Livestock Identification; Use of Alternative Numbering Systems, 39301-39307 [E7-13932]
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Rules and Regulations
Federal Register
Vol. 72, No. 137
Wednesday, July 18, 2007
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 71, 77, 78, 79, and 80
[Docket No. 04–052–2]
RIN 0579–AC48
Livestock Identification; Use of
Alternative Numbering Systems
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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AGENCY:
SUMMARY: We are adopting as a final
rule, with several changes, an interim
rule that, among other things, amended
the regulations to allow for the use of
additional numbering systems for
purposes of animal and premises
identification. As amended by this
document, the rule recognizes
additional numbering systems for the
identification of animals in interstate
commerce and State/Tribe/Federal/
industry cooperative disease control and
eradication programs. Additionally, the
rule amends the regulations to authorize
the use of a numbering system to
identify premises where animals are
managed or held. These regulatory
changes are necessary to allow the use,
for official purposes, of the new
numbering systems in the National
Animal Identification System. Use of
the new numbering systems is not
required by this final rule.
EFFECTIVE DATE: July 18, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Neil Hammerschmidt, NAIS
Coordinator, Surveillance and
Identification Programs, National Center
for Animal Health Programs, VS,
APHIS, 4700 River Road Unit 200,
Riverdale, MD 20737–1231; (301) 734–
5571.
SUPPLEMENTARY INFORMATION:
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Background
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 additional
numbering systems for the identification
of animals in interstate commerce and
State/Federal/industry cooperative
disease control and eradication
programs. Additionally, the interim rule
amended the regulations to authorize
the use of a numbering system to
identify premises where animals are
managed or held. Specifically, the
interim rule recognized the animal
identification number (AIN) for the
identification of individual animals, 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. These new numbering
systems are key elements in the
National Animal Identification System
(NAIS). The changes we made to the
regulations in the interim rule were
necessary to allow the use of these new
numbering systems for official purposes
in disease control and eradication
programs. The interim rule did not
require use of the new numbering
systems, however. Finally, the interim
rule amended 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.
Comments on the interim rule were
required to be received on or before
January 7, 2005. We received 16
comments by that date. They were from
beef, cattle, sheep, goat, and poultry
producers; producers associations; and
State governments. The comments are
discussed below.
There were several comments
pertaining to our definition of the AIN.
Issues discussed included the need for
a nationally unique AIN, the recognition
of different types of AINs, a possible
alternative to the AIN, and the need for
having a sunset date for other types of
identification numbers so that the AIN
will be in effect nationally.
One commenter stated that the
definition of the AIN contained in our
November 2004 interim rule does not
require that the number be ‘‘nationally
unique’’ or indicate that there is a need
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to avoid duplication with existing
numbers. It would be useful, according
to this commenter, to include this
requirement in the definition of AIN so
that the rule is clear and specific
throughout.
We agree with this comment and are
changing the definition accordingly.
Since the NAIS is a national system, it
is important that each AIN be nationally
unique and that duplication be avoided.
This final rule amends the definition of
animal identification number (AIN) to
read as follows: ‘‘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 same commenter, noting that the
interim rule recognized three types of
AINs (those beginning with an ‘‘840’’
country code, with the alpha characters
‘‘USA’’, and with a numeric code
assigned to the manufacturer of the
device), stated that it was appropriate to
identify the three types of numbers as
‘‘official numbering systems’’ and that
the latter two forms should be referred
to using alternative terminology, e.g.,
‘‘American ID’’ for the ‘‘USA’’ number,
in order to prevent confusion. The
commenter expressed the concern that
only the ‘‘840’’ number will be
recognized in the NAIS.
We are not making any changes to the
final rule in response to this comment.
Because a uniform animal identification
numbering system is needed to make
the NAIS successful, we do intend that,
in the future, only the ‘‘840’’ AIN will
be recognized for official use, to the
extent practical. The interim rule
recognized the ‘‘USA’’ and
manufacturer’s code numbers in order
to avoid placing an excessive burden on
producers who were already using those
numbering systems for identifying their
animals. We view these numbering
systems as transitional, however, and
anticipate phasing them out as we
progress toward full implementation of
the NAIS. Additional information about
this phasing-out process and timelines
for the transition to APHIS’ recognition
of only the ‘‘840’’ AIN for official use
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will be provided in future rulemaking or
other documents.
Another commenter recommended
that we adopt a ‘‘universal animal
identification number (UAIN)’’ in place
of our AIN. While the UAIN could have
the same format as the AIN, the former
would be a permanent and unique
database number for a single animal and
would be linked with all physical
device identifiers associated with the
animal, including radio frequency
identification devices (RFIDs), visual
tags, retinal scans, DNA, brands, and
unlimited alternate identifiers. The
commenter stated that the UAIN could
be used at the producer’s option as the
RFID number, or another ISO-compliant
number could be used as an alternative.
According to the commenter, the UAIN
alternative would make it possible for
both currently accepted and new
identification technologies to be easily
adopted without having to reengineer
the official database over time. The
UAIN would also allow easy retagging
or reidentification, as retagging would
link a new physical identifier to the
original UAIN. There would be only one
UAIN linked with one animal.
We are not making any changes in
response to this comment. In the NAIS,
the AIN will provide the same
capabilities as would the commenter’s
recommended UAIN. The initial AIN
assigned to an animal will be its lifetime
number. Additionally, there is merit in
having the animal’s AIN attached to the
animal for visual collection and
subsequent recording for routine animal
health tests, as well as health
certificates. When a tag is lost and it is
necessary to assign a new AIN to an
animal, the pertinent NAIS databases
will cross-reference the replacement
AIN with the animal’s original AIN. It
is acknowledged that in some cases, the
animal’s original AIN may not be
known, and thus cross-referencing of
the two AINs will not be possible.
Another commenter suggested that, as
soon as possible, a reasonable sunset
date for identification numbers other
than the ‘‘840’’ AIN should be
established and communicated to
industry. The commenter stated that the
goal of the AIN implementation period
should be to minimize labor for
producers whose livestock are already
identified and to increase the number of
animals that can be easily recorded in
the system, while at the same time
transitioning all livestock to be
identified using one uniform,
standardized, and technology-neutral
numbering system for the NAIS.
While we are not making any changes
to the final rule as the result of this
comment, which is beyond the scope of
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the present rulemaking, we do agree
with the commenter. As noted above,
we view the ‘‘USA’’ and manufacturer’s
code AINs as transitional and intend to
phase them out as we progress toward
full implementation of the NAIS,
leaving the ‘‘840’’ AIN as the only one
recognized for official use, to the extent
practical. A date will be set for the
sunset of the ‘‘USA’’ and manufacturer’s
code numbers, and advance notice will
be provided to ensure a smooth
transition to the ‘‘840’’ number for
official use in disease control and
eradication programs.
A commenter suggested that the
definition of group/lot identification
number (GIN) should be amended in the
final rule to state that each animal
reported in a group movement be
required to have an individual animal
group identification tag and that the
number of head being moved in each
group should be reported to the official
database. In the absence of these
requirements, according to the
commenter, one has no way to prove
that the animals were part of the group
being moved once they are intentionally
or accidentally commingled at a
premises.
We are not making any changes to the
final rule in response to this comment.
Requiring an identification tag for each
individual animal in a group would
defeat the purpose and utility of group/
lot identification. The intent behind the
GIN is that the group of animals is
referenced by a unique number so that
each individual animal does not need to
be tagged.
We did determine, however, that we
needed to change the format of the GIN
slightly. The November 2004 interim
rule defined the GIN as consisting of a
seven-character PIN and a six-digit
representation of the date on which the
group or lot of animals was assembled.
That format made no provision for
situations where more than one group of
animals may be moved from a premises
on the same day. Several of the species
working groups that are working with
APHIS on the NAIS—the sheep industry
in particular—believed that the format
needed to be revised in order to allow
for the assignment of multiple GINs to
multiple groups of animals moving from
a premises on a single day. Therefore,
the GIN has been revised by adding two
digits. These two additional digits will
provide for the identification of up to 99
groups/lots of animals moving from a
premises on the same day. In this final
rule, we are amending the definition of
the GIN to reflect this change in format.
Other commenters discussed issues
pertaining to the PIN. Concerns
expressed by these commenters
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included the need for a nationally
unique PIN, potential ambiguity about
who will assign PINs, and the PIN
format.
The same commenter who stated that
we needed to specify that the AIN
would be a ‘‘nationally unique’’ number
offered a similar comment about the
PIN. Noting that the definition
contained in the November 2004 interim
rule states that the PIN is a ‘‘unique
number,’’ the commenter argued that
the final rule should state that the PIN
is a ‘‘nationally unique number.’’
We agree with this comment as well.
As with the AIN, it is important to avoid
duplication with the PIN. We are
amending the definition of premises
identification number (PIN) in this final
rule to indicate that it is a nationally
unique number.
We are also making some additional
modifications to the definition of
premises identification number (PIN) in
this final rule for the sake of
comprehensiveness, clarity, and
flexibility. While the definition in the
interim rule refers to PINs being
assigned by State or Federal animal
health authorities, the definition in this
final rule provides for Tribal authorities
to do so as well. Secondly, whereas the
PIN is currently defined, in part, as a
nationally unique number representing
a geographically distinct location from
other livestock production units, the
definition in this final rule refers to a
geographically distinct location from
other premises. This change,
complemented by a new definition of
premises as a location where livestock
or poultry are held or kept that we are
adding to § 71.1, makes the definition of
the PIN more inclusive than the one in
the interim rule. Finally, the definition
of the PIN in the interim rule also
stated, among other things, that the
number is associated with an address or
legal land description. In this final rule,
the definition indicates that the PIN is
associated with an address, geospatial
coordinates, and/or other location
descriptors which provide a verifiably
unique location. The new definition
provides greater flexibility by allowing
for additional means of determining
specific locations that will be associated
with PINs.
The same commenter also expressed
concern about the potential for
confusion regarding who assigns PINs to
premises. The commenter noted that the
interim rule indicated that the PIN can
be assigned by a State or Federal animal
health official and that the assignment
of the number is based on the judgment
of either the State or Federal animal
health official that the premises is a
geographically distinct location from
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other livestock production units.
According to the commenter, this
provision appears to open up
possibilities for jurisdictional conflict
and could result in producers receiving
conflicting information. The commenter
argued that the PINs should be assigned
to premises by the authorized animal
health official, who, in most cases,
would be the designated State animal
health official.
We are not making any changes to the
final rule as a result of this comment.
While it is a State or Tribe’s
responsibility to maintain the system to
register premises within its geographic
area and to be the direct contact for
producers registering their premises, the
NAIS, as a State-Tribal-Federal
cooperative program, necessitates
cooperative efforts for the interpretation
of premises definitions to ensure
consistent interpretation nationwide.
The definition of premises identification
number (PIN) contained in the interim
rule reflected the cooperative nature of
this enterprise, a point we are further
reinforcing by adding the reference to
Tribal authorities to the definition in the
final rule.
Another commenter expressed some
concerns about the format of the PIN, as
defined in our November 2004 interim
rule. The interim rule recognized a new
PIN format for official use: A sevencharacter alphanumeric code, with the
right-most character being a check digit.
This commenter suggested that adding
an alphanumeric checksum character to
a six-character code could increase the
number of transcription errors because a
seventh character could exceed the
normal range of short-term memory. The
commenter’s preferred solution would
have the numbers of digits in PINs vary
according to the primary function of a
particular premises. Commercial poultry
producers’ premises would have fivedigit PINs assigned to them. There
would be six-digit PINs assigned to
swine producers, seven-digit PINs to
beef producers, eight-digit PINs to dairy
producers, and nine-digit PINs to other
producers. Such a system, according to
the commenter, would reserve the
shorter PINs for those sections of
agriculture that will be the primary
users of the numbering system, support
the implementation of species-specific
identification tags, make tattoos easier
to read, decrease transcription errors,
and allow for the recording of numbers
into electronic ID systems.
We do not support this
recommendation. The PIN is intended
to identify a geographical location
where livestock or poultry are managed
or held rather than the species present
at the premises. The agricultural activity
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at a given premises may change over
time due to changes in ownership or
other factors. The PIN, as defined in the
rulemaking, allows for that possibility.
Under the commenter’s proposal, on the
other hand, a change in the primary
species produced at a premises would
necessarily result in that premises
having to be assigned a new PIN.
One commenter asserted that while
the definition of official eartag
contained in the interim rule indicated
that the official eartag must ‘‘provide
unique identification for individual
animals,’’ it did not specify how this
was to be done.
We do not agree with this comment.
The definition of official eartag in the
interim rule specified numbering
systems that may be used on the eartags
for the identification of individual
animals in the NAIS.
The same commenter also argued that
while the official eartag requirements
seem appropriate for the future, they
may not be entirely so at present. The
definition of official eartag provided in
the interim rule stated that an official
eartag must bear the U.S. shield. As the
commenter pointed out, many animals
currently carry tags that meet all the
interim rule’s requirements for an
official eartag with the exception of
having the U.S. shield printed on the
tag. In addition, many such tags have
been manufactured and are ready to be
used in cooperative agreements to begin
the implementation of the NAIS. By
requiring animals carrying these tags,
with verifiably unique numbers, to be
retagged in order for their eartags to be
recognized as official, APHIS would
place a significant burden on producers
and delay implementation of the
program, according to the commenter.
The implementation of the NAIS would
be facilitated and industry would
benefit if the requirement for printing
the U.S. shield on official eartags were
set at some future specific date and if
tags currently in use that meet all other
criteria continue to be recognized as
official eartags until that date.
We recognize that we would be
placing a significant burden on
producers if we required them to retag
their animals in order that the eartags
used meet the U.S. shield requirement.
Therefore, we are going to allow
producers employing the transitional
‘‘USA’’ and manufacturer’s code
numbers, as well as PIN-based numbers,
to continue to use eartags that meet all
the other specifications but do not have
the U.S. shield imprinted upon them. In
this final rule, we have amended the
definition of official eartag to require
the U.S. shield only for eartags using
‘‘840’’ AINs.
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Another commenter stressed the
importance of having official
identification devices be ‘‘tamper
evident’’ and having provisions in the
regulations stating that the removal of
such devices prior to slaughter would be
subject to penalties. The commenter
also stated that minimum retention rates
for such devices should be established
in partnership with the livestock
industry, and manufacturer compliance
with those rates should be required for
participation in the NAIS.
We are not making any changes to the
final rule in response to these
comments. The definition of official
eartag in the November 2004 interim
rule states that an official eartag ‘‘must
be tamper resistant and have a high rate
of retention in the animal.’’ The
commenter did not indicate how
‘‘tamper evident’’ differs from ‘‘tamper
resistant.’’ The species working groups
recommend specific technologies and
performance requirements, including
minimum retention rates, for those
technologies. Based on those
recommendations, APHIS has
developed an evaluation process for
device manufacturers seeking to have
their devices approved for use in the
NAIS. This process includes the
evaluation of minimum retention rates
for the identification devices used in the
NAIS. The interim rule did add
prohibitions on removing identification
devices prior to slaughter to parts 71
and 93, though penalties were not
specified. Generally, our regulations do
not include descriptions of the penalties
provided for by the Animal Health
Protection Act and other statutes.
Another commenter cautioned against
relying completely on official tags as the
sole or primary physical identifier of
animals in the NAIS. Physical
identifiers, the commenter noted, are
not necessarily permanent. Tags of all
types are lost, damaged, malfunction, or
become unreadable. The commenter
recommended that, in place of existing
tag requirements, we adopt for use in
the NAIS a Device Animal Identification
Number—Radio Frequency
Identification (DAIN–RF) tag. The
DAIN–RF tag would be required to be
attached to each animal or subdermally
implanted in each animal, as
determined by each species group, and
would have to meet ISO standards so
that each identification number would
be unique. The DAIN–RF tag would be
unofficial and would not bear the U.S.
shield. The tag would be required to
display the encoded ISO number on the
outside. The use of these tags in the
NAIS would not require manufacturers
to change their normal manufacturing
processes or to establish a unique color
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for official identification. The
commenter also argued that DAIN–RF
tags used for beef production should not
be limited to a one-time use, since
reusable tags have been employed to
identify animals in the beef industry for
over 10 years. The use of reusable tags
reduces the costs of animal
identification.
We are not making any changes to the
final rule in response to this comment.
The commenter is certainly correct in
saying that tags get lost; however, while
some tag loss is expected, the
requirement contained in the interim
rule’s definition of official eartag that
such tags have high retention rates will
provide adequate protection. Additional
methods to validate identification when
tags are lost will be considered as
technology becomes practical and
affordable, but to require identification
that is absolutely permanent for all
animals is not practical today. One-time
use of official identification devices has
been an important factor in maintaining
the integrity of animal identification for
many years, and we feel strongly this
practice should continue. Additionally,
the species working groups support the
use of official tags.
The same commenter also
recommended that we add a definition
of AIN manager to the final rule. The
commenter stated that AIN manager
should be defined as a representative of
a company that receives allocations
from the USDA of UAINs (as defined by
this commenter and referred to earlier in
this document) to be used as permanent
database identification for the animal.
AIN managers would be data service
providers, data trustees, or others who
participate in linking an ISO RFID
device on the animal and subsequent
alternate identification devices to the
UAIN in a database.
We are not making any changes to the
final rule in response to this comment.
The comment goes beyond the scope of
this rulemaking, the primary intent of
which is to allow for the use of new
numbering systems for the identification
of animals and premises for official
purposes in disease control and
eradication programs. In the NAIS User
Guide, a document that was made
available to the public in November
2006 and that represents the most up-todate information about the program, we
defined an AIN device manager, in part,
as an ‘‘entity that represents an AIN
device manufacturer for the distribution
of AIN devices.’’ Additional description
of the roles and responsibilities of the
AIN device manager is provided in that
definition and elsewhere in the NAIS
User Guide. We will follow the
recommendations of the NAIS Draft
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Program Standards, which were
updated and released in February 2007
as the ‘‘Program Standards and
Technical Reference’’ document, for the
allocation of AINs to AIN device
manufacturers and the distribution of
AIN devices through AIN device
managers and resellers.
The same commenter also
recommended that we adopt a new
definition of officially identified. Based
on this commenter’s recommendation,
which was discussed earlier in this
document, that we adopt the UAIN as
the official means of identification for
individual animals in the NAIS, the
suggested new definition of officially
identified would read as follows: ‘‘An
animal that is uniquely and officially
identified with a tamper-proof database
identifier allocated to data service
providers or data trustees by USDA and
known as a UAIN. An officially
identified animal is one that has been
reported to the official database for
purposes of NAIS tracing. The UAIN
will be linked to the physical identifiers
associated with an animal.’’
We are not making any changes to the
final rule as a result of this comment. As
noted earlier, the AIN will serve as an
animal’s lifetime identification number
and will provide the same capabilities
as the UAIN that the commenter
recommends. Having the AIN printed
on an animal’s official tag will aid in the
administration of animal health
programs.
The same commenter also suggested
that we needed to add certain
definitions to the regulations in order to
avoid ambiguity. While the regulations
provide specific definitions of
commingling for swine and sheep, no
such definition is provided for cattle.
The commenter recommended that the
regulations should state that, for cattle,
commingling means that an animal was
not prohibited from coming in contact
with another animal. The commenter
also stated that the definition for a unit
of animals varies among species,
resulting in potential ambiguity in the
establishment of group identification,
and that production systems can be
interpreted to have variable meanings
within and across species.
We will take these suggestions into
consideration, though they appear to go
beyond the scope of the present
rulemaking, which is primarily
concerned with allowing for the use of
alternative numbering systems for
identifying animals and premises. The
GIN standards contained in this rule
pertain to the numbering system. In the
NAIS User Guide, published on the
NAIS Web site on November 22, 2006,
we defined the term commingle as
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referring ‘‘to events where animals are
mixed or brought together with animals
from other farms, ranches, or other
production systems.’’ This definition
was applicable to all species.
A number of commenters stated that
the voluntary Scrapie Flock
Certification Program, which has
worked effectively for small producers,
should be continued in its current form
rather than being replaced by a new
identification system. (Numbering
systems that are accepted for official use
in this program are described in 9 CFR
79.2, which also contains a list of
approved means of identification.) One
of these commenters stressed the
importance of producers with small goat
herds being allowed to continue to use
microchip implants as a means of
animal identification. Implants,
according to this commenter, are more
reliable than eartags or tattoos, which
are less likely to be permanent and are
more vulnerable to tampering.
We agree with these comments, but
note that they do not necessitate any
changes to the final rule. Producers with
small goat herds will still be able to use
microchip implants, since the definition
of official identification device or
method contained in the interim rule is
sufficiently flexible to allow for the use
of such devices.
One commenter suggested that when
the NAIS is fully implemented, health
certificates for cattle should be
eliminated. The commenter stated that
the health certificates would be a
duplication of the tracking function of
the NAIS and would no longer be
necessary. This comment does not
appear to be relevant to the current
rulemaking.
Finally, in addition to the changes
discussed above, we are adding a
definition of animal identification
number (AIN) to § 79.1 and revising the
existing definition of official eartag in
that section so that it matches the one
described earlier in this document.
These changes will ensure that the
definitions in part 79 are consistent
with the definitions found elsewhere in
our regulations pertaining to the
interstate movement of animals.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule, with the changes discussed in this
document.
This final rule also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
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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.
I 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:
I
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 animal identification
number (AIN), group/lot identification
number (GIN), official eartag, and
premises identification number (PIN)
and by adding a definition of premises
to read as follows:
I
§ 71.1
Definitions.
cprice-sewell on PROD1PC71 with RULES
*
*
*
*
*
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.
*
*
*
*
*
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, a six-digit representation
VerDate Aug<31>2005
10:08 Jul 18, 2007
Jkt 211001
of the date on which the group or lot of
animals was assembled (MM/DD/YY),
and two additional digits, ranging from
01 to 99, for the numbering of different
groups or lots of animals assembled on
the same premises on the same day.
When more than one group of animals
is assembled, the groups will be
designated consecutively as 01, 02, 03,
etc.
*
*
*
*
*
Official eartag. An identification tag
providing unique identification for
individual animals. An official eartag
which contains or displays an AIN with
an 840 prefix 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,
subject to the approval of the
Administrator. 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. A location where livestock
or poultry are housed or kept.
Premises identification number (PIN).
A nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or location descriptors which provide a
verifiably unique location. The premises
identification number 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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
39305
(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 77—TUBERCULOSIS
3. The authority citation for part 77
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
4. Section 77.2 is amended by revising
the definitions of animal identification
number (AIN), official eartag, and
premises identification number (PIN) to
read as follows:
I
§ 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.
*
*
*
*
*
Official eartag. An identification tag
providing unique identification for
individual animals. An official eartag
which contains or displays an AIN with
an 840 prefix 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,
subject to the approval of the
Administrator. 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.
*
*
*
*
*
E:\FR\FM\18JYR1.SGM
18JYR1
39306
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
Premises identification number (PIN).
A nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or other location descriptors which
provide a verifiably unique location.
The premises identification number
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.
*
*
*
*
*
5. The authority citation for part 78
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
6. Section 78.1 is amended by revising
the definitions of animal identification
number (AIN) and official eartag to read
as follows:
I
Definitions.
cprice-sewell on PROD1PC71 with RULES
*
*
*
*
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.
*
*
*
*
*
Official eartag. An identification tag
providing unique identification for
individual animals. An official eartag
which contains or displays an AIN with
an 840 prefix 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,
subject to the approval of the
Administrator. The official eartag must
be tamper-resistant and have a high
retention rate in the animal. Official
10:08 Jul 18, 2007
7. The authority citation for part 79
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
8. Section 79.1 is amended as follows:
a. In the definition of premises
identification, by removing the words
‘‘number, as’’ and adding the words
‘‘number (PIN), as’’ in their place.
I b. By revising the definitions of
official eartag and premises
identification number (PIN) and adding
a definition of animal identification
number (AIN) to read as set forth below.
§ 79.1
Definitions.
*
*
VerDate Aug<31>2005
PART 79—SCRAPIE IN SHEEP AND
GOATS
I
I
PART 78—BRUCELLOSIS
§ 78.1
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.
*
*
*
*
*
Jkt 211001
*
*
*
*
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.
*
*
*
*
*
Official eartag. An identification tag
providing unique identification for
individual animals. An official eartag
which contains or displays an AIN with
an 840 prefix 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,
subject to the approval of the
Administrator. 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:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
(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 nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or other location descriptors which
provide a verifiably unique location.
The premises identification number
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 80—JOHNE’S DISEASE IN
DOMESTIC ANIMALS
9. The authority citation for part 80
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
10. Section 80.1 is amended by
revising the definitions of animal
identification number (AIN), official
eartag, and premises identification
number (PIN) to read as follows:
I
§ 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,
E:\FR\FM\18JYR1.SGM
18JYR1
cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
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
which contains or displays an AIN with
an 840 prefix 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,
subject to the approval of the
Administrator. 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 nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or other location descriptors which
provide a verifiably unique location.
The premises identification number
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.
*
*
*
*
*
VerDate Aug<31>2005
10:08 Jul 18, 2007
Jkt 211001
Done in Washington, DC, this 12th day of
July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–13932 Filed 7–17–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27154; Directorate
Identifier 2006–NM–139–AD; Amendment
39–15127; AD 2007–14–05]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310 and A300–600 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Model A310 and A300–600
series airplanes. This AD requires
revising the Airworthiness Limitations
section of the Instructions for Continued
Airworthiness by incorporating new and
revised certification maintenance
requirements. This AD results from the
manufacturer determining that
additional and revised certification
maintenance requirements are necessary
in order to ensure continued operational
safety of the affected airplanes. We are
issuing this AD to prevent safetysignificant latent failures that would, in
combination with one or more other
specific failures or events, result in a
hazardous or catastrophic failure
condition of avionics, hydraulic
systems, fire detection systems, fuel
systems, or other critical systems.
DATES: This AD becomes effective
August 22, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of August 22, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
39307
Tom
Stafford, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1622;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The Docket
Operations office (telephone (800) 647–
5527) is located on the ground floor of
the West Building at the street address
stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Airbus Model A310
airplanes and Model A300–600 series
airplanes. That NPRM was published in
the Federal Register on February 6,
2007 (72 FR 5362). That NPRM
proposed to require revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness by incorporating new and
revised certification maintenance
requirements (CMRs).
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request for Transition Period/Grace
Period for Certain Maintenance
Significant Item (MSI) Tasks
Airbus requests that we give a
transition/grace period of approximately
2,000 flight hours (or twelve months) for
the tasks specified in MSI 78.30.00 of
the CMRs, ‘‘thrust reverser actuation
and cowling for airplanes that have
installed a third line of defense
(TLOD).’’ Airbus states that the service
bulletins that introduce the TLOD have
been available since 2001. Airbus notes
that this means that some airplanes
might have exceeded the 7,000-flighthour threshold for doing the MSI
requirements and, per the NPRM, the
actions specified in the MSI would be
required for those airplanes within 3
months after the effective date of the
AD. Based upon approximate annual
utilization data, Airbus proposes a
transition period of 2,000 flight hours or
12 months.
We agree to add a transition/grace
period for the MSI 78.30.00 tasks for the
E:\FR\FM\18JYR1.SGM
18JYR1
Agencies
[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Rules and Regulations]
[Pages 39301-39307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13932]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 /
Rules and Regulations
[[Page 39301]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 71, 77, 78, 79, and 80
[Docket No. 04-052-2]
RIN 0579-AC48
Livestock Identification; Use of Alternative Numbering Systems
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, with several changes, an
interim rule that, among other things, amended the regulations to allow
for the use of additional numbering systems for purposes of animal and
premises identification. As amended by this document, the rule
recognizes additional numbering systems for the identification of
animals in interstate commerce and State/Tribe/Federal/industry
cooperative disease control and eradication programs. Additionally, the
rule amends the regulations to authorize the use of a numbering system
to identify premises where animals are managed or held. These
regulatory changes are necessary to allow the use, for official
purposes, of the new numbering systems in the National Animal
Identification System. Use of the new numbering systems is not required
by this final rule.
EFFECTIVE DATE: July 18, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, NAIS
Coordinator, Surveillance and Identification Programs, National Center
for Animal Health Programs, VS, APHIS, 4700 River Road Unit 200,
Riverdale, MD 20737-1231; (301) 734-5571.
SUPPLEMENTARY INFORMATION:
Background
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 additional numbering systems for
the identification of animals in interstate commerce and State/Federal/
industry cooperative disease control and eradication programs.
Additionally, the interim rule amended the regulations to authorize the
use of a numbering system to identify premises where animals are
managed or held. Specifically, the interim rule recognized the animal
identification number (AIN) for the identification of individual
animals, 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. These
new numbering systems are key elements in the National Animal
Identification System (NAIS). The changes we made to the regulations in
the interim rule were necessary to allow the use of these new numbering
systems for official purposes in disease control and eradication
programs. The interim rule did not require use of the new numbering
systems, however. Finally, the interim rule amended 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.
Comments on the interim rule were required to be received on or
before January 7, 2005. We received 16 comments by that date. They were
from beef, cattle, sheep, goat, and poultry producers; producers
associations; and State governments. The comments are discussed below.
There were several comments pertaining to our definition of the
AIN. Issues discussed included the need for a nationally unique AIN,
the recognition of different types of AINs, a possible alternative to
the AIN, and the need for having a sunset date for other types of
identification numbers so that the AIN will be in effect nationally.
One commenter stated that the definition of the AIN contained in
our November 2004 interim rule does not require that the number be
``nationally unique'' or indicate that there is a need to avoid
duplication with existing numbers. It would be useful, according to
this commenter, to include this requirement in the definition of AIN so
that the rule is clear and specific throughout.
We agree with this comment and are changing the definition
accordingly. Since the NAIS is a national system, it is important that
each AIN be nationally unique and that duplication be avoided. This
final rule amends the definition of animal identification number (AIN)
to read as follows: ``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 same commenter, noting that the interim rule recognized three
types of AINs (those beginning with an ``840'' country code, with the
alpha characters ``USA'', and with a numeric code assigned to the
manufacturer of the device), stated that it was appropriate to identify
the three types of numbers as ``official numbering systems'' and that
the latter two forms should be referred to using alternative
terminology, e.g., ``American ID'' for the ``USA'' number, in order to
prevent confusion. The commenter expressed the concern that only the
``840'' number will be recognized in the NAIS.
We are not making any changes to the final rule in response to this
comment. Because a uniform animal identification numbering system is
needed to make the NAIS successful, we do intend that, in the future,
only the ``840'' AIN will be recognized for official use, to the extent
practical. The interim rule recognized the ``USA'' and manufacturer's
code numbers in order to avoid placing an excessive burden on producers
who were already using those numbering systems for identifying their
animals. We view these numbering systems as transitional, however, and
anticipate phasing them out as we progress toward full implementation
of the NAIS. Additional information about this phasing-out process and
timelines for the transition to APHIS' recognition of only the ``840''
AIN for official use
[[Page 39302]]
will be provided in future rulemaking or other documents.
Another commenter recommended that we adopt a ``universal animal
identification number (UAIN)'' in place of our AIN. While the UAIN
could have the same format as the AIN, the former would be a permanent
and unique database number for a single animal and would be linked with
all physical device identifiers associated with the animal, including
radio frequency identification devices (RFIDs), visual tags, retinal
scans, DNA, brands, and unlimited alternate identifiers. The commenter
stated that the UAIN could be used at the producer's option as the RFID
number, or another ISO-compliant number could be used as an
alternative. According to the commenter, the UAIN alternative would
make it possible for both currently accepted and new identification
technologies to be easily adopted without having to reengineer the
official database over time. The UAIN would also allow easy retagging
or reidentification, as retagging would link a new physical identifier
to the original UAIN. There would be only one UAIN linked with one
animal.
We are not making any changes in response to this comment. In the
NAIS, the AIN will provide the same capabilities as would the
commenter's recommended UAIN. The initial AIN assigned to an animal
will be its lifetime number. Additionally, there is merit in having the
animal's AIN attached to the animal for visual collection and
subsequent recording for routine animal health tests, as well as health
certificates. When a tag is lost and it is necessary to assign a new
AIN to an animal, the pertinent NAIS databases will cross-reference the
replacement AIN with the animal's original AIN. It is acknowledged that
in some cases, the animal's original AIN may not be known, and thus
cross-referencing of the two AINs will not be possible.
Another commenter suggested that, as soon as possible, a reasonable
sunset date for identification numbers other than the ``840'' AIN
should be established and communicated to industry. The commenter
stated that the goal of the AIN implementation period should be to
minimize labor for producers whose livestock are already identified and
to increase the number of animals that can be easily recorded in the
system, while at the same time transitioning all livestock to be
identified using one uniform, standardized, and technology-neutral
numbering system for the NAIS.
While we are not making any changes to the final rule as the result
of this comment, which is beyond the scope of the present rulemaking,
we do agree with the commenter. As noted above, we view the ``USA'' and
manufacturer's code AINs as transitional and intend to phase them out
as we progress toward full implementation of the NAIS, leaving the
``840'' AIN as the only one recognized for official use, to the extent
practical. A date will be set for the sunset of the ``USA'' and
manufacturer's code numbers, and advance notice will be provided to
ensure a smooth transition to the ``840'' number for official use in
disease control and eradication programs.
A commenter suggested that the definition of group/lot
identification number (GIN) should be amended in the final rule to
state that each animal reported in a group movement be required to have
an individual animal group identification tag and that the number of
head being moved in each group should be reported to the official
database. In the absence of these requirements, according to the
commenter, one has no way to prove that the animals were part of the
group being moved once they are intentionally or accidentally
commingled at a premises.
We are not making any changes to the final rule in response to this
comment. Requiring an identification tag for each individual animal in
a group would defeat the purpose and utility of group/lot
identification. The intent behind the GIN is that the group of animals
is referenced by a unique number so that each individual animal does
not need to be tagged.
We did determine, however, that we needed to change the format of
the GIN slightly. The November 2004 interim rule defined the GIN as
consisting of a seven-character PIN and a six-digit representation of
the date on which the group or lot of animals was assembled. That
format made no provision for situations where more than one group of
animals may be moved from a premises on the same day. Several of the
species working groups that are working with APHIS on the NAIS--the
sheep industry in particular--believed that the format needed to be
revised in order to allow for the assignment of multiple GINs to
multiple groups of animals moving from a premises on a single day.
Therefore, the GIN has been revised by adding two digits. These two
additional digits will provide for the identification of up to 99
groups/lots of animals moving from a premises on the same day. In this
final rule, we are amending the definition of the GIN to reflect this
change in format.
Other commenters discussed issues pertaining to the PIN. Concerns
expressed by these commenters included the need for a nationally unique
PIN, potential ambiguity about who will assign PINs, and the PIN
format.
The same commenter who stated that we needed to specify that the
AIN would be a ``nationally unique'' number offered a similar comment
about the PIN. Noting that the definition contained in the November
2004 interim rule states that the PIN is a ``unique number,'' the
commenter argued that the final rule should state that the PIN is a
``nationally unique number.''
We agree with this comment as well. As with the AIN, it is
important to avoid duplication with the PIN. We are amending the
definition of premises identification number (PIN) in this final rule
to indicate that it is a nationally unique number.
We are also making some additional modifications to the definition
of premises identification number (PIN) in this final rule for the sake
of comprehensiveness, clarity, and flexibility. While the definition in
the interim rule refers to PINs being assigned by State or Federal
animal health authorities, the definition in this final rule provides
for Tribal authorities to do so as well. Secondly, whereas the PIN is
currently defined, in part, as a nationally unique number representing
a geographically distinct location from other livestock production
units, the definition in this final rule refers to a geographically
distinct location from other premises. This change, complemented by a
new definition of premises as a location where livestock or poultry are
held or kept that we are adding to Sec. 71.1, makes the definition of
the PIN more inclusive than the one in the interim rule. Finally, the
definition of the PIN in the interim rule also stated, among other
things, that the number is associated with an address or legal land
description. In this final rule, the definition indicates that the PIN
is associated with an address, geospatial coordinates, and/or other
location descriptors which provide a verifiably unique location. The
new definition provides greater flexibility by allowing for additional
means of determining specific locations that will be associated with
PINs.
The same commenter also expressed concern about the potential for
confusion regarding who assigns PINs to premises. The commenter noted
that the interim rule indicated that the PIN can be assigned by a State
or Federal animal health official and that the assignment of the number
is based on the judgment of either the State or Federal animal health
official that the premises is a geographically distinct location from
[[Page 39303]]
other livestock production units. According to the commenter, this
provision appears to open up possibilities for jurisdictional conflict
and could result in producers receiving conflicting information. The
commenter argued that the PINs should be assigned to premises by the
authorized animal health official, who, in most cases, would be the
designated State animal health official.
We are not making any changes to the final rule as a result of this
comment. While it is a State or Tribe's responsibility to maintain the
system to register premises within its geographic area and to be the
direct contact for producers registering their premises, the NAIS, as a
State-Tribal-Federal cooperative program, necessitates cooperative
efforts for the interpretation of premises definitions to ensure
consistent interpretation nationwide. The definition of premises
identification number (PIN) contained in the interim rule reflected the
cooperative nature of this enterprise, a point we are further
reinforcing by adding the reference to Tribal authorities to the
definition in the final rule.
Another commenter expressed some concerns about the format of the
PIN, as defined in our November 2004 interim rule. The interim rule
recognized a new PIN format for official use: A seven-character
alphanumeric code, with the right-most character being a check digit.
This commenter suggested that adding an alphanumeric checksum character
to a six-character code could increase the number of transcription
errors because a seventh character could exceed the normal range of
short-term memory. The commenter's preferred solution would have the
numbers of digits in PINs vary according to the primary function of a
particular premises. Commercial poultry producers' premises would have
five-digit PINs assigned to them. There would be six-digit PINs
assigned to swine producers, seven-digit PINs to beef producers, eight-
digit PINs to dairy producers, and nine-digit PINs to other producers.
Such a system, according to the commenter, would reserve the shorter
PINs for those sections of agriculture that will be the primary users
of the numbering system, support the implementation of species-specific
identification tags, make tattoos easier to read, decrease
transcription errors, and allow for the recording of numbers into
electronic ID systems.
We do not support this recommendation. The PIN is intended to
identify a geographical location where livestock or poultry are managed
or held rather than the species present at the premises. The
agricultural activity at a given premises may change over time due to
changes in ownership or other factors. The PIN, as defined in the
rulemaking, allows for that possibility. Under the commenter's
proposal, on the other hand, a change in the primary species produced
at a premises would necessarily result in that premises having to be
assigned a new PIN.
One commenter asserted that while the definition of official eartag
contained in the interim rule indicated that the official eartag must
``provide unique identification for individual animals,'' it did not
specify how this was to be done.
We do not agree with this comment. The definition of official
eartag in the interim rule specified numbering systems that may be used
on the eartags for the identification of individual animals in the
NAIS.
The same commenter also argued that while the official eartag
requirements seem appropriate for the future, they may not be entirely
so at present. The definition of official eartag provided in the
interim rule stated that an official eartag must bear the U.S. shield.
As the commenter pointed out, many animals currently carry tags that
meet all the interim rule's requirements for an official eartag with
the exception of having the U.S. shield printed on the tag. In
addition, many such tags have been manufactured and are ready to be
used in cooperative agreements to begin the implementation of the NAIS.
By requiring animals carrying these tags, with verifiably unique
numbers, to be retagged in order for their eartags to be recognized as
official, APHIS would place a significant burden on producers and delay
implementation of the program, according to the commenter. The
implementation of the NAIS would be facilitated and industry would
benefit if the requirement for printing the U.S. shield on official
eartags were set at some future specific date and if tags currently in
use that meet all other criteria continue to be recognized as official
eartags until that date.
We recognize that we would be placing a significant burden on
producers if we required them to retag their animals in order that the
eartags used meet the U.S. shield requirement. Therefore, we are going
to allow producers employing the transitional ``USA'' and
manufacturer's code numbers, as well as PIN-based numbers, to continue
to use eartags that meet all the other specifications but do not have
the U.S. shield imprinted upon them. In this final rule, we have
amended the definition of official eartag to require the U.S. shield
only for eartags using ``840'' AINs.
Another commenter stressed the importance of having official
identification devices be ``tamper evident'' and having provisions in
the regulations stating that the removal of such devices prior to
slaughter would be subject to penalties. The commenter also stated that
minimum retention rates for such devices should be established in
partnership with the livestock industry, and manufacturer compliance
with those rates should be required for participation in the NAIS.
We are not making any changes to the final rule in response to
these comments. The definition of official eartag in the November 2004
interim rule states that an official eartag ``must be tamper resistant
and have a high rate of retention in the animal.'' The commenter did
not indicate how ``tamper evident'' differs from ``tamper resistant.''
The species working groups recommend specific technologies and
performance requirements, including minimum retention rates, for those
technologies. Based on those recommendations, APHIS has developed an
evaluation process for device manufacturers seeking to have their
devices approved for use in the NAIS. This process includes the
evaluation of minimum retention rates for the identification devices
used in the NAIS. The interim rule did add prohibitions on removing
identification devices prior to slaughter to parts 71 and 93, though
penalties were not specified. Generally, our regulations do not include
descriptions of the penalties provided for by the Animal Health
Protection Act and other statutes.
Another commenter cautioned against relying completely on official
tags as the sole or primary physical identifier of animals in the NAIS.
Physical identifiers, the commenter noted, are not necessarily
permanent. Tags of all types are lost, damaged, malfunction, or become
unreadable. The commenter recommended that, in place of existing tag
requirements, we adopt for use in the NAIS a Device Animal
Identification Number--Radio Frequency Identification (DAIN-RF) tag.
The DAIN-RF tag would be required to be attached to each animal or
subdermally implanted in each animal, as determined by each species
group, and would have to meet ISO standards so that each identification
number would be unique. The DAIN-RF tag would be unofficial and would
not bear the U.S. shield. The tag would be required to display the
encoded ISO number on the outside. The use of these tags in the NAIS
would not require manufacturers to change their normal manufacturing
processes or to establish a unique color
[[Page 39304]]
for official identification. The commenter also argued that DAIN-RF
tags used for beef production should not be limited to a one-time use,
since reusable tags have been employed to identify animals in the beef
industry for over 10 years. The use of reusable tags reduces the costs
of animal identification.
We are not making any changes to the final rule in response to this
comment. The commenter is certainly correct in saying that tags get
lost; however, while some tag loss is expected, the requirement
contained in the interim rule's definition of official eartag that such
tags have high retention rates will provide adequate protection.
Additional methods to validate identification when tags are lost will
be considered as technology becomes practical and affordable, but to
require identification that is absolutely permanent for all animals is
not practical today. One-time use of official identification devices
has been an important factor in maintaining the integrity of animal
identification for many years, and we feel strongly this practice
should continue. Additionally, the species working groups support the
use of official tags.
The same commenter also recommended that we add a definition of AIN
manager to the final rule. The commenter stated that AIN manager should
be defined as a representative of a company that receives allocations
from the USDA of UAINs (as defined by this commenter and referred to
earlier in this document) to be used as permanent database
identification for the animal. AIN managers would be data service
providers, data trustees, or others who participate in linking an ISO
RFID device on the animal and subsequent alternate identification
devices to the UAIN in a database.
We are not making any changes to the final rule in response to this
comment. The comment goes beyond the scope of this rulemaking, the
primary intent of which is to allow for the use of new numbering
systems for the identification of animals and premises for official
purposes in disease control and eradication programs. In the NAIS User
Guide, a document that was made available to the public in November
2006 and that represents the most up-to-date information about the
program, we defined an AIN device manager, in part, as an ``entity that
represents an AIN device manufacturer for the distribution of AIN
devices.'' Additional description of the roles and responsibilities of
the AIN device manager is provided in that definition and elsewhere in
the NAIS User Guide. We will follow the recommendations of the NAIS
Draft Program Standards, which were updated and released in February
2007 as the ``Program Standards and Technical Reference'' document, for
the allocation of AINs to AIN device manufacturers and the distribution
of AIN devices through AIN device managers and resellers.
The same commenter also recommended that we adopt a new definition
of officially identified. Based on this commenter's recommendation,
which was discussed earlier in this document, that we adopt the UAIN as
the official means of identification for individual animals in the
NAIS, the suggested new definition of officially identified would read
as follows: ``An animal that is uniquely and officially identified with
a tamper-proof database identifier allocated to data service providers
or data trustees by USDA and known as a UAIN. An officially identified
animal is one that has been reported to the official database for
purposes of NAIS tracing. The UAIN will be linked to the physical
identifiers associated with an animal.''
We are not making any changes to the final rule as a result of this
comment. As noted earlier, the AIN will serve as an animal's lifetime
identification number and will provide the same capabilities as the
UAIN that the commenter recommends. Having the AIN printed on an
animal's official tag will aid in the administration of animal health
programs.
The same commenter also suggested that we needed to add certain
definitions to the regulations in order to avoid ambiguity. While the
regulations provide specific definitions of commingling for swine and
sheep, no such definition is provided for cattle. The commenter
recommended that the regulations should state that, for cattle,
commingling means that an animal was not prohibited from coming in
contact with another animal. The commenter also stated that the
definition for a unit of animals varies among species, resulting in
potential ambiguity in the establishment of group identification, and
that production systems can be interpreted to have variable meanings
within and across species.
We will take these suggestions into consideration, though they
appear to go beyond the scope of the present rulemaking, which is
primarily concerned with allowing for the use of alternative numbering
systems for identifying animals and premises. The GIN standards
contained in this rule pertain to the numbering system. In the NAIS
User Guide, published on the NAIS Web site on November 22, 2006, we
defined the term commingle as referring ``to events where animals are
mixed or brought together with animals from other farms, ranches, or
other production systems.'' This definition was applicable to all
species.
A number of commenters stated that the voluntary Scrapie Flock
Certification Program, which has worked effectively for small
producers, should be continued in its current form rather than being
replaced by a new identification system. (Numbering systems that are
accepted for official use in this program are described in 9 CFR 79.2,
which also contains a list of approved means of identification.) One of
these commenters stressed the importance of producers with small goat
herds being allowed to continue to use microchip implants as a means of
animal identification. Implants, according to this commenter, are more
reliable than eartags or tattoos, which are less likely to be permanent
and are more vulnerable to tampering.
We agree with these comments, but note that they do not necessitate
any changes to the final rule. Producers with small goat herds will
still be able to use microchip implants, since the definition of
official identification device or method contained in the interim rule
is sufficiently flexible to allow for the use of such devices.
One commenter suggested that when the NAIS is fully implemented,
health certificates for cattle should be eliminated. The commenter
stated that the health certificates would be a duplication of the
tracking function of the NAIS and would no longer be necessary. This
comment does not appear to be relevant to the current rulemaking.
Finally, in addition to the changes discussed above, we are adding
a definition of animal identification number (AIN) to Sec. 79.1 and
revising the existing definition of official eartag in that section so
that it matches the one described earlier in this document. These
changes will ensure that the definitions in part 79 are consistent with
the definitions found elsewhere in our regulations pertaining to the
interstate movement of animals.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule, with the
changes discussed in this document.
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork
Reduction Act.
[[Page 39305]]
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.
0
Accordingly, we are amending 9 CFR parts 71, 77, 78, 79, and 80 as
follows:
PART 71--GENERAL PROVISIONS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 71.1 is amended by revising the definitions of animal
identification number (AIN), group/lot identification number (GIN),
official eartag, and premises identification number (PIN) and by adding
a definition of premises to read as follows:
Sec. 71.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States
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.
* * * * *
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, a six-digit
representation of the date on which the group or lot of animals was
assembled (MM/DD/YY), and two additional digits, ranging from 01 to 99,
for the numbering of different groups or lots of animals assembled on
the same premises on the same day. When more than one group of animals
is assembled, the groups will be designated consecutively as 01, 02,
03, etc.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag which
contains or displays an AIN with an 840 prefix 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, subject to
the approval of the Administrator. 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. A location where livestock or poultry are housed or kept.
Premises identification number (PIN). A nationally unique number
assigned by a State, Tribal, and/or Federal animal health authority to
a premises that is, in the judgment of the State, Tribal, and/or
Federal animal health authority, a geographically distinct location
from other premises. The premises identification number is associated
with an address, geospatial coordinates, and/or location descriptors
which provide a verifiably unique location. The premises identification
number 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.
* * * * *
PART 77--TUBERCULOSIS
0
3. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
4. Section 77.2 is amended by revising the definitions of animal
identification number (AIN), official eartag, and premises
identification number (PIN) to read as follows:
Sec. 77.2 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States
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.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag which
contains or displays an AIN with an 840 prefix 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, subject to
the approval of the Administrator. 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.
* * * * *
[[Page 39306]]
Premises identification number (PIN). A nationally unique number
assigned by a State, Tribal, and/or Federal animal health authority to
a premises that is, in the judgment of the State, Tribal, and/or
Federal animal health authority, a geographically distinct location
from other premises. The premises identification number is associated
with an address, geospatial coordinates, and/or other location
descriptors which provide a verifiably unique location. The premises
identification number 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 78--BRUCELLOSIS
0
5. The authority citation for part 78 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
6. Section 78.1 is amended by revising the definitions of animal
identification number (AIN) and official eartag to read as follows:
Sec. 78.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States
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.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag which
contains or displays an AIN with an 840 prefix 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, subject to
the approval of the Administrator. The official eartag must be tamper-
resistant and have a high retention rate in the animal. Official
eartags must adhere to one of the following numbering systems:
(a) National Uniform Eartagging System.
(b) Animal identification number (AIN).
(c) Premises-based number system. The premises-based number system
combines an official premises identification number (PIN), as defined
in Sec. 71.1 of this chapter, with a producer's livestock production
numbering system to provide a unique identification number. The PIN and
the production number must both appear on the official tag.
(d) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
* * * * *
PART 79--SCRAPIE IN SHEEP AND GOATS
0
7. The authority citation for part 79 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
8. Section 79.1 is amended as follows:
0
a. In the definition of premises identification, by removing the words
``number, as'' and adding the words ``number (PIN), as'' in their
place.
0
b. By revising the definitions of official eartag and premises
identification number (PIN) and adding a definition of animal
identification number (AIN) to read as set forth below.
Sec. 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.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag which
contains or displays an AIN with an 840 prefix 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, subject to
the approval of the Administrator. 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 nationally unique number
assigned by a State, Tribal, and/or Federal animal health authority to
a premises that is, in the judgment of the State, Tribal, and/or
Federal animal health authority, a geographically distinct location
from other premises. The premises identification number is associated
with an address, geospatial coordinates, and/or other location
descriptors which provide a verifiably unique location. The premises
identification number 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 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS
0
9. The authority citation for part 80 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
10. Section 80.1 is amended by revising the definitions of animal
identification number (AIN), official eartag, and premises
identification number (PIN) to read as follows:
Sec. 80.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States
providing a nationally unique identification number for each animal.
The AIN contains 15 digits,
[[Page 39307]]
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 which
contains or displays an AIN with an 840 prefix 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, subject to
the approval of the Administrator. 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 nationally unique number
assigned by a State, Tribal, and/or Federal animal health authority to
a premises that is, in the judgment of the State, Tribal, and/or
Federal animal health authority, a geographically distinct location
from other premises. The premises identification number is associated
with an address, geospatial coordinates, and/or other location
descriptors which provide a verifiably unique location. The premises
identification number 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.
* * * * *
Done in Washington, DC, this 12th day of July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-13932 Filed 7-17-07; 8:45 am]
BILLING CODE 3410-34-P