This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

15791 

Vol. 76, No. 55 

Tuesday, March 22, 2011 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/

fdmspublic/component/main?main=DocketDetail&

d=APHIS-2009-0031. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 56, 145, 146, and 147 

[Docket No. APHIS–2009–0031] 

RIN 0579–AD21 

National Poultry Improvement Plan and 

Auxiliary Provisions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the National 

Poultry Improvement Plan (the Plan) 

and its auxiliary provisions by 

providing new or modified sampling 

and testing procedures for Plan 

participants and participating flocks. 

The changes were voted on and 

approved by the voting delegates at the 

Plan’s 2008 National Plan Conference. 

These changes will keep the provisions 

of the Plan current with changes in the 

poultry industry and provide for the use 

of new sampling and testing procedures. 

DATES: Effective Date: April 21, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

C. Stephen Roney, DVM, Senior Staff 

Officer, NPIP, VS, APHIS, USDA, 1506 

Klondike Road, Suite 300, 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, flocks, 

hatcheries, dealers, and slaughter plants 

that meet certain disease control 

standards specified in the Plan’s various 

programs. As a result, customers can 

buy poultry that has tested clean of 

certain diseases or that has been 

produced under disease-prevention 

conditions. 

The regulations in 9 CFR parts 145, 

146, and 147 (referred to below as the 

regulations) contain the provisions of 

the Plan. The Animal and Plant Health 

Inspection Service (APHIS) of the U.S. 

Department of Agriculture (USDA) 

amends these provisions from time to 

time to incorporate new scientific 

information and technologies within the 

Plan. 

On September 20, 2010, we published 

in the Federal Register (75 FR 57200– 

57215, Docket No. APHIS–2009–0031) a 

proposal 1 to amend the Plan and its 

auxiliary provisions by providing new 

or modified sampling and testing 

procedures for Plan participants and 

participating flocks. The proposed 

changes were voted on and approved by 

the voting delegates at the Plan’s 2008 

National Plan Conference. These 

changes were intended to keep the 

provisions of the Plan current with 

changes in the poultry industry and 

provide for the use of new sampling and 

testing procedures. 

We solicited comments concerning 

our proposal for 60 days ending 

November 19, 2010. We received three 

comments by that date. They were from 

a producer and two citizens. One 

commenter supported the proposed 

rule, and one did not raise any issues 

related to the proposed rule. 

One commenter generally objected to 

our proposed addition of provisions 

under which a flock could be designated 

‘‘Salmonella negative’’ to the regulations 

in § 145.83(f) for the U.S. Salmonella 

Monitored classification for primary 

meat-type chicken breeding flocks. 

However, this commenter did not raise 

any specific concerns. 

We continue to believe that the 

Salmonella negative designation will 

provide an effective means for flock 

owners to demonstrate their flocks’ 

freedom from Salmonella based on 

regular testing. We are not making any 

changes to the proposed rule in 

response to this comment. 

We are, however, amending the 

proposed provisions in paragraph (f) of 

§ 145.83 to capitalize the word 

Salmonella each time it is used. 

In addition, our proposed changes to 

paragraph (b) of § 145.14 indicated that 

the polymerase chain reaction (PCR)- 

based test is an official blood test for 

Mycoplasma gallisepticum, M. 

meleagridis, and M. synoviae. As the 

PCR-based test is not a blood test, we 

are changing proposed paragraph (b) to 

refer simply to official tests. 

Finally, we are updating the footnote 

to the shoe cover sampling technique 

we proposed to add in § 147.12 to give 

the NPIP’s current address. It has 

changed since the publication of the 

proposal. We are also updating the 

NPIP’s address in the other footnotes to 

§ 147.12 and the footnote to § 147.5. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This rule will introduce a set of minor 

changes to the NPIP and will not 

involve significant changes in program 

operations. These changes are in line 

with the industry’s best practices and 

would likely involve no additional costs 

in order to meet these requirements. 

Additionally, the NPIP is a voluntary 

program established between the 

industry and State and Federal 

governments. Any person producing or 

dealing in products may participate in 

the NPIP when he or she has 

demonstrated that his or her facilities, 


Emcdonald on DSK2BSOYB1PROD with RULES
15792 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

3Procedures for the enzyme-linked 

immunosorbent assay (ELISA) test are set forth in 

the following publications: 

A.A. Ansari, R.F. Taylor, T.S. Chang, 

‘‘Application of Enzyme-Linked Immunosorbent 

Assay for Detecting Antibody to Mycoplasma 

gallisepticum Infections in Poultry,’’ Avian 

Diseases, Vol. 27, No. 1, pp. 21–35, January–March 

1983; and 

personnel, and practices are adequate 

for carrying out the applicable 

provisions of the NPIP. NPIP 

participation allows for greater ease in 

moving hatching eggs/live birds within 

a State, across State lines, and into other 

countries. Most countries will not 

accept hatching eggs/live birds and 

commercial poultry from a U.S. 

operation unless it can be shown to be 

a NPIP participant. The poultry industry 

plays a very important role in the U.S. 

economy, and these amendments will 

help to ensure the safety of the industry 

and benefit the economy. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Has no 

retroactive effect; and (2) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This final rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

9 CFR Part 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 9 CFR 

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 removing the definitions of 

commercial meat-type flock, 

commercial table-egg layer flock, 

commercial table-egg layer premises, 

meat-type chicken, and meat-type 

turkey. 

■ b. By adding a definition of 

commercial flock or slaughter plant, in 

alphabetical order, to read as set forth 

below. 

§ 56.1 Definitions. 

* * * * * 

Commercial flock or slaughter plant. 

A commercial poultry flock or slaughter 

plant that is required because of its size 

to participate in the special provisions 

in part 146 of this chapter in order to 

participate in the Plan. 

* * * * * 

■ 3. Section 56.3 is amended as follows: 

■ a. In paragraph (b) introductory text, 

by removing the word ‘‘(b)(7)’’ each time 

it occurs and adding the word ‘‘(b)(3)’’ in 

its place. 

■ b. By revising paragraphs (b)(1) and 

(b)(2) to read as set forth below. 

■ c. By removing paragraphs (b)(4) 

through (b)(6). 

■ d. By redesignating paragraph (b)(7) as 

paragraph (b)(3). 

§ 56.3 Payment of indemnity. 

* * * * * 

(b) * * * 

(1) The poultry are from a breeding 

flock that participates in any Plan 

program in part 145 of this chapter but 

that does not participate in the U.S. 

Avian Influenza Clean or the U.S. 

H5/H7 Avian Influenza Clean program 

of the Plan available to the flock in part 

145 of this chapter; or 

(2) The poultry are from a commercial 

flock or slaughter plant, but the flock or 

slaughter plant does not participate in 

the U.S. Avian Influenza Monitored 

program available to the commercial 

flock or slaughter plant in part 146 of 

this chapter; or 

* * * * * 

PART 145—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR BREEDING 

POULTRY 

■ 4. 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. 

■ 5. Section 145.1 is amended by 

adding, in alphabetical order, a new 

definition of avian influenza to read as 

follows: 

§ 145.1 Definitions. 

* * * * * 

Avian influenza. An infection or 

disease of poultry caused by viruses in 

the family Orthomyxoviridae, genus 

Influenzavirus A. 

* * * * * 

■ 6. Section 145.10 is amended as 

follows: 

■ a. By revising the introductory text to 

read as set forth below. 

■ b. In paragraph (r), by removing the 

words ‘‘and 145.53(e)’’ and adding the 

words ‘‘145.63(b), 145.73(f), and 

145.83(g)’’ in their place. 

■ c. In paragraph (t), by removing the 

citation ‘‘§ 145.43(g)’’ and adding the 

words ‘‘§§ 145.43(g), 145.53(e), and 

145.93(b)’’ in its place. 

§ 145.10 Terminology and classification; 

flocks, products, and States. 

Participating flocks, products 

produced from them, and States that 

have met the requirements of a 

classification in this part may be 

designated by the corresponding 

illustrative design in this section. 

* * * * * 

■ 7. Section 145.14 is amended as 

follows: 

■ a. In the introductory text, in the first 

sentence, by removing the word ‘‘blood’’ 

each time it occurs. 

■ b. In the introductory text, in the 

second sentence, by removing the words 

‘‘Blood samples’’ and adding the word 

‘‘Samples’’ in its place; and by removing 

the word ‘‘drawn’’ and adding the word 

‘‘collected’’ in its place. 

■ c. By revising the heading of 

paragraph (b) and paragraph (b)(1) to 

read as set forth below. 

■ d. In paragraph (b)(2), by adding the 

word ‘‘serological’’ before the word 

‘‘tests’’; and by adding the words ‘‘, M. 

meleagridis,’’ after the word 

‘‘gallisepticum’’. 

■ e. By revising paragraph (b)(5) to read 

as set forth below. 

■ f. By removing and reserving 

paragraph (c). 

§ 145.14 Testing. 

* * * * * 

(b) For Mycoplasma gallisepticum, M. 

meleagridis, and M. synoviae. (1) The 

official tests for M. gallisepticum, M. 

meleagridis, and M. synoviae shall be 

the serum plate agglutination test, the 

tube agglutination test, the 

hemagglutination inhibition (HI) test, 

the microhemagglutination inhibition 

test, the enzyme-linked immunosorbent 

assay (ELISA) test,3 a polymerase chain 


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Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15793 

H.M. Opitz, J.B. Duplessis, and M.J. Cyr, ‘‘Indirect 

Micro-Enzyme-Linked Immunosorbent Assay for 

the Detection of Antibodies to Mycoplasma 

synoviae and M. gallisepticum,’’ Avian Diseases, 

Vol. 27, No. 3, pp. 773–786, July–September 1983; 

and 

H.B. Ortmayer and R. Yamamoto, ‘‘Mycoplasma 

Meleagridis Antibody Detection by Enzyme-Linked 

Immunosorbent Assay (ELISA),’’ Proceedings, 30th 

Western Poultry Disease Conference, pp. 63–66, 

March 1981. 

reaction (PCR)-based test, or a 

combination of two or more of these 

tests. The HI test or the 

microhemagglutination inhibition test 

shall be used to confirm the positive 

results of other serological tests. HI 

titers of 1:40 or more may be interpreted 

as suspicious, and final judgment must 

be based on further samplings and/or 

culture of reactors. 

* * * * * 

(5) The official molecular examination 

procedures for M. gallisepticum are the 

PCR test described in § 147.30 of this 

subchapter and the real-time PCR test 

described in § 147.31 of this subchapter. 

The official molecular examination 

procedure for M. synoviae is the PCR 

test described in § 147.30 of this 

subchapter. 

* * * * * 

■ 8. Section 145.23 is amended as 

follows: 

■ a. In paragraph (b)(2)(iii), in the first 

sentence, by removing the words ‘‘either 

no poultry or’’, and by removing the 

word ‘‘were’’ and adding the word ‘‘was’’ 

in its place. 

■ b. In paragraph (h) introductory text, 

by removing the words ‘‘serological’’ and 

‘‘one of’’. 

■ c. By adding a new paragraph (h)(1) 

and revising paragraph (h)(2) to read as 

set forth below. 

§ 145.23 Terminology and classification; 

flocks and products. 

* * * * * 

(h) * * * 

(1) It is a multiplier breeding flock in 

which a minimum of 30 birds have been 

tested negative for antibodies to avian 

influenza when more than 4 months of 

age. To retain this classification: 

(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 is 

tested within each 90-day period; or 

(iii) The flock is tested as provided in 

§ 145.14(d) at intervals of 30 days or less 

and found to be negative, and a total of 

30 samples are collected and tested 

within each 90-day period; and 

(2) During each 90-day period, all 

multiplier spent fowl, up to a maximum 

of 30, must be tested and found negative 

within 21 days prior to movement to 

slaughter. 

* * * * * 

§ 145.24 [Amended] 

■ 9. In § 145.24, paragraph (a)(1)(i) is 

amended by removing the word ‘‘and’’ 

and by adding the words ‘‘, and 

§ 145.93(b)(3)(i) through (vii)’’ before the 

period at the end of the paragraph. 

■ 10. Section 145.33 is amended as 

follows: 

■ a. In paragraph (b)(2)(iii), in the first 

sentence, by removing the words ‘‘either 

no poultry or’’, and by removing the 

word ‘‘were’’ and adding the word ‘‘was’’ 

in its place. 

■ b. In paragraph (l) introductory text, 

by removing the words ‘‘serological’’ and 

‘‘one of’’. 

■ c. By adding a new paragraph (l)(1) 

and revising paragraph (l)(2) to read as 

set forth below. 

§ 145.33 Terminology and classification; 

flocks and products. 

* * * * * 

(l) * * * 

(1) It is a multiplier breeding flock in 

which a minimum of 30 birds have been 

tested negative for antibodies to avian 

influenza when more than 4 months of 

age. To retain this classification: 

(i) A sample of at least 15 birds must 

be tested negative at intervals of 90 

days; or 

(ii) A sample of fewer than 15 birds 

may be tested, and found to be negative, 

at any one time if all pens are equally 

represented and a total of 30 birds is 

tested within each 90-day period; or 

(iii) The flock is tested as provided in 

§ 145.14(d) at intervals of 30 days or less 

and found to be negative, and a total of 

15 samples are collected and tested 

within each 90-day period; and 

(2) During each 90-day period, all 

multiplier spent fowl, up to a maximum 

of 30, must be tested and found negative 

within 21 days prior to movement to 

slaughter. 

* * * * * 

§ 145.34 [Amended] 

■ 11. In § 145.34, paragraph (a)(1)(i) is 

amended by removing the word ‘‘and’’ 

and by adding the words ‘‘, and 

§ 145.93(b)(3)(i) through (vii)’’ before the 

period at the end of the paragraph. 

■ 12. Section 145.43 is amended as 

follows: 

■ a. In paragraph (b)(2)(iii), in the first 

sentence, by removing the words ‘‘either 

no poultry or’’, and by removing the 

word ‘‘were’’ and adding the word ‘‘was’’ 

in its place. 

■ b. By removing and reserving 

paragraphs (d)(2) and (d)(3). 

■ c. In paragraph (f)(5), by redesignating 

footnote 6 as footnote 5. 

■ d. In paragraph (g) introductory text, 

by removing the words ‘‘H5 and H7’’ and 

adding the word ‘‘H5/H7’’ in their place 

each time they appear; and by removing 

the word ‘‘serological’’. 

■ e. By revising paragraph (g)(1) 

introductory text and paragraph (g)(2) 

introductory text to read as set forth 

below. 

■ f. In paragraphs (g)(1)(i) and (g)(2)(i), 

by removing the words ‘‘Provided, that 

primary spent fowl be tested within 30 

days prior to movement to disposal;’’. 

■ g. By redesignating paragraph (g)(3) as 

paragraph (g)(4). 

■ h. By adding a new paragraph (g)(3) to 

read as set forth below. 

§ 145.43 Terminology and classification; 

flocks and products. 

* * * * * 

(g) * * * 

(1) It is a primary breeding flock in 

which a minimum of 30 birds have been 

tested negative to the H5/H7 subtypes of 

avian influenza as provided in 

§ 145.14(d) when more than 4 months of 

age and prior to the onset of egg 

production. To retain this classification: 

* * * * * 

(2) It is a multiplier breeding flock in 

which a minimum of 30 birds have been 

tested negative to the H5/H7 subtypes of 

avian influenza as provided in 

§ 145.14(d) when more than 4 months of 

age and prior to the onset of egg 

production. To retain this classification: 

* * * * * 

(3) During each 90-day period, all 

spent fowl, up to a maximum of 30, 

must be tested and found negative 

within 21 days prior to movement to 

slaughter. 

* * * * * 

§ 145.44 [Amended] 

■ 13. In § 145.44, paragraph (a)(1)(i) is 

amended by removing the word ‘‘and’’; 

and by adding the words ‘‘, 

§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and 

§ 145.93(b)(3)(i) through (vii)’’ before the 

period at the end of the paragraph. 

Subpart E—Special Provisions for 

Hobbyist and Exhibition Waterfowl, 

Exhibition Poultry, and Game Bird 

Breeding Flocks and Products 

■ 14. The heading for subpart E is 

revised to read as set forth above. 

■ 15. In § 145.52, the introductory text 

is revised to read as follows: 

§ 145.52 Participation. 

Participating flocks of hobbyist and 

exhibition waterfowl, exhibition 

poultry, and game birds, and the eggs 


Emcdonald on DSK2BSOYB1PROD with RULES
15794 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

and baby poultry produced from them 

shall comply with the applicable 

general provisions of subpart A of this 

part and the special provisions of this 

subpart E. The special provisions that 

apply to meat-type waterfowl flocks are 

found in subpart I of this part. 

■ 16. Section 145.53 is amended as 

follows: 

■ a. In paragraph (b)(2)(iii), in the first 

sentence, by removing the words ‘‘either 

no poultry or’’, and by removing the 

word ‘‘were’’ and adding the word ‘‘was’’ 

in its place. 

■ b. In paragraph (b)(5), by adding the 

words ‘‘hobbyist or exhibition’’ before 

the word ‘‘waterfowl’’. 

■ c. In paragraph (e) in the introductory 

text, second sentence, by adding the 

words ‘‘hobbyist or exhibition’’ before 

the word ‘‘waterfowl’’; and by removing 

the word ‘‘serological’’. 

■ d. In the introductory text of 

paragraph (e)(1), by removing the words 

‘‘for antibodies’’; and by removing the 

words ‘‘by the agar gel immunodiffusion 

test specified in § 147.9 of this chapter’’ 

and adding the words ‘‘as provided in 

§ 145.14(d)’’ in their place. 

■ e. In the introductory text of 

paragraph (e)(2), by removing the words 

‘‘for antibodies’’; and by removing the 

words ‘‘by the agar gel immunodiffusion 

test specified in § 147.9 of this chapter’’ 

and adding the words ‘‘as provided in 

§ 145.14(d)’’ in their place. 

■ f. By adding a new paragraph (e)(3) to 

read as set forth below. 

§ 145.53 Terminology and classification; 

flocks and products. 

* * * * * 

(e) * * * 

(3) During each 90-day period, all 

spent fowl, up to a maximum of 30, 

must be tested and found negative 

within 21 days prior to movement to 

slaughter. 

* * * * * 

§ 145.54 [Amended] 

■ 17. In § 145.54, paragraph (a)(1)(i) is 

amended by removing the word ‘‘and’’; 

and by adding the words ‘‘, 

§ 145.73(b)(2)(i), § 145.83(b)(2)(i), and 

§ 145.93(b)(3)(i) through (vii)’’ before the 

period at the end of the paragraph. 

■ 18. Section 145.73 is amended as 

follows: 

■ a. In the introductory text of 

paragraph (f), second sentence, by 

removing the word ‘‘serological.’’ 

■ b. By revising paragraph (f)(1) and 

adding a new paragraph (f)(2) to read as 

set forth below. 

§ 145.73 Terminology and classification; 

flocks and products. 

* * * * * 

(f) * * * 

(1) It is a primary breeding flock in 

which a minimum of 30 birds have been 

tested negative for antibodies to avian 

influenza when more than 4 months of 

age. To retain this classification: 

(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 is 

tested within each 90-day period; or 

(iii) The flock is tested as provided in 

§ 145.14(d) at intervals of 30 days or less 

and found to be negative, and a total of 

30 samples are collected and tested 

within each 90-day period; and 

(2) During each 90-day period, all 

primary spent fowl, up to a maximum 

of 30, must be tested serologically and 

found negative within 21 days prior to 

movement to slaughter. 

■ 19. Section 145.83 is amended as 

follows: 

■ a. In paragraph (f)(1)(vi), by removing 

the semicolon at the end of the 

paragraph and adding a period in its 

place; and by adding a new sentence at 

the end of the paragraph to read as set 

forth below. 

■ b. In paragraph (f)(1)(vii), by adding 

the words ‘‘to allow for the serological 

testing required under paragraph 

(f)(1)(vi) of this section’’ after the word 

‘‘age’’. 

■ c. By adding a new paragraph 

(f)(1)(viii) to read as set forth below. 

■ d. In paragraph (f)(3), by removing the 

words ‘‘this classification’’ and adding 

the words ‘‘paragraphs (f)(1)(i) through 

(f)(1)(vii) of this section’’ in their place. 

■ e. In the introductory text of 

paragraph (g), second sentence, by 

removing the word ‘‘serological.’’ 

■ f. By revising paragraph (g)(1) and 

adding a new paragraph (g)(2) to read as 

set forth below. 

§ 145.83 Terminology and classification; 

flocks and products. 

* * * * * 

(f) * * * 

(1) * * * 

(vi) * * * All Salmonella isolates 

from a flock shall be serogrouped and 

shall be reported to the Official State 

Agency on a monthly basis; 

* * * * * 

(viii) Any flock entering the 

production period that is in compliance 

with all the requirements of § 145.83(f) 

with no history of Salmonella isolations 

shall be considered ‘‘Salmonella 

negative’’ and may retain this definition 

as long as no environmental or bird 

Salmonella isolations are identified and 

confirmed from the flock or flock 

environment by sampling on 4 separate 

collection dates over a minimum of a 2- 

week period. Sampling and testing must 

be performed as described in paragraph 

(f)(1)(vi) of this section. An unconfirmed 

environmental Salmonella isolation 

shall not change this Salmonella 

negative status. 

* * * * * 

(g) * * * 

(1) It is a primary breeding flock in 

which a minimum of 30 birds have been 

tested negative for antibodies to avian 

influenza when more than 4 months of 

age. To retain this classification: 

(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 is 

tested within each 90-day period; or 

(iii) The flock is tested as provided in 

§ 145.14(d) at intervals of 30 days or less 

and found to be negative, and a total of 

30 samples are collected and tested 

within each 90-day period; and 

(2) During each 90-day period, all 

primary spent fowl, up to a maximum 

of 30, must be tested serologically and 

found negative within 21 days prior to 

movement to slaughter. 

■ 20. A new subpart I, consisting of 

§§ 145.91 through 145.94, is added to 

read as follows: 

Subpart I—Special Provisions for MeatType Waterfowl Breeding Flocks and 

Products 

Sec. 

145.91 Definitions. 

145.92 Participation. 

145.93 Terminology and classification; 

flocks and products. 

145.94 Terminology and classification; 

States. 

Subpart I—Special Provisions for 

Meat-Type Waterfowl Breeding Flocks 

and Products 

§ 145.91 Definitions. 

Except where the context otherwise 

requires, for the purposes of this subpart 

the following term shall be construed to 

mean: 

Meat-type waterfowl breeding flocks. 

Flocks of domesticated duck or goose 

that are composed of stock that has been 

developed and is maintained for the 

primary purpose of producing baby 

poultry that will be raised under 

confinement for the primary purpose of 

producing meat for human 

consumption. 

§ 145.92 Participation. 

Participating flocks of meat-type 

waterfowl and the eggs and baby poultry 


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Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15795 

produced from them shall comply with 

the applicable general provisions of 

subpart A of this part and the special 

provisions of this subpart I. 

(a) Started poultry shall lose their 

identity under Plan terminology when 

not maintained by Plan participants 

under the conditions prescribed in 

§ 145.5(a). 

(b) Hatching eggs produced by 

primary breeding flocks shall be 

fumigated (see § 147.25 of this chapter) 

or otherwise sanitized. 

(c) 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. 

§ 145.93 Terminology and classification; 

flocks and products. 

Participating flocks, and the eggs and 

baby poultry produced from them, that 

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 the 

criteria in one of the following 

paragraphs (b)(1) through (b)(5) 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 no 

reactors. 

(2) It is a multiplier breeding flock, or 

a breeding flock composed of progeny of 

a primary breeding flock which is 

intended solely for the production of 

multiplier breeding flocks, and meets 

the following specifications as 

determined by the Official State Agency 

and the Service: 

(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 

previous year; the origins of the 

unclassified flock; and the probability of 

contacts between the flock for which 

qualification is being sought and 

infected wild birds, contaminated feed 

or waste, or birds, equipment, supplies, 

or personnel from flocks infected with 

pullorum-typhoid. 

(3) It is a multiplier breeding flock 

that originated from U.S. PullorumTyphoid Clean breeding flocks or from 

flocks that met equivalent requirements 

under official supervision, and is 

located in a State in which it has been 

determined by the Service that: 

(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 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 

§ 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; 

(viii) Discontinuation of any of the 

conditions or procedures described in 

paragraphs (a)(3)(i), (ii), (iii), (iv), (v), 

(vi), and (vii) 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. 

(4) It is a multiplier breeding flock 

located in a State which has been 

determined by the Service to be in 

compliance with the provisions of 

paragraph (a)(3) of this section, and in 

which pullorum disease or fowl typhoid 

is not known to exist nor to have existed 

in hatchery supply flocks within the 

State during the preceding 24 months. 

(5) It is a primary breeding flock 

located in a State determined to be in 

compliance with the provisions of 

paragraph (a)(4) of this section, and in 

which a sample of 300 birds from flocks 

of more than 300, and each bird in 

flocks of 300 or less, has been officially 

tested for pullorum-typhoid within the 

past 12 months with no reactors: 

Provided, That when a flock is a 

primary breeding flock located in a State 

which has been deemed to be a U.S. 

Pullorum-Typhoid Clean State for the 

past 3 years, and during which time no 

isolation of pullorum or typhoid has 

been made that can be traced to a source 

in that State, a bacteriological 

examination monitoring program or a 

serological examination monitoring 

program acceptable to the Official State 

Agency and approved by the Service 

may be used in lieu of annual blood 

testing. 

(c) U.S. H5/H7 Avian Influenza Clean. 

This program is intended to be the basis 

from which the breeding-hatchery 

industry may conduct a program for the 

prevention and control of the H5/H7 

subtypes of avian influenza. It is 

intended to determine the presence of 

the H5/H7 subtypes of avian influenza 

in meat-type waterfowl breeding flocks 

through routine surveillance of each 

participating breeding flock. A flock, 

and the hatching eggs and baby poultry 


Emcdonald on DSK2BSOYB1PROD with RULES
15796 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

produced from it, will qualify for this 

classification when the Official State 

Agency determines that it has met one 

of the following requirements: 

(1) It is a primary breeding flock in 

which a minimum of 30 birds have been 

tested negative to the H5/H7 subtypes of 

avian influenza as provided in 

§ 145.14(d) when more than 4 months of 

age. To retain this classification: 

(i) A sample of at least 30 birds must 

be tested and found to be 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) It is a multiplier breeding flock in 

which a minimum of 30 birds have been 

tested negative to the H5/H7 subtypes of 

avian influenza as provided in 

§ 145.14(d) when more than 4 months of 

age. To retain this classification: 

(i) A sample of at least 30 birds must 

be tested negative at intervals of 180 

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 180-day period. 

(3) During each 90-day period, all 

spent fowl, up to a maximum of 30, 

must be tested serologically and found 

negative within 21 days prior to 

movement to slaughter. 

§ 145.94 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 

§§ 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). 

(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, 

exhibition poultry, and game bird 

breeding flocks will not prevent a State 

that is otherwise eligible from 

qualifying. 

(2) 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. 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 

■ 21. 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. 

■ 22. Section 146.1 is amended as 

follows: 

■ a. By revising the definitions of 

commercial table-egg layer flock and 

H5/H7 low pathogenic avian influenza 

(LPAI) to read as set forth below. 

■ b. By adding, in alphabetical order, a 

new definition of commercial table-egg 

layer pullet flock to read as set forth 

below. 

§ 146.1 Definitions. 

* * * * * 

Commercial table-egg layer flock. All 

table-egg layers of common age or pullet 

source on one premises. 

* * * * * 

Commercial table-egg layer pullet 

flock. A table-egg layer flock prior to the 

onset of egg production. 

* * * * * 

H5/H7 low pathogenic avian 

influenza (LPAI). An infection of 

poultry caused by an influenza A virus 

of H5 or H7 subtype that has an 

intravenous pathogenicity index in 

6-week-old chickens less than 1.2 or less 

than 75 percent mortality in 4- to 

8-week-old chickens infected 

intravenously, or an infection with 

influenza A viruses of H5 or H7 subtype 

with a cleavage site that is not 

consistent with a previously identified 

highly pathogenic avian influenza virus. 

* * * * * 

■ 23. Section 146.9 is amended by 

revising the introductory text to read as 

follows: 

§ 146.9 Terminology and classification; 

flocks, products, and States. 

Participating flocks, products 

produced from them, and States that 

have met the requirements of a 

classification in this part may be 

designated by the corresponding 

illustrative design in this section. 

* * * * * 

■ 24. Section 146.21 is amended by 

adding a new definition of table-egg 

layer pullet in alphabetical order to read 

as follows: 

§ 146.21 Definitions. 

* * * * * 

Table-egg layer pullet. A sexually 

immature domesticated chicken grown 

for the primary purpose of producing 

eggs for human consumption. 

■ 25. In § 146.23, paragraph (a) is 

revised to read as follows: 

§ 146.23 Terminology and classification; 

flocks and products. 

* * * * * 

(a) U.S. H5/H7 Avian Influenza 

Monitored. This program is intended to 

be the basis from which the table-egg 

layer industry may conduct a program 

to monitor for the H5/H7 subtypes of 

avian influenza. It is intended to 

determine the presence of the H5/H7 

subtypes of avian influenza in table-egg 

layers and table-egg layer pullets 

through routine surveillance of each 

participating commercial table-egg layer 

and table-egg layer pullet flock. A flock 

will qualify for this classification when 

the Official State Agency determines 

that it has met one of the following 

requirements: 

(1) Table-egg layer pullet flocks. (i) It 

is a commercial table-egg layer pullet 

flock in which a minimum of 11 birds 

have been tested negative to the H5/H7 

subtypes of avian influenza as provided 

in § 146.13(b) within 30 days prior to 

movement; or 

(ii) It is a commercial table-egg layer 

pullet flock that has an ongoing active 

and diagnostic surveillance program for 

the H5/H7 subtypes of avian influenza 

in which the number of birds tested is 

equivalent to the number required in 

paragraph (a)(1)(i) of this section and 

that is approved by the Official State 

Agency and the Service. 

(2) Table-egg layer flocks. (i) It is a 

commercial table-egg layer flock in 

which a minimum of 11 birds have been 

tested negative to the H5/H7 subtypes of 

avian influenza as provided in 

§ 146.13(b) within 30 days prior to 

disposal; 

(ii) It is a commercial table-egg layer 

flock in which a minimum of 11 birds 

have been tested negative for the H5/H7 

subtypes of avian influenza as provided 

in § 146.13(b) within a 12-month period; 

or 

(iii) It is a commercial table-egg layer 

flock that has an ongoing active and 

diagnostic surveillance program for the 

H5/H7 subtypes of avian influenza in 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15797 

9Obtain procedure for preparing double strength 

skim milk from USDA–APHIS ‘‘Recommended 

Sample Collection Methods for Environmental 

Samples,’’ available from the National Poultry 

Improvement Plan, Veterinary Services, APHIS, 

USDA, 1506 Klondike Road, Suite 300, Conyers, GA 

30094. 

which the number of birds tested is 

equivalent to the number required in 

paragraph (a)(2)(i) or paragraph (a)(2)(ii) 

of this section and that is approved by 

the Official State Agency and the 

Service. 

* * * * * 

§ 146.24 [Amended] 

■ 26. Section 146.24 is amended as 

follows: 

■ a. In paragraph (a)(1)(i), by adding the 

words ‘‘and all commercial table-egg 

layer pullet flocks that supply those 

flocks’’ after the word ‘‘flocks’’. 

■ b. In paragraphs (a)(1)(iii) through 

(a)(1)(v), by adding the words ‘‘and 

table-egg layer pullet’’ after the word 

‘‘layer’’ each time it occurs. 

§ 146.33 [Amended] 

■ 27. In § 146.33, paragraphs (a)(1) and 

(a)(2) are amended by adding the words 

‘‘, as provided in § 146.13(b),’’ after the 

word ‘‘influenza,’’ each time it occurs. 

§ 146.43 [Amended] 

■ 28. In § 146.43, paragraph (a)(1) is 

amended by adding the words ‘‘, as 

provided in § 146.13(b),’’ after the word 

‘‘influenza’’ and by removing the word 

‘‘virus’’. 

§ 146.53 [Amended] 

■ 29. Section 146.53 is amended as 

follows: 

■ a. In paragraph (a)(1), by adding the 

words ‘‘, as provided in § 146.13(b),’’ 

after the word ‘‘influenza.’’ 

■ b. In paragraph (a)(2), by removing the 

words ‘‘antibodies to’’ and by adding the 

words ‘‘, as provided in § 146.13(b),’’ 

after the word ‘‘influenza.’’ 

■ c. In paragraph (b), in the last 

sentence, by adding the words ‘‘, as 

provided in § 146.13(b),’’ after the word 

‘‘influenza.’’ 

PART 147—AUXILIARY PROVISIONS 

ON NATIONAL POULTRY 

IMPROVEMENT PLAN 

■ 30. 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. 

§ 147.5 [Amended] 

■ 31. In § 147.5, footnote 4 to paragraph 

(b) is amended by removing the words 

‘‘1498 Klondike Road, Suite 200’’ and 

adding the words ‘‘1506 Klondike Road, 

Suite 300’’ in their place. 

■ 32. Section 147.6 is amended as 

follows: 

■ a. By revising the introductory text 

and paragraphs (a)(1) through (a)(4) to 

read as set forth below. 

■ b. By removing paragraphs (a)(5) 

through (a)(15). 

§ 147.6 Procedures for determining the 

status of flocks reacting to test for 

Mycoplasma gallisepticum, Mycoplasma 

synoviae, and Mycoplasma melagridis. 

Procedures for isolation and 

identification of Mycoplasma may be 

found in Isolation and Identification of 

Avian Pathogens, published by the 

American Association of Avian 

Pathologists; Kleven, S.H., F.T.W. 

Jordan, and J.M. Bradbury, Avian 

Mycoplasmosis (Mycoplasma 

gallisepticum), Manual of Diagnostic 

Tests and Vaccines for Terrestrial 

Animals, Fifth Ed., Office International 

des Epizooties, pp 842–855, 2004; and 

§§ 147.15 and 147.16. 

(a) * * * 

(1) If the tube agglutination test, 

enzyme-labeled immunosorbent assay 

(ELISA), official molecular examination 

procedure, or serum plate test is 

negative, the flock qualifies for the 

classification for which it was tested. 

(2) If the tube agglutination, ELISA, or 

serum plate test is positive, the 

hemaglutination inhibition (HI) test or a 

molecular examination procedure shall 

be conducted: Provided, for the HI test, 

that if more than 50 percent of the 

samples are positive for M. 

gallisepticum, M. meleagridis, or M. 

synoviae, the HI test shall be conducted 

on 10 percent of the positive samples or 

25 positive samples, whichever is 

greater. HI titers of 1:40 or more may be 

interpreted as suspicious and 

appropriate antigen detection samples 

should be taken promptly (within 7 

days of the original sampling) from 30 

clinically affected birds and examined 

by an approved cultural technique 

individually, or pooled (up to 5 swabs 

per test) and used in a molecular 

examination procedure or in vivo 

bioassay. 

(3) If the in vivo bioassay, molecular 

examination procedure, or culture 

procedure is negative, the Official State 

Agency may qualify the flock for the 

classification for which it was tested. In 

the event of contaminated cultures, the 

molecular examination technique must 

be used to make a final determination. 

(4) If the in vivo bioassay, molecular 

examination procedure, or culture 

procedure is positive, the flock will be 

considered infected. 

* * * * * 

§§ 147.12, 147.14, 147.15, 147.16, 147.30, 

and 147.31 [Amended] 

■ 33. In §§ 147.12, 147.14, 147.15, 

147.16, 147.30, and 147.31, footnotes 9 

through 21 are redesignated as footnotes 

10 through 22, respectively. 

■ 34. Section 147.12 is amended as 

follows: 

■ a. In footnote 8 to paragraph (a)(3), by 

removing the words ‘‘1498 Klondike 

Road, Suite 200’’ and adding the words 

‘‘1506 Klondike Road, Suite 300’’ in 

their place. 

■ b. By adding a new paragraph (a)(6) 

and a new footnote 9 to read as set forth 

below. 

■ c. In newly redesignated footnote 10 

to paragraph (c)(3)(ii)(A), by removing 

the words ‘‘1498 Klondike Road, Suite 

200’’ and adding the words ‘‘1506 

Klondike Road, Suite 300’’ in their 

place. 

§ 147.12 Procedures for collection, 

isolation, and identification of Salmonella 

from environmental samples, cloacal 

swabs, chick box papers, and meconium 

samples. 

* * * * * 

(a) * * * 

(6) Shoe cover sampling technique. 

Absorbable fabric shoe covers involve 

the exposure of the bottom surface of 

shoe covers to the surface of floor litter 

and slat areas. Wearing clean latex 

gloves, place the shoe covers over 

footwear that is only worn inside the 

poultry house. This can be footwear 

dedicated to the facility or disposable 

overshoes. Each pair of shoe covers 

should be worn while walking at a 

normal pace over a distance of 305 

meters (1,000 feet). For flocks with 

fewer than 500 breeders, at least 1 pair 

of shoe covers should be worn to sample 

the floor of the bird area. For flocks with 

500 or more breeders, at least 2 pairs of 

shoe covers should be worn to sample 

the floor of the bird area. After 

sampling, place each shoe cover in a 

sterile container with 30 ml of double 

strength skim milk.9 Seal the sterile 

containers and promptly refrigerate 

them at 2 to 4 °C or place in a cooler 

with ice or ice packs. Do not freeze. 

Samples should be stored at refrigerator 

temperatures of 2 to 4 °C no more than 

5 days prior to culturing. 

* * * * * 

■ 35. In § 147.45, the first sentence is 

revised to read as follows: 

§ 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 chapter in which it has 

one or more participants at the time of 

the Conference. * * * 


Emcdonald on DSK2BSOYB1PROD with RULES
15798 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

■ 36. In § 147.52, a new paragraph (c) is 

added to read as follows: 

§ 147.52 Approved tests. 

* * * * * 

(c) The following diagnostic test kits 

that are not licensed by the Service (e.g., 

bacteriological culturing kits) are 

approved for use in the NPIP: 

(1) Rapid Chek©Select TMSalmonella 

Test Kit, Strategic Diagnostics, Inc., 

Newark, DE 19713. 

(2) ADIAFOOD Rapid Pathogen 

Detection System for Salmonella spp., 

AES Chemunex Canada. Laval, QC 

(Canada) H7L4S3. 

(3) DuPont Qualicon BAX Polymerase 

Chain Reaction (PCR)-based assay for 

Salmonella, DuPont Qualicon, 

Wilmington, DE 19810. 

Done in Washington, DC, this 16th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–6539 Filed 3–21–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM428; Special Condition No. 

25–417–SC] 

Special Conditions: Boeing 747–468, 

Installation of a Medical Lift 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing 747–468 airplane. 

This airplane, as modified by Jet 

Aviation, will have a novel or unusual 

design feature associated with the 

installation of a medical lift. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Effective Date: March 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2194; fax (425) 

227–1149; e-mail jayson.claar@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 2, 2007, Jet Aviation 

Engineering Services L.P. (JAES), of 

Teterboro, New Jersey, applied for a 

supplemental type certificate for a 

reconfiguration of an aircraft interior in 

a 747–468. The Boeing Model 747–468 

airplane is FAA approved under Type 

Certificate A20WE as a large transportcategory airplane that is limited to 660 

passengers or fewer, depending on the 

interior configuration. 

This modification includes the 

installation of a medical lift between the 

main deck and upper deck. The lift 

allows the transport of a single occupant 

between the decks during cruise or 

ramp operations. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

JAES must show that the 747–468, as 

changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate A20WE, or of the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original typecertification basis.’’ The regulations 

incorporated by reference in Type 

Certificate A20WE are as follows: 

• Part 36, as amended by 

Amendments 36–1 through 36–15, and 

any later amendments in existence at 

the time of certification. 

• Special Federal Aviation Regulation 

(SFAR) 27, as amended by Amendments 

27–1 through 27–6 and any later 

amendments in existence at the time of 

type certification. 

• Part 25, effective February 1, 1965, 

as amended by Amendments 25–1 

through 25–59, and the part 25 sectionnumber exceptions itemized in Type 

Certificate A20WE. 

The following special conditions, 

exemptions, and equivalent safety 

findings, which are part of the Model 

747–300 certification basis, are also part 

of the certification basis for the Model 

747–400. 

The special conditions include those 

enclosed with an FAA letter to The 

Boeing Company dated February 20, 

1970, and the following: 

1. Special Condition 4A, revised to 

apply to airplanes with the landing-gear 

load-evener system deleted, was 

recorded as an enclosure to an FAA 

letter to The Boeing Company dated 

May 12, 1971. 

2. Special Condition No. 25–61–NW– 

1, for occupancy not to exceed 32 

passengers on the upper deck of 

airplanes with a spiral staircase, was 

transmitted to The Boeing Company by 

FAA letter dated February 26, 1975. 

3. Special Condition No. 25–71–NW– 

3, for occupancy not to exceed 45 

passengers on the upper deck of 

airplanes with a straight-segmented 

stairway, was transmitted to The Boeing 

Company by FAA letter dated 

September 8, 1976. 

4. Modification of Special Condition 

No. 25–71–NW–3, for occupancy not to 

exceed 110 passengers on the upper 

deck of airplanes with a straightsegmented stairway, was transmitted to 

The Boeing Company by FAA letter 

dated August 3, 1981. 

5. Special Condition No. 25–77–NW– 

4, modification of the autopilot system 

to approve the airplane for use of the 

system under Category IIIb landing 

conditions, was transmitted to The 

Boeing Company by FAA letter dated 

July 8, 1977. 

6. Special Condition No. 25–ANM–16, 

for use of an overhead crew-rest area, 

occupancy not to exceed ten 

crewmembers, was transmitted to The 

Boeing Company by FAA letter dated 

November 19, 1987. The FAA-approved 

procedures required for compliance 

with paragraph 13 of the special 

condition are located in Boeing 

Document D926U303, Appendix D. 

7. Special Condition no. 25–ANM–24, 

applicable to flight-deck displays and 

propulsion-control systems, was 

provided to Boeing on December 22, 

1988. 

8. Special Condition No. 25–ANM–25, 

which established lightning- and radiofrequency-energy protection 

requirements, was provided to Boeing 

on December 22, 1988. 

Exemptions From Part 25 

Exemption no. 1013A, dated 

December 24, 1969: Exemption from 

Section 25.471(b) to allow lateral 

displacement of the center of gravity 

from the airplane centerline. 

The following optional requirements, 

which are part of the Model 747–300 

certification basis, apply also to the 

747–400: 

TABLE 1—OPTIONAL REQUIREMENTS

Requirement Section 

Ditching provisions ............. 25 .801 

Ice-protection provisions ..... 25 .1419 

The following equivalent-safety 

findings, previously made for earlier 

models under the provisions of 


Emcdonald on DSK2BSOYB1PROD with RULES