Recordkeeping for Approved Livestock Facilities and Slaughtering and Rendering Establishments, 38343-38346 [E8-15289]
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38343
Proposed Rules
Federal Register
Vol. 73, No. 130
Monday, July 7, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 71
[Docket No. APHIS–2007–0039]
RIN 0579–AC61
Recordkeeping for Approved Livestock
Facilities and Slaughtering and
Rendering Establishments
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: We are proposing to amend
the regulations regarding the interstate
movement of livestock to require
approved livestock facilities and listed
slaughtering and rendering
establishments to maintain certain
records for 5 years. Currently, approved
livestock facilities are required to retain
certain records for 2 years, and there are
no record retention provisions that
apply to listed slaughtering and
rendering establishments. Requiring the
retention of certain records for 5 years
would allow us to trace the prior
movements of diseased livestock further
into the past than is currently possible,
thus providing the opportunity to locate
potentially infected or exposed livestock
that might otherwise remain
unidentified. We are also proposing to
require the operators of slaughtering and
rendering establishments to sign listing
agreements to document their agreement
to comply with the requirements of the
regulations for listed slaughtering and
rendering establishments. Such
agreements are currently required for
approved livestock facilities, but not for
slaughtering and rendering facilities.
The proposed change would eliminate
that inconsistency.
DATES: We will consider all comments
that we receive on or before September
5, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
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• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2007-0039 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2007–0039,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2007–0039.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Debra C. Cox, Senior Staff Veterinarian,
Surveillance and Identification Program,
National Center for Animal Health
Programs, VS, APHIS, 4700 River Road
Unit 200, Riverdale, MD 20737; 301–
734–4397.
SUPPLEMENTARY INFORMATION:
Background
The regulations in subchapter C of
chapter I, title 9, of the Code of Federal
Regulations contain provisions designed
to prevent the dissemination of
livestock or poultry diseases in the
United States and to facilitate the
control and eradication of such diseases.
The regulations in 9 CFR part 71
(referred to below as the regulations)
include general prohibitions on the
interstate movement of animals that
could spread livestock or poultry
diseases.
The regulations in § 71.20 contain
provisions under which livestock
facilities may acquire and retain status
as an approved facility. To obtain
approval, facilities must enter into an
agreement with the Animal and Plant
Health Inspection Service (APHIS) in
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which they agree to follow certain
procedures when handling livestock
entering the facility. Part of this
agreement states that documents such as
weight tickets, sales slips, and records
of origin, identification, and destination
that relate to livestock that are in, or that
have been in, the facility shall be
maintained by the facility for a period
of 2 years. Such records would be
critical in the event that APHIS or State
animal health officials needed to
conduct a disease traceback
investigation.
We are proposing to amend § 71.20 to
extend the records retention period from
2 to 5 years. Due to increased
globalization, the threat of an animal
disease introduction has increased
during the past few years. In the case of
chronic livestock diseases like bovine
tuberculosis, signs and symptoms of the
disease may not appear for years and
apparently healthy animals may be
found to be infected only at slaughter.
In these cases, being able to trace the
animals’ movements as far in the past as
possible is important to identify any
other potentially exposed or infected
animals. Requiring the retention of
certain records for 5 years would allow
APHIS to trace the prior movements of
diseased livestock further into the past
than is currently possible, thus
providing the opportunity to locate
potentially infected or exposed livestock
that might otherwise remain
unidentified. We are not proposing to
make any changes to the records which
must be kept, only extending the time
for which they must be kept.
We recognize that our current
regulations require that livestock
facilities keep records for no more than
two years and that listed slaughtering
and rendering establishments are not
required to retain records for APHIS
purposes. Therefore, we would not
expect these establishments to start
retaining records for a longer period
prior to the adoption of a final rule
establishing a longer retention period,
only that they would extend their
records retention to 5 years after such a
final rule became effective.
The regulations § 71.21 are designed
to enhance the level of animal disease
surveillance in the United States.
Specifically, these regulations state that
livestock or poultry moving interstate
for slaughter or rendering can only be
moved to a slaughtering or rendering
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
establishment that has been listed by the
Administrator. In order for an
establishment to be listed, the operator
of the establishment must agree to a
number of provisions, such as allowing
access to the facility by APHIS and Food
Safety and Inspection Service (FSIS)
personnel, or APHIS contractors, for the
purpose of taking blood and tissue
samples from animals at the facility.
These establishments must allow those
personnel access to the processing line
to collect the samples, and they must
provide office and sample collection
space, including sufficient lighting and
adequate ventilation. They must also
allow APHIS, FSIS, or APHIS
contractors to record the identification
of individual animals and retain any
external or internal identification
devices.
We are proposing to amend § 71.21 to
require that the owner or operator of a
slaughtering or rendering establishment
sign a listing agreement in which he or
she agrees, in writing, to meet the
requirements of § 71.21 in order for the
slaughtering or rendering establishment
to be listed. Failure to sign a listing
agreement would result in the
establishment not being listed, or being
de-listed if it is currently listed. APHIS
already has a listing agreement that we
make available to such establishments,
but the regulations do not refer to this
agreement nor do they require that the
owner or operator of the establishment
sign the agreement. Such listing
agreements are currently required for
approved livestock facilities but not for
listed slaughtering and rendering
facilities. The proposed change would
eliminate that inconsistency.
The regulations in § 71.21 currently
contain no provisions concerning the
retention of records (such as sales slips)
by listed slaughtering and rendering
establishments. For the same reasons as
discussed earlier in this document with
respect to the records retention
provisions of § 71.20, we believe it is
necessary to amend the regulations
regarding listed slaughtering and
rendering establishments to require that
these establishments retain certain
records for 5 years. This would allow us
to verify the disposition of herdmates or
other animals exposed to the infected
animal.
Specifically, we would add a new
paragraph (a)(5) to § 71.21 that would
require that the management of the
slaughtering or rendering establishment
agree to maintain, for 5 years,
documents such as weight tickets, sales
slips, and records of origin,
identification, and destination that
relate to livestock that are in, or that
have been in, the establishment. We
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would also require that APHIS, APHIS
contractors, and State animal health
representatives be permitted to review
and copy or scan these documents
during normal business hours.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The rule
has been determined to be significant
for the purposes of Executive Order
12866 and, therefore, has been reviewed
by the Office of Management and
Budget.
The proposed rule would extend the
time period for which livestock facilities
must retain records from 2 to 5 years.
The proposed rule would also require
that slaughtering facilities and rendering
facilities retain records for 5 years. This
would allow APHIS to trace the prior
movements of diseased livestock for up
to 5 years, thus enabling the Agency to
locate livestock that have potentially
been exposed to disease. The proposed
rule would also require that operators of
slaughtering and rendering
establishments agree in writing to the
listing requirements in 9 CFR 71.21.
For this proposed rule, we have
prepared an economic analysis. The
analysis, which is set out below,
provides a cost-benefit analysis, as
required by Executive Order 12866, as
well as an initial regulatory flexibility
analysis that considers the potential
economic effects of this proposed rule
on small entities, as required by the
Regulatory Flexibility Act.
The proposed rule has the potential to
benefit APHIS, other animal health
authorities, and the operators of
slaughtering and rendering facilities in
the event that a traceback is required to
locate the origin of a diseased animal.
The livestock, slaughtering, and
rendering industries may also benefit
because the added information could
decrease the traceback time, thus
reducing the time a particular area may
need to be quarantined pending the
outcome of an investigation. The
proposed changes could also result in
benefits from a trade perspective when
our ability to more rapidly conclude a
disease traceback investigation allows
us to provide timely reporting to our
trading partners regarding the
disposition of the animals associated
with a particular disease outbreak and
thus facilitates our efforts to retain
market access.
Records Retention
As described previously, record
documents such as weight tickets, sales
slips, and records of origin,
identification, and destination that
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relate to livestock that are in, or that
have been in, an approved facility are
required to be maintained by the
livestock facility for a period of 2 years.
Retention of such records is not
currently required for slaughtering and
rendering establishments. Under the
proposed rule, approved livestock
facilities and listed slaughtering and
rendering establishments would be
required to retain these records for 5
years.
The proposed provisions regarding
the retention of records should not have
a significant economic impact on
affected entities. Any costs of retaining
these records by approved livestock
facilities for an additional 3 years are
expected to be negligible. Although
rendering and slaughtering facilities are
not currently required to retain these
records, most reportedly do so. APHIS
therefore does not expect costs of
records retention for these businesses to
differ significantly from costs being
borne at present. Records may be
maintained in paper or electronic form.
For the reasons discussed above, costs
of complying with the proposed
requirements for records retention
should be minimal in most cases, and
may depend on the method of record
retention (paper copy or electronic) and
the size of the facility. Clearly, a largescale operation that maintains paper
records would be faced with higher
potential recordkeeping costs than
would be a smaller-scale operation that
maintains records electronically. We
welcome the submission of information
from potentially affected entities or any
other sources that would help us to
better estimate any additional costs that
may result from the proposed records
retention provisions.
The proposed records retention
provisions have the potential to benefit
APHIS, other animal health authorities,
and the operators of livestock,
slaughtering, and rendering facilities in
the event that a traceback is required to
locate the origin of a diseased animal.
Increasing the records retention time
would extend the ability of State and
Federal animal health authorities to
trace the prior movements of diseased
livestock for up to 5 years, thus enabling
the Agency to locate other livestock that
may have been exposed to diseases.
This could prove particularly helpful
during tracebacks connected to diseases
with longer incubation periods such as
some transmissible spongiform
encephalopathies. The livestock,
slaughter, and rendering industries
would also benefit because the added
information has the potential to reduce
the amount of time needed to conduct
a traceback investigation, thus reducing
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
the time a particular area may need to
be quarantined pending the outcome of
an investigation. As noted previously,
we expect these proposed provisions
could also produce benefits in terms of
helping our efforts to retain access to
international markets in the aftermath of
a disease outbreak by giving us the
ability to more rapidly conclude a
disease traceback investigation and
subsequently provide timely reporting
to our trading partners regarding the
disposition of the animals associated
with that disease outbreak.
Listing Agreement
APHIS has a listing agreement for
slaughtering and rendering facilities;
however, it is not currently required
that operators agree in writing to meet
the requirements in § 71.21 of the
regulations for becoming a listed
establishment. Under the proposal, they
would have to agree in writing to meet
the requirements in § 71.21 of the
regulations to become a listed
establishment.
The proposed requirement for signed
listing agreements should not have a
significant economic impact on
slaughtering or rendering facilities. To
the extent that these operations already
follow listing requirements, there
should not be any cost associated with
signing a listing agreement. Requiring
operators to agree in writing to meet the
requirement for an approved
slaughtering or rendering facility will
increase accountability.
jlentini on PROD1PC65 with PROPOSALS
Potentially Affected Entities
The proposed rule would affect
approved livestock facilities and listed
rendering and slaughtering
establishments. This is because, at the
present time, none of those entities are
required to retain records for the
proposed 5-year time period. The
operators of listed slaughtering and
rendering establishments are not
currently required to sign a listing
agreement to be listed by APHIS.
Livestock facilities include posted
stockyards and bonded packers. In 2003,
the U.S. Department of Agriculture’s
Grain Inspection, Packers, and
Stockyards Administration (GIPSA)
recorded a total of 2,658 posted
stockyards and a total of 502 bonded
packers.1 While the employment
numbers are not listed for these
industries, APHIS employees who work
closely with stockyards and packers
estimate the majority of these industries
employ 500 or fewer employees, and
1 USDA, GIPSA, Packers and Stockyards
Statistical Report, 2002 Reporting Year. (Table 43,
page 67, ‘‘Bonded packers and Posted stockyards.’’)
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thus under the criteria established by
the Small Business Association (SBA)
would qualify as small entities.
The animal (except poultry)
slaughtering industry (North American
Industry Classification System [NAICS]
311611) is composed of 1,869
establishments, of which 96 percent can
be classified as small entities. According
to the SBA, establishments in NAICS
311611 that employ 500 or fewer
employees are classified as small.
The rendering and meat byproduct
processing industry (NAICS 311613) is
composed of 231 establishments of
which 100 percent can be classified as
small entities. According to the SBA,
establishments in NAICS 311613 that
employ 500 or fewer employees are
classified as small entities.
This proposed rule would require
approved livestock facilities and listed
slaughtering and rendering
establishments to maintain certain
records for 5 years, and would require
the operators of slaughtering and
rendering establishments to sign listing
agreements to document their agreement
to comply with the requirements of the
regulations for listed slaughtering and
rendering establishments. As noted
previously, APHIS already has a listing
agreement that we make available to
such establishments, but the regulations
do not refer to this agreement nor do
they require that the owner or operator
of the establishment sign the agreement.
Such listing agreements are currently
required for approved livestock facilities
but not for listed slaughtering and
rendering facilities. However, because
having a listing agreement in place can
facilitate the prompt resolution of
APHIS disease investigations, thus
allowing the resumption of normal
business activities, many of these
establishments have signed listing
agreements.
Alternatives
Alternatives to the proposed rule
would be to either leave the regulations
unchanged, or require a different set of
criteria than currently proposed.
Leaving requirements for the retention
of records unchanged would be
unsatisfactory because it would not
provide APHIS with information to
expedite an animal disease traceback. It
is also necessary that the operators of
slaughtering and rendering facilities
formally acknowledge accountability by
agreeing in writing to meet the
requirements for a listed facility.
APHIS considers the proposed set of
criteria to be the minimum necessary to
accomplish the proposed rule’s
objectives. Due to the threat of animal
disease introductions and the
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38345
realization that for certain diseases,
such as tuberculosis, an infected animal
may not show signs of illness for a
number of years, it is essential that
livestock records be retained for a longer
period of time than is currently
required.
For reasons discussed above, we
expect that operating costs to comply
with the proposed requirements for the
signing of listing agreements should be
negligible. However, we welcome public
comment on this proposed rule,
particularly any comments from
potentially affected entities that would
allow us to better estimate the costs
associated with its implementation and
suggestions for how the proposed rule
could be modified to reduce expected
costs for these small entities consistent
with its objectives.
Estimates of the expected reporting
and recordkeeping burden associated
with the proposed changes are
discussed below under the heading
‘‘Paperwork Reduction Act.’’
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
regulations that are in conflict with this
rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
requirements included in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB). Please send written comments
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for APHIS, Washington, DC
20503. Please state that your comments
refer to Docket No. APHIS–2007–0039.
Please send a copy of your comments to:
(1) Docket No. APHIS–2007–0039,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238, and (2) Clearance Officer,
OCIO, USDA, room 404–W, 14th Street
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jlentini on PROD1PC65 with PROPOSALS
38346
Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed Rules
and Independence Avenue, SW.,
Washington, DC 20250. A comment to
OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication of this proposed rule.
Disease surveillance plays an
important role in APHIS’ mission of
protecting the health of livestock
populations in the United States, and
testing animals for disease is an
important surveillance tool. To enhance
APHIS’ surveillance capabilities, we are
proposing to amend the regulations
regarding the movement of livestock to
require approved livestock facilities and
listed slaughtering and rendering
establishments to maintain certain
records for 5 years. Currently, approved
livestock facilities are required to retain
certain records for 2 years, and there are
no record retention provisions that
apply to listed slaughtering and
rendering establishments.
Requiring the retention of certain
records for 5 years would allow APHIS
to trace the prior movements of diseased
livestock further into the past than is
currently possible, thereby providing
the opportunity to locate potentially
infected or exposed livestock that might
otherwise remain unidentified. We are
also proposing to require the operators
of slaughtering and rendering
establishments to sign listing
agreements to document their agreement
to comply with the requirements of the
regulations for listed slaughtering and
rendering establishments. Such listing
agreements are currently required for
approved livestock facilities, but not for
slaughtering or rendering facilities. The
proposed change would eliminate that
inconsistency.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
information collection on those who are
to respond (such as through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
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16:17 Jul 03, 2008
Jkt 214001
information technology; e.g., permitting
electronic submission of responses).
Estimate of burden: Public reporting
burden for this collection of information
is estimated to average 0.0830985 hours
per response.
Respondents: Livestock auction
market, slaughtering, and rendering
plant personnel.
Estimated annual number of
respondents: 710.
Estimated annual number of
responses per respondent: 1.
Estimated annual number of
responses: 710.
Estimated total annual burden on
respondents: 59 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
Copies of this information collection
can be obtained from Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 851–2908.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 851–2908.
List of Subjects in 9 CFR Part 71
Animal diseases, Livestock, Poultry
and poultry products, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we propose to amend 9
CFR part 71 as follows:
PART 71—GENERAL PROVISIONS
1. The authority citation for part 71
continues to read as follows:
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
§ 71.20
[Amended]
2. In § 71.20, paragraph (a)(7), the
number ‘‘2’’ is removed and the number
‘‘5’’ is added in its place.
§ 71.21
[Amended]
3. In § 71.21, paragraph (a) is
amended as follows:
a. Paragraphs (a)(l), (a)(2), and (a)(3)
are redesignated as paragraphs (a)(2),
(a)(3), and (a)(4), respectively, and a
new paragraph (a)(l) is added to read as
set forth below.
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Sfmt 4702
b. A new paragraph (a)(5) is added to
read as set forth below.
§ 71.21 Tissue and blood testing at
slaughter.
(a) * * *
(1) The owner or operator of the
establishment must agree, in writing, to
meet the requirements for a listed
facility under this section by signing a
listing agreement.
*
*
*
*
*
(5) The management of the
slaughtering or rendering establishment
agrees that weight tickets, sales slips,
and records of origin, identification, and
destination that relate to livestock that
are in, or have been in, the
establishment will be maintained by the
establishment for 5 years. APHIS,
APHIS contractors, and State animal
health representatives will be permitted
to review and copy or scan these
documents during normal business
hours.
*
*
*
*
*
Done in Washington, DC, this 30th day of
June 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory
Programs.
[FR Doc. E8–15289 Filed 7–3–08; 8:45 am]
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14 CFR Part 39
[Docket No. FAA–2008–0729; Directorate
Identifier 2008–NM–052–AD]
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Federal Aviation
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ACTION: Notice of proposed rulemaking
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AGENCY:
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originated by an aviation authority of
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[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Proposed Rules]
[Pages 38343-38346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15289]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Proposed
Rules
[[Page 38343]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 71
[Docket No. APHIS-2007-0039]
RIN 0579-AC61
Recordkeeping for Approved Livestock Facilities and Slaughtering
and Rendering Establishments
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the regulations regarding the
interstate movement of livestock to require approved livestock
facilities and listed slaughtering and rendering establishments to
maintain certain records for 5 years. Currently, approved livestock
facilities are required to retain certain records for 2 years, and
there are no record retention provisions that apply to listed
slaughtering and rendering establishments. Requiring the retention of
certain records for 5 years would allow us to trace the prior movements
of diseased livestock further into the past than is currently possible,
thus providing the opportunity to locate potentially infected or
exposed livestock that might otherwise remain unidentified. We are also
proposing to require the operators of slaughtering and rendering
establishments to sign listing agreements to document their agreement
to comply with the requirements of the regulations for listed
slaughtering and rendering establishments. Such agreements are
currently required for approved livestock facilities, but not for
slaughtering and rendering facilities. The proposed change would
eliminate that inconsistency.
DATES: We will consider all comments that we receive on or before
September 5, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0039 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0039, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0039.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Debra C. Cox, Senior Staff
Veterinarian, Surveillance and Identification Program, National Center
for Animal Health Programs, VS, APHIS, 4700 River Road Unit 200,
Riverdale, MD 20737; 301-734-4397.
SUPPLEMENTARY INFORMATION:
Background
The regulations in subchapter C of chapter I, title 9, of the Code
of Federal Regulations contain provisions designed to prevent the
dissemination of livestock or poultry diseases in the United States and
to facilitate the control and eradication of such diseases. The
regulations in 9 CFR part 71 (referred to below as the regulations)
include general prohibitions on the interstate movement of animals that
could spread livestock or poultry diseases.
The regulations in Sec. 71.20 contain provisions under which
livestock facilities may acquire and retain status as an approved
facility. To obtain approval, facilities must enter into an agreement
with the Animal and Plant Health Inspection Service (APHIS) in which
they agree to follow certain procedures when handling livestock
entering the facility. Part of this agreement states that documents
such as weight tickets, sales slips, and records of origin,
identification, and destination that relate to livestock that are in,
or that have been in, the facility shall be maintained by the facility
for a period of 2 years. Such records would be critical in the event
that APHIS or State animal health officials needed to conduct a disease
traceback investigation.
We are proposing to amend Sec. 71.20 to extend the records
retention period from 2 to 5 years. Due to increased globalization, the
threat of an animal disease introduction has increased during the past
few years. In the case of chronic livestock diseases like bovine
tuberculosis, signs and symptoms of the disease may not appear for
years and apparently healthy animals may be found to be infected only
at slaughter. In these cases, being able to trace the animals'
movements as far in the past as possible is important to identify any
other potentially exposed or infected animals. Requiring the retention
of certain records for 5 years would allow APHIS to trace the prior
movements of diseased livestock further into the past than is currently
possible, thus providing the opportunity to locate potentially infected
or exposed livestock that might otherwise remain unidentified. We are
not proposing to make any changes to the records which must be kept,
only extending the time for which they must be kept.
We recognize that our current regulations require that livestock
facilities keep records for no more than two years and that listed
slaughtering and rendering establishments are not required to retain
records for APHIS purposes. Therefore, we would not expect these
establishments to start retaining records for a longer period prior to
the adoption of a final rule establishing a longer retention period,
only that they would extend their records retention to 5 years after
such a final rule became effective.
The regulations Sec. 71.21 are designed to enhance the level of
animal disease surveillance in the United States. Specifically, these
regulations state that livestock or poultry moving interstate for
slaughter or rendering can only be moved to a slaughtering or rendering
[[Page 38344]]
establishment that has been listed by the Administrator. In order for
an establishment to be listed, the operator of the establishment must
agree to a number of provisions, such as allowing access to the
facility by APHIS and Food Safety and Inspection Service (FSIS)
personnel, or APHIS contractors, for the purpose of taking blood and
tissue samples from animals at the facility. These establishments must
allow those personnel access to the processing line to collect the
samples, and they must provide office and sample collection space,
including sufficient lighting and adequate ventilation. They must also
allow APHIS, FSIS, or APHIS contractors to record the identification of
individual animals and retain any external or internal identification
devices.
We are proposing to amend Sec. 71.21 to require that the owner or
operator of a slaughtering or rendering establishment sign a listing
agreement in which he or she agrees, in writing, to meet the
requirements of Sec. 71.21 in order for the slaughtering or rendering
establishment to be listed. Failure to sign a listing agreement would
result in the establishment not being listed, or being de-listed if it
is currently listed. APHIS already has a listing agreement that we make
available to such establishments, but the regulations do not refer to
this agreement nor do they require that the owner or operator of the
establishment sign the agreement. Such listing agreements are currently
required for approved livestock facilities but not for listed
slaughtering and rendering facilities. The proposed change would
eliminate that inconsistency.
The regulations in Sec. 71.21 currently contain no provisions
concerning the retention of records (such as sales slips) by listed
slaughtering and rendering establishments. For the same reasons as
discussed earlier in this document with respect to the records
retention provisions of Sec. 71.20, we believe it is necessary to
amend the regulations regarding listed slaughtering and rendering
establishments to require that these establishments retain certain
records for 5 years. This would allow us to verify the disposition of
herdmates or other animals exposed to the infected animal.
Specifically, we would add a new paragraph (a)(5) to Sec. 71.21
that would require that the management of the slaughtering or rendering
establishment agree to maintain, for 5 years, documents such as weight
tickets, sales slips, and records of origin, identification, and
destination that relate to livestock that are in, or that have been in,
the establishment. We would also require that APHIS, APHIS contractors,
and State animal health representatives be permitted to review and copy
or scan these documents during normal business hours.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
The proposed rule would extend the time period for which livestock
facilities must retain records from 2 to 5 years. The proposed rule
would also require that slaughtering facilities and rendering
facilities retain records for 5 years. This would allow APHIS to trace
the prior movements of diseased livestock for up to 5 years, thus
enabling the Agency to locate livestock that have potentially been
exposed to disease. The proposed rule would also require that operators
of slaughtering and rendering establishments agree in writing to the
listing requirements in 9 CFR 71.21.
For this proposed rule, we have prepared an economic analysis. The
analysis, which is set out below, provides a cost-benefit analysis, as
required by Executive Order 12866, as well as an initial regulatory
flexibility analysis that considers the potential economic effects of
this proposed rule on small entities, as required by the Regulatory
Flexibility Act.
The proposed rule has the potential to benefit APHIS, other animal
health authorities, and the operators of slaughtering and rendering
facilities in the event that a traceback is required to locate the
origin of a diseased animal. The livestock, slaughtering, and rendering
industries may also benefit because the added information could
decrease the traceback time, thus reducing the time a particular area
may need to be quarantined pending the outcome of an investigation. The
proposed changes could also result in benefits from a trade perspective
when our ability to more rapidly conclude a disease traceback
investigation allows us to provide timely reporting to our trading
partners regarding the disposition of the animals associated with a
particular disease outbreak and thus facilitates our efforts to retain
market access.
Records Retention
As described previously, record documents such as weight tickets,
sales slips, and records of origin, identification, and destination
that relate to livestock that are in, or that have been in, an approved
facility are required to be maintained by the livestock facility for a
period of 2 years. Retention of such records is not currently required
for slaughtering and rendering establishments. Under the proposed rule,
approved livestock facilities and listed slaughtering and rendering
establishments would be required to retain these records for 5 years.
The proposed provisions regarding the retention of records should
not have a significant economic impact on affected entities. Any costs
of retaining these records by approved livestock facilities for an
additional 3 years are expected to be negligible. Although rendering
and slaughtering facilities are not currently required to retain these
records, most reportedly do so. APHIS therefore does not expect costs
of records retention for these businesses to differ significantly from
costs being borne at present. Records may be maintained in paper or
electronic form.
For the reasons discussed above, costs of complying with the
proposed requirements for records retention should be minimal in most
cases, and may depend on the method of record retention (paper copy or
electronic) and the size of the facility. Clearly, a large-scale
operation that maintains paper records would be faced with higher
potential recordkeeping costs than would be a smaller-scale operation
that maintains records electronically. We welcome the submission of
information from potentially affected entities or any other sources
that would help us to better estimate any additional costs that may
result from the proposed records retention provisions.
The proposed records retention provisions have the potential to
benefit APHIS, other animal health authorities, and the operators of
livestock, slaughtering, and rendering facilities in the event that a
traceback is required to locate the origin of a diseased animal.
Increasing the records retention time would extend the ability of State
and Federal animal health authorities to trace the prior movements of
diseased livestock for up to 5 years, thus enabling the Agency to
locate other livestock that may have been exposed to diseases. This
could prove particularly helpful during tracebacks connected to
diseases with longer incubation periods such as some transmissible
spongiform encephalopathies. The livestock, slaughter, and rendering
industries would also benefit because the added information has the
potential to reduce the amount of time needed to conduct a traceback
investigation, thus reducing
[[Page 38345]]
the time a particular area may need to be quarantined pending the
outcome of an investigation. As noted previously, we expect these
proposed provisions could also produce benefits in terms of helping our
efforts to retain access to international markets in the aftermath of a
disease outbreak by giving us the ability to more rapidly conclude a
disease traceback investigation and subsequently provide timely
reporting to our trading partners regarding the disposition of the
animals associated with that disease outbreak.
Listing Agreement
APHIS has a listing agreement for slaughtering and rendering
facilities; however, it is not currently required that operators agree
in writing to meet the requirements in Sec. 71.21 of the regulations
for becoming a listed establishment. Under the proposal, they would
have to agree in writing to meet the requirements in Sec. 71.21 of the
regulations to become a listed establishment.
The proposed requirement for signed listing agreements should not
have a significant economic impact on slaughtering or rendering
facilities. To the extent that these operations already follow listing
requirements, there should not be any cost associated with signing a
listing agreement. Requiring operators to agree in writing to meet the
requirement for an approved slaughtering or rendering facility will
increase accountability.
Potentially Affected Entities
The proposed rule would affect approved livestock facilities and
listed rendering and slaughtering establishments. This is because, at
the present time, none of those entities are required to retain records
for the proposed 5-year time period. The operators of listed
slaughtering and rendering establishments are not currently required to
sign a listing agreement to be listed by APHIS.
Livestock facilities include posted stockyards and bonded packers.
In 2003, the U.S. Department of Agriculture's Grain Inspection,
Packers, and Stockyards Administration (GIPSA) recorded a total of
2,658 posted stockyards and a total of 502 bonded packers.\1\ While the
employment numbers are not listed for these industries, APHIS employees
who work closely with stockyards and packers estimate the majority of
these industries employ 500 or fewer employees, and thus under the
criteria established by the Small Business Association (SBA) would
qualify as small entities.
---------------------------------------------------------------------------
\1\ USDA, GIPSA, Packers and Stockyards Statistical Report, 2002
Reporting Year. (Table 43, page 67, ``Bonded packers and Posted
stockyards.'')
---------------------------------------------------------------------------
The animal (except poultry) slaughtering industry (North American
Industry Classification System [NAICS] 311611) is composed of 1,869
establishments, of which 96 percent can be classified as small
entities. According to the SBA, establishments in NAICS 311611 that
employ 500 or fewer employees are classified as small.
The rendering and meat byproduct processing industry (NAICS 311613)
is composed of 231 establishments of which 100 percent can be
classified as small entities. According to the SBA, establishments in
NAICS 311613 that employ 500 or fewer employees are classified as small
entities.
This proposed rule would require approved livestock facilities and
listed slaughtering and rendering establishments to maintain certain
records for 5 years, and would require the operators of slaughtering
and rendering establishments to sign listing agreements to document
their agreement to comply with the requirements of the regulations for
listed slaughtering and rendering establishments. As noted previously,
APHIS already has a listing agreement that we make available to such
establishments, but the regulations do not refer to this agreement nor
do they require that the owner or operator of the establishment sign
the agreement. Such listing agreements are currently required for
approved livestock facilities but not for listed slaughtering and
rendering facilities. However, because having a listing agreement in
place can facilitate the prompt resolution of APHIS disease
investigations, thus allowing the resumption of normal business
activities, many of these establishments have signed listing
agreements.
Alternatives
Alternatives to the proposed rule would be to either leave the
regulations unchanged, or require a different set of criteria than
currently proposed. Leaving requirements for the retention of records
unchanged would be unsatisfactory because it would not provide APHIS
with information to expedite an animal disease traceback. It is also
necessary that the operators of slaughtering and rendering facilities
formally acknowledge accountability by agreeing in writing to meet the
requirements for a listed facility.
APHIS considers the proposed set of criteria to be the minimum
necessary to accomplish the proposed rule's objectives. Due to the
threat of animal disease introductions and the realization that for
certain diseases, such as tuberculosis, an infected animal may not show
signs of illness for a number of years, it is essential that livestock
records be retained for a longer period of time than is currently
required.
For reasons discussed above, we expect that operating costs to
comply with the proposed requirements for the signing of listing
agreements should be negligible. However, we welcome public comment on
this proposed rule, particularly any comments from potentially affected
entities that would allow us to better estimate the costs associated
with its implementation and suggestions for how the proposed rule could
be modified to reduce expected costs for these small entities
consistent with its objectives.
Estimates of the expected reporting and recordkeeping burden
associated with the proposed changes are discussed below under the
heading ``Paperwork Reduction Act.''
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2007-0039. Please send a copy of your comments to: (1) Docket No.
APHIS-2007-0039, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street
[[Page 38346]]
and Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
Disease surveillance plays an important role in APHIS' mission of
protecting the health of livestock populations in the United States,
and testing animals for disease is an important surveillance tool. To
enhance APHIS' surveillance capabilities, we are proposing to amend the
regulations regarding the movement of livestock to require approved
livestock facilities and listed slaughtering and rendering
establishments to maintain certain records for 5 years. Currently,
approved livestock facilities are required to retain certain records
for 2 years, and there are no record retention provisions that apply to
listed slaughtering and rendering establishments.
Requiring the retention of certain records for 5 years would allow
APHIS to trace the prior movements of diseased livestock further into
the past than is currently possible, thereby providing the opportunity
to locate potentially infected or exposed livestock that might
otherwise remain unidentified. We are also proposing to require the
operators of slaughtering and rendering establishments to sign listing
agreements to document their agreement to comply with the requirements
of the regulations for listed slaughtering and rendering
establishments. Such listing agreements are currently required for
approved livestock facilities, but not for slaughtering or rendering
facilities. The proposed change would eliminate that inconsistency.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.0830985 hours per response.
Respondents: Livestock auction market, slaughtering, and rendering
plant personnel.
Estimated annual number of respondents: 710.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 710.
Estimated total annual burden on respondents: 59 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend 9 CFR part 71 as follows:
PART 71--GENERAL PROVISIONS
1. The authority citation for part 71 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 71.20 [Amended]
2. In Sec. 71.20, paragraph (a)(7), the number ``2'' is removed
and the number ``5'' is added in its place.
Sec. 71.21 [Amended]
3. In Sec. 71.21, paragraph (a) is amended as follows:
a. Paragraphs (a)(l), (a)(2), and (a)(3) are redesignated as
paragraphs (a)(2), (a)(3), and (a)(4), respectively, and a new
paragraph (a)(l) is added to read as set forth below.
b. A new paragraph (a)(5) is added to read as set forth below.
Sec. 71.21 Tissue and blood testing at slaughter.
(a) * * *
(1) The owner or operator of the establishment must agree, in
writing, to meet the requirements for a listed facility under this
section by signing a listing agreement.
* * * * *
(5) The management of the slaughtering or rendering establishment
agrees that weight tickets, sales slips, and records of origin,
identification, and destination that relate to livestock that are in,
or have been in, the establishment will be maintained by the
establishment for 5 years. APHIS, APHIS contractors, and State animal
health representatives will be permitted to review and copy or scan
these documents during normal business hours.
* * * * *
Done in Washington, DC, this 30th day of June 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E8-15289 Filed 7-3-08; 8:45 am]
BILLING CODE 3410-34-P