[Federal Register Volume 69, Number 215 (Monday, November 8, 2004)]
[Rules and Regulations]
[Pages 64644-64651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24828]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 71, 77, 78, 79, 80, 85, and 93

[Docket No. 04-052-1]


Livestock Identification; Use of Alternative Numbering Systems

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations to recognize additional 
numbering systems for the identification of animals in interstate 
commerce and State/Federal/industry cooperative disease control and 
eradication programs. Additionally, we are amending the regulations to 
authorize the use of a numbering system to identify premises where 
animals are managed or held. These new numbering systems will be a key 
element in a national animal identification system that is being 
implemented by the U.S. Department of Agriculture, at present on a 
voluntary basis. The changes we are making to the regulations are 
necessary to allow the use of these new numbering systems for official 
purposes. Use of the new numbering systems will not, however, be 
required as a result of this rulemaking. Finally, we are amending the 
regulations to prohibit the removal of official identification devices 
and to eliminate potential regulatory obstacles to the recognition of 
emerging technologies that could offer viable alternatives to existing 
animal identification devices and methods.

DATES: This interim rule is effective November 8, 2004. We will 
consider all comments that we receive on or before January 7, 2005.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> EDOCKET (Preferred Method): Go to http://www.epa.gov/feddocket to submit or view public comments on this docket. Once you 
have entered EDOCKET, click on the ``View Open APHIS Dockets'' link to 
locate this document.
    <bullet> Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-052-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 04-052-1.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    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: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT:  Mr. Neil Hammerschmidt, Animal 
Identification Coordinator, National Center for Animal Health Programs, 
VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231; (301) 
734-5571.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) regulates the interstate movement of 
certain animals to prevent the spread of livestock and poultry diseases 
within the United States. The interstate movement regulations are 
contained in 9 CFR chapter I, subchapter C (parts 70 through 89). APHIS 
also has regulations providing for the payment of indemnity for certain 
animals that are destroyed to prevent the spread of various diseases. 
The indemnity regulations are contained in 9 CFR chapter I, subchapter 
B (parts 49 through 55). Among other things, the interstate movement 
regulations, as well as some of the indemnity regulations, contain 
requirements for the official identification of animals.
    The official numbering systems recognized under the regulations 
prior to this interim rule, such as the National Uniform Eartagging 
System, have been vital to disease control and eradication programs, 
but may not be well suited for uses outside of those programs. For 
example, many producers use separate identification numbers or methods 
for on-farm production purposes, animal data recording, genetic 
evaluation, and breed registration. Assigning multiple identification 
numbers to an animal may necessitate attaching multiple identification 
tags or devices to the animal, and some identification devices are 
inevitably lost over time. The ability to access information about a 
particular animal may also be impaired when data about that animal are 
stored in various databases under various numbering systems. 
Furthermore, as diseases such as tuberculosis, brucellosis, and 
pseudorabies are eradicated from the United States, fewer animals are 
required to be officially identified under the regulations. As a 
result, our ability to trace diseased animals back to their herds of 
origin and to trace other potentially exposed animals forward is being 
compromised.
    To address these considerations, USDA has identified the need for a 
national animal identification system (NAIS) and defined several key 
objectives for such a system. These include: (1) Allowing producers, to 
the extent possible, the flexibility to use current systems or adopt 
new ones; (2) having a system that is technology neutral, so that all 
existing effective technologies and new technologies that may be 
developed in the future may be utilized; (3) having a system that 
builds upon national data standards to ensure that a uniform and 
compatible system

[[Page 64645]]

evolves; (4) having a system that does not preclude producers from 
being able to use it with production management systems that respond to 
market incentives; and (5) designing the architecture so that the 
system does not unduly increase the role and size of the Government.
    Design and implementation of such a system are well under way (see 
http://www.aphis.usda.gov/lpa/issues/nais/nais.html). USDA is moving 
forward, first on a voluntary basis, to integrate the various types of 
animal identification programs that currently exist in the United 
States, and then will scale up to the national level, to include those 
producers and animals that are not currently in an animal 
identification program. The goal is to create an effective, uniform, 
consistent, and efficient national system.
    Key to the NAIS is the use of standardized data elements to 
identify animals and to record their movements. These data elements 
include numbering systems for individual animals, groups or lots of 
animals, and premises (locations where animals are managed or held), as 
well as for individuals or entities, such as State animal health 
officials, producer organizations, breed associations, identification 
companies, service providers, etc., that do not own or manage livestock 
but participate in the system in a variety of ways, such as allocating 
animal identification numbers to producers, tracking animal movement, 
and recording animal health data. These participants are referred to as 
non-producer participants.
    The NAIS will allow us to trace back and trace forward animals 
potentially infected with or exposed to a disease of concern. Traceback 
refers to the ability to track an animal's location over its lifespan 
and the ability to determine which animals may have been in contact 
with a diseased animal or shared a contaminated feed supply. Trace 
forward data provide locations of animals moved from a premises of 
concern that may have been exposed to a disease. When fully 
implemented, the NAIS calls for a trace to be completed within 48 hours 
of detecting a disease, enhancing our ability to contain an outbreak.
    APHIS will initially fund cooperative agreements to help State and 
Tribal governments establish premises identification systems and to 
evaluate additional identification pilot projects that could also 
become a part of the overall national animal identification system. 
Associations and other segments of the livestock industry may 
participate in State and Tribal projects. APHIS posted a request for 
proposals for these cooperative agreements in June 2004. Applications 
were reviewed and selections made in early August, and cooperative 
agreements were initiated in September 2004.
    This interim rule amends the regulations in order to provide the 
flexibility needed to facilitate the development and implementation of 
the NAIS. By adding or amending certain definitions and adding, 
removing, or amending certain regulatory provisions, this interim rule 
allows the use of additional numbering systems and devices for official 
purposes under the regulations. We are also adding provisions 
prohibiting the removal of official identification devices except at 
the time of slaughter. These actions are necessary to meet the 
livestock industry's various identification needs and to ensure our 
future ability to trace animals to and from their herds of origin. In 
keeping with the objectives of the NAIS, the use of the new numbering 
systems will be voluntary. This interim rule merely provides for the 
use of these numbering systems in instances when official 
identification is required. Other animal and premises numbering systems 
that are already recognized by the regulations, such as the National 
Uniform Eartagging System, will still be recognized by APHIS for 
purposes of official identification.

Animal Identification

    Individual animal identification is needed for tracking animals 
that, while moving through the production chain, are destined to be 
commingled with animals outside the production system in which they 
were born. The animal identification number (AIN) is a number that may 
be used for the official identification of individual animals in State/
Federal/industry cooperative disease control and eradication programs. 
In order to provide for the use of the AIN for official purposes, we 
are adding the following definition of animal identification number 
(AIN) to Sec. Sec.  71.1, 77.2, 78.1, and 80.1: ``A numbering system 
for the official identification of individual animals in the United 
States. The AIN consists of 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.''
    As we have already noted, the AIN is not a mandatory system of 
livestock identification but an approved alternative to other 
officially recognized numbering systems in use today.
    Since eartags and backtags are two of the most commonly used 
methods of animal identification, we determined that, in order to 
provide for the use of AINs on such tags, we needed to amend the 
definition of official eartag in Sec. Sec.  71.1, 77.2, 78.1, and 80.1 
and the definition of United States Department of Agriculture backtag 
in Sec. Sec.  71.1 and 78.1. The previous definition of official eartag 
only allowed for the use of the National Uniform Eartagging System or a 
premises identification number used in conjunction with the producer's 
livestock production numbering system. Similarly, the previous 
definition of United States Department of Agriculture backtag only 
allowed for the use of the eight-character alpha-numeric National 
Backtagging System.
    The new definition of official eartag is as follows: ``An 
identification tag providing unique identification for individual 
animals. An official eartag must bear the U.S. shield. The design, 
size, shape, color, and other characteristics of the official eartag 
will depend on the needs of the users. The official eartag must be 
tamper-resistant and have a high retention rate in the animal. Official 
eartags must adhere to one of the following numbering systems:
    <bullet> National Uniform Eartagging System.
    <bullet> Animal identification number (AIN).
    <bullet> Premises-based number system. The premises-based number 
system combines an official premises identification number (PIN), as 
defined in this section, with a producer's livestock production 
numbering system to provide a unique identification number. The PIN and 
the production number must both appear on the official tag.
    <bullet> Any other numbering system approved by the Administrator 
for the identification of animals in commerce.''
    The new definition of United States Department of Agriculture 
backtag is ``a backtag issued by APHIS that provides unique 
identification for each animal.'' This definition is sufficiently 
flexible to allow for the use of the AIN or other numbering systems in 
addition to the National Backtagging System.
    We are also adding a new definition of official identification 
device or method to the domestic animal movement regulations in Sec.  
71.1, the brucellosis regulations in Sec.  78.1, the scrapie 
regulations in Sec.  79.1, and the animal import regulations in 
Sec. Sec.  93.400 and 93.500. We define official identification device 
or method as ``a means of officially identifying an animal or group of 
animals using devices or methods approved by the

[[Page 64646]]

Administrator, including, but not limited to, official tags, tattoos, 
and registered brands when accompanied by a certificate of inspection 
from a recognized brand inspection authority.'' The addition of this 
new definition to the animal import regulations is necessary because we 
are adding certain provisions, which are discussed in greater detail 
below, concerning the removal of official identification devices to the 
regulations in 9 CFR part 93, as well as to part 71. In parts 71, 78, 
and 79, the new definition complements other new provisions, discussed 
in more detail below, that we are adding to the regulations.
    These new provisions are contained in a new paragraph (b) in Sec.  
71.18, a new paragraph (b)(8) in Sec.  79.19, and a new paragraph 
(a)(2)(iii) in Sec.  79.2, as well as in an amendment to paragraph 
(a)(2) in Sec.  78.14. These new provisions indicate that, in addition 
to the identification devices and methods specifically referred to in 
those sections, other animal identification devices or methods may also 
be employed for official purposes if approved by the Administrator. 
Combined with the new definition of official identification device or 
method, these changes to the regulations are intended to allow for the 
use of both currently available and emerging animal identification 
technologies.
    We are also removing Sec.  71.19(g), which contains procedures for 
requesting approval by the Administrator of swine identification 
devices and markings other than those already listed in Sec.  71.19(b) 
and states that if the Administrator determines that the devices and 
markings will provide a means of tracing swine in interstate commerce, 
a proposal will be published in the Federal Register to add the devices 
and markings to the list of approved means of swine identification. 
With new animal identification technologies currently being pilot 
tested, we determined that the procedures in paragraph (g), 
particularly the requirement for a proposal to be published in the 
Federal Register for each new device, were unnecessarily slow and 
cumbersome. In removing this paragraph, we are removing a potential 
regulatory obstacle to the approval and use of new technologies. Newly 
approved devices or markings will still be added to the list in Sec.  
71.19(b), however. Because we are removing paragraph (g), we are 
redesignating paragraphs (h) and (i) as paragraphs (g) and (h), 
respectively. Because of this redesignation, references to ``Sec.  
71.19(h)'' in Sec.  85.7(b)(3)(i), (b)(3)(ii), and (c)(1) and in Sec.  
85.8(a)(4) have been amended to refer to ``Sec.  71.19(g).''

Group/Lot Identification

    Group/lot identification can be used in species where groups of 
animals are assembled from within the same production system and 
tracked through records of group movements maintained at the local 
level by the producer. In order to provide for use of the group/lot 
identification number for official identification purposes, we are 
adding a definition of group/lot identification number (GIN) to Sec.  
71.1. We define the GIN as ``the identification number used to uniquely 
identify a unit of animals of the same species that is managed together 
as one group throughout the preharvest production chain. The GIN 
consists of a seven-character PIN, as defined in Sec.  71.1, and a six-
digit representation of the date on which the group or lot of animals 
was assembled (MM/DD/YY).'' If more than one group of animals is 
assembled on a particular day at a given premises, the animals will 
still be considered a single group for the purpose of assigning a GIN. 
Multiple animal groups assembled on the same premises on the same day 
are not considered to be epidemiologically distinct and should be 
treated as a single entity for purposes of health management. As is the 
case with the AIN, use of the GIN is not mandatory.

Premises Identification

    Another key element of the NAIS is premises identification. If the 
goal of a 48-hour traceback capability is to become a reality, it must 
be possible to record an animal's movements from its farm of origin to 
other locations throughout its entire life. Identifying premises that 
manage or hold livestock with a single and unique number is, therefore, 
essential. In order to provide in the regulations for premises 
identification under the NAIS, we are replacing the definition of 
premises identification number in Sec. Sec.  71.1 and 80.1 with a new 
definition of premises identification number (PIN). Because existing 
definitions of premises of origin identification and premises 
identification in Sec. Sec.  77.2 and 79.1, respectively, both contain 
references to PINs, we are also adding a new definition of premises 
identification number (PIN) to those sections. Prior to this interim 
rule, premises identification number was defined in Sec. Sec.  71.1 and 
80.1 as a State's two-letter postal abbreviation followed by a 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, epidemiologically distinct from other 
livestock production units.
    In Sec.  71.1, the new definition, which allows for the continued 
use of this type of PIN but also recognizes the new premises numbering 
system developed for the NAIS, reads as follows: ``A unique number 
assigned by a State or Federal animal health authority to a premises 
that is, in the judgment of the State or Federal animal health 
authority, a geographically distinct location from other livestock 
production units. The premises identification number is associated with 
an address or legal land description and may be used in conjunction 
with a producer's own livestock production numbering system to provide 
a unique identification number for an animal. It may also be used as a 
component of a group/lot identification number (GIN). The premises 
identification number may consist of:
    <bullet> The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    <bullet> A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.''
    The new definition of premises identification number (PIN) used in 
Sec. Sec.  77.2, 79.1, and 80.1 is almost identical to that of Sec.  
71.1, omitting only the reference to the GIN. Group/lot identification 
is mainly used for interstate movement of swine, which is regulated 
under part 71. Specifically, Sec.  71.19 contains regulations for the 
identification of swine in interstate commerce. Thus, the reference to 
the GIN in the definition of PIN is much more applicable to part 71 
than to parts 77, 79, and 80, which contain, respectively, regulations 
pertaining to tuberculosis in cattle, bison, and captive cervids; to 
scrapie in sheep and goats; and to Johne's disease, which primarily 
affects cattle, sheep, goats, and other ruminants.
    The new definition of premises identification number (PIN) differs 
from the definition it is replacing not only in recognizing the new 
numbering system but also in recognizing a premises based on a State or 
Federal animal health authority's determination that it is a 
geographically, rather than epidemiologically, distinct animal 
production unit. Identifying a premises as an epidemiologically 
distinct animal production unit can be problematic because a unit that 
may be considered epidemiologically distinct for one animal disease may 
not be for another. We view geographical distinctness as a

[[Page 64647]]

more reliable measure by which to determine what constitutes a 
premises.
    In addition to the new definition of premises identification number 
(PIN), we are also amending the definitions referred to earlier of 
premises of origin identification in Sec.  77.2 and premises 
identification in Sec.  79.1. Prior to this interim rule, both of these 
definitions recognized only the type of PIN beginning with the State's 
two-letter postal code. The amended definitions refer to the new 
definition of premises identification number (PIN) and thus recognize 
the new PIN format as well as the old.

Removal or Loss of Official Identification Devices

    The AIN or any other animal numbering system can only be effective 
if the official eartag or backtag or other approved device bearing the 
animal's identification number remains affixed to the animal throughout 
its lifetime, from birth to slaughter. Therefore, we are adding a new 
Sec.  71.22 that prohibits the removal of official identification 
devices except at the time of slaughter and further states that 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. To ensure that there will be the same traceback capability 
for imported animals as for animals moving interstate, we are adding 
identical requirements regarding removal and replacement of official 
devices to Sec. Sec.  93.401 and 93.501, which contain conditions for 
imported ruminants and swine, respectively. In each of those sections, 
the new provisions are contained in a new paragraph (c). As we have 
already noted, adding these requirements to the animal import 
regulations also necessitates adding a definition of official 
identification device or method to Sec. Sec.  93.400 and 93.500.

Immediate Action

    Immediate action is necessary to allow the use, on a voluntary 
basis, of newly developed numbering systems for the identification of 
animals in interstate commerce and State/Federal/industry cooperative 
disease control and eradication programs and for the identification of 
premises where animals are managed or held. 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 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 interim rule amends the regulations to recognize additional 
numbering systems for the identification of individual animals, groups 
of animals, and premises where animals are managed or held. These new 
numbering systems are intended for use in the NAIS that is being 
implemented by the USDA, at present on a voluntary basis.
    Entities that may be affected by this interim rule include U.S. 
animal producers, importers, and other individuals and organizations 
involved in the buying and selling of livestock.
    There were 1.03 million cattle and calf producers in the United 
States in 2003. There were also 95,189 cattle feeding operations in the 
United States in 2002. On January 1, 2004, there were 95 million beef 
and dairy cattle and calves in the United States. Nearly 38 million 
calves were born in the United States in 2003. Each of these 38 million 
head would presumably be tested, vaccinated, monitored under official 
disease control programs, or moved in interstate or international 
commerce and would therefore need to be identified if the NAIS were to 
be fully implemented. In addition, in 2002, 2.5 million cattle and 
calves were imported into the United States. Under Sec.  93.404, 
ruminants imported into the United States require individual 
identification.
    The U.S. hog industry had 60 million hogs as of December 1, 2003. 
In 2003, 100.4 million head were born. About 7 million head were 
estimated to die due to disease, predators, and other causes, and 100 
million head were slaughtered. There were 75,350 hog producers in the 
United States in 2002.
    The U.S. sheep industry had 7.6 million sheep and lambs on farms as 
of July 2004. There were 64,170 sheep and lambs produced in 2002.
    In addition to animal producers, many non-producers, such as 
slaughter plants, stockyards, bonded dealers, and marketing agencies 
involved in buying or selling livestock in the United States may 
potentially be involved in the NAIS. There were 3,222 U.S. livestock 
slaughter plants in 2003, of which 879 were under Federal inspection. 
There are an estimated 7,775 stockyards, bonded dealers, and marketing 
agencies in the United States.
    The primary beneficiaries of the NAIS are expected to be producers, 
who, because disease outbreaks are likely to be controlled more quickly 
than in the past, are likely to experience a reduction in costs 
associated with such outbreaks (e.g., export markets may not be lost or 
may be restricted for shorter durations); taxpayers, who will need to 
fund smaller mitigation, eradication, and compensation programs than 
they have in the past; and consumers, who will experience less 
disruption in the supply of meat if a major disease event happens and 
improved confidence in the meat supply system because of the speed with 
which we will be able to respond to such events.
    It is important to note that participation in the NAIS is 
voluntary. Producers can opt not to participate in the NAIS if they 
anticipate that the costs they will incur will exceed the benefits they 
receive from participation. Little information is available at this 
time about costs that may be incurred by producers. APHIS welcomes 
comments about the costs of an animal identification system.

Impact on Small Businesses

    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. This interim rule has 
potential implications for small entities in the United States, both in 
terms of any costs they might incur to satisfy NAIS program 
requirements and in terms of the benefits associated with the program's 
establishment. Beef and hog producers are among the small entities 
potentially affected by this interim rule.
    According to Small Business Administration (SBA) guidelines, beef 
producers with $750,000 or less in annual receipts are considered small 
businesses. Based on the guidelines, producers with fewer than 1,200 
head of cattle would likely be considered small producers. For the 
period of January to April 2004, the average head of cattle weighed 
approximately 700 pounds. The 2003 annual market price for live choice 
steers was $84.69 per hundredweight (cwt). The average price per cwt, 
$84.69, times the average weight, 7 cwt, gives an average price per 
head of $592.83. At that price, 1,265

[[Page 64648]]

head of cattle would be needed to reach the $750,000 threshold.\1\ In 
2003, 60 percent of U.S. cattle producers had fewer than 50 head, and 
99 percent had fewer than 1,000 head.
---------------------------------------------------------------------------

    \1\ Source: Economic Research Service (ERS) Livestock, Dairy, 
and Poultry Outlook, April 27, 2004.
---------------------------------------------------------------------------

    According to SBA guidelines, hog producers with $750,000 or less in 
annual receipts are considered small businesses. In the first quarter 
of 2004, hogs were priced at $44.18 per hundredweight (cwt). There is a 
6-month production cycle for hogs. Assuming an average hog weight of 
200 pounds, the average price per head is $88.36; therefore, each 
production unit could generate $176.72 times the current inventory per 
year. Producers with fewer than 4,000 head of hogs ($750,000 divided by 
$176.72 equals 4,244 hogs) would likely be considered small according 
to the SBA guidelines.\2\ In 2003, 40 percent of hog producers had 
fewer than 99 head, and 57 percent had fewer than 500 head.
---------------------------------------------------------------------------

    \2\ Source: ERS Livestock, Dairy, and Poultry Outlook, April 27, 
2004.
---------------------------------------------------------------------------

    We expect that the benefits of more effective disease control will 
outweigh any costs to producers that may result from their 
participation in the NAIS. Because participation is voluntary, small 
entities could opt out of the program if they found that the costs 
outweighed the benefits. The benefit of this rule is the provision of 
greater flexibility in official animal and premises identification. As 
use of this numbering system is voluntary, no costs are imposed on 
participants and it is unlikely for this interim rule to have any 
adverse impact on small businesses.
    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.).

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.

9 CFR Part 85

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

9 CFR Part 93

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

0
Accordingly, we are amending 9 CFR parts 71, 77, 78, 79, 80, 85, and 93 
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 definitions of official 
eartag, premises identification number, and United States Department of 
Agriculture backtag; and adding, in alphabetical order, definitions of 
animal identification number (AIN), group/lot identification number 
(GIN), and official identification device or method 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. 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.
* * * * *
    Group/lot identification number (GIN). The identification number 
used to uniquely identify a ``unit of animals'' of the same species 
that is managed together as one group throughout the preharvest 
production chain. The GIN consists of a seven-character premises 
identification number (PIN), as defined in this section, and a six-
digit representation of the date on which the group or lot of animals 
was assembled (MM/DD/YY).
* * * * *
    Official eartag. An identification tag providing unique 
identification for individual animals. An official eartag must bear the 
U.S. shield. The design, size, shape, color, and other characteristics 
of the official eartag will depend on the needs of the users. The 
official eartag must be tamper-resistant and have a high retention rate 
in the animal. Official eartags must adhere to one of the following 
numbering systems:
    (1) National Uniform Eartagging System.
    (2) Animal identification number (AIN).
    (3) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined 
in this section, with a producer's livestock production numbering 
system to provide a unique identification number. The PIN and the 
production number must both appear on the official tag.
    (4) Any other numbering system approved by the Administrator for 
the identification of animals in commerce.
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
* * * * *
    Premises identification number (PIN). A unique number assigned by a 
State or

[[Page 64649]]

Federal animal health authority to a premises that is, in the judgment 
of the State or Federal animal health authority, a geographically 
distinct location from other livestock production units. The premises 
identification number is associated with an address or legal land 
description and may be used in conjunction with a producer's own 
livestock production numbering system to provide a unique 
identification number for an animal. It may also be used as a component 
of a group/lot identification number (GIN). The premises identification 
number may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *
    United States Department of Agriculture backtag. A backtag issued 
by APHIS that provides unique identification for each animal.
0
3. In Sec.  71.18, a new paragraph (b) is added to read as follows:


Sec.  71.18  Individual identification of certain cattle 2 years of age 
or over for movement in interstate commerce.

* * * * *
    (b) In lieu of the backtags, eartags, and brands referred to in 
this section, any other official identification device or method that 
is approved by the Administrator may also be used.

0
4. Section 71.19 is amended as follows:
0
a. In paragraph (a)(1), in the introductory text, by removing the words 
``(c) and (h)'' and adding the words ``(c) and (g)'' in their place.
0
b. In paragraph (b)(6), by removing the word ``and''.
0
c. In paragraph (b)(7), by removing the period at the end of the 
paragraph and adding the word ``; and'' in its place.
0
d. By adding a new paragraph (b)(8) to read as set forth below.
0
e. By removing paragraph (g) and redesignating paragraphs (h) and (i) 
as paragraphs (g) and (h), respectively.


Sec.  71.19  Identification of swine in interstate commerce.

* * * * *
    (b) * * *
    (8) Any other official identification device or method that is 
approved by the Administrator.
* * * * *

0
5. A new Sec.  71.22 is added 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 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.

PART 77--TUBERCULOSIS

0
6. 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
7. Section 77.2 is amended by revising the definitions of official 
eartag and premises of origin identification and adding definitions of 
animal identification number (AIN) and premises identification number 
(PIN) 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. 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.
* * * * *
    Official eartag. An identification tag providing unique 
identification for individual animals. An official eartag must bear the 
U.S. shield. The design, size, shape, color, and other characteristics 
of the official eartag will depend on the needs of the users. The 
official eartag must be tamper-resistant and have a high retention rate 
in the animal. Official eartags must adhere to one of the following 
numbering systems:
    (1) National Uniform Eartagging System.
    (2) Animal identification number (AIN).
    (3) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined 
in this section, with a producer's livestock production numbering 
system to provide a unique identification number. The PIN and the 
production number must both appear on the official tag.
    (4) Any other numbering system approved by the Administrator for 
the identification of animals in commerce.
* * * * *
    Premises identification number (PIN). A unique number assigned by a 
State or Federal animal health authority to a premises that is, in the 
judgment of the State or Federal animal health authority, a 
geographically distinct location from other livestock production units. 
The premises identification number is associated with an address or 
legal land description and may be used in conjunction with a producer's 
own livestock production numbering system to provide a unique 
identification number for an animal. The premises identification number 
may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.
    Premises of origin identification. (1) An APHIS-approved eartag or 
tattoo bearing a premises identification number (PIN), as defined in 
this section;
    (2) A name assigned by a State or Federal animal health authority 
to the premises on which the animals originated that, in the judgment 
of that State or Federal animal health authority, is a geographically 
distinct location from other livestock production units; or
    (3) A brand registered with an official brand registry.
* * * * *

PART 78--BRUCELLOSIS

0
8. 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
9. Section 78.1 is amended by revising the definitions of official 
eartag and United States Department of Agriculture backtag and adding 
definitions of animal identification number (AIN) and official 
identification device or method in alphabetical order 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. 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

[[Page 64650]]

International Committee on Animal Recording.
* * * * *
    Official eartag. An identification tag providing unique 
identification for individual animals. An official eartag must bear the 
U.S. shield. The design, size, shape, color, and other characteristics 
of the official eartag will depend on the needs of the users. The 
official eartag must be tamper-resistant and have a high retention rate 
in the animal. Official eartags must adhere to one of the following 
numbering systems:
    (a) National Uniform Eartagging System.
    (b) Animal identification number (AIN).
    (c) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined 
in Sec.  71.1 of this chapter, with a producer's livestock production 
numbering system to provide a unique identification number. The PIN and 
the production number must both appear on the official tag.
    (d) Any other numbering system approved by the Administrator for 
the identification of animals in commerce.
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
* * * * *
    United States Department of Agriculture backtag. A backtag issued 
by APHIS that provides unique identification for each animal.
* * * * *


Sec.  78.14  [Amended]

0
10. In Sec.  78.14, paragraph (a)(2) is amended by adding the words 
``or any other official identification device or method approved by the 
Administrator'' after the word ``eartag''.

PART 79--SCRAPIE IN SHEEP AND GOATS

0
11. 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
12. Section 79.1 is amended by adding, in alphabetical order, 
definitions of official identification device or method and premises 
identification number (PIN) and revising the definition of premises 
identification to read as follows:


Sec.  79.1  Definitions.

* * * * *
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
* * * * *
    Premises identification. An APHIS approved eartag, backtag, or 
legible tattoo bearing the premises identification number, as defined 
in this section, or a flock identification number, or a legible 
permanent brand or ear notch pattern registered with an official brand 
registry. Premises identification may be used when official individual 
animal identification is required, if the premises identification 
method either includes a unique animal number or is used in conjunction 
with the producer's livestock production numbering system to provide a 
unique identification number and where, if brands or ear notches are 
used, the animals are accompanied by an official brand inspection 
certificate. Clearly visible and/or legible paint brands may be used on 
animals moving directly to slaughter and on animals moving for grazing 
or other management purposes without change in ownership.
    Premises identification number (PIN). A unique number assigned by a 
State or Federal animal health authority to a premises that is, in the 
judgment of the State or Federal animal health authority, a 
geographically distinct location from other livestock production units. 
The premises identification number is associated with an address or 
legal land description and may be used in conjunction with a producer's 
own livestock production numbering system to provide a unique 
identification number for an animal. The premises identification number 
may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *

0
13. Section 79.2 is amended as follows:
0
a. In paragraph (a)(2)(v), by removing the word ``or'' at the end of 
the paragraph.
0
b. In paragraph (a)(2)(vi), by removing the period at the end of the 
paragraph and adding the word ``; or'' in its place.
0
c. By adding a new paragraph (a)(2)(vii) to read as set forth below:


Sec.  79.2  Identification of sheep and goats in interstate commerce.

    (a) * * *
    (2) * * *
    (vii) Any other official identification method or device approved 
by the Administrator.
* * * * *

PART 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS

0
14. 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
15. Section 80.1 is amended by removing the definitions of premises 
identification number; revising the definitions of official eartag and 
premises identification number; and adding, in alphabetical order, 
definition of animal identification number (AIN) 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. 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.
* * * * *
    Official eartag. An identification tag providing unique 
identification for individual animals. An official eartag must bear the 
U.S. shield. The design, size, shape, color, and other characteristics 
of the official eartag will depend on the needs of the users. The 
official eartag must be tamper-resistant and have a high retention rate 
in the animal. Official eartags must adhere to one of the following 
numbering systems:
    (1) National Uniform Eartagging System.
    (2) Animal identification number (AIN).
    (3) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined 
in this section, with a producer's livestock production numbering 
system to provide a unique identification number. The PIN and the 
production number must both appear on the official tag.

[[Page 64651]]

    (4) Any other numbering system approved by the Administrator for 
the identification of animals in commerce.
* * * * *
    Premises identification number (PIN). A unique number assigned by a 
State or Federal animal health authority to a premises that is, in the 
judgment of the State or Federal animal health authority, a 
geographically distinct location from other livestock production units. 
The premises identification number is associated with an address or 
legal land description and may be used in conjunction with a producer's 
own livestock production numbering system to provide a unique 
identification number for an animal. The premises identification number 
may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *

PART 85--PSEUDORABIES

0
16. The authority citation for part 85 continues to read as follows:

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


Sec.  85.7  [Amended]

0
17. In Sec.  85.7, paragraphs (b)(3)(i), (b)(3)(ii), and (c)(1) are 
amended by removing the citation ``Sec.  71.19(h)'' and adding the 
citation ``Sec.  71.19(g)'' in its place.


Sec.  85.8  [Amended]

0
18. In Sec.  85.8, paragraph (a)(4) is amended by removing the citation 
``Sec.  71.19(h)'' and adding the citation ``Sec.  71.19(g)'' in its 
place.

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

0
19. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


0
20. Section 93.400 is amended by adding, in alphabetical order, a 
definition of official identification device or method to read as 
follows:


Sec.  93.400  Definitions.

* * * * *
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
* * * * *

0
21. Section 93.401 is amended by adding a new paragraph (c) to read as 
follows:


Sec.  93.401  General prohibitions; exceptions.

* * * * *
    (c) 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 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.

0
22. Section 93.500 is amended by adding, in alphabetical order, a 
definition of official identification device or method to read as 
follows:


Sec.  93.500  Definitions.

* * * * *
    Official identification device or method. A means of officially 
identifying an animal or group of animals using devices or methods 
approved by the Administrator, including, but not limited to, official 
tags, tattoos, and registered brands when accompanied by a certificate 
of inspection from a recognized brand inspection authority.
* * * * *

0
23. Section 93.501 is amended by adding a new paragraph (c) to read as 
follows:


Sec.  93.501  General prohibitions; exceptions.

* * * * *
    (c) 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 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.

    Done in Washington, DC, this 2nd day of November 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-24828 Filed 11-5-04; 8:45 am]
BILLING CODE 3410-34-P