Official Animal Identification Numbering Systems, 1634-1643 [E9-353]
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1634
Proposed Rules
Federal Register
Vol. 74, No. 8
Tuesday, January 13, 2009
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 Parts 71, 77, 78, 79, and 80
[Docket No. APHIS–2007–0096]
RIN 0579–AC72
Official Animal Identification
Numbering Systems
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
SUMMARY: We are proposing to amend
the domestic livestock regulations to
require that when animal identification
numbers (AINs) are used, only those
numbers beginning with the 840 prefix
will be recognized as official for use on
all AIN tags applied to animals 1 year
or more after the date on which this
proposed rule is finalized. In addition,
we are proposing to require that all new
premises identification numbers (PINs)
that are issued on or after the effective
date of this rule use the seven-character
alphanumeric code format. Official
eartags that use a premises based
numbering system issued after a 1-year
phase-in period will be required to use
the seven-character alphanumeric code
format as well. Further, we are
proposing several changes pertaining to
the use of the U.S. shield on official
eartags, numbering systems that use
such eartags, and the correlation of
those numbering systems with the PIN.
These proposed changes are intended to
achieve greater standardization and
uniformity of official numbering
systems and eartags used in animal
disease programs and to enhance animal
traceability, as discussed in previous
Federal Register documents pertaining
to the National Animal Identification
System.
DATES: We will consider all comments
that we receive on or before March 16,
2009.
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=APHIS-2007-0096 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–2007–0096,
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–
2007–0096.
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.
John Wiemers, Senior Staff Officer,
National Animal Identification Staff,
VS, APHIS, 2100 S. Lake Storey Rd.,
Galesburg, IL 61401; (309) 344–1942.
SUPPLEMENTARY INFORMATION:
Background
As part of its ongoing efforts to
safeguard animal health, the U.S.
Department of Agriculture (USDA) has
launched a series of initiatives to
provide national standards for animal
disease traceability. These include the
National Animal Identification System
(NAIS), a cooperative State/Federal/
industry program administered by the
USDA’s Animal and Plant Health
Inspection Service (APHIS).
In an interim rule effective and
published in the Federal Register on
November 8, 2004 (69 FR 64644–64651,
Docket No. 04–052–1), we amended the
regulations to recognize 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
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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 numbering systems are
important national standards for
improved animal disease traceability
and are key elements in the NAIS.
On July 18, 2007, APHIS adopted that
interim rule as a final rule (72 FR
39301–39307, Docket No. 04–052–2) 1
with several changes. Neither the
interim rule nor the final rule required
the use of the AIN, the GIN, or the PIN.
Standardization of the AIN
The regulations established by the
November 2004 interim rule and the
July 2007 final rule describe the AIN as
a number containing 15 digits, with the
first 3 being the country code (840 for
the United States), the alpha characters
USA, or the numeric code assigned to
the manufacturer of the identification
device by the International Committee
on Animal Recording. APHIS decided to
recognize as official AINs beginning
with the letters USA or a manufacturer’s
code in order to avoid placing an
excessive burden on producers who
were already using either of those two
numbering systems for identifying their
animals. Only recognizing AINs with
the country code 840 would have
required producers to retag their
animals.
Moving to one uniform, standardized,
technology-neutral numbering system
for the identification of livestock,
however, is essential to achieving more
efficient and effective animal disease
traceability. Therefore, in the
Supplementary Information section of
our July 2007 final rule, we noted that
we viewed the USA and manufacturer’s
code numbering systems as transitional.
We anticipated phasing them out as we
focused our efforts on moving toward a
single system whereby APHIS would
recognize as official only the AIN with
the 840 prefix to the extent practical.
We further indicated that we would
1 To view the interim rule, the comments we
received, and the subsequent final rule, go to
https://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2004-0018.
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provide additional information about
the transition process in future
rulemaking.
We are now proposing to amend the
regulations to recognize as official only
AINs beginning with 840 for use on all
AIN tags applied to animals 1 year or
more after the date of the finalization of
this proposed rule. AINs with USA and
manufacturer’s code prefixes imprinted
on eartags would not be recognized as
official identification numbers for
animals born on or after the date upon
which the proposed requirement
becomes effective. We would amend the
definitions of animal identification
number (AIN) and official eartag in 9
CFR 71.1, 77.2, 78.1, 79.1, and 80.1
accordingly. We believe that requiring
the 840 AIN format for AIN tags applied
to animals 1 year or more after this
proposed rule is finalized would
provide enough advance notice to
inform and educate producers, allow
them to work through existing
inventories of eartags, and make the
transition achievable on a large scale.
Since this proposed requirement would
apply only to animals tagged 1 year or
more after the finalization of this
proposed rule, it would not be necessary
to retag animals that had been officially
identified prior to that date.
The entire transition period, i.e., the
time it would take for all animals with
AIN eartags to have AINs with the 840
prefix, would likely last for many years.
Breeding beef cattle, for instance,
typically live 10 years or more. Young
calves selected for breeding and
identified in the fall of 2008 could
conceivably still be wearing eartags with
USA or manufacturer’s code AINs in
2018 and beyond. It is not our intent at
this time to set a date by which AIN
eartags in adult animals must conform
to the 840 standard.
As was the case with the November
2004 interim rule and the July 2007
final rule, this proposed rule would not
require the use of the AIN. Other animal
identification numbering systems
currently recognized in the regulations
for use on official eartags, such as the
National Uniform Eartagging System
and premises-based numbering systems
that combine a PIN with a producer’s
livestock production numbering system,
would continue to be so recognized. If
the AIN is used, however, on an official
eartag or other device (currently, it is
only used on eartags and implants), only
the format with the 840 prefix would be
acceptable for use on animals tagged 1
year or more after the date on which this
proposed rule is finalized.
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Standardization of the PIN
While premises-based numbering
systems that employ the PIN may be
used for the identification of individual
animals, the fundamental purpose of a
PIN is to identify locations in the United
States where livestock and/or poultry
are housed or kept. Premises
identification has value in and of itself,
even if the animals on a given premises
are not identified individually. When
animal health officials know where atrisk animals and locations are and have
accurate, up-to-date contact information
for their owners, they can respond
quickly and strategically to prevent
disease spread.
The existing regulations recognize
two types of PINs. The first consists of
the two-letter postal abbreviation of the
State in which the premises is located,
followed by a number assigned to the
premises by a State animal health
official. The second is 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.
The latter format is the newer one of the
two, having been recognized as official
in the November 2004 interim rule. As
of September 2008, more than 480,000
PINs using the 7-character
alphanumeric format had been issued.
Because the use of a single numbering
system to represent premises in all
animal-health data systems would help
to standardize information and to
enhance existing disease-tracing and
emergency-response capabilities, we are
proposing to remove the PIN format that
uses the State postal abbreviation and
are proposing to create a single national
format for the PIN by requiring that all
PINs issued on or after the date on
which this proposed rule becomes
effective would have to use the sevencharacter alphanumeric code format. We
would amend the definitions of
premises identification number (PIN) in
§§ 71.1, 77.2, 79.1, and 80.1 accordingly.
When the change becomes effective,
the postal-code PIN format would no
longer be recognized as official for the
identification of locations where
livestock or poultry are housed or kept.
Locations that are currently identified
with a postal-code PIN will need to
obtain a seven-character PIN for use
when the assignment of a numbered
location identifier is required by APHIS.
Identification eartags, as well as other
devices or means of official
identification, such as backtags and
tattoos, that employ a premises-based
numbering system that includes a PIN
could not be applied to animals 1 year
or later after the date on which this
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proposed rule is finalized if the PIN
does not employ the seven-character
format. As is the case with our proposed
requirement for standardizing the AIN,
we believe that the 1-year phase-in
period for requiring the seven-character
PIN on eartags and other devices using
premises-based numbering systems
would provide enough advance notice
to inform and educate producers, allow
them to work through inventories of
eartags that employ postal-code PINs as
a means of identifying animals, and
make this transition achievable on a
large scale. Animals that are currently
identified with a premises-based
numbering system that uses a postalcode PIN would not have to be retagged,
however, as the proposed requirement is
intended to be applied going forward. If
the owner of the premises has obtained
a new seven-character PIN, older eartags
employing the postal-code PIN as a
means of identifying animals would be
cross-referenced with the sevencharacter PIN in the premises
registration system maintained by the
State that issued the postal-code PIN.
Official Eartags
To help us achieve our goals of
increased standardization and enhanced
animal traceability and to codify some
identification methods that are currently
in use, we are proposing a number of
changes to the requirements for official
eartags. These proposed changes pertain
to the use of the U.S. shield on official
eartags, numbering systems that may be
used on such eartags, and the
correlation of those numbering systems
with the PIN.
Previously, the regulations required
that all official eartags had to bear the
U.S. shield. The shield is useful for
traceback purposes because it provides
a readily visible means of recognizing
official animal identification devices. In
the July 2007 final rule, however, we
amended the definition of official eartag
to require that only official eartags
displaying an 840 AIN bear the U.S.
shield. We narrowed the shield
requirement at that time in order to
allow producers using AINs beginning
with USA or manufacturers’ code
prefixes to continue to use their existing
tags rather than having to retag their
animals.
In keeping with our intentions to
phase out the use of those types of AINs
and to achieve greater standardization
in numbering systems and means and
methods of animal identification, we are
now proposing to revert to the earlier
requirement that all official eartags bear
the U.S. shield. The requirement would
apply to official eartags issued 1 year or
more after the date of the finalization of
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this proposed rule. This proposed
change would be complemented by
another, also aimed at achieving greater
standardization: We would amend the
definition of official identification
device or method in §§ 71.1, 78.1, and
79.1 to state that, going forward, the
U.S. shield would be reserved only for
use on official identification devices
approved by APHIS, i.e., that it could
not be used on any unofficial
identification devices. As is the case
with our proposed 840 AIN
requirement, the 1-year phase-in period
is intended to allow producers adequate
time to work through existing
inventories of eartags.
Our proposed definition of official
eartag would also require such eartags,
including those that use the National
Uniform Eartagging System, if issued or
distributed in conjunction with a
Federal disease program, to be
correlated with the PINs of the premises
to which they are issued, by means of
the Animal Identification Number
Management System (AINMS) or other
recordkeeping systems approved by the
Administrator. (Both the National
Uniform Eartagging System and the
AINMS are discussed in greater detail
later in this document.) For this
proposed requirement to be met, official
eartags used in animal disease programs
could only be issued, going forward, to
registered premises that have PINs. In
sections of the regulations that apply to
sheep and goats, e.g., in § 79.1, the
proposed definition would also indicate
that official eartags for those species
would have to be approved by APHIS
for use in accordance with the scrapie
regulations. Official eartags used on
sheep and goats in the National Scrapie
Eradication Program (NSEP) would have
to be correlated with the PINs of the
owner’s premises and, where
applicable, a flock identification
number (FIN) in the National Scrapie
Database. Correlating eartags with PINs
would aid in tracing animals back to
their farms of origin in the event of
disease outbreaks.
Our proposed definition of official
eartag would also require that when
AIN eartags are used, the AINs would
have to be correlated with the PINs of
the premises to which they are issued,
meaning that AIN eartags could only be
issued to registered premises that have
PINs. AINs would be correlated with
PINs using the AINMS, which we would
define in §§ 71.1, 77.2, 79.1, and 80.1 as
a Web-based system maintained by
APHIS to keep records of authorized
AIN devices, the allocation of AINs to
authorized manufacturers of AIN
devices, the distribution of AIN devices
to premises, and the termination of AIN
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tags. The definition would further state
that the system could also be used to
track the disposition of other official
identification devices. (Further
information regarding the AINMS can
be found at https://
animalid.aphis.usda.gov/nais/
animal_id/ain_mngt_sys.shtml.) AINs
used on official eartags attached to
sheep and goats in the NSEP would also
have to be correlated with PINs and,
where applicable, FINs in the National
Scrapie Database.
Additionally, in § 79.1, the proposed
definition of official eartag would
codify two identification numbering
systems that are currently being used in
the NSEP but that are not defined in the
existing regulations. The change would
recognize the current practice of
employing the FIN, which is discussed
in greater detail below, on official
eartags for sheep and goats if used in
conjunction with a producer’s livestock
production numbering system to
provide a unique identification number.
The proposed definition of official
eartag in § 79.1 would also recognize a
unique eight-character number, already
in use in the NSEP, composed of the
State postal abbreviation followed by
two letters and four numbers for use on
official eartags for sheep and goats. With
either of these numbering systems, the
letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’ could only be
used in the State postal abbreviation
due to the possibility that they could be
confused with the numbers ‘‘0’’ or ‘‘1.’’
Finally, while the existing definition
of official eartag allows for the use of
the National Uniform Eartagging System
on such tags, it does not specify the
format to be used. Because either an
eight- or nine-character format may be
employed, as discussed below, the
definitions of official eartag that would
appear in the different parts covered by
this proposed rule vary slightly, with
each specifying the National Uniform
Eartagging System format to be used,
where use of the system is applicable,
for the particular species and the
particular animal disease program that
are the subject of the part.
The FIN serves the sheep and goat
industries well in their disease control
and eradication efforts. The existing
regulations, however, while allowing for
the use of the FIN on eartags for sheep
and goats in the NSEP, do not define the
term as they do other types of
identification numbers, such as the AIN
and the PIN. Therefore, to codify current
practices and help ensure uniformity
and consistency in the use of flock
identification numbering, we are
proposing to add a definition of flock
identification number (FIN) to the
general requirements for interstate
movement in 9 CFR part 71, to the
scrapie-related requirements in part 79,
and to the Johne’s disease requirements
in part 80. Specifically, in §§ 71.1, 79.1,
and 80.1, we would define flock
identification number (FIN) as a
nationally unique number assigned by a
State or Federal animal health authority
to a group of animals that are managed
as a unit on one or more premises and
are under the same ownership. The
definition would state that the FIN must
begin with the State postal abbreviation,
must have no more than nine
alphanumeric characters, and must not
contain the characters ‘‘I’’,’’O’’, or ‘‘Q’’
other than as part of the State postal
abbreviation. As noted earlier, the
restriction on the use of those letters is
intended to prevent errors that could
result from confusing them with the
numbers ‘‘0’’ and ‘‘1.’’ The proposed
definition would further note that FINs
would be linked in the National Scrapie
Database to one or more PINs and could
be used in conjunction with an animal
number unique within the flock to
provide a distinctive official
identification number for an animal, or
could be used in conjunction with the
date and a sequence number to provide
a GIN for a group of animals when
group identification is allowed. As
noted above, we would also amend the
definition of official eartag in §§ 71.1,
79.1, and 80.1 so that it would include
the FIN on the list of numbering systems
that may be used on official eartags,
thereby codifying the existing practice.
Flock Identification Number
At this time, the NSEP furnishes
eartags to sheep and goat producers that
bear a numbering system that is
somewhat similar to the premises-based
numbering system (a PIN combined
with the producer’s livestock
production numbering system)
discussed above. In lieu of a PIN,
however, these eartags are imprinted
with a unique FIN. This number, unlike
the PIN, represents an animal group that
is associated with one or more locations
rather than a designator for a location.
National Uniform Eartagging System
The definition of official eartag in
§§ 71.1, 77.2, 78.1, 79.1, and 80.1
currently recognizes the National
Uniform Eartagging System as a means
of identifying individual animals in
commerce. The system has been in use
for many years, but the existing
regulations do not define the term or
specify a particular format. To codify
existing practices, thereby helping to
ensure greater standardization and
uniformity in the use of this numbering
system, we are proposing to add a
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definition of National Uniform
Eartagging System to the sections cited
above, with the exception of § 79.1,
since that numbering system is not used
in the NSEP. (The definition of official
eartag in § 79.1 would be amended to
remove the option of using the National
Uniform Eartagging System in the
NSEP.) We would define National
Uniform Eartagging System as a
numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. An eight- or nine-character
alphanumeric format, consisting of a
two-number State or territory code,
followed by two or three letters and four
additional numbers, would be required.
(The eight-character format is generally
reserved for use in small livestock, such
as sheep and goats, though not, as noted
above, in the NSEP.) The proposed
definition would also note that
individual APHIS disease control
programs may specify which National
Uniform Eartagging System format to
use.
Removal of Official Identification
Devices
Current § 71.22, which was added to
the regulations in the November 2004
interim rule, states that official
identification devices are intended to
provide permanent identification of
livestock and to ensure the ability to
find the source of animal disease
outbreaks and prohibits the intentional
removal of such devices except at the
time of slaughter.
We are proposing to allow for removal
of official identification devices not
only at slaughter but also at other points
of termination, such as rendering
facilities or diagnostic laboratories. We
would also allow for removal of official
identification devices in compliance
with Food Safety and Inspection Service
(FSIS) regulations regarding the
collection of all manmade animal
identification and the correlation of
such with carcasses through final
inspection and for removal as otherwise
authorized by the Administrator. These
proposed changes would simply codify
existing practices and would not
negatively affect animal traceability.
Miscellaneous
Current § 71.19(b)(7) states that
slaughter swine and feeder swine may
be identified by means of an eartag or
tattoo bearing a PIN. We are proposing
to amend that paragraph to distinguish
between the identification required for
each type of swine. Tattoos are a less
effective means of identifying adult
slaughter swine than are eartags because
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the vast majority of such animals are
skinned as part of the preparation of the
animal carcass for meat processing. We
are therefore proposing to amend
§ 71.19(b)(7) to require that, after a 1year phase-in period, when the PIN is
used to identify adult slaughter swine,
the swine would have to be identified
by an APHIS-approved eartag bearing
the U.S. shield. The identification
requirements for feeder swine would
not change, however, since tattooing has
proved to be a very reliable method of
identification for those animals.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been reviewed
under Executive Order 12866. The rule
has been determined to be not
significant for the purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is set out
below, regarding the potential effects of
the proposed changes on small entities.
We do not currently have all the data
necessary for a comprehensive analysis
of the effects of this proposed rule on
small entities. Therefore, we are inviting
comments concerning potential effects.
In particular, we are interested in
determining the potential costs to eartag
manufacturers and livestock producers.
This proposed rule would amend the
regulations to achieve greater
standardization and uniformity of
official numbering systems and eartags
and to codify certain existing
identification methods. We propose to
remove the option of using AINs that
begin with the alpha characters USA or
a manufacturer’s code and only
recognize as official those that begin
with an 840 prefix. This change would
apply to AINs imprinted on AIN tags
applied to animals 1 year or more after
the date on which this proposed rule is
finalized. In addition, we are proposing
to require that all new PINs issued on
or after the effective date of this rule use
the seven-character alphanumeric code
format. Official eartags using a
premises-based numbering system
employing a PIN that are issued after a
1-year phase-in period will be required
to use the seven-character alphanumeric
code format as well. We are also
proposing to require that, after a 1-year
phase-in period, all official eartags
applied to animals must bear the U.S.
shield, and we would specify that the
shield could only be used on official
identification devices approved by
APHIS. We would also add to the
regulations definitions of flock
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identification number (FIN), National
Uniform Eartagging System, and the
AINMS. We do not expect that the
addition of the AINMS to the
regulations will cause any significant
economic burden to any entities that
may be affected by this rulemaking. The
AINMS has been used successfully, and
without causing difficulty for users, to
record the distribution of over 10
million official tags by industry
cooperators.
By requiring the use of only the 840
prefix in the AIN for AIN tags applied
to animals 1 year or more after the date
on which this proposed rule is finalized,
we anticipate there would be enough
advance notice to allow the transition to
take place without placing a significant
economic burden on livestock
producers or on manufacturers of
eartags using the AIN. Since it is not the
intent of this proposed rule to set a date
by which AIN eartags for all adult
animals must conform to the 840 format,
there should be few, if any, animals that
would need to be retagged. As noted
earlier, it is expected to be many years
before all animals have an AIN with the
840 prefix. For instance, breeding beef
cattle typically live for 10 years or more
before they are slaughtered.
Requiring the use of the 840 prefix for
the AIN is not expected to have
significant economic effects on the
livestock industry. Potential costs
would include reformatting expenses for
eartag manufacturers as the USA and
manufacturer’s code numbering systems
are eliminated. Additionally, there may
be obsolete inventory costs in the form
of stocked eartags that were imprinted
with one of the eliminated numbering
systems. These potential costs may be
passed on to livestock producers that
purchase the new eartags. We do not
have data to quantitatively estimate
these potential costs at this time, and
welcome public comment from affected
entities with this information. However,
we would not expect these potential
costs to be large, because most adult
animals would not need to be retagged,
unless a tag is lost and needs to be
replaced, and because the use of the
AIN would not be required and other
animal identification numbering
systems currently recognized in the
regulations for use on official eartags,
such as the National Uniform Eartagging
System and one of the premises-based
numbering systems, would continue to
be recognized as official. Moreover,
transitioning to the use of standardized
AINs would enhance APHIS’ animal
disease response capabilities, which
would benefit livestock industries.
The current regulations recognize two
forms of PINs for the official
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identification of premises where
livestock or poultry are housed. One
consists of a postal code prefix of the
State in which the premises is located,
followed by a number assigned to the
premises by a State animal health
official. A second, more recent format
utilizes a seven-character alphanumeric
code that was developed through
discussions with industry and producer
representatives. At this time, more than
480,000 PINs using the 7-character
alphanumeric format have been issued,
while the older format is being phased
out. The use of a single numbering
system to identify premises is essential
in enhancing and contributing to the
effectiveness of USDA’s disease-tracing
and emergency response capabilities.
Therefore, we are proposing to require
that all PINs issued on or after the
effective date of this rule use the newer
seven-character alphanumeric format.
This action is not expected to have a
significant economic effect on producers
of livestock or poultry, as it is just a
change in program operations, and
would require minimal expenditures on
the part of producers. For example,
some producers who are transitioning
from postal-code to seven-character
PINs may have to buy additional tattoo
digits, depending upon what tattoo
digits they already have, but that
expense, if any, would be very small.
Additionally, as with the
standardization of the AINs, there may
be minimal costs associated with the
transition away from the postal-code
eartags for those producers who use a
premises-based numbering system to
identify their animals.
We would also require that, after a 1year phase-in period, all official eartags
would have to bear the U.S. shield. It is
possible that there could be some
reformatting costs for tag manufacturers
as a result of this requirement, though
it is important to note that eartags
imprinted with the 840 prefix already
bear the U.S. shield. We do not have
data to quantitatively estimate these
potential costs at this time. We do not
anticipate costs to producers resulting
from this proposed requirement, but we
welcome comments and information
from the public on this issue.
Currently, the NSEP furnishes eartags
to sheep and goat producers that use a
numbering system that is similar to the
premises-based numbering system (a
PIN combined with the producer’s
livestock production numbering
system). However, in place of the PIN,
NSEP imprints these eartags with a
unique FIN. We are proposing to add a
definition of flock identification number
(FIN) to the regulations and amend the
definition of official eartag to include
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the FIN on the list of numbering systems
that may be used on official eartags.
Because these proposed changes simply
incorporate current practices into the
regulations, we do not expect them to
have an economic effect on the sheep
and goat industries.
The definition of official eartag
currently allows for the use of the
National Uniform Eartagging System as
a means of identifying individual
animals in commerce. However, existing
regulations do not define the term or
specify the format. To provide for
greater standardization and uniformity,
we are proposing to add a definition of
National Uniform Eartagging System, as
discussed above. Because this proposed
change, like the addition of the FIN
definition, simply incorporates current
practices into the regulations, we do not
expect that there will be any economic
impact on entities potentially affected
by this proposed rule.
We expect that all the proposed
changes discussed above would benefit
affected entities by allowing for greater
flexibility in some instances while
enhancing traceability in the event of a
disease outbreak.
The Regulatory Flexibility Act
requires that agencies specifically
consider the economic impact of their
rules on small entities. Entities that
could be economically affected by this
proposed rule include eartag
manufacturers, slaughtering or animal
processing establishments, and livestock
producers.
The proposed rule may have an effect
on manufacturers of animal eartags. The
U.S. Small Business Administration’s
(SBA’s) small-entity size standard for
North American Industry Classification
System (NAICS) code 326199, which
comprises plastic product
manufacturers not otherwise identified
by NAICS code, is 500 or fewer
employees.2 According to the 2002
Economic Census, there were 7,892
establishments in this category engaged
in the manufacturing of plastic
products, with over 492,000 paid
employees.3 Of these 7,892
establishments, we know neither the
number of operations engaged in the
manufacture of plastic eartags, nor the
2 Table of Size Standards based on NAICS 2002.
Washington, DC: U.S. Small Business
Administration, effective October 1, 2007. Note:
NAICS code 326199 comprises establishments
primarily engaged in manufacturing plastic
products (except film, sheet, bags, profile shapes,
pipes, pipe fittings, laminates, foam products,
bottles, plumbing fixtures, and resilient floor
coverings).
3 2002 Economic Census—Manufacturing Series.
Washington, DC: U.S. Census Bureau, December
2004.
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size of these operations as it pertains to
SBA size standards.
In addition, there could be some
indirect effects on producers of
livestock in the event that any potential
costs to the manufacturers of eartags are
passed on to producers in the form of
higher eartag prices. In 2006, there were
a total of 971,400 cattle operations,
65,540 hog and pig operations, and
69,090 sheep and lamb operations.4 The
overwhelming majority of these
operations would be considered small
entities according to SBA standards.5
All of the changes contained in this
proposed rule are intended to
strengthen USDA’s ability to respond
effectively in the event of a disease
outbreak or other animal health event.
The alternative to the proposed rule
would have been to leave the
regulations unchanged, thereby limiting
the effectiveness of USDA’s disease
control programs. This was not
considered a viable option; therefore,
the no-action alternative was rejected.
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
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
9 CFR Part 71
Animal diseases, Livestock, Poultry
and poultry products, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
4 USDA–NASS, 2007 Agricultural Statistics,
Tables 7–18, 7–26, and 7–53. Washington, DC:
National Agricultural Statistics Service.
5 The small entity definition for livestock
producers (NAICS codes: 112111, 112120, 112210,
112410, and 112420) is one that has $750,000 or
less in annual receipts, according to the SBA’s
Table of Size Standards.
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9 CFR Part 77
Animal diseases, Bison, Cattle,
Reporting and recordkeeping
requirements, Transportation,
Tuberculosis.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs,
Quarantine, Reporting and
recordkeeping requirements,
Transportation.
9 CFR Part 79
Animal diseases, Quarantine, Sheep,
Transportation.
9 CFR Part 80
Animal diseases, Livestock,
Transportation.
Accordingly, we propose to amend 9
CFR parts 71, 77, 78, 79, and 80 as
follows:
PART 71—GENERAL PROVISIONS
1. The authority citation for part 71
continues to read as follows:
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
2. Section 71.1 is amended by revising
the definitions of animal identification
number (AIN), official eartag, official
identification device or method, and
premises identification number (PIN)
and adding definitions of Animal
Identification Number Management
System (AINMS), flock identification
number (FIN), and National Uniform
Eartagging System in alphabetical order
to read as follows:
§ 71.1
Definitions.
*
*
*
*
*
Animal identification number (AIN).
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The AIN contains 15 digits,
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording. Only the AIN beginning with
the 840 prefix will be recognized as
official for use on AIN tags applied to
animals on or after [Insert date 1 year
after effective date of final rule].
Animal Identification Number
Management System (AINMS). A Webbased system maintained by APHIS to
keep records of authorized AIN devices,
the allocation of AINs to authorized
manufacturers of AIN devices, the
distribution of AIN devices to premises,
and the termination of AIN tags. The
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AINMS may also be used for tracking
the disposition of other official
identification devices.
*
*
*
*
*
Flock identification number (FIN). A
nationally unique number assigned by a
State or Federal animal health authority
to a group of animals that are managed
as a unit on one or more premises and
are under the same ownership. The FIN
must begin with the State postal
abbreviation, must have no more than
nine alphanumeric characters, and must
not contain the letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’
other than as part of the State postal
abbreviation. FINs will be linked in the
National Scrapie Database to one or
more premises identification numbers
and may be used in conjunction with an
animal number unique within the flock
to provide a distinctive official
identification number for an animal, or
may be used in conjunction with the
date and a sequence number to provide
a group/lot identification number for a
group of animals when group
identification is permitted.
*
*
*
*
*
National Uniform Eartagging System.
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The National Uniform
Eartagging System employs an eight- or
nine-character alphanumeric format,
consisting of a two-number State or
territory code, followed by two or three
letters and four additional numbers.
Official APHIS disease control programs
may specify which format to employ.
*
*
*
*
*
Official eartag. An identification tag
approved by APHIS to provide unique
identification for individual animals.
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals 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. A
record of all official eartags issued or
distributed to premises in conjunction
with a Federal disease program must be
maintained by the State where the
premises to which they are issued are
located. The record must adequately
correlate each official eartag number
with the premises identification number
(PIN) to which it is issued or
distributed. Such correlation must be
done using the Animal Identification
Number Management System (AINMS)
or other recordkeeping systems
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1639
approved by the Administrator. Specific
requirements for the distribution of
official eartags bearing the Animal
identification number (AIN) are
provided in paragraph (2) below.
Official eartags for sheep and goats must
be approved for use in the scrapie
program in accordance with § 79.2(f) of
this subchapter. Numbers applied to
official eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System.
(2) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the AINMS.
(3) Premises-based number system.
The premises-based number system
combines a 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. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(4) Flock-based number system. The
flock-based number system combines a
flock identification number (FIN), as
defined in this section, with a
producer’s livestock production
numbering system to provide a unique
identification number. The FIN and the
production number must both appear
and be distinct on the official tag and
may not include the letters ‘‘I,’’ ‘‘O,’’ or
‘‘Q’’ other than as part of a State postal
abbreviation.
(5) Any other numbering system
approved by the Administrator for the
identification of animals in commerce.
Official identification device or
method. A means of officially
identifying an animal or group of
animals using devices or methods
approved by the Administrator,
including, but not limited to, official
tags, tattoos, and registered brands when
accompanied by a certificate of
inspection from a recognized brand
inspection authority. The U.S. shield is
reserved only for use on official
identification devices approved by
APHIS and may not be used on any
other devices.
*
*
*
*
*
Premises identification number (PIN).
A nationally unique number assigned by
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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. Premises
identification numbers issued on or
after [Insert effective date of final rule]
shall consist of 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.
*
*
*
*
*
3. In § 71.19, paragraph (b)(7) is
revised to read as follows:
§ 71.19 Identification of swine in interstate
commerce.
*
*
*
*
*
(b) * * *
(7) For adult swine moving directly to
slaughter, an eartag bearing the premises
identification number assigned by the
State animal health official to the
premises on which the swine originated,
provided the eartag has been approved
by APHIS and, beginning [Insert date 1
year after effective date of final rule],
bears the U.S. shield. For feeder swine,
an eartag or tattoo bearing the premises
identification number assigned by the
State animal health official to the
premises on which the swine originated;
and
*
*
*
*
*
4. Section 71.22 is revised to read as
follows:
§ 71.22 Removal and loss of official
identification devices.
Official identification devices are
intended to provide permanent
identification of livestock and to ensure
the ability to find the source of animal
disease outbreaks. Removal of these
devices, including devices applied to
imported animals in their countries of
origin and recognized by the
Administrator as official, is prohibited
except at the time of slaughter; at other
points of termination, such as rendering
facilities or diagnostic laboratories; in
compliance with Food Safety and
Inspection Service regulations regarding
the collection of all manmade
identification and the correlation of
such with carcasses through final
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inspection; or as otherwise authorized
by the Administrator. If an official
identification device is lost and it is
necessary to retag an animal with a new
official number, every effort should be
made to correlate the new official
number with the previous official
number of the animal. Official
identification devices are not to be sold
or otherwise transferred from the
premises to which they were originally
issued to another premises without
authorization by APHIS.
PART 77—TUBERCULOSIS
5. 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.
6. Section 77.2 is amended by revising
the definitions of animal identification
number (AIN), official eartag, and
premises identification number (PIN)
and adding definitions of Animal
Identification Number Management
System (AINMS) and National Uniform
Eartagging System in alphabetical order
to read as follows:
§ 77.2
Definitions.
*
*
*
*
*
Animal identification number (AIN).
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The AIN contains 15 digits,
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording. Only the AIN beginning with
the 840 prefix will be recognized as
official for use on AIN tags applied to
animals on or after [Insert date 1 year
after effective date of final rule].
Animal Identification Number
Management System (AINMS). A Webbased system maintained by APHIS to
keep records of authorized AIN devices,
the allocation of AINs to authorized
manufacturers of AIN devices, the
distribution of AIN devices to premises,
and the termination of AIN tags. The
AINMS may also be used for tracking
the disposition of other official
identification devices.
*
*
*
*
*
National Uniform Eartagging System.
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The National Uniform
Eartagging System employs an eight-or
nine-character alphanumeric format,
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Sfmt 4702
consisting of a two-number State or
territory code, followed by two or three
letters and four additional numbers.
Official APHIS disease control programs
may specify which format to employ.
Official eartag. An identification tag
approved by APHIS to provide unique
identification for individual animals.
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals 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. All
official eartags used in Federal disease
programs must be correlated with the
premises identification number of the
premises to which they are issued using
the Animal Identification Number
Management System (AINMS) or other
recordkeeping systems approved by the
Administrator. Numbers applied to
official eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System. The tuberculosis program
requires the use of the nine-character
format for cattle and bison.
(2) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the AINMS.
(3) Premises-based number system.
The premises-based number system
combines a 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. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(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
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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. Premises
identification numbers issued on or
after [Insert effective date of final rule]
shall consist of 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
7. 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.
8. Section 78.1 is amended by revising
the definitions of animal identification
number (AIN), official eartag, and
official identification device or method
and adding definitions of Animal
Identification Number Management
System (AINMS) and National Uniform
Eartagging System in alphabetical order
to read as follows:
§ 78.1
Definitions.
*
*
*
*
*
Animal identification number (AIN).
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The AIN contains 15 digits,
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording. Only the AIN beginning with
the 840 prefix will be recognized as
official for use on AIN tags applied to
animals on or after [Insert date 1 year
after effective date of final rule].
Animal Identification Number
Management System (AINMS). A Webbased system maintained by APHIS to
keep records of authorized AIN devices,
the allocation of AINs to authorized
manufacturers of AIN devices, the
distribution of AIN devices to premises,
and the termination of AIN tags. The
AINMS may also be used for tracking
the disposition of other official
identification devices.
*
*
*
*
*
National Uniform Eartagging System.
A numbering system for the official
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identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The National Uniform
Eartagging System employs an eight-or
nine-character alphanumeric format,
consisting of a two-number State or
territory code, followed by two or three
letters and four additional numbers.
Official APHIS disease control programs
may specify which format to employ.
*
*
*
*
*
Official eartag. An identification tag
approved by APHIS to provide unique
identification for individual animals.
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals 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. All
official eartags used in Federal disease
programs must be correlated with the
premises identification number of the
premises to which they are issued using
the Animal Identification Number
Management System (AINMS) or other
recordkeeping systems approved by the
Administrator. Numbers applied to
official eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System. The brucellosis program
requires the use of the nine-character
format for cattle.
(2) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the AINMS.
(3) 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. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(4) Any other numbering system
approved by the Administrator for the
identification of animals in commerce.
Official identification device or
method. A means of officially
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1641
identifying an animal or group of
animals using devices or methods
approved by the Administrator,
including, but not limited to, official
tags, tattoos, and registered brands when
accompanied by a certificate of
inspection from a recognized brand
inspection authority. The U.S. shield is
reserved only for use on official
identification devices approved by
APHIS and may not be used on any
other devices.
*
*
*
*
*
PART 79—SCRAPIE IN SHEEP AND
GOATS
9. 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.
10. Section 79.1 is amended by
revising the definitions of animal
identification number (AIN), official
eartag, official identification device or
method, and premises identification
number (PIN) and adding definitions of
Animal Identification Number
Management System (AINMS) and flock
identification number (FIN) in
alphabetical order to read as follows:
§ 79.1
Definitions.
*
*
*
*
*
Animal identification number (AIN).
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The AIN contains 15 digits,
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording. Only the AIN beginning with
the 840 prefix will be recognized as
official for use on AIN tags applied to
animals on or after [Insert date 1 year
after effective date of final rule].
Animal Identification Number
Management System (AINMS). A Webbased system maintained by APHIS to
keep records of authorized AIN devices,
the allocation of AINs to authorized
manufacturers of AIN devices, the
distribution of AIN devices to premises,
and the termination of AIN tags. The
AINMS may also be used for tracking
the disposition of other official
identification devices.
*
*
*
*
*
Flock identification number (FIN). A
nationally unique number assigned by a
State or Federal animal health authority
to a group of animals that are managed
as a unit on one or more premises and
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are under the same ownership. The FIN
must begin with the State postal
abbreviation, must have no more than
nine alphanumeric characters, and must
not contain the letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’
other than as part of the State postal
abbreviation. FINs will be linked in the
National Scrapie Database to one or
more premises identification numbers
and may be used in conjunction with an
animal number unique within the flock
to provide a unique official
identification number for an animal, or
may be used in conjunction with the
date and a sequence number to provide
a group/lot identification number for a
group of animals when group
identification is permitted.
*
*
*
*
*
Official eartag. An identification tag
approved for use on sheep and/or goats
by APHIS in accordance with § 79.2(f).
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals 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.
Numbers to be applied to official eartags
for sheep and goats must be correlated
with the corresponding premises
identification number and, where
applicable, flock identification number
in the National Scrapie Database. The
numbers must adhere to one of the
following numbering systems:
(1) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the Animal Identification Number
Management System (AINMS) and, if
applicable, the flock identification
number in the National Scrapie
Database.
(2) Premises-based number system.
The premises-based number system
combines a 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
and be distinct on the official tag. PINs
or production numbers that contain the
letters ‘‘I’’ or ‘‘O’’ may not be used as the
primary identifier on official sheep or
goat eartags. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
VerDate Nov<24>2008
16:05 Jan 12, 2009
Jkt 217001
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(3) A flock identification number
(FIN), as defined in this section, is used
in conjunction with a producer’s
livestock production numbering system
to provide a unique identification
number. The FIN and the production
number must both appear and be
distinct on the official tag and may not
include the letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’
other than as part of a State postal
abbreviation. The FIN must be
correlated in the National Scrapie
Database with one or more PINs.
(4) A unique eight-character number
composed of the State postal
abbreviation followed by two
alphanumeric characters (not including
the letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’) and four
numbers.
(5) Any other numbering system
approved by the Administrator for the
identification of sheep and goats in
commerce.
*
*
*
*
*
Official identification device or
method. A means of officially
identifying an animal or group of
animals using devices or methods
approved by the Administrator,
including, but not limited to, official
tags, tattoos, and registered brands when
accompanied by a certificate of
inspection from a recognized brand
inspection authority. The U.S. shield is
reserved only for use on official
identification devices approved by
APHIS and may not be used on any
other devices.
*
*
*
*
*
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. Premises
identification numbers issued on or
after [Insert effective date of final rule]
shall consist of a seven-character
alphanumeric code, with the right-most
character being a check digit. The check
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
digit number is based upon the ISO
7064 Mod 36/37 check digit algorithm.
*
*
*
*
*
PART 80—JOHNE’S DISEASE IN
DOMESTIC ANIMALS
11. 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.
12. Section 80.1 is amended by
revising the definitions of animal
identification number (AIN), official
eartag, and premises identification
number (PIN) and adding definitions of
Animal Identification Number
Management System (AINMS), Flock
Identification Number (FIN), and
National Uniform Eartagging System in
alphabetical order to read as follows:
*
*
*
*
*
§ 80.1
Definitions.
*
*
*
*
*
Animal identification number (AIN).
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The AIN contains 15 digits,
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording. Only the AIN beginning with
the 840 prefix will be recognized as
official for use on AIN tags applied to
animals on or after [Insert date 1 year
after effective date of final rule].
Animal Identification Number
Management System (AINMS). A Webbased system maintained by APHIS to
keep records of authorized AIN devices,
the allocation of AINs to authorized
manufacturers of AIN devices, the
distribution of AIN devices to premises,
and the termination of AIN tags. The
AINMS may also be used for tracking
the disposition of other official
identification devices.
*
*
*
*
*
Flock identification number (FIN). A
nationally unique number assigned by a
State or Federal animal health authority
to a group of animals that are managed
as a unit on one or more premises and
are under the same ownership. The FIN
must begin with the State postal
abbreviation, must have no more than
nine alphanumeric characters, and must
not contain the letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’
other than as part of the State postal
abbreviation. FINs will be linked in the
National Scrapie Database to one or
more premises identification numbers
E:\FR\FM\13JAP1.SGM
13JAP1
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules
and may be used in conjunction with an
animal number unique within the flock
to provide a unique official
identification number for an animal, or
may be used in conjunction with the
date and a sequence number to provide
a group/lot identification number for a
group of animals when group
identification is permitted.
*
*
*
*
*
National Uniform Eartagging System.
A numbering system for the official
identification of individual animals in
the United States providing a nationally
unique identification number for each
animal. The National Uniform
Eartagging System employs an eight- or
nine-character alphanumeric format,
consisting of a two-number State or
territory code, followed by two or three
letters and four additional numbers.
Official APHIS disease programs may
specify which format to employ.
Official eartag. An identification tag
approved by APHIS to provide unique
identification for individual animals.
Beginning [Insert date 1 year after
effective date of final rule], all official
eartags applied to animals 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. All
official eartags used in Federal disease
programs must be correlated with the
premises identification number of the
premises to which they are issued using
the Animal Identification Number
Management System (AINMS) or other
recordkeeping systems approved by the
Administrator. Official eartags for sheep
and goats must be approved for use in
the National Scrapie Eradication
Program in accordance with § 79.2(f) of
this subchapter. Numbers applied to
official eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System. The Johne’s program requires
the use of the nine-character format for
cattle.
(2) Animal identification number
(AIN). AIN eartags attached to any
animals on or after [Insert date 1 year
after effective date of final rule] must
display an AIN with an 840 prefix.
These numbers must be correlated with
the premises identification number of
the premises to which they are issued
using the AINMS.
(3) Premises-based number system.
The premises-based number system
combines a premises identification
number (PIN), as defined in this section,
with a producer’s livestock production
VerDate Nov<24>2008
16:05 Jan 12, 2009
Jkt 217001
numbering system to provide a unique
identification number. The PIN and the
production number must both appear on
the official tag. Official eartags using a
premises-based numbering system that
are issued on or after [Insert date 1 year
after effective date of final rule] must
employ the seven-character
alphanumeric PIN format.
(4) A flock identification number
(FIN), as defined in this section, used in
conjunction with a producer’s livestock
production numbering system to
provide a unique identification number.
The FIN and the production number
must both appear and be distinct on the
official tag and may not include the
letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’ other than as
part of a State postal abbreviation.
(5) In the case of sheep and goats, a
unique eight-digit number composed of
the State postal abbreviation followed
by two letters (not including ‘‘I,’’ ‘‘O,’’
or ‘‘Q’’) and four numbers.
(6) 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 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. Premises
identification numbers issued on or
after [Insert effective date of final rule]
shall consist of 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 7th day of
January 2009.
Cindy J. Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E9–353 Filed 1–13–09; 8:45 am]
BILLING CODE 3410–34–P
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1643
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2006–BT–STD–0129]
RIN 1904–AA90
Energy Conservation Standards for
Residential Water Heaters, Direct
Heating Equipment, and Pool Heaters:
Public Meeting and Availability of the
Preliminary Technical Support
Document
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of preliminary technical
support document.
SUMMARY: The Department of Energy
(DOE) will hold an informal public
meeting to discuss and receive
comments on the product classes that
DOE plans to analyze for purposes of
amending energy conservation
standards for certain residential heating
products; the analytical framework,
models, and tools that DOE is using to
evaluate standards for these products;
the results of preliminary analyses
performed by DOE for these products;
and potential energy conservation
standard levels derived from these
analyses that DOE could consider for
these products. DOE also encourages
written comments on these subjects. To
inform stakeholders and facilitate this
process, DOE has prepared an agenda, a
preliminary Technical Support
Document (preliminary-TSD), and
briefing materials, all of which are
available at: https://
www.eere.energy.gov/buildings/
appliance_standards/residential/
heating products.html.
DATES: DOE will hold a public meeting
on Monday, February 9, 2009, from 9
a.m. to 5 p.m. in Washington, DC. Any
person requesting to speak at the public
meeting should submit such request,
along with an electronic copy of the
statement to be given at the public
meeting, before 4 p.m., Monday, January
26, 2009. Written comments are
welcome, especially following the
public meeting, and should be
submitted by March 16, 2009.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
E:\FR\FM\13JAP1.SGM
13JAP1
Agencies
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Proposed Rules]
[Pages 1634-1643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-353]
========================================================================
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.
========================================================================
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 /
Proposed Rules
[[Page 1634]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 71, 77, 78, 79, and 80
[Docket No. APHIS-2007-0096]
RIN 0579-AC72
Official Animal Identification Numbering Systems
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the domestic livestock regulations
to require that when animal identification numbers (AINs) are used,
only those numbers beginning with the 840 prefix will be recognized as
official for use on all AIN tags applied to animals 1 year or more
after the date on which this proposed rule is finalized. In addition,
we are proposing to require that all new premises identification
numbers (PINs) that are issued on or after the effective date of this
rule use the seven-character alphanumeric code format. Official eartags
that use a premises based numbering system issued after a 1-year phase-
in period will be required to use the seven-character alphanumeric code
format as well. Further, we are proposing several changes pertaining to
the use of the U.S. shield on official eartags, numbering systems that
use such eartags, and the correlation of those numbering systems with
the PIN. These proposed changes are intended to achieve greater
standardization and uniformity of official numbering systems and
eartags used in animal disease programs and to enhance animal
traceability, as discussed in previous Federal Register documents
pertaining to the National Animal Identification System.
DATES: We will consider all comments that we receive on or before March
16, 2009.
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-2007-0096 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-2007-0096, 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-2007-0096.
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. John Wiemers, Senior Staff
Officer, National Animal Identification Staff, VS, APHIS, 2100 S. Lake
Storey Rd., Galesburg, IL 61401; (309) 344-1942.
SUPPLEMENTARY INFORMATION:
Background
As part of its ongoing efforts to safeguard animal health, the U.S.
Department of Agriculture (USDA) has launched a series of initiatives
to provide national standards for animal disease traceability. These
include the National Animal Identification System (NAIS), a cooperative
State/Federal/industry program administered by the USDA's Animal and
Plant Health Inspection Service (APHIS).
In an interim rule effective and published in the Federal Register
on November 8, 2004 (69 FR 64644-64651, Docket No. 04-052-1), we
amended the regulations to recognize 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
numbering systems are important national standards for improved animal
disease traceability and are key elements in the NAIS.
On July 18, 2007, APHIS adopted that interim rule as a final rule
(72 FR 39301-39307, Docket No. 04-052-2) \1\ with several changes.
Neither the interim rule nor the final rule required the use of the
AIN, the GIN, or the PIN.
---------------------------------------------------------------------------
\1\ To view the interim rule, the comments we received, and the
subsequent final rule, go to https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&d=APHIS-2004-0018.
---------------------------------------------------------------------------
Standardization of the AIN
The regulations established by the November 2004 interim rule and
the July 2007 final rule describe the AIN as a number containing 15
digits, with the first 3 being the country code (840 for the United
States), the alpha characters USA, or the numeric code assigned to the
manufacturer of the identification device by the International
Committee on Animal Recording. APHIS decided to recognize as official
AINs beginning with the letters USA or a manufacturer's code in order
to avoid placing an excessive burden on producers who were already
using either of those two numbering systems for identifying their
animals. Only recognizing AINs with the country code 840 would have
required producers to retag their animals.
Moving to one uniform, standardized, technology-neutral numbering
system for the identification of livestock, however, is essential to
achieving more efficient and effective animal disease traceability.
Therefore, in the Supplementary Information section of our July 2007
final rule, we noted that we viewed the USA and manufacturer's code
numbering systems as transitional. We anticipated phasing them out as
we focused our efforts on moving toward a single system whereby APHIS
would recognize as official only the AIN with the 840 prefix to the
extent practical. We further indicated that we would
[[Page 1635]]
provide additional information about the transition process in future
rulemaking.
We are now proposing to amend the regulations to recognize as
official only AINs beginning with 840 for use on all AIN tags applied
to animals 1 year or more after the date of the finalization of this
proposed rule. AINs with USA and manufacturer's code prefixes imprinted
on eartags would not be recognized as official identification numbers
for animals born on or after the date upon which the proposed
requirement becomes effective. We would amend the definitions of animal
identification number (AIN) and official eartag in 9 CFR 71.1, 77.2,
78.1, 79.1, and 80.1 accordingly. We believe that requiring the 840 AIN
format for AIN tags applied to animals 1 year or more after this
proposed rule is finalized would provide enough advance notice to
inform and educate producers, allow them to work through existing
inventories of eartags, and make the transition achievable on a large
scale. Since this proposed requirement would apply only to animals
tagged 1 year or more after the finalization of this proposed rule, it
would not be necessary to retag animals that had been officially
identified prior to that date.
The entire transition period, i.e., the time it would take for all
animals with AIN eartags to have AINs with the 840 prefix, would likely
last for many years. Breeding beef cattle, for instance, typically live
10 years or more. Young calves selected for breeding and identified in
the fall of 2008 could conceivably still be wearing eartags with USA or
manufacturer's code AINs in 2018 and beyond. It is not our intent at
this time to set a date by which AIN eartags in adult animals must
conform to the 840 standard.
As was the case with the November 2004 interim rule and the July
2007 final rule, this proposed rule would not require the use of the
AIN. Other animal identification numbering systems currently recognized
in the regulations for use on official eartags, such as the National
Uniform Eartagging System and premises-based numbering systems that
combine a PIN with a producer's livestock production numbering system,
would continue to be so recognized. If the AIN is used, however, on an
official eartag or other device (currently, it is only used on eartags
and implants), only the format with the 840 prefix would be acceptable
for use on animals tagged 1 year or more after the date on which this
proposed rule is finalized.
Standardization of the PIN
While premises-based numbering systems that employ the PIN may be
used for the identification of individual animals, the fundamental
purpose of a PIN is to identify locations in the United States where
livestock and/or poultry are housed or kept. Premises identification
has value in and of itself, even if the animals on a given premises are
not identified individually. When animal health officials know where
at-risk animals and locations are and have accurate, up-to-date contact
information for their owners, they can respond quickly and
strategically to prevent disease spread.
The existing regulations recognize two types of PINs. The first
consists of the two-letter postal abbreviation of the State in which
the premises is located, followed by a number assigned to the premises
by a State animal health official. The second is 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. The latter format is the newer one of the two, having been
recognized as official in the November 2004 interim rule. As of
September 2008, more than 480,000 PINs using the 7-character
alphanumeric format had been issued.
Because the use of a single numbering system to represent premises
in all animal-health data systems would help to standardize information
and to enhance existing disease-tracing and emergency-response
capabilities, we are proposing to remove the PIN format that uses the
State postal abbreviation and are proposing to create a single national
format for the PIN by requiring that all PINs issued on or after the
date on which this proposed rule becomes effective would have to use
the seven-character alphanumeric code format. We would amend the
definitions of premises identification number (PIN) in Sec. Sec. 71.1,
77.2, 79.1, and 80.1 accordingly.
When the change becomes effective, the postal-code PIN format would
no longer be recognized as official for the identification of locations
where livestock or poultry are housed or kept. Locations that are
currently identified with a postal-code PIN will need to obtain a
seven-character PIN for use when the assignment of a numbered location
identifier is required by APHIS.
Identification eartags, as well as other devices or means of
official identification, such as backtags and tattoos, that employ a
premises-based numbering system that includes a PIN could not be
applied to animals 1 year or later after the date on which this
proposed rule is finalized if the PIN does not employ the seven-
character format. As is the case with our proposed requirement for
standardizing the AIN, we believe that the 1-year phase-in period for
requiring the seven-character PIN on eartags and other devices using
premises-based numbering systems would provide enough advance notice to
inform and educate producers, allow them to work through inventories of
eartags that employ postal-code PINs as a means of identifying animals,
and make this transition achievable on a large scale. Animals that are
currently identified with a premises-based numbering system that uses a
postal-code PIN would not have to be retagged, however, as the proposed
requirement is intended to be applied going forward. If the owner of
the premises has obtained a new seven-character PIN, older eartags
employing the postal-code PIN as a means of identifying animals would
be cross-referenced with the seven-character PIN in the premises
registration system maintained by the State that issued the postal-code
PIN.
Official Eartags
To help us achieve our goals of increased standardization and
enhanced animal traceability and to codify some identification methods
that are currently in use, we are proposing a number of changes to the
requirements for official eartags. These proposed changes pertain to
the use of the U.S. shield on official eartags, numbering systems that
may be used on such eartags, and the correlation of those numbering
systems with the PIN.
Previously, the regulations required that all official eartags had
to bear the U.S. shield. The shield is useful for traceback purposes
because it provides a readily visible means of recognizing official
animal identification devices. In the July 2007 final rule, however, we
amended the definition of official eartag to require that only official
eartags displaying an 840 AIN bear the U.S. shield. We narrowed the
shield requirement at that time in order to allow producers using AINs
beginning with USA or manufacturers' code prefixes to continue to use
their existing tags rather than having to retag their animals.
In keeping with our intentions to phase out the use of those types
of AINs and to achieve greater standardization in numbering systems and
means and methods of animal identification, we are now proposing to
revert to the earlier requirement that all official eartags bear the
U.S. shield. The requirement would apply to official eartags issued 1
year or more after the date of the finalization of
[[Page 1636]]
this proposed rule. This proposed change would be complemented by
another, also aimed at achieving greater standardization: We would
amend the definition of official identification device or method in
Sec. Sec. 71.1, 78.1, and 79.1 to state that, going forward, the U.S.
shield would be reserved only for use on official identification
devices approved by APHIS, i.e., that it could not be used on any
unofficial identification devices. As is the case with our proposed 840
AIN requirement, the 1-year phase-in period is intended to allow
producers adequate time to work through existing inventories of
eartags.
Our proposed definition of official eartag would also require such
eartags, including those that use the National Uniform Eartagging
System, if issued or distributed in conjunction with a Federal disease
program, to be correlated with the PINs of the premises to which they
are issued, by means of the Animal Identification Number Management
System (AINMS) or other recordkeeping systems approved by the
Administrator. (Both the National Uniform Eartagging System and the
AINMS are discussed in greater detail later in this document.) For this
proposed requirement to be met, official eartags used in animal disease
programs could only be issued, going forward, to registered premises
that have PINs. In sections of the regulations that apply to sheep and
goats, e.g., in Sec. 79.1, the proposed definition would also indicate
that official eartags for those species would have to be approved by
APHIS for use in accordance with the scrapie regulations. Official
eartags used on sheep and goats in the National Scrapie Eradication
Program (NSEP) would have to be correlated with the PINs of the owner's
premises and, where applicable, a flock identification number (FIN) in
the National Scrapie Database. Correlating eartags with PINs would aid
in tracing animals back to their farms of origin in the event of
disease outbreaks.
Our proposed definition of official eartag would also require that
when AIN eartags are used, the AINs would have to be correlated with
the PINs of the premises to which they are issued, meaning that AIN
eartags could only be issued to registered premises that have PINs.
AINs would be correlated with PINs using the AINMS, which we would
define in Sec. Sec. 71.1, 77.2, 79.1, and 80.1 as a Web-based system
maintained by APHIS to keep records of authorized AIN devices, the
allocation of AINs to authorized manufacturers of AIN devices, the
distribution of AIN devices to premises, and the termination of AIN
tags. The definition would further state that the system could also be
used to track the disposition of other official identification devices.
(Further information regarding the AINMS can be found at https://
animalid.aphis.usda.gov/nais/animal_id/ain_mngt_sys.shtml.) AINs
used on official eartags attached to sheep and goats in the NSEP would
also have to be correlated with PINs and, where applicable, FINs in the
National Scrapie Database.
Additionally, in Sec. 79.1, the proposed definition of official
eartag would codify two identification numbering systems that are
currently being used in the NSEP but that are not defined in the
existing regulations. The change would recognize the current practice
of employing the FIN, which is discussed in greater detail below, on
official eartags for sheep and goats if used in conjunction with a
producer's livestock production numbering system to provide a unique
identification number. The proposed definition of official eartag in
Sec. 79.1 would also recognize a unique eight-character number,
already in use in the NSEP, composed of the State postal abbreviation
followed by two letters and four numbers for use on official eartags
for sheep and goats. With either of these numbering systems, the
letters ``I,'' ``O,'' or ``Q'' could only be used in the State postal
abbreviation due to the possibility that they could be confused with
the numbers ``0'' or ``1.''
Finally, while the existing definition of official eartag allows
for the use of the National Uniform Eartagging System on such tags, it
does not specify the format to be used. Because either an eight- or
nine-character format may be employed, as discussed below, the
definitions of official eartag that would appear in the different parts
covered by this proposed rule vary slightly, with each specifying the
National Uniform Eartagging System format to be used, where use of the
system is applicable, for the particular species and the particular
animal disease program that are the subject of the part.
Flock Identification Number
At this time, the NSEP furnishes eartags to sheep and goat
producers that bear a numbering system that is somewhat similar to the
premises-based numbering system (a PIN combined with the producer's
livestock production numbering system) discussed above. In lieu of a
PIN, however, these eartags are imprinted with a unique FIN. This
number, unlike the PIN, represents an animal group that is associated
with one or more locations rather than a designator for a location. The
FIN serves the sheep and goat industries well in their disease control
and eradication efforts. The existing regulations, however, while
allowing for the use of the FIN on eartags for sheep and goats in the
NSEP, do not define the term as they do other types of identification
numbers, such as the AIN and the PIN. Therefore, to codify current
practices and help ensure uniformity and consistency in the use of
flock identification numbering, we are proposing to add a definition of
flock identification number (FIN) to the general requirements for
interstate movement in 9 CFR part 71, to the scrapie-related
requirements in part 79, and to the Johne's disease requirements in
part 80. Specifically, in Sec. Sec. 71.1, 79.1, and 80.1, we would
define flock identification number (FIN) as a nationally unique number
assigned by a State or Federal animal health authority to a group of
animals that are managed as a unit on one or more premises and are
under the same ownership. The definition would state that the FIN must
begin with the State postal abbreviation, must have no more than nine
alphanumeric characters, and must not contain the characters
``I'',''O'', or ``Q'' other than as part of the State postal
abbreviation. As noted earlier, the restriction on the use of those
letters is intended to prevent errors that could result from confusing
them with the numbers ``0'' and ``1.'' The proposed definition would
further note that FINs would be linked in the National Scrapie Database
to one or more PINs and could be used in conjunction with an animal
number unique within the flock to provide a distinctive official
identification number for an animal, or could be used in conjunction
with the date and a sequence number to provide a GIN for a group of
animals when group identification is allowed. As noted above, we would
also amend the definition of official eartag in Sec. Sec. 71.1, 79.1,
and 80.1 so that it would include the FIN on the list of numbering
systems that may be used on official eartags, thereby codifying the
existing practice.
National Uniform Eartagging System
The definition of official eartag in Sec. Sec. 71.1, 77.2, 78.1,
79.1, and 80.1 currently recognizes the National Uniform Eartagging
System as a means of identifying individual animals in commerce. The
system has been in use for many years, but the existing regulations do
not define the term or specify a particular format. To codify existing
practices, thereby helping to ensure greater standardization and
uniformity in the use of this numbering system, we are proposing to add
a
[[Page 1637]]
definition of National Uniform Eartagging System to the sections cited
above, with the exception of Sec. 79.1, since that numbering system is
not used in the NSEP. (The definition of official eartag in Sec. 79.1
would be amended to remove the option of using the National Uniform
Eartagging System in the NSEP.) We would define National Uniform
Eartagging System as a numbering system for the official identification
of individual animals in the United States providing a nationally
unique identification number for each animal. An eight- or nine-
character alphanumeric format, consisting of a two-number State or
territory code, followed by two or three letters and four additional
numbers, would be required. (The eight-character format is generally
reserved for use in small livestock, such as sheep and goats, though
not, as noted above, in the NSEP.) The proposed definition would also
note that individual APHIS disease control programs may specify which
National Uniform Eartagging System format to use.
Removal of Official Identification Devices
Current Sec. 71.22, which was added to the regulations in the
November 2004 interim rule, states that official identification devices
are intended to provide permanent identification of livestock and to
ensure the ability to find the source of animal disease outbreaks and
prohibits the intentional removal of such devices except at the time of
slaughter.
We are proposing to allow for removal of official identification
devices not only at slaughter but also at other points of termination,
such as rendering facilities or diagnostic laboratories. We would also
allow for removal of official identification devices in compliance with
Food Safety and Inspection Service (FSIS) regulations regarding the
collection of all manmade animal identification and the correlation of
such with carcasses through final inspection and for removal as
otherwise authorized by the Administrator. These proposed changes would
simply codify existing practices and would not negatively affect animal
traceability.
Miscellaneous
Current Sec. 71.19(b)(7) states that slaughter swine and feeder
swine may be identified by means of an eartag or tattoo bearing a PIN.
We are proposing to amend that paragraph to distinguish between the
identification required for each type of swine. Tattoos are a less
effective means of identifying adult slaughter swine than are eartags
because the vast majority of such animals are skinned as part of the
preparation of the animal carcass for meat processing. We are therefore
proposing to amend Sec. 71.19(b)(7) to require that, after a 1-year
phase-in period, when the PIN is used to identify adult slaughter
swine, the swine would have to be identified by an APHIS-approved
eartag bearing the U.S. shield. The identification requirements for
feeder swine would not change, however, since tattooing has proved to
be a very reliable method of identification for those animals.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
potential effects of the proposed changes on small entities. We do not
currently have all the data necessary for a comprehensive analysis of
the effects of this proposed rule on small entities. Therefore, we are
inviting comments concerning potential effects. In particular, we are
interested in determining the potential costs to eartag manufacturers
and livestock producers.
This proposed rule would amend the regulations to achieve greater
standardization and uniformity of official numbering systems and
eartags and to codify certain existing identification methods. We
propose to remove the option of using AINs that begin with the alpha
characters USA or a manufacturer's code and only recognize as official
those that begin with an 840 prefix. This change would apply to AINs
imprinted on AIN tags applied to animals 1 year or more after the date
on which this proposed rule is finalized. In addition, we are proposing
to require that all new PINs issued on or after the effective date of
this rule use the seven-character alphanumeric code format. Official
eartags using a premises-based numbering system employing a PIN that
are issued after a 1-year phase-in period will be required to use the
seven-character alphanumeric code format as well. We are also proposing
to require that, after a 1-year phase-in period, all official eartags
applied to animals must bear the U.S. shield, and we would specify that
the shield could only be used on official identification devices
approved by APHIS. We would also add to the regulations definitions of
flock identification number (FIN), National Uniform Eartagging System,
and the AINMS. We do not expect that the addition of the AINMS to the
regulations will cause any significant economic burden to any entities
that may be affected by this rulemaking. The AINMS has been used
successfully, and without causing difficulty for users, to record the
distribution of over 10 million official tags by industry cooperators.
By requiring the use of only the 840 prefix in the AIN for AIN tags
applied to animals 1 year or more after the date on which this proposed
rule is finalized, we anticipate there would be enough advance notice
to allow the transition to take place without placing a significant
economic burden on livestock producers or on manufacturers of eartags
using the AIN. Since it is not the intent of this proposed rule to set
a date by which AIN eartags for all adult animals must conform to the
840 format, there should be few, if any, animals that would need to be
retagged. As noted earlier, it is expected to be many years before all
animals have an AIN with the 840 prefix. For instance, breeding beef
cattle typically live for 10 years or more before they are slaughtered.
Requiring the use of the 840 prefix for the AIN is not expected to
have significant economic effects on the livestock industry. Potential
costs would include reformatting expenses for eartag manufacturers as
the USA and manufacturer's code numbering systems are eliminated.
Additionally, there may be obsolete inventory costs in the form of
stocked eartags that were imprinted with one of the eliminated
numbering systems. These potential costs may be passed on to livestock
producers that purchase the new eartags. We do not have data to
quantitatively estimate these potential costs at this time, and welcome
public comment from affected entities with this information. However,
we would not expect these potential costs to be large, because most
adult animals would not need to be retagged, unless a tag is lost and
needs to be replaced, and because the use of the AIN would not be
required and other animal identification numbering systems currently
recognized in the regulations for use on official eartags, such as the
National Uniform Eartagging System and one of the premises-based
numbering systems, would continue to be recognized as official.
Moreover, transitioning to the use of standardized AINs would enhance
APHIS' animal disease response capabilities, which would benefit
livestock industries.
The current regulations recognize two forms of PINs for the
official
[[Page 1638]]
identification of premises where livestock or poultry are housed. One
consists of a postal code prefix of the State in which the premises is
located, followed by a number assigned to the premises by a State
animal health official. A second, more recent format utilizes a seven-
character alphanumeric code that was developed through discussions with
industry and producer representatives. At this time, more than 480,000
PINs using the 7-character alphanumeric format have been issued, while
the older format is being phased out. The use of a single numbering
system to identify premises is essential in enhancing and contributing
to the effectiveness of USDA's disease-tracing and emergency response
capabilities. Therefore, we are proposing to require that all PINs
issued on or after the effective date of this rule use the newer seven-
character alphanumeric format. This action is not expected to have a
significant economic effect on producers of livestock or poultry, as it
is just a change in program operations, and would require minimal
expenditures on the part of producers. For example, some producers who
are transitioning from postal-code to seven-character PINs may have to
buy additional tattoo digits, depending upon what tattoo digits they
already have, but that expense, if any, would be very small.
Additionally, as with the standardization of the AINs, there may be
minimal costs associated with the transition away from the postal-code
eartags for those producers who use a premises-based numbering system
to identify their animals.
We would also require that, after a 1-year phase-in period, all
official eartags would have to bear the U.S. shield. It is possible
that there could be some reformatting costs for tag manufacturers as a
result of this requirement, though it is important to note that eartags
imprinted with the 840 prefix already bear the U.S. shield. We do not
have data to quantitatively estimate these potential costs at this
time. We do not anticipate costs to producers resulting from this
proposed requirement, but we welcome comments and information from the
public on this issue.
Currently, the NSEP furnishes eartags to sheep and goat producers
that use a numbering system that is similar to the premises-based
numbering system (a PIN combined with the producer's livestock
production numbering system). However, in place of the PIN, NSEP
imprints these eartags with a unique FIN. We are proposing to add a
definition of flock identification number (FIN) to the regulations and
amend the definition of official eartag to include the FIN on the list
of numbering systems that may be used on official eartags. Because
these proposed changes simply incorporate current practices into the
regulations, we do not expect them to have an economic effect on the
sheep and goat industries.
The definition of official eartag currently allows for the use of
the National Uniform Eartagging System as a means of identifying
individual animals in commerce. However, existing regulations do not
define the term or specify the format. To provide for greater
standardization and uniformity, we are proposing to add a definition of
National Uniform Eartagging System, as discussed above. Because this
proposed change, like the addition of the FIN definition, simply
incorporates current practices into the regulations, we do not expect
that there will be any economic impact on entities potentially affected
by this proposed rule.
We expect that all the proposed changes discussed above would
benefit affected entities by allowing for greater flexibility in some
instances while enhancing traceability in the event of a disease
outbreak.
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their rules on small entities. Entities
that could be economically affected by this proposed rule include
eartag manufacturers, slaughtering or animal processing establishments,
and livestock producers.
The proposed rule may have an effect on manufacturers of animal
eartags. The U.S. Small Business Administration's (SBA's) small-entity
size standard for North American Industry Classification System (NAICS)
code 326199, which comprises plastic product manufacturers not
otherwise identified by NAICS code, is 500 or fewer employees.\2\
According to the 2002 Economic Census, there were 7,892 establishments
in this category engaged in the manufacturing of plastic products, with
over 492,000 paid employees.\3\ Of these 7,892 establishments, we know
neither the number of operations engaged in the manufacture of plastic
eartags, nor the size of these operations as it pertains to SBA size
standards.
---------------------------------------------------------------------------
\2\ Table of Size Standards based on NAICS 2002. Washington, DC:
U.S. Small Business Administration, effective October 1, 2007. Note:
NAICS code 326199 comprises establishments primarily engaged in
manufacturing plastic products (except film, sheet, bags, profile
shapes, pipes, pipe fittings, laminates, foam products, bottles,
plumbing fixtures, and resilient floor coverings).
\3\ 2002 Economic Census--Manufacturing Series. Washington, DC:
U.S. Census Bureau, December 2004.
---------------------------------------------------------------------------
In addition, there could be some indirect effects on producers of
livestock in the event that any potential costs to the manufacturers of
eartags are passed on to producers in the form of higher eartag prices.
In 2006, there were a total of 971,400 cattle operations, 65,540 hog
and pig operations, and 69,090 sheep and lamb operations.\4\ The
overwhelming majority of these operations would be considered small
entities according to SBA standards.\5\
---------------------------------------------------------------------------
\4\ USDA-NASS, 2007 Agricultural Statistics, Tables 7-18, 7-26,
and 7-53. Washington, DC: National Agricultural Statistics Service.
\5\ The small entity definition for livestock producers (NAICS
codes: 112111, 112120, 112210, 112410, and 112420) is one that has
$750,000 or less in annual receipts, according to the SBA's Table of
Size Standards.
---------------------------------------------------------------------------
All of the changes contained in this proposed rule are intended to
strengthen USDA's ability to respond effectively in the event of a
disease outbreak or other animal health event. The alternative to the
proposed rule would have been to leave the regulations unchanged,
thereby limiting the effectiveness of USDA's disease control programs.
This was not considered a viable option; therefore, the no-action
alternative was rejected.
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
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
[[Page 1639]]
9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
9 CFR Part 79
Animal diseases, Quarantine, Sheep, Transportation.
9 CFR Part 80
Animal diseases, Livestock, Transportation.
Accordingly, we propose to amend 9 CFR parts 71, 77, 78, 79, and 80
as follows:
PART 71--GENERAL PROVISIONS
1. The authority citation for part 71 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
2. Section 71.1 is amended by revising the definitions of animal
identification number (AIN), official eartag, official identification
device or method, and premises identification number (PIN) and adding
definitions of Animal Identification Number Management System (AINMS),
flock identification number (FIN), and National Uniform Eartagging
System in alphabetical order 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. Only the AIN beginning
with the 840 prefix will be recognized as official for use on AIN tags
applied to animals on or after [Insert date 1 year after effective date
of final rule].
Animal Identification Number Management System (AINMS). A Web-based
system maintained by APHIS to keep records of authorized AIN devices,
the allocation of AINs to authorized manufacturers of AIN devices, the
distribution of AIN devices to premises, and the termination of AIN
tags. The AINMS may also be used for tracking the disposition of other
official identification devices.
* * * * *
Flock identification number (FIN). A nationally unique number
assigned by a State or Federal animal health authority to a group of
animals that are managed as a unit on one or more premises and are
under the same ownership. The FIN must begin with the State postal
abbreviation, must have no more than nine alphanumeric characters, and
must not contain the letters ``I,'' ``O,'' or ``Q'' other than as part
of the State postal abbreviation. FINs will be linked in the National
Scrapie Database to one or more premises identification numbers and may
be used in conjunction with an animal number unique within the flock to
provide a distinctive official identification number for an animal, or
may be used in conjunction with the date and a sequence number to
provide a group/lot identification number for a group of animals when
group identification is permitted.
* * * * *
National Uniform Eartagging System. A numbering system for the
official identification of individual animals in the United States
providing a nationally unique identification number for each animal.
The National Uniform Eartagging System employs an eight- or nine-
character alphanumeric format, consisting of a two-number State or
territory code, followed by two or three letters and four additional
numbers. Official APHIS disease control programs may specify which
format to employ.
* * * * *
Official eartag. An identification tag approved by APHIS to provide
unique identification for individual animals. Beginning [Insert date 1
year after effective date of final rule], all official eartags applied
to animals 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. A record of all official eartags issued or distributed
to premises in conjunction with a Federal disease program must be
maintained by the State where the premises to which they are issued are
located. The record must adequately correlate each official eartag
number with the premises identification number (PIN) to which it is
issued or distributed. Such correlation must be done using the Animal
Identification Number Management System (AINMS) or other recordkeeping
systems approved by the Administrator. Specific requirements for the
distribution of official eartags bearing the Animal identification
number (AIN) are provided in paragraph (2) below. Official eartags for
sheep and goats must be approved for use in the scrapie program in
accordance with Sec. 79.2(f) of this subchapter. Numbers applied to
official eartags must adhere to one of the following numbering systems:
(1) National Uniform Eartagging System.
(2) Animal identification number (AIN). AIN eartags attached to any
animals on or after [Insert date 1 year after effective date of final
rule] must display an AIN with an 840 prefix. These numbers must be
correlated with the premises identification number of the premises to
which they are issued using the AINMS.
(3) Premises-based number system. The premises-based number system
combines a 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. Official eartags using a
premises-based numbering system that are issued on or after [Insert
date 1 year after effective date of final rule] must employ the seven-
character alphanumeric PIN format.
(4) Flock-based number system. The flock-based number system
combines a flock identification number (FIN), as defined in this
section, with a producer's livestock production numbering system to
provide a unique identification number. The FIN and the production
number must both appear and be distinct on the official tag and may not
include the letters ``I,'' ``O,'' or ``Q'' other than as part of a
State postal abbreviation.
(5) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority. The U.S.
shield is reserved only for use on official identification devices
approved by APHIS and may not be used on any other devices.
* * * * *
Premises identification number (PIN). A nationally unique number
assigned by
[[Page 1640]]
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. Premises identification numbers issued on or
after [Insert effective date of final rule] shall consist of 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.
* * * * *
3. In Sec. 71.19, paragraph (b)(7) is revised to read as follows:
Sec. 71.19 Identification of swine in interstate commerce.
* * * * *
(b) * * *
(7) For adult swine moving directly to slaughter, an eartag bearing
the premises identification number assigned by the State animal health
official to the premises on which the swine originated, provided the
eartag has been approved by APHIS and, beginning [Insert date 1 year
after effective date of final rule], bears the U.S. shield. For feeder
swine, an eartag or tattoo bearing the premises identification number
assigned by the State animal health official to the premises on which
the swine originated; and
* * * * *
4. Section 71.22 is revised to read as follows:
Sec. 71.22 Removal and loss of official identification devices.
Official identification devices are intended to provide permanent
identification of livestock and to ensure the ability to find the
source of animal disease outbreaks. Removal of these devices, including
devices applied to imported animals in their countries of origin and
recognized by the Administrator as official, is prohibited except at
the time of slaughter; at other points of termination, such as
rendering facilities or diagnostic laboratories; in compliance with
Food Safety and Inspection Service regulations regarding the collection
of all manmade identification and the correlation of such with
carcasses through final inspection; or as otherwise authorized by the
Administrator. If an official identification device is lost and it is
necessary to retag an animal with a new official number, every effort
should be made to correlate the new official number with the previous
official number of the animal. Official identification devices are not
to be sold or otherwise transferred from the premises to which they
were originally issued to another premises without authorization by
APHIS.
PART 77--TUBERCULOSIS
5. 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.
6. Section 77.2 is amended by revising the definitions of animal
identification number (AIN), official eartag, and premises
identification number (PIN) and adding definitions of Animal
Identification Number Management System (AINMS) and National Uniform
Eartagging System in alphabetical order 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. Only the AIN beginning
with the 840 prefix will be recognized as official for use on AIN tags
applied to animals on or after [Insert date 1 year after effective date
of final rule].
Animal Identification Number Management System (AINMS). A Web-based
system maintained by APHIS to keep records of authorized AIN devices,
the allocation of AINs to authorized manufacturers of AIN devices, the
distribution of AIN devices to premises, and the termination of AIN
tags. The AINMS may also be used for tracking the disposition of other
official identification devices.
* * * * *
National Uniform Eartagging System. A numbering system for the
official identification of individual animals in the United States
providing a nationally unique identification number for each animal.
The National Uniform Eartagging System employs an eight-or nine-
character alphanumeric format, consisting of a two-number State or
territory code, followed by two or three letters and four additional
numbers. Official APHIS disease control programs may specify which
format to employ.
Official eartag. An identification tag approved by APHIS to provide
unique identification for individual animals. Beginning [Insert date 1
year after effective date of final rule], all official eartags applied
to animals 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. All official eartags used in Federal disease programs
must be correlated with the premises identification number of the
premises to which they are issued using the Animal Identification
Number Management System (AINMS) or other recordkeeping systems
approved by the Administrator. Numbers applied to official eartags must
adhere to one of the following numbering systems:
(1) National Uniform Eartagging System. The tuberculosis program
requires the use of the nine-character format for cattle and bison.
(2) Animal identification number (AIN). AIN eartags attached to any
animals on or after [Insert date 1 year after effective date of final
rule] must display an AIN with an 840 prefix. These numbers must be
correlated with the premises identification number of the premises to
which they are issued using the AINMS.
(3) Premises-based number system. The premises-based number system
combines a 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. Official eartags using a
premises-based numbering system that are issued on or after [Insert
date 1 year after effective date of final rule] must employ the seven-
character alphanumeric PIN format.
(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
[[Page 1641]]
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. Premises identification numbers issued on or
after [Insert effective date of final rule] shall consist of 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
7. 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.
8. Section 78.1 is amended by revising the definitions of animal
identification number (AIN), official eartag, and official
identification device or method and adding definitions of Animal
Identification Number Management System (AINMS) and National Uniform
Eartagging System in alphabetical order 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. Only the AIN beginning
with the 840 prefix will be recognized as official for use on AIN tags
applied to animals on or after [Insert date 1 year after effective date
of final rule].
Animal Identification Number Management System (AINMS). A Web-based
system maintained by APHIS to keep records of authorized AIN devices,
the allocation of AINs to authorized manufacturers of AIN devices, the
distribution of AIN devices to premises, and the termination of AIN
tags. The AINMS may also be used for tracking the disposition of other
official identification devices.
* * * * *
National Uniform Eartagging System. A numbering system for the
official identification of individual animals in the United States
providing a nationally unique identification number for each animal.
The National Uniform Eartagging System employs an eight-or nine-
character alphanumeric format, consisting of a two-number State or
territory code, followed by two or three letters and four additional
numbers. Official APHIS disease control programs may specify which
format to employ.
* * * * *
Official eartag. An identification tag approved by APHIS to provide
unique identification for individual animals. Beginning [Insert date 1
year after effective date of final rule], all official eartags applied
to animals 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. All official eartags used in Federal disease programs
must be correlated with the premises identification number of the
premises to which they are issued using the Animal Identification
Number Management System (AINMS) or other recordkeeping systems
approved by the Administrator. Numbers applied to official eartags must
adhere to one of the following numbering systems:
(1) National Uniform Eartagging System. The brucellosis program
requires the use of the nine-character format for cattle.
(2) Animal identification number (AIN). AIN eartags attached to any
animals on or after [Insert date 1 year after effective date of final
rule] must display an AIN with an 840 prefix. These numbers must be
correlated with the premises identification number of the premises to
which they are issued using the AINMS.
(3) 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. Official
eartags using a premises-based numbering system that are issued on or
after [Insert date 1 year after effective date of final rule] must
employ the seven-character alphanumeric PIN format.
(4) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority. The U.S.
shield is reserved only for use on official identification devices
approved by APHIS and may not be used on any other devices.
* * * * *
PART 79--SCRAPIE IN SHEEP AND GOATS
9. 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.
10. Section 79.1 is amended by revising the definitions of animal
identification number (AIN), official eartag, official identification
device or method, and premises identification number (PIN) and adding
definitions of Animal Identification Number Management System (AINMS)
and flock identification number (FIN) in alphabetical order to read as
follows:
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. Only the AIN beginning
with the 840 prefix will be recognized as official for use on AIN tags
applied to animals on or after [Insert date 1 year after effective date
of final rule].
Animal Identification Number Management System (AINMS). A Web-based
system maintained by APHIS to keep records of authorized AIN devices,
the allocation of AINs to authorized manufacturers of AIN devices, the
distribution of AIN devices to premises, and the termination of AIN
tags. The AINMS may also be used for tracking the disposition of other
official identification devices.
* * * * *
Flock identification number (FIN). A nationally unique number
assigned by a State or Federal animal health authority to a group of
animals that are managed as a unit on one or more premises and
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are under the same ownership. The FIN must begin with the State postal
abbreviation, must have no more than nine alphanumeric characters, and
must not contain the letters ``I,'' ``O,'' or ``Q'' other than as part
of the State postal abbreviation. FINs will be linked in the National
Scrapie Database to one or more premises identification numbers and may
be used in conjunction with an animal number unique within the flock to
provide a unique official identification number for an animal, or may
be used in conjunction with the date and a sequence number to provide a
group/lot identification number for a group of animals when group
identification is permitted.
* * * * *
Official eartag. An identification tag approved for use on sheep
and/or goats by APHIS in accordance with Sec. 79.2(f). Beginning
[Insert date 1 year after effective date of final rule], all official
eartags applied to animals 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. Numbers to be applied to official
eartags for sheep and goats must be correlated with the corresponding
premises identification number and, where applicable, flock
identification number in the National Scrapie Database. The numbers
must adhere to one of the following numbering systems:
(1) Animal identification number (AIN). AIN eartags attached to any
animals on or after [Insert date 1 year after effective date of final
rule] must display an AIN with an 840 prefix. These numbers must be
correlated with the premises identification number of the premises to
which they are issued using the Animal Identification Number Management
System (AINMS) and, if applicable, the flock identification number in
the National Scrapie Database.
(2) Premises-based number system. The premises-based number system
combines a 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 and be distinct on the official tag. PINs or
production numbers that contain the letters ``I'' or ``O'' may not be
used as the primary identifier on official sheep or goat eartags.
Official eartags using a premises-based numbering system that are
issued on or after [Insert date 1 year after effective date of final
rule] must employ the seven-character alphanumeric PIN format.
(3) A flock identification number (FIN), as defined in this
section, is used in conjunction with a producer's livestock production
numbering system to provide a unique identification number. The FIN and
the production number must both appear and be distinct on the official
tag and may not include the letters ``I,'' ``O,'' or ``Q'' other than
as part of a State postal abbreviation. The FIN must be correlated in
the National Scrapie Database with one or more PINs.
(4) A unique eight-character number composed of the State postal
abbreviation followed by two alphanumeric characters (not including the
letters ``I,'' ``O,'' or ``Q'') and four numbers.
(5) Any other numbering system approved by the Administrator for
the identification of sheep and goats in commerce.
* * * * *
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority. The U.S.
shield is reserved only for use on official identification devices
approved by APHIS and may not be used on any other devices.
* * * * *
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. Premises identification numbers issued on or
after [Insert effective date of final rule] shall consist of 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
11. 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.
12. Section 80.1 is amended by revising the definitions of animal
identification number (AIN), official eartag, and premises
identification number (PIN) and adding definitions of Animal
Identification Number Management System (AINMS), Flock Identification
Number (FIN), and National