National Poultry Improvement Plan and Auxiliary Provisions, 62559-62572 [2020-21798]

Download as PDF Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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 Frm 00015 Fmt 4700 Sfmt 4700 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. E:\FR\FM\05OCR1.SGM 05OCR1 62560 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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’’ VerDate Sep<11>2014 16:09 Oct 02, 2020 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 PO 00000 Frm 00016 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 E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 Frm 00017 Fmt 4700 Sfmt 4700 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). E:\FR\FM\05OCR1.SGM 05OCR1 62562 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES * * * * * 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: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 § 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 E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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: jbell on DSKJLSW7X2PROD with RULES § 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 VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 62563 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). ■ ■ ■ E:\FR\FM\05OCR1.SGM 05OCR1 62564 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES * * * * * (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 VerDate Sep<11>2014 16:09 Oct 02, 2020 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). * * * * * PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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), jbell on DSKJLSW7X2PROD with RULES ■ VerDate Sep<11>2014 16:09 Oct 02, 2020 § 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: Jkt 253001 * * * * * (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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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 ■ E:\FR\FM\05OCR1.SGM 05OCR1 jbell on DSKJLSW7X2PROD with RULES 62566 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations § 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 VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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, PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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: jbell on DSKJLSW7X2PROD with RULES ■ § 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 VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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.) PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 62567 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 ■ E:\FR\FM\05OCR1.SGM 05OCR1 62568 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 (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 ■ PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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. E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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. VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 (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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 62569 (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 E:\FR\FM\05OCR1.SGM 05OCR1 jbell on DSKJLSW7X2PROD with RULES 62570 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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, PO 00000 Frm 00026 Fmt 4700 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, E:\FR\FM\05OCR1.SGM 05OCR1 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. jbell on DSKJLSW7X2PROD with RULES * * * * * (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 VerDate Sep<11>2014 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05OCR1.SGM 05OCR1 62572 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations 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: jbell on DSKJLSW7X2PROD with RULES § 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, VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Rules and Regulations]
[Pages 62559-62572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21798]


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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

AGENCY: Animal and Plant Health Inspection Service, Department of 
Agriculture (USDA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: 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 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 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, 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.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0062.
---------------------------------------------------------------------------

    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.

[[Page 62560]]

    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 Sec. Sec.  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 gamebird-specific 
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'' 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 Sec.  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 Sec.  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 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

[[Page 62561]]

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 Sec.  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 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 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).

[[Page 62562]]

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

0
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.


0
2. Section 56.1 is amended as follows:
0
a. By adding, in alphabetical order, definitions for Cleaning, 
Compensation, and Disinfection;
0
b. By removing the definitions for H5/H7 LPAI exposed and H5/H7 LPAI 
virus infection (infected); and
0
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:


Sec.  56.1  Definitions.

* * * * *
    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 
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 (non-infectious). (1) Poultry will be 
considered to be exposed (non-infectious) 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.

0
3. Section 56.3 is amended by revising the section heading and 
paragraphs (a) introductory text, (b), and (c) to read as follows:


Sec.  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 Sec.  
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 meat-type 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 
Sec.  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

[[Page 62563]]

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, as described in Sec.  146.14 of this chapter, 
and has an initial State response and containment plan for H5/H7 LPAI 
that is approved by APHIS under Sec.  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.

0
4. Section 56.4 is revised to read as follows:


Sec.  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 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 Sec.  56.5 and in the initial State response and 
containment plan described in Sec.  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 Sec.  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 Sec.  56.5 and in the initial State response 
and containment plan described in Sec.  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 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 Sec.  56.5 and in the 
initial State response and containment plan described in Sec.  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)


0
5. Section 56.5 is amended as follows:
0
a. By revising the section heading;
0
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
0
c. By revising paragraphs (c)(2) and (d).

[[Page 62564]]

    The revisions read as follows:


Sec.  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 Sec.  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 Sec.  
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 Sec.  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.

0
6. Section 56.6 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraph (a), by removing the word ``Compensation'' and adding 
the word ``Indemnity'' in its place;
0
c. By revising paragraph (b); and
0
d. In paragraph (c), by adding the words ``(virus elimination)'' after 
the word ``disinfection'' each time it appears.
    The revision reads as follows:


Sec.  56.6  Presentation of claims for indemnity and/or compensation.

* * * * *
    (b) Indemnity for the value of eggs to be destroyed due to 
infection or exposure to H5/H7 LPAI; and
* * * * *

0
7. Section 56.8 is amended as follows:
0
a. In paragraph (a) introductory text, by removing the word ``may'' and 
adding the word ``shall'' in its place; and
0
b. By revising paragraph (b).
    The revision reads as follows:


Sec.  56.8  Conditions for payment.

* * * * *
    (b)(1) If indemnity for the destroyed poultry or eggs is being 
provided for 100 percent of eligible costs under Sec.  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 Sec.  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.
* * * * *


Sec.  56.9  [Amended]

0
8. Section 56.9 is amended as follows:
0
a. In paragraph (a), by removing the citation ``Sec.  56.4(a)(1)'' and 
adding the citation ``Sec.  56.4(a)'' in its place; and
0
b. In paragraph (b), by adding the words ``and/or compensation'' after 
the word ``indemnity'' both times it appears.

0
9. Section 56.10 is amended as follows:
0
a. In paragraph (a) introductory text, by adding the words ``and/or 
compensation'' after the word ``indemnity''; and
0
b. By adding an OMB citation at the end of the section.
    The addition reads as follows:


Sec.  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

0
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.


0
11. Section 145.1 is amended as follows:
0
a. By revising the definition for Avian influenza;
0
b. By adding, in alphabetical order, a definition for Newcastle 
disease; and
0
c. By revising the definition for NPIP Program Standards.
    The revisions and addition read as follows:


Sec.  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).
* * * * *
    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 C-terminus 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 
Sec.  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.
* * * * *

0
12. Section 145.7 is revised to read as follows:


Sec.  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 Sec.  147.53 of this subchapter).

0
13. Section 145.14 is amended as follows:
0
a. By revising paragraphs (d)(1) and (2) introductory text; and
0
b. By adding paragraph (e).
    The revisions and addition read as follows:


Sec.  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

[[Page 62565]]

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 Sec.  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 molecular-based tests for 
antigen detection.
* * * * *


Sec.  145.23  [Amended]

0
14. Section 145.23 is amended as follows:
0
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.


Sec.  145.24  [Amended]

0
15. In Sec.  145.24, paragraph (a)(1)(i) is amended by removing ``Sec.  
145.23(b)(3)(i) through (vii), Sec.  145.33(b)(3)(i) through (vii), 
Sec.  145.43(b)(3)(i) through (vi), Sec.  145.53(b)(3)(i) through 
(vii), Sec.  145.73(b)(2)(i), Sec.  145.83(b)(2)(i), and Sec.  
145.93(b)(3)(i) through (vii)'' and adding ``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), 
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in 
its place.

0
16. Section 145.33 is amended as follows:
0
a. In paragraph (l)(1)(ii), by removing the number ``30'' and adding 
the number ``15'' in its place; and
0
b. By revising paragraph (l)(2).
    The revision reads as follows:


Sec.  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.
* * * * *


Sec.  145.34  [Amended]

0
17. In Sec.  145.34, paragraph (a)(1)(i) is amended by removing ``Sec.  
145.23(b)(3)(i) through (vii), Sec.  145.33(b)(3)(i) through (vii), 
Sec.  145.43(b)(3)(i) through (vi), Sec.  145.53(b)(3)(i) through 
(vii), Sec.  145.73(b)(2)(i), Sec.  145.83(b)(2)(i), and Sec.  
145.93(b)(3)(i) through (vii)'' and adding ``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), 
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in 
its place.

0
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:


Sec.  145.43  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 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 described in Sec.  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 
Sec.  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 USDA-licensed 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 Sec.  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 Sec.  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)


Sec.  145.44  [Amended]

0
19. In Sec.  145.44, paragraph (a)(1)(i) is amended by removing ``Sec.  
145.23(b)(3)(i) through (vii), Sec.  145.33(b)(3)(i) through (vii), 
Sec.  145.43(b)(3)(i) through (vi), Sec.  145.53(b)(3)(i) through 
(vii), Sec.  145.73(b)(2)(i), Sec.  145.83(b)(2)(i), and

[[Page 62566]]

Sec.  145.93(b)(3)(i) through (vii)'' and adding ``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), Sec.  145.83(b)(2)(i), 145.93(b)(3)(i) through (vii), 
and 145.103(b)(3)(i) through (ix)'' in its place.

0
20. Section 145.45 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. In paragraph (a)(1) introductory text, by adding the words ``and 
ND'' after the word ``AI'' each time it appears;
0
c. In paragraph (a)(1)(i):
0
i. By adding the words ``and ND Clean in accordance with Sec.  
145.43(h)'' after the citation ``Sec.  145.43(g)'';
0
ii. By adding the words ``and ND'' after the words ``official tests for 
AI'' and adding the words ``and (e)'' after the citation ``Sec.  
145.14(d)''; and
0
iii. By removing the word ``AI-related'' and adding the words ``AI and 
ND-related'' in its place;
0
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;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the 
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. By removing the words ``Clean classification'' and adding the words 
``and ND Clean classifications'' in their place;
0
ii. By adding the words ``and ND'' after the word ``AI'' both times it 
appears; and
0
iii. By removing the words ``avian influenza surveillance'' and adding 
the words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iii), by adding the words ``and ND'' after the 
word ``Influenza'';
0
h. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program 
as described in Sec.  145.43(h)'' after the citation ``Sec.  
145.43(g)'';
0
i. In paragraph (a)(3)(vii), by adding the words ``and (h)'' after the 
citation ``145.43(g)'';
0
j. In paragraph (a)(4), by adding the words ``and ND'' after the word 
``AI'' both times it appears; and
0
k. By adding an OMB citation at the end of the section.
    The revision and addition read as follows:


Sec.  145.45  Terminology and classification; compartments.

    (a) US H5/H7 AI and ND Clean Compartment. The program in this 
section is intended to be the basis from which the primary turkey 
breeding-hatchery 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)


0
21. The heading for subpart E, consisting of Sec. Sec.  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

0
22. Section 145.51 is amended as follows:
0
a. By removing the definition for Game birds;
0
b. By adding, in alphabetical order, definitions for Hobbyist poultry 
and Raised-for-release waterfowl; and
0
c. By removing the definition for Waterfowl.
    The additions read as follows:


Sec.  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.

0
23. Section 145.52 is amended as follows:
0
a. By revising the introductory text;
0
b. In paragraph (c), by removing the words ``in open-air facilities''; 
and
0
c. By adding paragraph (f).
    The revision and addition read as follows:


Sec.  145.52  Participation.

    Participating flocks of hobbyist and exhibition poultry, raised-
for-release waterfowl, and the eggs, chicks, started, 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.

0
24. Section 145.53 is amended as follows:
0
a. In the introductory text, by removing the words ``and baby'' and 
adding the words ``, chicks, started, and mature'' in their place.
0
b. In paragraph (b)(5), by removing the words ``exhibition waterfowl 
or''; and
0
c. By revising paragraph (f).
    The revision reads as follows:


Sec.  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 breeding-hatching 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 Sec.  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 Sec.  
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

[[Page 62567]]

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 Sec.  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.
* * * * *


Sec.  145.54  [Amended]

0
25. In Sec.  145.54, paragraph (a)(1)(i) is amended by removing ``Sec.  
145.23(b)(3)(i) through (vii), Sec.  145.33(b)(3)(i) through (vii), 
Sec.  145.43(b)(3)(i) through (vi), Sec.  145.53(b)(3)(i) through 
(vii), Sec.  145.73(b)(2)(i), Sec.  145.83(b)(2)(i), and Sec.  
145.93(b)(3)(i) through (vii)'' and adding ``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), 
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in 
its place.

0
26. Section 145.73 is amended as follows:
0
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;
0
b. By removing paragraph (d)(3) and redesignating paragraphs (d)(4) and 
(5) as paragraphs (d)(3) and (4), respectively; and
0
c. By adding paragraph (h) and an OMB citation at the end of the 
section.
    The additions read as follows:


Sec.  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 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 Sec.  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 
Sec.  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 USDA-licensed 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 Sec.  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 Sec.  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)


0
27. Section 145.74 is amended as follows:
0
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'';
0
b. In paragraph (a)(1) introductory text, by adding the words ``and 
ND'' after the word ``AI'' each time it appears;
0
c. In paragraph (a)(1)(i):
0
i. By adding the words ``and ND Clean in accordance with Sec.  
145.73(h)'' after the words ``in accordance with Sec.  145.73(f)'';
0
ii. By adding the words ``and ND'' after the words ``official tests for 
AI'' and adding the words ``and (e)'' after the citation ``Sec.  
145.14(d)''; and
0
iii. By removing the word ``AI-related'' and adding the words ``AI and 
ND-related'' in its place;
0
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;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the 
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. By removing the words ``Clean classification'' and adding the words 
``and ND Clean classifications'' in their place;
0
ii. By adding the words ``and ND'' after the word ``AI'' both times it 
appears; and
0
iii. By removing the words ``avian influenza surveillance'' and adding 
the words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iii), by adding the words ``and ND'' after the 
word ``Influenza'';
0
h. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program 
as described in


Sec.  145.73  (h)'' after the citation ``Sec.  145.73(f)'';

0
i. In paragraph (a)(3)(vii), by removing the citation ``Sec. Sec.  
145.15 and 145.73(f)'' and adding the citation ``Sec. Sec.  145.15, 
145.73(f), and 145.73(h)'' in its place;
0
j. In paragraph (a)(4), by adding the words ``and/or ND'' after the 
word ``AI'' both times it appears; and

[[Page 62568]]

0
k. By adding an OMB citation at the end of the section.
    The revision and addition read as follows:


Sec.  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)


0
28. Section 145.83 is amended as follows:
0
a. By removing paragraph (e)(1)(iv) and redesignating paragraphs 
(e)(1)(v) and (vi) as paragraphs (e)(1)(iv) and (v), respectively; and
0
b. By adding paragraph (h) and an OMB citation at the end of the 
section.
    The additions read as follows:


Sec.  145.83  Terminology and classification; flocks and products.

* * * * *
    (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 Sec.  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 
Sec.  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 USDA-licensed 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 described in Sec.  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 Sec.  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)


0
29. Section 145.84 is amended as follows:
0
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'';
0
b. In paragraph (a)(1) introductory text, by adding the words ``and 
ND'' after the word ``AI'' each time it appears;
0
c. By revising paragraph (a)(1)(i);
0
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;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the 
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. Removing the words ``Clean classification'' and adding the words 
``and ND Clean classifications'' in their place;
0
ii. Adding the words ``and ND'' after the word ``AI'' both times it 
appears; and
0
iii. Removing the words ``avian influenza surveillance'' and adding the 
words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program 
as described in Sec.  145.83(h)'' after the citation ``Sec.  
145.83(g)'';
0
h. In paragraph (a)(3)(vii), by adding the words ``and (h)'' after the 
citation ``145.83(g)'';. and
0
i. By adding an OMB citation at the end of the section.
    The revisions and addition read as follows:


Sec.  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 Sec.  145.83(g) and ND Clean 
in accordance with Sec.  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 Sec.  56.10 of this chapter and that 
participates in the diagnostic surveillance program for H5/H7 low 
pathogenicity AI as described in Sec.  145.15. Within the compartment, 
all official tests for AI and ND, as described in Sec.  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 
Sec.  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)


Sec.  145.94  [Amended]

0
30. In Sec.  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)''.

0
31. Subpart J, consisting of Sec. Sec.  145.101 to 145.104, is added to 
read as follows:
Subpart J--Special Provisions for Egg/Meat-Type Game Bird and Raised-
for-Release Game Bird Breeding Flocks and Products
Sec.

[[Page 62569]]

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-for-Release Game Bird Breeding Flocks and Products


Sec.  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.


Sec.  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.
    (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 
Sec.  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 Sec.  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
    (8) The appropriate NPIP illustrative design in Sec.  145.10. One 
of the designs in Sec.  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. Pullorum-Typhoid Clean).


Sec.  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 Sec.  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 Sec.  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 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 shall 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

[[Page 62570]]

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 
Pullorum-Typhid: 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. Pullorum-Typhoid 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 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 Sec.  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 
Sec.  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, 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 Sec.  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.


Sec.  145.104  Terminology and classification; States.

    (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 
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), 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,

[[Page 62571]]

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

0
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.


0
33. Section 146.13 is amended as follows:
0
a. By revising paragraph (b)(1); and
0
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:


Sec.  146.13  Testing.

* * * * *
    (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 Sec.  147.53 of this subchapter) for the avian 
influenza 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.
* * * * *

0
34. Section 146.51 is revised to read as follows:


Sec.  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.

0
35. Section 146.52 is revised to read as follows:


Sec.  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 25,000 birds are exempt from the special provisions of this 
subpart.

0
36. Section 146.53 is amended as follows:
0
a. In the introductory text, by adding the words ``slaughter plants 
and'' after the word ``Participating'' and removing the words ``of this 
part'';
0
b. By revising paragraph (a) introductory text;
0
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;
0
d. By revising paragraph (a)(2);
0
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;
0
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''.
0
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''.
0
h. By removing and reserving paragraph (b).
    The revisions read as follows:


Sec.  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

[[Page 62572]]

in Sec.  146.13(b), no more than 21 days prior to slaughter;
* * * * *

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

0
37. The authority citation for part 147 continues to read as follows:

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


0
38. Section 147.45 is revised to read as follows:


Sec.  147.45  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.

0
39. Section 147.48 is revised to read as follows:


Sec.  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.

0
40. In Sec.  147.52, paragraph (b) is revised to read as follows:


Sec.  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, Service-
approved laboratory workshops for Plan-specific diseases.
* * * * *

    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