Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54059 

from USDA-accredited certifying agents, 

U.S. certified organic acreage increased 

to 4 million acres. 

The U.S. sales of organic food and 

beverages have grown from $1 billion in 

1990 to nearly $17 billion in 2006. The 

organic industry is viewed as the fastest 

growing sector of agriculture, 

representing almost 3 percent of overall 

food and beverage sales. Since 1990, 

organic retail sales have historically 

demonstrated a growth rate between 20 

to 24 percent each year, including a 22 

percent increase in 2006. 

In 2005, U.S. retail sales of organic 

poultry products were $161 million. 

The growth rate for organic poultry 

retail sales is estimated at between 23 

and 38 percent per year. Organic egg 

sales were $161 million in 2005 and are 

projected to grow at a rate of 8 to 13 

percent per year. The organic industry, 

in 2005, raised approximately 13.8 

million birds. Organic poultry is raised 

in 40 of the 50 states. In addition to 

being sold as whole products, organic 

eggs and poultry are used in the 

production of organic processed 

products such as eggnog, ice cream, 

soups, broth, noodles, French toast, 

pancakes, waffles, tartar sauce, 

hollandaise sauce, mayonnaise, salad 

dressing, cookies, cakes, cheese cakes, 

bread, and other bakery goods. 

In addition, USDA has 95 accredited 

certifying agents who provide 

certification services to producers and 

handlers. A complete list of names and 

addresses of accredited certifying agents 

may be found on the AMS NOP Web 

site, at http://www.ams.usda.gov/nop. 

AMS believes that most of these entities 

would be considered small entities 

under the criteria established by the 

SBA. 

D. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this final rule. 

Accordingly, OMB clearance is not 

required by section 350(h) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq., or OMB’s 

implementing regulations at 5 CFR part 

1320. 

The AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

E. Discussion of Comments Received 

Six (6) comments were received on 

the proposed revision to extend the use 

of synthetic Methionine in organic 

poultry production until October 1, 

2010. Comments were received from a 

consumer, a poultry producer, a trade 

association, a Cooperative, and 2 

accredited certifying agents. Two (2) 

comments opposed and 4 supported 

extending the current authorization for 

the use of synthetic Methionine. 

One or more of the comments in 

support of the extension either 

acknowledged the need to continue to 

look for substitutes or find alternatives 

for Methionine or supported the Board’s 

efforts in this regard. Comments in 

opposition were received from a 

consumer and a poultry producer 

associated with an accredited certifying 

agent who forwarded a comment from 

the accredited certifying agent. The 

consumer opposed the use of synthetic 

substances in organic production in 

general. The poultry producer opposed 

extended authorization for the use of 

Methionine and claims to be raising 

broiler and breeder chickens and 

turkeys without the use of Methionine. 

Neither commenter provided any 

evidence that the National Organic 

Standards Board’s recommendation to 

extend the authorization for Methionine 

was in error or that wholly natural 

substitute products are presently 

available in sufficient supplies to meet 

poultry producer needs. After full 

consideration of these comments, we 

have determined that the record 

supports extension of the authorized use 

of Methionine until October 1, 2010. 

This extension will provide the organic 

feed sector with the time to create 

sufficient supplies of wholly natural 

substitute products. 

F. Effective Date 

This final rule reflects 

recommendations submitted to the 

Secretary by the NOSB for extending the 

use of Methionine, a synthetic 

substance, in organic poultry 

production until October 1, 2010. The 

NOSB evaluated this substance using 

criteria in the OFPA. The substance’s 

evaluation was initiated by a petition 

from the Methionine Task Force. 

The NOSB determined that while 

wholly natural substitute products exist, 

they are not presently available in 

sufficient supplies to meet poultry 

producer needs. Therefore, synthetic 

Methionine is presently a necessary 

component of a nutritionally adequate 

diet for organic poultry. Loss of the use 

of Methionine, at this time, would 

disrupt the well-established organic 

poultry market and cause substantial 

economic harm to organic poultry 

operations, as well as to organic 

handling operations that rely on organic 

eggs and poultry in the production of 

organic processed products. 

Accordingly, pursuant to 5 U.S.C. 

553, it is found and determined that 

good cause exists for not postponing the 

effective date of this rule until 30 days 

after publication in the Federal Register 

because this rulemaking should be 

completed before the use of Methionine 

expires for organic poultry operations 

on October 1, 2008. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

■ For the reasons set forth in the 

preamble, 7 CFR part 205, subpart G is 

amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

§ 205.603 [Amended] 

■ 2. Section 205.603(d)(1) is amended 

by removing ‘‘2008’’ and adding 

‘‘2010’’in its place. 

Dated: September 12, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–21785 Filed 9–17–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

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

[Docket No. APHIS–2008–0077] 

RIN 0579–AC84 

National Animal Identification System; 

Use of 840 Animal Identification 

Numbers for U.S.-Born Animals Only 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations concerning the interstate 


dwashington3 on PRODPC61 with RULES
54060 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

1To view the interim rule, the comments we 

received, and the subsequent final rule, go to 

http://www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2004-0018. 

movement of animals to limit the use of 

the animal identification number (AIN) 

with the 840 prefix to animals born in 

the United States. In addition, we are 

extending the restrictions on the 

removal of official identification devices 

to include devices applied to imported 

animals in their countries of origin. We 

are also requiring that if such a device 

is lost following importation into the 

United States, the animal may only be 

retagged with an official identification 

device using a numbering system other 

than an AIN beginning with an 840 

prefix. These requirements are 

necessary to enhance our traceback 

capabilities for both domestic and 

imported animals in the event of a 

disease outbreak. 

DATES: This interim rule is effective 

September 18, 2008. We will consider 

all comments that we receive on or 

before November 17, 2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2008-0077 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0077, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0077. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

John Wiemers, Senior Staff Officer, 

National Animal Identification Staff, 

VS, APHIS, 2100 S. Lake Storey Rd., 

Galesburg, IL 61401; (309) 344–1942. 

SUPPLEMENTARY INFORMATION: 

Background 

As part of its ongoing efforts to 

safeguard animal health, the U.S. 

Department of Agriculture (USDA) 

initiated implementation of the National 

Animal Identification System (NAIS) in 

2004. The NAIS is a cooperative StateFederal-industry program administered 

by the USDA’s Animal and Plant Health 

Inspection Service (APHIS). 

In an interim rule effective and 

published in the Federal Register on 

November 8, 2004 (69 FR 64644–64651, 

Docket No. 04–052–1), we amended the 

regulations to recognize the animal 

identification number (AIN) for the 

identification of individual animals in 

interstate commerce and State/Federal/ 

industry cooperative disease control and 

eradication programs, the group/lot 

identification number (GIN) for the 

identification of groups or lots of 

animals, and the premises identification 

number (PIN) for the identification of 

premises where animals are managed or 

held. These numbering systems are key 

elements in the NAIS. 

On July 18, 2007, APHIS adopted that 

interim rule as a final rule (72 FR 

39301–39307, Docket No. 04–052–2) 1

with several changes. Neither the 

interim rule nor the final rule required 

the use of the newly recognized 

numbering systems. 

The regulations established by the 

November 2004 interim and the July 

2007 final rule describe the AIN as a 

number containing 15 digits, with the 

first 3 being the country code (840 for 

the United States), the alpha characters 

USA, or the numeric code assigned to 

the manufacturer of the identification 

device by the International Committee 

on Animal Recording. To the extent 

practical, we anticipate phasing out the 

USA and manufacturer’s code 

numbering systems as we progress 

toward full implementation of the NAIS 

and recognizing as official only the AIN 

with the 840 prefix. 

In this interim rule, we are amending 

the definition of animal identification 

number (AIN) in §§ 71.1, 77.2, 78.1, 

79.1, and 80.1 to limit the use of the 

AIN with the 840 prefix to animals born 

in the United States. Limiting the use of 

the 840 AIN to animals born in the 

United States will help us to determine 

the origin of an officially identified 

domestic animal in a more timely 

fashion in the event of a disease 

outbreak. As was the case with the 

November 2004 interim rule and the 

July 2007 final rule, the current 

rulemaking does not require producers 

to use the 840 AIN for the identification 

of individual animals. The regulations 

governing the use of AINs with other 

prefixes (e.g., USA or a manufacturer’s 

code), and of official eartags using other 

numbering systems (e.g., the National 

Uniform Eartagging System, a premisesbased number system, etc.) remain 

unchanged. 

The regulations in §§ 71.1, 77.2, 78.1, 

79.1, and 80.1 have not contained a 

definition of the term United States. 

However, they all contain a definition of 

the term State. To accommodate the 

change to the AIN definition, we are 

also adding to each of these sections a 

definition of United States. Consistent 

with the Animal Health Protection Act 

(7 U.S.C. 8302), United States is defined 

as ‘‘all of the States.’’ 

Complementing the changes 

discussed above, we are amending the 

regulations in § 71.22 to require that if 

an official identification device applied 

to an imported animal in its country of 

origin is lost following importation into 

the United States, the animal may only 

be retagged with an official 

identification device using a numbering 

system other than an 840 AIN. In 

addition, we are adding language to 

§ 71.22 to clarify that the restrictions 

contained therein on the removal of 

official identification devices extend to 

the removal of animal identification 

devices that are officially recognized by 

APHIS for animals entering the United 

States from other countries. Although 

additional official identification may be 

necessary for imported animals while 

they are in the United States, the 

retention of the foreign identification 

devices is essential for complete and 

proper traceability. 

In addition to enhancing our 

traceback capabilities, the regulatory 

changes contained in this interim rule 

will aid in the implementation of 

country of origin labeling (COOL). 

Under provisions contained in the Farm 

Bill of 2002, covered commodities, 

including certain beef, lamb, chicken, 

goat, and pork cuts and products, will 

be subject to COOL requirements 

beginning September 30, 2008. In order 

for retailers to accurately label these 

products, producers must provide 

country of origin information about the 

livestock from which the products were 

derived. Animal identification that 

meets NAIS standards can play a 

valuable role in the COOL program. 

Such identification may include both 

the AIN and the GIN, the latter 

employing a format that includes a 

seven-digit PIN. 

Immediate Action 

Immediate action is necessary to 

enhance our animal traceback 

capabilities so that we may better 

contain animal disease outbreaks. 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54061 

2Table of Size Standards based on NAICS 2002. 

Washington, DC: U.S. Small Business 

Administration, effective October 1, 2007. Note: 

NAICS code 326199 comprises establishments 

primarily engaged in manufacturing plastic 

products (except film, sheet, bags, profile shapes, 

pipes, pipe fittings, laminates, foam products, 

bottles, plumbing fixtures, and resilient floor 

coverings). 

3 2002 Economic Census—Manufacturing Series. 

Washington, DC: U.S. Census Bureau, December 

2004. 

4USDA-National Agricultural Statistics Service, 

2007 Agricultural Statistics, Tables 7–18, 7–26, and 

7–53. Washington, DC: National Agricultural 

Statistics Service. 

5The small entity definition for livestock 

producers (NAICS codes: 112111, 112120, 112210, 

112410, and 112420) is one that has $750,000 or 

less in annual receipts, according to the SBA’s 

Table of Size Standards. 

Immediate action will also allow 

producers to use the 840 AIN for 

puposes of the COOL program. Under 

these circumstances, the Administrator 

has determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule has been reviewed 

under Executive Order 12866. The rule 

has been determined to be not 

significant for the purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. The full analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This interim rule amends the 

regulations concerning the interstate 

movement of animals to limit the use of 

the AIN with the 840 prefix to animals 

born in the United States. In addition, 

we are extending the restrictions on the 

removal of official identification devices 

to include devices applied to imported 

animals in their countries of origin. We 

are also requiring that if such a device 

is lost following importation into the 

United States, the animal may only be 

retagged with an official identification 

device using a numbering system other 

than an AIN beginning with an 840 

prefix. These requirements are 

necessary to enhance our traceback 

capabilities for both domestic and 

imported animals in the event of a 

disease outbreak. 

In addition to enhancing our 

traceback capabilities, this rulemaking 

also provides a convenient way for U.S. 

producers and retailers to comply with 

the COOL program. Under provisions 

contained in the Farm Bill of 2002, 

covered commodities, including certain 

beef, lamb, chicken, goat, and pork cuts 

and products, will be subject to COOL 

requirements beginning September 30, 

2008. In order for retailers to accurately 

label these products, producers will 

need to provide information on the 

origins of their livestock. Animal 

identification that meets NAIS 

standards can play a valuable role in the 

COOL program. Such identification may 

include both the AIN and the GIN, the 

latter employing a format that includes 

a seven-digit PIN. This rule will allow 

producers to use the 840 AIN for 

puposes of the COOL program. 

The Regulatory Flexibility Act 

requires that agencies specifically 

consider the economic impact of their 

rules on small entities. Those entities 

most likely to be affected by the rule are 

domestic producers of animal eartags 

and livestock producers. The Small 

Business Administration (SBA) has 

established guidelines for determining 

which establishments are considered 

small. 

The SBA small-entity size standard 

for North American Industry 

Classification System (NAICS) code 

326199, which comprises plastic 

product manufacturers not otherwise 

identified, is 500 or fewer employees.2

According to the 2002 Economic 

Census, there were 7,892 establishments 

in this category engaged in the 

manufacturing of plastic products, with 

over 492,000 paid employees.3 We do 

not currently have enough information 

to determine how many of these 

establishments engaged in the 

manufacture of plastic eartags, or how 

many have 500 or fewer employees. 

Limiting use of AINs beginning with the 

840 prefix to U.S.-born animals should 

not affect the costs of producing tags. It 

may, however, enhance the 

marketability of these tags, as they can 

be used for purposes of the COOL 

program. 

In 2006, there were a total of 971,400 

cattle operations, 65,540 hog and pig 

operations, and 69,090 sheep and lamb 

operations in the United States.4 The 

overwhelming majority of these 

operations are considered small entities 

according to SBA standards.5 The 

interim rule is not expected to have 

significant economic effects on these 

livestock establishments, as it is not 

expected to affect the cost of animal 

eartags. 

Limiting use of 840 AINs to U.S.-born 

animals is expected to benefit the 

livestock sector generally, and 

producers in particular, by enhancing 

APHIS’ animal disease response 

capabilities. The interim rule will also 

provide a readily available, convenient, 

effective, and cost-effective means of 

complying with the COOL regulations 

and meeting requirements for State/ 

Federal animal disease programs and 

interstate commerce. Use of the AIN 

with the 840 prefix will not be required, 

and other animal identification 

numbering systems currently permitted 

for use on official eartags, such as the 

National Uniform Eartagging System 

and premises-based number systems, 

will continue to be recognized as 

official. Therefore, no animals will be 

required to be retagged due to this rule. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 


dwashington3 on PRODPC61 with RULES
54062 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

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. 

■ Accordingly, we are amending 9 CFR 

parts 71, 77, 78, 79, and 80 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 definition of animal identification 

number (AIN) and by adding a 

definition of United States 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 providing a nationally 

unique identification number for each 

animal. The AIN contains 15 digits, 

with the first 3 being the country code 

(840 for the United States), the alpha 

characters USA, or the numeric code 

assigned to the manufacturer of the 

identification device by the 

International Committee on Animal 

Recording. The AIN beginning with the 

840 prefix may be used only on animals 

born in the United States. 

* * * * * 

United States. All of the States. 

* * * * * 

■ 3. Section 71.22 is revised 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, including devices applied to 

imported animals in their countries of 

origin and recognized by the 

Administrator as official, is prohibited 

except at the time of slaughter. If an 

official identification device is lost and 

it is necessary to retag an animal with 

a new official number, every effort 

should be made to correlate the new 

official number with the previous 

official number of the animal. If an 

official identification device applied to 

an imported animal in its country of 

origin is lost following importation into 

the United States, the animal may only 

be retagged with an official 

identification device using a numbering 

system other than an animal 

identification number beginning with 

the 840 prefix. 

PART 77—TUBERCULOSIS 

■ 4. The authority citation for part 77 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 5. Section 77.2 is amended by revising 

the definition of animal identification 

number (AIN) and by adding a 

definition of United States to read as 

follows: 

§ 77.2 Definitions. 

* * * * * 

Animal identification number (AIN). 

A numbering system for the official 

identification of individual animals in 

the United States providing a nationally 

unique identification number for each 

animal. The AIN contains 15 digits, 

with the first 3 being the country code 

(840 for the United States), the alpha 

characters USA, or the numeric code 

assigned to the manufacturer of the 

identification device by the 

International Committee on Animal 

Recording. The AIN beginning with the 

840 prefix may be used only on animals 

born in the United States. 

* * * * * 

United States. All of the States. 

* * * * * 

PART 78—BRUCELLOSIS 

■ 6. The authority citation for part 78 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 7. Section 78.1 is amended by adding 

‘‘animal identification number (AIN)’’ 

and ‘‘United States’’ to the list of terms, 

by revising the definition of animal 

identification number (AIN) to read as 

follows, and by adding a definition of 

United States to read as follows: 

§ 78.1 Definitions. 

* * * * * 

Animal identification number (AIN). 

A numbering system for the official 

identification of individual animals in 

the United States providing a nationally 

unique identification number for each 

animal. The AIN contains 15 digits, 

with the first 3 being the country code 

(840 for the United States), the alpha 

characters USA, or the numeric code 

assigned to the manufacturer of the 

identification device by the 

International Committee on Animal 

Recording. The AIN beginning with the 

840 prefix may be used only on animals 

born in the United States. 

* * * * * 

United States. All of the States. 

* * * * * 

PART 79—SCRAPIE IN SHEEP AND 

GOATS 

■ 8. The authority citation for part 79 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 9. Section 79.1 is amended by revising 

the definition of animal identification 

number (AIN) and by adding a 

definition of United States to read as 

follows: 

§ 79.1 Definitions. 

* * * * * 

Animal identification number (AIN). 

A numbering system for the official 

identification of individual animals in 

the United States providing a nationally 

unique identification number for each 

animal. The AIN contains 15 digits, 

with the first 3 being the country code 

(840 for the United States), the alpha 

characters USA, or the numeric code 

assigned to the manufacturer of the 

identification device by the 

International Committee on Animal 

Recording. The AIN beginning with the 

840 prefix may be used only on animals 

born in the United States. 

* * * * * 

United States. All of the States. 

* * * * * 

PART 80—JOHNE’S DISEASE IN 

DOMESTIC ANIMALS 

■ 10. The authority citation for part 80 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 11. Section 80.1 is amended by 

revising the definition of animal 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54063 

identification number (AIN) and by 

adding a definition of United States 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 providing a nationally 

unique identification number for each 

animal. The AIN contains 15 digits, 

with the first 3 being the country code 

(840 for the United States), the alpha 

characters USA, or the numeric code 

assigned to the manufacturer of the 

identification device by the 

International Committee on Animal 

Recording. The AIN beginning with the 

840 prefix may be used only on animals 

born in the United States. 

* * * * * 

United States. All of the States. 

Done in Washington, DC, this 12th day of 

September 2008. 

Cindy J. Smith, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. E8–21787 Filed 9–17–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2008–0067] 

Tuberculosis; Amend the Status of 

California From Accredited Free to 

Modified Accredited Advanced 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations to remove California from 

the list of accredited-free States for 

bovine tuberculosis and reclassify the 

State as modified accredited advanced. 

Because two affected cattle herds have 

been detected in California since 

November 2007, the State no longer 

meets our requirements for accreditedfree status. This action is necessary to 

reduce the likelihood of the spread of 

bovine tuberculosis within the United 

States. 

DATES: This interim rule is effective 

September 18, 2008. We will consider 

all comments that we receive on or 

before November 17, 2008. 

Compliance Date: The date for 

complying with certain requirements of 

9 CFR 77.10 for sexually intact heifers, 

steers, and spayed heifers moving 

interstate from California is delayed 

until further notice (see ‘‘Delay in 

Compliance’’ under SUPPLEMENTARY

INFORMATION). The compliance date for 

all other provisions in 9 CFR part 77 

applicable to the interstate movement of 

cattle and bison from the State of 

California is September 18, 2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2008-0067 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0067, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0067. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

C. William Hench, Senior Staff 

Veterinarian, National Tuberculosis 

Eradication Program, Veterinary 

Services, APHIS, 2150 Centre Ave., 

Bldg. B, MSC 3E20, Ft. Collins, CO 

80526; (970) 494–7378. 

SUPPLEMENTARY INFORMATION: 

Background 

Bovine tuberculosis is a contagious 

and infectious granulomatous disease 

caused by the bacterium Mycobacterium 

bovis. Although commonly defined as a 

chronic debilitating disease, bovine 

tuberculosis can occasionally assume an 

acute, rapidly progressive course. While 

any body tissue can be affected, lesions 

are most frequently observed in the 

lymph nodes, lungs, intestines, liver, 

spleen, pleura, and peritoneum. 

Although cattle are considered to be the 

true hosts of M. bovis, the disease has 

been reported in several other species of 

both domestic and nondomestic 

animals, as well as in humans. 

At the beginning of the past century, 

tuberculosis caused more losses of 

livestock than all other livestock 

diseases combined. This prompted the 

establishment in the United States of the 

National Cooperative State/Federal 

Bovine Tuberculosis Eradication 

Program for tuberculosis in livestock. 

In carrying out the national 

eradication program, the Animal and 

Plant Health Inspection Service issues 

and enforces regulations. The 

regulations require the testing of cattle 

and bison for tuberculosis, define the 

Federal tuberculosis status levels for 

States or zones (accredited-free, 

modified accredited advanced, modified 

accredited, accreditation preparatory, 

and nonaccredited), provide the criteria 

for attaining and maintaining those 

status levels, and contain testing and 

movement requirements for cattle and 

bison leaving States or zones of a 

particular status level. These regulations 

are contained in 9 CFR part 77 and in 

the Bovine Tuberculosis Eradication 

Uniform Methods and Rules, 1999, 

which is incorporated by reference into 

the regulations. 

Section 77.7 of the regulations lists 

accredited-free States and zones and 

also contains requirements for retention 

of accredited-free status. Under 

§ 77.7(c), if two or more affected herds 

are detected in an accredited-free State 

or zone within a 48-month period, that 

State or zone will be removed from the 

list of accredited-free States or zones 

and will be reclassified as modified 

accredited advanced. 

The State of California has been listed 

in § 77.7(a) as an accredited-free State 

for bovine tuberculosis. An 

epidemiological investigation of a 

tuberculosis-positive cow found through 

slaughter surveillance in December 2007 

resulted in the confirmation of an 

affected dairy herd in California. The 

State continued to conduct 

epidemiological investigations to detect 

bovine tuberculosis in domestic cattle 

herds, and a second affected dairy herd 

was recently identified in California. 

The finding of the second affected herd 

within a 48-month period means that 

California no longer meets the 

requirements for accredited-free status. 

Therefore, we are reclassifying the State 

as modified accredited advanced. This 

action is necessary to reduce the 

likelihood of the spread of tuberculosis 

within the United States. 

As a result of this action, cattle or 

bison being moved interstate from 

anywhere in California will now have to 


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