[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]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / 
Rules and Regulations  

[[Page 54757]]


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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.

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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]
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