Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations 65935 

1To view the interim rule and the comment we 

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

#!docketDetail;D=APHIS-2011-0005. 

the fruit is released for entry into the 

United States. 

(2) A biometric sample of the boxes, 

crates, or other APHIS-approved 

packing containers from each 

consignment will be selected by the 

NPPO of Chile, and the fruit from these 

boxes, crates, or other APHIS-approved 

packing containers will be visually 

inspected for quarantine pests. A 

portion of the fruit must be washed with 

soapy water and the collected filtrate 

must be microscopically examined for 

B. chilensis. If a single live B. chilensis 

mite is found during the inspection 

process, the certified low-prevalence 

production site where the fruit was 

grown will lose its certification. 

(e) Phytosanitary certificate. Each 

consignment of fresh baby kiwi must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Chile 

that contains an additional declaration 

stating that the fruit in the consignment 

was inspected and found free of 

Brevipalpus chilensis and was grown, 

packed, and shipped in accordance with 

the requirements of 7 CFR 319.56–53. 

(Approved by the Office of Management and 

Budget under control number 0579–0374) 

Done in Washington, DC, this 19th day of 

October 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–27577 Filed 10–24–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 56 

[Docket No. APHIS–2009–0031] 

RIN 0579–AD21 

National Poultry Improvement Plan and 

Auxiliary Provisions; Correction 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Correcting amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

March 22, 2011, and effective on April 

21, 2011, we amended the regulations 

for the control of H5/H7 low pathogenic 

avian influenza to simplify the list of 

types of poultry eligible for 100 percent 

indemnity, among other changes. This 

document corrects an error in our 

amendatory instructions accomplishing 

that change. 

DATES: Effective Date: October 25, 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 

In a final rule that was published in 

the Federal Register on March 22, 2011 

(76 FR 15791–15798, Docket No. 

APHIS–2009–0031), and effective on 

April 21, 2011, we amended 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. 

We also amended the regulations in 9 

CFR part 56, which set out conditions 

for the payment of indemnity for costs 

associated with poultry that are infected 

with or exposed to the H5 or H7 

subtypes of low pathogenic avian 

influenza. 

In § 56.3, we simplified the list of 

types of poultry eligible for 100 percent 

indemnity in paragraph (b) by replacing 

former paragraphs (b)(1) through (b)(6) 

with new paragraphs (b)(1) and (b)(2) 

and redesignating former paragraph 

(b)(7) as paragraph (b)(3). However, our 

amendatory instructions for 

accomplishing this change neglected to 

remove former paragraph (b)(3), 

resulting in the presence of two 

paragraphs designated (b)(3) in the Code 

of Federal Regulations. This document 

corrects that error. 

List of Subjects in 9 CFR Part 56 

Animal diseases, Indemnity 

payments, Low pathogenic avian 

influenza, Poultry. 

Accordingly, we are amending 9 CFR 

part 56 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. 

§ 56.3 [Amended] 

■ 2. In § 56.3, the first paragraph (b)(3) 

is removed. 

Done in Washington, DC, this 19th day of 

October 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–27579 Filed 10–24–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 78 

[Docket No. APHIS–2011–0005] 

Brucellosis in Swine; Add Texas to List 

of Validated Brucellosis-Free States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the brucellosis regulations 

concerning the interstate movement of 

swine by adding Texas to the list of 

validated brucellosis-free States. The 

interim rule was necessary to relieve 

certain restrictions on interstate 

movement of breeding swine from 

Texas. 

DATES: Effective on October 25, 2011, 

we are adopting as a final rule the 

interim rule published at 76 FR 28885– 

28886 on May 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Troy Bigelow, Swine Health Programs, 

Aquaculture, Swine, Equine, and 

Poultry Programs, National Center for 

Animal Health Programs, VS, APHIS, 

210 Walnut Street Room 891, Des 

Moines, IA 50309; (515) 284–4121. 

SUPPLEMENTARY INFORMATION: 

Background 

Brucellosis is a contagious disease 

caused by bacteria of the genus Brucella. 

The disease mainly affects cattle, bison, 

and swine, but goats, sheep, horses, and 

even humans are susceptible. In its 

principal animal hosts, it causes loss of 

young through spontaneous abortion or 

birth of weak offspring, reduced milk 

production, and infertility. There is no 

economically feasible treatment for 

brucellosis in livestock. In humans, 

brucellosis initially causes flu-like 

symptoms, but the disease may develop 

into a variety of chronic conditions, 

including arthritis. Humans can be 

treated for brucellosis with antibiotics. 

In an interim rule 1 effective and 

published in the Federal Register on 

May 19, 2011 (76 FR 28885–28886, 

Docket No. APHIS–2011–0005), we 

amended the brucellosis regulations in 

9 CFR part 78 by adding Texas to the list 

of validated brucellosis-free States in 

§ 78.43. That action relieved certain 


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