[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]


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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.

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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
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    \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.
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* * * * *
    (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