40008 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

from regions where CEM exists were

imported into approved States in fiscal

year 1996. During this same period,

approximately 3,243 horses of all

classes were imported into the United

States from countries other than Canada

and Mexico through air and ocean ports;

approximately 18,223 horses were

imported from Canada; and,

approximately 10,079 horses were

imported from Mexico.

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 rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent 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.

Paperwork Reduction Act

This rule contains no 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 Part 93

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 93 is

amended as follows:

PART 93—IMPORTATION OF CERTAIN

ANIMALS, BIRDS, AND POULTRY,

AND CERTAIN ANIMAL, BIRD, AND

POULTRY PRODUCTS;

REQUIREMENTS FOR MEANS OF

CONVEYANCE AND SHIPPING

CONTAINERS

1. The authority citation for part 93

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1305;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

§ 93.301 [Amended]

2. Section 93.301 is amended as

follows:

a. In paragraph (h)(6), by adding, in

alphabetical order, ‘‘The State of

Georgia’’.

b. In paragraph (h)(7), by adding, in

alphabetical order, ‘‘The State of

Georgia’’.

Done in Washington, DC, this 22 day of

July, 1998.

Charles P. Schwable,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–19995 Filed 7–24–98; 8:45 am]

BILLING CODE 3410–34–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 145

[Docket No. 97–043–2]

National Poultry Improvement Plan;

Special Provisions for Ostrich

Breeding Flocks and Products

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the National

Poultry Improvement Plan (the Plan) to

provide for the participation of ostrich

breeding flocks in the provisions of the

Plan. The addition of provisions for

ostrich breeding flocks to the Plan was

voted on and approved by the voting

delegates at the Plan’s 1996 National

Plan Conference. Adding provisions for

ostriches to the Plan will make it

possible for the owners of ostrich flocks

to voluntarily participate in the Plan’s

programs for the prevention and control

of egg-transmitted, hatcherydisseminated poultry diseases.

EFFECTIVE DATE: August 26, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Andrew R. Rhorer, Senior Coordinator,

Poultry Improvement Staff, National

Poultry Improvement Plan, Veterinary

Services, APHIS, USDA, 1498 Klondike

Road, Suite 200, Conyers, GA 30094–

5104; (770) 922–3496; E-mail:

arhorer@aphis.usda.gov.

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 C,

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. S. Enteritidis 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 part 145

(referred to below as the regulations)

contain the general provisions of the

Plan (subpart A, §§ 145.1 through

145.14) and special provisions regarding

the participation of breeding flocks of

egg-type chickens (subpart B, §§ 145.21

through 145.24), meat-type chickens

(subpart C, §§ 145.31 through 145.34),

turkeys (subpart D, §§ 145.41 through

145.44), and waterfowl, exhibition

poultry, and game birds (subpart E,

§§ 145.51 through 145.54).

On March 12, 1998, we published in

the Federal Register (63 FR 12036–

12040, Docket No. 97–043–1) a proposal

to amend the regulations to add a new

subpart F to provide for the

participation of ostrich breeding flocks

and their products. That proposed

amendment had been recommended by

the voting delegates to the National Plan

Conference that was held from June 30

to July 2, 1996.

We solicited comments concerning

our proposal for 60 days ending May 11,

1998. We did not receive any comments.

Therefore, for the reasons given in the

proposed rule, we are adopting the

proposed rule as a final rule without

change.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. The rule has

been determined to be not significant for

the purposes of Executive Order 12866
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations 40009

and, therefore, has not been reviewed by

the Office of Management and Budget.

This rule amends the Plan to provide

for the participation of ostrich breeding

flocks in the provisions of the Plan.

Adding provisions for ostriches to the

Plan will make it possible for the ostrich

flocks to voluntarily participate in the

Plan’s programs for the prevention and

control of egg-transmitted, hatcherydisseminated poultry diseases. The

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

1996 National Plan Conference.

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 have been

generated by the industry itself with the

goal of reducing disease risk and

increasing product marketability.

According to industry estimates, there

were approximately 350,000 to 500,000

ostriches of all ages in the United States

in 1995. There were approximately

371,000 ostrich chicks hatched during

the same period. In comparison, within

the chicken industry, about 8,324

million chicks (broiler and meat type)

were hatched by commercial hatcheries,

with a total value to the poultry

industry was about $17.2 billion in

1995. Thus, the ostrich industry, in

comparison to the rest of the poultry

industry, is very small.

Although participation in the Plan is

voluntary, 99 percent of poultry

breeders and hatcheries are participants

in the Plan and benefit from various

aspects of the program. There are

several economic and other advantages

that will accrue to ostrich breeders and

hatcheries if they participate in the Plan

as a result of this rule.

If the bulk of ostrich producers

participate in the Plan, their

implementation of the Plan’s

management practices can be expected

to raise, or at least maintain, the level

of health of ostriches in the United

States. Wide membership will also

provide a voice for the ostrich industry

with regard to regulatory control of

infectious poultry diseases that affect

ostriches.

Allowing ostrich flocks to participate

in the Plan may validate the ostrich

industry in the eyes of the public and

of the agricultural industry as whole, so

participating flockowners could

anticipate some potential advancement

in the marketability of ostriches and

ostrich products throughout the

country. To those interested in

acquiring ostriches or their products, it

may be reassuring to know that these are

from breeders and hatcheries that are

participants in the Plan. Similarly,

overseas importers may be more at ease

knowing the ostriches and products are

derived from flocks that are part of the

Plan. We believe that it will be

advantageous to those who raise

ostriches and to the poultry industry as

a whole, as well as to APHIS, that as

many producers of poultry and poultry

products, including ostriches,

participate in the Plan and follow the

standards developed and practiced by

Plan participants.

Because participation in any Plan

program is voluntary, individuals are

likely to continue in the program only

as long as the benefits they receive from

the program outweigh the costs of their

participation. Tests and procedures

recommended by the Plan are

considered optimal for the industry.

Any increased cost to ostrich breeders

and hatcheries for the detection and

prevention programs will be minor

compared to the losses that each

producer could bear in case of

undetected disease spread. Furthermore,

the number of birds required to be

tested is small compared to the size of

flocks within the industry. The costs of

conducting tests, as well as the cost of

specific antigens used to detect specific

diseases, are modest. For example, the

cost of performing Pullorum-Typhoid

plate test averages between $0.04 and

$0.08 per bird. The cost of Mycoplasma

gallisepticum plate test antigen is $0.10

per plate test, while the cost of antigen

for each pullorum-typhoid plate test is

$0.08. In many States, pullorum testing

is provided for free. Although the cost

for the laboratory testing of blood

samples from ostriches will not differ

significantly from the cost of testing

blood samples from other poultry, the

process of obtaining blood samples from

ostriches may require more resources

than for other birds. Applying these

costs to the small sizes of the ostrich

flocks, and comparing the total potential

losses that individual producers could

incur as a result of the loss of some or

all of their flock due to disease, the cost

of testing a small number of birds would

be minor.

Because participation in the Plan is

not mandatory, it is not clear how many

owners of ostriches will join the

program. However, there are about 7,380

flockowners, owning on average

between 50 and 70 ostriches each, who

may potentially join. The potential entry

of the ostrich flocks into the Plan is not

be expected to change the supply and

demand conditions in the market for

poultry of any type, including ostriches;

as a result, changes in prices are not

anticipated. Finally, since the additional

costs will be minor and could be

expected to be balanced out by the

benefits, we have concluded that this

rule is unlikely to have any significant

impact on producers or consumers.

Including ostrich flocks in the Plan will

not likely result in any significant

change in program operations.

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 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.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this rule have

been approved by the Office of

Management and Budget (OMB) under

OMB control number 0579–0007.

List of Subjects in 9 CFR Part 145

Animal diseases, Poultry and poultry

products, Reporting and recordkeeping

requirements.

Accordingly, 9 CFR part 145 is

amended as follows:

PART 145—NATIONAL POULTRY

IMPROVEMENT PLAN

1. The authority citation for part 145

continues to read as follows:

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

and 371.2(d).

§ 145.1 [Amended]

2. In § 145.1, the definition of poultry

is amended by adding the word

‘‘ostriches,’’ immediately after the word

‘‘turkeys,’’.
40010 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

§ 145.3 [Amended]

3. In § 145.3, in the introductory text

of paragraph (c), the second sentence is

amended by adding the words ‘‘or, in

the case of ostriches, before the birds

reach 20 months of age’’ immediately

after the word ‘‘age’’.

§ 145.5 [Amended]

4. In § 145.5, paragraph (c) is

amended by removing the words ‘‘or E’’

and adding the words ‘‘E, or F’’ in their

place.

§ 145.10 [Amended]

5. In § 145.10, the introductory text of

the section is amended by removing the

words ‘‘or E’’ and adding the words ‘‘E,

or F’’ in their place, and paragraph (b)

is amended by removing the words ‘‘and

§ 145.53(b)’’ and adding the words

‘‘§ 145.53(b), and § 145.63(a)’’ in their

place.

§ 145.14 [Amended]

6. In § 145.14, in the introductory text

of the section, the first sentence is

amended by adding the words ‘‘, and

ostriches blood tested under subpart F

must be more than 12 months of age’’

immediately after the word ‘‘first’’.

7. In § 145.14, paragraph (a)(5) is

amended by removing the words ‘‘and

145.53’’ and adding the words ‘‘, 145.53,

and 145.63’’ in their place.

8. A new subpart F is added to read

as follows:

Subpart F—Special Provisions for Ostrich

Breeding Flocks and Products

145.61 Definitions.

145.62 Participation.

145.63 Terminology and classification;

flocks and products.

Subpart F—Special Provisions for

Ostrich Breeding Flocks and Products

§ 145.61 Definitions.

Except where the context otherwise

requires, for the purposes of this subpart

the following terms shall be construed,

respectively, to mean:

Ostrich. Birds of the species Struthio

camelus, including all subspecies and

subspecies hybrids.

§ 145.62 Participation.

Participating flocks of ostriches, and

the eggs and chicks produced from

them, shall comply with the applicable

general provisions of subpart A of this

part and the special provisions of this

subpart.

(a) Started poultry shall lose their

identity under Plan terminology when

not maintained by Plan participants

under the conditions prescribed in

§ 145.5(a).

(b) Hatching eggs produced by

primary breeding flocks shall be

fumigated or otherwise sanitized (see

§ 147.22 of this chapter).

§ 145.63 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

their corresponding designs illustrated

in § 145.10.

(a) 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 paragraph (a)(1) or (a)(2) of

this section. (See § 145.14(a) relating to

the official blood test for pullorumtyphoid where applicable.)

(1) It has been officially blood tested

within the past 12 months with no

reactors.

(2) It is a multiplier or primary

breeding flock in which a sample of

each bird in flocks of 30 or fewer birds,

a minimum of 30 birds from flocks up

to 300 birds, or 10 percent of all birds

from flocks exceeding 300 birds has

been officially tested for pullorumtyphoid within the past 12 months with

no reactors: Provided, That a

bacteriological examination monitoring

program for ostriches 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

multiplier 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.

(b) [Reserved]

Done in Washington, DC, this 22nd day of

July 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–19997 Filed 7–24–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 391 and 381

[Docket No. 98–030N]

Meat, Poultry, and Egg Products

Labeling Review Process; Elimination

of Appointments With Label Courier/

Expediting Firms

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Notice of procedural change;

request for comments.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is announcing

a procedural change for reviewing

labeling submitted to the Labeling

Review Branch (LRB) of the Labeling

and Compounds Review Division

(LCRD). The new procedure will

eliminate routine, daily, time-set, faceto-face appointments with label courier/

expediting firms. Elimination of the

daily, face-to-face appointments will not

change the present system of labeling

review and will not limit access to all

LCRD staff. The labeling review staff

will continue to receive and approve

labels for meat, poultry, and egg

products in a timely and orderly

manner. However, the procedural

change will lead to a more effective and

efficient use of LRB staff time and

enable staff to perform labeling reviews

and other duties concurrently.

DATES: The change in procedures for

labeling review will be effective

September 10, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

William J. Hudnall, Assistant Deputy

Administrator, Office of Policy,

Planning and Evaluation; telephone

(202) 205–0495 or FAX (202) 401–1760.

SUPPLEMENTARY INFORMATION: FSIS has

stated repeatedly its intent to increase

the proportional share of its resources

that are devoted to food safety. The

Agency reorganization of 1996 reduced

the number of administrative support

positions, eliminated several

management levels, improved

supervisor-to-employee ratios, and

restructured an expanded front line

inspection workforce to perform more

effectively. The Agency continues to

seek ways to improve the efficiency

with which it carries out its consumer

protection activities that are not related

to food safety. Therefore, FSIS is

reviewing all operations in an effort to

achieve greater efficiency while

improving the level of consumer

protection.

The Prior Label Approval System

(PLAS) is conducted as part of the