```

[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Rules and Regulations]
[Pages 15791-15798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6539]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

[[Page 15791]]

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 Federal-State-industry mechanism for 
controlling certain poultry diseases. The Plan consists of a variety of 
programs intended to prevent and control poultry diseases. 
Participation in all Plan programs is voluntary, but breeding flocks, 
hatcheries, and dealers must first qualify as ``U.S. Pullorum-Typhoid 
Clean'' as a condition for participating in the other Plan programs.
    The Plan identifies States, flocks, hatcheries, dealers, and 
slaughter plants that meet certain disease control standards specified 
in the Plan's various programs. As a result, customers can buy poultry 
that has tested clean of certain diseases or that has been produced 
under disease-prevention conditions.
    The regulations in 9 CFR parts 145, 146, and 147 (referred to below 
as the regulations) contain the provisions of the Plan. The Animal and 
Plant Health Inspection Service (APHIS) 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.
---------------------------------------------------------------------------

    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0031.
---------------------------------------------------------------------------

    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 Sec.  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 Sec.  145.83 to capitalize the word Salmonella each time it is used.
    In addition, our proposed changes to paragraph (b) of Sec.  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 Sec.  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 Sec.  147.12 
and the footnote to Sec.  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,

[[Page 15792]]

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

0
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.

0
2. Section 56.1 is amended as follows:
0
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.
0
b. By adding a definition of commercial flock or slaughter plant, in 
alphabetical order, to read as set forth below.

Sec.  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.
* * * * *

0
3. Section 56.3 is amended as follows:
0
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.
0
b. By revising paragraphs (b)(1) and (b)(2) to read as set forth below.
0
c. By removing paragraphs (b)(4) through (b)(6).
0
d. By redesignating paragraph (b)(7) as paragraph (b)(3).

Sec.  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

0
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.

0
5. Section 145.1 is amended by adding, in alphabetical order, a new 
definition of avian influenza to read as follows:

Sec.  145.1  Definitions.

* * * * *
    Avian influenza. An infection or disease of poultry caused by 
viruses in the family Orthomyxoviridae, genus Influenzavirus A.
* * * * *

0
6. Section 145.10 is amended as follows:
0
a. By revising the introductory text to read as set forth below.
0
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.
0
c. In paragraph (t), by removing the citation ``Sec.  145.43(g)'' and 
adding the words ``Sec. Sec.  145.43(g), 145.53(e), and 145.93(b)'' in 
its place.

Sec.  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.
* * * * *

0
7. Section 145.14 is amended as follows:
0
a. In the introductory text, in the first sentence, by removing the 
word ``blood'' each time it occurs.
0
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.
0
c. By revising the heading of paragraph (b) and paragraph (b)(1) to 
read as set forth below.
0
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''.
0
e. By revising paragraph (b)(5) to read as set forth below.
0
f. By removing and reserving paragraph (c).

Sec.  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

[[Page 15793]]

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.
---------------------------------------------------------------------------

    \3\ Procedures 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
    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.
---------------------------------------------------------------------------

* * * * *
    (5) The official molecular examination procedures for M. 
gallisepticum are the PCR test described in Sec.  147.30 of this 
subchapter and the real-time PCR test described in Sec.  147.31 of this 
subchapter. The official molecular examination procedure for M. 
synoviae is the PCR test described in Sec.  147.30 of this subchapter.
* * * * *

0
8. Section 145.23 is amended as follows:
0
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.
0
b. In paragraph (h) introductory text, by removing the words 
``serological'' and ``one of''.
0
c. By adding a new paragraph (h)(1) and revising paragraph (h)(2) to 
read as set forth below.

Sec.  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 Sec.  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.
* * * * *

Sec.  145.24  [Amended]

0
9. In Sec.  145.24, paragraph (a)(1)(i) is amended by removing the word 
``and'' and by adding the words ``, and Sec.  145.93(b)(3)(i) through 
(vii)'' before the period at the end of the paragraph.

0
10. Section 145.33 is amended as follows:
0
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.
0
b. In paragraph (l) introductory text, by removing the words 
``serological'' and ``one of''.
0
c. By adding a new paragraph (l)(1) and revising paragraph (l)(2) to 
read as set forth below.

Sec.  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 Sec.  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.
* * * * *

Sec.  145.34  [Amended]

0
11. In Sec.  145.34, paragraph (a)(1)(i) is amended by removing the 
word ``and'' and by adding the words ``, and Sec.  145.93(b)(3)(i) 
through (vii)'' before the period at the end of the paragraph.

0
12. Section 145.43 is amended as follows:
0
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.
0
b. By removing and reserving paragraphs (d)(2) and (d)(3).
0
c. In paragraph (f)(5), by redesignating footnote 6 as footnote 5.
0
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''.
0
e. By revising paragraph (g)(1) introductory text and paragraph (g)(2) 
introductory text to read as set forth below.
0
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;''.
0
g. By redesignating paragraph (g)(3) as paragraph (g)(4).
0
h. By adding a new paragraph (g)(3) to read as set forth below.

Sec.  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 Sec.  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 Sec.  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.
* * * * *

Sec.  145.44  [Amended]

0
13. In Sec.  145.44, paragraph (a)(1)(i) is amended by removing the 
word ``and''; and by adding the words ``, Sec.  145.73(b)(2)(i), Sec.  
145.83(b)(2)(i), and Sec.  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

0
14. The heading for subpart E is revised to read as set forth above.

0
15. In Sec.  145.52, the introductory text is revised to read as 
follows:

Sec.  145.52  Participation.

    Participating flocks of hobbyist and exhibition waterfowl, 
exhibition poultry, and game birds, and the eggs

[[Page 15794]]

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.

0
16. Section 145.53 is amended as follows:
0
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.
0
b. In paragraph (b)(5), by adding the words ``hobbyist or exhibition'' 
before the word ``waterfowl''.
0
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''.
0
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 Sec.  147.9 of this chapter'' and 
adding the words ``as provided in Sec.  145.14(d)'' in their place.
0
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 Sec.  147.9 of this chapter'' and 
adding the words ``as provided in Sec.  145.14(d)'' in their place.
0
f. By adding a new paragraph (e)(3) to read as set forth below.

Sec.  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.
* * * * *

Sec.  145.54  [Amended]

0
17. In Sec.  145.54, paragraph (a)(1)(i) is amended by removing the 
word ``and''; and by adding the words ``, Sec.  145.73(b)(2)(i), Sec.  
145.83(b)(2)(i), and Sec.  145.93(b)(3)(i) through (vii)'' before the 
period at the end of the paragraph.

0
18. Section 145.73 is amended as follows:
0
a. In the introductory text of paragraph (f), second sentence, by 
removing the word ``serological.''
0
b. By revising paragraph (f)(1) and adding a new paragraph (f)(2) to 
read as set forth below.

Sec.  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 Sec.  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.

0
19. Section 145.83 is amended as follows:
0
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.
0
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''.
0
c. By adding a new paragraph (f)(1)(viii) to read as set forth below.
0
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.
0
e. In the introductory text of paragraph (g), second sentence, by 
removing the word ``serological.''
0
f. By revising paragraph (g)(1) and adding a new paragraph (g)(2) to 
read as set forth below.

Sec.  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 Sec.  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 Sec.  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.

0
20. A new subpart I, consisting of Sec. Sec.  145.91 through 145.94, is 
added to read as follows:
Subpart I--Special Provisions for Meat-Type 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

Sec.  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.

Sec.  145.92  Participation.

    Participating flocks of meat-type waterfowl and the eggs and baby 
poultry

[[Page 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 Sec.  145.5(a).
    (b) Hatching eggs produced by primary breeding flocks shall be 
fumigated (see Sec.  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 Sec.  145.10.

Sec.  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 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 the criteria in one of the following paragraphs (b)(1) through 
(b)(5) 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 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 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 
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. 
Pullorum-Typhoid Clean breeding flocks or from flocks that met 
equivalent requirements under official supervision, and is located in a 
State in which it has been determined by the Service that:
    (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 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;
    (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

[[Page 15796]]

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 Sec.  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 Sec.  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.

Sec.  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 
Sec. Sec.  145.23(b)(3)(i) through (vii), 145.33(b)(3)(i) through 
(vii), 145.43(b)(3)(i) through (vi), 145.53(b)(3)(i) through (vii), 
145.73(b)(2)(i), 145.83(b)(2)(i), and 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

0
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.

0
22. Section 146.1 is amended as follows:
0
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.
0
b. By adding, in alphabetical order, a new definition of commercial 
table-egg layer pullet flock to read as set forth below.

Sec.  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.
* * * * *

0
23. Section 146.9 is amended by revising the introductory text to read 
as follows:

Sec.  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.
* * * * *

0
24. Section 146.21 is amended by adding a new definition of table-egg 
layer pullet in alphabetical order to read as follows:

Sec.  146.21  Definitions.

* * * * *
    Table-egg layer pullet. A sexually immature domesticated chicken 
grown for the primary purpose of producing eggs for human consumption.

0
25. In Sec.  146.23, paragraph (a) is revised to read as follows:

Sec.  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 Sec.  
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 Sec.  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 Sec.  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

[[Page 15797]]

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.
* * * * *

Sec.  146.24  [Amended]

0
26. Section 146.24 is amended as follows:
0
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''.
0
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.

Sec.  146.33  [Amended]

0
27. In Sec.  146.33, paragraphs (a)(1) and (a)(2) are amended by adding 
the words ``, as provided in Sec.  146.13(b),'' after the word 
``influenza,'' each time it occurs.

Sec.  146.43  [Amended]

0
28. In Sec.  146.43, paragraph (a)(1) is amended by adding the words 
``, as provided in Sec.  146.13(b),'' after the word ``influenza'' and 
by removing the word ``virus''.

Sec.  146.53  [Amended]

0
29. Section 146.53 is amended as follows:
0
a. In paragraph (a)(1), by adding the words ``, as provided in Sec.  
146.13(b),'' after the word ``influenza.''
0
b. In paragraph (a)(2), by removing the words ``antibodies to'' and by 
adding the words ``, as provided in Sec.  146.13(b),'' after the word 
``influenza.''
0
c. In paragraph (b), in the last sentence, by adding the words ``, as 
provided in Sec.  146.13(b),'' after the word ``influenza.''

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

0
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.

Sec.  147.5  [Amended]

0
31. In Sec.  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.

0
32. Section 147.6 is amended as follows:
0
a. By revising the introductory text and paragraphs (a)(1) through 
(a)(4) to read as set forth below.
0
b. By removing paragraphs (a)(5) through (a)(15).

Sec.  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 Sec. Sec.  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.
* * * * *

Sec. Sec.  147.12, 147.14, 147.15, 147.16, 147.30, and 
147.31  [Amended]

0
33. In Sec. Sec.  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.

0
34. Section 147.12 is amended as follows:
0
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.
0
b. By adding a new paragraph (a)(6) and a new footnote 9 to read as set 
forth below.
0
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.

Sec.  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 [deg]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 [deg]C 
no more than 5 days prior to culturing.
---------------------------------------------------------------------------

    \9\ Obtain 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.
---------------------------------------------------------------------------

* * * * *

0
35. In Sec.  147.45, the first sentence 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 
chapter in which it has one or more participants at the time of the 
Conference. * * *

[[Page 15798]]

0
36. In Sec.  147.52, a new paragraph (c) is added to read as follows:

Sec.  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(copyright)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
```