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.

Rules and Regulations Federal Register

28351 

Vol. 83, No. 118 

Tuesday, June 19, 2018 

1To view the proposed rule, supporting 

document, and the comments we received, go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2017-0055. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 145, 146, and 147 

[Docket No. APHIS–2017–0055] 

RIN 0579–AE37 

National Poultry Improvement Plan and 

Auxiliary Provisions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations governing the National 

Poultry Improvement Plan (NPIP) by 

updating and clarifying several 

provisions, including those concerning 

NPIP participation, voting requirements, 

testing procedures, and standards. The 

changes in this final rule were voted on 

and approved by the voting delegates at 

the Plan’s 2016 National Plan 

Conference. 

DATES: Effective July 19, 2018. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Denise Heard, DVM, Senior 

Coordinator, National Poultry 

Improvement Plan, VS, APHIS, USDA, 

1506 Klondike Road, Suite 101, 

Conyers, GA 30094–5104; (770) 922– 

3496. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Poultry Improvement 

Plan (NPIP, also referred to below as 

‘‘the Plan’’) is a cooperative FederalState-industry mechanism for 

controlling certain poultry diseases. The 

Plan consists of a variety of programs 

intended to prevent and control poultry 

diseases. Participation in all Plan 

programs is voluntary, but breeding 

flocks, hatcheries, and dealers must first 

qualify as ‘‘U.S. Pullorum-Typhoid 

Clean’’ as a condition for participating 

in the other Plan programs. 

The Plan identifies States, 

independent flocks, hatcheries, dealers, 

and slaughter plants that meet certain 

disease control standards specified in 

the Plan’s various programs. As a result, 

customers can buy poultry that has 

tested clean of certain diseases or that 

has been produced under diseaseprevention 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 or the 

Service) amends these provisions from 

time to time to incorporate new 

scientific information and technologies 

within the Plan. 

On April 9, 2018, we published in the 

Federal Register (83 FR 15082–15089, 

Docket No. APHIS–2017–0055) a 

proposal 1 to amend the regulations by 

updating and clarifying several 

provisions, including those concerning 

NPIP participation, voting requirements, 

testing procedures, and standards. 

We solicited comments concerning 

our proposal for 30 days ending May 9, 

2018. We received two comments by 

that date. One individual was generally 

opposed to the rule and the poultry 

industry, but did not address any 

specific provisions of the proposed rule. 

The other commenter also did not 

address the provisions of the proposed 

rule, but instead addressed his 

comments to the statements made by the 

first commenter. 

Therefore, for the reasons given in the 

proposed rule, we are adopting the 

proposed rule as a final rule, without 

change. 

Executive Orders 12866 and 13771 and 

Regulatory Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. Further, 

because this rule is not significant, it is 

not a regulatory action under Executive 

Order 13771. 

We have prepared an analysis 

regarding the economic effects of this 

final rule on small entities. The analysis 

is summarized below. Copies of the full 

analysis are available on the 

Regulations.gov website (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

We are amending the NPIP, its 

auxiliary provisions, and the indemnity 

regulations for the control of H5 and H7 

low pathogenic avian influenza to align 

the regulations with international 

standards and make them more 

transparent to stakeholders and the 

general public. The changes in this final 

rule were voted on and approved by the 

voting delegates at the 2016 NPIP 

National Plan Conference. 

The establishments that will be 

affected by the rule—principally entities 

engaged in poultry production and 

processing—are predominantly small by 

Small Business Administration 

standards. In those instances in which 

an addition to or modification of 

requirements could potentially result in 

a cost to certain entities, we do not 

expect the costs to be significant. NPIP 

membership is voluntary. The changes 

contained in this final rule were 

decided upon by the NPIP General 

Conference Committee and voting 

delegates during the 2016 NPIP Biennial 

Conference; the changes were 

recognized by the poultry industry as 

being in their interest. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 2 CFR 

chapter IV.) 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are in conflict with this rule; (2) has 

no retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 


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28352 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

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 in 9 CFR Parts 145, 146, 

and 147 

Animal diseases, Poultry and poultry 

products, Reporting and recordkeeping 

requirements. 

Accordingly, we are amending 9 CFR 

parts 145, 146, and 147 as follows: 

PART 145—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR BREEDING 

POULTRY 

■ 1. 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. 

■ 2. In § 145.1, the definition of NPIP 

Technical Committee is amended by 

adding three sentences after the last 

sentence to read as follows: 

§ 145.1 Definitions. 

* * * * * 

NPIP Technical Committee. * * * 

The NPIP Technical Committee is 

divided into three subcommittees 

(Mycoplasma, Salmonella, and Avian 

Influenza). NPIP Technical Committee 

Members may serve on one, two, or all 

three subcommittees. The committee 

will evaluate proposed changes to the 

Provisions and Program Standards of 

the Plan which include, but are not 

limited to, tests and sanitation 

procedures, and provide 

recommendations to the Delegates of the 

National Plan Conference as to whether 

they are scientifically or technically 

sound. 

* * * * * 

§ 145.4 [Amended] 

■ 3. In § 145.4, paragraph (d)(2) is 

amended by adding the words ‘‘and any 

other disease for which the flock into 

which the birds are being introduced 

holds a disease classification’’ after the 

words ‘‘pullorum-typhoid’’. 

§ 145.10 [Amended] 

■ 4. In § 145.10, paragraph (o) is 

amended by adding the citation 

‘‘§ 145.73(g),’’ after the citation 

‘‘§ 145.53(f),’’. 

■ 5. Section 145.14 is amended as 

follows: 

■ a. In the introductory text, in the third 

sentence, by adding the words ‘‘unless 

otherwise specified within the Plan 

program,’’ after the words ‘‘30 birds per 

house,’’ and in the last sentence, by 

adding the words ‘‘, unless otherwise 

specified within the Plan program’’ after 

the words ‘‘must be tested’’; and 

■ b. By revising paragraph (d)(2)(i)(A). 

The revision reads as follows: 

§ 145.14 Testing. 

* * * * * 

(d) * * * 

(2) * * * 

(i) * * * 

(A) The RRT–PCR tests must be 

conducted using reagents approved by 

the Department and the Official State 

Agency. The RRT–PCR must be 

conducted using the National Veterinary 

Services Laboratories (NVSL) official 

protocol for RRT–PCR or a test kit 

licensed by the Department and 

approved by the Official State Agency 

and the State Animal Health Official, 

and must be conducted by personnel 

who have passed an NVSL proficiency 

test. For non-National Animal Health 

Laboratory Network (NAHLN) 

authorized laboratories: 

(1) RRT–PCR testing may be used by 

primary breeder company authorized 

laboratories. 

(2) RRT–PCR testing can only be 

performed on their own breeding flocks 

and only used for routine surveillance. 

(3) The authorized laboratory must 

have a quality system that is accredited 

as ISO/IEC 17025 or equivalent to 

perform the avian influenza RRT–PCR 

assay. 

(4) The use of the RRT–PCR test by 

the authorized laboratory must be 

approved in the memorandum of 

understanding (MOU) between the 

authorized laboratory, the Official State 

Agency, and the State Animal Health 

Official(s) of both the location of the 

authorized laboratory and the location 

where the breeding flocks reside. 

(5) Split samples for testing must 

occur between the authorized laboratory 

and a NAHLN laboratory at a frequency 

designated in the MOU. 

* * * * * 

■ 6. In § 145.23, paragraph (b)(1) is 

revised to read as follows: 

§ 145.23 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

with either no reactors or reactors that, 

upon further bacteriological 

examination conducted in accordance 

with part 147 of this subchapter, fail to 

isolate S. pullorum or S. gallinarum. 

* * * * * 

■ 7. In § 145.33, paragraph (b)(1) is 

revised to read as follows: 

§ 145.33 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

with either no reactors or reactors that, 

upon further bacteriological 

examination conducted in accordance 

with part 147 of this subchapter, fail to 

isolate S. pullorum or S. gallinarum. 

* * * * * 

■ 8. In § 145.43, paragraphs (b)(1) and 

(5) are revised to read as follows: 

§ 145.43 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

with either no reactors or reactors that, 

upon further bacteriological 

examination conducted in accordance 

with part 147 of this subchapter, fail to 

isolate S. pullorum or S. gallinarum. 

* * * * * 

(5) It is a primary breeding flock 

located in a State determined to be in 

compliance with the provisions of 

paragraph (b)(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 with either 

no reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum: Provided, That a 

bacteriological examination monitoring 

program acceptable to the Official State 

Agency and approved by APHIS may be 

used in lieu of blood testing. 

* * * * * 

■ 9. Section 145.45 is amended as 

follows: 

■ a. By revising paragraph (a) 

introductory text; and 

■ b. By removing the word ‘‘NAI’’ and 

adding the words ‘‘H5/H7 AI’’ in its 

place each time it appears in the 

following paragraphs: 

■ i. Paragraph (a)(1) introductory text; 

■ ii. Paragraph (a)(1)(i); 

■ iii. Paragraph (a)(1)(iii) introductory 

text; 

■ iv. Paragraph (a)(1)(v); 

■ v. Paragraph (a)(2)(iii); and 

■ vi. Paragraph (a)(4). 

The revision reads as follows: 

§ 145.45 Terminology and classification; 

compartments. 

(a) US H5/H7 AI Clean Compartment. 

This program is intended to be the basis 

from which the primary turkey 

breeding-hatchery industry may 

demonstrate the existence and 

implementation of a program that has 


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been approved by the Official State 

Agency and APHIS to establish a 

compartment consisting of a primary 

breeding-hatchery company that is free 

of H5/H7 avian influenza (AI). For the 

purpose of the compartment, avian 

influenza is defined according to the 

OIE Terrestrial Animal Health Code 

Chapter 10.4. This compartment has the 

purpose of protecting the defined 

subpopulation and avoiding the 

introduction and spread of H5/H7 AI 

within that subpopulation by 

prohibiting contact with other 

commercial poultry operations, other 

domestic and wild birds, and other 

intensive animal operations. The 

program shall consist of the following: 

* * * * * 

■ 10. Section 145.52 is amended by 

redesignating paragraphs (d)(7) and 

(d)(8) as paragraphs (d)(8) and (d)(9), 

respectively, and by adding a new 

paragraph (d)(7) to read as follows: 

§ 145.52 Participation. 

* * * * * 

(d) * * * 

(7) The NPIP hatchery approval 

number of the shipping hatchery; 

* * * * * 

■ 11. Section 145.53 is amended as 

follows: 

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

(b)(5); 

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

words ‘‘trachea or’’ before the word 

‘‘choanal’’ and by removing the words 

‘‘palatine cleft/fissure area’’ and adding 

the word ‘‘cleft’’ in their place. 

■ c. By revising paragraph (c)(1)(ii) 

introductory text; 

■ d. In paragraph (c)(1)(ii)(A), by adding 

the words ‘‘trachea or’’ before the word 

‘‘choanal’’ and by removing the words 

‘‘palatine cleft/fissure area’’ and adding 

the word ‘‘cleft’’ in their place; 

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

words ‘‘trachea or’’ before the word 

‘‘choanal’’ and by removing the words 

‘‘palatine cleft/fissure area’’ and adding 

the word ‘‘cleft’’ in their place. 

■ f. By revising paragraph (d)(1)(ii) 

introductory text; and 

■ g. In paragraph (d)(1)(ii)(A), by adding 

the words ‘‘trachea or’’ before the word 

‘‘choanal’’ and by removing the words 

‘‘palatine cleft/fissure area’’ and adding 

the word ‘‘cleft’’ in their place. 

The revisions read as follows: 

§ 145.53 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

within the past 12 months with either 

no reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum. 

* * * * * 

(5) It is a primary breeding flock 

located in a State determined to be in 

compliance with the provisions of 

paragraph (b)(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 either no reactors 

or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum: Provided, That a 

bacteriological examination monitoring 

program or serological examination 

monitoring program for game birds 

acceptable to the Official State Agency 

and approved by the Service may be 

used in lieu of annual blood testing: 

And Provided further, That when a flock 

is a hobbyist or exhibition waterfowl or 

exhibition poultry 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) * * * 

(1) * * * 

(ii) It is a multiplier breeding flock 

which originated as U.S. M. 

Gallisepticum Clean baby poultry from 

primary breeding flocks and from which 

a random sample of birds has been 

tested for M. gallisepticum as provided 

in § 145.14(b) when more than 4 months 

of age or upon reaching sexual maturity. 

For flocks of more than 400 birds, 200 

birds shall be tested. For flocks of 60 to 

400 birds, 50 percent of the birds shall 

be tested. For flocks of fewer than 60 

birds, all birds shall be tested up to a 

maximum of 30 birds: Provided, that to 

retain this classification, the flock shall 

be subjected to one of the following 

procedures: 

* * * * * 

(d) * * * 

(1) * * * 

(ii) It is a multiplier breeding flock 

that originated as U.S. M. Synoviae 

Clean chicks from primary breeding 

flocks and from which a random sample 

of birds has been tested for M. synoviae 

as provided in § 145.14(b) when more 

than 4 months of age or upon reaching 

sexual maturity. For flocks of more than 

400 birds, 200 birds shall be tested. For 

flocks of 60 to 400 birds, 50 percent of 

the birds shall be tested. For flocks of 

fewer than 60 birds, all birds shall be 

tested up to a maximum of 30 birds: 

Provided, that to retain this 

classification, the flock shall be 

subjected to one of the following 

procedures: 

* * * * * 

■ 12. Section 145.63 is amended by 

revising paragraphs (a)(1) and (a)(2)(i) to 

read as follows: 

§ 145.63 Terminology and classification; 

flocks and products. 

* * * * * 

(a) * * * 

(1) It has been officially blood tested 

within the past 12 months with either 

no reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum. 

(2) * * * 

(i)(A) It is a multiplier or primary 

breeding flock of fewer than 300 birds 

in which a sample of 10 percent of the 

birds in a flock or at least 1 bird from 

each pen, whichever is more, has been 

officially tested for pullorum-typhoid 

within the past 12 months with either 

no reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum; or 

(B) It is a multiplier or primary 

breeding flock of 300 birds or more in 

which a sample of a minimum of 30 

birds has been officially tested for 

pullorum-typhoid within the past 12 

months with either no reactors or 

reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum. 

* * * * * 

■ 13. Section 145.73 is amended as 

follows: 

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

(b)(2)(ii); and 

■ b. By adding paragraph (g). 

The revisions and addition read as 

follows: 

§ 145.73 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

with either no reactors or reactors that, 

upon further bacteriological 

examination conducted in accordance 


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28354 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

with part 147 of this subchapter, fail to 

isolate S. pullorum or S. gallinarum. 

(2) * * * 

(ii) In the primary breeding flock, a 

sample of 300 birds from flocks of more 

than 300, and each bird in flocks of 300 

or less, has been officially tested for 

pullorum-typhoid with either no 

reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum: Provided, That a 

bacteriological examination monitoring 

program acceptable to the Official State 

Agency and approved by APHIS may be 

used in lieu of blood testing. 

* * * * * 

(g) U.S. Salmonella Monitored. This 

program is intended to be the basis from 

which the primary egg-type breeder 

industry may conduct a program for the 

prevention and control of salmonellosis. 

It is intended to reduce the incidence of 

Salmonella organisms in hatching eggs 

and chicks through an effective and 

practical sanitation program at the 

breeder farm and in the hatchery. This 

will afford other segments of the poultry 

industry an opportunity to reduce the 

incidence of Salmonella in their 

products. 

(1) A flock and the hatching eggs and 

chicks produced from it that have met 

the following requirements, as 

determined by the Official State Agency: 

(i) The flock is maintained in 

accordance with part 147 of this 

subchapter with respect to flock 

sanitation, cleaning and disinfection, 

and Salmonella isolation, sanitation, 

and management. 

(ii) Measures shall be implemented to 

control Salmonella challenge through 

feed, feed storage, and feed transport. 

(iii) Chicks shall be hatched in a 

hatchery whose sanitation is maintained 

in accordance with part 147 of this 

subchapter and sanitized or fumigated 

in accordance with part 147 of this 

subchapter. 

(iv) An Authorized Agent shall take 

environmental samples from the 

hatchery every 30 days; i.e., meconium 

or chick papers. An authorized 

laboratory for Salmonella shall examine 

the samples bacteriologically. 

(v) An Authorized Agent shall take 

environmental samples in accordance 

with part 147 of this subchapter from 

each flock at 4 months of age and every 

30 days thereafter. An authorized 

laboratory for Salmonella shall examine 

the environmental samples 

bacteriologically. All Salmonella 

isolates from a flock shall be 

serogrouped and shall be reported to the 

Official State Agency on a monthly 

basis. 

(vi) Owners of flocks may vaccinate 

with a paratyphoid vaccine: Provided, 

That a sample of 350 birds, which will 

be banded for identification, shall 

remain unvaccinated until the flock 

reaches at least 4 months of age to allow 

for the serological testing required 

under paragraph (g)(1)(iv) of this 

section. 

(vii) Any flock entering the 

production period that is in compliance 

with all the requirements of this 

paragraph (g) 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 four separate collection 

dates over a minimum of a 2-week 

period. Sampling and testing must be 

performed as described in paragraph 

(g)(1)(vi) of this section. An 

unconfirmed environmental Salmonella 

isolation shall not change this 

Salmonella negative status. 

(2) The Official State Agency may 

monitor the effectiveness of the 

sanitation practices in accordance with 

part 147 of this subchapter. 

(3) In order for a hatchery to sell 

products of paragraphs (g)(1)(i) through 

(vii) of this section, all products 

handled shall meet the requirements of 

the classification. 

(4) This classification may be revoked 

by the Official State Agency if the 

participant fails to follow recommended 

corrective measures. 

§ 145.74 [Amended] 

■ 14. Section 145.74 is amended as 

follows: 

■ a. In paragraph (a) introductory text, 

in the first sentence, by removing the 

words ‘‘, also referred to as notifiable 

avian influenza (NAI)’’ and, in the 

second sentence, by removing the word 

‘‘NAI’’ and adding the words ‘‘H5/H7 

AI’’ in its place. 

■ b. By removing the word ‘‘NAI’’ and 

adding the words ‘‘H5/H7 AI’’ in its 

place each time it appears in the 

following paragraphs: 

i. Paragraph (a)(1) introductory text; 

ii. Paragraph (a)(1)(iii) introductory 

text; 

iii. Paragraph (a)(1)(v); 

iv. Paragraph (a)(2)(iii); and 

v. Paragraph (a)(4). 

■ c. By removing the word ‘‘NAIrelated’’ and adding the words ‘‘H5/H7 

AI-related’’ in its place in paragraph 

(a)(1)(i). 

■ 15. Section 145.82 is amended by 

adding paragraph (d) to read as follows: 

§ 145.82 Participation. 

* * * * * 

(d) Poultry must be protected from 

vectors known to be in the wild and 

thus must be housed in enclosed 

structures during brooding, rearing, 

grow-out, or laying periods with no 

intentional access to the outdoors, 

creatures found in the wild, or raised on 

open range or pasture, or be provided 

with untreated open source water such 

as that directly from a pond, stream, or 

spring that wild birds or vermin have 

access to for usage for drinking water, as 

a cooling agent, or during a wash down/ 

clean out process. 

■ 16. Section 145.83 is amended by 

revising paragraphs (b)(1) and (b)(2)(ii) 

to read as follows: 

§ 145.83 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

with either no reactors or reactors that, 

upon further bacteriological 

examination conducted in accordance 

with part 147 of this subchapter, fail to 

isolate S. pullorum or S. gallinarum. 

(2) * * * 

(ii) In the primary breeding flock, a 

sample of 300 birds from flocks of more 

than 300, and each bird in flocks of 300 

or less, has been officially tested for 

pullorum-typhoid with either no 

reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum: Provided, That a 

bacteriological examination monitoring 

program acceptable to the Official State 

Agency and approved by APHIS may be 

used in lieu of blood testing. 

* * * * * 

§ 145.84 [Amended] 

■ 17. Section 145.84 is amended as 

follows: 

■ a. In the introductory text of 

paragraph (a), in the first sentence, by 

removing the words ‘‘, also referred to 

as notifiable avian influenza (NAI)’’ and, 

in the second sentence, by removing the 

word ‘‘NAI’’ and adding the words ‘‘H5/ 

H7 AI’’ in its place; and 

■ b. By removing the word ‘‘NAI’’ and 

adding the words ‘‘H5/H7 AI’’ in its 

place each time it appears in the 

following paragraphs: 

i. Paragraph (a)(1) introductory text; 

ii. Paragraph (a)(1)(iii) introductory 

text; 

iii. Paragraph (a)(1)(v); 

iv. Paragraph (a)(2)(iii); and 

v. Paragraph (a)(4). 

■ c. By removing the word ‘‘NAIrelated’’ and adding the words ‘‘H5/H7 


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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28355 

AI-related’’ in its place in paragraph 

(a)(1)(i). 

■ 18. Section 145.93 is amended as 

follows: 

■ a. By revising paragraph (b)(1); 

■ b. In paragraph (b)(3)(viii), by 

removing the words ‘‘paragraphs 

(a)(3)(i),’’ and adding the words 

‘‘paragraphs (b)(3)(i),’’ in their place; 

■ c. In paragraph (b)(4), by removing the 

words ‘‘paragraph (a)(3)’’ and adding the 

words ‘‘paragraph (b)(3)’’ in their place; 

and 

■ d. By revising paragraph (b)(5). 

The revisions read as follows: 

§ 145.93 Terminology and classification; 

flocks and products. 

* * * * * 

(b) * * * 

(1) It has been officially blood tested 

within the past 12 months with either 

no reactors or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum. 

* * * * * 

(5) It is a primary breeding flock 

located in a State determined to be in 

compliance with provisions of 

paragraph (b)(3) 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 either no reactors 

or reactors that, upon further 

bacteriological examination conducted 

in accordance with part 147 of this 

subchapter, fail to isolate S. pullorum or 

S. gallinarum: 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. 

* * * * * 

PART 146—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR 

COMMERCIAL POULTRY 

■ 19. 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. 

■ 20. In § 146.1, a definition of NPIP 

Technical Committee is added in 

alphabetical order to read as follows: 

§ 146.1 Definitions. 

* * * * * 

NPIP Technical Committee. A 

committee made up of technical experts 

on poultry health, biosecurity, 

surveillance, and diagnostics. The 

committee consists of representatives 

from the poultry and egg industries, 

universities, and State and Federal 

governments and is appointed by the 

Senior Coordinator and approved by the 

General Conference Committee. The 

NPIP Technical Committee is divided 

into three subcommittees (Mycoplasma, 

Salmonella, and Avian Influenza). NPIP 

Technical Committee Members may 

serve on one, two, or all three 

subcommittees. The committee will 

evaluate proposed changes to the 

Provisions and Program Standards of 

the Plan which include, but are not 

limited to, tests and sanitation 

procedures, and provide 

recommendations to the Delegates of the 

National Plan Conference as to whether 

they are scientifically or technically 

sound. 

* * * * * 

§ 146.23 [Amended] 

■ 21. In § 146.23, paragraphs (a)(1)(i) 

and (a)(2)(i) are amended by removing 

the number ‘‘30’’ and adding the 

number ‘‘21’’ in its place. 

PART 147—AUXILIARY PROVISIONS 

ON NATIONAL POULTRY 

IMPROVEMENT PLAN 

■ 22. 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. 

■ 23. In § 147.41, the definition of NPIP 

Technical Committee is amended by 

adding three sentences after the last 

sentence to read as follows: 

§ 147.41 Definitions. 

* * * * * 

NPIP Technical Committee. * * * 

The NPIP Technical Committee is 

divided into three subcommittees 

(Mycoplasma, Salmonella, and Avian 

Influenza). NPIP Technical Committee 

Members may serve on one, two, or all 

three subcommittees. The committee 

will evaluate proposed changes to the 

Provisions and Program Standards of 

the Plan which include, but are not 

limited to, tests and sanitation 

procedures, and provide 

recommendations to the Delegates of the 

National Plan Conference as to whether 

they are scientifically or technically 

sound. 

* * * * * 

■ 24. In § 147.43, paragraph (b) is 

amended by adding a sentence after the 

second sentence to read as follows: 

§ 147.43 General Conference Committee. 

* * * * * 

(b) * * * The ballots for electing 

regional committee members and their 

alternates will be printed in such a way 

as to allow the specific selection of one 

nominee for member, and one nominee 

for alternate from the remaining 

nominees. * * * 

* * * * * 

■ 25. In § 147.46, paragraph (d) is 

amended by adding a sentence after the 

last sentence to read as follows: 

§ 147.46 Committee consideration of 

proposed changes. 

* * * * * 

(d) * * * Once completed, the 

combined committee report will be 

distributed electronically to the Official 

State Agencies prior to the delegates 

voting on the final day of the biennial 

conference. 

* * * * * 

■ 26. In § 147.51, the definition of NPIP 

Technical Committee is amended by 

adding three sentences after the last 

sentence to read as follows: 

§ 147.51 Definitions. 

* * * * * 

NPIP Technical Committee. * * * 

The NPIP Technical Committee is 

divided into three subcommittees 

(Mycoplasma, Salmonella, and Avian 

Influenza). NPIP Technical Committee 

Members may serve on one, two, or all 

three subcommittees. The committee 

will evaluate proposed changes to the 

Provisions and Program Standards of 

the Plan which include, but are not 

limited to, tests and sanitation 

procedures, and provide 

recommendations to the Delegates of the 

National Plan Conference as to whether 

they are scientifically or technically 

sound. 

■ 27. In § 147.52, paragraph (a) is 

revised to read as follows: 

§ 147.52 Authorized laboratories. 

* * * * * 

(a) Check-test proficiency. The NPIP 

will serve as the lead agency for the 

coordination of available check tests 

from the National Veterinary Services 

Laboratories. Further, the NPIP may 

approve and authorize additional 

laboratories to produce and distribute a 

check test as needed. The authorized 

laboratory must use the next available 

check test for each assay that it 

performs. 

* * * * * 


daltland on DSKBBV9HB2PROD with RULES
28356 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

■ 28. In § 147.54, paragraphs (a)(1), (3), 

and (4) are revised to read as follows: 

§ 147.54 Approval of diagnostic test kits 

not licensed by the Service. 

(a) * * * 

(1) The sensitivity of the kit will be 

evaluated in at least three NPIP 

authorized laboratories by testing 

known positive samples, as determined 

by the official NPIP procedures found in 

the NPIP Program Standards or through 

other procedures approved by the 

Administrator. Field samples, for which 

the presence or absence of the target 

organism or analyte has been 

determined by the current NPIP test, are 

the preferred samples and should be 

used when possible. Samples from a 

variety of field cases representing a 

range of low, medium, and high analyte 

concentrations should be used. In some 

cases it may be necessary to utilize 

samples from experimentally infected 

animals. Spiked samples (clinical 

sample matrix with a known amount of 

pure culture added) should only be used 

in the event that no other sample types 

are available. When the use of spiked 

samples may be necessary, prior 

approval from the NPIP Technical 

Committee is required. Pure cultures 

should never be used. Additionally, 

laboratories should be selected for their 

experience with testing for the target 

organism or analyte with the current 

NPIP approved test. (e.g., a Salmonella 

test should be evaluated by NPIP 

authorized laboratories that test for 

Salmonella routinely). If certain 

conditions or interfering substances are 

known to affect the performance of the 

kit, appropriate samples will be 

included so that the magnitude and 

significance of the effect(s) can be 

evaluated. 

* * * * * 

(3) The kit will be provided to the 

cooperating laboratories in its final form 

and include the instructions for use. 

The cooperating laboratories must 

perform the assay exactly as stated in 

the supplied instructions. Each 

laboratory must test a panel of at least 

25 known positive samples. In addition, 

each laboratory must test at least 50 

known negative samples obtained from 

several sources, to provide a 

representative sampling of the general 

population. The cooperating 

laboratories must perform a current 

NPIP procedure or NPIP approved test 

on the samples alongside the test kit for 

comparison and must provide an 

outline of the method on the worksheet 

for diagnostic test evaluation. 

Reproducibility and robustness data 

should also be included. 

(4) Cooperating laboratories will 

submit to the kit manufacturer all 

compiled output data regarding the 

assay response. Each sample tested will 

be reported as positive or negative, and 

the official NPIP procedure used to 

classify the sample must be submitted 

in addition to the assay response value. 

A completed worksheet for diagnostic 

test evaluation is required to be 

submitted with the compiled output 

data and may be obtained by contacting 

the NPIP Senior Coordinator. Data and 

the completed worksheet for diagnostic 

test evaluation must be submitted to the 

NPIP Senior Coordinator 4 months prior 

to the next scheduled General 

Conference Committee meeting, which 

is when approval will be sought. 

* * * * * 

Done in Washington, DC, this 13th day of 

June 2018. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2018–13128 Filed 6–18–18; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2017–1061; Airspace 

Docket No. 17–AEA–20] 

RIN 2120–AA66 

Amendment of Class D Airspace and 

Class E Airspace, and Removal of 

Class E Airspace; Binghamton, NY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

airspace, Class E surface airspace, and 

Class E airspace extending upward from 

700 feet above the surface; and removes 

Class E airspace designated as an 

extension to a Class D surface area; at 

Greater Binghamton Airport/Edwin A. 

Link Field (formerly Binghamton 

Regional Airport/Edwin A. Link Field), 

Binghamton, NY. This action 

accommodates airspace reconfiguration 

due to the decommissioning of the 

Binghamton VHF omni-directional radio 

range tactical air navigation aid 

(VORTAC), and cancellation of the VOR 

approaches. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations at the airport. This 

action also updates the geographic 

coordinates of the airport, and corrects 

the airport’s name. Additionally, this 

action replaces the outdated term 

‘‘Airport/Facility Directory’’ with the 

term ‘‘Chart Supplement’’ in Class D 

and E surface airspace descriptions. 

DATES: Effective 0901 UTC, September 

13, 2018. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1 Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.11B at NARA, call (202) 

741–6030, or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

Class D and Class E airspace at Greater 

Binghamton Airport/Edwin A. Link 

Field, Binghamton, NY, to support IFR 

operations at the airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 


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