[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27930-27937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13499]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 51, 56, 71, 75, 76, 78, 80, and 85

[Docket No. 96-041-2]


Interstate Movement of Livestock; Approved Livestock Facilities, 
Hog Cholera Provisions, and Livestock Identification

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending 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. These changes are the result of a comprehensive review of the 
Animal and Plant Health Inspection Service's regulations, programs, and 
policies regarding livestock markets and stockyards. We are also 
removing 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. We are removing the hog cholera regulations because the 
United States has been free of hog cholera since 1978 and import 
requirements have proven adequate to prevent the reintroduction of the 
disease into this country. These actions will eliminate unnecessary or 
duplicative regulations and remove the implication that hog cholera has 
not yet been eradicated in the United States.

EFFECTIVE DATE: June 23, 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

    The regulations in subchapters B and C of chapter I, title 9, of 
the Code of Federal Regulations contain provisions designed to prevent 
the dissemination of animal diseases in the United States and 
facilitate their control and eradication. Subchapter B, ``Cooperative 
Control and Eradication of Livestock or Poultry Diseases,'' comprises 9 
CFR parts 49 through 56; subchapter C, ``Interstate Transportation of 
Animals (Including Poultry) and Animal Products,'' is made up of 9 CFR 
parts 70 through 89.
    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 that same document, 
we also 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.
    We solicited comments concerning the proposed rule for 60 days 
ending December 30, 1996. We received five comments by that date. The 
comments we received were from a private veterinarian, three State 
animal health officials, and a livestock industry association. Two 
commenters generally supported the proposed rule but expressed 
reservations or offered suggestions on particular points. The remaining 
three commenters were opposed to specific aspects of the proposed rule 
and spoke only to those issues. The comments are discussed in detail 
below by subject.

Definitions

    One commenter asked why sheep were not included in the proposed 
definition of livestock in Sec. 71.1. When we prepared the proposed 
definition of livestock, our focus was on the term as it applied to the 
proposed new combined livestock facility agreement. Because that 
agreement contains no sheep-related provisions, we did not feel it was 
necessary to include sheep in the definition of livestock. However, the 
regulations in part 71 do refer numerous times to diseases of 
``livestock or poultry'' or the interstate movement of ``livestock or 
poultry;'' in that context, it appears clear that sheep should be 
included in the definition of livestock. We have, therefore, added 
sheep to the definition of livestock in this final rule.
    One commenter suggested that we add a definition for cull sows and 
boars to Sec. 71.1 to differentiate such swine from breeder swine, 
feeder swine, and slaughter swine. The commenter stated that cull sows 
and boars, even though they are most often purchased for further 
feeding, would fall under the definition of breeder swine because they 
are sexually intact, and thus would be subject to more restrictions 
than other swine intended for further feeding, i.e. those covered under 
the definition of feeder swine. Breeder swine and feeder swine are 
subject to the same restrictions under the regulations in part 71 as 
amended by this document, so sexually intact cull sows and boars will 
not be subject to more restrictions than feeder swine as the commenter 
had anticipated. Because sexually intact cull sows and boars meet the 
definition of breeder swine--i.e., sexually intact swine over 6 months 
of age--and will not be handled in a manner different from breeder 
swine under the regulations, it is not necessary to define cull sows 
and boars apart from breeder swine.

[[Page 27931]]

Presence of Veterinarians at Livestock Facilities

    Two commenters were opposed to the provision of paragraph (1) of 
the livestock facility agreement in Sec. 71.20(a) that would allow 
States, with the concurrence of the Animal and Plant Health Inspection 
Service (APHIS), to determine how frequently State representatives, 
APHIS representatives, or accredited veterinarians should be present at 
individual stockyards and livestock facilities. Both commenters 
believed that the regulations should continue to require that a State 
or APHIS representative or accredited veterinarian be present on all 
sale days. One commenter pointed out that most States require a 
certificate of veterinary inspection for livestock, even for steers and 
spayed heifers, but that some States allow animals to be moved to 
livestock markets without a certificate because of the APHIS 
requirement for a veterinarian to be present at those facilities. That 
same commenter went on to remark that, in light of the increasing world 
trade in animals, it would not be prudent to reduce the opportunity for 
veterinary inspection. The second commenter offered a similar 
observation, stating that the United States has successfully eradicated 
or controlled many diseases due in large part to the presence of 
qualified veterinarians at its livestock markets.
    On the same subject, a third commenter stated that it was unclear 
as to whether a veterinarian would have to be present at a livestock 
facility when animals were received from another State. As an example, 
the commenter stated that test-eligible cattle could arrive at an 
approved livestock facility from a brucellosis Class Free State without 
a health certificate. In such a case, the commenter asked, would an 
accredited veterinarian or APHIS or State representative have to be 
present to receive the animals, or would the approved livestock 
facility's employees be authorized to check for health certificates?
    Closely related to those concerns about the presence of 
veterinarians at livestock facilities were the concerns of three 
commenters who opposed the proposed provision of paragraph (7) of the 
livestock facility agreement in Sec. 71.20(a) that would prohibit the 
sale of any livestock that show signs of being infected with any 
infectious, contagious, or communicable disease without the 
authorization of an APHIS representative, State representative, or 
accredited veterinarian. One of those commenters pointed out that 
animals could be moving through an approved facility on a sale day when 
there is no APHIS, State, or accredited veterinarian on the premises--
which is a possibility under paragraph (1) of the livestock facility 
agreement--then a determination as to the health status of those 
animals would be the responsibility of the facility's employees, i.e., 
lay people without the training or scientific background to make such a 
determination. Another commenter stated that 25 States currently have 
laws that either exempt or restrict implied warranties in livestock 
sales transactions. According to the commenter, most of those State 
laws are conditioned upon compliance with, or showing a reasonable 
effort to comply with, Federal and State animal health laws. Without a 
veterinarian present at the facility, the commenter argued, this 
proposed provision would set an unreasonably high standard and thus 
adversely affect the protection afforded to livestock facilities by 
those State laws.
    After reviewing and considering the comments discussed in the 
preceding paragraphs, we believe that the commenters have raised 
several valid points regarding the disease control and surveillance, 
regulatory, and liability ramifications of our proposal to require the 
presence of an APHIS veterinarian, State veterinarian, or accredited 
veterinarian at approved livestock facilities only on specified sale 
days. Therefore, based on those comments, we have changed paragraphs 
(1) and (2) of the livestock facility agreement in Sec. 71.20(a) in 
this final rule to retain the requirement that an APHIS veterinarian, 
State veterinarian, or accredited veterinarian be present on all sale 
days.

Combined Livestock Facility Agreement

    One commenter opposed the proposal to combine the livestock 
facility agreements for cattle and bison, swine, and horses into a 
single agreement in Sec. 71.20 on the grounds that some facility 
operators may be unwilling or unqualified to operate a facility for all 
three classes of livestock. It was not our intention to require all 
approved livestock facilities to accept all three classes of livestock. 
In the ``Background'' section of the proposed rule, we stated ``When 
completing the agreement, the operator of the livestock facility would 
indicate which animals and classes of animals the facility would accept 
by initialing the appropriate paragraphs of the agreement.'' In 
Sec. 71.20(a), under the heading ``Standards for Handling Different 
Classes of Livestock'' following paragraph (13), the agreement itself 
states ``By his or her initials, the operator of the facility shall 
signify the class or classes of livestock that the facility will 
handle.'' Thus, we do not believe that the livestock facility 
agreement, as presented in the proposed rule and in this final rule, 
would require any livestock facility operators to accept all classes of 
livestock. Therefore, we have made no changes in this final rule based 
on that comment.

Release of Swine

    Paragraph (15)(v) of the livestock facility agreement in 
Sec. 71.20(a) states that ``no release shall be issued for the removal 
of feeder swine or breeder swine from the livestock facility until the 
swine are officially identified in accordance with applicable Federal 
or State regulations and have been inspected by an APHIS 
representative, State representative, or accredited veterinarian, and 
certified in accordance with applicable Federal or State regulations.'' 
One commenter stated that the paragraph's requirement for all feeder 
swine and breeder swine to be inspected by an APHIS representative, 
State representative, or accredited veterinarian prior to release is 
overly restrictive, especially in States that are classified as 
brucellosis free and in the latter stages of pseudorabies eradication.
    It appears that the inspection-before-release provision of 
paragraph (15)(v) in the livestock facility agreement in Sec. 71.20(a) 
was inadvertently carried over from the hog cholera regulations in part 
76, which are being removed by this final rule. That provision, as 
noted by the commenter, is inconsistent with the brucellosis 
regulations in part 78 and the pseudorabies regulations in part 85. 
Therefore, because paragraph (15)(i) of the agreement already states 
that swine must be received, handled, and released by the facility only 
in accordance with 9 CFR parts 71, 78, and 85, and because paragraph 
(8) of the agreement requires all livestock to be officially identified 
as required by those regulations, we have removed paragraph 
Sec. 71.20(a)(15)(v) in this final rule. Paragraph (15)(vi) has been 
redesignated as paragraph (15)(v). We have also removed the reference 
to official identification in that paragraph because, as noted 
previously, that requirement is already set forth in paragraph (8) of 
the agreement.

Rules of Practice

    One commenter was concerned by the language of proposed 
Sec. 71.20(b)(1) and (b)(2) regarding rules of practice for hearings 
that may be held to resolve any conflict of material fact concerning a 
denial or withdrawal of approval for a livestock facility. As presented 
in the proposed rule, the regulations state that

[[Page 27932]]

rules of practice for such hearings will be adopted by the 
Administrator of APHIS. The commenter believed that by allowing the 
rules of practice to be adopted on a case-by-case basis, this provision 
``flies in the face of consistency and fairness.'' The commenter 
suggested that APHIS should either abide by established U.S. Department 
of Agriculture rules of procedure or adopt and publish a standard set 
of rules of practice for use in withdrawal hearing cases.
    Uniform rules of practice such as those sought by the commenter are 
used for a formal Administrative Procedures Act (APA) hearing before an 
administrative law judge. The hearings provided for by this final rule 
are non-APA proceedings that would be held before a hearing officer, 
not an administrative law judge, so those uniform rules of practice are 
not applicable. The due process rights of a person whose livestock 
facility approval has been denied or withdrawn are met in this rule by 
its notice and opportunity for that person to be heard before a 
qualified hearing officer. Therefore, we have made no changes in this 
rule based on that comment.

Identification of Livestock

    One commenter supported the use of premises identification numbers, 
but questioned why APHIS did not provide for the use of premises 
identification numbers for animals other than swine. That commenter 
also stated that it may be necessary to establish minimal standards for 
assigning premises identification numbers to provide for uniformity 
within and between States, especially if APHIS allows for their use to 
identify animals other than swine. The definition of premises 
identification number does not include or exclude any specific animals 
but, as the commenter noted, the proposed rule did explicitly provide 
for their use for swine identification only. We believe, however, that 
the commenter is correct in suggesting that premises identification 
numbers could be used to identify animals other than swine. Therefore, 
to provide for the use of premises identification numbers to identify 
cattle, which is the only other class of livestock that currently 
requires such identification under the livestock regulations, this 
final rule amends the definition of official eartag in Sec. 71.1 and 
Sec. 78.1 to provide for the use of a premises identification number on 
an official eartag. With regard to the commenter's concerns regarding 
the need for minimal standards for the issuance of premises 
identification numbers, we believe that the definition of premises 
identification number, as proposed, provides a sufficient degree of 
guidance for the issuance of numbers. That definition provides that 
unique numbers that begin with the State's two-letter postal 
abbreviation will be assigned by the State animal health official to 
epidemiologically distinct livestock production units. It appears that 
any further guidance would have to be administrative in nature, and we 
do not believe that it is necessary to dictate how individual State 
animal health officials should, for example, distribute numbers or keep 
records.
    Also with regard to premises identification numbers, one commenter 
questioned the need for a space between the State's two-letter postal 
abbreviation and premises' assigned number, noting that other official 
alpha-numeric systems do not require a space. We acknowledge that a 
space is not necessary in a premises identification number. We have, 
therefore, amended the definition of premises identification number in 
this final rule to remove the requirement for a space between the 
State's two-letter postal abbreviation and the premises' assigned 
number.
    One commenter asked that we consider amending Sec. 71.19 to remove 
all references to identifying swine moved in ``interstate commerce'' 
and replace them with references to swine ``moved interstate.'' Because 
our proposed changes to Sec. 71.19 dealt only with means of swine 
identification--i.e. tattoos and eartags--and not with determining 
which swine must be identified, that comment is outside the scope of 
this rulemaking. Any changes to the regulations based on that comment 
would have to be part of a future rulemaking.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the changes discussed in this document.

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.
    This rule amends 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 
and by removing 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. The changes to the livestock market approval 
provisions were recommended following a review of APHIS' regulations, 
programs, and policies regarding livestock markets and stockyards; the 
hog cholera regulations will be removed because the United States has 
been free of hog cholera since 1978 and import requirements have proven 
adequate to prevent the reintroduction of the disease into this 
country. These actions will eliminate unnecessary or duplicative 
regulations and remove the implication that hog cholera has not yet 
been eradicated in the United States.
    We estimate that combining livestock market approval provisions for 
horses, swine, cattle, and bison into a single section and, thus, 
reducing the livestock market agreement to one form will reduce the 
number of approvals from 4,800 to fewer than 1,800 because each 
livestock facility and stockyard will need only one approval. Many 
livestock facilities and stockyards now have three approvals. APHIS 
does not charge a user fee for inspections or approvals, so livestock 
facilities will not experience a reduction in costs. However, this rule 
change will reduce the amount of paperwork associated with livestock 
facility approvals.
    The removal of the hog cholera regulations in 9 CFR parts 56 and 76 
will not have any economic impact on livestock markets or stockyards or 
any other entity. Hog cholera has been eradicated in the United States 
since 1978 and there are no enforcement measures currently in place.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

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 in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings

[[Page 27933]]

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects

9 CFR Part 51

    Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and 
recordkeeping requirements.

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 75

    Animal diseases, Horses, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

9 CFR Part 76

    Animal diseases, Hogs, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

9 Part CFR 80

    Animal diseases, Livestock, Transportation.

9 CFR Part 85

    Animal diseases, Livestock, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, we are amending chapter I, title 9, of the Code of 
Federal Regulations as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

    1. The authority citation for part 51 is revised to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 51.1  [Amended]

    2. In Sec. 51.1, the definition of Specifically approved stockyard 
is amended by removing the reference ``Sec. 78.44'' and adding the 
reference ``Sec. 71.20'' in its place.

PART 56--[RESERVED]

    3. Part 56 is removed and reserved.

PART 71--GENERAL PROVISIONS

    4. 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).

    5. Section 71.1 is amended as follows:
    a. By removing the definitions of accredited herd, APHIS inspector, 
designated dipping station, recognized slaughtering center, and 
stockers and feeders.
    b. By adding, in alphabetical order, definitions of APHIS 
representative, approved livestock facility, breeder swine, feeder 
swine, horses, livestock, premises identification number, and slaughter 
swine to read as set forth below.
    c. In the definition of livestock market, by removing the word 
``swine'' and adding the word ``livestock'' in its place.
    d. By revising the definition of official eartag to read as set 
forth below.


Sec. 71.1  Definitions.

* * * * *
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Approved livestock facility. A stockyard, livestock market, buying 
station, concentration point, or any other premises under State or 
Federal veterinary supervision where livestock are assembled and that 
has been approved under Sec. 71.20.
* * * * *
    Breeder swine. Sexually intact swine over 6 months of age.
* * * * *
    Feeder swine. Swine under 6 months of age that are not slaughter 
swine.
* * * * *
    Horses. Horses, asses, mules, ponies, and zebras.
* * * * *
    Livestock. Horses, cattle, bison, sheep, and swine.
* * * * *
    Official eartag. An identification eartag approved by APHIS as 
being tamper-resistant and as conforming to the alpha-numeric National 
Uniform Eartagging System, which provides unique identification for 
each animal, or as bearing a valid premises identification number.
* * * * *
    Premises identification number. A unique number assigned by the 
State animal health official to a livestock production unit that is, in 
the judgment of the State animal health official or area veterinarian 
in charge, epidemiolog-ically distinct from other livestock production 
units. A premises identification number shall consist of the State's 
two-letter postal abbreviation followed by the premises' assigned 
number. A premises identification number may be used in conjunction 
with a producer's own livestock production numbering system to provide 
a unique identification number for an animal.
* * * * *
    Slaughter swine. Swine being sold or moved for slaughter purposes 
only.
* * * * *


Sec. 71.3  [Amended]

    6. Section 71.3 is amended as follows:
    a. In paragraph (a), the words ``hog cholera,'' are removed and the 
word ``pseudorabies,'' is added in their place.
    b. In paragraph (b), the words ``hog cholera,'' are added 
immediately after the words ``African swine fever,''.
    c. In paragraph (c)(2), the reference ``Sec. 77.8'' is removed and 
the reference ``Sec. 77.5'' is added in its place.
    d. In paragraph (d), introductory text, in the second proviso, the 
word ``inspector'' is removed and the word ``representative'' is added 
in its place.
    e. In paragraph (d)(5), first sentence, the word ``inspector'' is 
removed and the word ``representative'' is added in its place.


Sec. 71.4  [Amended]

    7. Section 71.4 is amended as follows:
    a. In paragraph (a), at the end of the first sentence, the word 
``inspector'' is removed and the word ``representative'' is added in 
its place; at the beginning of the second sentence, the words ``such 
inspector'' are removed and the words ``an APHIS or State 
representative'' are added in their place; and near the end of the 
second sentence, the words ``such an inspector'' are removed and the 
words ``an APHIS or State representative'' are added in their place.
    b. In paragraph (b), the word ``inspector'' is removed and the word 
``representative'' is added in its place.


Sec. 71.5  [Amended]

    8. In Sec. 71.5, the undesignated regulatory text are amended by 
removing the word ``inspector'' both

[[Page 27934]]

times it appears and by adding the word ``representative'' in its 
place.


Sec. 71.6  [Amended]

    9. In Sec. 71.6, paragraphs (a) and (b) are amended by removing the 
word ``inspector'' both times it appears and by adding the word 
``representative'' in its place.


Sec. 71.13  [Amended]

    10. In Sec. 71.13, the section heading and the undesignated 
regulatory text are amended by removing the word ``inspector'' each 
time it appears and adding the word ``representative'' in its place.


Sec. 71.16  [Amended]

    11. In Sec. 71.16, paragraph (a) is amended by removing the word 
``inspector'' both times it appears and by adding the word 
``representative'' in its place.


Sec. 71.18  [Amended]

    12. Section 71.18 is amended as follows:
    a. In the introductory text of paragraph (a), in the first 
sentence, the words ``Secs. 78.9(a)(3)(iv), 78.9(b)(3)(iv), 
78.9(c)(3)(iv), and 78.9(d)(3)(vii)'' are removed and the words 
``Secs. 78.9(a)(3)(ii), 78.9(b)(3)(iv), and 78.9(c)(3)(iv)'' are added 
in their place.
    b. In paragraph (a)(1)(i), footnote 1, the words ``Veterinary 
Services'' are removed both times they appear and the word ``APHIS'' is 
added in their place.
    c. Paragraphs (a)(1)(i)(a) through (a)(1)(i)(g) are redesignated as 
paragraphs (a)(1)(i)(A) through (a)(1)(i)(G).
    d. Paragraphs (a)(1)(ii)(a) through (a)(1)(ii)(f) are redesignated 
as paragraphs (a)(1)(ii)(A) through (a)(1)(ii)(F).
    e. Paragraphs (a)(1)(iii)(a) through (a)(1)(iii)(g) are 
redesignated as paragraphs (a)(1)(iii) (A) through (a)(1)(iii)(G).
    f. In paragraph (a)(2), in the second sentence, the word 
``inspector'' is removed and the word ``representative'' is added in 
its place.
    g. In paragraph (a)(5), the words ``Sec. 78.44 of this chapter'' 
are removed and the reference ``Sec. 71.20'' is added in its place.
    13. Section 71.19 is amended as follows:
    a. In the introductory text of paragraph (a)(1), the words ``they 
are individually'' are removed and the words ``each swine is'' are 
added in their place.
    b. In paragraph (b)(5), the word ``and'' at the end of the 
paragraph is removed. c. Paragraph (b)(6) is revised and a new 
paragraph (b)(7) is added to read as follows:


Sec. 71.19  Identification of swine in interstate commerce.

* * * * *
    (b) * * *
    (6) Tattoos on the ear or inner flank of any swine, if the tattoos 
have been recorded in the book of record of a swine registry 
association; and
    (7) An eartag or tattoo bearing the premises identification number 
assigned by the State animal health official to the premises on which 
the swine originated.
* * * * *
    14. A new Sec. 71.20 is added to read as follows:


Sec. 71.20  Approval of livestock facilities.

    (a) To qualify for approval by the Administrator as an approved 
livestock facility 6 and to retain such designation, the 
individual legally responsible for the day-to-day operations of the 
livestock facility shall execute the following agreement:
---------------------------------------------------------------------------

    \6\ A list of approved livestock facilities may be obtained by 
writing to National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

AGREEMENT--APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT 
TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS

[Name of facility]
[Address and telephone number of facility]
    I, [name of the individual legally responsible for the day-to-
day operations of the livestock facility], operator of [name of 
facility], hereby agree to maintain and operate the livestock 
facility located at [address of premises] in accordance with the 
applicable provisions of this agreement and Chapter I, Title 9, of 
the Code of Federal Regulations (9 CFR).

Cooperation

    (1) The State animal health official and the area veterinarian 
in charge shall be provided with a schedule of the facility's sale 
days, which shall indicate the types of animals that will be handled 
at the facility on each sale day, and shall be apprised of any 
changes to that schedule prior to the implementation of the changes.
    (2) An accredited veterinarian, State representative, or APHIS 
representative shall be on the facility premises on all sale days to 
perform duties in accordance with State and Federal regulations.
    (3) State representatives and APHIS representatives shall be 
granted access to the facility during normal business hours to 
evaluate whether the facility and its operations are in compliance 
with the applicable provisions of this agreement and 9 CFR parts 71, 
75, 78, and 85.
    (4) An APHIS representative, State representative, or accredited 
veterinarian shall be immediately notified of the presence at the 
facility of any livestock that are known to be infected, exposed, or 
suspect, or that show signs of possibly being infected, with any 
infectious, contagious, or communicable disease.
    (5) Any reactor, suspect, or exposed livestock shall be held in 
quarantined pens apart from all other livestock at the facility.
    (6) No reactor, suspect, or exposed livestock, nor any livestock 
that show signs of being infected with any infectious, contagious, 
or communicable disease, may be sold at the facility, except as 
authorized by an APHIS representative, State representative, or 
accredited veterinarian.

Records

    (7) Documents such as weight tickets, sales slips, and records 
of origin, identification, and destination that relate to livestock 
that are in, or that have been in, the facility shall be maintained 
by the facility for a period of 2 years. APHIS representatives and 
State representatives shall be permitted to review and copy those 
documents during normal business hours.

Identification

    (8) All livestock must be officially identified in accordance 
with the applicable regulations in 9 CFR parts 71, 75, 78, and 85 at 
the time of, or prior to, entry into the facility.

Cleaning and Disinfection

    (9) The facility, including all yards, docks, pens, alleys, sale 
rings, chutes, scales, means of conveyance, and their associated 
equipment, shall be maintained in a clean and sanitary condition. 
The operator of the facility shall be responsible for the cleaning 
and disinfection of the facility in accordance with 9 CFR part 71 
and for maintaining an adequate supply of disinfectant and 
serviceable equipment for cleaning and disinfection.

General Facilities and Equipment Standards

    (10) All facilities and equipment shall be maintained in a state 
of good repair. The facility shall contain well-constructed and 
well-lighted livestock handling chutes, pens, alleys, and sales 
rings for the inspection, identification, vaccination, testing, and 
branding of livestock.
    (11) Quarantined pens shall be clearly labeled with paint or 
placarded with the word ``Quarantined'' or the name of the disease 
of concern, and shall be cleaned and disinfected in accordance with 
9 CFR part 71 before being used to pen livestock that are not 
reactor, suspect, or exposed animals.
    (12) Quarantined pens shall have adequate drainage, and the 
floors and those parts of the walls of the quarantined pens with 
which reactor, or suspect, or exposed livestock, their excrement, or 
discharges may have contact shall be constructed of materials that 
are substantially impervious to moisture and able to withstand 
continued cleaning and disinfection.
    (13) Electrical outlets shall be provided at the chute area for 
branding purposes.

[[Page 27935]]

Standards for Handling Different Classes of Livestock

(By his or her initials, the operator of the facility shall signify 
the class or classes of livestock that the facility will handle.)
    (14) Cattle and bison:

--This facility will handle cattle and bison: [Initials of operator, 
date]
--This facility will handle cattle and bison known to be brucellosis 
reactors, suspects, or exposed: [Initials of operator, date]
--This facility will not handle cattle and bison known to be 
brucellosis reactors, suspects, or exposed and such cattle and bison 
will not be permitted to enter the facility: [Initials of operator, 
date]

    (i) Cattle and bison shall be received, handled, and released by 
the facility only in accordance with 9 CFR parts 71 and 78.
    (ii) All brucellosis reactor, brucellosis suspect, and 
brucellosis exposed cattle or bison arriving at the facility shall 
be placed in quarantined pens and consigned from the facility only 
in accordance with 9 CFR part 78.
    (iii) Any cattle or bison classified as brucellosis reactors at 
the facility shall be identified in accordance with 9 CFR part 78, 
placed in quarantined pens, and consigned from the facility only to 
a recognized slaughtering establishment or an approved intermediate 
handling facility in accordance with 9 CFR part 78.
    (iv) Any cattle or bison classified as brucellosis exposed at 
the facility shall be identified in accordance with 9 CFR part 78, 
placed in quarantined pens, and consigned from the facility only to 
a recognized slaughtering establishment, approved intermediate 
handling facility, quarantined feedlot, or farm of origin in 
accordance with 9 CFR part 78.
    (v) The identity of cattle from Class Free States or areas and 
Class A States or areas shall be maintained.
    (vi) The identity of cattle from Class B States or areas shall 
be maintained, and test-eligible cattle from Class B States or areas 
shall not be placed in pens with cattle from any other area until 
they have fulfilled the requirements of 9 CFR part 78 for release 
from the facility.
    (vii) The identity of cattle from Class C States or areas shall 
be maintained, and test-eligible cattle from Class C States or areas 
shall not be placed in pens with cattle from any other area until 
they have fulfilled the requirements of 9 CFR part 78 for release 
from the facility.
    (viii) The identity of cattle from quarantined areas shall be 
maintained, and test-eligible cattle from quarantined areas shall 
not be placed in pens with cattle from any other area until they 
have fulfilled the requirements of 9 CFR part 78 for release from 
the facility.
    (ix) Test-eligible cattle that are penned with test-eligible 
cattle from a lower class State or area, in violation of this 
agreement, shall have the status of the State or area of lower class 
for any subsequent movement.
    (x) Laboratory space shall be furnished and maintained for 
conducting diagnostic tests. All test reagents, testing equipment, 
and documents relating to the State-Federal cooperative eradication 
programs on the facility's premises shall be secured to prevent 
misuse and theft. Adequate heat, cooling, electricity, water piped 
to a properly drained sink, and sanitation shall be provided for 
properly conducting diagnostic tests.
    (15) Swine:

--This facility will handle breeding swine: [Initials of operator, 
date]
--This facility will handle slaughter swine: [Initials of operator, 
date]
--This facility will handle feeder swine: [Initials of operator, 
date]
--This facility will handle pseudorabies reactor, suspect, or 
exposed swine: [Initials of operator, date].
--This facility will not handle swine known to be pseudorabies 
reactor, suspect, or exposed swine and such swine will not be 
permitted to enter the facility: [Initials of operator, date].

    (i) Swine shall be received, handled, and released by the 
livestock facility only in accordance with 9 CFR parts 71, 78, and 
85.
    (ii) Slaughter swine may be handled only on days when no feeder 
swine or breeder swine are present at the facility, unless the 
facility has provisions to keep slaughter swine physically separated 
from feeder swine and breeder swine or unless those areas of the 
facility used by slaughter swine have been cleaned and disinfected 
before being used by feeder swine or breeder swine.
    (iii) No feeder swine or breeder swine may remain in the 
livestock facility for more than 72 hours, and no slaughter swine 
may remain in the livestock market for more than 120 hours.
    (iv) Feeder swine shall be kept separate and apart from other 
swine while in the livestock facility.
    (v) No release shall be issued for the removal of slaughter 
swine from the livestock facility unless the slaughter swine are 
consigned for immediate slaughter or to another slaughter market and 
the consignee is identified on the release document.
    (16) Horses:

--This facility will handle horses: [Initials of operator, date]
--This facility will handle equine infectious anemia (EIA) reactors: 
[Initials of operator, date]
--This facility will not handle horses known to be EIA reactors and 
will not permit EIA reactors to enter the facility: [Initials of 
operator, date]

    (i) Horses shall be received, handled, and released by the 
livestock facility only in accordance with 9 CFR parts 71 and 75.
    (ii) Any horses classified as EIA reactors and accepted by the 
facility for sale shall be placed in quarantined pens at least 200 
yards from all non-EIA-reactor horses or other animals, unless 
moving out of the facility within 24 hours of arrival.
    (iii) Any horses classified as EIA reactors and accepted by the 
facility for sale shall be consigned from the facility only to a 
slaughtering establishment or to the home farm of the reactor in 
accordance with 9 CFR part 75.
    (iv) Fly Control Program: The livestock facility shall have in 
effect a fly control program utilizing at least one of the 
following: Baits, fly strips, electric bug killers (``Fly Zappers,'' 
``Fly Snappers,'' or similar equipment), or the application of a 
pesticide effective against flies, applied according to the schedule 
and dosage recommended by the manufacturer for fly control.

Approvals

    (17) Request for approval:
    I hereby request approval for this facility to operate as an 
approved livestock facility for the classes of livestock indicated 
in paragraphs (14) through (16) of this agreement. I acknowledge 
that I have received a copy of 9 CFR parts 71, 75, 78 and 85, and 
acknowledge that I have been informed and understand that failure to 
abide by the provisions of this agreement and the applicable 
provisions of 9 CFR parts 71, 75, 78, and 85 constitutes a basis for 
the withdrawal of this approval. [Printed name and signature of 
operator, date of signature]
    (18) Pre-approval inspection of livestock facility conducted by 
[printed name and title of APHIS representative] on [date of 
inspection].
    (19) Recommend approval:
    [Printed name and signature of State animal health official, 
date of signature]
    [Printed name and signature of area veterinarian in charge, date 
of signature]
    (20) Approval granted:
    [Printed name and signature of the Administrator, Animal and 
Plant Health Inspection Service, date of signature]

    (b) Denial and withdrawal of approval. The Administrator may deny 
or withdraw the approval of a livestock facility to receive livestock 
moved interstate under this subchapter upon a determination that the 
livestock facility is not or has not been maintained and operated in 
accordance with the agreement set forth in paragraph (a) of this 
section.
    (1) In the case of a denial, the operator of the facility will be 
informed of the reasons for the denial and may appeal the decision in 
writing to the Administrator within 10 days after receiving 
notification of the denial. The appeal must include all of the facts 
and reasons upon which the person relies to show that the livestock 
facility was wrongfully denied approval to receive livestock moved 
interstate under this subchapter. The Administrator will grant or deny 
the appeal in writing as promptly as circumstances permit, stating the 
reason for his or her decision. If there is a conflict as to any 
material fact, a hearing will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator.
    (2) In the case of withdrawal, before such action is taken, the 
operator of the facility will be informed of the reasons for the 
proposed withdrawal. The operator of the facility may appeal the 
proposed withdrawal in writing to the Administrator within 10 days 
after

[[Page 27936]]

being informed of the reasons for the proposed withdrawal. The appeal 
must include all of the facts and reasons upon which the person relies 
to show that the reasons for the proposed withdrawal are incorrect or 
do not support the withdrawal of the approval of the livestock facility 
to receive livestock moved interstate under this subchapter. The 
Administrator will grant or deny the appeal in writing as promptly as 
circumstances permit, stating the reason for his or her decision. If 
there is a conflict as to any material fact, a hearing will be held to 
resolve the conflict. Rules of practice concerning the hearing will be 
adopted by the Administrator. However, withdrawal shall become 
effective pending final determination in the proceeding when the 
Administrator determines that such action is necessary to protect the 
public health, interest, or safety. Such withdrawal shall be effective 
upon oral or written notification, whichever is earlier, to the 
operator of the facility. In the event of oral notification, written 
confirmation shall be given as promptly as circumstances allow. This 
withdrawal shall continue in effect pending the completion of the 
proceeding, and any judicial review thereof, unless otherwise ordered 
by the Administrator.
    (3) Approval for a livestock facility to handle livestock under 
this subchapter will be automatically withdrawn by the Administrator 
when:
    (i) The operator of the facility notifies the Administrator, in 
writing, that the facility no longer handles livestock moved interstate 
under this subchapter; or
    (ii) The person who signed the agreement executed in accordance 
with paragraph (a) of this section is no longer responsible for the 
day-to-day operations of the facility.

PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND 
ZEBRAS

    15. The authority citation for part 75 continues to read as 
follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and 
134-134h; 7 CFR 2.22, 2.80, and 371.2(d).

    16. Section 75.4 is amended as follows:
    a. The section heading is revised to read as set forth below.
    b. In paragraph (a), the definition of Approved stockyard is 
amended by removing the words ``this part'' and by adding the words 
``Sec. 71.20 of this chapter'' in their place.
    c. In paragraph (c), the paragraph heading is amended by removing 
the words ``, Diagnostic or Research Facilities, and Stockyards'' and 
by adding the words ``and Diagnostic or Research Facilities'' in their 
place, and paragraph (c)(3) and the agreement following it are removed.
    d. In paragraph (d), the introductory text of the paragraph, 
including the paragraph heading, and paragraphs (d)(1) and (d)(2) are 
revised to read as set forth below, and paragraph (d)(5) is removed.


Sec. 75.4  Interstate movement of equine infectious anemia reactors and 
approval of laboratories, diagnostic facilities, and research 
facilities.

* * * * *
    (d) Denial and withdrawal of approval of laboratories and 
diagnostic or research facilities. The Administrator may deny or 
withdraw approval of any laboratory to conduct the official test, or of 
any diagnostic or research facility to receive reactors moved 
interstate, upon a determination that the laboratory or diagnostic or 
research facility does not meet the criteria for approval under 
paragraph (c) of this section.
    (1) In the case of a denial, the operator of the laboratory or 
facility will be informed of the reasons for denial and may appeal the 
decision in writing to the Administrator within 10 days after receiving 
notification of the denial. The appeal must include all of the facts 
and reasons upon which the person relies to show that the laboratory or 
facility was wrongfully denied approval to conduct the official test or 
receive reactors moved interstate. The Administrator will grant or deny 
the appeal in writing as promptly as circumstances permit, stating the 
reason for his or her decision. If there is a conflict as to any 
material fact, a hearing will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator.
    (2) In the case of withdrawal, before such action is taken, the 
operator of the laboratory or facility will be informed of the reasons 
for the proposed withdrawal. The operator of the laboratory or facility 
may appeal the proposed withdrawal in writing to the Administrator 
within 10 days after being informed of the reasons for the proposed 
withdrawal. The appeal must include all of the facts and reasons upon 
which the person relies to show that the reasons for the proposed 
withdrawal are incorrect or do not support the withdrawal of the 
approval of the laboratory or facility to conduct the official test or 
receive reactors moved interstate. The Administrator will grant or deny 
the appeal in writing as promptly as circumstances permit, stating the 
reason for his or her decision. If there is a conflict as to any 
material fact, a hearing will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator. 
However, the withdrawal shall become effective pending final 
determination in the proceeding when the Administrator determines that 
such action is necessary to protect the public health, interest, or 
safety. Such withdrawal shall be effective upon oral or written 
notification, whichever is earlier, to the operator of the laboratory 
or facility. In the event of oral notification, written confirmation 
shall be given as promptly as circumstances allow. The withdrawal shall 
continue in effect pending the completion of the proceeding, and any 
judicial review thereof, unless otherwise ordered by the Administrator.
* * * * *

PART 76--[RESERVED]

    17. Part 76 is removed and reserved.

PART 78--BRUCELLOSIS

    18. 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).

    19. Section 78.1 is amended as follows:
    a. In the definition of Approved intermediate handling facility, 
the reference ``Sec. 78.44(b)'' is removed and the words ``Sec. 71.20 
of this chapter'' are added in its place.
    b. By revising the definition of Official eartag to read as set 
forth below.
    c. In the definition of Originate, paragraph (c), the reference 
``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter'' 
are added in its place.
    d. In definition of Specifically approved stockyard, the reference 
``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter'' 
are added in its place.


Sec. 78.1  Definitions.

* * * * *
    Official eartag. An identification eartag approved by APHIS as 
being tamper-resistant and as conforming to the alpha-numeric National 
Uniform Eartagging System, which provides unique identification for 
each animal, or as bearing a valid premises identification number.
* * * * *
    20. Section 78.33 is revised to read as follows:


Sec. 78.33  Sows and boars.

    (a) Sows and boars may be moved in interstate commerce for 
slaughter or for

[[Page 27937]]

sale for slaughter if they are identified in accordance with Sec. 71.19 
of this chapter either:
    (1) Before being moved in interstate commerce and before being 
mixed with swine from any other source; or
    (2) After being moved in interstate commerce but before being mixed 
with swine from any other source only if they have been moved directly 
from their herd of origin to:
    (i) A recognized slaughtering establishment; or
    (ii) A stockyard, market agency, or dealer operating under the 
Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.).
    (b) Sows and boars may be moved in interstate commerce for breeding 
only if they are identified in accordance with Sec. 71.19 of this 
chapter before being moved in interstate commerce and before being 
mixed with swine from any other source, and the sows and boars either:
    (1) Are from a validated brucellosis-free herd or a validated 
brucellosis-free State and are accompanied by a certificate that 
states, in addition to the items specified in Sec. 78.1, that the swine 
originated in a validated brucellosis-free herd or a validated 
brucellosis-free State; or
    (2) Have tested negative to an official test conducted within 30 
days prior to interstate movement and are accompanied by a certificate 
that states, in addition to the items specified in Sec. 78.1, the dates 
and results of the official tests.
    (c) Sows and boars may be moved in interstate commerce for purposes 
other than slaughter or breeding without restriction under this subpart 
if they are identified in accordance with Sec. 71.19 of this chapter.

Subpart E--[Heading Amended]

    21. The heading of subpart E is amended by removing the words ``, 
and Specifically Approved Stockyards''.


Sec. 78.44  [Removed]

    22. Section 78.44 is removed.

PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS

    23. The authority citation for part 80 continues to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and 
125; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 80.1  [Amended]

    24. In Sec. 80.1, paragraph (j) is amended by removing the 
reference ``Sec. 78.44'' and by adding the words ``Sec. 71.20 of this 
chapter'' in its place.

PART 85--PSEUDORABIES

    25. The authority citation for part 85 continues to read as 
follows:

    Authority: 21 U.S.C. 111, 112, 113, 115, 117, 120, 121, 123-126, 
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 85.1  [Amended]

    26. In Sec. 85.1, in the definition of Approved livestock market, 
the words ``Sec. 76.18 (9 CFR 76.18)'' are removed and the words 
``Sec. 71.20 of this chapter'' are added in their place.
    27. In Sec. 85.1, in the definition of Slaughter market, the words 
``Sec. 76.18 (9 CFR 76.18)'' are removed and the words ``Sec. 71.20 of 
this chapter'' are added in their place.


Sec. 85.12  [Amended]

    28. Section 85.12 is amended by removing the reference 
``Sec. 76.30'' and by adding the reference ``Sec. 71.7'' in its place.


Sec. 85.13  [Amended]

    29. Section 85.13 is amended by removing the reference 
``Sec. 76.31'' and by adding the reference ``Sec. 71.7'' in its place.

    Done in Washington, DC, this 19th day of May 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-13499 Filed 5-21-97; 8:45 am]
BILLING CODE 3410-34-P