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From: TSS ()
Subject: BSE MRR and Importation of Commodities; Partial Delay of Applicability [Federal Register: March 11, 2005 (Volume 70, Number 47)]
Date: March 11, 2005 at 1:58 pm PST

-------- Original Message --------
Subject: Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Partial Delay of Applicability
Date: Fri, 11 Mar 2005 16:02:11 -0600
From: "Terry S. Singeltary Sr."
Reply-To: Bovine Spongiform Encephalopathy
To: BSE-L@KALIV.UNI-KARLSRUHE.DE


##################### Bovine Spongiform Encephalopathy #####################

[Federal Register: March 11, 2005 (Volume 70, Number 47)]
[Rules and Regulations]
[Page 12112-12113]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr05-2]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 94 and 95

[Docket No. 03-080-6]
RIN 0579-AB73


Bovine Spongiform Encephalopathy; Minimal-Risk Regions and
Importation of Commodities; Partial Delay of Applicability

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; partial delay of applicability.

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

SUMMARY: The amendments in this final rule delay until further notice
the applicability of certain provisions of the rule entitled ``Bovine
Spongiform Encephalopathy; Minimal-Risk Regions and Importation of
Commodities,'' published in the Federal Register on January 4, 2005, 70
FR 460-553. That rule was scheduled to amend the regulations in 9 CFR
parts 93, 94, 95, and 96, effective March 7, 2005, 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 to add Canada to this category.
That rule included conditions for the importation of certain live
ruminants and ruminant products from such regions.

DATES: Effective March 7, 2005.

FOR FURTHER INFORMATION CONTACT: Dr. Karen James-Preston, Director,
Technical Trade Services, National Center for Import and Export, VS,
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.

SUPPLEMENTARY INFORMATION: On January 4, 2005, we published a final
rule in the Federal Register (70 FR 460-553, Docket No. 03-080-3) that
establishes a category of regions that present a minimal risk of
introducing

[[Page 12113]]

bovine spongiform encephalopathy into the United States via live
ruminants and ruminant products and byproducts and that adds Canada to
this category. The rule also establishes conditions for the importation
of certain live ruminants and ruminant products from such regions. The
rule was scheduled to become effective on March 7, 2005.\1\
---------------------------------------------------------------------------

\1\ On March 2, 2005, Judge Richard F. Cebull of the U.S.
District Court for the District of Montana ordered that the
implementation of APHIS' January 4, 2005, final rule is
preliminarily enjoined.
---------------------------------------------------------------------------

Pursuant to an announcement by the Secretary of Agriculture on
February 9, 2005, this document delays the applicability of the
provisions in that rule as they apply to the importation from Canada of
the following commodities when derived from bovines 30 months of age or
older when slaughtered: (1) Meat, meat food products, and meat
byproducts other than liver; \2\ (2) whole or half carcasses; (3)
offal; (4) tallow composed of less than 0.15 percent insoluble
impurities that is not otherwise eligible for importation under 9 CFR
95.4(a)(1)(i); and (5) gelatin derived from bones of bovines that is
not otherwise eligible for importation under 9 CFR 94.18(c).
---------------------------------------------------------------------------

\2\ In accordance with an August 8, 2003, announcement by the
Secretary of Agriculture, since August 2003 APHIS has issued permits
for the importation into the United States from Canada of certain
fresh or frozen liver from bovines of any age.
---------------------------------------------------------------------------

If the courts allow the January 4, 2005, rule to go into effect
while this delay of applicability is in effect, the commodities listed
above that are derived from bovines less than 30 months of age when
slaughtered must be accompanied to the United States by certification
that (1) the age requirement has been met and (2) the commodity was
processed in an establishment inspected by the Canadian Food Inspection
Agency (CFIA) that operates in compliance with an approved CFIA program
to prevent commingling of ruminant products eligible for export to the
United States with ruminant products ineligible for export to the
United States. Such certification must be made by a full-time salaried
veterinary officer of Canada, or by a veterinarian designated and
accredited by the Canadian Government, provided the certification is
endorsed by a full-time salaried veterinary officer of Canada who
represents that the veterinarian issuing the certification was
authorized to do so.
To the extent that 5 U.S.C. 553 applies to this action, it is
exempt from notice and comment because it constitutes a rule of
procedure under 5 U.S.C. 553(b)(A). Alternatively, the Department's
implementation of this action without opportunity for public comment is
based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3).
Seeking public comment is impracticable, unnecessary, and contrary to
the public interest. The delay of applicability is necessary to give
Department officials the opportunity for further review and
consideration of the specified provisions. Given the scheduled
effective date of those provisions, seeking prior public comment on
this delay would have been impractical, as well as contrary to the
public interest, in the orderly promulgation and implementation of
regulations.

List of Subjects

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.


0
Accordingly, we are amending 9 CFR parts 94 and 95 as follows:

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

0
1. The authority citation for part 94 continues to read as follows:

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


0
2. Section 94.19 is amended by adding notes at the end of paragraphs
(a), (b), and (f) to read as follows:


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

* * * * *
(a) * * *

Note to paragraph (a): The applicability of paragraph (a) to
meat, meat byproducts other than liver, and meat food products when
such commodities are derived from bovines that were 30 months of age
or older when slaughtered is delayed indefinitely.


(b) * * *

Note to paragraph (b): The applicability of paragraph (b) to
whole or half carcasses derived from bovines that were 30 months of
age or older when slaughtered is delayed indefinitely.

* * * * *
(f) * * *

Note to paragraph (f): The applicability of paragraph (f) to
gelatin derived from the bones of bovines that were 30 months of age
or older when slaughtered is delayed indefinitely.


* * * * *

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

0
3. The authority citation for part 95 continues to read as follows:

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

0
4. Section 95.4 is amended by adding notes at the end of paragraphs (f)
and (g) to read as follows:


Sec. 95.4 Restrictions on the importation of processed animal
protein, offal, tankage, fat, glands, certain tallow other than tallow
derivatives, and serum due to bovine spongiform encephalopathy.

* * * * *
(f) * * *

Note to paragraph (f): The applicability of paragraph (f) to
tallow derived from bovines that were 30 months of age or older when
slaughtered is delayed indefinitely.


(g) * * *

Note to paragraph (g): The applicability of paragraph (g) to
offal derived from bovines that were 30 months of age or older when
slaughtered is delayed indefinitely.

* * * * *

Done in Washington, DC, this 8th day of March 2005.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 05-4917 Filed 3-10-05; 8:45 am]

BILLING CODE 3410-34-P


http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-4917.htm

TSS

######### https://listserv.kaliv.uni-karlsruhe.de/warc/bse-l.html ##########






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