Interstate Movement of Livestock; Approved Livestock Facilities, Hog Cholera Provisions, and Livestock Identification

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 51, 56, 71, 75, 76, 78, 80, and 85

[Docket No. 96-041-2]

Interstate Movement of Livestock; Approved Livestock Facilities,

Hog Cholera Provisions, and Livestock Identification

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations regarding the interstate

movement of livestock by combining the provisions for the approval of

livestock markets for cattle and bison, horses, and swine into a single

section. These changes are the result of a comprehensive review of the

Animal and Plant Health Inspection Service's regulations, programs, and

policies regarding livestock markets and stockyards. We are also

removing the regulations that restrict the movement of swine and swine

products from areas quarantined for hog cholera and that provide for

the payment of compensation to the owners of swine destroyed because of

hog cholera. We are removing the hog cholera regulations because the

United States has been free of hog cholera since 1978 and import

requirements have proven adequate to prevent the reintroduction of the

disease into this country. These actions will eliminate unnecessary or

duplicative regulations and remove the implication that hog cholera has

not yet been eradicated in the United States.

EFFECTIVE DATE: June 23, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff

Veterinarian, Surveillance and Animal Identification Team, National

Animal Health Programs, VS, APHIS, 4700 River Road Unit 36, Riverdale,

MD 20737-1231, (301) 734-5970; or E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in subchapters B and C of chapter I, title 9, of

the Code of Federal Regulations contain provisions designed to prevent

the dissemination of animal diseases in the United States and

facilitate their control and eradication. Subchapter B, ``Cooperative

Control and Eradication of Livestock or Poultry Diseases,'' comprises 9

CFR parts 49 through 56; subchapter C, ``Interstate Transportation of

Animals (Including Poultry) and Animal Products,'' is made up of 9 CFR

parts 70 through 89.

In a proposed rule published in the Federal Register on October 31,

1996 (61 FR 56155-56165, Docket No. 96-041-1), we proposed to amend the

regulations regarding the interstate movement of livestock by combining

the provisions for the approval of livestock markets for cattle and

bison, horses, and swine into a single section. In that same document,

we also proposed to remove the regulations that restrict the movement

of swine and swine products from areas quarantined for hog cholera and

that provide for the payment of compensation to the owners of swine

destroyed because of hog cholera.

We solicited comments concerning the proposed rule for 60 days

ending December 30, 1996. We received five comments by that date. The

comments we received were from a private veterinarian, three State

animal health officials, and a livestock industry association. Two

commenters generally supported the proposed rule but expressed

reservations or offered suggestions on particular points. The remaining

three commenters were opposed to specific aspects of the proposed rule

and spoke only to those issues. The comments are discussed in detail

below by subject.

Definitions

One commenter asked why sheep were not included in the proposed

definition of livestock in Sec. 71.1. When we prepared the proposed

definition of livestock, our focus was on the term as it applied to the

proposed new combined livestock facility agreement. Because that

agreement contains no sheep-related provisions, we did not feel it was

necessary to include sheep in the definition of livestock. However, the

regulations in part 71 do refer numerous times to diseases of

``livestock or poultry'' or the interstate movement of ``livestock or

poultry;'' in that context, it appears clear that sheep should be

included in the definition of livestock. We have, therefore, added

sheep to the definition of livestock in this final rule.

One commenter suggested that we add a definition for cull sows and

boars to Sec. 71.1 to differentiate such swine from breeder swine,

feeder swine, and slaughter swine. The commenter stated that cull sows

and boars, even though they are most often purchased for further

feeding, would fall under the definition of breeder swine because they

are sexually intact, and thus would be subject to more restrictions

than other swine intended for further feeding, i.e. those covered under

the definition of feeder swine. Breeder swine and feeder swine are

subject to the same restrictions under the regulations in part 71 as

amended by this document, so sexually intact cull sows and boars will

not be subject to more restrictions than feeder swine as the commenter

had anticipated. Because sexually intact cull sows and boars meet the

definition of breeder swine--i.e., sexually intact swine over 6 months

of age--and will not be handled in a manner different from breeder

swine under the regulations, it is not necessary to define cull sows

and boars apart from breeder swine.

[[Page 27931]]

Presence of Veterinarians at Livestock Facilities

Two commenters were opposed to the provision of paragraph (1) of

the livestock facility agreement in Sec. 71.20(a) that would allow

States, with the concurrence of the Animal and Plant Health Inspection

Service (APHIS), to determine how frequently State representatives,

APHIS representatives, or accredited veterinarians should be present at

individual stockyards and livestock facilities. Both commenters

believed that the regulations should continue to require that a State

or APHIS representative or accredited veterinarian be present on all

sale days. One commenter pointed out that most States require a

certificate of veterinary inspection for livestock, even for steers and

spayed heifers, but that some States allow animals to be moved to

livestock markets without a certificate because of the APHIS

requirement for a veterinarian to be present at those facilities. That

same commenter went on to remark that, in light of the increasing world

trade in animals, it would not be prudent to reduce the opportunity for

veterinary inspection. The second commenter offered a similar

observation, stating that the United States has successfully eradicated

or controlled many diseases due in large part to the presence of

qualified veterinarians at its livestock markets.

On the same subject, a third commenter stated that it was unclear

as to whether a veterinarian would have to be present at a livestock

facility when animals were received from another State. As an example,

the commenter stated that test-eligible cattle could arrive at an

approved livestock facility from a brucellosis Class Free State without

a health certificate. In such a case, the commenter asked, would an

accredited veterinarian or APHIS or State representative have to be

present to receive the animals, or would the approved livestock

facility's employees be authorized to check for health certificates?

Closely related to those concerns about the presence of

veterinarians at livestock facilities were the concerns of three

commenters who opposed the proposed provision of paragraph (7) of the

livestock facility agreement in Sec. 71.20(a) that would prohibit the

sale of any livestock that show signs of being infected with any

infectious, contagious, or communicable disease without the

authorization of an APHIS representative, State representative, or

accredited veterinarian. One of those commenters pointed out that

animals could be moving through an approved facility on a sale day when

there is no APHIS, State, or accredited veterinarian on the premises--

which is a possibility under paragraph (1) of the livestock facility

agreement--then a determination as to the health status of those

animals would be the responsibility of the facility's employees, i.e.,

lay people without the training or scientific background to make such a

determination. Another commenter stated that 25 States currently have

laws that either exempt or restrict implied warranties in livestock

sales transactions. According to the commenter, most of those State

laws are conditioned upon compliance with, or showing a reasonable

effort to comply with, Federal and State animal health laws. Without a

veterinarian present at the facility, the commenter argued, this

proposed provision would set an unreasonably high standard and thus

adversely affect the protection afforded to livestock facilities by

those State laws.

After reviewing and considering the comments discussed in the

preceding paragraphs, we believe that the commenters have raised

several valid points regarding the disease control and surveillance,

regulatory, and liability ramifications of our proposal to require the

presence of an APHIS veterinarian, State veterinarian, or accredited

veterinarian at approved livestock facilities only on specified sale

days. Therefore, based on those comments, we have changed paragraphs

(1) and (2) of the livestock facility agreement in Sec. 71.20(a) in

this final rule to retain the requirement that an APHIS veterinarian,

State veterinarian, or accredited veterinarian be present on all sale

days.

Combined Livestock Facility Agreement

One commenter opposed the proposal to combine the livestock

facility agreements for cattle and bison, swine, and horses into a

single agreement in Sec. 71.20 on the grounds that some facility

operators may be unwilling or unqualified to operate a facility for all

three classes of livestock. It was not our intention to require all

approved livestock facilities to accept all three classes of livestock.

In the ``Background'' section of the proposed rule, we stated ``When

completing the agreement, the operator of the livestock facility would

indicate which animals and classes of animals the facility would accept

by initialing the appropriate paragraphs of the agreement.'' In

Sec. 71.20(a), under the heading ``Standards for Handling Different

Classes of Livestock'' following paragraph (13), the agreement itself

states ``By his or her initials, the operator of the facility shall

signify the class or classes of livestock that the facility will

handle.'' Thus, we do not believe that the livestock facility

agreement, as presented in the proposed rule and in this final rule,

would require any livestock facility operators to accept all classes of

livestock. Therefore, we have made no changes in this final rule based

on that comment.

Release of Swine

Paragraph (15)(v) of the livestock facility agreement in

Sec. 71.20(a) states that ``no release shall be issued for the removal

of feeder swine or breeder swine from the livestock facility until the

swine are officially identified in accordance with applicable Federal

or State regulations and have been inspected by an APHIS

representative, State representative, or accredited veterinarian, and

certified in accordance with applicable Federal or State regulations.''

One commenter stated that the paragraph's requirement for all feeder

swine and breeder swine to be inspected by an APHIS representative,

State representative, or accredited veterinarian prior to release is

overly restrictive, especially in States that are classified as

brucellosis free and in the latter stages of pseudorabies eradication.

It appears that the inspection-before-release provision of

paragraph (15)(v) in the livestock facility agreement in Sec. 71.20(a)

was inadvertently carried over from the hog cholera regulations in part

76, which are being removed by this final rule. That provision, as

noted by the commenter, is inconsistent with the brucellosis

regulations in part 78 and the pseudorabies regulations in part 85.

Therefore, because paragraph (15)(i) of the agreement already states

that swine must be received, handled, and released by the facility only

in accordance with 9 CFR parts 71, 78, and 85, and because paragraph

(8) of the agreement requires all livestock to be officially identified

as required by those regulations, we have removed paragraph

Sec. 71.20(a)(15)(v) in this final rule. Paragraph (15)(vi) has been

redesignated as paragraph (15)(v). We have also removed the reference

to official identification in that paragraph because, as noted

previously, that requirement is already set forth in paragraph (8) of

the agreement.

Rules of Practice

One commenter was concerned by the language of proposed

Sec. 71.20(b)(1) and (b)(2) regarding rules of practice for hearings

that may be held to resolve any conflict of material fact concerning a

denial or withdrawal of approval for a livestock facility. As presented

in the proposed rule, the regulations state that

[[Page 27932]]

rules of practice for such hearings will be adopted by the

Administrator of APHIS. The commenter believed that by allowing the

rules of practice to be adopted on a case-by-case basis, this provision

``flies in the face of consistency and fairness.'' The commenter

suggested that APHIS should either abide by established U.S. Department

of Agriculture rules of procedure or adopt and publish a standard set

of rules of practice for use in withdrawal hearing cases.

Uniform rules of practice such as those sought by the commenter are

used for a formal Administrative Procedures Act (APA) hearing before an

administrative law judge. The hearings provided for by this final rule

are non-APA proceedings that would be held before a hearing officer,

not an administrative law judge, so those uniform rules of practice are

not applicable. The due process rights of a person whose livestock

facility approval has been denied or withdrawn are met in this rule by

its notice and opportunity for that person to be heard before a

qualified hearing officer. Therefore, we have made no changes in this

rule based on that comment.

Identification of Livestock

One commenter supported the use of premises identification numbers,

but questioned why APHIS did not provide for the use of premises

identification numbers for animals other than swine. That commenter

also stated that it may be necessary to establish minimal standards for

assigning premises identification numbers to provide for uniformity

within and between States, especially if APHIS allows for their use to

identify animals other than swine. The definition of premises

identification number does not include or exclude any specific animals

but, as the commenter noted, the proposed rule did explicitly provide

for their use for swine identification only. We believe, however, that

the commenter is correct in suggesting that premises identification

numbers could be used to identify animals other than swine. Therefore,

to provide for the use of premises identification numbers to identify

cattle, which is the only other class of livestock that currently

requires such identification under the livestock regulations, this

final rule amends the definition of official eartag in Sec. 71.1 and

Sec. 78.1 to provide for the use of a premises identification number on

an official eartag. With regard to the commenter's concerns regarding

the need for minimal standards for the issuance of premises

identification numbers, we believe that the definition of premises

identification number, as proposed, provides a sufficient degree of

guidance for the issuance of numbers. That definition provides that

unique numbers that begin with the State's two-letter postal

abbreviation will be assigned by the State animal health official to

epidemiologically distinct livestock production units. It appears that

any further guidance would have to be administrative in nature, and we

do not believe that it is necessary to dictate how individual State

animal health officials should, for example, distribute numbers or keep

records.

Also with regard to premises identification numbers, one commenter

questioned the need for a space between the State's two-letter postal

abbreviation and premises' assigned number, noting that other official

alpha-numeric systems do not require a space. We acknowledge that a

space is not necessary in a premises identification number. We have,

therefore, amended the definition of premises identification number in

this final rule to remove the requirement for a space between the

State's two-letter postal abbreviation and the premises' assigned

number.

One commenter asked that we consider amending Sec. 71.19 to remove

all references to identifying swine moved in ``interstate commerce''

and replace them with references to swine ``moved interstate.'' Because

our proposed changes to Sec. 71.19 dealt only with means of swine

identification--i.e. tattoos and eartags--and not with determining

which swine must be identified, that comment is outside the scope of

this rulemaking. Any changes to the regulations based on that comment

would have to be part of a future rulemaking.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

This 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.

This rule amends the regulations regarding the interstate movement

of livestock by combining the provisions for the approval of livestock

markets for cattle and bison, horses, and swine into a single section

and by removing the regulations that restrict the movement of swine and

swine products from areas quarantined for hog cholera and that provide

for the payment of compensation to the owners of swine destroyed

because of hog cholera. The changes to the livestock market approval

provisions were recommended following a review of APHIS' regulations,

programs, and policies regarding livestock markets and stockyards; the

hog cholera regulations will be removed because the United States has

been free of hog cholera since 1978 and import requirements have proven

adequate to prevent the reintroduction of the disease into this

country. These actions will eliminate unnecessary or duplicative

regulations and remove the implication that hog cholera has not yet

been eradicated in the United States.

We estimate that combining livestock market approval provisions for

horses, swine, cattle, and bison into a single section and, thus,

reducing the livestock market agreement to one form will reduce the

number of approvals from 4,800 to fewer than 1,800 because each

livestock facility and stockyard will need only one approval. Many

livestock facilities and stockyards now have three approvals. APHIS

does not charge a user fee for inspections or approvals, so livestock

facilities will not experience a reduction in costs. However, this rule

change will reduce the amount of paperwork associated with livestock

facility approvals.

The removal of the hog cholera regulations in 9 CFR parts 56 and 76

will not have any economic impact on livestock markets or stockyards or

any other entity. Hog cholera has been eradicated in the United States

since 1978 and there are no enforcement measures currently in place.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings

[[Page 27933]]

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

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 76

Animal diseases, Hogs, Quarantine, Reporting and recordkeeping

requirements, Transportation.

9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and

recordkeeping requirements, Transportation.

9 Part CFR 80

Animal diseases, Livestock, Transportation.

9 CFR Part 85

Animal diseases, Livestock, Quarantine, Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending chapter I, title 9, of the Code of

Federal Regulations as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

1. The authority citation for part 51 is revised to read as

follows:

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,

and 134b; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 51.1 [Amended]

2. In Sec. 51.1, the definition of Specifically approved stockyard

is amended by removing the reference ``Sec. 78.44'' and adding the

reference ``Sec. 71.20'' in its place.

PART 56--[RESERVED]

3. Part 56 is removed and reserved.

PART 71--GENERAL PROVISIONS

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

Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,

134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

5. Section 71.1 is amended as follows:

a. By removing the definitions of accredited herd, APHIS inspector,

designated dipping station, recognized slaughtering center, and

stockers and feeders.

b. By adding, in alphabetical order, definitions of APHIS

representative, approved livestock facility, breeder swine, feeder

swine, horses, livestock, premises identification number, and slaughter

swine to read as set forth below.

c. In the definition of livestock market, by removing the word

``swine'' and adding the word ``livestock'' in its place.

d. By revising the definition of official eartag to read as set

forth below.

Sec. 71.1 Definitions.

* * * * *

APHIS representative. An individual employed by APHIS who is

authorized to perform the function involved.

Approved livestock 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.

* * * * *

Breeder swine. Sexually intact swine over 6 months of age.

* * * * *

Feeder swine. Swine under 6 months of age that are not slaughter

swine.

* * * * *

Horses. Horses, asses, mules, ponies, and zebras.

* * * * *

Livestock. Horses, cattle, bison, sheep, and swine.

* * * * *

Official eartag. An identification eartag approved by APHIS as

being tamper-resistant and as conforming to the alpha-numeric National

Uniform Eartagging System, which provides unique identification for

each animal, or as bearing a valid premises identification number.

* * * * *

Premises identification number. A unique number assigned by the

State animal health official to a livestock production unit that is, in

the judgment of the State animal health official or area veterinarian

in charge, epidemiolog-ically distinct from other livestock production

units. A premises identification number shall consist of the State's

two-letter postal abbreviation followed by the premises' assigned

number. A 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.

* * * * *

Slaughter swine. Swine being sold or moved for slaughter purposes

only.

* * * * *

Sec. 71.3 [Amended]

6. Section 71.3 is amended as follows:

a. In paragraph (a), the words ``hog cholera,'' are removed and the

word ``pseudorabies,'' is added in their place.

b. In paragraph (b), the words ``hog cholera,'' are added

immediately after the words ``African swine fever,''.

c. In paragraph (c)(2), the reference ``Sec. 77.8'' is removed and

the reference ``Sec. 77.5'' is added in its place.

d. In paragraph (d), introductory text, in the second proviso, the

word ``inspector'' is removed and the word ``representative'' is added

in its place.

e. In paragraph (d)(5), first sentence, the word ``inspector'' is

removed and the word ``representative'' is added in its place.

Sec. 71.4 [Amended]

7. Section 71.4 is amended as follows:

a. In paragraph (a), at the end of the first sentence, the word

``inspector'' is removed and the word ``representative'' is added in

its place; at the beginning of the second sentence, the words ``such

inspector'' are removed and the words ``an APHIS or State

representative'' are added in their place; and near the end of the

second sentence, the words ``such an inspector'' are removed and the

words ``an APHIS or State representative'' are added in their place.

b. In paragraph (b), the word ``inspector'' is removed and the word

``representative'' is added in its place.

Sec. 71.5 [Amended]

8. In Sec. 71.5, the undesignated regulatory text are amended by

removing the word ``inspector'' both

[[Page 27934]]

times it appears and by adding the word ``representative'' in its

place.

Sec. 71.6 [Amended]

9. In Sec. 71.6, paragraphs (a) and (b) are amended by removing the

word ``inspector'' both times it appears and by adding the word

``representative'' in its place.

Sec. 71.13 [Amended]

10. In Sec. 71.13, the section heading and the undesignated

regulatory text are amended by removing the word ``inspector'' each

time it appears and adding the word ``representative'' in its place.

Sec. 71.16 [Amended]

11. In Sec. 71.16, paragraph (a) is amended by removing the word

``inspector'' both times it appears and by adding the word

``representative'' in its place.

Sec. 71.18 [Amended]

12. Section 71.18 is amended as follows:

a. In the introductory text of paragraph (a), in the first

sentence, the words ``Secs. 78.9(a)(3)(iv), 78.9(b)(3)(iv),

78.9(c)(3)(iv), and 78.9(d)(3)(vii)'' are removed and the words

``Secs. 78.9(a)(3)(ii), 78.9(b)(3)(iv), and 78.9(c)(3)(iv)'' are added

in their place.

b. In paragraph (a)(1)(i), footnote 1, the words ``Veterinary

Services'' are removed both times they appear and the word ``APHIS'' is

added in their place.

c. Paragraphs (a)(1)(i)(a) through (a)(1)(i)(g) are redesignated as

paragraphs (a)(1)(i)(A) through (a)(1)(i)(G).

d. Paragraphs (a)(1)(ii)(a) through (a)(1)(ii)(f) are redesignated

as paragraphs (a)(1)(ii)(A) through (a)(1)(ii)(F).

e. Paragraphs (a)(1)(iii)(a) through (a)(1)(iii)(g) are

redesignated as paragraphs (a)(1)(iii) (A) through (a)(1)(iii)(G).

f. In paragraph (a)(2), in the second sentence, the word

``inspector'' is removed and the word ``representative'' is added in

its place.

g. In paragraph (a)(5), the words ``Sec. 78.44 of this chapter''

are removed and the reference ``Sec. 71.20'' is added in its place.

13. Section 71.19 is amended as follows:

a. In the introductory text of paragraph (a)(1), the words ``they

are individually'' are removed and the words ``each swine is'' are

added in their place.

b. In paragraph (b)(5), the word ``and'' at the end of the

paragraph is removed. c. Paragraph (b)(6) is revised and a new

paragraph (b)(7) is added to read as follows:

Sec. 71.19 Identification of swine in interstate commerce.

* * * * *

(b) * * *

(6) Tattoos on the ear or inner flank of any swine, if the tattoos

have been recorded in the book of record of a swine registry

association; and

(7) An eartag or tattoo bearing the premises identification number

assigned by the State animal health official to the premises on which

the swine originated.

* * * * *

14. A new Sec. 71.20 is added to read as follows:

Sec. 71.20 Approval of livestock facilities.

(a) To qualify for approval by the Administrator as an approved

livestock facility 6 and to retain such designation, the

individual legally responsible for the day-to-day operations of the

livestock facility shall execute the following agreement:

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\6\ A list of approved livestock facilities may be obtained by

writing to National Animal Health Programs, VS, APHIS, 4700 River

Road Unit 36, Riverdale, MD 20737-1231.

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AGREEMENT--APPROVED LIVESTOCK FACILITY FOR HANDLING LIVESTOCK PURSUANT

TO TITLE 9 OF THE CODE OF FEDERAL REGULATIONS

[Name of facility]

[Address and telephone number of facility]

I, [name of the individual legally responsible for the day-to-

day operations of the livestock facility], operator of [name of

facility], hereby agree to maintain and operate the livestock

facility located at [address of premises] in accordance with the

applicable provisions of this agreement and Chapter I, Title 9, of

the Code of Federal Regulations (9 CFR).

Cooperation

(1) The State animal health official and the area veterinarian

in charge shall be provided with a schedule of the facility's sale

days, which shall indicate the types of animals that will be handled

at the facility on each sale day, and shall be apprised of any

changes to that schedule prior to the implementation of the changes.

(2) An accredited veterinarian, State representative, or APHIS

representative shall be on the facility premises on all sale days to

perform duties in accordance with State and Federal regulations.

(3) State representatives and APHIS representatives shall be

granted access to the facility during normal business hours to

evaluate whether the facility and its operations are in compliance

with the applicable provisions of this agreement and 9 CFR parts 71,

75, 78, and 85.

(4) An APHIS representative, State representative, or accredited

veterinarian shall be immediately notified of the presence at the

facility of any livestock that are known to be infected, exposed, or

suspect, or that show signs of possibly being infected, with any

infectious, contagious, or communicable disease.

(5) Any reactor, suspect, or exposed livestock shall be held in

quarantined pens apart from all other livestock at the facility.

(6) No reactor, suspect, or exposed livestock, nor any livestock

that show signs of being infected with any infectious, contagious,

or communicable disease, may be sold at the facility, except as

authorized by an APHIS representative, State representative, or

accredited veterinarian.

Records

(7) Documents such as weight tickets, sales slips, and records

of origin, identification, and destination that relate to livestock

that are in, or that have been in, the facility shall be maintained

by the facility for a period of 2 years. APHIS representatives and

State representatives shall be permitted to review and copy those

documents during normal business hours.

Identification

(8) All livestock must be officially identified in accordance

with the applicable regulations in 9 CFR parts 71, 75, 78, and 85 at

the time of, or prior to, entry into the facility.

Cleaning and Disinfection

(9) The facility, including all yards, docks, pens, alleys, sale

rings, chutes, scales, means of conveyance, and their associated

equipment, shall be maintained in a clean and sanitary condition.

The operator of the facility shall be responsible for the cleaning

and disinfection of the facility in accordance with 9 CFR part 71

and for maintaining an adequate supply of disinfectant and

serviceable equipment for cleaning and disinfection.

General Facilities and Equipment Standards

(10) All facilities and equipment shall be maintained in a state

of good repair. The facility shall contain well-constructed and

well-lighted livestock handling chutes, pens, alleys, and sales

rings for the inspection, identification, vaccination, testing, and

branding of livestock.

(11) Quarantined pens shall be clearly labeled with paint or

placarded with the word ``Quarantined'' or the name of the disease

of concern, and shall be cleaned and disinfected in accordance with

9 CFR part 71 before being used to pen livestock that are not

reactor, suspect, or exposed animals.

(12) Quarantined pens shall have adequate drainage, and the

floors and those parts of the walls of the quarantined pens with

which reactor, or suspect, or exposed livestock, their excrement, or

discharges may have contact shall be constructed of materials that

are substantially impervious to moisture and able to withstand

continued cleaning and disinfection.

(13) Electrical outlets shall be provided at the chute area for

branding purposes.

[[Page 27935]]

Standards for Handling Different Classes of Livestock

(By his or her initials, the operator of the facility shall signify

the class or classes of livestock that the facility will handle.)

(14) Cattle and bison:

--This facility will handle cattle and bison: [Initials of operator,

date]

--This facility will handle cattle and bison known to be brucellosis

reactors, suspects, or exposed: [Initials of operator, date]

--This facility will not handle cattle and bison known to be

brucellosis reactors, suspects, or exposed and such cattle and bison

will not be permitted to enter the facility: [Initials of operator,

date]

(i) Cattle and bison shall be received, handled, and released by

the facility only in accordance with 9 CFR parts 71 and 78.

(ii) All brucellosis reactor, brucellosis suspect, and

brucellosis exposed cattle or bison arriving at the facility shall

be placed in quarantined pens and consigned from the facility only

in accordance with 9 CFR part 78.

(iii) Any cattle or bison classified as brucellosis reactors at

the facility shall be identified in accordance with 9 CFR part 78,

placed in quarantined pens, and consigned from the facility only to

a recognized slaughtering establishment or an approved intermediate

handling facility in accordance with 9 CFR part 78.

(iv) Any cattle or bison classified as brucellosis exposed at

the facility shall be identified in accordance with 9 CFR part 78,

placed in quarantined pens, and consigned from the facility only to

a recognized slaughtering establishment, approved intermediate

handling facility, quarantined feedlot, or farm of origin in

accordance with 9 CFR part 78.

(v) The identity of cattle from Class Free States or areas and

Class A States or areas shall be maintained.

(vi) The identity of cattle from Class B States or areas shall

be maintained, and test-eligible cattle from Class B States or areas

shall not be placed in pens with cattle from any other area until

they have fulfilled the requirements of 9 CFR part 78 for release

from the facility.

(vii) The identity of cattle from Class C States or areas shall

be maintained, and test-eligible cattle from Class C States or areas

shall not be placed in pens with cattle from any other area until

they have fulfilled the requirements of 9 CFR part 78 for release

from the facility.

(viii) The identity of cattle from quarantined areas shall be

maintained, and test-eligible cattle from quarantined areas shall

not be placed in pens with cattle from any other area until they

have fulfilled the requirements of 9 CFR part 78 for release from

the facility.

(ix) Test-eligible cattle that are penned with test-eligible

cattle from a lower class State or area, in violation of this

agreement, shall have the status of the State or area of lower class

for any subsequent movement.

(x) Laboratory space shall be furnished and maintained for

conducting diagnostic tests. All test reagents, testing equipment,

and documents relating to the State-Federal cooperative eradication

programs on the facility's premises shall be secured to prevent

misuse and theft. Adequate heat, cooling, electricity, water piped

to a properly drained sink, and sanitation shall be provided for

properly conducting diagnostic tests.

(15) Swine:

--This facility will handle breeding swine: [Initials of operator,

date]

--This facility will handle slaughter swine: [Initials of operator,

date]

--This facility will handle feeder swine: [Initials of operator,

date]

--This facility will handle pseudorabies reactor, suspect, or

exposed swine: [Initials of operator, date].

--This facility will not handle swine known to be pseudorabies

reactor, suspect, or exposed swine and such swine will not be

permitted to enter the facility: [Initials of operator, date].

(i) Swine shall be received, handled, and released by the

livestock facility only in accordance with 9 CFR parts 71, 78, and

85.

(ii) Slaughter swine may be handled only on days when no feeder

swine or breeder swine are present at the facility, unless the

facility has provisions to keep slaughter swine physically separated

from feeder swine and breeder swine or unless those areas of the

facility used by slaughter swine have been cleaned and disinfected

before being used by feeder swine or breeder swine.

(iii) No feeder swine or breeder swine may remain in the

livestock facility for more than 72 hours, and no slaughter swine

may remain in the livestock market for more than 120 hours.

(iv) Feeder swine shall be kept separate and apart from other

swine while in the livestock facility.

(v) No release shall be issued for the removal of slaughter

swine from the livestock facility unless the slaughter swine are

consigned for immediate slaughter or to another slaughter market and

the consignee is identified on the release document.

(16) Horses:

--This facility will handle horses: [Initials of operator, date]

--This facility will handle equine infectious anemia (EIA) reactors:

[Initials of operator, date]

--This facility will not handle horses known to be EIA reactors and

will not permit EIA reactors to enter the facility: [Initials of

operator, date]

(i) Horses shall be received, handled, and released by the

livestock facility only in accordance with 9 CFR parts 71 and 75.

(ii) Any horses classified as EIA reactors and accepted by the

facility for sale shall be placed in quarantined pens at least 200

yards from all non-EIA-reactor horses or other animals, unless

moving out of the facility within 24 hours of arrival.

(iii) Any horses classified as EIA reactors and accepted by the

facility for sale shall be consigned from the facility only to a

slaughtering establishment or to the home farm of the reactor in

accordance with 9 CFR part 75.

(iv) Fly Control Program: The livestock facility shall have in

effect a fly control program utilizing at least one of the

following: Baits, fly strips, electric bug killers (``Fly Zappers,''

``Fly Snappers,'' or similar equipment), or the application of a

pesticide effective against flies, applied according to the schedule

and dosage recommended by the manufacturer for fly control.

Approvals

(17) Request for approval:

I hereby request approval for this facility to operate as an

approved livestock facility for the classes of livestock indicated

in paragraphs (14) through (16) of this agreement. I acknowledge

that I have received a copy of 9 CFR parts 71, 75, 78 and 85, and

acknowledge that I have been informed and understand that failure to

abide by the provisions of this agreement and the applicable

provisions of 9 CFR parts 71, 75, 78, and 85 constitutes a basis for

the withdrawal of this approval. [Printed name and signature of

operator, date of signature]

(18) Pre-approval inspection of livestock facility conducted by

[printed name and title of APHIS representative] on [date of

inspection].

(19) Recommend approval:

[Printed name and signature of State animal health official,

date of signature]

[Printed name and signature of area veterinarian in charge, date

of signature]

(20) Approval granted:

[Printed name and signature of the Administrator, Animal and

Plant Health Inspection Service, date of signature]

(b) Denial and withdrawal of approval. The Administrator may deny

or withdraw the approval of a livestock facility to receive livestock

moved interstate under this subchapter upon a determination that the

livestock facility is not or has not been maintained and operated in

accordance with the agreement set forth in paragraph (a) of this

section.

(1) In the case of a denial, the operator of the facility will be

informed of the reasons for the denial and may appeal the decision in

writing to the Administrator within 10 days after receiving

notification of the denial. The appeal must include all of the facts

and reasons upon which the person relies to show that the livestock

facility was wrongfully denied approval to receive livestock moved

interstate under this subchapter. The Administrator will grant or deny

the appeal in writing as promptly as circumstances permit, stating the

reason for his or her decision. If there is a conflict as to any

material fact, a hearing will be held to resolve the conflict. Rules of

practice concerning the hearing will be adopted by the Administrator.

(2) In the case of withdrawal, before such action is taken, the

operator of the facility will be informed of the reasons for the

proposed withdrawal. The operator of the facility may appeal the

proposed withdrawal in writing to the Administrator within 10 days

after

[[Page 27936]]

being informed of the reasons for the proposed withdrawal. The appeal

must include all of the facts and reasons upon which the person relies

to show that the reasons for the proposed withdrawal are incorrect or

do not support the withdrawal of the approval of the livestock facility

to receive livestock moved interstate under this subchapter. The

Administrator will grant or deny the appeal in writing as promptly as

circumstances permit, stating the reason for his or her decision. If

there is a conflict as to any material fact, a hearing will be held to

resolve the conflict. Rules of practice concerning the hearing will be

adopted by the Administrator. However, withdrawal shall become

effective pending final determination in the proceeding when the

Administrator determines that such action is necessary to protect the

public health, interest, or safety. Such withdrawal shall be effective

upon oral or written notification, whichever is earlier, to the

operator of the facility. In the event of oral notification, written

confirmation shall be given as promptly as circumstances allow. This

withdrawal shall continue in effect pending the completion of the

proceeding, and any judicial review thereof, unless otherwise ordered

by the Administrator.

(3) Approval for a livestock facility to handle livestock under

this subchapter will be automatically withdrawn by the Administrator

when:

(i) The operator of the facility notifies the Administrator, in

writing, that the facility no longer handles livestock moved interstate

under this subchapter; or

(ii) The person who signed the agreement executed in accordance

with paragraph (a) of this section is no longer responsible for the

day-to-day operations of the facility.

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

ZEBRAS

15. The authority citation for part 75 continues to read as

follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, and

134-134h; 7 CFR 2.22, 2.80, and 371.2(d).

16. Section 75.4 is amended as follows:

a. The section heading is revised to read as set forth below.

b. In paragraph (a), the definition of Approved stockyard is

amended by removing the words ``this part'' and by adding the words

``Sec. 71.20 of this chapter'' in their place.

c. In paragraph (c), the paragraph heading is amended by removing

the words ``, Diagnostic or Research Facilities, and Stockyards'' and

by adding the words ``and Diagnostic or Research Facilities'' in their

place, and paragraph (c)(3) and the agreement following it are removed.

d. In paragraph (d), the introductory text of the paragraph,

including the paragraph heading, and paragraphs (d)(1) and (d)(2) are

revised to read as set forth below, and paragraph (d)(5) is removed.

Sec. 75.4 Interstate movement of equine infectious anemia reactors and

approval of laboratories, diagnostic facilities, and research

facilities.

* * * * *

(d) Denial and withdrawal of approval of laboratories and

diagnostic or research facilities. The Administrator may deny or

withdraw approval of any laboratory to conduct the official test, or of

any diagnostic or research facility to receive reactors moved

interstate, upon a determination that the laboratory or diagnostic or

research facility does not meet the criteria for approval under

paragraph (c) of this section.

(1) In the case of a denial, the operator of the laboratory or

facility will be informed of the reasons for denial and may appeal the

decision in writing to the Administrator within 10 days after receiving

notification of the denial. The appeal must include all of the facts

and reasons upon which the person relies to show that the laboratory or

facility was wrongfully denied approval to conduct the official test or

receive reactors moved interstate. The Administrator will grant or deny

the appeal in writing as promptly as circumstances permit, stating the

reason for his or her decision. If there is a conflict as to any

material fact, a hearing will be held to resolve the conflict. Rules of

practice concerning the hearing will be adopted by the Administrator.

(2) In the case of withdrawal, before such action is taken, the

operator of the laboratory or facility will be informed of the reasons

for the proposed withdrawal. The operator of the laboratory or facility

may appeal the proposed withdrawal in writing to the Administrator

within 10 days after being informed of the reasons for the proposed

withdrawal. The appeal must include all of the facts and reasons upon

which the person relies to show that the reasons for the proposed

withdrawal are incorrect or do not support the withdrawal of the

approval of the laboratory or facility to conduct the official test or

receive reactors moved interstate. The Administrator will grant or deny

the appeal in writing as promptly as circumstances permit, stating the

reason for his or her decision. If there is a conflict as to any

material fact, a hearing will be held to resolve the conflict. Rules of

practice concerning the hearing will be adopted by the Administrator.

However, the withdrawal shall become effective pending final

determination in the proceeding when the Administrator determines that

such action is necessary to protect the public health, interest, or

safety. Such withdrawal shall be effective upon oral or written

notification, whichever is earlier, to the operator of the laboratory

or facility. In the event of oral notification, written confirmation

shall be given as promptly as circumstances allow. The withdrawal shall

continue in effect pending the completion of the proceeding, and any

judicial review thereof, unless otherwise ordered by the Administrator.

* * * * *

PART 76--[RESERVED]

17. Part 76 is removed and reserved.

PART 78--BRUCELLOSIS

18. The authority citation for part 78 continues to read as

follows:

Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-

126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

19. Section 78.1 is amended as follows:

a. In the definition of Approved intermediate handling facility,

the reference ``Sec. 78.44(b)'' is removed and the words ``Sec. 71.20

of this chapter'' are added in its place.

b. By revising the definition of Official eartag to read as set

forth below.

c. In the definition of Originate, paragraph (c), the reference

``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter''

are added in its place.

d. In definition of Specifically approved stockyard, the reference

``Sec. 78.44'' is removed and the words ``Sec. 71.20 of this chapter''

are added in its place.

Sec. 78.1 Definitions.

* * * * *

Official eartag. An identification eartag approved by APHIS as

being tamper-resistant and as conforming to the alpha-numeric National

Uniform Eartagging System, which provides unique identification for

each animal, or as bearing a valid premises identification number.

* * * * *

20. Section 78.33 is revised to read as follows:

Sec. 78.33 Sows and boars.

(a) Sows and boars may be moved in interstate commerce for

slaughter or for

[[Page 27937]]

sale for slaughter if they are identified in accordance with Sec. 71.19

of this chapter either:

(1) Before being moved in interstate commerce and before being

mixed with swine from any other source; or

(2) After being moved in interstate commerce but before being mixed

with swine from any other source only if they have been moved directly

from their herd of origin to:

(i) A recognized slaughtering establishment; or

(ii) A stockyard, market agency, or dealer operating under the

Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq.).

(b) Sows and boars may be moved in interstate commerce for breeding

only if they are identified in accordance with Sec. 71.19 of this

chapter before being moved in interstate commerce and before being

mixed with swine from any other source, and the sows and boars either:

(1) Are from a validated brucellosis-free herd or a validated

brucellosis-free State and are accompanied by a certificate that

states, in addition to the items specified in Sec. 78.1, that the swine

originated in a validated brucellosis-free herd or a validated

brucellosis-free State; or

(2) Have tested negative to an official test conducted within 30

days prior to interstate movement and are accompanied by a certificate

that states, in addition to the items specified in Sec. 78.1, the dates

and results of the official tests.

(c) Sows and boars may be moved in interstate commerce for purposes

other than slaughter or breeding without restriction under this subpart

if they are identified in accordance with Sec. 71.19 of this chapter.

Subpart E--[Heading Amended]

21. The heading of subpart E is amended by removing the words ``,

and Specifically Approved Stockyards''.

Sec. 78.44 [Removed]

22. Section 78.44 is removed.

PART 80--PARATUBERCULOSIS IN DOMESTIC ANIMALS

23. The authority citation for part 80 continues to read as

follows:

Authority: 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, and

125; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 80.1 [Amended]

24. In Sec. 80.1, paragraph (j) is amended by removing the

reference ``Sec. 78.44'' and by adding the words ``Sec. 71.20 of this

chapter'' in its place.

PART 85--PSEUDORABIES

25. The authority citation for part 85 continues to read as

follows:

Authority: 21 U.S.C. 111, 112, 113, 115, 117, 120, 121, 123-126,

134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 85.1 [Amended]

26. In Sec. 85.1, in the definition of Approved livestock market,

the words ``Sec. 76.18 (9 CFR 76.18)'' are removed and the words

``Sec. 71.20 of this chapter'' are added in their place.

27. In Sec. 85.1, in the definition of Slaughter market, the words

``Sec. 76.18 (9 CFR 76.18)'' are removed and the words ``Sec. 71.20 of

this chapter'' are added in their place.

Sec. 85.12 [Amended]

28. Section 85.12 is amended by removing the reference

``Sec. 76.30'' and by adding the reference ``Sec. 71.7'' in its place.

Sec. 85.13 [Amended]

29. Section 85.13 is amended by removing the reference

``Sec. 76.31'' and by adding the reference ``Sec. 71.7'' in its place.

Done in Washington, DC, this 19th day of May 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-13499 Filed 5-21-97; 8:45 am]

BILLING CODE 3410-34-P