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Federal Register / Vol. 70, No.

227 / Monday, November 28, 2005 / Rules and Regulations 71213

DEPARTMENT OF AGRICULTURE supporting and related materials provisions in the rule could create
available electronically. After the close conditions that either are not conducive
Animal and Plant Health Inspection of the comment period, the docket can to the humane treatment of livestock or
Service be viewed using the ‘‘Advanced Search’’ that unnecessarily hinder international
function in Regulations.gov. trade. In this interim rule, we are
9 CFR Parts 93, 94, and 95 • Postal Mail/Commercial Delivery: amending the regulations to remedy
[Docket No. 03–080–8] Please send four copies of your these situations. We discuss below the
comment (an original and three copies) changes we are making.
RIN 0579–AB97 to Docket No. 03–080–8, Regulatory Breaking of Seals on Means of
Analysis and Development, PPD, Conveyance at Feedlots and
Bovine Spongiform Encephalopathy; APHIS, Station 3A–03.8, 4700 River
Minimal-Risk Regions and Importation Slaughtering Establishments
Road, Unit 118, Riverdale, MD 20737–
of Commodities; Unsealing of Means 1238. Please state that your comment The regulations in §§ 93.419, 93.420,
of Conveyance and Transloading of refers to Docket No. 03–080–8. and 93.436, which were established or
Products Reading Room: You may read any amended by our January 2005 final rule,
AGENCY: Animal and Plant Health comments that we receive on this include requirements governing the
docket in our reading room. The reading importation of bovines, sheep, and goats
Inspection Service, USDA.
room is located in room 1141 of the from Canada, either for immediate
ACTION: Interim rule and request for
USDA South Building, 14th Street and slaughter in the United States or for
comments. movement to a feedlot or designated
Independence Avenue SW.,
SUMMARY: In a final rule published in Washington, DC. Normal reading room feedlot in the United States and then to
the Federal Register on January 4, 2005, hours are 8 a.m. to 4:30 p.m., Monday slaughter.
we amended the regulations regarding through Friday, except holidays. To be Those importation requirements
the importation of animals and animal sure someone is there to help you, provide that bovines, sheep, and goats
products to establish a category of please call (202) 690–2817 before entering the United States from Canada
regions that present a minimal risk of coming. must be transported to the United States
in a means of conveyance that is sealed
introducing bovine spongiform Other Information: Additional
in Canada with seals of the Canadian
encephalopathy into the United States information about APHIS and its
Government. The final rule specified
via live ruminants and ruminant programs is available on the Internet at
who in the United States was authorized
products and byproducts, and added http://www.aphis.usda.gov.
to break the Canadian seals, as follows:
Canada to this category. We also FOR FURTHER INFORMATION CONTACT: For • Under §§ 93.419, 93.420, and
established conditions for the information regarding ruminant 93.436, only Animal and Plant Health
importation of certain live ruminants products, contact Dr. Karen James- Inspection Service (APHIS) port
and ruminant products and byproducts Preston, Director, Technical Trade veterinarians are authorized to break the
from such regions. In this document, we Services, National Center for Import and seals at the port of entry.
are amending the regulations to broaden Export, VS, APHIS, 4700 River Road, • Under § 93.419(d)(4), the official
who is authorized to break seals on Unit 38, Riverdale, MD 20737–1231; seals on a means of conveyance used to
means of conveyances carrying certain (301) 734–4356. transport sheep and goats from Canada
ruminants of Canadian origin. For information concerning live to a designated feedlot in the United
Additionally, we are amending the ruminants, contact Lee Ann Thomas, States must be broken at the feedlot only
regulations regarding the transiting Director, Technical Trade Services, by an accredited veterinarian or a State
through the United States of certain Animals, Organisms and Vectors, and or U.S. Department of Agriculture
ruminant products from Canada to Select Agents, National Center for (USDA) representative or his or her
allow for direct transloading of the Import and Export, VS, APHIS, 4700 designee. Similarly, under
products from one means of conveyance River Road, Unit 38, Riverdale, MD § 93.436(b)(7), the seals on a means of
to another in the United States under 20737–1231; (301) 734–4356. conveyance used to transport bovines
Federal supervision. These actions will SUPPLEMENTARY INFORMATION: from Canada or other minimal risk
contribute to the humane treatment of region to a U.S. feedlot must be broken
ruminants shipped to the United States Background
only by an accredited veterinarian or a
from Canada and remove an In a final rule published in the State or USDA representative or his or
impediment to international trade, Federal Register on January 4, 2005 (70 her designee.
without increasing the risk of the BSE FR 460–553, Docket No. 03–080–3), we • Under § 93.420(a), which deals with
disease agent entering the United States. amended the regulations in 9 CFR parts the importation of ruminants in general
DATES: This interim rule is effective 93, 94, 95, and 96 regarding the from Canada for immediate slaughter,
November 28, 2005. We will consider importation of animals and animal the seals on a means of conveyance used
all comments that we receive on or products (referred to below as the to transport such ruminants to slaughter
before January 27, 2006. regulations) to establish a category of may be broken at a recognized
ADDRESSES: You may submit comments regions that present a minimal risk of slaughtering establishment only by an
by either of the following methods: introducing bovine spongiform accredited veterinarian or a State or
• Federal eRulemaking Portal: Go to encephalopathy (BSE) into the United USDA representative or his or her
http://www.regulations.gov and, in the States via live ruminants and ruminant designee. However, this provision is
‘‘Search for Open Regulations’’ box, products and byproducts, to add Canada inconsistent with provisions in
select ‘‘Animal and Plant Health to this category, and to provide § 93.436(a)(4) that apply specifically to
Inspection Service’’ from the agency conditions for the importation of live bovines, which state that seals on means
drop-down menu, then click on ruminants and ruminant products and of conveyance used to transport bovines
‘‘Submit.’’ In the Docket ID column, byproducts from Canada. from Canada or other minimal risk
select APHIS–2005–0003 to submit or Following publication of the final region to the United States for
view public comments and to view rule, it came to our attention that certain immediate slaughter must be broken at

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71214 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations

the slaughtering establishment only by a • § 93.419(d)(4) regarding sheep and We are making such an agreement one
USDA representative. goats from Canada that are moved to a of the criteria for designating employees
• Under §§ 93.419(d)(5) and designated feedlot in the United States; to break seals at feedlots and
93.436(b)(10), the seals on a means of • § 93.419(d)(5) regarding sheep and slaughtering establishments in order to
conveyance used to transport sheep, goats from Canada that are moved from ensure that USDA will be notified in a
goats, and bovines from Canada from a a designated feedlot in the United States timely manner of any violations of the
U.S. feedlot to a recognized slaughtering to a recognized slaughtering requirements in § 93.419, § 93.420, and
establishment must be broken at the establishment; § 93.436 regarding sealed means of
recognized slaughtering establishment • § 93.420(a) regarding ruminants conveyance carrying ruminants from
only by a USDA representative. from Canada that are moved to a Canada or any other BSE minimal-risk
Requiring that a means of conveyance recognized slaughtering establishment region, that adequate records of such
be sealed during movement from one in the United States for immediate sealed shipments will be maintained,
location to another helps ensure that the slaughter; and that USDA will be notified in a
cargo area of the means of conveyance • § 93.436(a)(4) regarding bovines timely manner of any apparent
has not been entered while in transit from Canada that are moved to a violations of the regulations in 9 CFR
and to ensure that the integrity of the recognized slaughtering establishment part 89 regarding the humane transport
in the United States for immediate of livestock. Because accredited
shipment has been maintained (i.e.,
slaughter; veterinarians have already entered into
nothing was removed from or added to
• § 93.436(b)(7) regarding bovines an agreement with APHIS to carry out
the shipment and the commodities have from Canada that are moved to a feedlot
not been tampered with). Therefore, it is functions in accordance with the
in the United States; and regulations, it is not necessary to require
necessary that the means of conveyance • § 93.436(b)(10) regarding bovines
be unsealed by an individual who has accredited veterinarians who wish to
from Canada that are moved from a designate an employee to break seals to
been properly trained regarding the feedlot in the United States to a
requirements for sealing and removing additionally enter into the agreement
recognized slaughtering establishment. described above.
the seals. In § 93.400, we are removing the
It has come to our attention that the We are adding a definition of area
definition of USDA representative and veterinarian in charge (AVIC) to mean
restrictions described above regarding adding a definition of authorized USDA the veterinary official of APHIS who is
who may break the official seals on a representative to mean an APHIS assigned by the Administrator to
means of conveyance carrying live Veterinary Services employee, a USDA supervise and perform the official
ruminants can, in some cases, create a Food Safety and Inspection Service animal health work of APHIS in the
situation that is not conducive to the inspector, a State representative, an State concerned.
humane treatment of livestock. Means of accredited veterinarian, or an employee
conveyance carrying livestock often of an accredited veterinarian, Sealing of Means of Conveyance
arrive at feedlots or at slaughtering slaughtering establishment, or feedlot In this interim rule, we are clarifying
establishments at night or on weekends, who is designated by the accredited the wording in §§ 93.419(d)(5) and
frequently when accredited veterinarian or management of the 93.436(b)(10) regarding who is
veterinarians or State or USDA slaughtering establishment or feedlot to authorized to apply official seals to
representatives are not present. Under perform the function involved. In the means of conveyance carrying
the regulations in place before this definition, we are also providing that, in ruminants of Canadian origin, in order
interim rule, such livestock needed to order to designate an employee to break to eliminate possible confusion from our
be held on the means of conveyance official seals, an accredited veterinarian using similar terms to mean different
until one of the authorized individuals or the management of a slaughtering things. In our January 2005 final rule,
became available. establishment or feedlot must first we indicated that the only individuals
We do not consider it necessary or supply in writing the name of the authorized to apply a U.S. Government
acceptable to require such extended designated individual to the APHIS area seal to a means of conveyance carrying
holding of the animals on the means of veterinarian in charge in the State where live ruminants from Canada from a
conveyance. To address this situation, the seals will be broken. Additionally, designated feedlot (§ 93.419(d)(5)
we are providing in this interim rule we are providing in the definition that regarding sheep and goats) or feedlot
that authorized USDA representatives the management of a slaughtering (§ 93.436(b)(10) regarding bovines) to a
may break the seals on the means of establishment or feedlot wishing to slaughtering establishment are
conveyance. Such individuals include designate an employee to break the seals accredited veterinarians, State
any of the following: An APHIS must enter into an agreement with representatives, and USDA
Veterinary Services employee, a USDA Veterinary Services in which the representatives. We defined USDA
Food Safety and Inspection Service management of the facility agrees that representative as a veterinarian or other
inspector, a State representative, an only designated individuals will break individual employed by USDA who is
accredited veterinarian, or an employee the seals, that the facility will contact an authorized to perform the services
of an accredited veterinarian, APHIS representative or USDA Food required by part 93. In practice, in the
slaughtering establishment, or feedlot Safety and Inspection Service inspector situations described in §§ 93.419(d)(5)
who is designated by the accredited immediately if the seals are not intact and 93.436(b)(10), a USDA
veterinarian or management of the when the means of conveyance arrives representative will be an APHIS official.
slaughtering establishment or feedlot to or if the animals being transported As noted above, in this interim rule,
unseal the means of conveyance. appear to be sick or injured due to we are using the term ‘‘authorized
To make this change in the transport conditions, and that the USDA representative’’ to indicate who
regulations, we are providing in each of facility will cooperate with APHIS must unseal means of conveyance at
the following paragraphs that the representatives, USDA Food Safety and feedlots and slaughtering
official seals on a means of conveyance Inspection Service inspectors, and State establishments. In order to avoid
must be broken only by an authorized representatives in maintaining records possible confusion between the use of
USDA representative: of sealed shipments received. similar terms with different meanings

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Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71215

(i.e., authorized USDA representative through the United States directly into Executive Order 12866 and Regulatory
with regard to who is allowed to a waiting means of conveyance for Flexibility Act
‘‘unseal’’ means of conveyance at delivery into Mexico. This rule has been reviewed under
feedlots and slaughtering establishments Such limited direct transloading, if Executive Order 12866. The rule has
and USDA representative with regard to carried out under Federal supervision, been determined to be not significant for
who is allowed to ‘‘seal’’ means of can be done with adequate assurance the purposes of Executive Order 12866
conveyance at feedlots), we are that all of the products are exported and, therefore, has not been reviewed by
specifying in §§ 93.419(d)(5) and from the United States. Therefore, we the Office of Management and Budget.
93.436(b)(10) that means of conveyance are amending the regulations in The Regulatory Flexibility Act
carrying live ruminants from a feedlot or §§ 94.18(d)(5) and in 95.4(h)(4) to allow requires agencies to evaluate the
designated feedlot to a slaughtering such direct transloading, provided it is potential effects of their proposed and
establishment must be sealed with seals carried out under the supervision of an final rules on small businesses, small
of the U.S. Government by an accredited authorized inspector (as defined in organizations, and small governmental
veterinarian, a State representative, or § 94.0) or an inspector (as defined in jurisdictions. We have prepared an
an APHIS representative. APHIS § 95.1). (Under the current regulations, initial regulatory flexibility analysis,
representative is defined in § 93.400 as authorized inspector is defined in which is set forth below.
a veterinarian or other individual § 94.0, and inspector is defined in This interim rule amends the
employed by APHIS, USDA, who is § 95.1, to mean any individual provisions that were established by our
authorized to perform the services authorized by the Administrator of January 2005 final rule regarding (1) the
required by part 93. APHIS or the Commissioner of Customs breaking of official seals on shipments
Transloading of Ruminant Products and Border Protection, Department of of ruminants from Canada, and (2) the
From Canada Being Transported Homeland Security, to enforce the transloading of ruminant products and
Through the United States for regulations of part 94 or part 95, byproducts transiting overland from
Immediate Export respectively. We are retaining those Canada to Mexico. As discussed above,
definitions in the regulations.) we are providing in this interim rule
Section 94.18 of the regulations
We are also providing in that the seals on means of conveyance
includes restrictions on the importation
of meat and edible products of §§ 94.18(d)(5) and 95.4(h)(4) that an moved from Canada either to a feedlot
ruminants due to BSE, and § 95.4 authorized inspector or an inspector or to a slaughtering establishment must
includes restrictions on the importation must break the seals of the national be broken by an authorized USDA
of animal byproducts due to BSE. government of the region of origin on representative, which can include an
Paragraph (d) of § 94.18 and paragraph the means of conveyance that carried APHIS Veterinary Services employee, a
(h) of § 95.4 include conditions the commodities into the United States USDA Food Safety and Inspection
governing the overland shipment and seal the means of conveyance that Service inspector, a State representative,
through the United States for immediate will carry the commodities out of the an accredited veterinarian, or an
export of products and byproducts that United States with seals of the U.S. employee of an accredited veterinarian
are derived from bovines, sheep, and Government. or employee of a slaughtering
goats in Canada and that are eligible for We are defining direct transloading in establishment or feedlot who is
entry into the United States. Among the §§ 94.0 and 95.1 to mean the transfer of designated by the accredited
provisions in §§ 94.18(d)(5) and cargo directly from one means of veterinarian or management of the
95.4(h)(4) governing such overland conveyance to another. Direct slaughtering establishment or feedlot to
transiting is a prohibition on the transloading does not include the perform the function involved.
transloading of these products while in removal of cargo from the first means of Regarding the overland transit of
the United States. By ‘‘transloading,’’ we conveyance for storage in the United commodities from Canada to Mexico,
mean the transfer in the United States States and subsequent reloading to a firms have historically often transloaded
of the cargo from the means of second means of conveyance. products in the United States at the
conveyance that carried it into the Immediate Action U.S.-Mexican border from the means of
United States to another means of conveyance that carried the products
conveyance, either directly from the Immediate action is warranted to through the United States directly into
first means of conveyance to another facilitate the humane treatment of a waiting means of conveyance for
means of conveyance or indirectly from livestock and to remove unnecessary delivery to Mexico. However, the final
the first means of conveyance to a hindrances to international trade. Under rule established a prohibition of the
storage area and then to a second means these circumstances, the Administrator transloading in the United States of
of conveyance. has determined that prior notice and Mexico-bound shipments of Canadian
In our final rule, we prohibited the opportunity for public comment are ruminant products and byproducts. This
transloading of bovine, sheep, and goat contrary to the public interest and that interim rule will allow, under Federal
products and byproducts transiting the there is good cause under 5 U.S.C. 553 supervision, the direct transloading at
United States from Canada in order to for making this action effective less than the U.S.-Mexican border of Canadian
ensure that such commodities are, in 30 days after publication in the Federal ruminant products and byproducts
fact, moved out of the country and are Register. destined for Mexico.
not diverted for use in the United States. We will consider comments we This rule corrects two unforeseen
It has come to our attention that, receive during the comment period for effects of the final rule by removing
historically, one of the standard this interim rule. (See DATES above.) unnecessary restrictions on (1) who is
industry practices for shipments After the comment period closes, we allowed to break official seals on
transiting overland from Canada to will publish another document in the shipments of Canadian ruminants
Mexico has been the transloading of Federal Register. The document will received at feedlots and at recognized
products in the United States at the include a discussion of any comments slaughtering facilities, and (2) the transit
U.S.-Mexican border from the means of we receive and any amendments we are shipment through the United States of
conveyance that carried the products making to the rule. Canadian ruminant products and

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71216 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations

byproducts destined for Mexico. The receipts well below the small-entity We plan to request continuation of
Animal Health Protection Act (7 U.S.C. threshold. that approval for 3 years. Please send
8301–8317) provides the basis for the We do not know the number of written comments on the 3-year
rule. feedlots or slaughtering establishments approval request to the following
Entities that will be directly affected that will receive Canadian ruminants, addresses: (1) Office of Information and
by the interim rule are feedlots and nor do we know the number of trucking Regulatory Affairs, OMB, Attention:
recognized slaughtering facilities that firms that will transload Canadian Desk Officer for APHIS, Washington, DC
receive ruminants from Canada, and ruminant products or byproducts at the 20503; and (2) Docket No. 03–080–8,
firms that provide for the overland U.S.-Mexican border. Most of the Regulatory Analysis and Development,
transit of Canadian ruminant products affected businesses are likely small PPD, APHIS, Station 3A–03.8, 4700
and byproducts to Mexico. These entities, and they are expected to benefit River Road, Unit 118, Riverdale, MD
industries are predominantly composed from the interim rule’s lessening of 20737–1238. Please state that your
of small entities, as described below. regulatory restrictions. APHIS welcomes comments refer to Docket No. 03–080–
A feedlot is considered to be a small information that the public may provide 8 and send your comments within 60
entity by the Small Business regarding the number of small entities to days of publication of this rule.
Administration (SBA) if its annual which the interim rule will apply. This interim rule amends the
receipts total no more than $1.5 million. For feedlots and recognized regulations governing the importation of
In 2004, 88,000 of the 90,176 feedlots in slaughtering facilities receiving ruminants into the United States to
the United States (97 percent) had Canadian ruminants, the interim rule broaden who is authorized to break
capacities of less than 1,000 head.1 The allows certain personnel designated by seals on means of conveyances carrying
average annual number of cattle an accredited veterinarian or the certain ruminants of Canadian origin.
marketed by these feedlots of smaller facilities’ managers to unseal the means We are providing that individuals
capacity was fewer than 44 head.2 Based of conveyance and unload the animals. authorized to break the seals on the
on a market price per fed animal of The requirements that the names of means of conveyance can, in addition to
$84.75 per hundredweight (100 pounds) such designated employees first be a USDA employee (of APHIS Veterinary
and a slaughter weight of 1,250 pounds, submitted by the accredited Services or a Food Safety and Inspection
annual receipts for the 97 percent of veterinarians or facility managers and Service inspector), include any of the
U.S. feedlots that have capacities of less that feedlots and slaughtering following: A State representative, an
than 1,000 head average about $46,600.3 establishments enter into an agreement accredited veterinarian, or an employee
Clearly, most feedlot operations are with APHIS are addressed below under of an accredited veterinarian,
small entities. the heading ‘‘Paperwork Reduction slaughtering establishment, or feedlot
In 2002, there were a total of 1,869 Act.’’ who is designated by the accredited
animal slaughtering establishments in There are no significant alternatives to veterinarian or management of the
the United States, excluding this rule that would accomplish the slaughtering establishment or feedlot to
establishments for poultry. Ninety-six stated objectives. Without the interim unseal the means of conveyance. If an
percent of them (1,796) employed not rule, affected small entities would accredited veterinarian or the
more than 500 employees and, continue to be unnecessarily burdened management of a feedlot or slaughtering
therefore, are considered small by SBA by (1) costly off-loading delays that establishment designates an employee
endanger the welfare of Canadian to break the seals, the accredited
standards.4
ruminants moved to U.S. feedlots and veterinarian or management of the
The SBA considers a firm engaged in
recognized slaughtering facilities, and facility must supply the name of the
long-distance livestock trucking to be
(2) unnecessary inefficiencies at the designated employee to the APHIS area
small if its annual receipts are not more
U.S.-Mexican border in the overland veterinarian in charge. Additionally, the
than $21.5 million. In 2002, the average
transit of Canadian ruminant products management of a slaughtering
payroll of establishments engaged in
and byproducts destined for Mexico. establishment or feedlot must enter into
long-distance specialized freight
an agreement with Veterinary Services
trucking was less than $421,000, and the Executive Order 12988 in which the management of the facility
average number of employees per This rule has been reviewed under agrees that only designated individuals
establishment was fewer than 12 Executive Order 12988, Civil Justice will break the seals, that the facility will
people.5 Based on these payroll and Reform. This rule: (1) Preempts all State contact an APHIS representative or
employee averages, we expect that most and local laws and regulations that are USDA Food Safety and Inspection
firms engaged in long-distance trucking inconsistent with this rule; (2) has no Service inspector immediately if the
firms—including enterprises that retroactive effect; and (3) does not seals are not intact when the means of
transport livestock—earn annual require administrative proceedings conveyance arrives or if the animals
1 USDA NASS. ‘‘Cattle on Feed’’ (February 18,
before parties may file suit in court being transported appear to be sick or
2005). North American Industry Classification
challenging this rule. injured due to transport conditions, and
System (NAICS) code 112112, Cattle Feedlots. that the facility will cooperate with
Paperwork Reduction Act
2 Ibid. APHIS representatives, USDA Food
3 $84.75 per cwt was the 2004 annual price for In accordance with section 3507(j) of Safety and Inspection Service
choice steers in Nebraska, as reported in USDA the Paperwork Reduction Act of 1995 inspectors, and State representatives in
‘‘Livestock, Dairy, and Poultry Outlook,’’ LDP–M– (44 U.S.C. 3501 et seq.), the information maintaining records of sealed shipments
134, August 18, 2005. $84.75 per cwt × 12.5 cwt per
head marketed × 44 head marketed per feedlot =
collection and recordkeeping received. We are soliciting comments
$46,612.50 per feedlot. requirements included in this interim from the public ( as well as affected
4 U.S. Census Bureau, 2002 Economic Census. rule have been submitted for emergency agencies) concerning this information
NAICS code 311611, Animal (except Poultry) approval to the Office of Management collection requirement. These
Slaughtering. and Budget (OMB). OMB has assigned
5 U.S. Census Bureau, 2002 CBP United States
comments will help us:
Economic Profiles. NAICS code 484230, Specialized
control number 0579–0277 to the (1) Evaluate whether the information
Freight (except Used Goods) Trucking, Long- information collection and collection is necessary for the proper
Distance. recordkeeping requirements. performance of our agency’s functions,

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Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71217

including whether the information will and poultry products, Reporting and conveyance arrives or if the animals
have practical utility; recordkeeping requirements. being transported appear to be sick or
(2) Evaluate the accuracy of our injured due to transport conditions, and
estimate of the burden of the 9 CFR Part 95
that the facility will cooperate with
information collection, including the Animal feeds, Hay, Imports, APHIS representatives, USDA Food
validity of the methodology and Livestock, Reporting and recordkeeping Safety and Inspection Service
assumptions used; requirements, Straw, Transportation. inspectors, and State representatives in
(3) Enhance the quality, utility, and ■ Accordingly, we are amending 9 CFR maintaining records of sealed shipments
clarity of the information to be parts 93, 94, and 95 as follows: received.
collected; and * * * * *
(4) Minimize the burden of the PART 93—IMPORTATION OF CERTAIN
information collection on those who are ■ 3. In § 93.419, in paragraph (d)(4), the
ANIMALS, BIRDS, AND POULTRY, first sentence, the words ‘‘accredited
to respond (such as through the use of AND CERTAIN ANIMAL, BIRD, AND
appropriate automated, electronic, veterinarian or a State or USDA
POULTRY PRODUCTS; representative or his or her designee’’
mechanical, or other technological REQUIREMENTS FOR MEANS OF
collection techniques or other forms of are removed and the words ‘‘authorized
CONVEYANCE AND SHIPPING USDA representative’’ are added in their
information technology; e.g., permitting CONTAINERS
electronic submission of responses). place, and paragraph (d)(5) and the
Estimate of burden: Public reporting ■ 1. The authority citation for part 93 parenthetical reference to the Office of
burden for this collection of information continues to read as follows: Management and Budget paperwork
is estimated to average 0.25 hours per approval at the end of the section are
Authority: 7 U.S.C. 1622 and 8301–8317;
response. 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 revised to read as follows:
Respondents: Accredited CFR 2.22, 2.80, and 371.4. § 93.419 Sheep and goats from Canada.
veterinarians, feedlot managers, and
slaughter facility managers. ■ 2. Section 93.400 is amended by * * * * *
Estimated annual number of removing the definition of USDA (d) * * *
respondents: 900. representative and adding definitions of (5) The animals must remain at the
Estimated annual number of area veterinarian in charge and designated feedlot until transported to a
responses per respondent: 12. authorized USDA representative in recognized slaughtering establishment.
Estimated annual number of alphabetical order to read as follows: The animals must be moved directly to
responses: 10,800. the recognized slaughtering
§ 93.400 Definitions. establishment in a means of conveyance
Estimated total annual burden on
respondents: 2,700 hours. (Due to * * * * * sealed with seals of the U.S.
averaging, the total annual burden hours Area veterinarian in charge (AVIC). Government by an accredited
may not equal the product of the annual The veterinary official of APHIS who is veterinarian, a State representative, or
number of responses multiplied by the assigned by the Administrator to an APHIS representative. The seals must
reporting burden per response.) supervise and perform the official be broken at the recognized slaughtering
Copies of this information collection animal health work of APHIS in the establishment only by an authorized
can be obtained from Mrs. Celeste State concerned. USDA representative;
Sickles, APHIS’ Information Collection * * * * * * * * * *
Coordinator, at (301) 734–7477. Authorized USDA representative. An (Approved by the Office of Management and
APHIS Veterinary Services employee, a Budget under control numbers 0579–0040,
Government Paperwork Elimination
USDA Food Safety and Inspection 0579–0234, and 0579–0277)
Act Compliance
Service inspector, a State representative,
The Animal and Plant Health § 93.420 [Amended]
an accredited veterinarian, or an
Inspection Service is committed to employee of an accredited veterinarian, ■ 4. In § 93.420, paragraph (a), the
compliance with the Government slaughtering establishment, or feedlot second sentence, the words ‘‘accredited
Paperwork Elimination Act (GPEA), who is designated by the accredited veterinarian or a State or USDA
which requires Government agencies in veterinarian or management of the representative or his or her designee’’
general to provide the public the option slaughtering establishment or feedlot to are removed and the words ‘‘authorized
of submitting information or transacting perform the function involved. In order USDA representative’’ are added in their
business electronically to the maximum to designate an employee to break place, and a reference to the Office of
extent possible. For information official seals, an accredited veterinarian Management and Budget paperwork
pertinent to GPEA compliance related to or the management of a slaughtering approval is added at the end of the
this interim rule, please contact Mrs. establishment or feedlot must first section to read ‘‘(Approved by the Office
Celeste Sickles, APHIS’ Information supply in writing the name of the of Management and Budget under
Collection Coordinator, at (301) 734– designated individual to the APHIS control number 0579–0277)’’.
7477. AVIC in the State where the seals will ■ 5. Section 93.436 is amended as
List of Subjects be broken. Additionally, the follows:
management of a slaughtering ■ a. In paragraph (a)(4), the second
9 CFR Part 93 establishment or feedlot must enter into sentence, the words ‘‘a USDA
Animal diseases, Imports, Livestock, an agreement with Veterinary Services representative’’ are removed and the
Poultry and poultry products, in which the management of the facility words ‘‘an authorized USDA
Quarantine, Reporting and agrees that only designated individuals representative’’ are added in their place.
recordkeeping requirements. will break the seals, that the facility will ■ b. In paragraph (b)(7), the first
contact an APHIS representative or sentence, the words ‘‘accredited
9 CFR Part 94 USDA Food Safety and Inspection veterinarian or a State or USDA
Animal diseases, Imports, Livestock, Service inspector immediately if the representative or his or her designee’’
Meat and meat products, Milk, Poultry seals are not intact when the means of are removed and the words ‘‘authorized

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71218 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations

USDA representative’’ are added in their United States with seals of the U.S. FEDERAL RESERVE SYSTEM
place. Government;
■ c. Paragraph (b)(10) is revised to read * * * * * 12 CFR Parts 210 and 229
as follows: [Regulations J and CC; Docket No. R–1226]
PART 95—SANITARY CONTROL OF
§ 93.436 Ruminants from regions of Collection of Checks and Other Items
minimal risk for BSE.
ANIMAL BYPRODUCTS (EXCEPT
CASINGS), AND HAY AND STRAW, by Federal Reserve Banks and Funds
* * * * * OFFERED FOR ENTRY INTO THE Transfers Through Fedwire and
(b) * * * UNITED STATES Availability of Funds and Collection of
(10) The bovines must be moved Checks
directly from the feedlot identified on ■ 9. The authority citation for part 95 AGENCY: Board of Governors of the
APHIS Form VS 17–130 to a recognized continues to read as follows: Federal Reserve System.
slaughtering establishment in
Authority: 7 U.S.C. 8301–8317; 21 U.S.C. ACTION: Final rule.
conveyances that must be sealed at the
feedlot with seals of the U.S. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22,
SUMMARY: The Board of Governors is
Government by an accredited 2.80, and 371.4.
adopting a final rule amending
veterinarian, a State representative, or ■ 10. Section 95.1 is amended by adding Regulation CC to define ‘‘remotely
an APHIS official. The seals may be a definition of direct transloading, in created checks’’ and to create transfer
broken at the recognized slaughtering alphabetical order, to read as follows: and presentment warranties for such
establishment only by an authorized checks. The purpose of the amendments
USDA representative; § 95.1 Definitions.
is to shift liability for unauthorized
* * * * * * * * * * remotely created checks to the
Direct transloading. The transfer of depositary bank, which is generally the
PART 94—RINDERPEST, FOOT-AND- cargo directly from one means of bank for the person that initially created
MOUTH DISEASE, FOWL PEST (FOWL conveyance to another. and deposited the remotely created
PLAGUE), EXOTIC NEWCASTLE check. The Board is also adopting
DISEASE, AFRICAN SWINE FEVER, * * * * *
conforming cross-references to the new
CLASSICAL SWINE FEVER, AND ■ 11. Section 95.4 is amended by warranties in Regulation J.
BOVINE SPONGIFORM revising paragraph (h)(4)(ii) to read as EFFECTIVE DATE: July 1, 2006.
ENCEPHALOPATHY: PROHIBITED follows: FOR FURTHER INFORMATION CONTACT:
AND RESTRICTED IMPORTATIONS Adrianne G. Threatt, Counsel (202–452–
§ 95.4 Restrictions on the importation of
3554), or Joshua H. Kaplan, Attorney,
■ 6. The authority citation for part 94 processed animal protein, offal, tankage,
(202–452–2249), Legal Division; or Jack
continues to read as follows: fat, glands, certain tallow other than tallow
derivatives, and serum due to bovine K. Walton, II, Associate Director (202–
Authority: 7 U.S.C. 450, 7701–7772, 7781– 452–2660), or Joseph P. Baressi, Senior
spongiform encephalopathy.
7786, and 8301–8317; 21 U.S.C. 136 and Financial Services Analyst (202–452–
136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and * * * * * 3959), Division of Reserve Bank
4332; 7 CFR 2.22, 2.80, and 371.4. (h) * * * Operations and Payment Systems; for
■ 7. Section 94.0 is amended by adding (4) * * * users of Telecommunication Devices for
a definition of direct transloading, in the Deaf (TDD) only, contact 202–263–
alphabetical order, to read as follows: (ii) The commodities are not 4869.
transloaded while in the United States,
SUPPLEMENTARY INFORMATION:
§ 94.0 Definitions. except for direct transloading under the
* * * * * supervision of an inspector, who must Background
Direct transloading. The transfer of break the seals of the national Existing Law and the Board’s Proposed
cargo directly from one means of government of the region of origin on Rule
conveyance to another. the means of conveyance that carried
the commodities into the United States ‘‘Remotely created checks’’ typically
* * * * * are created when the holder of a
and seal the means of conveyance that
■ 8. In § 94.18, paragraph (d)(5)(ii) is checking account authorizes a payee to
will carry the commodities out of the
revised to read as follows: draw a check on that account but does
United States with seals of the U.S.
not actually sign the check.1 In place of
§ 94.18 Restrictions on importation of Government; the signature of the account-holder, the
meat and edible products from ruminants * * * * *
due to bovine spongiform encephalopathy.
remotely created check generally bears a
Done in Washington, DC, this 21st day of statement that the customer authorized
* * * * * the check or bears the customer’s
November 2005.
(d) * * * printed or typed name. Remotely
Elizabeth E. Gaston,
(5) * * * created checks can be useful payment
Acting Administrator, Animal and Plant
(ii) The commodities may not be devices. For example, a debtor can
Health Inspection Service.
transloaded while in the United States, authorize a credit card company to
[FR Doc. 05–23334 Filed 11–25–05; 8:45 am] create a remotely created check by
except for direct transloading under the
supervision of an authorized inspector, BILLING CODE 3410–34–P telephone, which may enable the debtor
who must break the seals of the national to pay his credit card bill in a timely
government of the region of origin on
1 There is no commonly accepted term for these
the means of conveyance that carried
items. The terms ‘‘remotely created check,’’
the commodities into the United States ‘‘telecheck,’’ ‘‘preauthorized drafts,’’ and ‘‘paper
and seal the means of conveyance that draft’’ are among the terms that describe these
will carry the commodities out of the items.

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