[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Rules and Regulations]
[Pages 54757-54758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27953]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 /
Rules and Regulations
[[Page 54757]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 71 and 78
[Docket No. 96-041-3]
Interstate Movement of Livestock; Technical Amendment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: In a final rule published in the Federal Register on May 22,
1997, and effective June 23, 1997, we amended the regulations governing
the interstate movement of livestock by combining the provisions for
the approval of livestock markets for cattle and bison, horses, and
swine into a single section. We also removed the regulations that
restrict the movement of swine and swine products from areas
quarantined for hog cholera and the regulations that provide for the
payment of compensation to the owners of swine destroyed because of hog
cholera. Since the publication of the final rule, three issues arising
from omissions or a lack of clarity in the final rule have been brought
to our attention. We are publishing this technical amendment to resolve
those issues.
DATES: This amendment is effective October 22, 1997.
FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff
Veterinarian, Surveillance and Animal Identification Team, National
Animal Health Programs, VS, APHIS, 4700 River Road Unit 36, Riverdale,
MD 20737-1231, (301) 734-5970; or E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In a proposed rule published in the Federal Register on October 31,
1996 (61 FR 56155-56165, Docket No. 96-041-1), we proposed to amend the
regulations regarding the interstate movement of livestock by combining
the provisions for the approval of livestock markets for cattle and
bison, horses, and swine into a single section. In the same document,
we proposed to remove the regulations that restrict the movement of
swine and swine products from areas quarantined for hog cholera and
that provide for the payment of compensation to the owners of swine
destroyed because of hog cholera.
In a final rule published in the Federal Register on May 22, 1997
(62 FR 27930-27937, Docket No. 96-041-2), and effective June 23, 1997,
we adopted the provisions of the proposed rule as a final rule with
certain specified changes that were based on comments received in
response to the proposed rule. Since the publication of the final rule,
three issues arising from omissions or a lack of clarity in the final
rule have been brought to our attention. We are publishing this
technical amendment to resolve those issues, each of which is explained
below.
Animal Identification
In the May 1997 final rule, we provided for the use of premises
identification numbers to identify livestock. When used alone, a
premises identification number will allow an animal to be traced back
to its farm or premises of origin. That degree of traceback specificity
is sufficient for certain classes of livestock, such as slaughter swine
and feeder swine. However, a premises identification number can also be
combined with a producer's own livestock production numbering system to
provide a unique identification number for an animal. Such unique
individual identification is necessary for other classes of livestock,
such as breeder swine, which often require follow-up testing after
being moved interstate.
Unique animal identification is most often provided through the use
of official eartags, and in our May 1997 final rule, we amended the
definition of official eartag to provide for the use of premises
identification numbers on official eartags. In amending that
definition, we failed to specify that a premises identification number
must be combined with a producer's livestock production numbering
system to provide animal-specific, rather than just premises-specific,
identification if that number is to be used on an official eartag. In
this document, therefore, we have amended the definition of official
eartag in Secs. 71.1 and 78.1 to clarify that an official eartag
bearing a premises identification number must provide a unique
identification number. We have also amended Sec. 71.19(b), which lists
the means of swine identification approved by the Administrator, to
make it clear that a ``regular'' premises identification number (i.e.,
a premises-specific number) is approved for the identification of
slaughter swine and feeder swine, the two classes of swine that, as
noted above, do not require animal-specific identification for
interstate movement.
Pseudorabies Provisions
In the May 1997 final rule, we added pseudorabies to the list in
Sec. 71.3(a) of diseases considered to be endemic to the United States;
that paragraph concludes by stating that animals affected with those
endemic diseases shall not be moved interstate. However, paragraph (c)
of Sec. 71.3 provides for the interstate movement of animals affected
with certain diseases if the animals are moved in accordance to our
specific regulations that provide for such interstate movement.
Specific regulations do exist that provide for the movement of swine
affected with pseudorabies, but we neglected to note those regulations
in Sec. 71.3(c) when we added pseudorabies to the list in Sec. 71.3(a).
Therefore, in this document we have added a new paragraph
Sec. 71.3(c)(4), which reads ``Swine infected with or exposed to
pseudorabies may be moved interstate in accordance with part 85 of this
chapter.''
Approved Livestock Facilities for Swine
When we developed the single livestock market approval agreement in
Sec. 71.20 to replace the five agreements that had been located in
parts 75, 76, and 78, it was our intent to eliminate duplication while
retaining any necessary species-specific provisions. With regard to the
approval of livestock markets for swine, we stated in our
[[Page 54758]]
October 1996 proposed rule that we would incorporate the provisions of
Sec. 76.18, ``Approval of Livestock Markets,'' into the single
agreement in Sec. 71.20 with four exceptions, three of which were
related to the now-removed hog cholera regulations and one that dealt
with recordkeeping. We have found that we failed to include one of the
disease prevention requirements of Sec. 76.18--i.e., that the pens,
alleys, and sales rings for holding, inspecting, and otherwise handling
swine in an approved market for swine must be imperviously surfaced--
when we incorporated the agreement from Sec. 76.18 into the single
agreement in Sec. 71.20. To correct that omission, we have amended the
swine-specific provisions of the approved livestock facility agreement
in Sec. 71.20(a) to restore the impervious surface requirement.
List of Subjects
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR parts 71 and 78 are amended as follows:
PART 71--GENERAL PROVISIONS
1. The authority citation for part 71 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
2. In Sec. 71.1, the definition of official eartag is revised to
read as follows:
Sec. 71.1 Definitions.
* * * * *
Official eartag. An identification eartag approved by APHIS as
being tamper-resistant and providing unique identification for each
animal. An official eartag may conform to the alpha-numeric National
Uniform Eartagging System, or it may bear a valid premises
identification number that is used in conjunction with the producer's
livestock production numbering system to provide a unique
identification number.
* * * * *
3. In Sec. 71.3, a new paragraph (c)(4) is added to read as
follows:
Sec. 71.3 Interstate movement of diseased animals and poultry
generally prohibited.
* * * * *
(c) * * *
(4) Swine infected with or exposed to pseudorabies may be moved
interstate in accordance with part 85 of this chapter.
* * * * *
4. In Sec. 71.19, paragraph (b)(7) is revised to read as follows:
Sec. 71.19 Identification of swine in interstate commerce.
* * * * *
(b) * * *
(7) For slaughter swine and feeder swine, an eartag or tattoo
bearing the premises identification number assigned by the State animal
health official to the premises on which the swine originated.
* * * * *
5. In Sec. 71.20, paragraph (a), in the sample agreement,
paragraphs (15)(ii) through (15)(v) are redesignated as paragraphs
(15)(iii) through (15)(vi) and a new paragraph (15)(ii) is added to
read follows:
Sec. 71.20 Approval of livestock facilities.
(a) * * *
(15) * * *
(ii) Pens, alleys, and sales rings for holding, inspecting, and
otherwise handling swine shall be imperviously surfaced.
* * * * *
PART 78--BRUCELLOSIS
6. The authority citation for part 78 continues to read as follows:
Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
7. In Sec. 78.1, the definition of official eartag is revised to
read as follows:
Sec. 78.1 Definitions.
* * * * *
Official eartag. An identification eartag approved by APHIS as
being tamper-resistant and providing unique identification for each
animal. An official eartag may conform to the alpha-numeric National
Uniform Eartagging System, or it may bear a valid premises
identification number that is used in conjunction with the producer's
livestock production numbering system to provide a unique
identification number.
* * * * *
Done in Washington, DC, this 14th day of October 1997.
Craig M. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-27953 Filed 10-21-97; 8:45 am]
BILLING CODE 3410-34-P