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contains regulatory documents having general

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Rules and Regulations Federal Register

11463 

Vol. 74, No. 51 

Wednesday, March 18, 2009 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 309 

[Docket No. FSIS–2008–0022] 

RIN 0583–AD35 

Requirements for the Disposition of 

Cattle that Become Non-Ambulatory 

Disabled Following Ante-Mortem 

Inspection 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

the Federal meat inspection regulations 

to require that all cattle that are nonambulatory disabled at an official 

establishment, including those that 

become non-ambulatory disabled after 

passing ante-mortem inspection, be 

condemned and disposed of properly. In 

addition, this rule requires that 

establishments notify FSIS inspection 

personnel when cattle become nonambulatory disabled after passing antemortem inspection. FSIS is taking this 

action to better ensure effective 

implementation of inspection and 

humane handling requirements at 

official establishments. 

DATES: Effective Date: This regulation is 

effective April 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Daniel Engeljohn, Deputy Assistant 

Administrator, Office of Policy and 

Program Development, FSIS, U.S. 

Department of Agriculture, 1400 

Independence Avenue, SW., 

Washington, DC 20250–3700, (202) 205– 

0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 29, 2008, FSIS published 

a proposed rule to amend the 

regulations in 9 CFR 309.3(e) to remove 

the provision that allows FSIS 

inspection personnel to determine, on a 

case-by-case basis, the disposition of 

cattle that become non-ambulatory 

disabled after they have passed antemortem inspection (‘‘Requirements for 

the Disposition of Cattle That Become 

Non-Ambulatory Disabled Following 

Ante-Mortem Inspection’’ (73 FR 

50889)). In that proposed rule, FSIS also 

proposed to require that establishments 

notify FSIS inspection personnel when 

cattle become non-ambulatory disabled 

after passing ante-mortem inspection. 

The Agency issued the proposed rule 

in response to a January 2008 

investigation into events at the 

Hallmark/Westland Meat Packing 

Company that highlighted a 

vulnerability in our inspection system 

and that disclosed instances where 

cattle had been inhumanely handled. 

Based on these findings, FSIS 

determined that the proposed 

amendments to 9 CFR 309.3 were 

necessary to ensure that animals that 

may be unfit for human food do not 

proceed to slaughter, and to improve the 

effectiveness and efficiency of our 

inspection program. The Agency 

concluded that the revision proposed 

would reduce uncertainty in 

determining the proper disposition of 

non-ambulatory disabled cattle and 

would eliminate the time FSIS public 

health veterinarians (PHVs) spend 

determining whether or not an animal 

can be tagged as ‘‘U.S. Suspect’’, 

proceed to slaughter, and then reinspected after slaughter, thereby 

increasing the time inspection program 

personnel can focus on other inspection 

activities (73 FR at 50890–50891). FSIS 

also concluded that the proposal would 

improve humane handling practices and 

preclude establishments from 

attempting to force non-ambulatory 

disabled cattle to rise. 

FSIS also proposed to clarify in 9 CFR 

309.3(e) that establishments are required 

to specifically notify FSIS inspection 

personnel when cattle become nonambulatory disabled after passing antemortem inspection. The Agency 

proposed to make clear that 

establishments have an affirmative 

obligation to make FSIS personnel 

aware when an animal goes down. 

This final rule adopts the proposed 

amendments to 9 CFR 309.3(e) without 

changes. These amendments will ensure 

more effective and efficient inspection 

procedures under the Federal Meat 

Inspection Act (FMIA), 21 U.S.C. 603, 

and improved compliance with the 

humane handling requirements 

established pursuant to 21 U.S.C. 

603(b). 

In the preamble to the proposed rule, 

FSIS stated that it would expect custom 

operators not to slaughter cattle that 

become non-ambulatory disabled after 

they are delivered to the custom 

operation (73 FR at 50890–50891). 

Based on comments received and after 

further consideration of the issue, FSIS 

has decided to continue to permit 

custom operators to slaughter for human 

food cattle that become non-ambulatory 

disabled after they are delivered to a 

custom operation if the custom operator 

does not observe any other condition 

that would render the animal unfit for 

human food. 

Comments and Responses 

FSIS received approximately 58,000 

comments in response to the proposed 

rule. Among the commenters were 

private citizens, animal welfare 

advocacy organizations, meat and dairy 

trade associations, consumer advocacy 

organizations, organizations that 

represent meat processors, cattlemen 

and cattle feeders associations, a 

stockgrowers association, a state 

department of agriculture, a veterinary 

medical association, a physician’s 

committee, and a national restaurant 

chain. The majority of comments were 

form letters submitted by private 

citizens and animal welfare 

organizations concerned about the 

humane treatment of animals. 

Comment: The majority of private 

citizen, animal welfare advocacy 

organization, and consumer advocacy 

organization comments supported the 

adoption of the proposed rule requiring 

the condemnation of all non-ambulatory 

disabled cattle, including those that 

become non-ambulatory disabled after 

passing ante-mortem inspection. The 

commenters asserted that the rule is 

necessary to improve food safety and to 

ensure the humane handling of nonambulatory disabled cattle at slaughter. 

The commenters asserted that the 

current regulatory provision for a caseby-case determination concerning the 

disposition of certain non-ambulatory 

disabled cattle created the unintended 

effect of encouraging establishments to 

present weakened cattle for anteVerDate Nov<24>2008 13:31 Mar 17, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1

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11464 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

mortem inspection. The commenters 

argued that this unintended 

circumstance encourages the abusive 

treatment of cattle. 

Response: FSIS agrees with the 

commenters that this rule will foster 

more efficient and effective ante-mortem 

inspection procedures and better ensure 

compliance with humane handling 

requirements. FSIS also agrees with 

commenters that the rule is necessary to 

preclude establishments from 

attempting to force non-ambulatory 

disabled animals to rise for FSIS reinspection. The Agency also believes 

that it is important to clarify whether 

establishments must specifically notify 

FSIS when cattle become nonambulatory disabled after passing antemortem inspection to ensure that 

animals not eligible for slaughter do not 

enter the slaughter operation, and that 

they are properly and humanely 

handled and disposed of in accordance 

with regulatory requirements. 

Comment: Several meat processor and 

cattlemen associations requested that 

the Agency reevaluate the decision 

regarding the custom slaughter 

exemption for personal use. 

Response: After carefully considering 

this issue, the Agency has decided to 

continue to allow custom operators to 

slaughter for human food cattle that 

become non-ambulatory disabled after 

they are delivered to a custom slaughter 

facility if the operator does not observe 

any other condition that would render 

the animal unfit for human food. Cattle 

slaughtered under a custom exemption 

and the associated beef products are not 

sold in commerce to the public. Custom 

exempt product is required to be 

delivered to the owner of the livestock 

and only for the owner’s personal use. 

In addition, based upon the 2007 FSIS 

survey data discussed below, the 

Agency estimates that the number of 

animals that would become nonambulatory disabled after arriving at a 

custom operation is so small as to be de 

minimis. 

Comment: Most of the private citizen, 

animal welfare advocacy organization, 

and consumer advocacy organization 

comments that supported the proposed 

prohibition on the slaughter of all nonambulatory disabled cattle requested 

that the Agency extend the ban to cover 

all livestock. 

Response: The proposed rule 

addressed ante-mortem inspection and 

humane handling issues related to nonambulatory disabled cattle, not other 

livestock. This issue is outside the scope 

of this rulemaking. However, as the 

Agency has noted in a prior rulemaking 

(72 FR 38722), it plans to evaluate 

measures that may be necessary to 

ensure the humane handling of 

livestock. 

Comment: Most of the private citizen, 

animal welfare advocacy organization, 

and consumer advocacy organization 

comments that supported the ban on the 

slaughter of non-ambulatory disabled 

cattle requested that the Agency extend 

this prohibition to auction markets, 

stockyards, and transport vehicles. 

Response: FSIS is making no changes 

based upon these comments. The 

Agency has jurisdiction only at official 

establishments. FSIS has no authority 

over the handling of cattle at auction 

markets, stockyards, or in transport 

vehicles before they reach official 

establishments. 

Comment: Several of the private 

citizen, animal welfare advocacy 

organization, and consumer advocacy 

organization comments recommended 

that non-ambulatory disabled cattle be 

immediately euthanized. Several animal 

welfare advocacy organizations 

comments also recommended that FSIS 

take additional actions to ensure 

humane handling of livestock, including 

assigning more inspectors to enforce 

humane handling procedures, requiring 

video surveillance, and conducting 

undercover investigations. 

Response: The Humane Methods of 

Slaughter Act of 1978 (HMSA) (Section 

1901, 1902, and 1906) requires that 

livestock, including non-ambulatory 

disabled cattle, be humanely handled in 

connection with slaughter. Because the 

HMSA and regulations require that nonambulatory disabled cattle be humanely 

handled, FSIS has determined that it is 

not necessary to amend this regulation 

because humane handling requires that 

such cattle be promptly euthanized. 

FSIS does not believe that it is necessary 

to require video surveillance. FSIS has 

issued instructions to field personnel 

concerning humane handling 

requirements for non-ambulatory 

disabled livestock (Directive 6900.1). 

FSIS will revise instructions to the field 

and its operational procedures as 

necessary to implement this final rule to 

include consideration of an increase, 

when appropriate, in the number of 

humane handling verification activities 

that inspection program personnel 

perform. 

Comment: Several industry 

commenters who supported the 

proposal recommended that FSIS make 

clear its procedure for determining 

when a bovine animal is nonambulatory disabled. 

Response: FSIS determined that no 

additional changes to the regulations 

were necessary to address this 

comment. The regulations define nonambulatory disabled livestock, which 

includes bovine, as, ‘‘livestock that 

cannot rise from a recumbent position 

or cannot walk, including, but not 

limited to, those with broken 

appendages, severed tendons or 

ligaments, nerve paralysis, fractured 

vertebral column or metabolic 

conditions’’ (9 CFR 309.2(b)). 

FSIS Directive 6100.1 ‘‘Ante-mortem 

Livestock Inspection’’ and an associated 

‘‘Q and A’’ document provide guidance 

to FSIS inspection personnel for 

determining whether an animal is nonambulatory disabled. FSIS PHVs are 

trained to determine when a bovine is 

unable to rise or unable to walk. FSIS 

will, of course, revise its directives as 

necessary to ensure implementation of 

this final rule. 

Comment: Several industry 

commenters who opposed the proposed 

amendment stated that the current 

regulatory provision should remain 

unchanged, allowing cattle that become 

non-ambulatory disabled after passing 

ante-mortem inspection to be 

reevaluated by an FSIS PHV. 

Response: FSIS disagrees with the 

comment. The events at the Hallmark/ 

Westland establishment demonstrate 

that FSIS inspection personnel are not 

always notified when cattle become 

non-ambulatory disabled after they pass 

ante-mortem inspection. Thus, under 

the former regulations, and specifically 

at Hallmark/Westland, non-ambulatory 

disabled cattle that had not consistently 

received proper and adequate antemortem inspection were slaughtered for 

human food. In addition, the events at 

Hallmark demonstrate that requiring reinspection of cattle that become nonambulatory disabled after ante-mortem 

inspection may have created an 

incentive for establishments to 

inhumanely attempt to force these 

animals to rise. Therefore, FSIS has 

determined that a change in the 

regulation is needed to ensure more 

effective and efficient implementation 

of inspection procedures and 

compliance with humane handling 

requirements at official establishments. 

Comment: Several industry 

commenters opposed the proposed 

amendment because they believed that 

changing the regulation would be a 

significant expense for small and very 

small meat processors. However, the 

comments did not include any data to 

support this assertion. The commenters 

stated that having FSIS PHVs reevaluate the animal provides the 

establishments with the ability to 

salvage an animal that may have slipped 

and broken a leg, or temporarily became 

too exhausted to move to slaughter. 

Response: As noted above, FSIS 

inspection personnel have not always 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11465 

1FSIS Animal Disposition Reporting System 

(ADRS) database, 2007. Number does not include 

veal calves or other calves. 

been notified when cattle become nonambulatory disabled after they pass 

ante-mortem inspection. In addition, 

requiring re-inspection of cattle that 

become non-ambulatory disabled after 

ante-mortem inspection may have 

created an incentive for establishments 

to inhumanely attempt to force these 

animals to rise. Allowing this reinspection may have encouraged 

establishments or livestock producers to 

hold ill or injured cattle from slaughter 

longer in an attempt to allow them to 

sufficiently recover to pass the initial 

ante-mortem inspection before 

collapsing. 

Further, the re-inspection rule may 

have provided an incentive for livestock 

producers to hold cattle until they were 

already weakened. Holding dairy cattle 

until they become exceptionally old or 

weak before sending them to slaughter 

allows producers to extract as much 

milk as possible in the hope that they 

are able to pass the initial ante-mortem 

inspection before going down. Sending 

such weakened cattle to slaughter 

increases the chances that they will go 

down and then be subjected to 

conditions that are inhumane. This 

revision of the rule removes the 

incentive to send such weakened cattle 

to slaughter and decreases the chances 

of inhumane conditions. 

Therefore, the amendments in this 

rule are needed to ensure the effective 

implementation of ante-mortem 

inspection and humane handling 

requirements at all official 

establishments, including small or very 

small facilities. Also, as discussed 

below, the Agency’s analysis of the 

estimated cost of this rule to small and 

very small establishments would be 

about $883,500 to $1,342,600 annually, 

which is insignificant compared to the 

value of their annual production of 

about $8.4 billion. These commenters 

did not explain the basis for their 

assertion or offer alternative data 

demonstrating the inadequacy of the 

data used by the Agency to estimate the 

costs of this rule. 

Comment: Several industry 

commenters who opposed the proposed 

amendment stated that the risk of BSE 

is very low because of interlocking 

safeguards that the U.S. has 

implemented, and that, thus, the change 

to current policies is unnecessary. 

Response: This final rule may help to 

reinforce the existing prohibition on the 

slaughter of non-ambulatory disabled 

cattle by ensuring the humane 

disposition of such animals at official 

establishments. In addition, FSIS has 

concluded that this final rule will better 

ensure more efficient and effective 

implementation of inspection and 

humane handling requirements at 

official establishments. 

Comment: One industry commenter 

criticized the economic analysis because 

FSIS stated that it is difficult to estimate 

the passing-through of industry cost to 

consumers. 

Response: FSIS calculated the cost 

impact using the best data that are 

available to the Agency, which includes 

both survey data and market data. The 

cost impact is at most 0.01% of small 

and very small establishments’ annual 

production. Therefore, there is strong 

evidence for concluding that the cost of 

the rule is not significant. The costs that 

industry will pass through to consumers 

do not affect the total cost estimate. In 

the proposed and final Executive Order 

12866 and Regulatory Flexibility Act 

analyses, FSIS recognizes that industry 

will pass some of its costs to consumers. 

The commenter did not explain the 

basis for concluding that the data used 

by FSIS was inadequate. In addition, the 

Agency did not receive any data 

suggesting the cost estimates that it 

presented in the proposal were 

inaccurate. Therefore, the Agency is not 

revising its original cost estimates. 

Comment: One meat association that 

supported the proposal stated that the 

Agency should make clear that the 

amendments in this final rule that 

prohibit the slaughter of nonambulatory disabled cattle, including 

those that become non-ambulatory 

disabled after passing ante-mortem 

inspection, do not affect the current 

regulatory provisions concerning the 

setting aside of non-ambulatory veal 

calves. 

Response: The provisions of this final 

rule do not affect 9 CFR 309.13. Under 

the final rule, all non-ambulatory 

disabled cattle that are offered for 

slaughter, including non-ambulatory 

veal calves, must be condemned and 

disposed of in accordance with 9 CFR 

309.13. Section 309.13 of 9 CFR applies 

after livestock, including veal calves, 

have been condemned. Among other 

provisions, 9 CFR 309.13(b) provides 

that veal calves that are unable to rise 

from a recumbent position and walk 

because they are tired or cold may be set 

apart and held for treatment but only 

under appropriate FSIS supervision. 

Comment: One industry commenter 

requested that the Agency clarify that 

the prohibition of the slaughter of nonambulatory disabled cattle has no 

bearing on the stunning of some breeds 

in the outside pen prior to entering the 

slaughter facility. 

Response: All cattle, regardless of the 

breed, are subject to ante-mortem 

inspection at official establishments. 

Some cattle breeds, such as Longhorns 

and Watusis, are typically stunned in 

outside pens after ante-mortem 

inspection because the width of their 

horns prevents them from entering 

slaughter facilities. After stunning, these 

animals are then moved inside the 

facility. This proposed rule has no effect 

on this practice. However, if such cattle 

are non-ambulatory disabled, they 

cannot proceed to slaughter and must be 

condemned and properly disposed of. 

Executive Order 12988 

This final rule has been reviewed 

under the Executive Order 12988, Civil 

Justice Reform. Under this rule: (1) All 

State and local laws and regulations that 

are inconsistent with this rule will be 

preempted; (2) no retroactive effect will 

be given to this rule; and (3) no 

retroactive proceedings will be required 

before parties may file suit in court 

challenging this rule. Following the 

proposed rule, FSIS did not obtain any 

new data or receive specific comments 

concerning the effects of this rule that 

would lead FSIS to change its estimates 

in the proposed Executive Order 12866 

and Regulatory Flexibility Act analysis. 

Therefore, the Executive Order 12866 

and the Regulatory Flexibility Act 

analysis below are consistent with the 

analyses in the proposed rule (73 FR 

50891). 

Executive Order 12866 and the 

Regulatory Flexibility Act 

This rule was reviewed by the Office 

of Management and Budget under 

Executive Order 12866 and was 

determined to be significant. 

This rule will require that all cattle 

that are non-ambulatory disabled at any 

time prior to slaughter in official 

establishments, including those that 

become non-ambulatory disabled after 

passing ante-mortem inspection, be 

condemned and disposed of properly. 

This rule is necessary to better ensure 

effective and efficient implementation 

of inspection procedures and of humane 

handling requirements. 

Cost of the Final Action 

Under this rule, the beef industry will 

lose the market value of certain nonambulatory disabled cattle that the 

establishments could have slaughtered 

for human food after the cattle passed 

the re-inspection. Based on the Agency’s 

2007 survey data, out of the 

approximately 33.7 million cattle 

slaughtered in 2007,1 FSIS estimates 

that about 1,300 cattle—about 600 cull 

cattle (i.e., mostly cows and bulls) and 


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11466 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

2To estimate the number of such cattle, FSIS 

conducted two surveys on the number of cattle that 

became non-ambulatory after ante-mortem 

inspection then passed the re-inspection in July 

through December 2007. One survey focused on 

establishments that slaughter predominantly cull 

cattle, and the other focused on ones that slaughter 

steers and heifers. FSIS extrapolated the 6-month 

data to annual figures. 

3See Economic Analysis: Final Regulatory Impact 

Analysis Final Rule, Prohibition of the Use of 

Specified Risk Materials for Human Food and 

Requirements for the Disposition of NonAmbulatory Disabled Cattle Offered for Slaughter, 

and Prohibition of the Use of Certain Stunning 

Devices Used to Immobilize Cattle during Slaughter 

(FSIS Docket No. 03–025F), FSIS/USDA, June 28, 

2007. http://www.fsis.usda.gov/ 

Regulations_&_Policies/ 

2007_Interim_&_Final_Rules_Index/index.asp. 

4The value is measured by dressed carcass 

equivalent, ibid., pp.161–169. 

700 steers and heifers—were in this 

category.2 Data from the Agricultural 

Marketing Service (AMS) indicate that 

the market value for a cull cattle carcass 

and parts is between $500 and $1,000, 

and the market value for a steer or heifer 

carcass and parts is between $900 and 

$1,100 (National Weekly Cattle and Beef 

Summary and National Weekly Cow 

and Boneless Beef Summary, USDA 

Livestock & Grain Market News 

(http://www.ams.usda.gov/ 

LSMarketNews), June 2008). Therefore, 

the estimated total market value of the 

carcasses and parts from cattle that 

would be condemned under this final 

rule would be in the range of $930,000 

to $1,370,000 per year. This estimate is 

conservative in that it does not take into 

account the salvage value less the cost 

for handling and disposal of the 

condemned carcasses. 

Although the above analysis focuses 

on costs to the beef industry, the 

industry eventually will pass at least 

some part of the additional cost to 

consumers through higher prices or 

reduced production. This is an indirect 

cost to the consumers and is difficult to 

estimate ex-ante without data. 

Benefits of the Final Rule 

This final rule is intended to ensure 

more effective and efficient 

implementation of inspection 

procedures and improve compliance 

with humane handling requirements. 

This action will provide efficiencies to 

food safety inspection by removing the 

regulatory provision that permits 

establishments to seek re-inspection to 

determine whether certain nonambulatory cattle can be tagged as ‘‘U.S. 

Suspect’’ if those cattle become nonambulatory disabled after passing antemortem inspection. 

Regulatory Flexibility Analysis 

The FSIS Administrator has 

determined that this final rule will not 

have a significant impact on a 

substantial number of small entities, as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601). In the Final 

Regulatory Impact Analysis of SRM 

final rule,3 the Agency estimated that 

the rule would possibly affect 2,026 

small and very small beef slaughter 

establishments. This includes 680 

federally inspected establishments and 

1,346 state inspected establishments. 

Such potential effects are not, however, 

expected to be significant given the very 

small number of cattle involved. 

The estimated total annual cost of this 

rule of $930,000 to $1,370,000 is for the 

entire beef industry. The Agency 

estimates that small and very small 

establishments slaughter about 95% to 

98% of the 1,300 non-ambulatory 

disabled cattle estimated from the 

survey. Therefore, the estimated annual 

cost to the small and very small 

establishments would be about $883,500 

to $1,342,600, which is insignificant 

compared to the value of their annual 

production of about $8.4 billion.4

Paperwork Reduction Act 

This rule has been reviewed under the 

Paperwork Reduction Act and imposes 

no new paperwork or recordkeeping 

requirements. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

located at http://www.fsis.usda.gov/ 

regulations_&_policies/ 

2009Interim_&_Final_Rules_Index/ 

index.asp. FSIS will also make copies of 

this Federal Register publication 

available through the FSIS Constituent 

Update, which is used to provide 

information regarding FSIS policies, 

procedures, regulations, Federal 

Register notices, FSIS public meetings, 

and other types of information that 

could affect or would be of interest to 

constituents and stakeholders. The 

Update is communicated via Listserv, a 

free electronic mail subscription service 

for industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an email subscription service which 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 309 

Ante-mortem inspection. 

■ For the reasons discussed in the 

preamble, FSIS is amending 9 CFR 

Chapter III as follows: 

PART 309—ANTE-MORTEM 

INSPECTION 

■ 1. The authority citation for part 309 

continues to read as follows: 

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53. 

■ 2. Section 309.3(e) is revised to read 

as follows: 

§ 309.3 Dead, dying, disabled, or diseased 

and similar livestock. 

* * * * * 

(e) Establishment personnel must 

notify FSIS inspection personnel when 

cattle become non-ambulatory disabled 

after passing ante-mortem inspection. 

Non-ambulatory disabled cattle that are 

offered for slaughter must be 

condemned and disposed of in 

accordance with § 309.13. 

Done at Washington, DC, on: March 16, 

2009. 

Alfred Almanza, 

Administrator. 

[FR Doc. E9–5987 Filed 3–16–09; 4:15 pm] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0983; Airspace 

Docket No. 08–ASO–14] 

Modification of Class D Airspace; 

MacDill AFB, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published in the Federal Register (73 

FR 60622) that modifies Class D 

Airspace at MacDill AFB, FL to reflect 


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