Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71213 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 93, 94, and 95 

[Docket No. 03–080–8] 

RIN 0579–AB97 

Bovine Spongiform Encephalopathy; 

Minimal-Risk Regions and Importation 

of Commodities; Unsealing of Means 

of Conveyance and Transloading of 

Products 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: In a final rule published in 

the Federal Register on January 4, 2005, 

we amended the regulations regarding 

the importation of animals and animal 

products to establish a category of 

regions that present a minimal risk of 

introducing bovine spongiform 

encephalopathy into the United States 

via live ruminants and ruminant 

products and byproducts, and added 

Canada to this category. We also 

established conditions for the 

importation of certain live ruminants 

and ruminant products and byproducts 

from such regions. In this document, we 

are amending the regulations to broaden 

who is authorized to break seals on 

means of conveyances carrying certain 

ruminants of Canadian origin. 

Additionally, we are amending the 

regulations regarding the transiting 

through the United States of certain 

ruminant products from Canada to 

allow for direct transloading of the 

products from one means of conveyance 

to another in the United States under 

Federal supervision. These actions will 

contribute to the humane treatment of 

ruminants shipped to the United States 

from Canada and remove an 

impediment to international trade, 

without increasing the risk of the BSE 

disease agent entering the United States. 

DATES: This interim rule is effective 

November 28, 2005. We will consider 

all comments that we receive on or 

before January 27, 2006. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ 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–2005–0003 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 03–080–8, 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. 03–080–8. 

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 JamesPreston, Director, Technical Trade 

Services, 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 in 9 CFR parts 

93, 94, 95, and 96 regarding the 

importation of animals and animal 

products (referred to below as the 

regulations) 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, to add Canada 

to this category, and to provide 

conditions for the importation of live 

ruminants and ruminant products and 

byproducts from Canada. 

Following publication of the final 

rule, it came to our attention that certain 

provisions in the rule could create 

conditions that either are not conducive 

to the humane treatment of livestock or 

that unnecessarily hinder international 

trade. In this interim rule, we are 

amending the regulations to remedy 

these situations. We discuss below the 

changes we are making. 

Breaking of Seals on Means of 

Conveyance at Feedlots and 

Slaughtering Establishments 

The regulations in §§ 93.419, 93.420, 

and 93.436, which were established or 

amended by our January 2005 final rule, 

include requirements governing the 

importation of bovines, sheep, and goats 

from Canada, either for immediate 

slaughter in the United States or for 

movement to a feedlot or designated 

feedlot in the United States and then to 

slaughter. 

Those importation requirements 

provide that bovines, sheep, and goats 

entering the United States from Canada 

must be transported to the United States 

in a means of conveyance that is sealed 

in Canada with seals of the Canadian 

Government. The final rule specified 

who in the United States was authorized 

to break the Canadian seals, as follows: 

• Under §§ 93.419, 93.420, and 

93.436, only Animal and Plant Health 

Inspection Service (APHIS) port 

veterinarians are authorized to break the 

seals at the port of entry. 

• Under § 93.419(d)(4), the official 

seals on a means of conveyance used to 

transport sheep and goats from Canada 

to a designated feedlot in the United 

States must be broken at the feedlot only 

by an accredited veterinarian or a State 

or U.S. Department of Agriculture 

(USDA) representative or his or her 

designee. Similarly, under 

§ 93.436(b)(7), the seals on a means of 

conveyance used to transport bovines 

from Canada or other minimal risk 

region to a U.S. feedlot must be broken 

only by an accredited veterinarian or a 

State or USDA representative or his or 

her designee. 

• Under § 93.420(a), which deals with 

the importation of ruminants in general 

from Canada for immediate slaughter, 

the seals on a means of conveyance used 

to transport such ruminants to slaughter 

may be broken at a recognized 

slaughtering establishment only by an 

accredited veterinarian or a State or 

USDA representative or his or her 

designee. However, this provision is 

inconsistent with provisions in 

§ 93.436(a)(4) that apply specifically to 

bovines, which state that seals on means 

of conveyance used to transport bovines 

from Canada or other minimal risk 

region to the United States for 

immediate slaughter must be broken at 

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

the slaughtering establishment only by a 

USDA representative. 

• Under §§ 93.419(d)(5) and 

93.436(b)(10), the seals on a means of 

conveyance used to transport sheep, 

goats, and bovines from Canada from a 

U.S. feedlot to a recognized slaughtering 

establishment must be broken at the 

recognized slaughtering establishment 

only by a USDA representative. 

Requiring that a means of conveyance 

be sealed during movement from one 

location to another helps ensure that the 

cargo area of the means of conveyance 

has not been entered while in transit 

and to ensure that the integrity of the 

shipment has been maintained (i.e., 

nothing was removed from or added to 

the shipment and the commodities have 

not been tampered with). Therefore, it is 

necessary that the means of conveyance 

be unsealed by an individual who has 

been properly trained regarding the 

requirements for sealing and removing 

the seals. 

It has come to our attention that the 

restrictions described above regarding 

who may break the official seals on a 

means of conveyance carrying live 

ruminants can, in some cases, create a 

situation that is not conducive to the 

humane treatment of livestock. Means of 

conveyance carrying livestock often 

arrive at feedlots or at slaughtering 

establishments at night or on weekends, 

frequently when accredited 

veterinarians or State or USDA 

representatives are not present. Under 

the regulations in place before this 

interim rule, such livestock needed to 

be held on the means of conveyance 

until one of the authorized individuals 

became available. 

We do not consider it necessary or 

acceptable to require such extended 

holding of the animals on the means of 

conveyance. To address this situation, 

we are providing in this interim rule 

that authorized USDA representatives 

may break the seals on the means of 

conveyance. Such individuals include 

any of the following: An APHIS 

Veterinary Services employee, a USDA 

Food Safety and Inspection Service 

inspector, a State representative, an 

accredited veterinarian, or an employee 

of an accredited veterinarian, 

slaughtering establishment, or feedlot 

who is designated by the accredited 

veterinarian or management of the 

slaughtering establishment or feedlot to 

unseal the means of conveyance. 

To make this change in the 

regulations, we are providing in each of 

the following paragraphs that the 

official seals on a means of conveyance 

must be broken only by an authorized 

USDA representative: 

• § 93.419(d)(4) regarding sheep and 

goats from Canada that are moved to a 

designated feedlot in the United States; 

• § 93.419(d)(5) regarding sheep and 

goats from Canada that are moved from 

a designated feedlot in the United States 

to a recognized slaughtering 

establishment; 

• § 93.420(a) regarding ruminants 

from Canada that are moved to a 

recognized slaughtering establishment 

in the United States for immediate 

slaughter; 

• § 93.436(a)(4) regarding bovines 

from Canada that are moved to a 

recognized slaughtering establishment 

in the United States for immediate 

slaughter; 

• § 93.436(b)(7) regarding bovines 

from Canada that are moved to a feedlot 

in the United States; and 

• § 93.436(b)(10) regarding bovines 

from Canada that are moved from a 

feedlot in the United States to a 

recognized slaughtering establishment. 

In § 93.400, we are removing the 

definition of USDA representative and 

adding a definition of authorized USDA 

representative to mean an APHIS 

Veterinary Services employee, a USDA 

Food Safety and Inspection Service 

inspector, a State representative, an 

accredited veterinarian, or an employee 

of an accredited veterinarian, 

slaughtering establishment, or feedlot 

who is designated by the accredited 

veterinarian or management of the 

slaughtering establishment or feedlot to 

perform the function involved. In the 

definition, we are also providing that, in 

order to designate an employee to break 

official seals, an accredited veterinarian 

or the management of a slaughtering 

establishment or feedlot must first 

supply in writing the name of the 

designated individual to the APHIS area 

veterinarian in charge in the State where 

the seals will be broken. Additionally, 

we are providing in the definition that 

the management of a slaughtering 

establishment or feedlot wishing to 

designate an employee to break the seals 

must enter into an agreement with 

Veterinary Services in which the 

management of the facility agrees that 

only designated individuals will break 

the seals, that the facility will contact an 

APHIS representative or USDA Food 

Safety and Inspection Service inspector 

immediately if the seals are not intact 

when the means of conveyance arrives 

or if the animals being transported 

appear to be sick or injured due to 

transport conditions, and that the 

facility will cooperate with APHIS 

representatives, USDA Food Safety and 

Inspection Service inspectors, and State 

representatives in maintaining records 

of sealed shipments received. 

We are making such an agreement one 

of the criteria for designating employees 

to break seals at feedlots and 

slaughtering establishments in order to 

ensure that USDA will be notified in a 

timely manner of any violations of the 

requirements in § 93.419, § 93.420, and 

§ 93.436 regarding sealed means of 

conveyance carrying ruminants from 

Canada or any other BSE minimal-risk 

region, that adequate records of such 

sealed shipments will be maintained, 

and that USDA will be notified in a 

timely manner of any apparent 

violations of the regulations in 9 CFR 

part 89 regarding the humane transport 

of livestock. Because accredited 

veterinarians have already entered into 

an agreement with APHIS to carry out 

functions in accordance with the 

regulations, it is not necessary to require 

accredited veterinarians who wish to 

designate an employee to break seals to 

additionally enter into the agreement 

described above. 

We are adding a definition of area 

veterinarian in charge (AVIC) to mean 

the veterinary official of APHIS who is 

assigned by the Administrator to 

supervise and perform the official 

animal health work of APHIS in the 

State concerned. 

Sealing of Means of Conveyance 

In this interim rule, we are clarifying 

the wording in §§ 93.419(d)(5) and 

93.436(b)(10) regarding who is 

authorized to apply official seals to 

means of conveyance carrying 

ruminants of Canadian origin, in order 

to eliminate possible confusion from our 

using similar terms to mean different 

things. In our January 2005 final rule, 

we indicated that the only individuals 

authorized to apply a U.S. Government 

seal to a means of conveyance carrying 

live ruminants from Canada from a 

designated feedlot (§ 93.419(d)(5) 

regarding sheep and goats) or feedlot 

(§ 93.436(b)(10) regarding bovines) to a 

slaughtering establishment are 

accredited veterinarians, State 

representatives, and USDA 

representatives. We defined USDA 

representative as a veterinarian or other 

individual employed by USDA who is 

authorized to perform the services 

required by part 93. In practice, in the 

situations described in §§ 93.419(d)(5) 

and 93.436(b)(10), a USDA 

representative will be an APHIS official. 

As noted above, in this interim rule, 

we are using the term ‘‘authorized 

USDA representative’’ to indicate who 

must unseal means of conveyance at 

feedlots and slaughtering 

establishments. In order to avoid 

possible confusion between the use of 

similar terms with different meanings 

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

(i.e., authorized USDA representative 

with regard to who is allowed to 

‘‘unseal’’ means of conveyance at 

feedlots and slaughtering establishments 

and USDA representative with regard to 

who is allowed to ‘‘seal’’ means of 

conveyance at feedlots), we are 

specifying in §§ 93.419(d)(5) and 

93.436(b)(10) that means of conveyance 

carrying live ruminants from a feedlot or 

designated feedlot to a slaughtering 

establishment must be sealed with seals 

of the U.S. Government by an accredited 

veterinarian, a State representative, or 

an APHIS representative. APHIS 

representative is defined in § 93.400 as 

a veterinarian or other individual 

employed by APHIS, USDA, who is 

authorized to perform the services 

required by part 93. 

Transloading of Ruminant Products 

From Canada Being Transported 

Through the United States for 

Immediate Export 

Section 94.18 of the regulations 

includes restrictions on the importation 

of meat and edible products of 

ruminants due to BSE, and § 95.4 

includes restrictions on the importation 

of animal byproducts due to BSE. 

Paragraph (d) of § 94.18 and paragraph 

(h) of § 95.4 include conditions 

governing the overland shipment 

through the United States for immediate 

export of products and byproducts that 

are derived from bovines, sheep, and 

goats in Canada and that are eligible for 

entry into the United States. Among the 

provisions in §§ 94.18(d)(5) and 

95.4(h)(4) governing such overland 

transiting is a prohibition on the 

transloading of these products while in 

the United States. By ‘‘transloading,’’ we 

mean the transfer in the United States 

of the cargo from the means of 

conveyance that carried it into the 

United States to another means of 

conveyance, either directly from the 

first means of conveyance to another 

means of conveyance or indirectly from 

the first means of conveyance to a 

storage area and then to a second means 

of conveyance. 

In our final rule, we prohibited the 

transloading of bovine, sheep, and goat 

products and byproducts transiting the 

United States from Canada in order to 

ensure that such commodities are, in 

fact, moved out of the country and are 

not diverted for use in the United States. 

It has come to our attention that, 

historically, one of the standard 

industry practices for shipments 

transiting overland from Canada to 

Mexico has been the transloading of 

products in the United States at the 

U.S.-Mexican border from the means of 

conveyance that carried the products 

through the United States directly into 

a waiting means of conveyance for 

delivery into Mexico. 

Such limited direct transloading, if 

carried out under Federal supervision, 

can be done with adequate assurance 

that all of the products are exported 

from the United States. Therefore, we 

are amending the regulations in 

§§ 94.18(d)(5) and in 95.4(h)(4) to allow 

such direct transloading, provided it is 

carried out under the supervision of an 

authorized inspector (as defined in 

§ 94.0) or an inspector (as defined in 

§ 95.1). (Under the current regulations, 

authorized inspector is defined in 

§ 94.0, and inspector is defined in 

§ 95.1, to mean any individual 

authorized by the Administrator of 

APHIS or the Commissioner of Customs 

and Border Protection, Department of 

Homeland Security, to enforce the 

regulations of part 94 or part 95, 

respectively. We are retaining those 

definitions in the regulations.) 

We are also providing in 

§§ 94.18(d)(5) and 95.4(h)(4) that an 

authorized inspector or an inspector 

must break the seals of the national 

government of the region of origin on 

the means of conveyance that carried 

the commodities into the United States 

and seal the means of conveyance that 

will carry the commodities out of the 

United States with seals of the U.S. 

Government. 

We are defining direct transloading in 

§§ 94.0 and 95.1 to mean the transfer of 

cargo directly from one means of 

conveyance to another. Direct 

transloading does not include the 

removal of cargo from the first means of 

conveyance for storage in the United 

States and subsequent reloading to a 

second means of conveyance. 

Immediate Action 

Immediate action is warranted to 

facilitate the humane treatment of 

livestock and to remove unnecessary 

hindrances to international trade. Under 

these circumstances, the Administrator 

has determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule. (See DATES above.) 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

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. 

This interim rule amends the 

provisions that were established by our 

January 2005 final rule regarding (1) the 

breaking of official seals on shipments 

of ruminants from Canada, and (2) the 

transloading of ruminant products and 

byproducts transiting overland from 

Canada to Mexico. As discussed above, 

we are providing in this interim rule 

that the seals on means of conveyance 

moved from Canada either to a feedlot 

or to a slaughtering establishment must 

be broken by an authorized USDA 

representative, which can include an 

APHIS Veterinary Services employee, a 

USDA Food Safety and Inspection 

Service inspector, a State representative, 

an accredited veterinarian, or an 

employee of an accredited veterinarian 

or employee of a slaughtering 

establishment or feedlot who is 

designated by the accredited 

veterinarian or management of the 

slaughtering establishment or feedlot to 

perform the function involved. 

Regarding the overland transit of 

commodities from Canada to Mexico, 

firms have historically often transloaded 

products in the United States at the 

U.S.-Mexican border from the means of 

conveyance that carried the products 

through the United States directly into 

a waiting means of conveyance for 

delivery to Mexico. However, the final 

rule established a prohibition of the 

transloading in the United States of 

Mexico-bound shipments of Canadian 

ruminant products and byproducts. This 

interim rule will allow, under Federal 

supervision, the direct transloading at 

the U.S.-Mexican border of Canadian 

ruminant products and byproducts 

destined for Mexico. 

This rule corrects two unforeseen 

effects of the final rule by removing 

unnecessary restrictions on (1) who is 

allowed to break official seals on 

shipments of Canadian ruminants 

received at feedlots and at recognized 

slaughtering facilities, and (2) the transit 

shipment through the United States of 

Canadian ruminant products and 

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

1USDA NASS. ‘‘Cattle on Feed’’ (February 18, 

2005). North American Industry Classification 

System (NAICS) code 112112, Cattle Feedlots. 

2 Ibid. 

3 $84.75 per cwt was the 2004 annual price for 

choice steers in Nebraska, as reported in USDA 

‘‘Livestock, Dairy, and Poultry Outlook,’’ LDP–M–

134, August 18, 2005. $84.75 per cwt × 12.5 cwt per 

head marketed × 44 head marketed per feedlot = 

$46,612.50 per feedlot. 

4U.S. Census Bureau, 2002 Economic Census. 

NAICS code 311611, Animal (except Poultry) 

Slaughtering. 

5U.S. Census Bureau, 2002 CBP United States 

Economic Profiles. NAICS code 484230, Specialized 

Freight (except Used Goods) Trucking, LongDistance. 

byproducts destined for Mexico. The 

Animal Health Protection Act (7 U.S.C. 

8301–8317) provides the basis for the 

rule. 

Entities that will be directly affected 

by the interim rule are feedlots and 

recognized slaughtering facilities that 

receive ruminants from Canada, and 

firms that provide for the overland 

transit of Canadian ruminant products 

and byproducts to Mexico. These 

industries are predominantly composed 

of small entities, as described below. 

A feedlot is considered to be a small 

entity by the Small Business 

Administration (SBA) if its annual 

receipts total no more than $1.5 million. 

In 2004, 88,000 of the 90,176 feedlots in 

the United States (97 percent) had 

capacities of less than 1,000 head.1 The 

average annual number of cattle 

marketed by these feedlots of smaller 

capacity was fewer than 44 head.2 Based 

on a market price per fed animal of 

$84.75 per hundredweight (100 pounds) 

and a slaughter weight of 1,250 pounds, 

annual receipts for the 97 percent of 

U.S. feedlots that have capacities of less 

than 1,000 head average about $46,600.3

Clearly, most feedlot operations are 

small entities. 

In 2002, there were a total of 1,869 

animal slaughtering establishments in 

the United States, excluding 

establishments for poultry. Ninety-six 

percent of them (1,796) employed not 

more than 500 employees and, 

therefore, are considered small by SBA 

standards.4

The SBA considers a firm engaged in 

long-distance livestock trucking to be 

small if its annual receipts are not more 

than $21.5 million. In 2002, the average 

payroll of establishments engaged in 

long-distance specialized freight 

trucking was less than $421,000, and the 

average number of employees per 

establishment was fewer than 12 

people.5 Based on these payroll and 

employee averages, we expect that most 

firms engaged in long-distance trucking 

firms—including enterprises that 

transport livestock—earn annual 

receipts well below the small-entity 

threshold. 

We do not know the number of 

feedlots or slaughtering establishments 

that will receive Canadian ruminants, 

nor do we know the number of trucking 

firms that will transload Canadian 

ruminant products or byproducts at the 

U.S.-Mexican border. Most of the 

affected businesses are likely small 

entities, and they are expected to benefit 

from the interim rule’s lessening of 

regulatory restrictions. APHIS welcomes 

information that the public may provide 

regarding the number of small entities to 

which the interim rule will apply. 

For feedlots and recognized 

slaughtering facilities receiving 

Canadian ruminants, the interim rule 

allows certain personnel designated by 

an accredited veterinarian or the 

facilities’ managers to unseal the means 

of conveyance and unload the animals. 

The requirements that the names of 

such designated employees first be 

submitted by the accredited 

veterinarians or facility managers and 

that feedlots and slaughtering 

establishments enter into an agreement 

with APHIS are addressed below under 

the heading ‘‘Paperwork Reduction 

Act.’’

There are no significant alternatives to 

this rule that would accomplish the 

stated objectives. Without the interim 

rule, affected small entities would 

continue to be unnecessarily burdened 

by (1) costly off-loading delays that 

endanger the welfare of Canadian 

ruminants moved to U.S. feedlots and 

recognized slaughtering facilities, and 

(2) unnecessary inefficiencies at the 

U.S.-Mexican border in the overland 

transit of Canadian ruminant products 

and byproducts destined for Mexico. 

Executive Order 12988 

This 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 

In accordance with section 3507(j) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection and recordkeeping 

requirements included in this interim 

rule have been submitted for emergency 

approval to the Office of Management 

and Budget (OMB). OMB has assigned 

control number 0579–0277 to the 

information collection and 

recordkeeping requirements. 

We plan to request continuation of 

that approval for 3 years. Please send 

written comments on the 3-year 

approval request to the following 

addresses: (1) Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503; and (2) Docket No. 03–080–8, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comments refer to Docket No. 03–080–

8 and send your comments within 60 

days of publication of this rule. 

This interim rule amends the 

regulations governing the importation of 

ruminants into the United States to 

broaden who is authorized to break 

seals on means of conveyances carrying 

certain ruminants of Canadian origin. 

We are providing that individuals 

authorized to break the seals on the 

means of conveyance can, in addition to 

a USDA employee (of APHIS Veterinary 

Services or a Food Safety and Inspection 

Service inspector), include any of the 

following: A State representative, an 

accredited veterinarian, or an employee 

of an accredited veterinarian, 

slaughtering establishment, or feedlot 

who is designated by the accredited 

veterinarian or management of the 

slaughtering establishment or feedlot to 

unseal the means of conveyance. If an 

accredited veterinarian or the 

management of a feedlot or slaughtering 

establishment designates an employee 

to break the seals, the accredited 

veterinarian or management of the 

facility must supply the name of the 

designated employee to the APHIS area 

veterinarian in charge. Additionally, the 

management of a slaughtering 

establishment or feedlot must enter into 

an agreement with Veterinary Services 

in which the management of the facility 

agrees that only designated individuals 

will break the seals, that the facility will 

contact an APHIS representative or 

USDA Food Safety and Inspection 

Service inspector immediately if the 

seals are not intact when the means of 

conveyance arrives or if the animals 

being transported appear to be sick or 

injured due to transport conditions, and 

that the facility will cooperate with 

APHIS representatives, USDA Food 

Safety and Inspection Service 

inspectors, and State representatives in 

maintaining records of sealed shipments 

received. We are soliciting comments 

from the public ( as well as affected 

agencies) concerning this information 

collection requirement. These 

comments will help us: 

(1) Evaluate whether the information 

collection is necessary for the proper 

performance of our agency’s functions, 

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

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.25 hours per 

response. 

Respondents: Accredited 

veterinarians, feedlot managers, and 

slaughter facility managers. 

Estimated annual number of 

respondents: 900. 

Estimated annual number of 

responses per respondent: 12. 

Estimated annual number of 

responses: 10,800. 

Estimated total annual burden on 

respondents: 2,700 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 734–7477. 

Government Paperwork Elimination 

Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the Government 

Paperwork Elimination Act (GPEA), 

which requires Government agencies in 

general to provide the public the option 

of submitting information or transacting 

business electronically to the maximum 

extent possible. For information 

pertinent to GPEA compliance related to 

this interim rule, please contact Mrs. 

Celeste Sickles, APHIS’ Information 

Collection Coordinator, at (301) 734–

7477. 

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 

removing the definition of USDA 

representative and adding definitions of 

area veterinarian in charge and 

authorized USDA representative in 

alphabetical order to read as follows: 

§ 93.400 Definitions. 

* * * * * 

Area veterinarian in charge (AVIC). 

The veterinary official of APHIS who is 

assigned by the Administrator to 

supervise and perform the official 

animal health work of APHIS in the 

State concerned. 

* * * * * 

Authorized USDA representative. An 

APHIS Veterinary Services employee, a 

USDA Food Safety and Inspection 

Service inspector, a State representative, 

an accredited veterinarian, or an 

employee of an accredited veterinarian, 

slaughtering establishment, or feedlot 

who is designated by the accredited 

veterinarian or management of the 

slaughtering establishment or feedlot to 

perform the function involved. In order 

to designate an employee to break 

official seals, an accredited veterinarian 

or the management of a slaughtering 

establishment or feedlot must first 

supply in writing the name of the 

designated individual to the APHIS 

AVIC in the State where the seals will 

be broken. Additionally, the 

management of a slaughtering 

establishment or feedlot must enter into 

an agreement with Veterinary Services 

in which the management of the facility 

agrees that only designated individuals 

will break the seals, that the facility will 

contact an APHIS representative or 

USDA Food Safety and Inspection 

Service inspector immediately if the 

seals are not intact when the means of 

conveyance arrives or if the animals 

being transported appear to be sick or 

injured due to transport conditions, and 

that the facility will cooperate with 

APHIS representatives, USDA Food 

Safety and Inspection Service 

inspectors, and State representatives in 

maintaining records of sealed shipments 

received. 

* * * * * 

■ 3. In § 93.419, in paragraph (d)(4), the 

first sentence, the words ‘‘accredited 

veterinarian or a State or USDA 

representative or his or her designee’’

are removed and the words ‘‘authorized 

USDA representative’’ are added in their 

place, and paragraph (d)(5) and the 

parenthetical reference to the Office of 

Management and Budget paperwork 

approval at the end of the section are 

revised to read as follows: 

§ 93.419 Sheep and goats from Canada. 

* * * * * 

(d) * * * 

(5) The animals must remain at the 

designated feedlot until transported to a 

recognized slaughtering establishment. 

The animals must be moved directly to 

the recognized slaughtering 

establishment in a means of conveyance 

sealed with seals of the U.S. 

Government by an accredited 

veterinarian, a State representative, or 

an APHIS representative. The seals must 

be broken at the recognized slaughtering 

establishment only by an authorized 

USDA representative; 

* * * * * 

(Approved by the Office of Management and 

Budget under control numbers 0579–0040, 

0579–0234, and 0579–0277) 

§ 93.420 [Amended] 

■ 4. In § 93.420, paragraph (a), the 

second sentence, the words ‘‘accredited 

veterinarian or a State or USDA 

representative or his or her designee’’

are removed and the words ‘‘authorized 

USDA representative’’ are added in their 

place, and a reference to the Office of 

Management and Budget paperwork 

approval is added at the end of the 

section to read ‘‘(Approved by the Office 

of Management and Budget under 

control number 0579–0277)’’. 

■ 5. Section 93.436 is amended as 

follows: 

■ a. In paragraph (a)(4), the second 

sentence, the words ‘‘a USDA 

representative’’ are removed and the 

words ‘‘an authorized USDA 

representative’’ are added in their place. 

■ b. In paragraph (b)(7), the first 

sentence, the words ‘‘accredited 

veterinarian or a State or USDA 

representative or his or her designee’’

are removed and the words ‘‘authorized 

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

1There is no commonly accepted term for these 

items. The terms ‘‘remotely created check,’’

‘‘telecheck,’’ ‘‘preauthorized drafts,’’ and ‘‘paper 

draft’’ are among the terms that describe these 

items. 

USDA representative’’ are added in their 

place. 

■ c. Paragraph (b)(10) is revised to read 

as follows: 

§ 93.436 Ruminants from regions of 

minimal risk for BSE. 

* * * * * 

(b) * * * 

(10) The bovines must be moved 

directly from the feedlot identified on 

APHIS Form VS 17–130 to a recognized 

slaughtering establishment in 

conveyances that must be sealed at the 

feedlot with seals of the U.S. 

Government by an accredited 

veterinarian, a State representative, or 

an APHIS official. The seals may be 

broken at the recognized slaughtering 

establishment only by an authorized 

USDA representative; 

* * * * * 

PART 94—RINDERPEST, FOOT-ANDMOUTH 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; 42 U.S.C. 4331 and 

4332; 7 CFR 2.22, 2.80, and 371.4. 

■ 7. Section 94.0 is amended by adding 

a definition of direct transloading, in 

alphabetical order, to read as follows: 

§ 94.0 Definitions. 

* * * * * 

Direct transloading. The transfer of 

cargo directly from one means of 

conveyance to another. 

* * * * * 

■ 8. In § 94.18, paragraph (d)(5)(ii) is 

revised to read as follows: 

§ 94.18 Restrictions on importation of 

meat and edible products from ruminants 

due to bovine spongiform encephalopathy. 

* * * * * 

(d) * * * 

(5) * * * 

(ii) The commodities may not be 

transloaded while in the United States, 

except for direct transloading under the 

supervision of an authorized inspector, 

who must break the seals of the national 

government of the region of origin on 

the means of conveyance that carried 

the commodities into the United States 

and seal the means of conveyance that 

will carry the commodities out of the 

United States with seals of the U.S. 

Government; 

* * * * * 

PART 95—SANITARY CONTROL OF 

ANIMAL BYPRODUCTS (EXCEPT 

CASINGS), AND HAY AND STRAW, 

OFFERED FOR ENTRY INTO THE 

UNITED STATES 

■ 9. 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. 

■ 10. Section 95.1 is amended by adding 

a definition of direct transloading, in 

alphabetical order, to read as follows: 

§ 95.1 Definitions. 

* * * * * 

Direct transloading. The transfer of 

cargo directly from one means of 

conveyance to another. 

* * * * * 

■ 11. Section 95.4 is amended by 

revising paragraph (h)(4)(ii) to read as 

follows: 

§ 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. 

* * * * * 

(h) * * * 

(4) * * * 

(ii) The commodities are not 

transloaded while in the United States, 

except for direct transloading under the 

supervision of an inspector, who must 

break the seals of the national 

government of the region of origin on 

the means of conveyance that carried 

the commodities into the United States 

and seal the means of conveyance that 

will carry the commodities out of the 

United States with seals of the U.S. 

Government; 

* * * * * 

Done in Washington, DC, this 21st day of 

November 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–23334 Filed 11–25–05; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL RESERVE SYSTEM 

12 CFR Parts 210 and 229 

[Regulations J and CC; Docket No. R–1226] 

Collection of Checks and Other Items 

by Federal Reserve Banks and Funds 

Transfers Through Fedwire and 

Availability of Funds and Collection of 

Checks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: The Board of Governors is 

adopting a final rule amending 

Regulation CC to define ‘‘remotely 

created checks’’ and to create transfer 

and presentment warranties for such 

checks. The purpose of the amendments 

is to shift liability for unauthorized 

remotely created checks to the 

depositary bank, which is generally the 

bank for the person that initially created 

and deposited the remotely created 

check. The Board is also adopting 

conforming cross-references to the new 

warranties in Regulation J. 

EFFECTIVE DATE: July 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Adrianne G. Threatt, Counsel (202–452–

3554), or Joshua H. Kaplan, Attorney, 

(202–452–2249), Legal Division; or Jack 

K. Walton, II, Associate Director (202–

452–2660), or Joseph P. Baressi, Senior 

Financial Services Analyst (202–452–

3959), Division of Reserve Bank 

Operations and Payment Systems; for 

users of Telecommunication Devices for 

the Deaf (TDD) only, contact 202–263–

4869. 

SUPPLEMENTARY INFORMATION: 

Background 

Existing Law and the Board’s Proposed 

Rule 

‘‘Remotely created checks’’ typically 

are created when the holder of a 

checking account authorizes a payee to 

draw a check on that account but does 

not actually sign the check.1 In place of 

the signature of the account-holder, the 

remotely created check generally bears a 

statement that the customer authorized 

the check or bears the customer’s 

printed or typed name. Remotely 

created checks can be useful payment 

devices. For example, a debtor can 

authorize a credit card company to 

create a remotely created check by 

telephone, which may enable the debtor 

to pay his credit card bill in a timely