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IMPORT ASSESSMENT TABLE—
Continued
IMPORT ASSESSMENT TABLE—
Continued
[Raw cotton fiber]
[Raw cotton fiber]
jbell on DSKJLSW7X2PROD with RULES
HTS No.
6302315040
6302315050
6302317010
6302317020
6302317030
6302317040
6302317050
6302319010
6302319020
6302319030
6302319040
6302319050
6302321010
6302321020
6302321030
6302321040
6302321050
6302321060
6302322010
6302322020
6302322030
6302322040
6302322050
6302322060
6302390030
6302402010
6302511000
6302512000
6302513000
6302514000
6302593020
6302600010
6302600020
6302600030
6302910005
6302910015
6302910025
6302910035
6302910045
6302910050
6302910060
6302931000
6302932000
6302992000
6303191100
6303910010
6303910020
6303921000
6303922010
6303922030
6303922050
6303990010
6304111000
6304113000
6304190500
6304191000
6304191500
6304192000
6304193060
6304200020
6304200070
6304910120
6304910170
6304920000
6304996040
6505001515
6505001525
6505001540
6505002030
VerDate Sep<11>2014
Conv. factor
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
0.7751
0.7751
1.1073
1.1073
1.1073
1.1073
1.1073
0.7751
0.7751
0.7751
0.7751
0.7751
0.5537
0.3876
0.5537
0.3876
0.3876
0.3876
0.5537
0.3876
0.5537
0.3876
0.3876
0.3876
0.2215
0.9412
0.5537
0.8305
0.5537
0.7751
0.5537
1.1073
0.9966
0.9966
0.9966
1.1073
0.9966
0.9966
0.9966
0.9966
0.9966
0.4429
0.4429
0.2215
0.8859
0.609
0.609
0.2768
0.2768
0.2768
0.2768
0.2768
0.9966
0.1107
0.9966
1.1073
0.3876
0.3876
0.2215
0.8859
0.2215
0.8859
0.2215
0.8859
0.2215
1.1189
0.5594
1.1189
0.9412
16:09 Oct 02, 2020
Cents/kg
0.8961402
0.8961402
1.2802169
1.2802169
1.2802169
1.2802169
1.2802169
0.8961402
0.8961402
0.8961402
0.8961402
0.8961402
0.6401662
0.4481279
0.6401662
0.4481279
0.4481279
0.4481279
0.6401662
0.4481279
0.6401662
0.4481279
0.4481279
0.4481279
0.2560896
1.0881786
0.6401662
0.9601916
0.6401662
0.8961402
0.6401662
1.2802169
1.1522299
1.1522299
1.1522299
1.2802169
1.1522299
1.1522299
1.1522299
1.1522299
1.1522299
0.5120636
0.5120636
0.2560896
1.0242429
0.7041019
0.7041019
0.3200253
0.3200253
0.3200253
0.3200253
0.3200253
1.1522299
0.1279870
1.1522299
1.2802169
0.4481279
0.4481279
0.2560896
1.0242429
0.2560896
1.0242429
0.2560896
1.0242429
0.2560896
1.2936283
0.6467564
1.2936283
1.0881786
Jkt 253001
HTS No.
6505002060
6505002545
6507000000
9404901000
9404908020
9404908040
9404908505
9404908536
9404909505
9404909570
9619002100
9619002500
9619003100
9619003300
9619004100
9619004300
9619006100
9619006400
9619006800
9619007100
9619007400
9619007800
9619007900
*
*
Conv. factor
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
*
0.9412
0.5537
0.3986
0.2104
0.9966
0.9966
0.6644
0.0997
0.6644
0.2658
0.8681
0.1085
0.9535
1.1545
0.2384
0.2384
0.8528
0.2437
0.3655
1.1099
0.2466
0.2466
0.2466
*
Cents/kg
1.0881786
0.6401662
0.4608457
0.2432562
1.1522299
1.1522299
0.7681532
0.1152692
0.7681532
0.3073075
1.0036632
0.1254434
1.1023993
1.3347877
0.2756287
0.2756287
0.9859739
0.2817564
0.4225768
1.2832229
0.2851093
0.2851093
0.2851093
*
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–19373 Filed 10–2–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 56, 145, 146, and 147
[Docket No. APHIS–2018–0062]
RIN 0579–AE49
National Poultry Improvement Plan and
Auxiliary Provisions
Animal and Plant Health
Inspection Service, Department of
Agriculture (USDA).
ACTION: Final rule.
AGENCY:
We are amending the
regulations governing the National
Poultry Improvement Plan (NPIP).
These amendments establish a U.S.
Newcastle Disease Clean program
within the NPIP, create an NPIP subpart
specific to game birds, revise testing
requirements, and clarify existing
provisions of the regulations. We are
also amending the regulations
concerning the payment of indemnity
and compensation for low pathogenic
avian influenza to reflect current policy
and operational practices, and allowing
NPIP voting delegates to represent
SUMMARY:
PO 00000
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62559
multiple States during the Biennial
Conferences. These changes were voted
on and approved by the voting delegates
at the NPIP’s 2018 National Plan
Conference.
DATES: Effective November 4, 2020.
FOR FURTHER INFORMATION CONTACT: Dr.
Elena Behnke, DVM, Senior
Coordinator, National Poultry
Improvement Plan, VS, APHIS, USDA,
1506 Klondike Road, Suite 101,
Conyers, GA 30094–5104; (770) 922–
3496.
SUPPLEMENTARY INFORMATION:
Background
The National Poultry Improvement
Plan (NPIP, also referred to below as
‘‘the Plan’’) is a cooperative FederalState-industry mechanism for
controlling certain poultry diseases. The
Plan consists of a variety of programs
intended to prevent and control poultry
diseases. Participation in all Plan
programs is voluntary, but breeding
flocks, hatcheries, and dealers must first
qualify as ‘‘U.S. Pullorum-Typhoid
Clean’’ as a condition for participating
in the other Plan programs. The Plan
identifies States, independent flocks,
hatcheries, dealers, and slaughter plants
that meet certain disease control
standards specified in the Plan’s various
programs. As a result, customers can
buy poultry that has tested clean of
certain diseases or that has been
produced under disease-prevention
conditions.
The regulations in 9 CFR parts 56,
145, 146, and 147 (referred to below as
the regulations) contain the provisions
of the Plan. The Animal and Plant
Health Inspection Service (APHIS)
amends these provisions from time to
time to incorporate new scientific
information and technologies within the
Plan, and to ensure the plan reflects
changes to the poultry industry itself.
On December 5, 2019, we published
in the Federal Register (84 FR 66631–
66647, Docket No. APHIS–2018–0062) a
proposal 1 to amend the regulations by
updating and clarifying several
provisions, including those concerning
NPIP participation, voting requirements,
testing procedures, and standards.
We solicited comments concerning
our proposal for 60 days, ending
February 3, 2020. We received 12
comments by that date. The comments
were from private citizens, a State
department of agriculture, and a
representative for the egg farmer
industry.
1 To view the proposed rule, supporting
documents, and the comments we received, go to
http://www.regulations.gov/
#!docketDetail;D=APHIS-2018-0062.
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Six individuals were in favor of the
rule. Two individuals were generally
opposed to NPIP and the poultry
industry, but did not address any
specific provisions of the proposed rule.
The remaining comments are addressed
below.
Requests for Clarification
There were three commenters who
asked questions regarding the
provisions of the rule but did not
express favorable or unfavorable
viewpoints regarding the rule. One
commenter posed a number of questions
regarding the provisions of the proposed
rule, primarily as they pertain to game
birds (for which we proposed specific
provisions) and waterfowl (which have
an existing subpart). First, the
commenter asked how APHIS defines
game birds under the proposed rule.
Under the proposed rule, game birds
are domesticated fowl such as
pheasants, partridge, quail, grouse, and
guineas, but not doves and pigeons.
The commenter also asked if NPIP
certifications would be difficult to
obtain if an individual is raising
waterfowl and non-waterfowl gamebirds
together.
The proposed rule stated in both
proposed §§ 145.52(c) and 145.102(c)
that it is recommended that gallinaceous
flocks and waterfowl flocks be kept
separate. However, this does not
preclude NPIP certifications for
producers who have both flocks on the
same premises. For operations that have
waterfowl and game birds on the same
premises, if the game birds meet the
definition of ‘‘game bird’’ in the
proposed rule, the game birds can be
moved pursuant to the new gamebirdspecific regulations in the proposed rule
and the waterfowl remain subject to the
existing NPIP regulations.
The commenter also asked if
‘‘flocksters’’ need to change their birds’
housing to separate quarters.
‘‘Flocksters’’ refers to small-scale
backyard poultry producers. If the birds
are covered by two different NPIP
subparts, for example, those covered by
subpart E of part 145 (waterfowl) and
those covered by subpart J of part 145
(gamebird), and are on the same
premises, the housing habitat will
require separate quarters. The
requirements for NPIP participation in
relation to housing habitat are found in
part 145 (for breeding flocks) and part
146 (for commercial flocks) and further
explained in the Program Standards—
Standard C Sanitation Procedures. That
being said, ‘‘flocksters’’ should also
consult the relevant size thresholds for
the provisions of the regulations. For
example, under part 146, ‘‘flockster’’
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Jkt 253001
table egg layers for who intend the eggs
for commercial sale and who have fewer
than 75,000 birds are exempt from the
provisions in that part.
The commenter also asked if raising
gamebirds and non-game birds together
would have any effect on NPIP testing.
The Official State Agency will work
with producers in each State to
determine which classification—subpart
E or subpart J—is most appropriate.
Birds will be tested accordingly.
The commenter also asked if
designated hatcheries, breeders, and
growers would need to send in or have
specimens checked every 30 days under
the proposed rule.
The 30-day specimen check would
only apply if the participant wishes to
hold the U.S. Salmonella Monitored
classification. The 30-day interval for
testing that applies for the U.S.
Salmonella Monitored Program under
§ 145.103(d) states: ‘‘An Authorized
Agent shall collect a minimum of five
environmental samples, e.g., chick
papers, hatching trays, and chick
transfer devices, from the hatchery at
least every 30 days. Testing must be
performed at an authorized laboratory.’’
We proposed to establish a U.S.
Newcastle Disease (ND) Clean program
within the NPIP regulations.
One commenter asked what the
testing methods for vaccinated and
unvaccinated flocks would be for ND.
As we noted in the proposed rule, the
approved serological tests for ND are
currently the ELISA and
hemagglutination inhibition (HI) tests,
and the approved molecular-based test
for ND is PCR.
The commenter also asked if lab costs
were reimbursable for breeders who add
ND tests to their regular surveillance
protocol for backyard birds.
The new program generally does not
apply to backyard poultry breeders, only
primary breeders. Primary breeders
should not expect an increase in lab
costs; however, if lab costs occur,
primary breeder labs will be expected to
absorb the costs.
We proposed to allow voting
delegates to represent multiple States.
A commenter inquired if there was a
plan to ensure fair representation
regarding delegation and the voting
process.
In § 147.45 of the proposed rule, our
proposed requirement was that ‘‘official
delegates shall be elected by a
representative group of participating
industry members and be certified by
the Official State Agency.’’ Further,
‘‘each official delegate shall endeavor to
obtain, prior to the Conference, the
recommendations of industry members
of his State with respect to each
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Fmt 4700
Sfmt 4700
proposed change.’’ We believe these
provisions address the commenter’s
concern.
Comments Regarding Proposed
Indemnity Revisions
One commenter expressed concerns
about changes to part 56, our indemnity
regulations for H5/H7 low pathogenic
avian influenza (LPAI).
We proposed to amend the terms and
definitions of H5/H7 LPAI infection
(infected) and H5/H7 LPAI exposed. The
new terms we proposed were H5/H7
LPAI virus exposed (non-infectious) and
H5/H7 LPAI virus actively infected
(infectious).
The commenter opined that this could
lead to a dilution of an industry/Federal
response to a LPAI event.
The revision to these terms does not
change APHIS’ response policies for
LPAI events.
The regulations in part 56 had
referred to payment for birds and eggs
destroyed because of LPAI and payment
for cleaning and disinfection activities
as indemnity. In the proposed rule, we
proposed to reserve the term indemnity
to payment for birds and eggs destroyed
because of LPAI, and to refer to payment
for cleaning and disinfection activities
as compensation. We also proposed
definitions for compensation and
indemnity. We indicated that this was
necessary because the conditions for
payment for the former, and the manner
in which the amount paid is derived,
differs significantly from the latter.
The commenter suggested that these
revisions could adversely impact the
payment of indemnity and
compensation to producers.
We are redefining the terms
indemnity and compensation for the
purposes of clarifying the types of
payments provided for response
activities and make a distinction
between indemnity, which is based on
the fair market value of birds and eggs,
and compensation, which is payment
for response activities based on
expenses incurred for those activities.
These revisions to terminology do not
pertain to the conditions for payment,
nor how payment is calculated.
We proposed the use of a flat rate
virus elimination (VE) calculator to
determine compensation for VE
activities for LPAI. The commenter also
expressed concern that a flat rate VE
calculator value would not fully
compensate for VE activities necessary
in all circumstances and all types of egg
production facilities.
We explained that the VE calculator is
intended to streamline payment for the
majority of affected producers, but we
recognize that the calculator may not be
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applicable for every production type
and VE procedure. Therefore, as stated
in the proposed rule, the claimant
would be afforded the opportunity to
demonstrate through receipts or other
documentation the uniqueness of the
situation and the actual cost of the
activities, upon which the VE payment
could be based.
The commenter recommended that
VE payments be based on the value of
the birds housed within a facility, rather
than on the cost of eliminating virus
from the structure.
We disagree. Compensation for VE
activities is intended to cover the costs
of those activities, which is not related
to the value of the birds housed within
a structure. However, we will consider
the commenter’s proposed methodology
for determining the value of layers
during our ongoing process of revising
our methods of determining fair market
value.
Miscellaneous
In reviewing the provisions of the
proposed rule in preparation of this
final rule, we noted several instances
where the punctuation or the ordering
of paragraphs could have led to differing
interpretations of the regulations. For
example, in several instances,
conditions that were intended to be
alternating (either one is sufficient) were
punctuated in a manner which could
make them appear to be joint conditions
(both must be completed). In this final
rule, we have changed punctuation and
renumbered subparagraphs, as
warranted, to improve clarity regarding
our intent.
Similarly, there were several
instances in the preamble of the
proposed rule where we suggested
wording would be revised each time it
occurred within a particular regulatory
unit, but neglected to propose to revise
each occurrence in the proposed
regulatory text for that unit. We have
corrected these drafting errors in this
final rule.
In this final rule, we are also making
minor clarifying edits to paragraph (c) of
§ 56.4, which discusses the compliance
agreements that parties must enter into
in order to receive indemnity and/or
compensation. We are clarifying that
compliance agreements are similar to a
statement of work, and may also be
referred to as a detailed financial plan.
This reflects APHIS guidance to
stakeholders regarding the scope and
intent of such compliance agreements.
In the proposed rule, we proposed
that indemnity for the destruction and
disposal of poultry would be calculated
using an indemnity calculator, rather
than an in-person appraisal of fair
VerDate Sep<11>2014
16:09 Oct 02, 2020
Jkt 253001
market value. Because APHIS is in the
process of discontinuing the use of the
calculator in favor of a different
appraisal apparatus, we have elected not
to finalize these proposed changes.
Finally, as noted above, our proposed
rule had provisions that allowed for
calculating payment for virus
elimination using a method other than
a VE calculator. However, it did not
clarify under what circumstances
APHIS would reach such a
determination. In this final rule, we are
clarifying that this will occur when the
claimant and APHIS jointly agree the VE
calculator is not applicable to the
premises type.
Therefore, for the reasons given in the
proposed rule, we are adopting the
proposed rule as a final rule with the
changes noted above.
Executive Orders 12866 and 13771 and
Regulatory Flexibility Act
This final 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. Further,
because this rule is not significant, it is
not a regulatory action under Executive
Order 13771.
We have prepared an analysis
regarding the economic effects of this
final rule on small entities. The analysis
is summarized below. Copies of the full
analysis are available on the
Regulations.gov website (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
We are amending the NPIP, its
auxiliary provisions, and the indemnity
regulations for the control of H5 and H7
low pathogenic avian influenza to align
the regulations with international
standards and make them more
transparent to stakeholders and the
general public. The changes in this final
rule were voted on and approved by the
voting delegates at the 2018 NPIP
National Plan Conference.
The establishments that will be
affected by the rule—principally entities
engaged in poultry production and
processing—are predominantly small by
Small Business Administration
standards. In those instances in which
an addition to or modification of
requirements could potentially result in
a cost to certain entities, we do not
expect the costs to be significant. NPIP
membership is voluntary. The changes
contained in this final rule were
decided upon by the NPIP General
Conference Committee and voting
delegates during the 2018 NPIP Biennial
Conference; the changes were
PO 00000
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62561
recognized by the poultry industry as
being in their interest.
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 2 CFR
chapter IV.)
Executive Order 12988
This final 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
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection requirements included in this
final rule were filed under Office of
Management and Budget (OMB) control
number 0579–0474. When OMB notifies
us of its decision, if approval is denied,
we will publish a document in the
Federal Register providing notice of
what action we plan to take.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this rule, please contact Mr. Joseph
Moxey, APHIS’ Information Collection
Coordinator, at (301) 851–2483.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs has
designated this action as a rule that is
not a major rule, as defined by 5 U.S.C.
804(2).
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List of Subjects
9 CFR Part 56
Animal diseases, Indemnity
payments, Low pathogenic avian
influenza, Poultry.
9 CFR Parts 145, 146, and 147
Animal diseases, Poultry and poultry
products, Reporting and recordkeeping
requirements.
Accordingly, we are amending 9 CFR
parts 56, 145, 146, and 147 as follows:
PART 56–CONTROL OF H5/H7 LOW
PATHOGENIC AVIAN INFLUENZA
1. The authority citation for part 56
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
2. Section 56.1 is amended as follows:
a. By adding, in alphabetical order,
definitions for Cleaning, Compensation,
and Disinfection;
■ b. By removing the definitions for H5/
H7 LPAI exposed and H5/H7 LPAI virus
infection (infected); and
■ c. By adding, in alphabetical order,
definitions for H5/H7 LPAI virus
actively infected (infectious), H5/H7
LPAI virus exposed (non-infectious),
Indemnity, and Virus elimination (VE).
The additions read as follows:
■
■
§ 56.1
Definitions.
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*
*
*
*
*
Cleaning. The removal of gross
contamination, organic material, and
debris from the premises or respective
structures, via mechanical means like
sweeping (dry cleaning) and/or the use
of water and soap or detergent (wet
cleaning), in order to minimize organic
material to prepare for effective
disinfection.
*
*
*
*
*
Compensation. In the case of H5/H7
LPAI detection, compensation
specifically refers to reimbursement for
the activities associated with the
depopulation of infected or exposed
poultry, including the disposal of
contaminated carcasses and materials
and the cleaning and disinfection of
premises, conveyances, and materials
that came into contact with infected or
exposed poultry. In the case of
contaminated materials, if the cost of
cleaning and disinfection would exceed
the value of the materials, or cleaning
and disinfection would be impracticable
for any reason, APHIS’ Veterinary
Services will base compensation on the
fair market value (depreciated value) of
those materials. Compensation does not
include payment for depopulated birds
VerDate Sep<11>2014
16:09 Oct 02, 2020
Jkt 253001
or eggs destroyed (see definition of
Indemnity in this section).
*
*
*
*
*
Disinfection. Methods used on
surfaces to destroy or eliminate H5/H7
LPAI virus through physical (e.g., heat)
or chemical (e.g., disinfectant) means. A
combination of methods may be
required.
*
*
*
*
*
H5/H7 LPAI virus actively infected
(infectious). (1) Poultry will be
considered to be actively infected with
H5/H7 LPAI for the purposes of this part
if:
(i) H5/H7 LPAI virus has been
isolated and identified as such from
poultry; or
(ii) Viral antigen or viral RNA specific
to the H5 or H7 subtype of AI virus has
been detected in poultry.
(2) The official determination that H5/
H7 LPAI virus has been isolated and
identified, or viral antigen or viral RNA
specific to the H5 or H7 subtype of AI
virus has been detected, may only be
made by the National Veterinary
Services Laboratories.
H5/H7 LPAI virus exposed (noninfectious). (1) Poultry will be
considered to be exposed (noninfectious) to H5/H7 LPAI for the
purposes of this part if:
(i) Antibodies to the H5 or H7 subtype
of the AI virus that are not a
consequence of vaccination have been
detected in poultry; and
(ii) Samples collected from the flock
using real-time reverse transcription
polymerase chain reaction (RT–PCR) or
virus isolation are determined to be not
infectious for H5/H7 LPAI.
(2) The official determination that H5/
H7 LPAI virus exposure has occurred is
by the identification of antibodies to the
H5 or H7 subtype of AI virus detected
and may only be made by the National
Veterinary Services Laboratories.
Indemnity. Payments representing the
fair market value of destroyed birds and
eggs. Indemnity does not include
reimbursements for depopulation,
disposal, destroyed materials, or
cleaning and disinfection (virus
elimination) activities; these activities
are covered under compensation (see
definition of Compensation in this
section).
*
*
*
*
*
Virus elimination (VE). Cleaning and
disinfection measures conducted to
destroy or eliminate all AI virus on an
affected premises.
■ 3. Section 56.3 is amended by revising
the section heading and paragraphs (a)
introductory text, (b), and (c) to read as
follows:
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§ 56.3 Payment of indemnity and/or
compensation.
(a) Activities eligible for indemnity
and/or compensation. The
Administrator may pay indemnity and/
or compensation for the activities listed
in this paragraph (a), as provided in
paragraph (b) of this section:
*
*
*
*
*
(b) Percentage of costs eligible for
indemnity and/or compensation. Except
for poultry that are described by the
categories in this paragraph (b), the
Administrator is authorized to pay 100
percent of the costs and/or
compensation, as determined in
accordance with § 56.4, of the activities
described in paragraphs (a)(1) through
(3) of this section, regardless of whether
the infected or exposed poultry
participate in the Plan. For infected or
exposed poultry that are described by
the categories in this paragraph (b), the
Administrator is authorized to pay 25
percent of the costs of the activities
described in paragraphs (a)(1) through
(3) of this section:
(1)(i) The poultry are from a breeding
flock, commercial flock, or slaughter
plant that participates in any Plan
program in part 145 or 146 of this
chapter but that does not participate in
the U.S. Avian Influenza Clean, U.S.
H5/H7 Avian Influenza Clean, or U.S.
H5/H7 Avian Influenza Monitored
program of the Plan available to the
flock in part 145 or 146 of this chapter;
and
(ii) The poultry are from:
(A) A commercial table-egg laying
premises with at least 75,000 birds; or
(B) A meat-type chicken slaughter
plant that slaughters at least 200,000
meat-type chickens in an operating
week; or
(C) A meat-type turkey slaughter plant
that slaughters at least 2 million meattype turkeys in a 12-month period; or
(D) A commercial waterfowl and
commercial upland game bird slaughter
plant that slaughters at least 50,000
birds annually; or
(E) A raised-for-release upland game
bird premises, raised-for-release
waterfowl premises, and commercial
upland game bird or commercial
waterfowl producing eggs for human
consumption premises that raise at least
25,000 birds annually; or
(F) A breeder flock premises with at
least 5,000 birds.
(2) The poultry are located in a State
that does not participate in the
diagnostic surveillance program for H5/
H7 LPAI, as described in § 146.14 of this
chapter, or that does not have an initial
State response and containment plan for
H5/H7 LPAI that is approved by APHIS
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under § 56.10, unless such poultry
participate in the Plan with another
State that does participate in the
diagnostic surveillance program for H5/
H7 LPAI, as described in § 146.14 of this
chapter, and has an initial State
response and containment plan for H5/
H7 LPAI that is approved by APHIS
under § 56.10.
(c) Other sources of payment. If the
recipient of indemnity and/or
compensation for any of the activities
listed in paragraphs (a)(1) through (3) of
this section also receives payment for
any of those activities from a State or
from other sources, the indemnity and/
or compensation provided under this
part may be reduced by the total amount
of payment received from the State or
other sources to the extent that total
payments do not exceed 100 percent of
total reimbursable indemnity and/or
compensation amounts.
■ 4. Section 56.4 is revised to read as
follows:
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§ 56.4 Determination of indemnity and/or
compensation amounts.
(a) Destruction and disposal of
poultry. (1) Indemnity for the
destruction of poultry and/or eggs
infected with or exposed to H5/H7 LPAI
will be based on the fair market value
of the poultry and/or eggs, as
determined by an appraisal. Poultry
infected with or exposed to H5/H7 LPAI
that are removed by APHIS or a
Cooperating State Agency from a flock
will be appraised by an APHIS official
appraiser and a State official appraiser
jointly, or, if APHIS and State
authorities agree, by either an APHIS
official appraiser or a State official
appraiser alone. For laying hens, the
appraised value should include the
hen’s projected future egg production.
Appraisals of poultry must be reported
on forms furnished by APHIS and
signed by the appraisers and must be
signed by the owners of the poultry to
indicate agreement with the appraisal
amount. Appraisals of poultry must be
signed by the owners of the poultry
prior to the destruction of the poultry,
unless the owners, APHIS, and the
Cooperating State Agency agree that the
poultry may be destroyed immediately.
Reports of appraisals must show the
number of birds and the value per head.
(2) Compensation for disposal of
poultry and/or eggs infected with or
exposed to H5/H7 LPAI will be based on
receipts or other documentation
maintained by the claimant verifying
expenditures for disposal activities
authorized by this part. Any disposal of
poultry infected with or exposed to H5/
H7 LPAI for which compensation is
requested must be performed under a
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compliance agreement between the
claimant and APHIS. APHIS will review
claims for compensation for disposal to
ensure that all expenditures relate
directly to activities described in § 56.5
and in the initial State response and
containment plan described in § 56.10.
If disposal is performed by the
Cooperating State Agency, APHIS will
compensate the Cooperating State
Agency for disposal under a cooperative
agreement.
(3) The destruction and disposal of
the poultry and/or eggs must be
conducted in accordance with the initial
State response and containment plan for
H5/H7 LPAI, as described in § 56.10.
(b) Cleaning and disinfection (virus
elimination). (1) Compensation for
cleaning and disinfection (virus
elimination) of premises, conveyances,
and materials that came into contact
with poultry that are infected with or
exposed to H5/H7 LPAI will be
determined using the current APHIS
flat-rate virus elimination (VE)
calculator in effect at the time of the
infection, except in instances when the
claimant and APHIS jointly agree the VE
calculator is not applicable to the
premises type.
(2) For premises types for which a
flat-rate VE calculator is not applicable,
reimbursement will be based on receipts
or other documentation maintained by
the claimant verifying expenditures for
cleaning and disinfection (virus
elimination) activities authorized by
this part. Any cleaning and disinfection
(virus elimination) of premises,
conveyances, and materials for which
compensation is requested must be
performed under a compliance
agreement between the claimant, the
Cooperating State Agency, and APHIS.
APHIS will review claims for
compensation for cleaning and
disinfection (virus elimination) to
ensure that all expenditures relate
directly to activities described in § 56.5
and in the initial State response and
containment plan described in § 56.10.
(i) In the case of materials, if the cost
of cleaning and disinfection (virus
elimination) would exceed the value of
the materials or cleaning and
disinfection (virus elimination) would
be impracticable for any reason,
compensation for the destruction of the
materials will be based on the fair
market value (depreciated value) of
those materials, as determined by an
appraisal. Materials will be appraised by
an APHIS official appraiser.
Compensation for disposal of the
materials will be based on receipts or
other documentation maintained by the
claimant verifying expenditures for
disposal activities authorized by this
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part. Appraisals of materials must be
reported on forms furnished by APHIS
and must be signed by the appraisers
and by the owners of the materials to
indicate agreement with the appraisal
amount. Appraisals of materials must be
signed and received by APHIS prior to
the disassembly or destruction of the
materials, unless the owners, APHIS,
and the Cooperating State Agency agree
in writing that the materials may be
disassembled and/or destroyed
immediately. Any disposal of materials
for which compensation is requested
must be performed under a compliance
agreement between the claimant, the
Cooperating State Agency, and APHIS.
APHIS will review claims for
compensation for disposal to ensure that
all expenditures relate directly to
activities described in § 56.5 and in the
initial State response and containment
plan described in § 56.10.
(ii) [Reserved]
(c) Requirements for compliance
agreements. The compliance agreement
is a comprehensive document that
describes the depopulation, disposal,
and cleaning and disinfection plans for
poultry that were infected with or
exposed to H5/H7 LPAI, or a premises
that contained such poultry. The
compliance agreement must set out cost
estimates that include labor, materials,
supplies, equipment, personal
protective equipment, and any
additional information deemed
necessary by APHIS. A compliance
agreement is comparable to a statement
of work and must indicate what tasks
will be completed, who will be
responsible for each task, and how
much the work is expected to cost. A
compliance agreement may also be
referred to as a detailed financial plan.
Once work associated with the
compliance agreement is completed,
receipts and documentation detailing
the activities specified in the agreement
should be forwarded to APHIS for
review, approval, and final payment.
This documentation should be
submitted to APHIS no later than 30
days after the quarantine release of the
affected or exposed premises.
(Approved by the Office of Management and
Budget under control numbers 0579–0007
and 0579–0474)
5. Section 56.5 is amended as follows:
a. By revising the section heading;
b. In paragraph (c)(1) introductory
text, by adding the words ‘‘and maintain
their current National Poultry
Improvement Plan (NPIP) certifications’’
after the words ‘‘controlled marketing’’;
and
■ c. By revising paragraphs (c)(2) and
(d).
■
■
■
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The revisions read as follows:
§ 56.5 Destruction and disposal of poultry
and cleaning and disinfection (virus
elimination) of premises, conveyances, and
materials.
*
*
*
*
*
(c) * * *
(2) Poultry moved for controlled
marketing will not be eligible for
indemnity under § 56.3. However, any
costs related to cleaning and
disinfection (virus elimination) of
premises, conveyances, and materials
that came into contact with poultry that
are moved for controlled marketing will
be eligible for compensation under
§ 56.3.
(d) Cleaning and disinfection (virus
elimination) of premises, conveyances,
and materials. Premises, conveyances,
and materials that came into contact
with poultry infected with or exposed to
H5/H7 LPAI must be cleaned and
disinfected; Provided, that materials for
which the cost of cleaning and
disinfection would exceed the value of
the materials or for which cleaning and
disinfection would be impracticable for
any reason may be destroyed and
disposed. Cleaning and disinfection
must be performed in accordance with
the initial State response and
containment plan described in § 56.10,
which must be approved by APHIS.
Cleaning and disinfection must also be
performed in accordance with any
applicable State and local
environmental regulations.
■ 6. Section 56.6 is amended as follows:
■ a. By revising the section heading;
■ b. In paragraph (a), by removing the
word ‘‘Compensation’’ and adding the
word ‘‘Indemnity’’ in its place;
■ c. By revising paragraph (b); and
■ d. In paragraph (c), by adding the
words ‘‘(virus elimination)’’ after the
word ‘‘disinfection’’ each time it
appears.
The revision reads as follows:
§ 56.6 Presentation of claims for indemnity
and/or compensation.
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*
*
*
*
*
(b) Indemnity for the value of eggs to
be destroyed due to infection or
exposure to H5/H7 LPAI; and
*
*
*
*
*
■ 7. Section 56.8 is amended as follows:
■ a. In paragraph (a) introductory text,
by removing the word ‘‘may’’ and
adding the word ‘‘shall’’ in its place;
and
■ b. By revising paragraph (b).
The revision reads as follows:
§ 56.8
Conditions for payment.
*
*
*
*
*
(b)(1) If indemnity for the destroyed
poultry or eggs is being provided for 100
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Jkt 253001
percent of eligible costs under § 56.3(b),
the Administrator may pay contractors
eligible for indemnity under this section
100 percent of the amount determined
in paragraph (a) of this section.
(2) If indemnity for the destroyed
poultry or eggs is being provided for 25
percent of eligible costs under § 56.3(b),
the Administrator may pay contractors
eligible for indemnity under this section
25 percent of the amount determined in
paragraph (a) of this section.
*
*
*
*
*
§ 56.9
[Amended]
8. Section 56.9 is amended as follows:
a. In paragraph (a), by removing the
citation ‘‘§ 56.4(a)(1)’’ and adding the
citation ‘‘§ 56.4(a)’’ in its place; and
■ b. In paragraph (b), by adding the
words ‘‘and/or compensation’’ after the
word ‘‘indemnity’’ both times it
appears.
■ 9. Section 56.10 is amended as
follows:
■ a. In paragraph (a) introductory text,
by adding the words ‘‘and/or
compensation’’ after the word
‘‘indemnity’’; and
■ b. By adding an OMB citation at the
end of the section.
The addition reads as follows:
■
■
§ 56.10 Initial State response and
containment plan.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 0579–0474)
PART 145—NATIONAL POULTRY
IMPROVEMENT PLAN FOR BREEDING
POULTRY
10. The authority citation for part 145
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
11. Section 145.1 is amended as
follows:
■ a. By revising the definition for Avian
influenza;
■ b. By adding, in alphabetical order, a
definition for Newcastle disease; and
■ c. By revising the definition for NPIP
Program Standards.
The revisions and addition read as
follows:
■
§ 145.1
Definitions.
*
*
*
*
*
Avian influenza. Avian influenza is
defined as an infection of poultry
caused by any influenza A virus of the
H5 or H7 subtypes or by any influenza
A virus with an intravenous
pathogenicity index (IVPI) greater than
1.2 (or as an alternative at least 75
percent mortality).
*
*
*
*
*
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Newcastle disease. Newcastle disease
(ND) is defined as an infection of
poultry caused by Newcastle disease
virus (NDV), which is an avian
paramyxovirus serotype 1 (APMV–1)
that meets one of the following criteria
for virulence:
(1) The virus has an intracerebral
pathogenicity index (ICPI) in day-old
chicks (Gallusgallus) of 0.7 or greater; or
(2) Multiple basic amino acids have
been demonstrated in the virus (either
directly or by deduction) at the Cterminus of the F2 protein and
phenylalanine at residue 117, which is
the N-terminus of the F1 protein. The
term ‘multiple basic amino acids’ refers
to at least three arginine or lysine
residues between residues 113 and 116.
Failure to demonstrate the characteristic
pattern of amino acid residues as
described in the preceding sentences
would require characterization of the
isolated virus by an ICPI test.
NPIP Program Standards. A
document that contains tests and
sanitation procedures approved by the
Administrator in accordance with
§ 147.53 of this subchapter for use under
this subchapter. This document may be
obtained from the National Poultry
Improvement Plan (NPIP) website at
http://www.poultryimprovement.org/ or
by writing to the Service at National
Poultry Improvement Plan, APHIS,
USDA, 1506 Klondike Road, Suite 101,
Conyers, GA 30094.
*
*
*
*
*
■ 12. Section 145.7 is revised to read as
follows:
§ 145.7 Specific provisions for
participating dealers.
Dealers in hatching eggs, newly
hatched poultry, or started poultry shall
comply with the provisions in this part
(within the NPIP Program Standards
document, Program Standard C applies
to hatcheries; alternatives to the
program standards may also be
approved by the Administrator under
§ 147.53 of this subchapter).
■ 13. Section 145.14 is amended as
follows:
■ a. By revising paragraphs (d)(1) and
(2) introductory text; and
■ b. By adding paragraph (e).
The revisions and addition read as
follows:
§ 145.14
Testing.
*
*
*
*
*
(d) * * *
(1) Antibody detection tests—(i)
Enzyme-linked immunosorbent assay
(ELISA) test. (A) The ELISA test must be
conducted using test kits approved by
the Department and the Official State
Agency and must be conducted in
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accordance with the recommendations
of the producer or manufacturer.
(B) When positive ELISA samples are
identified, an AGID test must be
conducted within 48 hours.
(ii) Agar gel immunodiffusion (AGID)
test. (A) The AGID test must be
conducted using reagents approved by
the Department and the Official State
Agency.
(B) The AGID test for avian influenza
must be conducted in accordance with
this section (within the NPIP Program
Standards document, Program Standard
A applies to blood and yolk testing
procedures; alternatives to the program
standards may also be approved by the
Administrator under § 147.53 of this
subchapter) for the avian influenza agar
gel immunodiffusion (AGID) test. The
test can be conducted on egg yolk or
blood samples. The AGID test is not
recommended for use in waterfowl.
(C) Positive tests for the AGID must be
further tested by Federal Reference
Laboratories using appropriate tests for
confirmation. Final judgment may be
based upon further sampling and
appropriate tests for confirmation.
(2) Agent detection tests. Agent
detection tests may be used to detect
influenza A virus but not to determine
hemagglutinin or neuraminidase
subtypes. Samples for agent detection
testing should be collected from
naturally occurring flock mortality or
clinically ill birds.
*
*
*
*
*
(e) For Newcastle Disease (ND). The
official tests for ND are serological tests
for antibody detection or molecularbased tests for antigen detection.
*
*
*
*
*
§ 145.23
14. Section 145.23 is amended as
follows:
■ a. By removing paragraphs (d)(1)(vi)
and (vii) and redesignating paragraphs
(d)(1)(viii) and (ix) as paragraphs
(d)(1)(vi) and (vii), respectively; and
b. By removing paragraph (d)(3) and
redesignating paragraphs (d)(4) and (5)
as paragraphs (d)(3) and (4),
respectively.
[Amended]
15. In § 145.24, paragraph (a)(1)(i) is
amended by removing ‘‘§ 145.23(b)(3)(i)
through (vii), § 145.33(b)(3)(i) through
(vii), § 145.43(b)(3)(i) through (vi),
§ 145.53(b)(3)(i) through (vii),
§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and
§ 145.93(b)(3)(i) through (vii)’’ and
adding ‘‘§§ 145.23(b)(3)(i) through (vii),
145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi),
145.53(b)(3)(i) through (vii),
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■
VerDate Sep<11>2014
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§ 145.33 Terminology and classification;
flocks and products.
*
*
*
*
*
(l) * * *
(2) During each 90-day period, all
multiplier spent fowl, up to a maximum
of 30, must be tested and found negative
for avian influenza within 21 days prior
to movement to slaughter.
*
*
*
*
*
§ 145.34
[Amended]
17. In § 145.34, paragraph (a)(1)(i) is
amended by removing ‘‘§ 145.23(b)(3)(i)
through (vii), § 145.33(b)(3)(i) through
(vii), § 145.43(b)(3)(i) through (vi),
§ 145.53(b)(3)(i) through (vii),
§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and
§ 145.93(b)(3)(i) through (vii)’’ and
adding ‘‘§§ 145.23(b)(3)(i) through (vii),
145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi),
145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix)’’ in its
place.
■ 18. Section 145.43 is amended by
adding paragraph (h) and revising the
OMB citation at the end of the section
to read as follows:
■
§ 145.43 Terminology and classification;
flocks and products.
[Amended]
■
§ 145.24
145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix)’’ in its
place.
■ 16. Section 145.33 is amended as
follows:
■ a. In paragraph (l)(1)(ii), by removing
the number ‘‘30’’ and adding the
number ‘‘15’’ in its place; and
■ b. By revising paragraph (l)(2).
The revision reads as follows:
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*
*
*
*
*
(h) U.S. Newcastle Disease Clean. The
program in this paragraph (h) is
intended to be the basis from which the
breeding-hatchery industry may
conduct a program for the prevention
and control of Newcastle disease. It is
intended to determine the presence of
Newcastle disease in primary breeding
turkeys through vaccination and/or
monitoring of each participating
breeding flock. A flock and the hatching
eggs and poults produced from it will
qualify for classification in this
paragraph (h) when the Official State
Agency determines that they have met
the following requirements:
(1) It is a primary breeding flock that
is either:
(i) Vaccinated for Newcastle disease
using USDA-licensed vaccines and
response to vaccination is serologically
monitored using an approved test as
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62565
described in § 145.14 when more than 4
months of age, and meets the criteria in
paragraph (h)(2) of this section to retain
classification; or
(ii) Unvaccinated for Newcastle
disease, in which a minimum of 30
birds have tested negative to ND using
an approved test as described in
§ 145.14 when more than 4 months of
age and meets criteria in paragraph
(h)(3) of this section to retain
classification.
(2) To retain the classification in this
paragraph (h) for vaccinated flocks:
(i) Vaccines for ND must be USDAlicensed vaccines administered during
early stages of development through
rearing, and inactivated vaccines as
final vaccination prior to the onset of
egg production; and
(ii) The flock has been monitored for
antibody response using approved
serological tests as listed in § 145.14 and
the results are compatible with
immunological response against ND
vaccination; and
(iii) Testing must include a minimum
of 30 birds with a serologic monitoring
program when more than 4 months of
age and prior to the onset of production
and not longer than every 90 days
thereafter.
(3) To retain the classification in this
paragraph (h) for unvaccinated flocks:
(i) A minimum of 30 birds per flock
must test negative using an approved
test in § 145.14 at intervals of 90 days;
or
(ii) A sample of fewer than 30 birds
may be tested, and found negative, at
any one time if all pens are equally
represented and a total of 30 birds is
tested within each 90-day period; and
(iii) During each 90-day period, all
primary spent fowl, up to a maximum
of 30, must test negative to ND within
21 days prior to movement to slaughter.
(4) Newcastle disease must be a
disease reportable to the responsible
State authority (State veterinarian, etc.)
by all licensed veterinarians. To
accomplish this, all laboratories
(private, State, and university
laboratories) that perform diagnostic
procedures on poultry must examine all
submitted cases of unexplained
respiratory disease, egg production
drops, and mortality for ND.
(Approved by the Office of Management and
Budget under control numbers 0579–0007
and 0579–0474)
§ 145.44
[Amended]
19. In § 145.44, paragraph (a)(1)(i) is
amended by removing ‘‘§ 145.23(b)(3)(i)
through (vii), § 145.33(b)(3)(i) through
(vii), § 145.43(b)(3)(i) through (vi),
§ 145.53(b)(3)(i) through (vii),
§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and
■
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§ 145.93(b)(3)(i) through (vii)’’ and
adding ‘‘§§ 145.23(b)(3)(i) through (vii),
145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi),
145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), § 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix)’’ in its
place.
■ 20. Section 145.45 is amended as
follows:
■ a. By revising paragraph (a)
introductory text;
■ b. In paragraph (a)(1) introductory
text, by adding the words ‘‘and ND’’
after the word ‘‘AI’’ each time it
appears;
■ c. In paragraph (a)(1)(i):
■ i. By adding the words ‘‘and ND Clean
in accordance with § 145.43(h)’’ after
the citation ‘‘§ 145.43(g)’’;
■ ii. By adding the words ‘‘and ND’’
after the words ‘‘official tests for AI’’
and adding the words ‘‘and (e)’’ after the
citation ‘‘§ 145.14(d)’’; and
■ iii. By removing the word ‘‘AIrelated’’ and adding the words ‘‘AI and
ND-related’’ in its place;
■ d. In paragraphs (a)(1)(iii)
introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ‘‘and
ND’’ after the word ‘‘AI’’ each time it
appears;
■ e. In paragraph (a)(1)(vi), by adding
the words ‘‘and ND’’ after the word
‘‘Influenza’’;
■ f. In paragraph (a)(2)(iii):
■ i. By removing the words ‘‘Clean
classification’’ and adding the words
‘‘and ND Clean classifications’’ in their
place;
■ ii. By adding the words ‘‘and ND’’
after the word ‘‘AI’’ both times it
appears; and
■ iii. By removing the words ‘‘avian
influenza surveillance’’ and adding the
words ‘‘avian influenza and ND
surveillance’’ in their place;
■ g. In paragraph (a)(3)(iii), by adding
the words ‘‘and ND’’ after the word
‘‘Influenza’’;
■ h. In paragraph (a)(3)(iv), by adding
the words ‘‘and ND Clean program as
described in § 145.43(h)’’ after the
citation ‘‘§ 145.43(g)’’;
■ i. In paragraph (a)(3)(vii), by adding
the words ‘‘and (h)’’ after the citation
‘‘145.43(g)’’;
■ j. In paragraph (a)(4), by adding the
words ‘‘and ND’’ after the word ‘‘AI’’
both times it appears; and
■ k. By adding an OMB citation at the
end of the section.
The revision and addition read as
follows:
§ 145.45 Terminology and classification;
compartments.
(a) US H5/H7 AI and ND Clean
Compartment. The program in this
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section is intended to be the basis from
which the primary turkey breedinghatchery industry may demonstrate the
existence and implementation of a
program that has been approved by the
Official State Agency and APHIS to
establish a compartment consisting of a
primary breeding-hatchery company
that is free of H5/H7 avian influenza
(AI) and ND. This compartment has the
purpose of protecting the defined
subpopulation and avoiding the
introduction and spread of H5/H7 AI
and ND within that subpopulation by
prohibiting contact with other
commercial poultry operations, other
domestic and wild birds, and other
intensive animal operations. The
program shall consist of the following:
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 0579–0474)
21. The heading for subpart E,
consisting of §§ 145.51 through 146.54,
is revised to read as follows:
■
Subpart E—Special Provisions for
Hobbyist and Exhibition Poultry, and
Raised-for-Release Waterfowl
Breeding Flocks and Products
22. Section 145.51 is amended as
follows:
■ a. By removing the definition for
Game birds;
■ b. By adding, in alphabetical order,
definitions for Hobbyist poultry and
Raised-for-release waterfowl; and
■ c. By removing the definition for
Waterfowl.
The additions read as follows:
■
§ 145.51
Definitions.
*
*
*
*
*
Hobbyist poultry. Domesticated fowl
which are bred for the purpose of meat
and/or egg production on a small scale
as determined by the Official State
Agency.
Raised-for-release waterfowl.
Domesticated fowl that normally swim,
such as ducks and geese, grown under
confinement for the primary purpose of
producing eggs, chicks, started, or
mature birds for release on game
preserves or in the wild.
■ 23. Section 145.52 is amended as
follows:
■ a. By revising the introductory text;
■ b. In paragraph (c), by removing the
words ‘‘in open-air facilities’’; and
■ c. By adding paragraph (f).
The revision and addition read as
follows:
§ 145.52
Participation.
Participating flocks of hobbyist and
exhibition poultry, raised-for-release
waterfowl, and the eggs, chicks, started,
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and mature poultry produced from them
shall comply with the applicable
general provisions of subpart A of this
part and the special provisions of this
subpart. The special provisions that
apply to meat-type waterfowl flocks are
found in subpart I of this part. The
special provisions that apply to game
bird flocks are found in subpart J of this
part.
*
*
*
*
*
(f) All participating raised-for-release
waterfowl flocks, regardless of whether
they are breeders or non-breeders, shall
be enrolled under this subpart.
■ 24. Section 145.53 is amended as
follows:
■ a. In the introductory text, by
removing the words ‘‘and baby’’ and
adding the words ‘‘, chicks, started, and
mature’’ in their place.
■ b. In paragraph (b)(5), by removing the
words ‘‘exhibition waterfowl or’’; and
■ c. By revising paragraph (f).
The revision reads as follows:
§ 145.53 Terminology and classification;
flocks and products.
*
*
*
*
*
(f) U.S. Salmonella Monitored. The
program in this paragraph (f) is intended
to be the basis from which the breedinghatching industry may conduct a
program for the prevention and control
of salmonellosis. It is intended to reduce
the incidence of Salmonella organisms
in hatching eggs and day-old poultry
through an effective and practical
sanitation and testing program at the
breeder farm and in the hatchery. This
will afford other segments of the poultry
industry an opportunity to reduce the
incidence of Salmonella in their
products. The following requirements
must be met for a flock or hatchery to
be eligible for the classification in this
paragraph (f) as determined by the
Official State Agency:
(1) Hatcheries must be kept in a
sanitary condition as applicable and as
outlined in § 145.6 (within the NPIP
Program Standards document, Program
Standard C applies to hatcheries;
alternatives to the program standards
may also be approved by the
Administrator under § 147.53 of this
subchapter).
(2) An Authorized Agent shall collect
and submit to an authorized laboratory:
(i) A minimum of five samples from
the hatchery at least every 30 days while
in operation. These samples may
include: Hatchery debris, swabs from
hatchers, setters, hatchery environment,
hatchery equipment, sexing tables and
belts, meconium, chick box papers,
hatching trays, or chick transfer devices.
Samples will be examined
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bacteriologically at an authorized
laboratory for Salmonella; and
(ii) Annual environmental samples
from each pullet and breeder farm in
accordance with this section (within the
NPIP Program Standards document,
Program Standard B applies to
bacteriological examination procedures;
alternatives to the program standards
may also be approved by the
Administrator under § 147.53 of this
subchapter). Samples will be examined
bacteriologically at an authorized
laboratory for Salmonella.
(3) If Salmonella is identified through
this testing:
(i) A qualified poultry health
professional knowledgeable with the
operation will be consulted and will:
(A) Review test results to evaluate the
Salmonella monitoring program.
(B) Use the Salmonella monitoring
program test results to develop
appropriate and practical Salmonella
intervention measures.
(ii) [Reserved]
(4) To claim products are of the
classification in this paragraph (f), all
products shall be derived from a farm or
hatchery that meets the requirements of
the classification.
*
*
*
*
*
§ 145.54
[Amended]
25. In § 145.54, paragraph (a)(1)(i) is
amended by removing ‘‘§ 145.23(b)(3)(i)
through (vii), § 145.33(b)(3)(i) through
(vii), § 145.43(b)(3)(i) through (vi),
§ 145.53(b)(3)(i) through (vii),
§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and
§ 145.93(b)(3)(i) through (vii)’’ and
adding ‘‘§§ 145.23(b)(3)(i) through (vii),
145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi),
145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix)’’ in its
place.
■ 26. Section 145.73 is amended as
follows:
■ a. By removing paragraphs (d)(1)(vi)
and (vii) and redesignating paragraphs
(d)(1)(viii) and (ix) as paragraphs
(d)(1)(vi) and (vii), respectively;
■ b. By removing paragraph (d)(3) and
redesignating paragraphs (d)(4) and (5)
as paragraphs (d)(3) and (4),
respectively; and
■ c. By adding paragraph (h) and an
OMB citation at the end of the section.
The additions read as follows:
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■
§ 145.73 Terminology and classification;
flocks and products.
*
*
*
*
*
(h) U.S. Newcastle Disease Clean. The
program in this paragraph (h) is
intended to be the basis from which the
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breeding-hatchery industry may
conduct a program for the prevention
and control of Newcastle disease. It is
intended to determine the presence of
Newcastle disease in primary breeding
chickens through vaccination and/or
monitoring of each participating
breeding flock. A flock and the hatching
eggs and chicks produced from it will
qualify for the classification in this
paragraph (h) when the Official State
Agency determines that they have met
the following requirements:
(1) It is a primary breeding flock that
is either:
(i) Vaccinated for Newcastle disease
using USDA-licensed vaccines and
response to vaccination is serologically
monitored using an approved test as
described in § 145.14 when more than 4
months of age and meets the criteria in
paragraph (h)(2) of this section to retain
classification; or
(ii) Unvaccinated for Newcastle
disease, in which a minimum of 30
birds have tested negative to ND using
an approved test as described in
§ 145.14 when more than 4 months of
age and meets criteria in paragraph
(h)(3) of this section to retain
classification.
(2) To retain the classification in this
paragraph (h) for vaccinated flocks:
(i) Vaccines for ND must be USDAlicensed vaccines administered during
early stages of development through
rearing, and inactivated vaccines as
final vaccination prior to the onset of
egg production; and
(ii) The flock has been monitored for
antibody response using approved
serological tests as listed in § 145.14 and
the results are compatible with
immunological response against ND
vaccination; and
(iii) Testing must include a minimum
of 30 birds with a serologic monitoring
program when more than 4 months of
age and prior to the onset of production
and not longer than every 90 days
thereafter.
(3) To retain the classification in this
paragraph (h) for unvaccinated flocks:
(i) A minimum of 30 birds per flock
must test negative using an approved
test as described in § 145.14 at intervals
of 90 days; or
(ii) A sample of fewer than 30 birds
may be tested, and found negative, at
any one time if all pens are equally
represented and a total of 30 birds is
tested within each 90-day period; and
(iii) During each 90-day period, all
primary spent fowl, up to a maximum
of 30, must test negative to ND within
21 days prior to movement to slaughter.
(4) Newcastle disease must be a
disease reportable to the responsible
State authority (State veterinarian, etc.)
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by all licensed veterinarians. To
accomplish this, all laboratories
(private, State, and university
laboratories) that perform diagnostic
procedures on poultry must examine all
submitted cases of unexplained
respiratory disease, egg production
drops, and mortality for ND.
(Approved by the Office of Management and
Budget under control number 0579–0474)
27. Section 145.74 is amended as
follows:
■ a. In paragraph (a) introductory text,
by revising the heading, adding the
words ‘‘and Newcastle disease (ND)’’
after the word ‘‘(AI)’’, and adding the
words ‘‘and ND’’ after the word ‘‘AI’’;
■ b. In paragraph (a)(1) introductory
text, by adding the words ‘‘and ND’’
after the word ‘‘AI’’ each time it
appears;
■ c. In paragraph (a)(1)(i):
■ i. By adding the words ‘‘and ND Clean
in accordance with § 145.73(h)’’ after
the words ‘‘in accordance with
§ 145.73(f)’’;
■ ii. By adding the words ‘‘and ND’’
after the words ‘‘official tests for AI’’
and adding the words ‘‘and (e)’’ after the
citation ‘‘§ 145.14(d)’’; and
■ iii. By removing the word ‘‘AIrelated’’ and adding the words ‘‘AI and
ND-related’’ in its place;
■ d. In paragraphs (a)(1)(iii)
introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ‘‘and
ND’’ after the word ‘‘AI’’ each time it
appears;
■ e. In paragraph (a)(1)(vi), by adding
the words ‘‘and ND’’ after the word
‘‘Influenza’’;
■ f. In paragraph (a)(2)(iii):
■ i. By removing the words ‘‘Clean
classification’’ and adding the words
‘‘and ND Clean classifications’’ in their
place;
■ ii. By adding the words ‘‘and ND’’
after the word ‘‘AI’’ both times it
appears; and
■ iii. By removing the words ‘‘avian
influenza surveillance’’ and adding the
words ‘‘avian influenza and ND
surveillance’’ in their place;
■ g. In paragraph (a)(3)(iii), by adding
the words ‘‘and ND’’ after the word
‘‘Influenza’’;
■ h. In paragraph (a)(3)(iv), by adding
the words ‘‘and ND Clean program as
described in
■
§ 145.73
(h)’’ after the citation ‘‘§ 145.73(f)’’;
i. In paragraph (a)(3)(vii), by removing
the citation ‘‘§§ 145.15 and 145.73(f)’’
and adding the citation ‘‘§§ 145.15,
145.73(f), and 145.73(h)’’ in its place;
■ j. In paragraph (a)(4), by adding the
words ‘‘and/or ND’’ after the word ‘‘AI’’
both times it appears; and
■
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k. By adding an OMB citation at the
end of the section.
The revision and addition read as
follows:
■
§ 145.74 Terminology and classification;
compartments.
(a) U.S. Avian Influenza and
Newcastle Disease Clean Compartment.
* * *
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 0579–0474)
28. Section 145.83 is amended as
follows:
■ a. By removing paragraph (e)(1)(iv)
and redesignating paragraphs (e)(1)(v)
and (vi) as paragraphs (e)(1)(iv) and (v),
respectively; and
■ b. By adding paragraph (h) and an
OMB citation at the end of the section.
The additions read as follows:
■
§ 145.83 Terminology and classification;
flocks and products.
jbell on DSKJLSW7X2PROD with RULES
*
*
*
*
*
(h) U.S. Newcastle Disease (ND)
Clean. The program in this paragraph
(h) is intended to be the basis from
which the breeding-hatchery industry
may conduct a program for the
prevention and control of Newcastle
disease. It is intended to determine the
presence of Newcastle disease in
primary breeding chickens through
vaccination and/or monitoring of each
participating breeding flock. A flock and
the hatching eggs and chicks produced
from it will qualify for the classification
in this paragraph (h) when the Official
State Agency determines that they have
met the following requirements:
(1) It is a primary breeding flock that
is either:
(i) Vaccinated for Newcastle disease
using USDA-licensed vaccines and
response to vaccination is serologically
monitored using an approved test as
described in § 145.14 when more than 4
months of age and meets the criteria in
paragraph (h)(2) of this section to retain
classification; or
(ii) Unvaccinated for Newcastle
disease, in which a minimum of 30
birds have tested negative to ND using
an approved test as described in
§ 145.14 when more than 4 months of
age and meets criteria in paragraph
(h)(3) of this section to retain
classification.
(2) To retain the classification in this
paragraph (h) for vaccinated flocks:
(i) Vaccines for ND must be USDAlicensed vaccines administered during
early stages of development through
rearing, and inactivated vaccines as
final vaccination prior to the onset of
egg production; and
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(ii) The flock has been monitored for
antibody response using approved
serological tests as described in § 145.14
and the results are compatible with
immunological response against ND
vaccination; and
(iii) Testing must include a minimum
of 30 birds with a serologic monitoring
program when more than 4 months of
age and prior to the onset of production,
and not longer than every 90 days
thereafter.
(3) To retain the classification in this
paragraph (h) for unvaccinated flocks:
(i) A minimum of 30 birds per flock
must test negative using an approved
test as described in § 145.14 at intervals
of 90 days; or
(ii) A sample of fewer than 30 birds
may be tested, and found negative, at
any one time if all pens are equally
represented and a total of 30 birds is
tested within each 90-day period; and
(iii) During each 90-day period, all
primary spent fowl, up to a maximum
of 30, must test negative to ND within
21 days prior to movement to slaughter.
(4) Newcastle disease must be a
disease reportable to the responsible
State authority (State veterinarian, etc.)
by all licensed veterinarians. To
accomplish this, all laboratories
(private, State, and university
laboratories) that perform diagnostic
procedures on poultry must examine all
submitted cases of unexplained
respiratory disease, egg production
drops, and mortality for ND.
(Approved by the Office of Management and
Budget under control number 0579–0474)
29. Section 145.84 is amended as
follows:
■ a. In paragraph (a) introductory text,
by revising the heading, adding the
words ‘‘and Newcastle disease (ND)’’
after the words ‘‘influenza (AI)’’, and
adding the words ‘‘and ND’’ after the
words ‘‘H5/H7 AI’’;
■ b. In paragraph (a)(1) introductory
text, by adding the words ‘‘and ND’’
after the word ‘‘AI’’ each time it
appears;
■ c. By revising paragraph (a)(1)(i);
■ d. In paragraphs (a)(1)(iii)
introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ‘‘and
ND’’ after the word ‘‘AI’’ each time it
appears;
■ e. In paragraph (a)(1)(vi), by adding
the words ‘‘and ND’’ after the word
‘‘Influenza’’;
■ f. In paragraph (a)(2)(iii):
■ i. Removing the words ‘‘Clean
classification’’ and adding the words
‘‘and ND Clean classifications’’ in their
place;
■ ii. Adding the words ‘‘and ND’’ after
the word ‘‘AI’’ both times it appears;
and
■
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iii. Removing the words ‘‘avian
influenza surveillance’’ and adding the
words ‘‘avian influenza and ND
surveillance’’ in their place;
■ g. In paragraph (a)(3)(iv), by adding
the words ‘‘and ND Clean program as
described in § 145.83(h)’’ after the
citation ‘‘§ 145.83(g)’’;
■ h. In paragraph (a)(3)(vii), by adding
the words ‘‘and (h)’’ after the citation
‘‘145.83(g)’’;. and
■ i. By adding an OMB citation at the
end of the section.
The revisions and addition read as
follows:
■
§ 145.84 Terminology and classification;
compartments.
(a) U.S. Avian Influenza and
Newcastle Disease Clean Compartment.
* * *
(1) * * *
(i) Definition and description of the
subpopulation of birds and their health
status. All birds included in the
compartment must be U.S. Avian
Influenza Clean in accordance with
§ 145.83(g) and ND Clean in accordance
with § 145.83(h). The poultry must also
be located in a State that has an initial
State response and containment plan
approved by APHIS under § 56.10 of
this chapter and that participates in the
diagnostic surveillance program for H5/
H7 low pathogenicity AI as described in
§ 145.15. Within the compartment, all
official tests for AI and ND, as described
in § 145.14(d) and (e), must be
conducted in State or Federal
laboratories or in NPIP authorized
laboratories that meet the minimum
standards described in § 147.52 of this
subchapter. In addition, the company
must provide to the Service upon
request any relevant historical and
current H5/H7 AI and ND-related data
for reference regarding surveillance for
the disease and the health status of the
compartment. Upon request, the Official
State Agency may provide such data for
other commercial poultry populations
located in the State.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 0579–0474)
§ 145.94
[Amended]
30. In § 145.94, paragraph (a)(1)(i) is
amended by removing the word ‘‘and’’
and adding ‘‘, and 145.103(b)(3)(i)
through (ix)’’ after the citation
‘‘145.93(b)(3)(i) through (vii)’’.
■ 31. Subpart J, consisting of §§ 145.101
to 145.104, is added to read as follows:
■
Subpart J—Special Provisions for Egg/
Meat-Type Game Bird and Raised-forRelease Game Bird Breeding Flocks and
Products
Sec.
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145.101 Definitions.
145.102 Participation.
145.103 Terminology and classification;
flocks and products.
145.104 Terminology and classification;
States.
Subpart J—Special Provisions for Egg/
Meat-Type Game Bird and Raised-forRelease Game Bird Breeding Flocks
and Products
§ 145.101
Definitions.
Except where the context otherwise
requires, for the purposes of this subpart
the following terms shall be construed,
respectively, to mean:
Egg/meat-type bird. Birds grown
under confinement for the primary
purpose of producing eggs and/or meat
for human consumption.
Game birds. Domesticated fowl such
as pheasants, partridge, quail, grouse,
and guineas, but not doves and pigeons.
Raised-for-release bird. Birds grown
under confinement for the primary
purpose of producing eggs, chicks,
started, or mature birds for release on
game preserves or in the wild.
jbell on DSKJLSW7X2PROD with RULES
§ 145.102
Participation.
Participating flocks of egg/meat-type
game birds, raised-for-release game
birds, and the products produced from
them shall comply with the applicable
general provisions of subpart A of this
part and the special provisions of this
subpart. Participation is broken into the
following categories of operation and
products:
(a) The categories for operation are:
(1) Breeder. An individual or business
that maintains a breeding flock for the
purpose of producing eggs, chicks,
started, or mature birds. A breeder that
is also a hatchery and/or grower shall be
categorized as a breeder.
(2) Hatchery. A category of operations
in which an individual or business does
not have a breeding flock, but hatches
eggs for the purpose of producing
chicks, started, or mature birds. A
hatchery that is also a grower shall be
categorized as a hatchery.
(3) Grower. A category of operations
in which an individual or business does
not have a breeding flock or hatchery,
but raises birds for the purpose of
selling started or mature birds.
(4) Dealer. An individual or business
that resells eggs, chicks, started, or
mature birds. Products a dealer handles
are typically resold within 30 days or
less.
(b) The categories for products are:
(1) Egg. An egg laid by a female bird
for the purpose of hatching a chick.
(2) Chick. A bird that is newly
hatched from an egg.
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(3) Started bird. A bird that is between
the age of a newly hatched chick and a
mature bird.
(4) Mature bird. A bird that is fully
colored and has reached the average
maximum size specific to each species.
(c) Products shall lose their identity
under Plan terminology when not
maintained by Plan participants under
the conditions prescribed in § 145.5(a).
(d) Hatching eggs produced by
breeding flocks shall be nest clean,
fumigated, or otherwise sanitized in
accordance with part 147 of this
subchapter.
(e) It is recommended that
gallinaceous flocks and waterfowl flocks
be kept separate.
(f) Any nutritive material provided to
baby poultry must be free of the avian
pathogens that are officially represented
in the Plan disease classifications listed
in § 145.10.
(g) A flock of game birds that are not
breeders, but are located on the same
premise as game bird breeders, shall be
covered under the same NPIP hatchery
approval number as long as the
appropriate testing requirements have
been met.
(h) All participating raised-for-release
game bird flocks, regardless of whether
they are breeders or non-breeders, shall
be enrolled under this subpart.
(i) A breeder, hatchery, or grower may
also be a dealer without being
categorized as a dealer. To resell
products under the assigned NPIP
number and avoid losing NPIP flock
classifications, products must be
purchased from an NPIP participant
with equal or greater classifications or
from a flock with equivalent or greater
testing requirements under official
supervision.
(j) Subject to the approval of the
Service and the Official State Agencies
in the importing and exporting States,
participating flocks may report poultry
sales to importing States by using either
VS Form 9–3, ‘‘Report of Sales of
Hatching Eggs, Chicks, and Poults,’’ or
by using an invoice form (9–3I)
approved by the Official State Agency
and the Service to identify poultry sales
to clients. If the 9–3I form is used, the
following information must be included
on the form:
(1) The form number ‘‘9–3I’’, printed
or stamped on the invoice;
(2) The seller name and address;
(3) The date of shipment;
(4) The invoice number;
(5) The purchaser name and address;
(6) The quantity of products sold;
(7) Identification of the products by
bird variety or by NPIP stock code as
listed in the NPIP APHIS 91–55–078
appendix; and
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(8) The appropriate NPIP illustrative
design in § 145.10. One of the designs in
§ 145.10(b) or (g) must be used. The
following information must be provided
in or near the NPIP design:
(i) The NPIP State number and NPIP
approval number; and
(ii) The NPIP classification for which
product is qualified (e.g., U.S. PullorumTyphoid Clean).
§ 145.103 Terminology and classification;
flocks and products.
Participating flocks, and the eggs,
chicks, started, and mature birds
produced from them, which have met
the respective requirements specified in
this section may be designated by the
following terms and the corresponding
designs illustrated in § 145.10.
(a) [Reserved]
(b) U.S. Pullorum-Typhoid Clean. A
flock in which freedom from pullorum
and typhoid has been demonstrated to
the Official State Agency under
paragraph (b)(1), (2), or (3) of this
section. (See § 145.14 relating to the
official blood test where applicable.):
(1) It has been officially blood tested
within the past 12 months with either
no reactors or reactors that, upon further
bacteriological examination conducted
in accordance with part 147 of this
subchapter, fail to isolate S. pullorum or
S. gallinarum.
(2) It is a started or mature bird flock
that meets the following specifications
as determined by the Official State
Agency and the Service:
(i) The flock is located in a State
where all persons performing poultry
disease diagnostic services within the
State are required to report to the
Official State Agency within 48 hours
the source of all poultry specimens from
which S. pullorum or S. gallinarum is
isolated;
(ii) The flock is composed entirely of
birds that originated from U.S.
Pullorum-Typhoid Clean breeding
flocks or from flocks that met equivalent
requirements under official supervision;
and
(iii) The flock is located on a premises
where a flock not classified as U.S.
Pullorum-Typhoid Clean was located
the previous year; Provided, That an
Authorized Testing Agent must blood
test up to 300 birds per flock, as
described in § 145.14, if the Official
State Agency determines that the flock
has been exposed to pullorum-typhoid.
In making determinations of exposure
and setting the number of birds to be
blood tested, the Official State Agency
shall evaluate the results of any blood
tests, described in § 145.14(a)(1), that
were performed on an unclassified flock
located on the premises during the
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previous year; the origins of the
unclassified flock; and the probability of
contacts between the flock for which
qualification is being sought and
infected wild birds, contact between the
flock for which qualification is being
sought and contaminated feed or waste,
or contact between the flock for which
qualification is being sought and birds,
equipment, supplies, or personnel from
flocks infected with pullorum-typhoid.
(3) It is a breeding flock that
originated from U.S. Pullorum-Typhoid
Clean breeding flocks or from flocks that
met equivalent requirements under
official supervision, and in which a
sample of 300 birds from flocks of more
than 300, and each bird in flocks of 300
or less, has been officially tested for
pullorum-typhoid with no reactors or
reactors that upon bacteriologic
examination fail to reveal PullorumTyphid: Provided, That a bacteriological
examination monitoring program or
serological examination monitoring
program for game birds acceptable to the
Official State Agency and approved by
the Service may be used in lieu of
annual blood testing: And provided
further, That it is located in a State in
which it has been determined by the
Service that:
(i) All hatcheries within the State are
qualified as ‘‘National Plan Hatcheries’’
or have met equivalent requirements for
pullorum-typhoid control under official
supervision;
(ii) All hatchery supply flocks within
the State are qualified as U.S. PullorumTyphoid Clean or have met equivalent
requirements for pullorum-typhoid
control under official supervision:
Provided, That if other domesticated
fowl, except waterfowl, are maintained
on the same premises as the
participating flock, freedom from
pullorum-typhoid infection shall be
demonstrated by an official blood test of
each of these fowl;
(iii) All shipments of products other
than U.S. Pullorum-Typhoid Clean, or
equivalent, into the State are prohibited;
(iv) All persons performing poultry
disease diagnostic services within the
State are required to report to the
Official State Agency within 48 hours
the source of all poultry specimens from
which S. pullorum or S. gallinarum is
isolated;
(v) All reports of any disease outbreak
involving a disease covered under the
Plan are promptly followed by an
investigation by the Official State
Agency to determine the origin of the
infection; Provided, That if the origin of
the infection involves another State, or
if there is exposure to poultry in another
State from the infected flock, then the
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16:09 Oct 02, 2020
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National Poultry Improvement Plan will
conduct an investigation;
(vi) All flocks found to be infected
with pullorum or typhoid are
quarantined until marketed or destroyed
under the supervision of the Official
State Agency, or until subsequently
blood tested, following the procedure
for reacting flocks as contained in
§ 145.14(a)(5), and all birds fail to
demonstrate pullorum or typhoid
infection;
(vii) All poultry, including exhibition,
exotic, and game birds, but excluding
waterfowl, going to public exhibition
shall come from U.S. Pullorum-Typhoid
Clean or equivalent flocks, or have had
a negative pullorum-typhoid test within
90 days of going to public exhibition;
and
(viii) The flock is located in a State in
which pullorum disease or fowl typhoid
is not known to exist nor to have existed
in hatchery supply flocks within the
State during the preceding 24 months.
(ix) Discontinuation of any of the
conditions or procedures described in
paragraphs (b)(3)(i) through (viii) of this
section, or the occurrence of repeated
outbreaks of pullorum or typhoid in
poultry breeding flocks within or
originating within the State shall be
grounds for the Service to revoke its
determination that such conditions and
procedures have been met or complied
with. Such action shall not be taken
until a thorough investigation has been
made by the Service and the Official
State Agency has been given an
opportunity to present its views.
(c) U.S. H5/H7 Avian Influenza Clean.
The program in this paragraph (c) is
intended to be the basis from which the
game bird industry may conduct a
program for the prevention and control
of the H5 and H7 subtypes of avian
influenza. It is intended to determine
the presence of the H5 and H7 subtypes
of avian influenza in game bird flocks
through routine surveillance of each
participating flock. A flock or premises,
and the hatching eggs, chicks, started,
and mature birds produced from it, will
qualify for the classification in this
paragraph (c) when the Official State
Agency determines that it has met the
following requirements:
(1) It is a flock in which a minimum
of 30 birds has been tested negative to
the H5 and H7 subtypes of avian
influenza as provided in § 145.14(d)
when more than 4 months of age. To
retain the classification in this
paragraph (c):
(i) A sample of at least 30 birds must
be tested negative at intervals of 90
days; or
(ii) A sample of fewer than 30 birds
may be tested, and found to be negative,
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Sfmt 4700
at any one time if all pens are equally
represented and a total of 30 birds are
tested within each 90-day period.
(2) For participants with non-breeding
flocks retained for raised-for-release or
other purposes on the same premises as
a breeding flock, a representative
sample of at least 30 birds from the
participating premises must be tested
negative to the H5 and H7 subtypes of
avian influenza as provided in
§ 145.14(d) when more than 4 months of
age, every 90 days.
(d) U.S. Salmonella Monitored. The
program in this paragraph (d) is
intended to be the basis from which the
game bird industry may conduct a
program for the prevention and control
of salmonellosis. It is intended to reduce
the incidence of Salmonella organisms
in day-old poultry through an effective
and practical sanitation program in the
hatchery. This will afford other
segments of the poultry industry an
opportunity to reduce the incidence of
Salmonella in their products. The
following requirements must be met for
a flock to be of this classification in this
paragraph (d):
(1) An Authorized Agent shall collect
a minimum of five environmental
samples, e.g., chick papers, hatching
trays, and chick transfer devices, from
the hatchery at least every 30 days.
Testing must be performed at an
authorized laboratory.
(2) To claim products are of the
classification in this paragraph (d), all
products shall be derived from a
hatchery that meets the requirements of
the classification.
(3) The classification in this
paragraph (d) may be revoked by the
Official State Agency if the participant
fails to follow recommended corrective
measures.
§ 145.104
States.
Terminology and classification;
(a) U.S. Pullorum-Typhoid Clean
State. (1) A State will be declared a U.S.
Pullorum-Typhoid Clean State when it
has been determined by the Service that:
(i) The State is in compliance with the
provisions contained in
§§ 145.23(b)(3)(i) through (vii),
145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi),
145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix).
(ii) No pullorum disease or fowl
typhoid is known to exist nor to have
existed in hatchery supply flocks within
the State during the preceding 12
months: Provided, That pullorum
disease or fowl typhoid found within
the preceding 24 months in waterfowl,
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Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations
exhibition poultry, and game bird
breeding flocks will not prevent a State,
which is otherwise eligible, from
qualifying.
(2) If there is discontinuation of any
of the conditions described in paragraph
(a)(1)(i) of this section, or repeated
outbreaks of pullorum or typhoid occur
in hatchery supply flocks described in
paragraph (a)(1)(ii) of this section, or if
an infection spreads from the
originating premises, the Service shall
have grounds to revoke its
determination that the State is entitled
to this classification in this paragraph
(a). Such action shall not be taken until
a thorough investigation has been made
by the Service and the Official State
Agency has been given an opportunity
for a hearing in accordance with rules
of practice adopted by the
Administrator.
(b) [Reserved]
PART 146—NATIONAL POULTRY
IMPROVEMENT PLAN FOR
COMMERCIAL POULTRY
32. The authority citation for part 146
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
33. Section 146.13 is amended as
follows:
■ a. By revising paragraph (b)(1); and
■ b. In paragraph (b)(2) introductory
text, by removing the words ‘‘matrix
gene or protein’’ and adding the word
‘‘virus’’ in their place.
The revision reads as follows:
■
§ 146.13
Testing.
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*
*
*
*
*
(b) * * *
(1) Antibody detection tests—(i)
Enzyme-linked immunosorbent assay
(ELISA) test. (A) The ELISA test must be
conducted using test kits approved by
the Department and the Official State
Agency and must be conducted in
accordance with the recommendations
of the producer or manufacturer.
(B) When positive ELISA samples are
identified, an AGID test must be
conducted within 48 hours.
(ii) Agar gel immunodiffusion (AGID)
test. (A) The AGID test must be
conducted using reagents approved by
the Department and the Official State
Agency.
(B) The AGID test for avian influenza
must be conducted in accordance with
this section (within the NPIP Program
Standards, Program Standard A applies
to blood and yolk testing procedures;
alternatives to the program standards
may also be approved by the
Administrator under § 147.53 of this
subchapter) for the avian influenza
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16:09 Oct 02, 2020
Jkt 253001
AGID test. The test can be conducted on
egg yolk or blood samples. The AGID
test is not recommended for use in
waterfowl.
(C) Positive tests for the AGID must be
further tested by Federal Reference
Laboratories using appropriate tests for
confirmation. Final judgment may be
based upon further sampling and
appropriate tests for confirmation.
*
*
*
*
*
■ 34. Section 146.51 is revised to read
as follows:
§ 146.51
Definitions.
Except where the context otherwise
requires, for the purposes of this subpart
the following terms shall be construed,
respectively, to mean:
Egg/meat-type game birds.
Domesticated fowl such as pheasants,
partridge, quail, grouse, and guineas,
but not doves and pigeons grown under
confinement for the primary purposes of
producing eggs and/or meat for human
consumption.
Egg/meat-type waterfowl.
Domesticated ducks or geese grown
under confinement for the primary
purposes of producing eggs and/or meat
for human consumption.
Meat-type game bird slaughter plant.
A meat-type game bird slaughter plant
that is federally inspected or under State
inspection that the U.S. Department of
Agriculture’s Food Safety and
Inspection Service has recognized as
equivalent to Federal inspection.
Meat-type waterfowl slaughter plant.
A meat-type waterfowl slaughter plant
that is federally inspected or under State
inspection that the U.S. Department of
Agriculture’s Food Safety and
Inspection Service has recognized as
equivalent to Federal inspection.
Shift. The working period of a group
of employees who are on duty at the
same time.
■ 35. Section 146.52 is revised to read
as follows:
§ 146.52
Participation.
(a) Participating meat-type game bird
slaughter plants, meat-type waterfowl
slaughter plants, and egg-type game bird
and egg-type waterfowl premises
producing eggs for human consumption
shall comply with the applicable
general provisions of subpart A of this
part and the special provisions of this
subpart.
(b) Meat-type game bird slaughter
plants and meat-type waterfowl
slaughter plants that slaughter fewer
than 50,000 birds annually are exempt
from the special provisions of this
subpart.
(c) Egg-type game bird and egg-type
waterfowl premises with fewer than
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62571
25,000 birds are exempt from the special
provisions of this subpart.
■ 36. Section 146.53 is amended as
follows:
■ a. In the introductory text, by adding
the words ‘‘slaughter plants and’’ after
the word ‘‘Participating’’ and removing
the words ‘‘of this part’’;
■ b. By revising paragraph (a)
introductory text;
■ c. In paragraph (a)(1), by removing the
words ‘‘commercial upland’’ and adding
the word ‘‘meat-type’’ in their place and
removing the word ‘‘commercial’’ and
adding the word ‘‘meat-type’’ in its
place;
■ d. By revising paragraph (a)(2);
■ e. In paragraph (a)(3), by removing the
words ‘‘commercial upland’’ and adding
the word ‘‘meat-type’’ in their place and
removing the word ‘‘commercial’’ and
adding the word ‘‘meat-type’’ in its
place;
■ f. In paragraph (a)(4), by removing the
words ‘‘a commercial upland’’ and
adding the words ‘‘an egg-type’’ in their
place and adding the word ‘‘egg-type’’
after the words ‘‘game bird or’’.
■ g. In paragraph (a)(5), by removing the
words ‘‘a commercial upland’’ and
adding the words ‘‘an egg-type’’ in their
place and adding the word ‘‘egg-type’’
after the words ‘‘game bird or’’.
■ h. By removing and reserving
paragraph (b).
The revisions read as follows:
§ 146.53 Terminology and classification;
slaughter plants and premises.
*
*
*
*
*
(a) U.S. H5/H7 Avian Influenza
Monitored. The program in this
paragraph (a) is intended to be the basis
from which the egg/meat-type game bird
and egg/meat-type waterfowl industry
may conduct a program to monitor for
the H5/H7 subtypes of avian influenza.
It is intended to determine the presence
of the H5/H7 subtypes of avian
influenza in egg/meat-type game birds
and egg/meat-type waterfowl through
routine surveillance of each
participating slaughter plant or, in the
case of egg-producing flocks, the regular
surveillance of these flocks. A slaughter
plant or flock will qualify for the
classification in this paragraph (a) when
the Official State Agency determines
that it has met one of the following
requirements:
*
*
*
*
*
(2) It is a meat-type game bird
slaughter plant or meat-type waterfowl
slaughter plant that only accepts egg/
meat-type game birds or egg/meat-type
waterfowl from flocks where a
minimum of 11 birds per flock have
been tested negative for the H5/H7
subtypes of avian influenza, as provided
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Service-approved laboratory workshops
for Plan-specific diseases.
*
*
*
*
*
in § 146.13(b), no more than 21 days
prior to slaughter;
*
*
*
*
*
PART 147—AUXILIARY PROVISIONS
ON NATIONAL POULTRY
IMPROVEMENT PLAN
37. The authority citation for part 147
continues to read as follows:
■
Done in Washington, DC, this 25th day of
September 2020.
Mark Davidson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2020–21798 Filed 10–1–20; 8:45 am]
BILLING CODE 3410–34–P
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
38. Section 147.45 is revised to read
as follows:
DEPARTMENT OF TRANSPORTATION
§ 147.45
Federal Aviation Administration
■
Official delegates.
Each cooperating State shall be
entitled to one official delegate for each
of the programs prescribed in parts 145
and 146 of this subchapter in which it
has one or more participants at the time
of the Conference. The official delegates
shall be elected by a representative
group of participating industry members
and be certified by the Official State
Agency. It is recommended but not
required that the official delegates be
Plan participants. Individuals may be
allowed to be an official delegate or
alternate delegate for up to three States
in which that delegate has flocks or is
a plan participant with
acknowledgement and approval of the
Official State Agencies. Each official
delegate shall endeavor to obtain, prior
to the Conference, the recommendations
of industry members of their State with
respect to each proposed change.
■ 39. Section 147.48 is revised to read
as follows:
§ 147.48 Approval of conference
recommendations by the Department.
Proposals adopted by the official
delegates will be recommended to the
Department for incorporation into the
provisions of the National Poultry
Improvement Plan (NPIP) in parts 56,
145, and 146 of this chapter and this
subpart. The Department reserves the
right to approve or disapprove the
recommendations of the conference as
an integral part of its sponsorship of the
National Poultry Improvement Plan.
The Department will publish the
recommendations in the Federal
Register within 14 months following the
NPIP Biennial Conference.
■ 40. In § 147.52, paragraph (b) is
revised to read as follows:
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§ 147.52
Authorized laboratories.
*
*
*
*
*
(b) Trained technicians. Testing
procedures at all authorized laboratories
must be run or overseen by a laboratory
technician who every 4 years has
attended, and satisfactorily completed,
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16:09 Oct 02, 2020
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14 CFR Part 71
[Docket No. FAA–2020–0627; Airspace
Docket No. 19–ANM–29]
RIN 2120–AA66
Establishment of Class E Airspace;
Granby, CO
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E airspace extending upward from 700
feet above the surface at Granby-Grand
County, CO.
DATES: Effective 0901 UTC, December
31, 2020. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov//air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3695.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
Class E airspace at Granby-Grand
County Airport, Granby, CO, to ensure
the safety and management of
Instrument Flight Rules (IFR) operations
at the airport.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (85 FR 43508; July 17, 2020) for
Docket No. FAA–2020–0627 to establish
Class E airspace at Granby-Grand
County Airport, Granby, CO. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
Class E5 airspace designations are
published in paragraph 6005 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
This amendment to Title 14 Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace, extending
upward from 700 feet above the surface,
at Granby-Grand County Airport. This
airspace area is described as follows:
That airspace extending upward from
700 feet above the surface within a 3.5mile radius of the airport, and within
2.2 miles north and 1.6 miles south of
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| File Type | application/pdf |
| File Modified | 2020-10-04 |
| File Created | 2020-10-04 |