[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Rules and Regulations]
[Pages 54059-54063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21787]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 77, 78, 79, and 80

[Docket No. APHIS-2008-0077]
RIN 0579-AC84


National Animal Identification System; Use of 840 Animal 
Identification Numbers for U.S.-Born Animals Only

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations concerning the interstate

[[Page 54060]]

movement of animals to limit the use of the animal identification 
number (AIN) with the 840 prefix to animals born in the United States. 
In addition, we are extending the restrictions on the removal of 
official identification devices to include devices applied to imported 
animals in their countries of origin. We are also requiring that if 
such a device is lost following importation into the United States, the 
animal may only be retagged with an official identification device 
using a numbering system other than an AIN beginning with an 840 
prefix. These requirements are necessary to enhance our traceback 
capabilities for both domestic and imported animals in the event of a 
disease outbreak.

DATES: This interim rule is effective September 18, 2008. We will 
consider all comments that we receive on or before November 17, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0077 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0077, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0077.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. John Wiemers, Senior Staff 
Officer, National Animal Identification Staff, VS, APHIS, 2100 S. Lake 
Storey Rd., Galesburg, IL 61401; (309) 344-1942.

SUPPLEMENTARY INFORMATION: 

Background

    As part of its ongoing efforts to safeguard animal health, the U.S. 
Department of Agriculture (USDA) initiated implementation of the 
National Animal Identification System (NAIS) in 2004. The NAIS is a 
cooperative State-Federal-industry program administered by the USDA's 
Animal and Plant Health Inspection Service (APHIS).
    In an interim rule effective and published in the Federal Register 
on November 8, 2004 (69 FR 64644-64651, Docket No. 04-052-1), we 
amended the regulations to recognize the animal identification number 
(AIN) for the identification of individual animals in interstate 
commerce and State/Federal/industry cooperative disease control and 
eradication programs, the group/lot identification number (GIN) for the 
identification of groups or lots of animals, and the premises 
identification number (PIN) for the identification of premises where 
animals are managed or held. These numbering systems are key elements 
in the NAIS.
    On July 18, 2007, APHIS adopted that interim rule as a final rule 
(72 FR 39301-39307, Docket No. 04-052-2) \1\ with several changes. 
Neither the interim rule nor the final rule required the use of the 
newly recognized numbering systems.
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    \1\ To view the interim rule, the comments we received, and the 
subsequent final rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2004-0018.
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    The regulations established by the November 2004 interim and the 
July 2007 final rule describe the AIN as a number containing 15 digits, 
with the first 3 being the country code (840 for the United States), 
the alpha characters USA, or the numeric code assigned to the 
manufacturer of the identification device by the International 
Committee on Animal Recording. To the extent practical, we anticipate 
phasing out the USA and manufacturer's code numbering systems as we 
progress toward full implementation of the NAIS and recognizing as 
official only the AIN with the 840 prefix.
    In this interim rule, we are amending the definition of animal 
identification number (AIN) in Sec. Sec.  71.1, 77.2, 78.1, 79.1, and 
80.1 to limit the use of the AIN with the 840 prefix to animals born in 
the United States. Limiting the use of the 840 AIN to animals born in 
the United States will help us to determine the origin of an officially 
identified domestic animal in a more timely fashion in the event of a 
disease outbreak. As was the case with the November 2004 interim rule 
and the July 2007 final rule, the current rulemaking does not require 
producers to use the 840 AIN for the identification of individual 
animals. The regulations governing the use of AINs with other prefixes 
(e.g., USA or a manufacturer's code), and of official eartags using 
other numbering systems (e.g., the National Uniform Eartagging System, 
a premises-based number system, etc.) remain unchanged.
    The regulations in Sec. Sec.  71.1, 77.2, 78.1, 79.1, and 80.1 have 
not contained a definition of the term United States. However, they all 
contain a definition of the term State. To accommodate the change to 
the AIN definition, we are also adding to each of these sections a 
definition of United States. Consistent with the Animal Health 
Protection Act (7 U.S.C. 8302), United States is defined as ``all of 
the States.''
    Complementing the changes discussed above, we are amending the 
regulations in Sec.  71.22 to require that if an official 
identification device applied to an imported animal in its country of 
origin is lost following importation into the United States, the animal 
may only be retagged with an official identification device using a 
numbering system other than an 840 AIN. In addition, we are adding 
language to Sec.  71.22 to clarify that the restrictions contained 
therein on the removal of official identification devices extend to the 
removal of animal identification devices that are officially recognized 
by APHIS for animals entering the United States from other countries. 
Although additional official identification may be necessary for 
imported animals while they are in the United States, the retention of 
the foreign identification devices is essential for complete and proper 
traceability.
    In addition to enhancing our traceback capabilities, the regulatory 
changes contained in this interim rule will aid in the implementation 
of country of origin labeling (COOL). Under provisions contained in the 
Farm Bill of 2002, covered commodities, including certain beef, lamb, 
chicken, goat, and pork cuts and products, will be subject to COOL 
requirements beginning September 30, 2008. In order for retailers to 
accurately label these products, producers must provide country of 
origin information about the livestock from which the products were 
derived. Animal identification that meets NAIS standards can play a 
valuable role in the COOL program. Such identification may include both 
the AIN and the GIN, the latter employing a format that includes a 
seven-digit PIN.

Immediate Action

    Immediate action is necessary to enhance our animal traceback 
capabilities so that we may better contain animal disease outbreaks.

[[Page 54061]]

Immediate action will also allow producers to use the 840 AIN for 
puposes of the COOL program. Under these circumstances, the 
Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this action effective less 
than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This interim 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) or obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    This interim rule amends the regulations concerning the interstate 
movement of animals to limit the use of the AIN with the 840 prefix to 
animals born in the United States. In addition, we are extending the 
restrictions on the removal of official identification devices to 
include devices applied to imported animals in their countries of 
origin. We are also requiring that if such a device is lost following 
importation into the United States, the animal may only be retagged 
with an official identification device using a numbering system other 
than an AIN beginning with an 840 prefix. These requirements are 
necessary to enhance our traceback capabilities for both domestic and 
imported animals in the event of a disease outbreak.
    In addition to enhancing our traceback capabilities, this 
rulemaking also provides a convenient way for U.S. producers and 
retailers to comply with the COOL program. Under provisions contained 
in the Farm Bill of 2002, covered commodities, including certain beef, 
lamb, chicken, goat, and pork cuts and products, will be subject to 
COOL requirements beginning September 30, 2008. In order for retailers 
to accurately label these products, producers will need to provide 
information on the origins of their livestock. Animal identification 
that meets NAIS standards can play a valuable role in the COOL program. 
Such identification may include both the AIN and the GIN, the latter 
employing a format that includes a seven-digit PIN. This rule will 
allow producers to use the 840 AIN for puposes of the COOL program.
    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic impact of their rules on small entities. Those 
entities most likely to be affected by the rule are domestic producers 
of animal eartags and livestock producers. The Small Business 
Administration (SBA) has established guidelines for determining which 
establishments are considered small.
    The SBA small-entity size standard for North American Industry 
Classification System (NAICS) code 326199, which comprises plastic 
product manufacturers not otherwise identified, is 500 or fewer 
employees.\2\ According to the 2002 Economic Census, there were 7,892 
establishments in this category engaged in the manufacturing of plastic 
products, with over 492,000 paid employees.\3\ We do not currently have 
enough information to determine how many of these establishments 
engaged in the manufacture of plastic eartags, or how many have 500 or 
fewer employees. Limiting use of AINs beginning with the 840 prefix to 
U.S.-born animals should not affect the costs of producing tags. It 
may, however, enhance the marketability of these tags, as they can be 
used for purposes of the COOL program.
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    \2\ Table of Size Standards based on NAICS 2002. Washington, DC: 
U.S. Small Business Administration, effective October 1, 2007. Note: 
NAICS code 326199 comprises establishments primarily engaged in 
manufacturing plastic products (except film, sheet, bags, profile 
shapes, pipes, pipe fittings, laminates, foam products, bottles, 
plumbing fixtures, and resilient floor coverings).
    \3\ 2002 Economic Census--Manufacturing Series. Washington, DC: 
U.S. Census Bureau, December 2004.
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    In 2006, there were a total of 971,400 cattle operations, 65,540 
hog and pig operations, and 69,090 sheep and lamb operations in the 
United States.\4\ The overwhelming majority of these operations are 
considered small entities according to SBA standards.\5\ The interim 
rule is not expected to have significant economic effects on these 
livestock establishments, as it is not expected to affect the cost of 
animal eartags.
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    \4\ USDA-National Agricultural Statistics Service, 2007 
Agricultural Statistics, Tables 7-18, 7-26, and 7-53. Washington, 
DC: National Agricultural Statistics Service.
    \5\ The small entity definition for livestock producers (NAICS 
codes: 112111, 112120, 112210, 112410, and 112420) is one that has 
$750,000 or less in annual receipts, according to the SBA's Table of 
Size Standards.
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    Limiting use of 840 AINs to U.S.-born animals is expected to 
benefit the livestock sector generally, and producers in particular, by 
enhancing APHIS' animal disease response capabilities. The interim rule 
will also provide a readily available, convenient, effective, and cost-
effective means of complying with the COOL regulations and meeting 
requirements for State/Federal animal disease programs and interstate 
commerce. Use of the AIN with the 840 prefix will not be required, and 
other animal identification numbering systems currently permitted for 
use on official eartags, such as the National Uniform Eartagging System 
and premises-based number systems, will continue to be recognized as 
official. Therefore, no animals will be required to be retagged due to 
this rule.
    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 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.).

[[Page 54062]]

List of Subjects

9 CFR Part 71

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

9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

9 CFR Part 78

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

9 CFR Part 79

    Animal diseases, Quarantine, Sheep, Transportation.

9 CFR Part 80

    Animal diseases, Livestock, Transportation.

0
Accordingly, we are amending 9 CFR parts 71, 77, 78, 79, and 80 as 
follows:

PART 71--GENERAL PROVISIONS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
2. Section 71.1 is amended by revising the definition of animal 
identification number (AIN) and by adding a definition of United States 
to read as follows:


Sec.  71.1  Definitions.

* * * * *
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States 
providing a nationally unique identification number for each animal. 
The AIN contains 15 digits, with the first 3 being the country code 
(840 for the United States), the alpha characters USA, or the numeric 
code assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording. The AIN beginning with the 
840 prefix may be used only on animals born in the United States.
* * * * *
    United States. All of the States.
* * * * *

0
3. Section 71.22 is revised to read as follows:


Sec.  71.22  Removal and loss of official identification devices.

    Official identification devices are intended to provide permanent 
identification of livestock and to ensure the ability to find the 
source of animal disease outbreaks. Removal of these devices, including 
devices applied to imported animals in their countries of origin and 
recognized by the Administrator as official, is prohibited except at 
the time of slaughter. If an official identification device is lost and 
it is necessary to retag an animal with a new official number, every 
effort should be made to correlate the new official number with the 
previous official number of the animal. If an official identification 
device applied to an imported animal in its country of origin is lost 
following importation into the United States, the animal may only be 
retagged with an official identification device using a numbering 
system other than an animal identification number beginning with the 
840 prefix.

PART 77--TUBERCULOSIS

0
4. The authority citation for part 77 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
5. Section 77.2 is amended by revising the definition of animal 
identification number (AIN) and by adding a definition of United States 
to read as follows:


Sec.  77.2  Definitions.

* * * * *
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States 
providing a nationally unique identification number for each animal. 
The AIN contains 15 digits, with the first 3 being the country code 
(840 for the United States), the alpha characters USA, or the numeric 
code assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording. The AIN beginning with the 
840 prefix may be used only on animals born in the United States.
* * * * *
    United States. All of the States.
* * * * *

PART 78--BRUCELLOSIS

0
6. The authority citation for part 78 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
7. Section 78.1 is amended by adding ``animal identification number 
(AIN)'' and ``United States'' to the list of terms, by revising the 
definition of animal identification number (AIN) to read as follows, 
and by adding a definition of United States to read as follows:


Sec.  78.1  Definitions.

* * * * *
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States 
providing a nationally unique identification number for each animal. 
The AIN contains 15 digits, with the first 3 being the country code 
(840 for the United States), the alpha characters USA, or the numeric 
code assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording. The AIN beginning with the 
840 prefix may be used only on animals born in the United States.
* * * * *
    United States. All of the States.
* * * * *

PART 79--SCRAPIE IN SHEEP AND GOATS

0
8. The authority citation for part 79 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
9. Section 79.1 is amended by revising the definition of animal 
identification number (AIN) and by adding a definition of United States 
to read as follows:


Sec.  79.1  Definitions.

* * * * *
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States 
providing a nationally unique identification number for each animal. 
The AIN contains 15 digits, with the first 3 being the country code 
(840 for the United States), the alpha characters USA, or the numeric 
code assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording. The AIN beginning with the 
840 prefix may be used only on animals born in the United States.
* * * * *
    United States. All of the States.
* * * * *

PART 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS

0
10. The authority citation for part 80 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
11. Section 80.1 is amended by revising the definition of animal

[[Page 54063]]

identification number (AIN) and by adding a definition of United States 
to read as follows:
* * * * *


Sec.  80.1  Definitions.

* * * * *
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States 
providing a nationally unique identification number for each animal. 
The AIN contains 15 digits, with the first 3 being the country code 
(840 for the United States), the alpha characters USA, or the numeric 
code assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording. The AIN beginning with the 
840 prefix may be used only on animals born in the United States.
* * * * *
    United States. All of the States.

    Done in Washington, DC, this 12th day of September 2008.
Cindy J. Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-21787 Filed 9-17-08; 8:45 am]
BILLING CODE 3410-34-P