and (b)(11), the word ``eartag'' would be 
removed and the words ``official identification'' would be added in its 
place.


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

* * * * *
    (a) * * *
    (3) Each bovine must be officially identified with individual 
identification before the animal's arrival at the port of entry into 
the United States. 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 slaughter;
* * * * *
    (b) * * *
    (4) Each bovine must be officially identified with individual 
identification before the animal's arrival at the port of entry into 
the United States. 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 slaughter;
* * * * *

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

    6. The authority citation for part 94 would continue 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; 7 CFR 2.22, 2.80, and 371.4.

    7. In Sec.  94.19, paragraph (f) would be revised to read as 
follows:


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

* * * * *
    (f) Gelatin other than that allowed importation under Sec.  
94.18(c). The gelatin is derived from:
    (1) The bones of bovines 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 from which SRMs and small 
intestine were removed, and the gelatin has not been commingled with 
materials ineligible for entry into the United States; or
    (2) The hides of bovines, and the gelatin has not been commingled 
with materials ineligible for entry into the United States.
* * * * *

[[Page 45444]]

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

    8. The authority citation for part 95 would continue 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.

    9. Section 95.4 would be amended as follows:
    a. Paragraph (c)(2) would be revised to read as set forth below.
    b. Paragraphs (c)(3) through (c)(7) would be redesignated as 
paragraphs (c)(4) through (c)(8), respectively.
    c. A new paragraph (c)(3) would be added to read as set forth 
below.
    d. Newly designated paragraph (c)(7) would be revised to read as 
set forth below.


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.

    (c) * * *
    (2) Except for material processed or stored in regions listed in 
Sec.  94.18(a)(3) of this subchapter, all steps of processing and 
storing the material are carried out in a facility that has not been 
used for the processing and storage of materials derived from ruminants 
that have been in any region listed in Sec.  94.18(a) of this 
subchapter.
    (3) For material processed or stored in regions listed in Sec.  
94.18(a)(3) of this subchapter, all steps of processing and storing the 
material are carried out in a facility that has not been used for the 
processing and storage of materials derived from ruminants that have 
been in any region listed in Sec.  94.18(a)(1) or (a)(2) of this 
subchapter.
* * * * *
    (7) Each shipment to the United States is accompanied by an 
original certificate signed by a full-time, salaried veterinarian of 
the government agency responsible for animal health in the region of 
export certifying that the conditions of paragraphs (c)(1) through 
(c)(4) of this section have been met; except that, for shipments of 
animal feed from a region listed in Sec.  94.18(a)(3) of this 
subchapter, the certificate may be signed by a person authorized to 
issue such certificates by the veterinary services of the national 
government of the region of origin.
* * * * *

    Done in Washington, DC, this 3rd day of August 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-12944 Filed 8-8-06; 8:45 am]
BILLING CODE 3410-34-P