Livestock Marketing Facilities, 6-13 [2014-30752]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Proposed Rules]
[Pages 6-13]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30752]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / 
Proposed Rules

[[Page 6]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 51, 71, 75, 78, 85, and 86

[Docket No. APHIS-2014-0018]
RIN 0579-AE02


Livestock Marketing Facilities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing approval 
of facilities that receive livestock moved in interstate commerce. We 
are also proposing several amendments to the conditions under which 
livestock may move to such facilities without official identification 
or prior issuance of an interstate certificate of veterinary inspection 
or alternative documentation. These changes are necessary to update the 
regulations governing livestock marketing facilities, while also 
helping ensure animal disease traceability of livestock that are moved 
in interstate commerce to such facilities.

DATES: We will consider all comments that we receive on or before March 
3, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0018.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0018, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0018 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, Program 
Manager, Animal Disease Traceability, VS, APHIS, 4700 River Road Unit 
200, Riverdale, MD 20737-1236; (301) 851-3539.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 9 CFR subchapter B contain requirements 
governing Cooperative State-Federal programs for the control or 
eradication of diseases of livestock. The regulations in 9 CFR 
subchapter C contain requirements for the interstate movement of 
livestock to prevent the dissemination of diseases of livestock within 
the United States. In the remainder of this document, we refer to these 
two subchapters collectively as ``the regulations.''
    The regulations in 9 CFR part 71, ``General provisions,'' contain 
general requirements regarding the movement of livestock in interstate 
commerce within the United States. Section 71.20, ``Approval of 
livestock facilities,'' provides that the Animal and Plant Health 
Inspection Service (APHIS) of the United States Department of 
Agriculture (USDA) may approve a livestock facility to receive 
livestock that are moved interstate under conditions that are afforded 
only to such approved facilities. As a general condition for approval 
of a facility, the person legally responsible for the day-to-day 
operations of the livestock facility must execute an agreement with 
APHIS regarding the manner in which the facility will operate, if 
approved. The provisions of the agreement are set forth in the 
regulations.
    However, the agreement set forth in Sec.  71.20 is antiquated, and 
thus contains provisions that were necessary when diseases of livestock 
were more prevalent in the United States, but that currently rarely 
come into play during the day-to-day operations of a particular 
facility. We have therefore evaluated the agreement in order to 
determine which provisions are still necessary.
    The regulations in 9 CFR part 86, ``Animal Disease Traceability,'' 
provide minimum national official identification and recordkeeping 
requirements for the traceability of livestock moving interstate.
    Section 86.4 provides the official identification devices and 
methods that the Administrator of APHIS has approved for various 
species of livestock moving interstate, and generally requires 
livestock to be officially identified prior to moving interstate.
    The section also provides a number of exemptions from this general 
requirement. One of these exemptions, found in paragraph (b)(1)(ii) of 
the section, allows cattle and bison to be moved interstate without 
official identification if they are moved directly to no more than one 
approved livestock marketing facility \1\ and then directly to a 
recognized slaughtering establishment and additionally if they are 
moved interstate with a USDA-approved backtag or a USDA-approved 
backtag is applied to them at the approved livestock marketing facility 
or the recognized slaughtering establishment.
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    \1\ The section currently refers to such facilities as 
``approved livestock facilities.'' However, for reasons that we 
discuss later in this document, we are proposing to revise this term 
to ``approved livestock marketing facilities.'' For the sake of 
consistency, we refer to the facilities as approved livestock 
marketing facilities throughout this document.
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    Section 86.5 provides general documentation requirements for 
livestock moving interstate. The section provides, as a general 
requirement, that livestock leaving a premises for interstate movement 
must be accompanied by an interstate certificate of veterinary 
inspection (ICVI).
    The section also provides a number of exemptions from this general 
requirement. One of these exemptions, found in paragraph (c)(1) of the 
section, allows cattle and bison to be moved without an ICVI if they 
are moved directly to an approved livestock marketing facility and then 
directly to a recognized slaughtering facility and are accompanied by 
an owner-shipper statement. Another exemption, found in paragraph 
(c)(2), allows cattle and bison to be moved without an ICVI if they are 
moved directly to an approved livestock marketing facility under an 
owner-shipper statement and are not subsequently moved interstate from 
the facility unless accompanied by an ICVI. We have received several 
requests to

[[Page 7]]

reconsider or clarify aspects of the exemptions.
    We are proposing to make a number of changes to the regulations. 
Below, we discuss the changes that we are proposing to make, by topic.

Approved Livestock Marketing Facilities

    Currently, the regulations refer, in various instances, to 
``approved livestock facilities,'' ``approved stockyards,'' and 
``specifically approved stockyards'' in order to describe livestock 
facilities that have been approved in accordance with Sec.  71.20. We 
are proposing to replace all such references with the term ``approved 
livestock marketing facilities.'' Similarly, we are proposing to 
replace all references in the regulations to ``livestock facilities'' 
with ``livestock marketing facilities.'' We believe the term 
``livestock marketing facility'' appropriately describes a variety of 
different facilities, such as stockyards, auction barns, and buying 
stations, that share the common distinction of being locations where 
livestock moving in interstate commerce are marketed. We also believe 
the term helps differentiate livestock marketing facilities from other 
locations, such as slaughtering facilities and quarantine lots, that 
receive livestock moved in interstate commerce but that do not market 
such animals. Finally, it would also differentiate livestock marketing 
facilities from private production facilities, such as feed lots, 
dairies, farms, and ranches.

Proposed Revisions to Part 71

    We are proposing to revise Sec.  71.20. Paragraph (a) of Sec.  
71.20 would contain requirements that apply to all livestock marketing 
facilities regardless of whether they have sought APHIS approval. All 
livestock marketing facilities would have to allow APHIS or State 
representatives to collect blood samples, conduct testing, and carry 
out operations and measures at the facilities in order to detect, 
control, and eradicate diseases and pests of livestock. In order to 
carry out these operations and measures, APHIS or State representatives 
could request records and receipts retained by the facilities that 
pertain to these disease and pest detection, control, and eradication 
efforts, and the facilities would have to provide any records or 
receipts so requested. Additionally, all livestock marketing facilities 
would have to maintain a record of the receipt, distribution, and 
application of all official identification devices and USDA-approved 
backtags at the facility.
    Under section 8308 of the Animal Health Protection Act (AHPA, 7 
U.S.C. 8301 et seq.), APHIS may carry out operations and measures to 
detect, control, or eradicate any pest or disease of livestock, 
including the drawing of blood and diagnostic testing of animals at 
points of livestock concentration. Paragraph (a) of Sec.  71.20 would, 
in part, restate this statutory authority.
    When APHIS exercises this authority at a livestock marketing 
facility in order to respond to disease or pest outbreaks, it is 
usually in order to trace known or potentially infected or infested 
animals forward or back through their chain of production and determine 
what other animals may have commingled with the animals under 
investigation. In order to do that, APHIS reviews records of official 
identification devices and USDA-approved backtags applied to livestock 
at a marketing facility, as well as other records retained by the 
facility as part of common business practices. To the extent that these 
records are incomplete, or the facility delays in sharing them with 
APHIS, the possibility of an incomplete trace--and, commensurately, the 
likelihood of disease or pest spread--increases. Thus it is necessary 
to require facilities to maintain for a 5 year period a record of the 
receipt, distribution, and application of all official identification 
devices and USDA-approved backtags at the facility, and to provide 
these and any other receipts or records that pertain to disease or pest 
detection, control, or eradication efforts to APHIS or State officials 
working in cooperation with APHIS, when requested.
    Proposed paragraph (b) of Sec.  71.20 would contain our approval 
process for livestock marketing facilities. Similar to the existing 
requirements for livestock facilities, to qualify for approval by APHIS 
as an approved livestock marketing facility and to retain such 
designation, the individual legally responsible for the day-to-day 
operations of the facility, or his or her agent, would have to execute 
an agreement with APHIS. At the discretion of APHIS, a State animal 
health official could also be a cosignatory on the agreement.
    We would allow the individual legally responsible for the day-to-
day operations of the facility to authorize an agent to execute the 
agreement in case the individual would prefer that his or her legal 
counsel review and execute the agreement on his or her behalf. We would 
allow a State animal health official to be a cosignatory on the 
agreement in order to codify a longstanding operational practice that 
we instituted out of recognition of the degree of oversight that State 
animal health authorities exercise over such facilities.
    We are proposing to remove the terms of the agreement from the 
regulations. Instead, the terms would be contained in a document titled 
the ``Approved Livestock Marketing Facility Agreement.'' The Approved 
Livestock Marketing Facility Agreement, a draft of which we are making 
available for review as a supporting document for this proposed rule, 
would be added to the Animal Disease Traceability General Standards, 
found at https://www.aphis.usda.gov/traceability/downloads/ADT_standards.pdf, as an appendix if this proposed rule is finalized. 
It could also be obtained by writing to APHIS Veterinary Services (VS) 
headquarters or calling a district APHIS VS office.
    We are proposing to add a definition of Approved Livestock 
Marketing Facility Agreement to Sec.  71.1, which contains definitions 
of the terms used in the general provisions regulations. We would 
define Approved Livestock Marketing Facility Agreement as an agreement 
between a livestock marketing facility and APHIS that is executed in 
accordance with Sec.  71.20, in which the facility agrees to adhere to 
the structural and procedural standards specified within the agreement.
    The Approved Livestock Marketing Facility Agreement would be 
similar in structure and content to the existing agreement in Sec.  
71.20, with a few substantive revisions:
     We would remove a requirement that an accredited 
veterinarian, State representative, or APHIS representative must be on 
the premises at all times on sale days to perform duties in accordance 
with State and Federal regulations.
     In its place, we would add a requirement specifying that 
the facility must allow Federal and State representatives to perform 
duties at the facility in accordance with Federal and State 
regulations, as requested, and requirements specifying that accredited 
veterinarians must be available (either physically present or on-call) 
on sale days in order to provide any inspection of livestock that is 
required by the regulations before the animals leave the facility and 
to issue ICVIs, as necessary.
     We would add a provision specifying that APHIS or the 
State will inspect each approved facility at least twice yearly.
    We are proposing to remove the requirement that an accredited 
veterinarian, State representative, or APHIS representative must be on 
the premises at all times on sale days to perform duties in accordance 
with State

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and Federal regulations because it has presented logistical problems in 
recent years at some facilities.
    When this requirement was established, diseases of livestock were 
more prevalent in the United States. For this reason, livestock 
marketing facilities were more likely to receive animals that posed a 
high risk of spreading diseases of livestock. For example, it was 
common enough for such facilities to receive cattle that were 
potentially infected with brucellosis that APHIS' cooperative Federal-
State brucellosis eradication program required first-point testing of 
all susceptible cattle that entered a livestock marketing facility. 
Therefore, at the time, it was necessary for a Federal or State 
representative or accredited veterinarian to be present at the facility 
on all sale days in order to conduct this required testing and to 
ensure that any high-risk animals that entered the facility were 
adequately isolated from other livestock at the facility.
    The prevalence of Program diseases has decreased significantly 
since that time. The brucellosis eradication program no longer requires 
first-point testing of cattle that enter livestock marketing 
facilities, and it is rare that livestock marketing facilities receive 
cattle or bison that are potentially infected with brucellosis or other 
high-risk animals. Accordingly, the primary function that Federal and 
State representatives and accredited veterinarians currently fulfill at 
livestock marketing facilities is issuing ICVIs for livestock that will 
be moved interstate from the facility. Additionally, while the current 
regulations provide that Federal or State representatives may issue 
such ICVIs, in recent years, accredited veterinarians have issued the 
vast preponderance of such ICVIs.
    Depending on what classes of animals are sold, how many are sold, 
and to whom they are sold, only a few ICVIs may need to be issued at a 
livestock marketing facility on a sale day. Thus, requiring an 
accredited veterinarian to be present at the facility all day on every 
sale day could represent an inefficient use of that veterinarian's 
services.
    However, we recognize that, if certain classes of livestock arrive 
at an approved livestock marketing facility without an accompanying 
ICVI and will move interstate from the facility, an ICVI may need to be 
issued before the livestock leave the facility after sale. Thus, we are 
proposing to require that all approved livestock marketing facilities 
must have an accredited veterinarian available (either physically 
present or on-call) on sale days in order to provide inspection of 
livestock before the animals leave the facility and to issue ICVIs, as 
necessary.
    In the event that Federal or State personnel require access to the 
facility in order to perform duties at the facility in accordance with 
Federal and State regulations, the facility would have to provide such 
access. Similarly, APHIS or the State would inspect approved facilities 
at least twice a year in order to ensure that the facility continues to 
operate in accordance with the agreement. The results of such 
inspections would factor into any decision to withdraw approval of the 
facility.
    Currently, Sec.  71.20 contains provisions regarding the denial of 
approval of a facility. Our proposed revision to Sec.  71.20 would 
modify these provisions. The provisions are currently written in a 
manner which could be interpreted to provide that APHIS will enter into 
an agreement with a livestock marketing facility prior to evaluating 
the facility's ability to operate in accordance with the agreement. 
Practically speaking, however, we do not enter into such an agreement 
unless we have evaluated the facility's ability to adhere to the 
agreement.
    We would retain, with non-substantive editorial changes, the 
provisions of Sec.  71.20 that pertain to withdrawal of approval for a 
livestock facility. We would also retain the provisions that pertain to 
a facility's ability to appeal denial or withdrawal of approval.
    We would, however, remove provisions allowing a hearing to be held 
in certain instances if approval is denied or withdrawn. We would do so 
in order to reflect current Agency practices. This does not mean that 
facilities would lose the ability to appeal APHIS' decisions, but 
rather that the appeal would be made in writing to the Agency itself 
rather than submitting an appeal through a hearing process.

Proposed Revisions to Part 86

Meaning of ``No More Than One''
    As we mentioned earlier in this document, Sec.  86.4 generally 
requires livestock to be officially identified prior to moving 
interstate. As we also mentioned, paragraph (b)(1)(ii) of the section 
allows cattle and bison to be moved interstate without official 
identification, if they are moved directly to no more than one approved 
livestock marketing facility and then directly to a recognized 
slaughtering establishment and additionally if they are moved 
interstate with a USDA-approved backtag or a USDA-approved backtag is 
applied to them at the approved livestock marketing facility or the 
recognized slaughtering establishment.
    Producers, market managers, and State animal health officials have 
asked us to clarify the meaning of the phrase ``no more than one'' 
approved livestock marketing facility in this paragraph of the 
regulations. In particular, they have asked whether this exemption 
pertains solely to interstate movement, and whether cattle and bison 
may move intrastate to a livestock marketing facility and then 
interstate to another livestock marketing facility under this 
exemption.
    In response to this request from stakeholders to clarify the intent 
of the phrase, we are proposing to revise paragraph (b)(1)(ii) of Sec.  
86.4 to provide that the exemption pertains only to cattle and bison 
moved interstate from their farm of origin to an approved livestock 
marketing facility. We are proposing to define farm of origin in Sec.  
86.1 as ``any farm where livestock are produced, or any farm on which 
they are maintained for at least 4 consecutive months prior to 
interstate movement.''
    We are proposing this clarification because the exemption in 
paragraph (b)(1)(ii) is appropriate only for movement directly from the 
farm of origin. If cattle and bison have moved from their farm of 
origin intrastate--especially if they have been commingled with animals 
from different premises after leaving their farm--and are subsequently 
discovered to be affected with a disease or infested with a pest of 
livestock after inspection or testing at an approved livestock 
marketing facility, it is very difficult to conduct thorough and timely 
trace-back procedures unless the cattle or bison are officially 
identified.
Meaning of ``Directly To An Approved Livestock Marketing Facility''
    Section 86.5 generally requires that livestock leaving a premises 
for interstate movement must be accompanied by an ICVI. However, 
paragraph (c)(1) of the section allows cattle and bison to be moved 
without an ICVI if they are moved directly to an approved livestock 
marketing facility and then directly to a recognized slaughtering 
facility, and are accompanied by an owner-shipper statement. Similarly, 
paragraph (c)(2) of the section allows cattle and bison to be moved 
without an ICVI if they are moved directly to an approved livestock 
marketing facility under an owner-shipper statement and do not move 
interstate from the facility unless accompanied by an ICVI.

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    To more clearly state the intent of the regulation, we are 
proposing to amend paragraphs (c)(1) and (c)(2) of Sec.  86.5 to 
provide that the exemption pertains only to cattle and bison moved 
interstate from their farm of origin to an approved livestock marketing 
facility.
    We are proposing the clarification because the exemptions are 
appropriate only for such movements. If cattle or bison have been 
commingled with animals from different premises, there is a higher risk 
of disease introduction and a correspondingly higher risk that the 
interstate movement of the cattle or bison may contribute to the spread 
of diseases of livestock. Accordingly, we believe that it is necessary 
that such animals be accompanied by an ICVI in order to have assurances 
about their health status.
    Regarding the exemption in paragraph (c)(2) of Sec.  86.5 that 
allows cattle and bison to be moved without an ICVI if they are moved 
directly to an approved livestock marketing facility with an owner-
shipper statement and are not moved interstate from the facility unless 
accompanied by an ICVI, producers and State animal health officials 
have stated that, pursuant to Sec.  71.20, approved livestock marketing 
facilities are required to record and maintain most of the information 
that is contained on an owner-shipper statement for all livestock that 
enter the facility. They have also stated that, operationally, 
livestock markets often record information equivalent to that contained 
on an owner-shipper statement. In such instances, producers and State 
animal health officials have asked whether the records could be used in 
lieu of an owner-shipper statement.
    After reviewing the relevant provisions of the agreement in Sec.  
71.20 and how they have been implemented operationally, we agree with 
producers and State animal health officials that the information 
maintained by approved livestock marketing facilities for all livestock 
that enter the facility often includes all categories of information 
that are required on an owner-shipper statement. Thus, we are proposing 
to allow cattle and bison to be moved interstate to an approved 
livestock marketing facility without an accompanying owner-shipper 
statement, provided a State animal health official has waived the need 
for the owner-shipper statement and all of the information required for 
an owner-shipper statement is recorded as soon as the cattle or bison 
are offloaded at the approved livestock marketing facility and this 
record is maintained in accordance with the record retention 
requirements located in Sec.  86.3.

Application of USDA-Approved Backtags

    Finally, we have received several requests to amend the 
traceability regulations to specify where USDA-approved backtags must 
be applied on cattle and bison. (Section 71.18 had contained such 
information; however, the final rule that established the traceability 
regulations removed these provisions from the regulations.) Some 
requests have suggested that we amend the traceability regulations to 
require that the backtags be applied behind the shoulders of the cattle 
or bison. They have stated that this facilitates removing the backtags 
more efficiently at slaughter, when the cattle or bison are suspended 
from their hind legs. Others have stated that it is easier to apply the 
tags closer to the hip, and that retention rates are generally higher 
in that location, and have asked us to amend the traceability 
regulations accordingly.
    We can see a rationale for both placements, and therefore request 
public comment regarding whether we should amend the regulations to 
specify a location for placing the backtags, and, if so, where it 
should be. We also request public comment whether, instead of a 
regulatory requirement, preferred placement of the tags should be a 
guideline or recommendation within the Animal Disease Traceability 
General Standards.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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 summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    We are proposing to amend the regulations governing approval of 
facilities that receive livestock moved in interstate commerce. We are 
also proposing several amendments to the conditions under which 
livestock may move to such facilities without official identification 
or prior issuance of an interstate certificate of veterinary inspection 
or alternative documentation. These changes are necessary to update the 
regulations governing livestock marketing facilities, while also 
helping ensure animal disease traceability of livestock that are moved 
in interstate commerce to such facilities.
    APHIS expects the cattle industry would be the livestock sector 
principally affected by this rule. Livestock marketing facilities would 
be directly affected and certain cattle production enterprises that 
move cattle interstate may also be affected.
    Most livestock marketing facilities qualify as small according to 
Small Business Administration guidelines. Most cattle enterprises are 
small family farms. As is true for other cattle operations, incremental 
costs of the rule for these facilities will depend on current routine 
management practices, and whether the enterprise is already receiving 
cattle interstate.
    Livestock marketing facilities could experience cost savings as a 
result of the proposed rule. We are proposing to remove the requirement 
that an accredited veterinarian, State representative, or APHIS 
representative must be on the premises at all times on sale days to 
perform duties in accordance with State and Federal regulations.
    In recent years, this role has most often been fulfilled by 
accredited veterinarians. The Bureau of Labor Statistics (BLS) reported 
that veterinarians earned a median wage of $40.61 per hour in 2012. 
This likely overestimates the median wages of large animal 
veterinarians, however BLS statistics do not specify wages by type of 
veterinary practice.
    The proposed rule would relax the requirement to have an accredited 
veterinarian present. We are proposing to require that the facility 
must allow Federal and State representative to perform their duties as 
requested and that all approved livestock marketing facilities must 
have an accredited veterinarian available (either physically present or 
on-call) on sale days in order to provide inspection of livestock 
before

[[Page 10]]

the animals leave the facility and to issue ICVIs, as necessary.
    Livestock producers also may benefit from the proposed rule. APHIS 
is proposing to allow cattle and bison to be moved interstate to an 
approved livestock marketing facility without an accompanying owner-
shipper statement, provided a State animal health official has waived 
the need for the owner-shipper statement and all of the information 
required for an owner-shipper statement is recorded as soon as the 
cattle or bison are offloaded at the approved livestock marketing 
facility and this record is maintained in accordance with the record 
retention requirements of the regulations. As this provision reduces 
documentation and recordkeeping requirements, we anticipate that any 
economic effect on producers would be beneficial.

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 adopted, this rule: (1) Would preempt State 
and local laws and regulations that are in conflict with this rule, as 
provided in Sec.  86.8; (2) would have no retroactive effect; and (3) 
would not require administrative proceedings before parties may file 
suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no 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 51

    Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and 
recordkeeping requirements.

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 75

    Animal diseases, Horses, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

9 CFR Part 85

    Animal diseases, Livestock, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

9 CFR Part 86

    Animal diseases, Bison, Cattle, Interstate movement, Livestock, 
Official identification, Reporting and recordkeeping requirements, 
Traceability.

    Accordingly, we propose to amend 9 CFR parts 51, 71, 75, 78, 85, 
and 86 as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
2. Section 51.1 is amended by adding, in alphabetical order, a 
definition of Approved livestock marketing facility and by removing the 
definition of Specifically approved stockyard.
    The addition reads as follows:


Sec.  51.1  Definitions.

* * * * *
    Approved livestock marketing facility. A stockyard, livestock 
market, buying station, concentration point, or any other premises 
under State or Federal veterinary supervision where livestock are 
assembled and that has been approved under Sec.  71.20 of this chapter.
* * * * *


Sec.  51.3  [Amended]

0
3. In Sec.  51.3, footnotes 3 and 4 are redesignated as footnotes 2 and 
3, respectively.


Sec.  51.6  [Amended]

0
4. Section 51.6 is amended as follows:
0
a. In paragraph (a), the words ``a specifically approved stockyard'' 
are removed and the words ``an approved livestock marketing facility'' 
are added in their place, and in paragraph (b), the words ``a stockyard 
approved by the Administrator'' are removed and the words ``an approved 
livestock marketing facility'' are added in their place.
0
b. Footnote 5 is redesignated as footnote 4.


Sec.  51.29  [Amended]

0
5. In Sec.  51.29, in paragraph (a)(2), the words ``approved 
stockyard'' are removed and the words ``approved livestock marketing 
facility'' are added in their place.

PART 71--GENERAL PROVISIONS

0
6. The authority citation for part 71 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
7. Section 71.1 is amended as follows:
0
a. The definition of Approved livestock facility is removed;
0
b. The definitions of Approved livestock marketing facility and 
Approved Livestock Marketing Facility Agreement are added in 
alphabetical order;
0
c. The definition of Livestock market is removed;
0
d. The definition of Livestock marketing facility is added in 
alphabetical order; and
0
e. In the definition of Swine production system, the word ``markets'' 
is removed and the words ``marketing facilities'' are added in its 
place.
    The additions read as follows:


Sec.  71.1  Definitions.

* * * * *
    Approved livestock marketing facility. A stockyard, livestock 
market, buying station, concentration point, or any other premises 
under State or Federal veterinary supervision where livestock are 
assembled and that has been approved under Sec.  71.20.
    Approved Livestock Marketing Facility Agreement. An agreement 
between a livestock marketing facility and APHIS that is executed in 
accordance with Sec.  71.20, in which the facility agrees to adhere to 
the structural and procedural standards specified within the agreement.
* * * * *
    Livestock marketing facility. A stockyard, buying station, 
concentration point, or any other premises where livestock are 
assembled for sale or sale purposes.
* * * * *


Sec.  71.19  [Amended]

0
8. In Sec.  71.19, in paragraph (a)(1)(ii) and paragraph (g) 
introductory text, the words ``livestock market'' are removed and the 
words ``livestock marketing facility'' are added in their place.
0
9. Section 71.20 is revised to read as follows:


Sec.  71.20  Livestock marketing facilities.

    (a) Livestock marketing facilities; general requirements. All 
livestock marketing facilities (even those not approved by APHIS) must 
allow APHIS or State representatives to collect blood

[[Page 11]]

samples, conduct testing, and carry out operations and measures at the 
facilities in order to detect, control, and eradicate diseases and 
pests of livestock. In order to carry out these operations and 
measures, APHIS or State representatives may request records and 
receipts retained by the facilities that pertain to these disease or 
pest detection, control, and eradication efforts, and facilities must 
provide any records or receipts so requested. All livestock marketing 
facilities must maintain for a 5 year period a record of the receipt, 
distribution, and application of all official identification devices 
and USDA-approved backtags at the facility.
    (b) Approved livestock marketing facilities--(1) Approval. To 
qualify for approval by APHIS as an approved livestock marketing 
facility and to retain such designation, the individual legally 
responsible for the day-to-day operations of the facility must operate 
in accordance with the Approved Livestock Marketing Facility Agreement. 
The Approved Livestock Marketing Facility Agreement is provided in the 
Animal Disease Traceability General Standards, found at https://www.aphis.usda.gov/traceability/downloads/ADT_standards.pdf. It may 
also be obtained by writing to APHIS Veterinary Services, 4700 River 
Road Unit 200, Riverdale, MD 20737-1231, or by calling a district APHIS 
Veterinary Services office, phone numbers for which are provided in 
local telephone directories. The Agreement must be executed by the 
individual or his or her agent and APHIS. At the discretion of APHIS, a 
State animal health official may also be a cosignatory on the 
agreement. While a facility is an approved livestock marketing 
facility, the provisions in this chapter pertaining to approved 
livestock marketing facilities apply to the facility.
    (2) Denial of approval. The Administrator may deny approval of a 
livestock marketing facility if he or she determines that the facility 
is not maintained or will not be maintained in accordance with the 
Approved Livestock Marketing Facility Agreement.
    (3) Withdrawal of approval. The Administrator may withdraw approval 
of a livestock marketing facility if:
    (i) The individual legally responsible for the day-to-day 
operations of the facility, or his or her agent, notifies the 
Administrator, in writing, that the facility no longer handles 
livestock moved interstate under this chapter;
    (ii) The individual who executed the Approved Livestock Marketing 
Facility Agreement pursuant to paragraph (b)(1) of this section is no 
longer legally responsible for the day-to-day operations of the 
facility; or
    (iii) The Administrator determines that the livestock facility is 
or has not been maintained and operated in accordance with the Approved 
Livestock Marketing Facility Agreement executed pursuant to paragraph 
(b)(1) of this section.
    (4) Appeal. The individual legally responsible for the day-to-day 
operations of the facility or his or her agent will be notified by 
APHIS of the reasons for any denial or withdrawal, and may appeal the 
denial or withdrawal in writing to APHIS within 10 days of such 
notification. The appeal must include all of the facts and reasons on 
which the facility relies to show that the reasons for the denial or 
withdrawal are incorrect or do not support denial or withdrawal of 
approval. APHIS will grant or deny the appeal in writing as promptly as 
circumstances permit, stating the reason for the decision.
    (Approved by the Office of Management and Budget under control 
numbers 0579-0258 and 0579-0342)


Sec.  71.21  [Amended]

0
10. In Sec.  71.21, footnotes 8 and 9 are redesignated as footnotes 1 
and 2.

PART 75--COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND 
ZEBRAS

0
11. The authority citation for part 75 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
12. Section 75.4 is amended as follows:
0
a. In paragraph (a), the definition of Approved stockyard is removed 
and a definition of Approved livestock marketing facility is added in 
alphabetical order;
0
b. In paragraph (a), in the definition of Operator, the words 
``specifically approved stockyard'' are removed and the words 
``approved livestock marketing facility'' are added in their place; and
0
c. In paragraph (b)(4) introductory text, the words ``approved 
stockyard'' are removed each time they appear and the words ``approved 
livestock marketing facility'' are added in their place.
    The addition reads as follows:


Sec.  75.4  Interstate movement of equine infectious anemia reactors 
and approval of laboratories, diagnostic facilities, and research 
facilities.

    (a) * * *
    Approved livestock marketing facility. A stockyard, livestock 
market, buying station, concentration point, or any other premises 
under State or Federal veterinary supervision where livestock are 
assembled and that has been approved under Sec.  71.20 of this chapter.
* * * * *

PART 78--BRUCELLOSIS

0
13. The authority citation for part 78 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
14. Section 78.1 is amended as follows:
0
a. The term Approved livestock marketing facility is added to the list 
of defined terms and a definition of Approved livestock marketing 
facility is added to the section in alphabetical order;
0
b. In the definition of Official test, the words ``specifically 
approved stockyards'' are removed each time they appear and the words 
``approved livestock marketing facilities'' are added in their place, 
once at paragraph (a)(1)(i)(C) introductory text, twice at paragraph 
(a)(1)(i)(C)(1), and once at paragraph (a)(7);
0
c. In the definition of Originate, in paragraph (c), the words ``a 
specifically approved stockyard'' are removed and the words ``an 
approved livestock marketing facility'' are added in their place;
0
d. In the definition of Quarantined feedlot, in paragraph (a), the 
words ``a specifically approved stockyard'' are removed both times they 
appear and the words ``an approved livestock marketing facility'' are 
added in their place at paragraphs (a)(4) and (5); and
0
e. The term Specifically approved stockyard is removed from the list of 
defined terms, the definition of Specifically approved stockyard is 
removed from the section.
    The addition reads as follows:


Sec.  78.1  Definitions.

* * * * *
    Approved livestock marketing facility. A stockyard, livestock 
market, buying station, concentration point, or any other premises 
under State or Federal veterinary supervision where livestock are 
assembled and that has been approved under Sec.  71.20 of this chapter.
* * * * *


Sec.  78.7  [Amended]

0
15. In Sec.  78.7, paragraph (a)(3), the words ``a specifically 
approved stockyard'' are removed and the words ``an approved livestock 
marketing facility'' are added in their place.


Sec.  78.8  [Amended]

0
16. In Sec.  78.8, the words ``a specifically approved stockyard'' are 
removed each

[[Page 12]]

time they appear and the words ``an approved livestock marketing 
facility'' are added in their place.


Sec.  78.9  [Amended]

0
17. In Sec.  78.9, the words ``a specifically approved stockyard'' are 
removed each time they appear and the words ``an approved livestock 
marketing facility'' are added in their place, and the words ``the 
specifically approved stockyard'' are removed each time they appear and 
the words ``the approved livestock marketing facility'' are added in 
their place.


Sec.  78.10  [Amended]

0
18. Section 78.10 is amended as follows:
0
a. The words ``a specifically approved stockyard'' are removed each 
time they appear and the words ``an approved livestock marketing 
facility'' are added in their place, and the words ``the specifically 
approved stockyard'' are removed each time they appear and the words 
``the approved livestock marketing facility'' are added in their place; 
and
0
b. Footnote 4 is redesignated as footnote 2.


Sec.  78.11  [Amended]

0
19. Section 78.11 introductory text is amended by removing the words 
``a specifically approved stockyard'' and adding the words ``an 
approved livestock marketing facility'' in their place, and by removing 
the words ``the specifically approved stockyard'' both times they 
appear and adding the words ``the approved livestock marketing 
facility'' in their place.


Sec.  78.12  [Amended]

0
20. Section 78.12 is amended as follows:
0
a. In paragraphs (d)(1) and (2), the words ``a specifically approved 
stockyard'' are removed each time they appear and the words ``an 
approved livestock marketing facility'' are added in their place;
0
b. In paragraph (d)(3) introductory text, the words ``specifically 
approved stockyard'' are removed and the words ``approved livestock 
marketing facility'' are added in their place; and
0
c. Footnote 5 is redesignated as footnote 3.


Sec.  78.22  [Amended]

0
21. In Sec.  78.22, in paragraph (a)(3) introductory text, the words 
``a specifically approved stockyard'' are removed and the words ``an 
approved livestock marketing facility'' are added in their place.


Sec.  78.23  [Amended]

0
22. In Sec.  78.23, the words ``a specifically approved stockyard'' are 
removed each time they appear and the words ``an approved livestock 
marketing facility'' are added in their place.

PART 85--PSEUDORABIES

0
23. The authority citation for part 85 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
24. Section 85.1 is amended as follows:
0
a. The definition of Approved livestock market is removed and a 
definition of Approved livestock marketing facility is added in 
alphabetic order; and
0
b. Footnotes 4 through 10 are redesignated as footnotes 2 through 8, 
respectively.
    The addition reads as follows:


Sec.  85.1  Definitions.

* * * * *
    Approved livestock marketing facility. A stockyard, livestock 
market, buying station, concentration point, or any other premises 
under State or Federal veterinary supervision where livestock are 
assembled and that has been approved under Sec.  71.20 of this chapter.
* * * * *


Sec.  85.7  [Amended]

0
25. In Sec.  85.7, the words ``approved livestock market'' are removed 
each time they appear and the words ``approved livestock marketing 
facility'' are added in their place.


Sec.  85.8  [Amended]

0
26. In Sec.  85.8, the words ``approved livestock market'' are removed 
each time they appear and the words ``approved livestock marketing 
facility'' are added in their place.

PART 86--ANIMAL DISEASE TRACEABILITY

0
27. The authority citation for part 86 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

0
28. Section 86.1 is amended as follows:
0
a. In the term Approved livestock facility, the word ``marketing'' is 
added before the word ``facility''; and
0
b. A definition of the term Farm of origin is added in alphabetical 
order.
    The addition reads as follows:


Sec.  86.1  Definitions.

* * * * *
    Farm of origin. Any farm where livestock are produced, or any farm 
on which they are maintained for at least 4 consecutive months prior to 
interstate movement.
* * * * *
0
29. In Sec.  86.4, paragraph (b)(1)(ii) is revised to read as follows:


Sec.  86.4  Official identification.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Cattle and bison may also be moved interstate without official 
identification if they are moved directly to a recognized slaughtering 
establishment or are moved directly from their farm of origin to an 
approved livestock marketing facility and then directly to a recognized 
slaughtering establishment, where they are harvested within 3 days of 
arrival; and
    (A) They are moved interstate with a USDA-approved backtag; or
    (B) A USDA-approved backtag is applied to the cattle or bison at 
the recognized slaughtering establishment or federally approved 
livestock marketing facility.
    (C) If a determination to hold the cattle or bison for more than 3 
days is made after the animals arrive at the slaughter establishment, 
the animals must be identified in accordance with paragraph (d)(4)(ii) 
of this section.
* * * * *
0
30. In Sec.  86.5, paragraph (c) is revised to read as follows:


Sec.  86.5  Documentation requirements for interstate movement of 
covered livestock.

* * * * *
    (c) Cattle and bison. Cattle and bison moved interstate must be 
accompanied by an ICVI unless:
    (1) They are moved directly from their farm of origin to a 
recognized slaughtering establishment, or directly from their farm of 
origin to an approved livestock marketing facility and then directly to 
a recognized slaughtering establishment, and they are accompanied by an 
owner-shipper statement.
    (2) They are moved directly from their farm of origin to an 
approved livestock marketing facility with an owner-shipper statement 
and do not move interstate from the facility unless accompanied by an 
ICVI. A State animal health official may waive the requirement for an 
owner-shipper statement to accompany such cattle and bison, provided 
that:
    (i) All the information required for the owner-shipper statement is 
recorded as soon as the cattle or bison are offloaded at the approved 
livestock marketing facility; and

[[Page 13]]

    (ii) This record is maintained in accordance with Sec.  86.3(b).
    (3) They are moved from the farm of origin for veterinary medical 
examination or treatment and returned to the farm of origin without 
change in ownership.
    (4) They are moved directly from one State through another State 
and back to the original State.
    (5) They are moved as a commuter herd with a copy of the commuter 
herd agreement or other document as agreed to by the States or Tribes 
involved in the movement.
    (6) Additionally, cattle and bison may be moved between shipping 
and receiving States or Tribes with documentation other than an ICVI, 
e.g., a brand inspection certificate, as agreed upon by animal health 
officials in the shipping and receiving States or Tribes.
    (7) The official identification number of cattle or bison must be 
recorded on the ICVI or alternate documentation unless:
    (i) The cattle or bison are moved from an approved livestock 
marketing facility directly to a recognized slaughtering establishment; 
or
    (ii) The cattle or bison are sexually intact cattle or bison under 
18 months of age or steers or spayed heifers; Except that: This 
exception does not apply to sexually intact dairy cattle of any age or 
to cattle or bison used for rodeo, exhibition, or recreational 
purposes.
* * * * *

    Done in Washington, DC, this 29th day of December 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-30752 Filed 12-31-14; 8:45 am]
BILLING CODE 3410-34-P