64644 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other available information, it is hereby 

found that finalizing the interim final 

rule, without change, as published in 

the Federal Register (69 FR 50265, 

August 16, 2004) will tend to effectuate 

the declared policy of the Act.

List of Subjects in 7 CFR Part 905

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines.

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA

■ Accordingly, the interim final rule 

amending 7 CFR part 905 which was 

published at 69 FR 50265 on August 16, 

2004, is adopted as a final rule without 

change.

Dated: November 2, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–24825 Filed 11–5–04; 8:45 am] 

BILLING CODE 3410–02–P

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: 

• 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. 

• 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. 

• 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 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 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 

§§ 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 

§§ 71.1, 77.2, 78.1, and 80.1 and the 

definition of United States Department 

of Agriculture backtag in §§ 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: 

• National Uniform Eartagging 

System. 

• Animal identification number 

(AIN). 

• 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. 

• 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 § 71.1, the 

brucellosis regulations in § 78.1, the 

scrapie regulations in § 79.1, and the 

animal import regulations in §§ 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 

64646 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

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 § 71.18, a new 

paragraph (b)(8) in § 79.19, and a new 

paragraph (a)(2)(iii) in § 79.2, as well as 

in an amendment to paragraph (a)(2) in 

§ 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 § 71.19(g), 

which contains procedures for 

requesting approval by the 

Administrator of swine identification 

devices and markings other than those 

already listed in § 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 § 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 ‘‘§ 71.19(h)’’

in § 85.7(b)(3)(i), (b)(3)(ii), and (c)(1) and 

in § 85.8(a)(4) have been amended to 

refer to ‘‘§ 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 § 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 § 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 §§ 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 §§ 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 §§ 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 § 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: 

• The State’s two-letter postal 

abbreviation followed by the premises’

assigned number; or 

• 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 

§§ 77.2, 79.1, and 80.1 is almost 

identical to that of § 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, 

§ 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 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 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 § 77.2 and premises 

identification in § 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 § 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 §§ 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 §§ 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 § 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 

64648 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

1Source: Economic Research Service (ERS) 

Livestock, Dairy, and Poultry Outlook, April 27, 

2004.

2Source: ERS Livestock, Dairy, and Poultry 

Outlook, April 27, 2004.

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.

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.

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.

■ Accordingly, we are amending 9 CFR 

parts 71, 77, 78, 79, 80, 85, and 93 as 

follows:

PART 71—GENERAL PROVISIONS

■ 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.

■ 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:

§ 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 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 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.

■ 3. In § 71.18, a new paragraph (b) is 

added to read as follows:

§ 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.

■ 4. Section 71.19 is amended as follows:

■ 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.

■ b. In paragraph (b)(6), by removing the 

word ‘‘and’’.

■ c. In paragraph (b)(7), by removing the 

period at the end of the paragraph and 

adding the word ‘‘; and’’ in its place.

■ d. By adding a new paragraph (b)(8) to 

read as set forth below.

■ e. By removing paragraph (g) and 

redesignating paragraphs (h) and (i) as 

paragraphs (g) and (h), respectively.

§ 71.19 Identification of swine in interstate 

commerce.

* * * * *

(b) * * *

(8) Any other official identification 

device or method that is approved by 

the Administrator.

* * * * *

■ 5. A new § 71.22 is added to read as 

follows:

§ 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

■ 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.

■ 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:

§ 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

■ 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.

■ 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:

§ 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 

64650 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

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 § 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.

* * * * *

§ 78.14 [Amended]

■ 10. In § 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

■ 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.

■ 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:

§ 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.

* * * * *

■ 13. Section 79.2 is amended as follows:

■ a. In paragraph (a)(2)(v), by removing 

the word ‘‘or’’ at the end of the 

paragraph.

■ b. In paragraph (a)(2)(vi), by removing 

the period at the end of the paragraph 

and adding the word ‘‘; or’’ in its place.

■ c. By adding a new paragraph 

(a)(2)(vii) to read as set forth below:

§ 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

■ 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.

■ 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:

§ 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.

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 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

■ 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.

§ 85.7 [Amended]

■ 17. In § 85.7, paragraphs (b)(3)(i), 

(b)(3)(ii), and (c)(1) are amended by 

removing the citation ‘‘§ 71.19(h)’’ and 

adding the citation ‘‘§ 71.19(g)’’ in its 

place.

§ 85.8 [Amended]

■ 18. In § 85.8, paragraph (a)(4) is 

amended by removing the citation 

‘‘§ 71.19(h)’’ and adding the citation 

‘‘§ 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

■ 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.

■ 20. Section 93.400 is amended by 

adding, in alphabetical order, a 

definition of official identification device 

or method to read as follows:

§ 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.

* * * * *

■ 21. Section 93.401 is amended by 

adding a new paragraph (c) to read as 

follows:

§ 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.

■ 22. Section 93.500 is amended by 

adding, in alphabetical order, a 

definition of official identification device 

or method to read as follows:

§ 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.

* * * * *

■ 23. Section 93.501 is amended by 

adding a new paragraph (c) to read as 

follows:

§ 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 25

[Docket No. NM198; Special Conditions No. 

25–187A–SC] 

Special Conditions: Boeing Model 777 

Series Airplanes; Seats With Inflatable 

Lapbelts

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final special conditions.

SUMMARY: These amended special 

conditions are issued to Boeing 

Commercial Airplanes for the Model 

777 series airplanes. These airplanes 

have a novel or unusual design feature 

associated with seats with inflatable 

lapbelts. Special Conditions No. 25–

187–SC were issued on October 3, 2001, 

addressing this issue. Boeing 

subsequently applied to amend the 

special conditions to add a new 

requirement that addresses the 

flammability of the material used to 

construct the inflatable lapbelt. The 

applicable airworthiness regulations, 

including those contained in Special 

Conditions No. 25–187–SC, do not 

contain adequate or appropriate safety 

standards for this design feature. The 

amended special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish an appropriate level of safety 

considering the safety benefits 

associated with the inflatable lapbelt.

DATES: Effective October 29, 2004.

FOR FURTHER INFORMATION CONTACT:

Jayson Claar, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98055–4056; 

telephone (425) 227–2194.

SUPPLEMENTARY INFORMATION: 

Background 

On April 20, 2001, Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124, applied for 

a type certificate design change to 

install inflatable lapbelts for head injury