[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10030]
[Federal Register: April 28, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 54 and 79
[Docket No. 93-050-2]
Scrapie: Sheep and Goats Less Than 1 Year of Age Moved to
Slaughter
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the scrapie regulations to allow sheep and
goats less than 1 year of age from scrapie-infected or source flocks to
move interstate to slaughter, without being permanently identified with
an indelible ``S'' mark, if they are accompanied by a permit and moved
in a sealed means of conveyance. We are also providing that the
diagnosis of scrapie necessary to categorize a flock as an infected
flock, source flock, or trace flock must have been made after March 31,
1989, and are providing that flank tattoos and ear tattoos are
acceptable forms of identification for certain sheep and goats moved
interstate. These changes will provide safeguards necessary to guard
against the interstate spread of scrapie, while eliminating
unnecessarily restrictive marking and identification requirements.
EFFECTIVE DATE: May 31, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Dan Harpster, Senior Staff
Veterinarian, Miscellaneous Diseases Staff, Veterinary Services, APHIS,
USDA, room 701, Federal Building, 6505 Belcrest Road, Hyattsville, MD
20872, (301) 436-6954.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 79 (referred to below as the
regulations) contain provisions restricting the interstate movement of
sheep and goats because of scrapie. Scrapie is a progressive
degenerative disease of the central nervous system of sheep and goats.
The disease develops slowly, with an incubation period lasting from
months to years. The regulations are designed to prevent the interstate
transmission of scrapie.
On November 12, 1993, we published in the Federal Register (58 FR
59955-59959, Docket No. 93-050-1) a proposal to amend the regulations
to allow sheep and goats less than 1 year of age from scrapie-infected
or source flocks to move interstate to slaughter, without being
permanently identified with an indelible ``S'' mark, if they are
accompanied by a permit and are moved in sealed means of conveyance. We
also proposed to provide that the diagnosis of scrapie necessary to
categorize a flock as an infected flock, source flock, or trace flock
must have been made after March 31, 1989, and proposed to make flank
tattoos and ear tattoos acceptable forms of identification for certain
sheep and goats moved interstate.
We solicited comments concerning our proposal for a 60-day comment
period ending January 11, 1994. We received four comments by that date,
from a member of the lamb industry, a veterinary medical association,
and two sheep industry associations. One commenter supported the entire
proposal. One commenter raised issues beyond the scope of the proposal.
The other two commenters supported the proposal with one
qualification. Both indicated that our proposal stated that flank
tattoos and ear tattoos should be considered acceptable forms of
identification because electronic implant devices are ``unavailable.''
The commenters stated that, rather than being unavailable, electronic
implant devices enjoy widespread acceptance and usage. Both commenters
stated that such devices offer more consistency and are more likely to
be permanent than other forms of identification. One of the commenters
recommended that the Animal and Plant Health Inspection Service (APHIS)
coordinate the distribution and application of electronic implants for
the voluntary scrapie flock certification program.
We are making no changes based on these comments. We agree with the
commenters that electronic implant devices are in many ways superior to
either flank tattoos or ear tattoos. However, at present, electronic
implant devices are cost-prohibitive for many owners.
In addition to this problem, there does not yet exist an
internationally recognized set of standards for electronic implant
devices. Therefore, a reader capable of reading one type of electronic
implant device might not be able to read another. Although APHIS is
committed to purchasing electronic implant readers as part of the
voluntary scrapie flock certification program, we do not consider such
purchases advisable until one reader can be used on several different
companies' implants. For these reasons, we consider it appropriate at
this time to allow forms of identification other than electronic
implant devices.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
the final rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget.
The changes we are making include allowing the interstate movement
to slaughter of sheep and goats less than 1 year of age from scrapie-
infected flocks or source flocks that do not meet the requirements of
Sec. 79.2 (a)(1) through (a)(7) of the regulations, if the animals are
moved in a sealed means of conveyance and accompanied by a permit. This
approach will be less restrictive and more efficient than allowing
these animals to be moved interstate only if the animals have been
identified with an ``S'' mark to the left jaw.
Although the change applies to both sheep and goats, at present no
goats are being moved interstate with an ``S'' mark.
There are approximately 92,500 sheep farms in the United States,
with approximately 11 million sheep. The large majority of these are
small entities. Ninety-nine percent of the sheep farms in this country
each have annual sales totalling less than $500,000, and approximately
77,000 have fewer than 100 sheep.
The number of farms and animals that will be affected by this
change is relatively small. There are approximately 81 infected or
source flocks in this country, with only about 4,050 animals. All of
these flocks are on what are considered small farms. The total number
of farms affected will be less than .1 percent of the total number of
sheep farms in the United States.
It costs approximately $0.50 to brand a lamb. This amount will be
saved by those farms that choose to ship animals according to the
regulations. This compares to the average market value for a finished
market lamb of $65.
We are also providing that the diagnosis of scrapie necessary to
categorize a flock as an infected flock, source flock, or trace flock
must have been made after March 31, 1989. This change excludes from
such categorizations flocks that completed a 42-month surveillance
period prior to October 1, 1992, and in which scrapie has not been
diagnosed since. This change clarifies our intent as to the definitions
in question and will have no economic effect.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this rule will not
have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict 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 the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this final rule have been submitted for approval to the
Office of Management and Budget.
List of Subjects
9 CFR Part 54
Animal diseases, Goats, Indemnity payments, Sheep.
9 CFR Part 79
Animal diseases, Quarantine, Sheep, Transportation.
Accordingly, 9 CFR parts 54 and 79 are amended as follows:
PART 54--CONTROL OF SCRAPIE
1. The authority citation for part 54 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17,
2.51, and 371.2(d).
2. Section 54.1 is amended as follows:
a. The definitions of infected flock, source flock, and trace flock
are revised to read as set forth below.
b. The definitions of Veterinary Services and Veterinary Services
representative are removed.
c. The words ``a Veterinary Services'' are removed and ``an APHIS''
are added in their place in the following places:
i. The definition of affected animal;
ii. The definition of flock plan, first sentence; and
iii. The definition of scrapie-exposed animals.
d. The definition of Area Veterinarian in Charge is amended by
removing the words ``Veterinary Services'' and ``the Animal and Plant
Health Inspection Service'' and adding ``APHIS'' in their place.
e. In the definition of flock plan, the second sentence is amended
by removing the words ``Veterinary Services'' and adding ``APHIS'' in
their place.
Sec. 54.1 Definitions.
* * * * *
Infected flock. Any flock in which an APHIS representative or a
State representative has determined an animal to be a scrapie-positive
animal after March 31, 1989. A flock will no longer be an infected
flock after it has completed the requirements of a flock plan.
* * * * *
Source flock. A flock in which an APHIS representative or a State
representative has determined that at least two animals were born that
were diagnosed as scrapie-positive animals at an age of 54 months or
less. In order for the flock to be a source flock, the second scrapie-
positive diagnosis must have been made within 60 months of the first
scrapie-positive diagnosis and after March 31, 1989. A flock will no
longer be a source flock after it has completed the requirements of a
flock plan.
* * * * *
Trace flock. A flock in which an APHIS representative or a State
representative has determined that one animal was born that was
diagnosed as a scrapie-positive animal at an age of 54 months or less.
In order for the flock to be a trace flock, the scrapie-positive
diagnosis must have been made after March 31, 1989. A flock will no
longer be a trace flock after it has completed the requirements of a
flock plan.
* * * * *
PART 79--SCRAPIE IN SHEEP AND GOATS
3. The authority citation for part 79 is revised to read as
follows:
Authority: 21 U.S.C. 111-114a, 115, 117, 120, 121, 123-126,
134b, 134f; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 79.1 [Amended]
4. In Sec. 79.1, definition of flock plan, the second sentence is
amended by removing the words ``Veterinary Services'' and adding
``APHIS'' in their place.
5. Section 79.1 is amended by removing the definition of Veterinary
Services representative; by revising the definitions of infected flock,
source flock, and trace flock; and by adding Animal and Plant Health
Inspection Service, APHIS representative, and permit in alphabetical
order to read as follows:
Sec. 79.1 Definitions.
* * * * *
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
APHIS representative. An individual employed by APHIS who is
authorized to perform the function involved.
* * * * *
Infected flock. Any flock in which an APHIS representative or a
State representative has determined an animal to be a scrapie-positive
animal after March 31, 1989. A flock will no longer be an infected
flock after it has completed the requirements of a flock plan.
Permit. An official document (VS Form 1-27) issued by an APHIS
representative that indicates the following: the shipper's or
consignor's name and address; the consignee's name and address; the
State where the permit was issued; points of origin and destination of
the animals being moved interstate; purpose of the movement; number and
species of animals covered by the permit; whether the animals are from
an infected flock or a source flock; transportation vehicle license
number or other identification number; and seal number.
* * * * *
Source flock. A flock in which an APHIS representative or a State
representative has determined that at least two animals were born that
were diagnosed as scrapie-positive animals at an age of 54 months or
less. In order for the flock to be a source flock, the second scrapie-
positive diagnosis must have been made within 60 months of the first
scrapie-positive diagnosis and after March 31, 1989. A flock will no
longer be a source flock after it has completed the requirements of a
flock plan.
* * * * *
Trace flock. A flock in which an APHIS representative or a State
representative has determined that one animal was born that was
diagnosed as a scrapie-positive animal at an age of 54 months or less.
In order for the flock to be a trace flock, the scrapie-positive
diagnosis must have been made after March 31, 1989. A flock will no
longer be a trace flock after it has completed the requirements of a
flock plan.
* * * * *
6. Section 79.2 is amended as follows:
a. Paragraphs (a)(1) through (a)(7) are redesignated as paragraphs
(a)(2)(i) through (a)(2)(vii), respectively.
b. Paragraph (a) introductory text is revised and paragraphs (a)(1)
and (a)(2) introductory text are added to read as set forth below.
c. In newly redesignated paragraph (a)(2)(ii), the first sentence
is amended by removing the words ``Veterinary Services'' and adding
``APHIS'' in their place.
d. In newly redesignated paragraph (a)(2)(iii), the third sentence
is revised to read as set forth below.
e. Newly redesignated paragraph (a)(2)(iv) is revised to read as
set forth below.
f. Newly redesignated paragraph (a)(2)(v) is amended by removing
the words ``Veterinary Services'' and adding ``APHIS'' in their place.
g. Newly redesignated paragraph (a)(2)(vi) is amended by removing
the reference to ``paragraph (a)(4)'' and adding ``paragraph
(a)(2)(iv)'' in its place; and by removing the words ``Veterinary
Services'' and adding ``APHIS'' in their place.
h. Newly redesignated paragraph (a)(2)(vii) is amended by removing
the reference to ``paragraph (a)(2)'' and adding ``paragraph
(a)(2)(ii)'' in its place.
Sec. 79.2 General restrictions.
(a) Except as provided in paragraphs (a)(1) and (a)(2) of this
section, no scrapie-positive animal, animal from an infected flock, or
animal from a source flock may be moved interstate, unless the animal
has been permanently identified with an indelible mark in the form of
the letter ``S,'' at least 1'' by 1'', applied on the left jaw.
(1) Animals less than 1 year of age may be moved interstate to
slaughter from an infected flock or a source flock if the animals are
moved in a means of conveyance sealed by an APHIS representative and
are accompanied by a permit.
(2) High-risk animals less than 1 year of age moving in slaughter
channels and animals other than high-risk animals may be moved
interstate if the animals are from infected flocks or source flocks
meeting the following conditions:1
---------------------------------------------------------------------------
\1\Owners of flocks participating in the Voluntary Scrapie Flock
Certification Program described in 9 CFR part 54 agree to follow the
``Uniform Methods and Rules--Voluntary Scrapie Flock Certification''
(the UM&R), which include, among other requirements, the conditions
in this section. Individual copies of the UM&R may be obtained from
the Administrator, c/o Sheep, Goat, Equine, and Poultry Diseases
Staff, Animal and Plant Health Inspection Service, United States
Department of Agriculture, 6505 Belcrest Road, Hyattsville, MD
20782; or from the American Sheep Industry Association, Producer
Services, 6911 S. Yosemite Street, Englewood, CO 80112-1414,
telephone (303) 771-3500.
---------------------------------------------------------------------------
* * * * *
(iii) * * * The form of identification shall be an electronic
implant, flank tattoo, or ear tattoo, providing a unique identification
number that may be applied by the owner of the flock or his or her
agent in accordance with instructions by an APHIS representative, State
representative, or an accredited veterinarian.
(iv) The owner of the flock or his or her agent shall maintain, and
keep for a minimum of 5 years after an animal dies or is otherwise
removed from a flock, the following records for each animal in the
flock: The animal's individual identification number from its
electronic implant, flank tattoo, or ear tattoo, and any secondary form
of identification the owner of the flock may choose to maintain; sex;
breed; date of acquisition and source (previous flock), if the animal
was not born in the flock; and disposition, including the date and
cause of death, if known, or date of removal from the flock.
* * * * *
Secs. 79.2 and 79.3 [Amended]
7. In addition to the amendments set forth above, 9 CFR part 79 is
amended by removing the words ``a Veterinary Services'' and adding, in
their place, the words ``an APHIS'' in the following places:
a. Section 79.2, newly redesignated Sec. 79.2(a)(2)(ii), last
sentence; and newly designated (a)(2)(vii), both places they appear;
and
b. Section 79.3(b).
Sec. 79.3 [Amended]
8. In Sec. 79.3, paragraph (a) is amended by removing the words ``A
Veterinary Services'' and replacing them with the words ``An APHIS''
each time they appear.
Done in Washington, DC, this 20th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10030 Filed 4-26-94; 8:45am]
BILLING CODE 3410-34-P