This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

55757

Vol. 62, No. 204

Wednesday, October 22, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 71 and 78

[Docket No. 96–041–3]

Interstate Movement of Livestock;

Technical Amendment

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule; technical

amendment.

SUMMARY: In a final rule published in

the Federal Register on May 22, 1997,

and effective June 23, 1997, we

amended the regulations governing the

interstate movement of livestock by

combining the provisions for the

approval of livestock markets for cattle

and bison, horses, and swine into a

single section. We also removed the

regulations that restrict the movement of

swine and swine products from areas

quarantined for hog cholera and the

regulations that provide for the payment

of compensation to the owners of swine

destroyed because of hog cholera. Since

the publication of the final rule, three

issues arising from omissions or a lack

of clarity in the final rule have been

brought to our attention. We are

publishing this technical amendment to

resolve those issues.

DATES: This amendment is effective

October 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Dr. James P. Davis, Senior Staff

Veterinarian, Surveillance and Animal

Identification Team, National Animal

Health Programs, VS, APHIS, 4700 River

Road Unit 36, Riverdale, MD 20737–

1231, (301) 734–5970; or E-mail:

jdavis@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

In a proposed rule published in the

Federal Register on October 31, 1996

(61 FR 56155–56165, Docket No. 96–

041–1), we proposed to amend the

regulations regarding the interstate

movement of livestock by combining the

provisions for the approval of livestock

markets for cattle and bison, horses, and

swine into a single section. In the same

document, we proposed to remove the

regulations that restrict the movement of

swine and swine products from areas

quarantined for hog cholera and that

provide for the payment of

compensation to the owners of swine

destroyed because of hog cholera.

In a final rule published in the

Federal Register on May 22, 1997 (62

FR 27930–27937, Docket No. 96–041–2),

and effective June 23, 1997, we adopted

the provisions of the proposed rule as a

final rule with certain specified changes

that were based on comments received

in response to the proposed rule. Since

the publication of the final rule, three

issues arising from omissions or a lack

of clarity in the final rule have been

brought to our attention. We are

publishing this technical amendment to

resolve those issues, each of which is

explained below.

Animal Identification

In the May 1997 final rule, we

provided for the use of premises

identification numbers to identify

livestock. When used alone, a premises

identification number will allow an

animal to be traced back to its farm or

premises of origin. That degree of

traceback specificity is sufficient for

certain classes of livestock, such as

slaughter swine and feeder swine.

However, a premises identification

number can also be combined with a

producer’s own livestock production

numbering system to provide a unique

identification number for an animal.

Such unique individual identification is

necessary for other classes of livestock,

such as breeder swine, which often

require follow-up testing after being

moved interstate.

Unique animal identification is most

often provided through the use of

official eartags, and in our May 1997

final rule, we amended the definition of

official eartag to provide for the use of

premises identification numbers on

official eartags. In amending that

definition, we failed to specify that a

premises identification number must be

combined with a producer’s livestock

production numbering system to

provide animal-specific, rather than just

premises-specific, identification if that

number is to be used on an official

eartag. In this document, therefore, we

have amended the definition of official

eartag in §§ 71.1 and 78.1 to clarify that

an official eartag bearing a premises

identification number must provide a

unique identification number. We have

also amended § 71.19(b), which lists the

means of swine identification approved

by the Administrator, to make it clear

that a ‘‘regular’’ premises identification

number (i.e., a premises-specific

number) is approved for the

identification of slaughter swine and

feeder swine, the two classes of swine

that, as noted above, do not require

animal-specific identification for

interstate movement.

Pseudorabies Provisions

In the May 1997 final rule, we added

pseudorabies to the list in § 71.3(a) of

diseases considered to be endemic to

the United States; that paragraph

concludes by stating that animals

affected with those endemic diseases

shall not be moved interstate. However,

paragraph (c) of § 71.3 provides for the

interstate movement of animals affected

with certain diseases if the animals are

moved in accordance to our specific

regulations that provide for such

interstate movement. Specific

regulations do exist that provide for the

movement of swine affected with

pseudorabies, but we neglected to note

those regulations in § 71.3(c) when we

added pseudorabies to the list in

§ 71.3(a). Therefore, in this document

we have added a new paragraph

§ 71.3(c)(4), which reads ‘‘Swine

infected with or exposed to

pseudorabies may be moved interstate

in accordance with part 85 of this

chapter.’’

Approved Livestock Facilities for Swine

When we developed the single

livestock market approval agreement in

§ 71.20 to replace the five agreements

that had been located in parts 75, 76,

and 78, it was our intent to eliminate

duplication while retaining any

necessary species-specific provisions.

With regard to the approval of livestock

markets for swine, we stated in our
55758 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Rules and Regulations

October 1996 proposed rule that we

would incorporate the provisions of

§ 76.18, ‘‘Approval of Livestock

Markets,’’ into the single agreement in

§ 71.20 with four exceptions, three of

which were related to the now-removed

hog cholera regulations and one that

dealt with recordkeeping. We have

found that we failed to include one of

the disease prevention requirements of

§ 76.18—i.e., that the pens, alleys, and

sales rings for holding, inspecting, and

otherwise handling swine in an

approved market for swine must be

imperviously surfaced—when we

incorporated the agreement from § 76.18

into the single agreement in § 71.20. To

correct that omission, we have amended

the swine-specific provisions of the

approved livestock facility agreement in

§ 71.20(a) to restore the impervious

surface requirement.

List of Subjects

9 CFR Part 71

Animal diseases, Livestock, Poultry

and poultry products, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR parts 71 and 78

are amended as follows:

PART 71—GENERAL PROVISIONS

1. The authority citation for part 71

continues to read as follows:

Authority: 21 U.S.C. 111–113, 114a, 114a–

1, 115–117, 120–126, 134b, and 134f; 7 CFR

2.22, 2.80, and 371.2(d).

2. In § 71.1, the definition of official

eartag is revised to read as follows:

§ 71.1 Definitions.

* * * * *

Official eartag. An identification

eartag approved by APHIS as being

tamper-resistant and providing unique

identification for each animal. An

official eartag may conform to the alphanumeric National Uniform Eartagging

System, or it may bear a valid premises

identification number that is used in

conjunction with the producer’s

livestock production numbering system

to provide a unique identification

number.

* * * * *

3. In § 71.3, a new paragraph (c)(4) is

added to read as follows:

§ 71.3 Interstate movement of diseased

animals and poultry generally prohibited.

* * * * *

(c) * * *

(4) Swine infected with or exposed to

pseudorabies may be moved interstate

in accordance with part 85 of this

chapter.

* * * * *

4. In § 71.19, paragraph (b)(7) is

revised to read as follows:

§ 71.19 Identification of swine in interstate

commerce.

* * * * *

(b) * * *

(7) For slaughter swine and feeder

swine, an eartag or tattoo bearing the

premises identification number assigned

by the State animal health official to the

premises on which the swine originated.

* * * * *

5. In § 71.20, paragraph (a), in the

sample agreement, paragraphs (15)(ii)

through (15)(v) are redesignated as

paragraphs (15)(iii) through (15)(vi) and

a new paragraph (15)(ii) is added to read

follows:

§ 71.20 Approval of livestock facilities.

(a) * * *

(15) * * *

(ii) Pens, alleys, and sales rings for

holding, inspecting, and otherwise

handling swine shall be imperviously

surfaced.

* * * * *

PART 78—BRUCELLOSIS

6. The authority citation for part 78

continues to read as follows:

Authority: 21 U.S.C. 111–114a–1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.2(d).

7. In § 78.1, the definition of official

eartag is revised to read as follows:

§ 78.1 Definitions.

* * * * *

Official eartag. An identification

eartag approved by APHIS as being

tamper-resistant and providing unique

identification for each animal. An

official eartag may conform to the alphanumeric National Uniform Eartagging

System, or it may bear a valid premises

identification number that is used in

conjunction with the producer’s

livestock production numbering system

to provide a unique identification

number.

* * * * *

Done in Washington, DC, this 14th day of

October 1997.

Craig M. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–27953 Filed 10–21–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 318 and 381

[Docket No. 95–032F]

RIN 0583–AB93

Elimination of Prior Approval

Requirements for Establishment

Drawings and Specifications,

Equipment, and Certain Partial Quality

Control Programs; Correction

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Correction to final rule.

SUMMARY: This document contains

corrections to the final rule (Docket No.

95–032F) which was published

Monday, August 25, 1997 (62 FR

45016). The final rule concerned the

elimination of prior approval

requirements for establishment

drawings and specifications, equipment,

and certain partial quality control

programs.

EFFECTIVE DATE: October 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Patricia F. Stolfa, Assistant Deputy

Administrator, Office of Policy, Program

Development, and Evaluation, FSIS,

Room 402 Annex Building, Washington

DC 20250–3700: (202) 205–0699.

SUPPLEMENTARY INFORMATION:

Background

The final rule that is the subject of

these corrections eliminates

requirements for establishments

applying for inspection to submit to

FSIS multiple sets of drawings and

specifications of facilities for the

preparation of meat or poultry products.

The final rule also eliminates

requirements for Agency prior approval

of equipment and utensils to be used in

preparing edible product and of most

partial quality control programs used for

the control of food processing or for

other purposes.

Need for Correction

As published, the final rule contained

errors rendering the regulatory text

inconsistent with the preamble

explanation.

Correction of Publication

Accordingly, the publication on

August 25, 1997, of the final rule

(Docket No. 95–032F), which was the

subject of FR Doc. 97–21882, is

corrected as follows:

§ 318.4 [Corrected]

Paragraph 1. On page 45025, in the

second column, in § 318.4, in the