This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11111

Vol. 62, No. 47

Tuesday, March 11, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 145 and 147

[Docket No. 96–070–1]

National Poultry Improvement Plan and

Auxiliary Provisions

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the National Poultry Improvement Plan

(the Plan) and its auxiliary provisions

by establishing new program

classifications and 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 1994

and 1996 National Plan Conferences.

These changes would 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: Consideration will be given only

to comments received on or before May

12, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–070–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–070–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Andrew R. Rhorer, Senior Coordinator,

Poultry Improvement Staff, National

Poultry Improvement Plan, Veterinary

Services, APHIS, USDA, 1500 Klondike

Road, Suite A–102, Conyers, GA 30207;

(770) 922–3496.

SUPPLEMENTARY INFORMATION:

Background

The National Poultry Improvement

Plan (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 egg-transmitted, hatcherydisseminated poultry diseases.

Participation in all Plan programs is

voluntary, but flocks, hatcheries, and

dealers must qualify as ‘‘U.S. PullorumTyphoid Clean’’ before participating in

any other Plan program. Also, the

regulations in 9 CFR part 82, subpart B,

which provide for certain testing,

restrictions on movement, and other

restrictions on certain chickens, eggs,

and other articles due to the presence of

Salmonella enteritidis, require that no

hatching eggs or newly hatched chicks

from egg-type chicken breeding flocks

may be moved interstate unless they are

classified ‘‘U.S. Sanitation Monitored’’

under the Plan or they meet the

requirements of a State classification

plan that the Administrator of the

Animal and Plant Health Inspection

Service (APHIS) has determined to be

equivalent to the Plan, in accordance

with 9 CFR 145.23(d).

The Plan identifies States, flocks,

hatcheries, and dealers 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

and 147 (referred to below as the

regulations) contain the provisions of

the Plan. APHIS amends these

provisions from time to time to

incorporate new scientific information

and technologies within the Plan. In this

document, we are proposing to amend

the regulations to:

1. Standardize the time frame for the

retesting of U.S. Pullorum-Typhoid

Clean breeding flocks retained for more

than 12 months by requiring that the

retesting take place a minimum of 4

weeks after the induction of molt.

2. Establish a ‘‘U.S. Salmonella

Monitored’’ program for primary meattype chicken breeding flocks.

3. Establish a ‘‘U.S. M. Gallisepticum

Monitored’’ classification for multiplier

meat-type chicken breeding flocks that

are not participating in the ‘‘U.S. M.

Gallisepticum Clean’’ classification.

4. Establish a ‘‘U.S. M. Synoviae

Monitored’’ classification for multiplier

meat-type chicken breeding flocks that

are not participating in the ‘‘U.S. M.

Synoviae Clean’’ classification.

5. Amend the ‘‘U.S. M. Gallisepticum

Clean’’ and ‘‘U.S. M. Synoviae Clean’’

classifications for meat-type chicken

breeding flocks by augmenting testing

when adding (spiking) males.

6. Add a procedure for swabbing or

collecting chick papers for

bacteriological examination for

salmonella.

7. Add a 4 to 6 week surveillance test

for M. gallisepticum to the ‘‘U.S. M.

Gallisepticum Clean’’ classification for

turkeys.

8. Make the qualification test sample

size for ‘‘U.S. M. Meleagridis Clean’’

consistent with that for the ‘‘U.S. M.

Gallisepticum Clean’’ and ‘‘U.S. M.

Synoviae Clean’’ classifications for

turkeys.

9. Simplify the description of the

procedure for determining the status of

flocks reacting to tests for M.

gallisepticum, M. synoviae, and M.

meleagridis.

10. Amend the ‘‘U.S. Sanitation

Monitored, Turkeys’’ classification to

remove the requirement for the

environmental sampling of a laying

house following the removal of a flock

from the house.

11. Establish a ‘‘U.S. M. Synoviae

Clean’’ classification for waterfowl,

exhibition poultry and game birds.

12. Raise from 75 to 150 the number

of birds to be tested to qualify flocks for

‘‘U.S. M. Synoviae Clean’’ status.

These proposed amendments, with

the exception of number 12, are

consistent with the recommendations

approved by the voting delegates to the

National Plan Conference that was held

from June 30 to July 2, 1996. Proposed

amendment number 12 was approved

by the voting delegates to the National

Plan Conference that was held from

June 26 to 28, 1994. Participants in the

1994 and 1996 National Plan

Conferences represented flockowners,

breeders, hatcherymen, and Official
11112 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules

State Agencies from all cooperating

States. The proposed amendments are

discussed in greater detail below.

Retesting of U.S. Pullorum-Typhoid

Clean Breeding Flocks

We are proposing to amend

§§ 145.23(b), 145.33(b), and 145.43(b) to

provide a minimum time period before

the retesting of a U.S. PullorumTyphoid Clean participating breeding

flock that is retained for more than 12

months. The regulations in those

sections currently set forth the criteria

under which flocks may qualify for the

U.S. Pullorum-Typhoid Clean

classification and provide that flocks

that are retained for more than 12

months shall be retested at the

discretion of the Official State Agency

with the concurrence of APHIS.

As breeding flocks, including those

retained for more than 12 months,

progress through a laying cycle, the

shell quality of the eggs produced tends

to deteriorate as calcium and other

essential minerals are depleted from the

laying birds. Flockowners may pause

the laying cycle in these birds by

inducing molt, which gives the birds the

opportunity to replenish their levels of

the depleted minerals. Thus, when the

birds, which are referred to as recycled

breeding birds, begin a new laying

cycle, shell quality is back at the proper

level.

Research has shown that the stress of

molting causes birds that are affected

with salmonella to shed the organism at

a higher rate than during the laying

cycle, which means that the best

opportunity to isolate the salmonella

organism through testing will come

following the induction of molt.

Therefore, we are proposing to amend

the requirements for the retesting of

such flocks by requiring that recycled

breeding birds be retested a minimum of

4 weeks after the induction of molt,

rather than at the discretion of the

Official State Agency with the

concurrence of APHIS. This proposed

change would standardize the retesting

requirements for U.S. PullorumTyphoid Clean flocks retained for more

than 12 months and ensure that the

recertification of those flocks is based

on testing conducted at a time when the

salmonella organism is most likely to be

isolated.

U.S. Salmonella Monitored

Classification

We are proposing to amend § 145.33

to establish a ‘‘U.S. Salmonella

Monitored’’ classification for primary

meat-type chicken breeding flocks. The

proposed new classification, like the

existing ‘‘U.S. Sanitation Monitored’’

classification available to primary meattype chicken breeding flocks, is

intended to serve as a means for the

prevention and control of Salmonellosis

in hatching eggs and chicks through an

effective and practical sanitation

program at the breeder farm and in the

hatchery.

The proposed ‘‘U.S. Salmonella

Monitored’’ classification differs from

the existing ‘‘U.S. Sanitation

Monitored’’ classification in two

respects. First, the proposed new

classification specifically calls for the

collection of environmental samples at

the hatchery from meconium and chick

papers every 30 days; those samples

would have to be examined

bacteriologically at an authorized

laboratory for salmonella. That

proposed requirement, which is not

required by the existing ‘‘U.S. Sanitation

Monitored’’ classification, would

provide for the continuous monitoring

of the salmonella status of participating

hatcheries.

The proposed new classification also

differs from the existing ‘‘U.S.

Sanitation Monitored’’ classification

with regard to the use of vaccines. In the

proposed ‘‘U.S. Salmonella Monitored’’

classification, owners of flocks would be

allowed to vaccinate their flocks with a

paratyphoid vaccine as a preventive

measure, provided that a sample of 350

birds remains unvaccinated to serve as

sentinel birds. The sample of 350

unvaccinated birds would have to be

banded for identification and remain

unvaccinated until the flock reaches at

least 4 months of age. Under the existing

‘‘U.S. Sanitation Monitored’’

classification, a flockowner may not

vaccinate a flock unless the flock has

been found to be infected with

paratyphoid salmonella. The proposed

new ‘‘U.S. Salmonella Monitored’’

classification, therefore, would give

participating flockowners the

opportunity to take a more aggressive

approach to the prevention of

Salmonellosis by allowing them to use

vaccines before there is an indication of

the presence of salmonella in a flock.

New M. Gallisepticum Monitored and

M. Synoviae Monitored Classifications

We are proposing to amend § 145.33

to establish a ‘‘U.S. M. Gallisepticum

Monitored’’ classification for meat-type

chicken multiplier breeding flocks that

are not participating in the ‘‘U.S. M.

Gallisepticum Clean’’ classification and

to establish a ‘‘U.S. M. Synoviae

Monitored’’ classification for meat-type

chicken multiplier breeding flocks that

are not participating in the ‘‘U.S. M.

Synoviae Clean’’ classification. Adding

these two new ‘‘monitored’’

classifications would give flockowners

the ability to participate in diseasemonitoring programs for M.

gallisepticum and M. synoviae without

incurring the higher testing costs

associated with the ‘‘clean’’

classifications for those two diseases.

The proposed new classifications would

also allow official State agencies and the

Plan to monitor the M. gallisepticum

and M. synoviae status of flocks that

would not otherwise be monitored for

those diseases.

Under both the proposed ‘‘U.S. M.

Gallisepticum Monitored’’ and the

proposed ‘‘U.S. M. Synoviae

Monitored’’ classifications, flocks would

be qualified by testing a sample of at

least 20 birds per house for the

classification’s disease of concern (M.

gallisepticum or M. synoviae, as the case

may be) once the flock reaches at least

4 months of age. Once qualified, the

flock’s classification would be retained

by additional tests for the disease of

concern conducted on additional 20-

bird samples collected when the flock

reaches 36 to 38 weeks and again at 48

to 50 weeks. Testing at this level would

provide a basic level of monitoring for

M. gallisepticum or M. synoviae within

a flock but would not involve the higher

expenses incurred by flockowners

testing the larger samples required by

the ‘‘clean’’ classifications for those two

diseases. To help ensure that the

samples of birds would be

representative of all the birds in each

house, half of the samples would have

to be drawn from the front of the house

and half of the samples would have to

be drawn from the back. Additionally,

the ratio of male to female birds in a

sample would have to reflect the ratio

of male to female birds in the house,

and samples would have to be labeled

accordingly. Requiring a representative

number of male and female birds to be

included in the sample would further

ensure that the samples provide an

accurate representation of the birds in

the house.

To help prevent the possible exposure

of flocks in these ‘‘monitored’’

classifications to disease from outside

the flock, we would require

participating flockowners handling U.S.

M. Gallisepticum Monitored or U.S. M.

Synoviae Monitored products (i.e.,

poultry breeding stock and hatching

eggs, baby poultry, and started poultry)

to keep those products separate from

other products in a manner satisfactory

to the Official State Agency. Because M.

gallisepticum and M. synoviae are eggtransmitted diseases, we would further

specify that chicks from the multiplier

breeding flocks in these two

‘‘monitored’’ classifications would have
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules 11113

to be produced in incubators and

hatchers in which only eggs from flocks

with the same classification are set. This

precaution would ensure that eggs from

a monitored flock would not be set in

the same incubator or hatcher as eggs

from a flock that is not qualified under

the ‘‘U.S. M. Gallisepticum Monitored’’

or ‘‘U.S. M. Synoviae Monitored’’

classifications. By that same token, we

would also prohibit eggs from these

monitored flocks from being set in

hatchers or incubators where eggs from

‘‘U.S. M. Gallisepticum Clean’’ or ‘‘U.S.

M. Synoviae Clean’’ primary breeding

flocks are set, since the eggs from a

monitored flock would be, from a

disease-control perspective, of lesser

status than eggs from a flock with clean

status.

As a final precaution, chicks from

these monitored flocks would have to be

boxed in clean boxes and delivered in

trucks that had been cleaned and

disinfected in order to minimize the

possibility that the chicks could be

exposed to disease during transport.

Testing of Additional Male Breeding

Birds

We are proposing to amend the ‘‘U.S.

M. Gallisepticum Clean’’ and ‘‘U.S. M.

Synoviae Clean’’ classifications for

meat-type chicken breeding flocks,

§§ 145.33(c) and 145.33(e), respectively,

by adding a requirement for the testing

of a sample of male birds prior to their

addition to a participating multiplier

breeding flock. Male birds are added to

breeding flocks to augment the male

fertility of the flock, which tends to

decrease over time. Although the birds

to be added must already be drawn from

a qualified ‘‘clean’’ flock, we believe

that testing a sample of those birds

would serve as an additional safeguard

to ensure that the new birds would not

have a negative effect on the disease

status of the flock to which they would

be added.

We would require that a sample of at

least 3 percent of the birds to be added,

with a minimum of 10 birds per pen, be

tested for the classification’s disease of

concern (M. gallisepticum or M.

synoviae) a minimum of 14 days prior

to the date the birds were to be added

to the flock. The birds would have to be

tested using either a serologic test

provided for by § 145.14(b) or with a

polymerase chain reaction (PCR)-based

procedure approved by the Department

as provided by § 147.6. The male birds

from which the sample was drawn

would be considered to be affected with

the disease if a serologic test yielded

hemagglutination inhibition titers of

1:40 or higher or if the results of the

PCR tested were positive. If such

positive results were disclosed, the

affected male birds could not be added

to the flock and would have to be

retested or destroyed in order to prevent

the disease from spreading.

Use of Chick Papers

We are proposing to amend § 147.12

to add another environmental sampling

procedure for use in monitoring for the

presence of salmonella. Specifically, the

proposed new procedure would provide

for the collection of samples from chick

box papers for bacterial examination.

Chick box papers are used to line the

bottom of chick boxes to catch the

meconium droppings produced by the

chicks. Chick boxes are used to

transport baby poultry from the

hatchery to the brooding house for

grow-out.

Under the proposed procedure, which

would be added to the regulations as

§ 147.12(c), the Plan participant would

collect chick papers from one out of

every ten boxes of chicks placed in a

brooding house. The Plan participant

would have the choice of collecting

samples from the papers or sending the

chick box papers to a laboratory where

the samples would be collected. For

Plan participants who choose to collect

the samples, the proposed new

procedure provides detailed

instructions for preventing

contamination of the samples,

impregnating the sampling pads with

double-strength skim milk, sampling the

chick box papers, and sealing, storing,

and transporting the samples. Likewise,

the proposed procedures provide

packing and transport instructions for

those Plan participants who choose to

send the chick box papers to the

laboratory for sampling and culturing.

In either case, the samples collected

from the chick box papers would be

cultured at the laboratory for the

presence of salmonella.

The collection of samples from chick

box papers is, in essence, a smaller-scale

version of the drag swab technique

already used to collect environmental

samples, which is described in

§ 147.12(a)(3). Like the drag swab

sampling, chick box paper sampling

would help prevent the spread of

salmonella in participating flocks by

decreasing the likelihood of false

negatives on flock screening tests and

reducing the amount of time required

for laboratory diagnoses.

Surveillance and Qualification Tests for

Turkeys

We are proposing to amend the

procedures in § 145.43(c) for the ‘‘U.S.

M. Gallisepticum Clean’’ classification

for turkeys by adding a requirement for

surveillance testing. Currently, to

qualify a flock for the classification, a

random sample of the birds in the flock

must be tested when the birds are more

than 12 weeks of age. To retain the

classification, additional samples of 30

birds from male flocks and 60 birds

from female flocks must be tested when

the birds in the flock are 28 to 30 weeks

of age. We are proposing to follow the

week 30 test with continuing

surveillance tests conducted every 4 to

6 weeks thereafter. The tests would be

conducted on the same 30 male or 60

female sample size as the week 30 test

and would provide a means of

continually monitoring a turkey

breeding flock throughout the laying

cycle.

We are also proposing to increase the

sample size that must be tested to

qualify a turkey flock under § 145.43(d)

for the ‘‘U.S. M. Meleagridis Clean’’

classification. We would increase the

sample size, which currently is set at 60

birds, to 100 birds to make it consistent

with the sample size used in the ‘‘U.S.

M. Gallisepticum Clean’’ and ‘‘U.S. M.

Synoviae Clean’’ classifications and to

provide flockowners with more

representative samples of birds that

would better reflect the M. meleagridis

status of their flocks.

Status of Flocks

We are proposing to amend § 147.6 to

simplify the description of the

procedure that is used to determine the

status of flocks that react to tests for M.

gallisepticum, M. synoviae, or M.

meleagridis. Plan participants have

indicated that the current description of

the procedure in § 147.6 is somewhat

confusing and difficult to interpret. We

would, therefore, amend § 147.6 to

eliminate duplication and make the

procedure easier to follow. The

procedure itself, however, would not be

substantively changed.

U.S. Sanitation Monitored, Turkeys,

Classification

We are proposing to amend the ‘‘U.S.

Sanitation Monitored, Turkeys’’

classification by removing the

requirement for the collection and

examination of environmental samples

from laying houses following the

removal of a flock. We believe this

requirement, which is currently located

in § 145.43(f)(7), could be removed

because the regulations already provide

for environmental samples to be

collected and examined

bacteriologically for salmonella when a

flock is 12 to 20 weeks of age

(§ 145.43(f)(4)) and again when the flock

is 35 to 50 weeks of age and from each

molted flock at midlay (§ 145.43(f)(6)).
11114 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules

Because that sampling and testing will

have been conducted, and because a

house from which a flock has been

removed must be thoroughly cleaned

and disinfected before a new flock may

be placed in the house, we believe that

further environmental sampling after a

flock has been removed from a house is

unnecessary.

U.S. M. Synoviae Clean Classification

We are proposing to add a new

§ 145.53(d) to establish a new ‘‘U.S. M.

Synoviae Clean’’ classification for

waterfowl, exhibition poultry, and game

bird breeding flocks. The classification

would be given to qualifying waterfowl,

exhibition poultry, and game bird

breeding flocks that are free from M.

synoviae and that are maintained in a

manner that prevents M. synoviae from

being introduced into the flock. The

sampling, testing, and other criteria

under which waterfowl, exhibition

poultry, and game bird breeding flocks

would qualify for the proposed ‘‘U.S. M.

Synoviae Clean’’ classification would be

the same as those used in the existing

‘‘U.S. M. Synoviae Clean’’

classifications for egg-type chickens

(§ 145.23(e)) and meat-type chickens

(§ 145.33(e)) and would serve the same

purpose.

Miscellaneous

We are also proposing to amend

§ 145.10 by adding three new

illustrative designs to represent the

proposed new ‘‘U.S. Salmonella

Monitored,’’ ‘‘U.S. M. Gallisepticum

Monitored,’’ and ‘‘U.S. M. Synoviae

Monitored’’ classifications discussed

above.

Finally, we are also proposing to

correct an oversight dating back to the

last time the regulations were amended.

On March 21, 1996, we published a

final rule in the Federal Register (61 FR

11515–11525, Docket No. 94–091–2)

that amended the regulations to reflect

the proposals adopted by the voting

delegates to the Plan’s 1994 biennial

conference. One of those adopted

proposals called, in part, for raising

from 75 to 150 the minimum number of

birds tested to qualify an egg-type

chicken or meat-type chicken multiplier

breeding flock for ‘‘U.S. M. Synoviae

Clean’’ status and raising from 50 to 75

the number of birds to be tested each 90

days for the flock to retain ‘‘U.S. M.

Synoviae Clean’’ status. In the March

1995 final rule, as in the proposed rule

that preceded it (60 FR 35343–35353,

Docket No. 94–091–1, published July 7,

1995), the number of birds to be tested

each 90 days was raised from 50 to 75,

but we neglected to raise from 75 to 150

the number of birds to be tested to

qualify flocks for ‘‘U.S. M. Synoviae

Clean’’ status. Therefore, to correct that

oversight, we are proposing in this

document to amend §§ 145.23(e)(1)(ii)

and 145.33(e)(1)(ii) to require that a

sample comprised of a minimum of 150

birds be tested for M. synoviae when the

flock is more than 4 months of age to

qualify egg-type chicken and meat-type

chicken multiplier breeding flocks for

the ‘‘U.S. M. Synoviae Clean’’

classification. Increasing the sample size

would provide flockowners with more

representative samples of birds that

would better reflect the M. synoviae

status of their flocks.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The 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.

The proposed changes contained in

this document are based on the

recommendations of representatives of

member States, hatcheries, dealers,

flockowners, and breeders who took

part in the Plan’s 32nd Biennial

Conference. The proposed changes

would amend the Plan and its auxiliary

provisions by establishing new program

classifications and providing new or

modified sampling and testing

procedures for Plan participants and

participating flocks. These changes

would keep the provisions of the Plan

current with changes in the poultry

industry and provide for the use of new

sampling and testing procedures.

The Plan serves as a ‘‘seal of

approval’’ for egg and poultry producers

in the sense that tests and procedures

recommended by the Plan are

considered optimal for the industry. In

all cases, the changes proposed in this

document have been generated by the

industry itself with the goal of reducing

disease risk and increasing product

marketability.

Because participation in the Plan is

voluntary, individuals are likely to

remain in the program as long as the

costs of implementing the program are

lower than the added benefits they

receive from the program. Nine of the 12

proposed amendments involve minor

procedural changes that would have

negligible economic consequences. Plan

participants could realize some cost

savings because the testing requirements

for the proposed new ‘‘U.S. M.

Gallisepticum Monitored’’ and ‘‘U.S. M.

Synoviae Monitored’’ classifications are

not as stringent as the testing

requirements for the ‘‘clean’’

classifications for M. gallisepticum and

M. synoviae. These savings would,

however, likely be offset by the

proposed amendments to the ‘‘U.S. M.

Gallisepticum Clean’’ and ‘‘U.S. M.

Synoviae Clean’’ programs that would

require additional tests for meat-type

chicken breeding flocks when spiking

males are introduced. Of the 3,979

pullorum-typhoid clean flocks currently

participating in the Plan, 2,842 flocks

are classified as ‘‘U.S. M. Gallisepticum

Clean’’ and ‘‘U.S. M. Synoviae Clean;’’

the remaining 1,137 flocks are eligible

for the proposed new ‘‘U.S. M.

Gallisepticum Monitored’’ and ‘‘U.S. M.

Synoviae Monitored’’ programs.

However, because participation in Plan

programs is voluntary, the Agency could

not estimate the number of producers

who may participate in the two

proposed new ‘‘monitored’’

classifications or use the new tests.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would 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 proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are in conflict with this

rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This 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 and

147

Animal diseases, Poultry and poultry

products, Reporting and recordkeeping

requirements.

Accordingly, 9 CFR parts 145 and 147

would be amended as follows:
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules 11115

PART 145—NATIONAL POULTRY

IMPROVEMENT PLAN

1. The authority citation for part 145

would continue to read as follows:

Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80,

and 371.2(d).

2. Section 145.10 would be amended

as follows:

a. In paragraph (e), the words ‘‘and

§ 145.43(e)’’ would be removed and the

words ‘‘145.43(e), and § 145.53(d)’’

would be added in their place.

b. New paragraphs (o), (p), and (q)

would be added to read as set forth

below.

§ 145.10 Terminology and classification;

flocks, products, and States.

* * * * *

BILLING CODE 3410–34–P

(o) U.S. Salmonella Monitored. (See

§ 145.33(i).)

(p) U.S. M. Gallisepticum Monitored.

(See § 145.33(j).)

(q) U.S. M. Synoviae Monitored. (See

§ 145.33(k).)

BILLING CODE 3410–34–C

§ 145.23 [Amended]

3. Section 145.23 would be amended

as follows:

a. In paragraph (b), in the introductory

text, the words ‘‘at the discretion of the

official State agency with the

concurrence of the Service’’ would be

removed and the words ‘‘conducted a

minimum of 4 weeks after the induction

of molt’’ would be added in their place.

b. In paragraph (e)(1)(ii), in the

introductory text, the words ‘‘75 birds’’

would be removed and the words ‘‘150

birds’’ would be added in their place.

4. Section 145.33 would be amended

as follows:

a. In paragraph (b), in the introductory

text, the words ‘‘at the discretion of the

official State agency with the

concurrence of the Service’’ would be

removed and the words ‘‘conducted a

minimum of 4 weeks after the induction

of molt’’ would be added in their place.

b. A new paragraph (c)(4) would be

added to read as set forth below.

c. In paragraph (e)(1)(ii), in the

introductory text, the words ‘‘75 birds’’

would be removed and the words ‘‘150

birds’’ would be added in their place.

d. A new paragraph (e)(4) would be

added to read as set forth below.

e. New paragraphs (i), (j), and (k)

would be added to read as set forth

below.

§ 145.33 Terminology and classification;

flocks and products.

* * * * *

(c) * * *

(4) Before male breeding birds may be

added to a participating multiplier

breeding flock, a sample of at least 3

percent of the birds to be added, with

a minimum of 10 birds per pen, shall be

tested for M. gallisepticum as provided

in § 145.14(b) or by a polymerase chain

reaction (PCR)-based procedure

approved by the Department. The male

birds shall be tested no more than 14

days prior to their intended

introduction into the flock. If the

serologic testing of the birds yields

hemagglutination inhibition titers of

1:40 or higher, or if the PCR testing is

positive for M. gallisepticum, the male

birds may not be added to the flock and

must be either retested or destroyed.

* * * * *

(e) * * *

(4) Before male breeding birds may be

added to a participating multiplier

breeding flock, a sample of at least 3

percent of the birds to be added, with

a minimum of 10 birds per pen, shall be

tested for M. synoviae as provided in

§ 145.14(b) or by a polymerase chain

reaction (PCR)-based procedure

approved by the Department. The male

birds shall be tested no more than 14

days prior to their intended

introduction into the flock. If the

serologic testing of the birds yields

hemagglutination inhibition titers of

1:40 or higher, or if the PCR testing is

positive for M. synoviae, the male birds

may not be added to the flock and must

be either retested or destroyed.

* * * * *

(i) U.S. Salmonella Monitored. This

program is intended to be the basis from

which the breeding-hatching industry

may conduct a program for the

prevention and control of

Salmonellosis. It is intended to reduce

the incidence of Salmonella organisms

in hatching eggs and 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 shall originate from a

source where sanitation and

management practices, as outlined in

§ 145.33(d)(1), are conducted;

(ii) The flock is maintained in

compliance with §§ 147.21, 147.24(a),

and 147.26 of this chapter;

(iii) If feed contains animal protein,

the protein products should be

purchased from participants in the

Animal Protein Products Industry

(APPI) Salmonella Education/Reduction

Program. The protein products must

have a minimum moisture content of

14.5 percent and must have been heated

throughout to a minimum temperature

of 190 °F or above, or to a minimum

temperature of 165 °F for at least 20

minutes, or to a minimum temperature

of 184 °F under 70 lbs. pressure during

the manufacturing process;

(iv) Feed shall be stored and

transported in a manner to prevent

possible contamination;
11116 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules

(v) Chicks shall be hatched in a

hatchery meeting the requirements of

§§ 147.23 and 147.24(b) and sanitized or

fumigated (see § 147.25 of this chapter).

(vi) An Authorized Agent shall take

environmental samples from the

hatchery every 30 days; i.e., meconium

and chick papers. An authorized

laboratory for Salmonella shall examine

the samples bacteriologically;

(vii) An Authorized Agent shall take

environmental samples as described in

§ 147.12 of this chapter from each flock

at 4 months of age and every 30 days

thereafter. An authorized laboratory for

Salmonella shall examine the

environmental samples

bacteriologically;

(viii) 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.

(2) The Official State Agency may use

the procedures described in § 147.14 of

this chapter to monitor the effectiveness

of the egg sanitation practices.

(3) In order for a hatchery to sell

products of this classification, 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.

(j) U.S. M. Gallisepticum Monitored.

(1) A multiplier breeding flock in which

all birds or a sample of at least 20 birds

per house has been tested for M.

gallisepticum as provided in § 145.14(b)

when more than 4 months of age:

Provided, That to retain this

classification, a minimum of 20 birds

per house shall be tested again at 36 to

38 weeks and at 48 to 50 weeks at a

minimum: And provided further, That

each 20-bird sample should come from

two locations within the house (10 from

the front half of the house and 10 from

the back half of the house). A

representative sample of males and

females should be sampled. The

samples shall be marked ‘‘male’’ or

‘‘female.’’

(2) A participant handling U.S. M.

Gallisepticum Monitored products shall

keep these products separate from other

products in a manner satisfactory to the

Official State Agency: Provided, That

U.S. M. Gallisepticum Monitored chicks

from multiplier breeding flocks shall be

produced in incubators and hatchers in

which only eggs from flocks qualified

under paragraph (j)(1) of this section are

set. Eggs from U.S. M. Gallisepticum

Monitored multiplier breeding flocks

shall not be set in hatchers or incubators

in which eggs from U.S. M.

Gallisepticum Clean primary breeding

flocks qualified under paragraph (c)(1)(i)

of this section are set.

(3) U.S. M. Gallisepticum Monitored

chicks shall be boxed in clean boxes and

delivered in trucks that have been

cleaned and disinfected as described in

§ 147.24(a) of this chapter.

(k) U.S. M. Synoviae Monitored. (1) A

multiplier breeding flock in which all

birds or a sample of at least 20 birds per

house has been tested for M. synoviae as

provided in § 145.14(b) when more than

4 months of age: Provided, That to retain

this classification, a minimum of 20

birds per house shall be tested again at

36 to 38 weeks and at 48 to 50 weeks

at a minimum: And provided further,

That each 20-bird sample should come

from two locations within the house (10

from the front half of the house and 10

from the back half of the house). A

representative sample of males and

females should be sampled. The

samples shall be marked ‘‘male’’ or

‘‘female.’’

(2) A participant handling U.S. M.

Synoviae Monitored products shall keep

these products separate from other

products in a manner satisfactory to the

Official State Agency: Provided, That

U.S. M. Synoviae Monitored chicks

from multiplier breeding flocks shall be

produced in incubators and hatchers in

which only eggs from flocks qualified

under paragraph (k)(1) of this section

are set. Eggs from U.S. M. Synoviae

Monitored multiplier breeding flocks

shall not be set in hatchers or incubators

in which eggs from U.S. M. Synoviae

Clean primary breeding flocks qualified

under paragraph (e)(1)(i) of this section

are set.

(3) U.S. M. Synoviae Monitored

chicks shall be boxed in clean boxes and

delivered in trucks that have been

cleaned and disinfected as described in

§ 147.24(a) of this chapter.

(Approved by the Office of Management and

Budget under control number 0579–0007)

§ 145.43 [Amended]

5. Section 145.43 would be amended

as follows:

a. In paragraph (b), in the introductory

text, the words ‘‘at the discretion of the

official State agency with the

concurrence of the Service’’ would be

removed and the words ‘‘conducted a

minimum of 4 weeks after the induction

of molt’’ would be added in their place.

b. In paragraph (c)(1), at the end of the

paragraph, the words ‘‘and at 4–6 week

intervals thereafter’’ would be added

immediately after the words ‘‘28–30

weeks of age’’.

c. In paragraph (d)(1)(i), the words

‘‘60 birds’’ would be removed and the

words ‘‘100 birds’’ would be added in

their place.

d. In paragraph (d)(2), at the end of

the second sentence, the words ‘‘of this

chapter’’ would be added immediately

after the citation ‘‘§ 147.6(b)’’.

e. Paragraph (f)(7) would be removed

and paragraph (f)(8) would be

redesignated as paragraph (f)(7).

6. Section 145.53 would be amended

by adding a new paragraph (d) to read

as follows:

§ 145.53 Terminology and classification;

flocks and products.

* * * * *

(d) U.S. M. Synoviae Clean. (1) A

flock maintained in compliance with

the provisions of § 147.26 of this chapter

and in which freedom from

Mycoplasma synoviae has been

demonstrated under the criteria

specified in paragraph (d)(1)(i) or

(d)(1)(ii) of this section.

(i) It is a flock in which a minimum

of 300 birds has been tested for M.

synoviae as provided in § 145.14(b)

when more than 4 months of age:

Provided, That to retain this

classification, a sample of at least 150

birds shall be tested at intervals of not

more than 90 days: And provided

further, That a sample comprised of

fewer than 150 birds may be tested at

any one time with the approval of the

Official State Agency and the

concurrence of the Service, provided

that a minimum of 150 birds is tested

within each 90-day period; or

(ii) It is a multiplier breeding flock

that originated as U.S. M. Synoviae

Clean chicks from primary breeding

flocks and from which a sample

comprised of a minimum of 75 birds has

been tested for M. synoviae as provided

in § 145.14(b) when more than 4 months

of age: Provided, That to retain this

classification, the flock shall be

subjected to one of the following

procedures:

(A) At intervals of not more than 90

days, a sample of 50 birds shall be

tested: Provided, That a sample of fewer

than 50 birds may be tested at any one

time, provided that a minimum of 30

birds per flock with a minimum of 15

birds per pen, whichever is greater, is

tested each time and a total of at least

50 birds is tested within each 90-day

period; or

(B) At intervals of not more than 30

days, egg yolk testing shall be

conducted in accordance with § 147.8 of

this chapter.

(2) A participant handling U.S. M.

Synoviae Clean products shall keep

those products separate from other

products in a manner satisfactory to the

Official State Agency: Provided, That
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Proposed Rules 11117

U.S. M. Synoviae Clean chicks from

primary breeding flocks shall be

produced in incubators and hatchers in

which only eggs from flocks qualified

under paragraph (d)(1)(i) or (d)(1)(ii) of

this section are set.

(3) U.S. M. Synoviae Clean chicks

shall be boxed in clean boxes and

delivered in trucks that have been

cleaned and disinfected as described in

§ 147.24(a) of this chapter.

(Approved by the Office of Management and

Budget under control number 0579–0007)

PART 147—AUXILIARY PROVISIONS

ON NATIONAL POULTRY

IMPROVEMENT PLAN

7. The authority citation for part 147

would continue to read as follows:

Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80,

and 371.2(d).

8. Section 147.6 would be amended as

follows:

a. Paragraph (a) would be removed

and paragraph (b) would be

redesignated as paragraph (a).

b. The introductory text of newly

redesignated paragraph (a) would be

revised to read as set forth below.

c. In newly redesignated paragraph

(a)(2), the words ‘‘paragraphs (b)(3),

(b)(4), and (b)(5)’’ would be removed

and the words ‘‘paragraphs (a)(3), (a)(4),

and (a)(5)’’ would be added in their

place.

d. In newly redesignated paragraphs

(a)(3), (a)(4), (a)(5), (a)(9), and (a)(10),

the words ‘‘paragraph (b)(6)’’ would be

removed and the words ‘‘paragraph

(a)(6)’’ would be added in their place.

e. In newly redesignated paragraph

(a)(5), in the first sentence, the words

‘‘in conjunction with any of the criteria

described in paragraph (a)(1) of this

section,’’ would be removed and, in the

second sentence, the words ‘‘but none of

the criteria described in paragraph (a)(1)

of this section are evident,’’ would be

removed.

f. In newly redesignated paragraph

(a)(13), the word ‘‘both’’ would be

removed.

g. A new paragraph (b) would be

added and reserved.

§ 147.6 Procedure for determining the

status of flocks reacting to tests for

Mycoplasma gallisepticum, Mycoplasma

synoviae, and Mycoplasma meleagridis.

* * * * *

(a) The status of a flock for

Mycoplasma shall be determined

according to the following criteria:

* * * * *

9. Section 147.12 would be amended

by adding a new paragraph (c) to read

as follows:

§ 147.12 Procedures for collecting

environmental samples and cloacal swabs

for bacteriological examination.

* * * * *

(c) Chick box papers. Samples from

chick box papers may be

bacteriologically examined for the

presence of salmonella. The Plan

participant may collect the samples in

accordance with paragraph (c)(1) of this

section or submit chick box papers

directly to a laboratory in accordance

with paragraph (c)(2) of this section.

(1) Instructions for collecting samples

from chick box papers:

(i) Collect 1 chick box paper for each

10 boxes of chicks placed in a house

and lay the papers on a clean surface.

(ii) Clean your hands and put on latex

gloves. Do not apply disinfectant to the

gloves. Change gloves after collecting

samples from 10 chick box papers or

any time a glove is torn.

(iii) Saturate a sterile 3-by-3 inch

gauze pad with double-strength skim

milk (see footnote 11 to this section) and

rub the pad across the surface of five

chick box papers. Rub the pad over at

least 75 percent of each paper and use

sufficient pressure to rub any dry

meconium off the paper. Pouring a

small amount of double-strength skim

milk (1 to 2 tablespoons) on each paper

will make it easier to collect samples.

(iv) After collecting samples from 10

chick box papers, place the two gauze

pads used to collect the samples (i.e.,

one pad per 5 chick box papers) into an

18 oz. Whirl-Pak bag and add 1 to 2

tablespoons of double-strength skim

milk.

(v) Promptly refrigerate the Whirl-Pak

bags containing the samples and

transport them, on ice or otherwise

refrigerated, to a laboratory within 48

hours of collection. The samples may be

frozen for longer storage if the Plan

participant is unable to transport them

to a laboratory within 48 hours.

(2) The Plan participant may send

chick box papers directly to a

laboratory, where samples may be

collected as described in paragraph

(c)(1) of this section. To send chick box

papers directly to a laboratory, the Plan

participant shall:

(i) Collect 1 chick box paper for each

10 boxes of chicks placed in a house

and place the chick papers immediately

into large plastic bags and seal the bags.

(ii) Place the plastic bags containing

the chick box papers in a clean box and

transport them within 48 hours to a

laboratory. The plastic bags do not

require refrigeration.

(Approved by the Office of Management and

Budget under control number 0579–0007)

Done in Washington, DC, this 4th day of

March 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–6025 Filed 3–10–97; 8:45 am]

BILLING CODE 3410–34–P

FEDERAL RESERVE SYSTEM

12 CFR Parts 204 and 209

[Regulations D and I; Docket No. R–0963]

Reserve Requirements of Depository

Institutions and Issue and Cancellation

of Capital Stock of Federal Reserve

Banks

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Proposed rule.

SUMMARY: The Board is proposing

amendments to Regulations D and I,

Reserve Requirements of Depository

Institutions and Issue and Cancellation

of Capital Stock of Federal Reserve

Banks, to define the location of a

depository institution. The proposed

amendments would clarify the Federal

Reserve District where a depository

institution is eligible for Federal Reserve

membership and the location of a

depository institution’s reserve account.

The Board is proposing these changes to

facilitate interstate banking.

DATES: Comments must be submitted on

or before April 18, 1997.

ADDRESSES: Comments, which should

refer to Docket No. R–0963, may be

mailed to Mr. William W. Wiles,

Secretary, Board of Governors of the

Federal Reserve System, 20th Street and

Constitution Avenue, NW., Washington,

DC 20551. Comments addressed to Mr.

Wiles also may be delivered to the

Board’s mail room between 8:45 a.m.

and 5:15 p.m. and to the security control

room outside of those hours. Both the

mail room and the security control room

are accessible from the courtyard

entrance on 20th Street between

Constitution Avenue and C Street, NW.

Comments may be inspected in Room

MP–500 between 9:00 a.m. and 5:00

p.m.

FOR FURTHER INFORMATION CONTACT:

Oliver Ireland, Associate General

Counsel, (202/452–3625) or Stephanie

Martin, Senior Attorney (202/452–

3198), Legal Division. For the hearing

impaired only, contact Dorothea

Thompson, Telecommunications Device

for the Deaf (TDD) (202/452–3544),

Board of Governors of the Federal

Reserve System, 20th and C Streets,

NW., Washington, DC 20551.