[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Rules and Regulations]
[Pages 28886-28887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12319]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 95

[Docket No. APHIS-2006-0113]
RIN 0579-AC11


Importation of Swine Hides and Skins, Bird Trophies, and Ruminant 
Hides and Skins; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: In a final rule that was published in the Federal Register on 
December 15, 2009, and effective on January 14, 2010, we amended the 
regulations governing the importation of animal byproducts to, among 
other things, provide specific conditions under which deer and other 
ruminant hides and skins from Mexico could be imported into the United 
States in order to protect U.S. livestock from the introduction of 
bovine babesiosis. It was our intent to indicate that deer and ruminant 
hides and skins from Mexico may not go to an approved establishment 
upon importation into the United States rather than comply with the 
specific conditions established in the final rule. This document 
corrects that error.

DATES: Effective Date: May 19, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Tracye Butler, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231; 
(301) 734-7476.

SUPPLEMENTARY INFORMATION:

Background

    In a final rule that was published in the Federal Register on 
December 15, 2009 (74 FR 66222-66227, Docket No. APHIS-2006-0113), and 
effective on January 14, 2010, we amended the regulations governing the 
importation of animal byproducts to, among other things, provide 
specific conditions under which deer and other ruminant hides and skins 
from Mexico could be imported into the United States in order to 
protect U.S. livestock from the introduction of bovine babesiosis.
    In the final rule, we added provisions for the importation of 
ruminant hides and skins from Mexico to Sec.  95.5. We provided that 
hides and skins from Mexico may enter the United States without other 
restriction if they are hard dried (paragraph (a)(2)); have been 
pickled in a solution of salt containing mineral acid which has a pH of 
less than or equal to 5 and placed in containers while wet (paragraph 
(a)(4)); or have been treated with lime so as to have become dehaired 
and ready for preparation into rawhide products (paragraph (a)(5)).
    In order to address the specific risk to U.S. livestock of bovine 
babesiosis, we are amending paragraph (b)(1) of Sec.  95.5 to add the 
statement that ruminant hides and skins from Mexico must also be free 
of ticks in addition to having been subjected to any one of the 
treatments specified in paragraphs (a)(2), (a)(4), or (a)(5) of Sec.  
95.5.
    Hides and skins from Mexico may also enter the United States 
without other restriction if they are found to have been frozen solid 
for 24 hours upon inspection by an inspector or are accompanied by a 
certificate attesting to that fact issued by the shipper or importer 
and are free from ticks; are free from ticks and are accompanied by a 
certificate issued by a full-time salaried veterinary officer of the 
Government of Mexico stating that they have been treated with an 
acaricide; or are bovine hides taken from cattle that were subjected to 
a tickicidal dip in one of the permitted dips at a Mexican facility 7 
to 12 days prior to slaughter, and are free from ticks. These 
requirements are intended to protect U.S. livestock from the 
introduction of bovine babesiosis.
    The introductory text of Sec.  95.5 provides that untanned hides 
and skins and bird trophies may be imported into the United States if 
they meet the requirements of that section or are handled at an 
approved establishment as set forth in Sec.  95.6. Our final rule 
should have indicated that ruminant hides and skins from Mexico may not 
be handled at approved establishments because of the risk of the hides 
and skins being infested with ticks carrying bovine babesiosis. Since 
the publication of the final rule, we have not authorized any approved 
establishments to receive ruminant hides and skins from Mexico.
    Therefore, we are amending the introductory text of Sec.  95.5 so 
that it clearly states that ruminant hides and skins from Mexico that 
do not meet the requirements of Sec.  95.5 are not eligible for 
importation for handling at an

[[Page 28887]]

approved establishment as set forth in Sec.  95.6.
    To reflect this, we are also amending the introductory text of 
Sec.  95.6 to exclude ruminant hides and skins from Mexico from the 
articles that can be offered for importation when they do not meet the 
conditions or requirements of Sec.  95.5 if they are handled and 
treated at the port of entry under the further provisions of Sec.  
95.6.

List of Subjects in 9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.

    Accordingly, we are amending 9 CFR part 95 as follows:

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

0
1. 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
2. Section 95.5 is amended as follows:
0
a. The introductory text is revised to read as set forth below.
0
b. In paragraph (b)(1), by adding the words ``are free of ticks and'' 
after the word ``They''.


Sec.  95.5  Untanned hides and skins and bird trophies; requirements 
for entry.

    Untanned hides and skins and bird trophies \1\ may be imported into 
the United States if they meet the requirements of this section. Except 
for ruminant hides or skins from Mexico, untanned hides and skins and 
bird trophies may also be imported if handled at an approved 
establishment as set forth in Sec.  95.6.
---------------------------------------------------------------------------

    \1\ The importation of bird trophies is also subject to 
restrictions under Sec.  95.30.
---------------------------------------------------------------------------

* * * * *


0
3. In Sec.  95.6, the introductory text is revised to read as follows:


Sec.  95.6   Untanned hides, skins, and bird trophies; importation 
permitted subject to restrictions.

    Except for ruminant hides or skins from Mexico, hides or skins or 
bird trophies offered for importation which do not meet the conditions 
or requirements of Sec.  95.5 shall be handled and treated in the 
following manner after arrival at the port of entry:
* * * * *

    Done in Washington, DC, this 13th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-12319 Filed 5-18-11; 8:45 am]
BILLING CODE 3410-34-P