Number range CHAPTER For questions about this docket, please contact Dan
Kaczmarski at daniel.p.kaczmarski@aphis.usda.gov or 301-735-5959

BILLING CODE: 3410-34-P

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: Final rule.

SUMMARY: We are amending the regulations regarding the importation of
animals and animal products to remove several restrictions regarding the
identification of animals and the processing of ruminant materials from
regions that present a minimal risk of introducing bovine spongiform
encephalopathy into the United States. We are removing these
restrictions because they are not necessary to prevent the introduction
of bovine spongiform encephalopathy into the United States.

EFFECTIVE DATE: \[[Insert date 30 days after date of publication in the
Federal Register]{.underline}\].

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 Dr. 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

The Animal and Plant Health Inspection Service (APHIS) of the United
States Department of Agriculture regulates the importation of animals
and animal products into the United States to guard against the
introduction of animal diseases not currently present or prevalent in
this country. The regulations in 9 CFR parts 93, 94, and 95 prohibit or
restrict the importation into the United States of specified animals and
animal products to prevent the introduction into the United States of
various animal diseases, including bovine spongiform encephalopathy
(BSE).

In a final rule published in the [Federal]{.underline}
[Register]{.underline} 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 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]{.underline}
[Register]{.underline} 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 provisions 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]{.underline}
[Register]{.underline} 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.

On August 9, 2006, we published in the [Federal]{.underline}
[Register]{.underline} a proposed rule (71 FR 45439-45444, Docket No.
APHIS-2006-0026) to amend the regulations in 9 CFR parts 93, 94, and 95
to remove several restrictions regarding the identification of ruminants
and the processing of ruminant materials from BSE minimal-risk regions,
as well as BSE-based restrictions on gelatin derived from bovine hides.

We solicited comments concerning our August 2006 proposed rule (referred
to below as the "proposed rule") for 60 days ending October 10, 2006. In
a document published in the [Federal]{.underline} [Register]{.underline}
on November 9, 2006 (71 FR 65758-65759, Docket No. APHIS-2006-0026), we
reopened and extended the deadline for comments until November 24, 2006.
We received 10 comments by that date. They were from organizations
representing U.S. producers of livestock and livestock products,
renderers, and other members of the public. The comments dealt with live
animals as well as animal products. We discuss the comments below by
topic.

Identification of Live Ruminants Exported to the United States from BSE
Minimal-Risk Regions

One of the changes to the regulations we proposed was to broaden the
options of acceptable forms of individual identification of bovines,
sheep, and goats exported to the United States from BSE minimal-risk
regions (currently only Canada). Under the current regulations in §
93.436, live bovines imported from a BSE minimal-risk region must be
individually identified by means of an official eartag of the country of
origin. The eartag must be determined by the APHIS 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 premises of
origin. There is a similar requirement for sheep and goats in § 93.419.
However, because § 93.419 refers specifically to sheep and goats from
Canada, that section requires that sheep and goats from Canada be
individually identified by an official Canadian Food Inspection Agency
eartag.

In our proposed rule, we proposed to allow for means of individual
identification other than eartags for the imported bovines, sheep, and
goats. We proposed to provide that the animals must be officially
identified with individual identification before the animals' arrival at
the port of entry into the United States. We proposed to define
[officially identified]{.underline} to mean "individually identified by
means of an official identification device or method." In § 93.400 of
the current regulations, [official identification device or
method]{.underline} is 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 proposed to add a
sentence at the end of that 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.

Several commenters expressed concern that our proposed change regarding
animal identification would unacceptably hinder the ability to conduct
rapid traceback of cattle to their herd of origin in the event BSE is
diagnosed in an animal imported from a BSE minimal-risk region. One of
the commenters recommended that the identification requirements in the
current regulations be retained. Another commenter recommended that the
regulations explicitly require that all cattle from a BSE minimal-risk
region be individually identified with a device or method that is
visible and readable and that includes a unique animal identification
number that enables traceback to the herd of origin.

We agree with the commenters that the individual identification of
cattle--and sheep and goats--imported from a BSE minimal-risk region
must be unique to individual animals and allow for rapid traceback of an
animal to its herd of origin. The intent of the change we proposed was
not to remove that requirement from the regulations, but simply to
allow, in addition to eartags, other forms of individual identification
that meet those criteria. That is the reason we proposed to provide in
the definition of [official identification device or method]{.underline}
that the identification used must have been approved by the
Administrator for that type of import before the animal is exported to
the United States.

To ensure that there is no misunderstanding of our intent, in this final
rule we are specifying in § 93.436(a)(3) and (b)(4) that, before arrival
at the port of entry into the United States, each bovine imported into
the United States from a BSE minimal-risk region must be officially
identified with unique individual identification that is traceable to
the premises of origin of the animal. In § 93.419©), we are including a
like identification requirement for sheep and goats imported from
Canada.

In addition to addressing the issue of the types of allowable individual
identification, two commenters expressed support for identification
provisions of the current regulations that we did not propose to change.
These are: (1) The provision that 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; and (2) the
requirement that cattle imported from a BSE minimal-risk region for
other than immediate slaughter be identified, before export to the
United States, with a permanent mark that indicates the country of
origin.

Gelatin

In § 94.19(f)(2) of our proposed rule, we proposed to allow the
importation into the United States of gelatin derived from the hides of
bovines from BSE minimal-risk regions, provided the gelatin has not been
commingled with materials ineligible for entry into the United States.
Currently, gelatin imported into the Unites States from a BSE
minimal-risk region must either (1) be 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 and small intestine were removed
(§ 94.19(f)), or (2) be imported for use in human food, human
pharmaceutical products, photography, or some other use that will not
result in the gelatin coming into contact with ruminants in the United
States

(§ 94.18©)).

A number of commenters supported allowing the importation of gelatin
derived from the hides of bovines from BSE minimal-risk regions.

One commenter stated that it does not make sense to allow the
importation of gelatin derived from hides of bovines from BSE
minimal-risk regions at the same time the regulations restrict the
importation of gelatin derived from bones. We disagree that it does not
make sense to allow the importation of gelatin derived from hides.
Bovine hides have not demonstrated BSE infectivity, even in infected
animals, and the safety of bovine hides with regard to BSE is recognized
internationally. The World Organization of Animal Health (commonly
referred to as the OIE) supported that conclusion in its recommendation
that gelatin derived exclusively from the hides of bovines not be
subject to import restrictions (OIE Terrestrial Animal Health Code (the
Code), 2006, Article 2.3.13.1). The European Commission Scientific
Steering Committee reached a similar conclusion regarding the lack of
BSE infectivity in hide-derived gelatin, provided contamination with
potentially infected materials is avoided (European Commission's Updated
Opinion on the Safety with Regard to TSE Risk of Gelatine Derived from
Ruminant Bones or Hides, December 2002).

In contrast, gelatin derived from the bones of bovines from BSE
minimal-risk regions can pose a risk of infectivity unless the risk
mitigation measures in §§ 94.18©) and 94.19(f), described above, are
taken. The higher BSE risk of bone-derived gelatin is recognized
internationally. The OIE Code contains BSE risk mitigation guidelines
for gelatin derived from bovines (Article 2.3.14). The European
Commission Scientific Steering Committee concluded in its Updated
Opinion that "the risk of transmissible spongiform infectivity is much
higher with bones, as compared to hides."

Therefore, we are making no changes based on this comment.

Processing of Non-Ruminant Material in BSE Minimal-Risk Regions

The current regulations in § 95.4©) allow the importation of certain
materials derived from nonruminants from BSE minimal-risk regions only
if 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
§ 94.18(a) of the regulations. The regions listed in § 94.18(a) include
BSE minimal-risk regions, as well as regions in which BSE exists and
regions that present an undue risk of introducing BSE into the United
States.

In our proposed rule, we proposed to amend § 95.4©) so that nonruminant
materials processed or stored in BSE minimal-risk regions would no
longer need to be processed or stored

in facilities separate from those used to process or store materials
derived from ruminants from BSE minimal-risk regions.

Several commenters supported the proposed change to § 95.4©).

One commenter stated that our intent regarding the proposed change to §
94.5©) was not easily understandable from the wording we used in the
regulatory text of the proposed rule. In

§ 95.4(c)(2) and (3) of the proposed rule, we made reference to regions
listed in § 94.18(a)(1), (a)(2), and (a)(3). Those paragraphs list the
following types of regions: § 94.18(a)(1) lists regions in which BSE
exists; § 94.18(a)(2) lists regions that, because of import requirements
less restrictive than those that would be acceptable for import into the
United States and/or because of inadequate surveillance, present an
undue risk of introducing BSE into the United States; and § 94.18(a)(3)
lists BSE minimal-risk regions (currently only Canada). The commenter
stated that the regulations would be clearer if, when referring to §
94.18(a)(1), (a)(2), and (a)(3), we also indicated the BSE category of
regions listed in those paragraphs.

Because in § 95.4©) as proposed we reference paragraphs that contain
lists that can be easily described, we agree it would be useful to the
reader if those references included a description of the content of each
of those paragraphs. Therefore, we are including such descriptions in §
95.4(c)(2) and (3) of this rule.

Tallow

One commenter addressed the current provisions in § 95.4(f) regarding
the importation of tallow. The commenter stated that APHIS should follow
the OIE guideline of allowing the importation from BSE minimal-risk
regions of tallow with no more than 0.15 percent impurities.

We did not propose to make any changes to the regulations regarding the
importation of tallow from BSE minimal-risk regions. However, the
commenter is correct that the wording in

§ 95.4(f) regarding tallow differs from the OIE guidelines in one
respect. One of the criteria in

§ 95.4(f) for the importation of tallow derived from bovines from BSE
minimal-risk regions is that the tallow be composed of less than 0.15
percent insoluble impurities. This differs slightly from the OIE
guidelines, which recommend allowing the importation of tallow with a
maximum level of insoluble impurities of 0.15 percent in weight.

The intent of our January 2005 final rule, as indicated on page 501 of
the preamble to that rule, was to allow the importation of tallow
composed of a maximum level of insoluble impurities of 0.15 percent in
weight. However, the amendatory text of that rule incorrectly used the
phrase "less than 0.15 percent." Therefore, to make the wording of the
regulations consistent with our stated intent, in this rule we are
amending § 95.4(f)(2) to require that bovine-derived tallow imported
from a BSE minimal-risk region be composed of a maximum level of
insoluble impurities of 0.15 percent in weight.

Other Comments

In § 94.19(f)(1) of our proposed rule, we proposed to specify as one of
the conditions for the importation of gelatin derived from the bones of
bovines from BSE minimal-risk regions that the gelatin not have been
commingled with materials ineligible for entry into the United States.
Other than that, we did not propose to change the provisions in §
94.19(f) regarding gelatin derived from bones. One commenter, however,
objected to the current regulations that allow the importation of
bone-derived gelatin from BSE minimal-risk regions (currently only
Canada). The commenter contended that the current regulations are
erroneously based on the determination that Canada is a BSE minimal-risk
region, and that Canada should instead be considered a country of
undetermined BSE risk according to OIE recommendations.

For similar reasons, a commenter opposed our proposal to no longer
require that nonruminant materials processed or stored in BSE
minimal-risk regions be processed or stored in facilities separate from
those used to process or store materials derived from ruminants from BSE
minimal-risk regions. The commenter expressed concern regarding what the
commenter termed the "undetermined prevalence" of BSE in Canada and the
detection of BSE in cows that were born after Canada implemented its
feed ban. The commenter stated that APHIS should reconsider the proposed
change on the basis that BSE infectivity is known to have circulated in
Canada as recently as 2002.

We are making no changes based on these comments. APHIS recognized
Canada as a BSE minimal-risk region in our January 2005 final rule that
was published following notice-and-comment rulemaking. We did not
propose to revisit that determination in our August 2006 proposed rule
and do not consider such a change to the BSE risk status of Canada to be
scientifically supportable or appropriate. One of the conditions for
being recognized by APHIS as a BSE minimal-risk region is that the
region have in place and maintain risk mitigation measures adequate to
prevent widespread exposure and/or establishment of the disease. In
classifying Canada as a BSE minimal-risk region in our January 2005
final rule, we determined that such mitigation measures are in place and
are maintained in Canada. In support of a proposed rule we published in
the [Federal]{.underline} [Register]{.underline} on January 9, 2007 (72
FR 1102-1129, Docket No. APHIS-2006-0041), to expand the list of bovines
and bovine products allowed importation from BSE minimal-risk regions,
we made a quantitative estimate of the prevalence of BSE among Canadian
cattle, using data available to us through August 15, 2006. Our

estimate indicates a very low level of BSE prevalence in Canada (6.8
animals per every 10 million adult cattle).[^1]

We do not consider the diagnosis of BSE in several cows born after the
establishment of the Canadian feed ban to be unexpected. Experience
worldwide has demonstrated that, even in countries with an effective
feed ban in place, BSE has occurred in cattle born after a feed ban was
implemented. No regulatory effort can ensure 100 percent compliance.
Isolated incidents, such as feed made from nonprohibited material being
contaminated with prohibited material during processing, can occur due
to human error. However, such isolated incidents are not
epidemiologically significant and do not contribute to further spread of
BSE, especially when considered in light of the entire risk pathway and
its attendant risk mitigations.

One commenter made the general request that APHIS delete from the
regulations the provisions regarding imports from BSE minimal-risk
regions until further research and surveillance is done regarding all
transmissible spongiform encephalopathies. The commenter did not address
any specific provision of our proposal, and we are making no changes
based on the comment.

One commenter requested that APHIS not require that products imported
from a BSE minimal-risk region under the provisions of § 95.4 be
accompanied by original signed certification, provided certain specified
risk mitigation measures are in place. We consider the issue raised by
the commenter to be outside the scope of the proposed rule, and are
making no changes based on the comment. However, we will take the
commenter's request into consideration in assessing the need for future
rulemaking.

Several commenters expressed general opposition to the importation of
ruminants from Canada, but did not specifically address provisions of
the proposed rule. We are making no changes based on those comments.

Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.

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 \[CHANGE WORDING IF OMB DESIGNATES
IT "SIGNIFICANT."\] 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 a final 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 that category. We also established conditions for the
importation of certain live ruminants and ruminant products and
byproducts from such regions.

In this rule, we are removing certain restrictions on imports from BSE
minimal-risk regions that concern animal identification, the derivation
of bovine gelatin, and the processing of ruminant and nonruminant
materials. We have determined these restrictions are not 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 allowing unique
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 and the
identification is traceable to the premises of origin of the animal.

Instead of limiting the importation of bovine-derived gelatin from BSE
minimal-risk regions to gelatin derived from bones, we are allowing the
importation of hide-derived gelatin, provided certain conditions are
met.

We are also allowing 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]{.underline}

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, as long
as the chosen device or method has been approved by the APHIS
Administrator before the animal is exported to the United States. The
unique individual identification must be traceable to the premises of
origin of the animal (as is required of the eartags currently used), a
disease control measure that will benefit all U.S. cattle producers, the
majority of which are small entities.

[Hide-Derived Gelatin]{.underline}

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 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. In the initial regulatory
flexibility analysis we conducted for our August 2006 proposed rule, we
requested information that would allow us to better understand the
number and size of entities that might be affected by allowing
hide-derived bovine gelatin to be imported from BSE minimal-risk regions
(currently only Canada), but we received no information of this type.

[Nonruminant Material]{.underline}

This amendment removes 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 results 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 might result from this rule, nor do we know
the number or size of U.S. entities that will be affected. In our
initial regulatory flexibility analysis, we requested information from
the public regarding the number of small entities that might be affected
and the likely magnitude of the effect, but we received no information
of this type.

We do not foresee any significant economic effects on small entities
because of this rule. There are no significant alternatives to this rule
that would accomplish the stated objectives. Without the rule,
unnecessary restrictions on certain exports to the United States from
BSE minimal-risk regions will continue. With the rule, animal exporters
in BSE minimal-risk regions will have the option of individually
identifying bovines, sheep, and goats being exported to the United
States by means other than eartags; U.S. entities will be allowed to
import hide-derived, in addition to bone-derived, gelatin from BSE
minimal-risk regions; and ruminant and nonruminant materials that are
processed in the same facility in a BSE minimal-risk region will be
allowed to be exported to the United States.

Executive Order 12988

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

Paperwork Reduction Act

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

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 amending 9 CFR parts 93, 94, and 95 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN
ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE
AND SHIPPING CONTAINERS

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.

2\. Section 93.400 is amended by revising the definition of [official
identification device or method]{.underline} and adding a definition of
[officially identified,]{.underline} in alphabetical order, to read as
follows:

§ 93.400 [Definitions]{.underline}.

\* \* \* \* \*

[Official identification device or method]{.underline}. 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.
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]{.underline}. Individually identified by means of
an official identification device or method.

\* \* \* \* \*

§ 93.405 \[[Amended]{.underline}\]

3\. In § 93.405, paragraph (a)(4) is amended by removing the word
"eartag" and adding in its place the words "official identification."

4\. Section 93.419 is amended by revising paragraph ©), introductory
text, and paragraphs (d)(2), (d)(5), (d)(7)(I), and (d)(7)(iii) to read
as follows:

§ 93.419 [Sheep and goats from Canada]{.underline}.

\* \* \* \* \*

©) 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, before the animal's arrival at
the port of entry into the United States, must be officially identified
with unique individual identification that is 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. The
animals must be accompanied by the certification issued in accordance
with § 93.405 that states, in addition to the statements required by §
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 ©) 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 ©) 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 is amended as follows:

a\. Paragraphs (a)(3) and (b)(4) are revised to read as set forth below.

b\. In paragraphs (b)(8) and (b)(11), the word "eartag" is removed and
the words "official identification" are added in its place.

§ 93.436 [Ruminants from regions of minimal risk for BSE]{.underline}.

\* \* \* \* \*

\(a\) \* \* \*

\(3\) Before the animal's arrival at the port of entry into the United
States, each bovine imported into the United States from a BSE
minimal-risk region must be officially identified with unique individual
identification that is 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 slaughter;

\* \* \* \* \*

\(b\) \* \* \*

\(4\) Before the animal's arrival at the port of entry into the United
States, each bovine imported into the United States from a BSE
minimal-risk region must be officially identified with unique individual
identification that is 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 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 continues to read as follows:

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

7\. In § 94.19, paragraph (f) is revised to read as follows:

§ 94.19 [Restrictions on importation from BSE minimal-risk regions of
meat and edible products from ruminants]{.underline}.

\* \* \* \* \*

\(f\) [Gelatin other than that allowed importation under §
94.18©)]{.underline}. 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.

\* \* \* \* \*

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 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.

9\. Section 95.4 is amended as follows:

a\. Paragraph (c)(2) is revised to read as set forth below.

b\. Paragraphs (c)(3) through (c)(7) are redesignated as paragraphs
(c)(4) through (c)(8), respectively.

c\. A new paragraph (c)(3) is added to read as set forth below.

d\. Newly redesignated paragraph (c)(7) is revised to read as set forth
below.

e\. Paragraph (f)(2) is revised to read as set forth below.

§ 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]{.underline}.

©) \* \* \*

\(2\) In regions listed in § 94.18(a)(1) or (a)(2) of this subchapter as
regions in which BSE exists or that present an undue risk of introducing
BSE into the United States, 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 § 94.18(a) of this subchapter.

\(3\) In regions listed in § 94.18(a)(3) of this subchapter as BSE
minimal-risk regions, 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 § 94.18(a)(1) or (a)(2) of this subchapter as a region
in which BSE exists or a region that presents an undue risk of
introducing BSE into the United States.

\* \* \* \* \*

\(7\) 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]{.underline}, for shipments of
animal feed from a region listed in § 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.

\* \* \* \* \*

\(f\) \* \* \*

\(2\) The tallow is composed of a maximum level of insoluble impurities
of 0.15 percent in weight;

\* \* \* \* \*

Done in Washington, DC, this \_\_\_\_\_\_\_ of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ .

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[RAD: CHANGE SIGNATURE LINE IF SIGNIFICANT\]

Administrator, Animal and Plant Health Inspection Service.

i:/ppd/rad/dockets/2006/06-026-3; 3/15/07

[^1]: ^?^Go to http://www.regulations.gov, click on the "Advanced
    Search" tab, and select "Docket Search." In the Docket ID field,
    enter "APHIS-2006-0041\", click on "Submit," then click on the
    Docket ID link in the search results page. The full risk assessment
    will appear in the resulting list of documents. In addition, copies
    of the risk assessment may be obtained by calling or writing to the
    individuals listed under FOR FURTHER INFORMATION CONTACT.