National Poultry Improvement Plan and Auxiliary Provisions, 57200-57215 [2010-23248]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Proposed Rules]
[Pages 57200-57215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23248]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 56, 145, 146, and 147

[Docket No. APHIS-2009-0031]
RIN 0579-AD21


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the National Poultry Improvement 
Plan (the Plan) and its auxiliary provisions by providing new or 
modified sampling and testing procedures for Plan participants and 
participating flocks. The proposed changes were voted on and approved 
by the voting delegates at the Plan's 2008 National Plan Conference. 
These changes would keep the provisions of the Plan current with 
changes in the poultry industry and provide for the use of new sampling 
and testing procedures.

DATES: We will consider all comments that we receive on or before 
November 19, 2010.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0031) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2009-0031, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0031.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at (https://www.aphis.usda.gov).

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1498 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 Federal-State-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, 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 145, 146, and 147 (referred to below 
as the regulations) contain the provisions of the Plan. The Animal and 
Plant Health Inspection Service (APHIS, also referred to as ``the 
Service'') of the U.S. Department of Agriculture (USDA, also referred 
to as ``the Department'') amends these provisions from time to time to 
incorporate new scientific information and technologies within the 
Plan.
    The proposed amendments discussed in this document are consistent 
with the recommendations approved by the voting delegates to the 
National Plan Conference that was held from June 5 through June 7, 
2008. Participants in the 2008 National Plan Conference represented 
flockowners, breeders, hatcherymen, slaughter plants, and Official 
State Agencies from all cooperating States. The proposed amendments are 
discussed in detail below.

Simplifying Indemnity Provisions in Part 56

    The regulations in 9 CFR part 56 set out conditions for the payment 
of indemnity for costs associated with poultry that are infected with 
or exposed to the H5 or H7 subtypes of low pathogenic avian influenza 
(H5/H7 LPAI). Section 56.3 states that indemnity may be paid for 
destruction and disposal of poultry that were infected with or exposed 
to H5/H7 LPAI, destruction of eggs for testing for H5/H7 LPAI, and 
cleaning and disinfection of premises, conveyances, and materials that 
came into contact with poultry that were infected with or exposed to 
H5/H7 LPAI (or destruction and disposal, if the cost of cleaning and 
disinfection would exceed the value of the materials or cleaning and 
disinfection would be impractical).
    Section 56.3 also sets the percentages of the costs of those 
activities that are eligible for indemnity. Specifically, paragraph (b) 
of Sec.  56.3 indicates that the Administrator is authorized to pay 100

[[Page 57201]]

percent indemnity for costs related to all poultry that are infected 
with or exposed to H5/H7 LPAI, unless those poultry do not participate 
in the avian influenza (AI) surveillance program provided for poultry 
in the regulations in 9 CFR part 145 or 146. For those poultry, the 
Administrator is authorized to pay indemnity for only 25 percent of 
costs. The payment of only 25 percent indemnity thus provides an 
incentive for producers to participate in AI surveillance programs. The 
specific poultry that are eligible for only 25 percent indemnity, as 
listed in paragraphs (b)(1) through (b)(6), are:
     Egg-type breeding chickens from a flock that participates 
in any Plan program in 9 CFR part 145 but that does not participate in 
the U.S. Avian Influenza Clean program of the Plan in Sec.  145.23(h);
     Meat-type breeding chickens from a flock that participates 
in any Plan program in 9 CFR part 145 but that does not participate in 
the U.S. Avian Influenza Clean program of the Plan in Sec.  145.33(l);
     Breeding turkeys from a flock that participates in any 
Plan program in 9 CFR part 145 but that does not participate in the 
U.S. H5/H7 Avian Influenza Clean program of the Plan in Sec.  
145.43(g);
     Commercial table-egg layers from a premises that has 
75,000 or more birds and that does not participate in the U.S. H5/H7 
Avian Influenza Monitored program of the Plan in Sec.  146.23(a);
     Commercial meat-type chickens that are associated with a 
slaughter plant that slaughters 200,000 or more meat-type chickens per 
operating week and that does not participate in the U.S. H5/H7 Avian 
Influenza Monitored program of the Plan in Sec.  146.33(a); and
     Commercial meat-type turkeys that are associated with a 
slaughter plant that slaughters 2 million or more meat-type turkeys in 
a 12-month period and that does not participate in the U.S. H5/H7 Avian 
Influenza Monitored program of the Plan in Sec.  146.43(a).
    The regulations in paragraph (b)(7) also provide for the payment of 
25 percent indemnity for any poultry located in a State that does not 
participate in the diagnostic surveillance program for H5/H7 LPAI, as 
described in Sec.  146.14, or that does not have an initial State 
response and containment plan for H5/H7 LPAI that is approved by APHIS 
under Sec.  56.10, unless such poultry participate in the Plan with 
another State that does participate in the diagnostic surveillance 
program for H5/H7 LPAI and has an initial State response and 
containment plan for H5/H7 LPAI that is approved by APHIS. This 
provision is intended to provide States with an incentive to 
participate in the NPIP's AI surveillance and control programs.
    Since the regulations in part 56 were established, an H5/H7 LPAI 
surveillance program has been added that covers new types of commercial 
poultry, namely the program for commercial upland game birds, 
commercial waterfowl, raised-for-release upland game birds, and raised-
for-release waterfowl in Sec.  146.53(a). The program in Sec.  
146.53(a) contains size thresholds for each of the various types of 
poultry included in the program. Slaughter plants and premises above 
these size thresholds are required to participate in the program in 
Sec.  146.53(a) in order to participate in the Plan, similar to the 
size thresholds for slaughter plants and premises in the other subparts 
in 9 CFR part 146. In addition, in this document, we are proposing to 
add to 9 CFR part 145 provisions for an AI surveillance program for 
meat-type waterfowl breeding flocks, in proposed Sec.  145.93(c). (See 
the description under the heading ``New Provisions for Meat-Type 
Waterfowl Breeding Flocks and Products'' later in this document.)
    Our general intention in establishing Sec.  56.3 was to provide an 
incentive to participate in NPIP AI surveillance programs for all 
poultry for which such programs are available. To ensure that Sec.  
56.3 continues to provide such an incentive as new AI surveillance 
programs are added for new types of poultry, we are proposing to change 
the structure of Sec.  56.3 to refer more generally to AI surveillance 
programs available to breeding poultry in 9 CFR part 145 and to 
commercial poultry in part 146. In order to do this, we would remove 
paragraphs (b)(1) through (b)(6) from Sec.  56.3, redesignate paragraph 
(b)(7) as paragraph (b)(3), and add two new paragraphs (b)(1) and 
(b)(2) to cover breeding poultry and commercial poultry, respectively.
    Paragraph (b)(1) would provide that poultry that are from a 
breeding flock that participates in any Plan program in 9 CFR part 145 
but that does not participate in the U.S. Avian Influenza Clean or the 
U.S. H5/H7 Avian Influenza Clean program of the Plan available to the 
flock in 9 CFR part 145 would only be eligible for 25 percent 
indemnity.
    Paragraph (b)(2) would provide that poultry that are from a 
commercial flock or slaughter plant that does not participate in the 
U.S. Avian Influenza Monitored program available to the commercial 
flock or slaughter plant in 9 CFR part 146 would only be eligible for 
25 percent indemnity. As part of this change, we are proposing to add a 
definition of commercial flock or slaughter plant to Sec.  56.1, which 
sets out definitions of terms used in part 56. We would define 
commercial flock or slaughter plant as a commercial poultry flock or 
slaughter plant that is required because of its size to participate in 
the special provisions in 9 CFR part 146 in order to participate in the 
Plan. (Subpart A of part 146 contains the general provisions; subparts 
B through E contain special provisions for specific types of commercial 
poultry.) We would also remove the definitions of commercial meat-type 
flock, commercial table-egg layer flock, commercial table-egg layer 
premises, meat-type chicken, and meat-type turkey from Sec.  56.1, as 
they would no longer be necessary.
    These changes would simplify the regulations and more clearly 
express the principle that, for certain poultry operations, 
participation in NPIP AI surveillance programs is required in order for 
the poultry to be eligible for 100 percent indemnity in the event of an 
H5/H7 LPAI outbreak.

Amendments to Flock Testing Requirements and Procedures for Mycoplasma 
Bacteria

    The regulations in Sec.  145.14 set out testing requirements for 
breeding flocks participating in NPIP programs in part 145. Paragraph 
(b) in Sec.  145.14 sets out testing requirements for Mycoplasma 
gallisepticum and M. synoviae. We are proposing to make several changes 
to these testing requirements to update them and make them consistent 
with current best practices.
    We are proposing to amend paragraph (b) at several locations to 
indicate that these testing requirements apply to M. meleagridis as 
well as M. gallisepticum and M. synoviae. Currently, paragraph (c) of 
Sec.  145.14 covers M. meleagridis; this paragraph refers the reader to 
Sec.  145.43(d)(2) for a list of official blood tests for M. 
meleagridis. (Paragraph (d)(3) of Sec.  145.43 provides additional 
instructions on testing for M. meleagridis.) However, many of the 
testing procedures work for all three bacteria, and it makes sense to 
address testing for these bacteria together in Sec.  145.14(b) because 
they are also addressed together in Sec.  147.6, which sets out a 
procedure for determining the status of flocks reacting to tests for 
these three bacteria. Accordingly, we are proposing to remove and 
reserve Sec. Sec.  145.14(c) and 145.43(d)(2) and (d)(3).
    The testing provisions in paragraph (b) have referred to blood 
testing specifically. However, the regulations in Sec.  147.30 provide 
a molecular

[[Page 57202]]

examination procedure for M. gallisepticum and M. synoviae, and the 
regulations in Sec.  147.31 provide another molecular examination 
procedure for M. gallisepticum. These molecular examination procedures 
do not involve blood testing. Therefore, we are proposing to make 
several changes in paragraph (b) to indicate that the regulations 
provide for testing procedures generally.
    Paragraph (b)(1) of Sec.  145.14 currently provides for the use of 
the hemagglutination inhibition (HI) test, the microhemagglutination 
inhibition test, and the enzyme-linked immunosorbent assay (ELISA) test 
to confirm the positive results of other serological tests. We are 
proposing to remove the ELISA test from this list. The ELISA test is a 
screening assay and should not be used to confirm positive serological 
results.
    Paragraph (b)(5) of Sec.  145.14 currently provides that the 
official molecular examination procedures for M. gallisepticum and M. 
synoviae are the polymerase chain reaction (PCR) test described in 
Sec.  147.30 and the real-time PCR test described in Sec.  147.31. 
However, the real-time PCR test in Sec.  147.31 is approved only for M. 
gallisepticum. We are therefore proposing to remove the reference to 
the real-time PCR as an official molecular examination procedure for M. 
synoviae. If, at some point in the future, we expand the use of the 
molecular examination procedures in Sec. Sec.  147.30 and 147.31 to M. 
meleagridis and the use of the real-time PCR test in Sec.  147.31 to M. 
synoviae, we will amend Sec.  145.14(b)(5) accordingly.
    As noted earlier, Sec.  147.6 sets out a procedure for determining 
the status of flocks reacting to tests for M. gallisepticum, M. 
meleagridis, and M. synoviae. We are proposing to make several updates 
to this section.
    The introductory text of Sec.  147.6 currently states that the 
official tests for Mycoplasma are the macroagglutination tests for 
Mycoplasma antibodies, as described in ``Standard Methods for Testing 
Avian Sera for the Presence of Mycoplasma Gallisepticum Antibodies'' 
published by the Agricultural Research Service, USDA, March 1966, and 
the microagglutination tests, as reported in the Proceedings, Sixteenth 
Annual Meeting of the American Association of Veterinary Laboratory 
Diagnosticians, 1973. The introductory text goes on to state that 
procedures for isolation and identification of Mycoplasma may be found 
in Isolation and Identification of Avian Pathogens, published by the 
American Association of Avian Pathologists, and Sec. Sec.  147.15 and 
147.16.
    However, as noted earlier, there are several official tests for 
Mycoplasma, not just the macroagglutination test in the 1966 
Agricultural Research Service publication. In addition, Sec.  
145.14(b)(1) lists all the official tests; it is not necessary to do so 
again in Sec.  147.6. Accordingly, we would remove the first sentence 
of the introductory text of Sec.  147.6. In addition, we would add to 
the list of procedures for isolation and identification of Mycoplasma a 
reference to the Manual of Diagnostic Tests and Vaccines for 
Terrestrial Animals, which is published by the World Organization for 
Animal Health (OIE). These procedures are internationally recognized as 
efficacious.
    Paragraph (a)(1) of Sec.  147.6 states that, if a flock is tested 
by the tube agglutination or the serum plate test and the test is 
negative, the flock's status is negative for Mycoplasma. We would amend 
this paragraph to include the ELISA and the official molecular 
examination procedures. These tests are also effective at determining a 
flock's status.
    Paragraph (a)(2) of Sec.  147.6 states that, if the tube 
agglutination or the serum plate test is positive, the HI test and/or 
the serum plate dilution (SPD) test shall be conducted. However, for 
egg-type and meat-type chicken and waterfowl, exhibition poultry, and 
game bird flocks, if more than 50 percent of the samples are positive 
for either M. gallisepticum, M. synoviae, or both, paragraph (a)(2) 
requires the HI and/or the SPD test to be conducted on 10 percent of 
the positive samples or 25 positive samples, whichever is greater.
    We are amending the list of screening assays that require 
confirmation to include the ELISA, as listed in proposed paragraph 
(a)(1). We are removing the SPD test from the list of confirmatory 
tests for serological screening assays because there are currently no 
laboratories that use this test; the HI test is widely used and 
accepted as the preferred test.
    For that reason, we would also remove the SPD test from the list of 
confirmatory tests for the HI test when more than 50 percent of the 
samples from egg-type and meat-type chicken flocks and waterfowl, 
exhibition poultry, and game bird flocks are positive on the HI test. 
This change would provide for the use of only the HI test as a 
confirmatory test in this case. We would also remove the text 
indicating that this confirmatory procedure is required only for egg-
type and meat-type chicken flocks and waterfowl, exhibition poultry, 
and game bird flocks, as the procedure is necessary any time more than 
50 percent of the samples are positive on the HI test, to confirm the 
validity of the test.
    Paragraph (a)(4) of Sec.  147.6 states that, if HI titers of 1:40 
or SPD titers of 1:5 are found, the flock shall be considered 
suspicious and shall be retested in accordance with Sec.  147.6(a)(6). 
Paragraph (a)(6) states that, 14 days after the previous bleeding date, 
all birds or a random sample comprised of 75 birds shall be tested by 
the serum plate or tube agglutination test, and that tested birds shall 
be identified by numbered bands.
    We are proposing to move this information into paragraph (a)(2), as 
it follows naturally from the other information about administering the 
HI test. We would also make some changes to it. First, we would remove 
all references to the SPD test, for reasons discussed earlier; under 
this proposal, paragraph (a)(2) would state only that HI titers of 1:40 
or more may be interpreted as suspicious. We would replace the current 
procedure of testing with SPD or tube agglutination with a culture 
procedure. In this procedure, appropriate antigen detection samples 
would be taken promptly (within 7 days of the original sampling) from 
30 clinically affected birds and examined by an approved cultural 
technique individually, or pooled (up to 5 swabs per test) and used in 
a molecular examination procedure or in vivo bioassay. The molecular 
examination procedure and in vivo bioassay are widely accepted as 
confirmatory tests for this procedure.
    We are proposing to remove the requirement to identify tested birds 
by numbered bands because other means are available to identify birds 
that have been tested; Official State Agencies can work with producers 
to determine the most cost-effective method in individual cases.
    In Sec.  145.14, paragraph (b)(1) states that HI titers of 1:40 or 
less may be interpreted as equivocal, and final judgment may be based 
on further samplings and/or culture of reactors. As noted earlier, 
Sec.  147.6 refers to HI titers of 1:40 or less as ``suspicious.'' We 
are proposing to amend Sec.  145.14(b)(1) to be consistent with Sec.  
147.6.
    Paragraphs (a)(3) through (a)(15) of Sec.  147.6 provide extensive 
procedures for testing and retesting flocks that have been tested with 
HI in order to determine whether they are eligible for the 
classification for which they are tested. We are proposing to replace 
these paragraphs with new paragraphs (a)(3) and (a)(4), which would 
provide a much simpler procedure. Under

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proposed paragraph (a)(3), if the in vivo bioassay, molecular 
examination procedure, or culture procedure referred to in proposed 
paragraph (a)(2) is negative, the Official State Agency would be able 
to qualify the flock for the classification for which it was tested. In 
the event of contaminated cultures, we would require the molecular 
examination technique to be used to make a final determination. Under 
proposed paragraph (a)(4), if the in vivo bioassay, molecular 
examination procedures, or culture procedures are positive, the flock 
would be considered infected. These proposed provisions would greatly 
simplify the regulations and recognize the utility of the in vivo 
bioassay, molecular examination procedures, and culture procedures.

Changes to AI Clean Programs for Egg-Type and Meat-Type Chicken 
Breeding Flocks

    The regulations set out requirements for the U.S. Avian Influenza 
Clean classification for multiplier egg-type chicken breeding flocks, 
multiplier meat-type chicken breeding flocks, primary egg-type chicken 
breeding flocks, and primary meat-type chicken breeding flocks at 
Sec. Sec.  145.23(h), 145.33(l), 145.73(f), and 145.83(g) respectively.
    The current requirements for these U.S. Avian Influenza Clean 
classifications are nearly identical. The introductory text of 
Sec. Sec.  145.23(h), 145.33(l), 145.73(f), and 145.83(g) states that 
the U.S. Avian Influenza Clean program is intended to be the basis from 
which the breeding-hatchery industry may conduct a program for the 
prevention and control of avian influenza. It is intended to determine 
the presence of avian influenza in breeding chickens through routine 
serological surveillance of each participating breeding flock. A flock 
and the hatching eggs and chicks produced from it will qualify for this 
classification when the Official State Agency determines that they have 
met the requirements of the relevant paragraph listed earlier.
    Each of those paragraphs contains a subparagraph indicating that a 
flock is eligible for the classification if a minimum of 30 birds have 
been tested negative for antibodies to avian influenza when more than 4 
months of age and prior to the onset of egg production. To retain this 
classification, a sample of at least 30 birds must be tested negative 
at intervals of 90 days, and primary spent fowl must be tested within 
30 days prior to movement to slaughter. Alternatively, a sample of 
fewer than 30 birds may be tested, and found to be negative, at any one 
time if all pens are equally represented and a total of 30 birds is 
tested within each 90-day period. (The only exception is for meat-type 
chicken multiplier breeding flocks, which are only required to have 15 
birds tested, at the same 90-day interval, in order to be eligible for 
and to retain the classification.)
    We are proposing to make several changes to these classifications. 
First, we are proposing to remove the references to serological 
surveillance from the introductory text of the classifications, instead 
referring simply to ``surveillance.'' As we are proposing to refer in 
the regulatory text specifically to the AI testing procedures in Sec.  
145.14(d), referring to serological surveillance in the introductory 
text is not necessary. In addition, some of the tests in Sec.  
145.14(d) are not serological tests -- for example, the real-time 
reverse transcriptase PCR assay in paragraph (d)(2)(i).
    We would continue to require a minimum of 30 birds to be tested 
negative for antibodies to avian influenza when more than 4 months of 
age and prior to the onset of egg production, and we would continue to 
provide the 2 options for retaining the U.S. Avian Influenza Clean 
classification that are found in the current regulations. We are 
proposing to add a third option by which flocks could retain the 
classification. Under this option, the flock could retain the 
classification if the flock is tested as provided in Sec.  145.14(d) 
and found negative at intervals of 30 days or less, and a total of 30 
(15 for meat-type multiplier breeding flocks) samples are collected and 
tested within each 90-day period. This option would provide additional 
flexibility to use the flock screening tests in Sec.  145.14(d)(2).
    We are also proposing to put in place requirements for testing 
spent fowl for each of the options for retaining the U.S. Avian 
Influenza Clean classification. As noted earlier, under the current 
regulations, spent fowl are required to be tested only if the sample of 
30 birds is being tested and found negative at intervals of 90 days. 
However, testing of spent fowl is a useful addition to surveillance for 
any of the options for retaining classification, both the existing 
options and the one we are proposing. Accordingly, we are proposing to 
require spent fowl testing as part of all of the options for retaining 
classification. Specifically, we would require in paragraphs Sec. Sec.  
145.23(h)(2), 145.33(l)(2), 145.73(f)(2), and 145.83(g)(2) that all 
spent fowl, up to a maximum of 30, be tested serologically and found 
negative within 21 days prior to movement to slaughter.
    We are proposing to reduce the number of days before slaughter 
within which spent fowl must be tested from 30 to 21 to be consistent 
with testing requirement for the NPIP AI surveillance programs in part 
146 in which poultry (meat-type chickens and meat-type turkeys) are 
moved to slaughter. A 21-day testing requirement would also be 
consistent with the guidelines for AI surveillance in the OIE 
Terrestrial Animal Health Code.\1\ We are proposing to require only a 
sample of a maximum of 30 spent fowl to be tested, rather than the 
current requirement to test all spent fowl, because it is not necessary 
to test more than 30 spent fowl in order to provide adequate assurance 
that the flock is free of AI; this is consistent with the general 
requirement to test 30 birds per flock.
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    \1\ The guidelines may be viewed on the Internet at (https://www.oie.int/eng/normes/mcode/en_chapitre_1.10.4.htm).
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Changes to H5/H7 AI Clean Programs for Turkey Breeding Flocks and for 
Waterfowl, Exhibition Poultry, and Game Bird Breeding Flocks

    The regulations set out requirements for the U.S. H5/H7 Avian 
Influenza Clean classification for turkey breeding flocks and for 
waterfowl, exhibition poultry, and game bird breeding flocks in 
Sec. Sec.  145.43(g) and 145.53(e), respectively. We are proposing to 
make some minor changes to the text of these classifications to 
standardize and clarify their language. We are also proposing to add 
spent fowl testing requirements for all surveillance options in these 
classifications.
    The introductory text of both Sec. Sec.  145.43(g) and 145.53(e) is 
similar to that of the U.S. Avian Influenza Clean classifications 
discussed earlier, except that both refer to the H5 and H7 subtypes of 
AI. We are proposing to change those references to refer to ``the H5/H7 
subtypes of avian influenza,'' as that usage is consistent with our 
references to these two subtypes in 9 CFR part 146. We are also 
proposing to remove the word ``serological'' from the same place as in 
the introductory text to the U.S. Avian Influenza Clean classifications 
for breeding chickens, for the same reasons discussed earlier with 
regard to those AI classifications.
    Within Sec. Sec.  145.43(g) and 145.53(e), paragraphs (g)(1) and 
(e)(1) address primary breeding flocks for turkeys and for waterfowl, 
game birds, and exhibition poultry, respectively, while paragraphs 
(g)(2) and (e)(2) address multiplier breeding flocks. Each of these

[[Page 57204]]

paragraphs refers in its introductory text to testing using the agar 
gel immunodiffusion test in Sec.  147.9. As all of the tests in Sec.  
145.14(d) are effective at testing for AI in turkeys and in waterfowl, 
exhibition poultry, and game birds, we are proposing to remove the 
specific references to agar gel immunodiffusion testing. Instead, we 
would add the words ``as provided in Sec.  145.14(d)'' to references to 
AI testing to direct the reader to the approved AI tests.
    We are proposing to put in place requirements for testing spent 
fowl for each of the options for retaining the U.S. H5/H7 Avian 
Influenza Clean classification for turkey breeding flocks and 
waterfowl, exhibition poultry, and game bird breeding flocks. Similar 
to the spent fowl testing requirements for chickens discussed earlier, 
spent fowl from turkey breeding flocks are currently required to be 
tested only if a sample of 30 birds is being tested and found negative 
at intervals of 90 days. However, testing of spent fowl is a useful 
addition to surveillance for any of the options for retaining the U.S. 
H5/H7 Avian Influenza Clean classification. Accordingly, we are 
proposing to add a new paragraph Sec.  145.43(g)(3) to require all 
spent fowl from turkey breeding flocks, up to a maximum of 30, to be 
tested serologically and found negative within 21 days prior to 
movement to slaughter for all of the surveillance options. (We would 
redesignate current paragraph (g)(3), which contains reporting 
requirements that apply if killed AI vaccine is used, as paragraph 
(g)(4).)
    The U.S. H5/H7 Avian Influenza Clean classification for waterfowl, 
exhibition poultry, and game bird breeding flocks does not currently 
include spent fowl testing requirements. However, testing any spent 
fowl that are produced by these flocks for AI would be a useful 
addition to surveillance for this classification as well. Therefore, we 
are proposing to add a new paragraph Sec.  145.53(e)(3) to require 
spent fowl to be tested for these flocks as well.
    The classification provisions for primary and multiplier turkey 
breeding flocks in Sec.  145.43(g)(1) and (g)(2), respectively, require 
that flocks test negative for antibodies to type A AI virus. Positive 
results must be further tested by an authorized laboratory using the 
hemagglutination inhibition test to detect antibodies to the 
hemagglutinin subtypes H5 and H7 when more than 4 months of age and 
prior to the onset of egg production. We are proposing to remove this 
2-step process and instead require that a minimum of 30 birds test 
negative to the H5/H7 subtypes of AI. The testing procedures in Sec.  
145.14(d) set out the official tests for AI and indicate that the 
official determination of a flock as positive for the H5 or H7 subtypes 
of avian influenza may be made only by the National Veterinary Services 
Laboratories. It is appropriate to refer to these testing procedures, 
which apply to all poultry covered in 9 CFR part 145, rather than 
setting out a separate testing procedure in the turkey breeding flock 
U.S. H5/H7 Avian Influenza Clean classification. This change would also 
make the provisions in Sec.  145.43 consistent with the other AI 
classifications in the regulations.
    The regulations in Sec.  145.53(e)(1) and (e)(2) also refer to 
testing for antibodies to the H5 and H7 subtypes of AI. As other AI 
classifications refer to testing for the disease itself and not 
antibodies to the disease, we would remove references to testing for 
antibodies to make the regulations consistent.
    We are proposing to make one other change related to AI in part 
145. In Sec.  145.1, we are proposing to add a definition of avian 
influenza. We would define AI as ``an infection or disease of poultry 
caused by viruses in the family Orthomyxoviridae, genus Influenzavirus 
A.'' Including this definition would provide additional clarity 
regarding AI.

Salmonella Negative Status for Primary Meat-Type Chicken Breeding 
Flocks in the U.S. Salmonella Monitored Classification

    The regulations in Sec.  145.83(f) set out provisions for the U.S. 
Salmonella Monitored classification for primary meat-type chicken 
breeding flocks and the hatching eggs and chicks produced from it. This 
classification requires participating flocks to be maintained in 
compliance with Sec. Sec.  147.21, 147.24(a), and 147.26, requires feed 
to be processed, stored, and transported to prevent contamination with 
Salmonella, and requires chicks to be hatched in a hatchery meeting the 
requirements of Sec. Sec.  147.23 and 147.24(b) and sanitized or 
fumigated. It also contains testing procedures designed to verify the 
flock's Salmonella status.
    In recent years, trading partners have begun to require that baby 
chicks and hatching eggs originate from breeding flocks free of certain 
serotypes of Salmonella. The current provisions of the U.S. Salmonella 
Monitored classification do not provide for serotyping. Therefore, we 
are proposing to add a serotyping provision to paragraph (f)(1)(vi). 
This paragraph currently requires an Authorized Agent to take 
environmental samples as described in Sec.  147.12 from each flock at 4 
months of age and every 30 days thereafter. An authorized laboratory 
for Salmonella must then examine the environmental samples 
bacteriologically. We are proposing to require all Salmonella isolates 
from a flock to be serogrouped and reported to the Official State 
Agency on a monthly basis.
    We are also proposing to amend paragraph (f)(1)(vii), which 
provides that owners of flocks may vaccinate with a paratyphoid vaccine 
if they leave a sample unvaccinated until the flock reaches 4 months of 
age, to indicate that this sample will allow for the serological 
testing that would be required under proposed paragraph (f)(1)(vi).
    Some trading partners' import requirements separate the Salmonella 
status of the flock from the status of the hatchery containing the 
hatching eggs and chicks produced from it. A primary meat-type chicken 
breeding flock can thus be considered to be free of Salmonella, based 
on regular testing, even if there is environmental Salmonella 
contamination in the hatchery. However, the current U.S. Salmonella 
Monitored classification does not provide for this; it applies to both 
the flock and the hatching eggs and chicks produced from it. To provide 
flock owners with a means to demonstrate their flock's Salmonella-
negative status, we are proposing to add a new paragraph (f)(1)(viii) 
with provisions under which a flock could be considered ``Salmonella 
negative.''
    Under proposed paragraph (f)(1)(viii), any flock entering the 
production period that is in compliance with all the requirements of 
Sec.  145.83(f) with no history of Salmonella isolations would be 
considered ``Salmonella negative'' and could retain this definition as 
long as no environmental or bird salmonella isolations are identified 
and confirmed from the flock or flock environment by sampling on 4 
separate collection dates over a minimum of a 2-week period. Sampling 
and testing would have to be performed as described in proposed 
paragraph (f)(1)(vi). An unconfirmed environmental Salmonella isolation 
would not change this Salmonella negative status, as the ``Salmonella 
negative'' status is intended to reflect only the status of the flock 
itself.
    These proposed provisions would provide participants in the U.S. 
Salmonella Monitored classification for primary meat-type breeding 
turkeys with new means to verify the flock's Salmonella status for 
trading partners.

[[Page 57205]]

New Provisions for Meat-Type Waterfowl Breeding Flocks and Products

    We are proposing to add a new subpart I to 9 CFR part 145, which 
would consist of Sec. Sec.  145.91 through 145.94. This subpart would 
set out special provisions for the participation of meat-type waterfowl 
breeding flocks and products in the Plan. Although subpart E in 9 CFR 
part 145 provides special provisions for waterfowl, exhibition poultry, 
and game bird breeding flocks and products, these provisions are 
directed towards hobbyist and exhibition waterfowl and are not 
necessarily suited for meat-type waterfowl breeding flocks. Adding a 
new subpart I would allow the NPIP to address issues related to meat-
type waterfowl breeding flocks specifically.
    We are proposing to amend subpart E to make it clear that meat-type 
waterfowl breeding flocks would no longer be covered under that 
subpart. We would amend the section heading of subpart E and the 
introductory text of Sec.  145.52, ``Participation,'' to indicate that 
the subpart's applicability is limited to hobbyist and exhibition 
waterfowl. We would add a sentence to the introductory text of Sec.  
145.52 indicating that the special provisions that apply to meat-type 
waterfowl flocks are found in subpart I of part 145. We would also 
amend Sec. Sec.  145.53 and 145.54 in a few places to reflect these 
changes. The amendments can be found in the proposed regulatory text at 
the end of this document.
    The structure of subpart I would be similar to the structure of 
subparts B through H in part 145. Section 145.91, ``Definitions,'' 
would contain a definition of meat-type waterfowl breeding flocks. This 
term would be defined as: Flocks of domesticated duck or goose that are 
composed of stock that has been developed and is maintained for the 
primary purpose of producing baby poultry that will be raised under 
confinement for the primary purpose of producing meat for human 
consumption.
    Section 145.92, ``Participation,'' would state that participating 
flocks of meat-type waterfowl and the eggs and baby poultry produced 
from them shall comply with the applicable general provisions of 
subpart A of part 145 and the special provisions of proposed subpart I. 
In addition:
     Started poultry would lose their identity under Plan 
terminology when not maintained by Plan participants under the 
conditions prescribed in Sec.  145.5(a).
     Hatching eggs produced by primary breeding flocks would 
have to be fumigated (see Sec.  147.25) or otherwise sanitized.
     Any nutritive material provided to baby poultry would have 
to be free of the avian pathogens that are officially represented in 
the Plan disease classifications listed in Sec.  145.10.
    These conditions, which are similar to the conditions for 
participation in other subparts in part 145, would help to ensure that 
flocks that participate in the Plan are free of poultry diseases.
    Section 145.93, ``Terminology and classification; flocks and 
products,'' would set out conditions for two Plan classifications for 
meat-type breeding waterfowl, the U.S. Pullorum-Typhoid Clean 
classification and the U.S. Avian Influenza Clean classification. The 
provisions of these classifications are similar to those for other 
types of poultry in part 145.
    Paragraph (a) would be reserved, as it is in other subparts in part 
145. Paragraph (b) would contain the requirements for the U.S. 
Pullorum-Typhoid Clean classification. A qualifying flock would be one 
in which freedom from pullorum and typhoid has been demonstrated to the 
Official State Agency under the criteria in one of proposed paragraphs 
(b)(1) through (b)(5).
    Proposed paragraph (b)(1) would provide that a flock would qualify 
if it has been officially blood tested within the past 12 months with 
no reactors.
    Proposed paragraph (b)(2) would provide that a flock would qualify 
if it is a multiplier breeding flock, or a breeding flock composed of 
progeny of a primary breeding flock which is intended solely for the 
production of multiplier breeding flocks, and meets the following 
specifications as determined by the Official State Agency and the 
Service:
     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;
     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
     The flock is located on a premises where a flock not 
classified as U.S. Pullorum-Typhoid Clean was located the previous 
year. In this circumstance, an Authorized Testing Agent would have to 
blood test up to 300 birds per flock, as described in Sec.  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 would 
evaluate the results of any blood tests, described in Sec.  
145.14(a)(1), that were performed on an unclassified flock located on 
the premises during the 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, contaminated 
feed or waste, or birds, equipment, supplies, or personnel from flocks 
infected with pullorum-typhoid.
    (NOTE: In addition to requiring blood testing when a flock not 
classified as U.S. Pullorum-Typhoid Clean was located on a premises the 
previous year, similar provisions in Sec. Sec.  145.23(b)(2)(iii), 
145.33(b)(2)(iii), 145.43(b)(2)(iii), and 145.53(b)(2)(iii) also 
require blood testing when no poultry has been located on the premises 
the previous year. Testing is not necessary in the latter circumstance, 
and we are proposing to remove the requirement to conduct blood testing 
on a flock when no poultry was located on the premises the previous 
year in each of these paragraphs.)
    Paragraph (b)(3) would provide that a flock would qualify if it is 
a multiplier breeding flock that originated from U.S. Pullorum-Typhoid 
Clean breeding flocks or from flocks that met equivalent requirements 
under official supervision, and is located in a State in which it has 
been determined by the Service that:
     All hatcheries within the State are qualified as 
``National Plan Hatcheries'' or have met equivalent requirements for 
pullorum-typhoid control under official supervision;
     All hatchery supply flocks within the State are qualified 
as U.S. Pullorum-Typhoid Clean or have met equivalent requirements for 
pullorum-typhoid control under official supervision. However, if other 
domesticated fowl are maintained on the same premises as the 
participating flock, freedom from pullorum-typhoid infection would be 
demonstrated by an official blood test of each of these fowl;
     All shipments of products other than U.S. Pullorum-Typhoid 
Clean, or equivalent, into the State are prohibited;
     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;
     All reports of any disease outbreak involving a disease 
covered under the Plan are promptly followed by an investigation by the 
Official State

[[Page 57206]]

Agency to determine the origin of the infection. 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 NPIP would conduct an 
investigation;
     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 Sec.  
145.14(a)(5), and all birds fail to demonstrate pullorum or typhoid 
infection; and
     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.
    Discontinuation of any of these conditions or procedures, or the 
occurrence of repeated outbreaks of pullorum or typhoid in poultry 
breeding flocks within or originating within the State would be grounds 
for the Service to revoke its determination that such conditions and 
procedures have been met or complied with. Such action would 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.
    Paragraph (b)(4) would provide that a flock would qualify if it is 
a multiplier breeding flock located in a State which has been 
determined by the Service to be in compliance with the provisions of 
proposed paragraph (a)(3), and 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.
    Paragraph (b)(5) would provide that a flock would qualify if it is 
a primary breeding flock located in a State determined to be in 
compliance with the provisions of paragraph (a)(4) of this section, 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 within the past 12 months with no reactors. However, when a 
flock is a primary breeding flock located in a State which has been 
deemed to be a U.S. Pullorum-Typhoid Clean State for the past 3 years, 
and during which time no isolation of pullorum or typhoid has been made 
that can be traced to a source in that State, a bacteriological 
examination monitoring program or a serological examination monitoring 
program acceptable to the Official State Agency and approved by the 
Service could be used in lieu of annual blood testing.
    Compliance with any one of these provisions is sufficient to ensure 
that pullorum-typhoid is not present in a meat-type waterfowl breeding 
flock in the U.S. Pullorum-Typhoid Clean classification, as evidenced 
by the success of these provisions when used for the classification in 
other types of poultry.
    Proposed paragraph (c) would set out the provisions of the U.S. 
Avian Influenza Clean classification. The intent of this program would 
be to serve as the basis from which the meat-type waterfowl breeding-
hatchery industry may conduct a program for the prevention and control 
of H5/H7 AI. It would be intended to determine the presence of the H5/
H7 AI in meat-type waterfowl breeding flocks through routine 
surveillance of each participating breeding flock. There would be 
separate surveillance provisions for primary breeding flocks and 
multiplier breeding flocks of meat-type waterfowl.
    Paragraph (c)(1) would provide that a primary meat-type waterfowl 
breeding flock would qualify for the U.S. Avian Influenza Clean 
classification if a minimum of 30 birds from the flock have been tested 
negative to H5/H7 AI as provided in Sec.  145.14(d) when more than 4 
months of age. To retain this classification:
     A sample of at least 30 birds would have to be tested 
negative at intervals of 90 days; or
     A sample of fewer than 30 birds could be tested, and found 
to be negative, at any one time if all pens were equally represented 
and a total of 30 birds were tested within each 90-day period.
    Paragraph (c)(2) would provide that a multiplier meat-type 
waterfowl breeding flock would also qualify for the classification if a 
minimum of 30 birds from the flock have been tested negative to H5/H7 
AI as provided in Sec.  145.14(d) when more than 4 months of age. The 
options for retaining the classification would be identical to those 
for primary breeding flocks.
    Consistent with the changes proposed in this document to require 
testing of spent fowl in the AI programs for other types of poultry, 
paragraph (c)(3) would require that, during each 90-day period, all 
primary and multiplier spent fowl, up to a maximum of 30, be tested 
serologically and found negative within 21 days prior to movement to 
slaughter.
    These provisions would be sufficient to determine whether H5/H7 AI 
is present in participating meat-type waterfowl breeding flocks. 
Similar provisions have been used successfully in other AI 
classifications in part 145.
    Section 145.94, ``Terminology and classification; States,'' would 
set out conditions for the U.S. Pullorum-Typhoid Clean State 
classification. Several of the subparts for specific types of poultry 
in part 145 contain provisions for this classification. To be declared 
a U.S. Pullorum-Typhoid Clean State, APHIS would have to determine that 
the following two requirements have been met:
     The State is in compliance with the provisions contained 
in Sec. Sec.  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 proposed 145.93(b)(3)(i) through 
(vii). Compliance with these provisions ensures that the State has the 
infrastructure to detect and respond to outbreaks of pullorum-typhoid; 
and
     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. However, pullorum disease or fowl typhoid found 
within the preceding 24 months in waterfowl, exhibition poultry, and 
game bird breeding flocks would not prevent a State that is otherwise 
eligible from qualifying. This exception is standard in the U.S. 
Pullorum-Typhoid Clean State classifications; while pullorum disease is 
found extremely rarely in the United States, it is most often found in 
these types of poultry, often outside a commercial poultry production 
setting, and it is not necessary to remove a U.S. Pullorum-Typhoid 
Clean State classification for such a finding.
    If these conditions are discontinued, or repeated outbreaks of 
pullorum or typhoid occur in hatchery supply flocks of this section, or 
if an infection spreads from the originating premises, APHIS would have 
grounds to revoke its determination that the State is entitled to this 
classification. Such action would 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.
    As noted, several of the subparts for specific types of poultry in 
part 145 contain provisions for the U.S. Pullorum-Typhoid Clean State 
classification. All of those subparts contain lists of the provisions 
with which the State must be in compliance. Some of these do not 
reflect the addition of relevant provisions in subparts G and H (for 
primary egg-type chicken and

[[Page 57207]]

primary meat-type chicken breeding flocks, respectively); none of these 
include the provisions in Sec.  145.93(b)(3)(i) through (vii) that we 
are proposing to add. We are therefore also proposing to update the 
lists of provisions with which a State must be in compliance in order 
to be declared a U.S. Pullorum-Typhoid Clean State in Sec. Sec.  
145.24(a)(1)(i), 145.34(a)(1)(i), 145.44(a)(1)(i), and 145.54(a)(1)(i) 
to keep them up to date and to reflect the proposed changes.

Definition of H5/H7 LPAI in Part 146

    In Sec.  146.1, the term H5/H7 low pathogenic avian influenza 
(LPAI) is defined as follows: ``An infection of poultry caused by an 
influenza A virus of H5 or H7 subtype that has an intravenous 
pathogenicity index test in 6-week-old chickens less than 1.2 or any 
infection with influenza A viruses of H5 or H7 subtype for which 
nucleotide sequencing has not demonstrated the presence of multiple 
basic amino acids at the cleavage site of the hemagglutinin.''
    We added this definition to the regulations in an interim rule 
effective and published in the Federal Register on September 26, 2006 
(71 FR 53601-56333, Docket No. APHIS-2005-0109). It was based on the 
OIE guidelines for AI that were current at the time of publication.
    Since then, the OIE has updated its AI guidelines, including the 
definition of H5/H7 LPAI. To ensure that our regulations continue to be 
consistent with the OIE guidelines, we are proposing to update the 
definition of H5/H7 LPAI. The new definition would read: ``An infection 
of poultry caused by an influenza A virus of H5 or H7 subtype that has 
an intravenous pathogenicity index in 6-week-old chickens less than 1.2 
or less than 75 percent mortality in 4- to 8-week-old chickens infected 
intravenously, or an infection with influenza A viruses of H5 or H7 
subtype with a cleavage site that is not consistent with a previously 
identified highly pathogenic avian influenza virus.'' This change would 
keep the regulations up to date with international standards.

Addition of Provisions for Commercial Table-Egg Layer Pullets

    Subpart B of part 146 (Sec. Sec.  146.21 through 146.24) contains 
special provisions for commercial table-egg layer flocks. We are 
proposing to add provisions for commercial table-egg layer pullets to 
subpart B.
    We would define a table-egg layer pullet in Sec.  146.21 as a 
sexually immature domesticated chicken grown for the primary purpose of 
producing eggs for human consumption. By definition, because the table-
egg layer pullet is not sexually mature, it cannot yet lay eggs. 
Pullets are typically less than 20 weeks of age. Table-egg layer 
pullets are moved to a layer house when they become sexually mature, 
after which they are called table-egg layers. The regulations in 
subpart B have focused on table-egg layer flocks themselves, but the 
introduction of table-egg layer pullets into a flock is a potential 
pathway for the introduction of diseases, particularly as table-egg 
layer flocks are often assembled from multiple pullet sources. Thus, we 
are proposing to include provisions in the special provisions for 
commercial table-egg layers in subpart B of part 146 to address the 
table-egg layer pullets that will ultimately be moved onto the table-
egg layer premises.
    In addition, the definition of commercial table-egg layer flock in 
Sec.  146.1 reads: ``All table-egg layers of one classification in one 
barn or house.'' We are proposing to replace this with a new 
definition: ``All table-egg layers of common age or pullet source on 
one premises.'' Table-egg layer flocks are normally composed of birds 
of common age or pullet source, but the birds may be in one house or 
multiple houses; older table-egg layer premises are more likely to have 
one flock spread across multiple houses. By removing the requirement 
that a flock be contained in a single barn or house and instead 
designating a flock as a group of table-egg layers of common age or 
pullet source, we would more accurately reflect the organization of 
table-egg layer flocks. We would retain the definition of commercial 
table-egg layer premises in Sec.  146.1, which indicates that a 
premises includes all contiguous flocks of commercial table-egg layers 
under common ownership, to reflect the fact that a commercial table-egg 
layer premises may comprise many individual flocks.
    We would also add a definition of commercial table-egg layer pullet 
flock to Sec.  146.1. This definition would read as follows: ``A table-
egg layer flock prior to the onset of egg production.''
    In Sec.  146.23, paragraph (a) sets out the requirements of the 
U.S. H5/H7 Avian Influenza Monitored program for commercial table-egg 
layers. The introductory text of this paragraph states that this 
program is intended to be the basis from which the table-egg layer 
industry may conduct a program to monitor for the H5/H7 subtypes of AI. 
It is intended to determine the presence of the H5/H7 subtypes of AI in 
table-egg layers through routine serological surveillance of each 
participating commercial table-egg layer flock.
    We are proposing to amend this discussion to refer to commercial 
table-egg layer pullet flocks as well as commercial table-egg layer 
flocks. We are also proposing to remove the reference to serological 
testing specifically, for reasons similar to those given earlier for 
removing the specific references to serological testing from the U.S. 
H5/H7 Avian Influenza Clean classification for turkey breeding flocks 
and for waterfowl, exhibition poultry, and game bird breeding flocks.
    Within paragraph (a), paragraphs (a)(1), (a)(2), and (a)(3) set out 
the requirements for surveillance of commercial table-egg layers. We 
are proposing to add a new paragraph (a)(1) with requirements for 
table-egg layer pullet flocks and redesignate current (a)(1), (a)(2), 
and (a)(3) as paragraphs (a)(2)(i), (a)(2)(ii), and (a)(2)(iii). In 
those paragraphs, we would remove references to testing negative for 
antibodies to H5/H7 AI and instead refer simply to testing negative for 
H5/H7 AI, for the reasons mentioned earlier with regard to similar 
changes to the U.S. H5/H7 Avian Influenza Clean classification for 
turkey breeding flocks. We would also remove the current references to 
testing egg samples and add references to the official AI tests in 
Sec.  146.13(b), for the reasons mentioned earlier with regard to 
similar changes to the U.S. H5/H7 Avian Influenza Clean classification 
for waterfowl, game bird, and exhibition poultry breeding flocks.
    Proposed paragraph (a)(1) would provide two options by which table-
egg layer pullet flocks could qualify for the U.S. H5/H7 Avian 
Influenza Monitored classification. Such a flock would qualify if:
     It is a commercial table-egg layer pullet flock in which a 
minimum of 11 birds have been tested negative to the H5/H7 subtypes of 
AI as provided in Sec.  146.13(b) within 30 days prior to movement; or
     It is a commercial table-egg layer pullet flock that has 
an ongoing active and diagnostic surveillance program for the H5/H7 
subtypes of AI which the number of birds tested is equivalent to the 
number required in the other option and that is approved by the 
Official State Agency and the Service.
    Any ongoing active and diagnostic surveillance program that is 
approved by the Official State Agency and APHIS would have to test a 
number of birds equivalent to the first requirement, but this by itself 
would not be sufficient to secure approval for the program; the 
Official State Agency and APHIS would have to agree that the detailed 
testing

[[Page 57208]]

plan for the alternate program is sufficient to establish a level of 
confidence for the detection of AI that is equivalent to that of the 
first requirement. Allowing participating flocks to develop an 
alternative ongoing active and diagnostic surveillance program of 
equivalent efficacy would give the flock owners some flexibility.
    In Sec.  146.24, paragraph (a) sets out the provisions for the U.S. 
H5/H7 Avian Influenza Monitored State, Layers classification. We would 
amend these provisions to indicate that this classification also 
includes table-egg layer pullet flocks. Under paragraph (a)(1)(i), in 
order for a State to qualify for the U.S. H5/H7 Avian Influenza 
Monitored State, Layers classification, all the commercial table-egg 
layer flocks that are not exempt from the special provisions of subpart 
B under Sec.  146.22 and all the commercial table-egg layer pullet 
flocks that supply those flocks within the State would have to be 
classified as U.S. H5/H7 Avian Influenza Monitored under Sec.  
146.23(a). Requirements for specimen reporting and subtyping in 
paragraphs (a)(1)(iii) and (a)(1)(iv) would also apply to commercial 
table-egg layer pullet flocks as well as commercial table-egg layer 
flocks. Finally, under paragraph (a)(1)(v), all table-egg layer pullet 
flocks within the State that are found to be infected with H5/H7 AI 
would have to be quarantined, in accordance with an initial State 
response and containment plan as described in 9 CFR part 56 and under 
the supervision of the Official State Agency, the same as is currently 
required for table-egg layer flocks.
    These changes would expand the reach of the U.S. H5/H7 Avian 
Influenza Monitored classification for commercial table-egg layers and 
make it more effective.

Testing Procedures for Other U.S. H5/H7 Avian Influenza Monitored 
Classifications in Part 146

    Within part 146, Sec.  146.33 contains the requirements for the 
U.S. H5/H7 Avian Influenza Monitored classification for meat-type 
chicken slaughter plants, Sec.  146.43 contains the requirements for 
that classification for meat-type turkey slaughter plants, Sec.  
146.53(a) contains the requirements for commercial waterfowl and 
commercial upland game bird slaughter plants, and Sec.  146.53(b) 
contains the requirements for raised-for-release upland game birds and 
raised-for-release waterfowl. Similar to other classifications 
discussed earlier in this proposal, all of these classifications 
contain testing requirements for H5/H7 LPAI but do not specify that 
testing must be conducted as provided in Sec.  146.13(b), which 
contains the official AI tests for part 146. We are proposing to amend 
these requirements to indicate that birds must be tested for these 
classifications as provided in Sec.  146.13(b). In addition, we are 
proposing to remove a reference to testing for antibodies to H5/H7 LPAI 
in Sec.  146.53(a)(2), for reasons identical to those given for similar 
changes described earlier in this document.

Shoe Cover Sampling Technique for Collection of Salmonella Samples

    Section 147.12 sets out procedures for collection, isolation, and 
identification of Salmonella from environmental samples, cloacal swabs, 
chick box papers, and meconium samples. Paragraph (a) of Sec.  147.12 
sets out procedures specific to egg- and meat-type chickens, waterfowl, 
exhibition poultry, and game birds. This paragraph includes various 
methods for collecting samples and a procedure for testing chick 
meconium.
    We are proposing to add a new sampling technique in a proposed new 
paragraph (a)(6). This technique uses absorbable shoe covers to collect 
samples. Absorbable fabric shoe covers involve the exposure of the 
bottom surface of shoe covers to the surface of floor litter and slat 
areas. The shoe cover sampling technique would involve wearing clean 
latex gloves and placing the shoe covers over footwear that is only 
worn inside the poultry house. This could be footwear dedicated to the 
facility or disposable overshoes. Each pair of shoe covers would be 
worn while walking at a normal pace over a distance of 305 meters (1000 
feet). For flocks with fewer than 500 breeders, at least 1 pair of shoe 
covers would be worn to sample the floor of the bird area. For flocks 
with 500 or more breeders, at least 2 pairs of shoe covers would be 
worn to sample the floor of the bird area. After sampling, each shoe 
cover would be placed in a sterile container with 30 ml of double 
strength skim milk, to protect Salmonella viability during storage and 
shipment. The sterile containers would have to be sealed and promptly 
refrigerated at 2 to 4 [deg]C or place in a cooler with ice or ice 
packs, but not frozen. Samples would have to be stored at refrigerator 
temperatures of 2 to 4 [deg]C no more than 5 days prior to culturing.
    This procedure would provide an effective alternative means to 
collect Salmonella samples in poultry houses.

Approved Tests

    Within Sec.  147.52, paragraph (b) sets out a procedure by which 
diagnostic test kits that are not licensed by APHIS (e.g., 
bacteriological culturing kits) may be approved for use in the NPIP. We 
are proposing to list in a new paragraph (c) in Sec.  147.52 the test 
kits that have been approved through this process. These are the test 
kits we are proposing to list:
     Rapid Chek(copyright)Select TMSalmonella Test Kit, 
Strategic Diagnostics, Inc. Newark, DE 19713.
     ADIAFOOD Rapid Pathogen Detection System for Salmonella 
spp., AES Chemu