[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Rules and Regulations]
[Pages 71623-71624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28439]



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Rules and Regulations
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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / 
Rules and Regulations

[[Page 71623]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 145 and 146

[Docket No. APHIS-2011-0101]
RIN 0579-AD83


National Poultry Improvement Plan and Auxiliary Provisions; 
Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule that was published in the Federal Register on 
July 9, 2014, and effective on August 8, 2014, we amended the 
provisions of the National Poultry Improvement Plan by, among other 
things, amending the standards for the U.S. H5/H7 Avian Influenza 
Monitored classification. In that amendment, we incorrectly indicated 
that table-egg layer flocks may qualify for U.S. H5/H7 Avian Influenza 
Monitored status if they meet one of three testing and surveillance 
requirements, when we should have indicated such flocks must meet all 
applicable listed testing and surveillance requirements to qualify. 
This document corrects that error. We are also making several other 
minor edits for clarity.

DATES: Effective December 3, 2014.

FOR FURTHER INFORMATION CONTACT: Dr. Denise Brinson, DVM, Director, 
National Poultry Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, 
Suite 101, Conyers, GA 30094-5104; (770) 922-3496.

SUPPLEMENTARY INFORMATION: The National Poultry Improvement Plan (NPIP, 
also referred to below as ``the Plan'') is a cooperative Federal-State-
industry mechanism for controlling certain poultry diseases. The Plan 
consists of a variety of programs intended to prevent and control 
poultry diseases. Participation in all Plan programs is voluntary, but 
breeding flocks, hatcheries, and dealers must first qualify as ``U.S. 
Pullorum-Typhoid Clean'' as a condition for participating in the other 
Plan programs.
    The regulations in 9 CFR parts 145, 146, and 147 (referred to below 
as the regulations) contain the provisions of the Plan. The Animal and 
Plant Health Inspection Service (APHIS) of the U.S. Department of 
Agriculture (USDA) amends these provisions from time to time to 
incorporate new scientific information and technologies within the 
Plan.
    In a final rule \1\ published in the Federal Register on July 9, 
2014 (79 FR 38752-38768, Docket No. APHIS-2011-0101), with an effective 
date of August 8, 2014, we amended the regulations by, among other 
things, amending the standards for the U.S. H5/H7 Avian Influenza 
Monitored classification. Section 146.23(a) provides the U.S. H5/H7 
Avian Influenza Monitored classification for table-egg layer pullet 
flocks and table-egg layer flocks. Prior to the final rule, the 
introductory text for paragraph (a) addressed the table-egg layer 
industry generally, including both table-egg layer pullet flocks and 
table-egg layer flocks. Separate testing requirements were set out for 
each type of flock in paragraphs (a)(1) and (a)(2), respectively. 
However, this caused some confusion. Therefore, in the final rule, we 
reformatted paragraph (a) so that it includes introductory text in 
paragraphs (a)(1) and (a)(2) that is specific to each type of flock. 
The testing requirements, which remain the same, were set out for each 
type of flock using the phrase ``A flock will qualify for this 
classification when the Official State Agency determines that it has 
met one of the following requirements.'' While the use of ``one of'' is 
appropriate for paragraph (a)(1) as there are only two testing and 
surveillance options that satisfy the U.S. H5/H7 Avian Influenza 
Monitored classification, in order for flocks in paragraph (a)(2) to 
attain U.S. H5/H7 Avian Influenza Monitored classification they must 
meet the requirements of paragraph (a)(2)(i) and either paragraph 
(a)(2)(ii) or (a)(2)(iii). Therefore, using ``one of'' in this case 
inadvertently removes necessary testing requirements.
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    \1\ To view the final rule and related documents, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0101.
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    To clarify the requirements that must be followed for table-egg 
layer flocks to qualify as U.S. H5/H7 Avian Influenza Monitored 
classified, we are amending the introductory text in paragraph (a)(2) 
to make it clear that table-egg layer flocks must meet the requirements 
of paragraph (a)(2)(i) and the requirements of either paragraph 
(a)(2)(ii) or (a)(2)(iii).
    Section 145.23(h) sets out requirements for the U.S. Avian 
Influenza Clean classification for multiplier breeding flocks. The 
regulations currently state that a flock and the hatching eggs and 
chicks produced from it will obtain this classification if, along with 
other requirements, during each 90-day period, all multiplier spent 
fowl within the flock, up to a maximum of 30, are tested and found 
negative for avian influenza within 21 days prior to movement to 
slaughter. In the final rule, we intended to change this requirement to 
state that such a classification may be obtained when, in addition to 
other requirements, a sample of at least 11 birds is tested and found 
negative to avian influenza within 21 days prior to slaughter. We are 
correcting this unintended omission in this technical amendment.
    We are also making several other changes to improve the clarity of 
the regulations. Section 145.33(l) sets out requirements for the U.S. 
Avian Influenza Clean classification for multiplier meat-type chicken 
breeding flocks. However, the introductory text in paragraph (l) 
inadvertently refers to members of such flocks as ``primary breeding 
chickens.'' Therefore, we are amending the introductory text in 
paragraph (l) to replace the word ``primary'' with the word 
``multiplier.'' In paragraph (l)(2) we are also adding the word 
``serologically'' after the word ``tested'' and the words ``for 
antibodies for avian influenza'' after the word ``negative.'' Finally, 
we are adding the words ``for antibodies for avian influenza'' after 
the word ``negative'' in Sec.  145.83(g)(2). We are making these 
changes to clarify the nature of the required testing.

[[Page 71624]]

List of Subjects in 9 CFR Parts 145 and 146

    Animal diseases, Poultry and poultry products, Reporting and 
recordkeeping requirements.

    Accordingly, we are amending 9 CFR parts 145 and 146 as follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

0
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.


0
2. In Sec.  145.23, paragraph (h)(2) is revised to read as follows:


Sec.  145.23  Terminology and classification; flocks and products.

* * * * *
    (h) * * *
    (2) A sample of at least 11 birds must be tested and found negative 
to avian influenza within 21 days prior to slaughter.
* * * * *

0
3. Section 145.33 is amended in paragraph (l) introductory text, by 
revising the second sentence after the heading and by revising 
paragraph (l)(2) to read as follows:


Sec.  145.33  Terminology and classification; flocks and products.

* * * * *
    (l) * * * It is intended to determine the presence of avian 
influenza in multiplier breeding chickens through routine surveillance 
of each participating breeding flock. * * *
* * * * *
    (2) During each 90-day period, all multiplier spent fowl, up to a 
maximum of 30, must be tested serologically and found negative for 
antibodies for avian influenza within 21 days prior to movement to 
slaughter.
* * * * *


Sec.  145.83  [Amended]

0
4. In Sec.  145.83, paragraph (g)(2) is amended by adding the words 
``for antibodies for avian influenza'' after the word ``negative''.

PART 146--NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY

0
5. 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.


Sec.  146.23  [Amended]

0
6. Section 146.23 is amended as follows:
0
a. In paragraph (a)(2) introductory text, by removing the words ``one 
of''.
0
b. In paragraph (a)(2)(i), by adding the words ``and either'' after the 
word ``disposal;''.

    Done in Washington, DC, this 26th day of November 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-28439 Filed 12-2-14; 8:45 am]
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