[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Rules and Regulations]
[Page 54059-54063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-3]
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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]
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