[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15635]


[Federal Register: June 28, 1994]


  
  
  
                                                   VOL. 59, NO. 123

                                             Tuesday, June 28, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 53, 71, 82, 92, 94, and 161

[Docket No. 87-090-1]
RIN 0579-AA22


Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in 
Poultry

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise completely subpart A of part 82 of 
title 9, Code of Federal Regulations, concerning exotic Newcastle 
disease in birds and poultry, and psittacosis or ornithosis in poultry. 
We have reviewed part 82 as part of our ongoing review of existing 
regulations, and believe that a complete revision of subpart A is 
necessary. Revising the regulations would make them easier to 
understand, thereby increasing compliance with the regulations, and 
would make them more effective in preventing the interstate spread of 
these diseases. We are also proposing to amend parts 53, 71, 92, 94, 
and 161 of Title 9, Code of Federal Regulations, to reflect the 
amendments to part 82 we are proposing.

DATES: Consideration will be given only to comments received on or 
before August 29, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 87-090-1. 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 encouraged to call ahead (202-690-2817) to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. C.M. Groocock, Senior Staff 
Veterinarian, Emergency Programs Staff, VS, APHIS, USDA, room 746, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20872, (301) 436-
8240.

SUPPLEMENTARY INFORMATION:

Background

Part 82

    The regulations in 9 CFR part 82, subpart A, restrict the 
interstate movement of certain poultry, birds, and other items from 
premises and areas quarantined because of exotic Newcastle disease, and 
psittacosis or ornithosis.1 These regulations are designed to 
prevent the interstate spread of these contagious, infectious, and 
communicable diseases of birds and poultry, which could devastate the 
United States poultry industry.
---------------------------------------------------------------------------

    \1\Psittacosis and ornithosis are two different names for the 
same disease. However, ``psittacosis'' commonly refers to the 
disease in humans and birds and ``ornithosis'' refers to the disease 
in poultry.
---------------------------------------------------------------------------

    We have reviewed the exotic Newcastle disease and psittacosis/
ornithosis regulations in accordance with our regulatory review plan, 
which provides for ongoing review of existing regulations. Based on 
this review, we believe a complete revision of these regulations is 
necessary.
    We have also reviewed 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. These regulations were established 
in February 1990 [Docket No. 88-161, 55 FR 5576-5584] and were most 
recently amended in January 1992 [Docket No. 91-193, 57 FR 776-779]. 
These regulations are not being revised as part of this rulemaking.
    We are proposing to revise the regulations in subpart A (referred 
to below as the regulations) to accomplish two goals. One goal is to 
make the regulations easier to understand, thereby increasing 
compliance with them. The other goal is to make the regulations more 
effective in preventing the interstate spread of exotic Newcastle 
disease and psittacosis/ornithosis.

Psittacosis or Ornithosis

    We are proposing to change the name of the disease ``psittacosis or 
ornithosis'' to ``chlamydiosis.'' Since the time the regulations were 
last amended, accepted veterinary medical terminology has changed. The 
disease ``psittacosis or ornithosis'' is now generally referred to as 
``chlamydiosis.'' In this proposed rule, we will use the term 
``chlamydiosis'' when referring to the disease referred to in the 
current regulations as ``psittacosis or ornithosis.''

Exotic Newcastle Disease

    In current Sec. 82.1, exotic Newcastle disease is defined as the 
exotic viscerotropic type of Newcastle disease, a contagious, 
infectious, and communicable disease of poultry. We are proposing to 
revise the definition of exotic Newcastle disease to include any 
velogenic Newcastle disease. (``Velogenic'' refers to the severity of 
the strain of the virus in question.) Velogenic Newcastle disease is an 
acute, rapidly spreading, and usually fatal exotic viral disease of 
birds and poultry. If there were an outbreak of any velogenic Newcastle 
disease in this country, it would be treated in the same way as 
velogenic viscerotropic Newcastle disease.
    Consistent with the change to the definition of exotic Newcastle 
disease we are proposing in part 82, we are proposing to amend 9 CFR 
parts 92, 94, and 161 to use the term ``exotic Newcastle disease'' 
instead of velogenic viscerotropic Newcastle disease (VVND), and are 
proposing to revise the definition of Exotic Newcastle disease in 9 CFR 
part 94 to make it consistent with the proposed definition in part 82.

Organizational Changes

    In order to make the regulations easier to understand, we are 
proposing to reorganize them. Under our proposal, part 82 would be 
divided into three portions, instead of the current two. The first 
portion (proposed subpart A) would concern quarantines and other 
restrictions imposed only because of exotic Newcastle disease (END). 
The second portion (proposed subpart B) would concern restrictions 
imposed only because of chlamydiosis. Subpart C would contain the 
Salmonella enteritidis serotype enteritidis regulations.
    The regulations in proposed subpart A would: (1) Set forth criteria 
for determining birds or poultry to be infected with, exposed to, or 
free from END; (2) explain how and when we would impose a quarantine; 
(3) list specific requirements for moving quarantined birds, poultry, 
and other items interstate; (4) explain how and when we would remove a 
quarantine; and (5) Set forth provisions regarding replacement birds 
and poultry.
    The regulations in proposed subpart B would: (1) set forth general 
restrictions on the interstate movement of poultry infected with 
chlamydiosis and on the interstate movement of other items related to 
infected poultry; and (2) list requirements for cleaning and 
disinfecting premises, vehicles, and other equipment that are or that 
have been used in holding or moving poultry infected with chlamydiosis.
    We are also proposing many other nonsubstantive and substantive 
changes to the regulations. These proposed changes, which are all 
intended to make the regulations more effective in preventing the 
interstate spread of exotic Newcastle disease and chlamydiosis, are 
discussed individually below. Some of these provisions are similar or 
identical with regard to both the END and the chlamydiosis regulations 
(proposed subparts A and B). Other changes are particular to the END 
regulations (proposed subpart A). In this preamble, we discuss first 
those provisions that are particular to proposed subpart A. We then 
discuss those provisions that are similar or identical in proposed 
subparts A and B.

Provisions Particular to the END Regulations

    We are proposing to delete current Sec. 82.2(a). This section 
states that ``poultry, psittacine and mynah birds, and birds of all 
other species'' are susceptible to END and, therefore, that ``the 
provisions of [the regulations] shall be applicable in relation to such 
birds in the same manner and to the same extent as such provisions are 
applicable in relation to poultry.'' This language is not needed in our 
proposal, because we clearly specify which requirements apply to birds, 
to poultry, or to both birds and poultry.

Task Force

    We are proposing to remove or replace all references to ``task 
force'' and ``Director of the Task Force'' in the regulations. In order 
to eradicate specific outbreaks of END, we have sometimes established 
task forces. However, because we do not always do so, the current 
regulations can be confusing.
    The only references to task forces in the current regulations are 
in Secs. 82.1 and 82.3 (a) and (b). Current Sec. 82.1 contains 
definitions of Director of the Task Force and Task Force. Current 
Sec. 82.1 also contains, in the definition of infected group, a 
requirement that the Director of the Task Force determine whether a 
flock or group of birds or poultry is infected with END. Paragraphs (a) 
and (b) of current Sec. 82.3 provide that the Director of the Task 
Force may determine: (1) Whether birds, poultry, and premises are 
infected with END; and (2) whether diagnostic tests are necessary to 
determine if the birds or poultry are infected.
    We propose to delete the definition of infected group from current 
Sec. 82.1 and, because APHIS conducts its END program under a 
memorandum of understanding with the States, to provide in proposed 
Sec. 82.2 that whether birds or poultry are infected with or exposed to 
END must be determined by either a Federal or a State veterinarian, 
rather than by the Director of the Task Force.

Basis for Determining Infection With END

    In Sec. 82.1 of the current regulations, the definition of infected 
group describes the methods that may be used to determine whether a 
flock or group of birds or poultry is infected with END. Footnotes to 
that definition describe these methods of determination in greater 
detail. In this document, we are proposing to delete the definition of 
infected group, to include the basis for determining whether birds or 
poultry are infected with END in proposed Sec. 82.2, and to describe 
more specifically the factors that will be considered in making that 
determination.
    We are proposing that the determination whether birds or poultry 
are infected with END would be based on one or more of the following 
factors: clinical evidence (signs, post-mortem lesions, and history of 
the occurrence of END); diagnostic tests; or epidemiological evidence 
(evaluation of clinical evidence and the degree of risk posed by the 
potential spread of END based on population and exposure factors, 
including evaluation of whether the birds and poultry have had the 
opportunity to be in contact with birds or poultry infected with END or 
with excrement from birds or poultry infected with END, or if they have 
shared feed or water with birds or poultry infected with END).

Basis for Determining Exposure to END

    Under the current and the proposed regulations, birds and poultry 
determined to be exposed to END, and certain articles related to those 
birds and poultry, are subject to certain prohibitions and restrictions 
regarding their interstate movement. We are proposing to set forth in 
proposed Sec. 82.2 more specific factors for determining exposure to 
END than those set forth in the definition of exposed group in 
Sec. 82.1 of the current regulations. The determination of whether 
birds and poultry are exposed to END would be made by either a Federal 
or a State veterinarian and would be based on an evaluation of all 
related circumstances, including: the proximity of the birds or poultry 
to birds or poultry infected with END, to excrement from birds or 
poultry infected with END, and to other material touched by birds or 
poultry infected with END; the number of birds or poultry infected with 
END to which the birds or poultry were exposed; the species involved; 
the virulence of the END to which the birds and poultry were exposed; 
and the length of time the birds or poultry were in contact with birds 
or poultry infected with END, and to material touched by birds and 
poultry infected with END. Birds or poultry determined to be exposed to 
END would continue to be treated as exposed unless they are 
subsequently determined to be infected with END or until either a 
Federal veterinarian or a State veterinarian finds them to be free of 
END, based on the factors used to determine that birds or poultry are 
infected with END.
    We are also proposing to include in Sec. 82.1 a definition of 
exposed that would read as follows:

    At risk of developing END because of association with birds or 
poultry infected with END, excrement from birds or poultry infected 
with END, or other material touched by birds or poultry infected 
with END, or because there is reason to believe that association has 
occurred with END or with vectors of END, as determined by either a 
Federal veterinarian or a State veterinarian.

Quarantines

    In current Sec. 82.3, we refer to the quarantining of ``premises'' 
containing birds and poultry that are infected with or have been 
exposed to END. However, elsewhere in the regulations, we refer to 
quarantined ``areas'' rather than premises. We believe this discrepancy 
in terms is confusing. The intent of the quarantine provisions in the 
current regulations is that areas to be quarantined may include 
premises, but are not limited to specific premises. In this proposed 
rule, we would clarify our intent by referring to quarantined areas, 
rather than quarantined premises. Also, rather than providing that 
premises where either infected or exposed birds or poultry exist will 
be quarantined, as in the current regulations, we are proposing to 
provide that any area where birds or poultry infected with END are 
located will be quarantined. We would delineate these areas in such a 
way that they would be sufficient, as determined by epidemiological 
evaluation, to include all known infected and exposed birds.
    Under Sec. 82.3 (a)(2) and (b)(3) of the current regulations, there 
are certain requirements that must be met before we will remove a 
quarantine. If we have quarantined premises because of infected birds 
and poultry, one of the requirements for removal of the quarantine is 
the destruction of all the birds and poultry on the premises where the 
infected birds or poultry are located. However, if we have quarantined 
premises because of the presence of exposed birds and poultry, the 
exposed birds and poultry do not have to be destroyed.
    Under Sec. 82.14 of the proposed regulations, all birds and poultry 
in an area quarantined because of the presence of birds or poultry 
infected with END would not have to be destroyed--rather, only those 
birds and poultry determined to be infected with END. Improved testing 
technology now makes it easier to determine which birds or poultry in a 
quarantined area are actually infected with END. Therefore, the total 
number of birds and poultry that would have to be destroyed could be 
lower than under the current regulations.

Interstate Movement of Various Articles

    Both the current regulations (Sec. 82.4) and the proposed 
regulations (Secs. 82.4 through 82.10) restrict the interstate movement 
of various articles, including birds and poultry, that could carry and 
spread the END virus. We are proposing not only to reorganize and 
rewrite this material to make it clearer and easier to follow, but we 
are also proposing to make substantive changes in the restrictions.
    Current Sec. 82.4 prohibits the interstate movement from any 
quarantined area of poultry and birds that are not being moved to a 
Federally inspected slaughtering establishment, and also prohibits the 
interstate movement from any quarantined area of hatching eggs, 
carcasses, parts of carcasses, and litter. We propose to replace this 
general prohibition with a list of specific articles prohibited from 
being moved interstate from a quarantined area (see proposed 
Sec. 82.4(a)). We propose to prohibit: (1) live birds and poultry 
infected with or exposed to END; (2) dead birds and dead poultry, 
including any parts of the birds and poultry, that are infected with 
END; (3) any eggs from birds or poultry infected with END; (4) hatching 
eggs from birds or poultry exposed to END; and (5) litter and manure 
from birds and poultry infected with END. This list does not include 
some articles that are prohibited under the current regulations--viz, 
carcasses and parts of carcasses of birds and poultry in a quarantined 
area that are not known to be infected with END, and hatching eggs from 
birds and poultry in a quarantined area that are not known to be either 
infected with or exposed to END. We believe that the restrictions we 
are proposing to place on the interstate movement of these articles 
from a quarantined area (discussed below) would allow them to be moved 
interstate without significant risk of spreading END.
    Additionally, we are proposing to specify in Sec. 82.4(c) that the 
regulations would not apply to the interstate movement of birds, 
poultry, and other articles from a quarantined area if the interstate 
movement is made by the United States Department of Agriculture for 
purposes of research or diagnosis. We believe this provision is 
necessary to allow the Department to efficiently diagnose an outbreak 
of END and to conduct research relating to END.

Interstate Movement of Live Birds

    The current regulations in Sec. 82.4(c) allow the interstate 
movement from quarantined areas of birds that are ``personal pets'' and 
that are not known to be infected with or exposed to any communicable 
disease of poultry. We are proposing to set forth these provisions in 
proposed Sec. 82.5(a), with several changes. The current regulations 
require in several places that the birds be in the owner's 
``possession'' or ``personal possession.'' We believe this wording does 
not clearly convey our intent. We do not consider it necessary for the 
birds to be in physical proximity to the owner at all times. Rather, we 
consider it necessary for the owner to be responsible for the location 
and disposition of the birds. Therefore, we are proposing to replace 
the terms ``possession'' and ``personal possession'' with the 
requirement that the birds be under the owner's ``ownership and 
control.''
    The current regulations require ``immediate'' notification of 
Federal or State officials if any pet birds that have been moved 
interstate from a quarantined area show signs of disease or die. We 
believe the term ``immediate'' might be confusing, and, therefore, are 
proposing that the notification be made within 24 hours of the bird's 
dying or showing clinical signs of sickness. We believe that 24 hours 
allows a reasonable period of time for notification, without creating a 
significant risk that the disease will spread during that period.

Interstate Movement of Live Poultry

    The current regulations restrict the interstate movement of live 
poultry from a quarantined area (see current Sec. 82.4(a)), and require 
that they be moved to a Federally inspected slaughtering establishment 
for ``immediate'' slaughter. We are proposing to amend these 
requirements (see proposed Sec. 82.5) to extend this provision to birds 
as well as poultry. While in most cases birds other than poultry would 
not be moved to slaughter, such movement could occur in the case of 
ratites (e.g., ostriches), which can be used commercially after 
slaughter.
    We are also proposing to require that the birds or poultry be 
accompanied by a permit and be slaughtered within 24 hours of arrival 
at the recognized slaughtering establishment. Shipments of poultry 
normally arrive at slaughtering facilities at night or early in the 
morning. (Currently, birds other than poultry are not being shipped to 
slaughter.) They are kept under cover until the facility can handle 
them in turn. We believe that 24 hours provides the facility with a 
reasonable amount of time to slaughter birds or poultry moved there, 
without posing a significant risk of disease spread. Allowing a 
lengthier period of time before slaughter would unnecessarily increase 
the risk of END contamination of personnel and equipment at the 
slaughtering establishment, and thus increase the risk that END would 
be carried outside the establishment.
    We are also proposing to require that the shipment of birds or 
poultry be covered in such a way so as to prevent feathers and other 
debris from blowing or falling off the means of conveyance. 
Additionally, we are proposing to require that, except for emergencies, 
the birds and poultry not be unloaded until arrival at the destination 
listed on the permit. We would consider events such as accidents, 
vehicular failure, or natural disasters to be emergencies. We believe 
that each of these provisions is necessary to guard against the 
possibility of disease spread while the birds or poultry are being 
transported.

Interstate Movement of Dead Birds and Dead Poultry

    The current regulations in Sec. 82.4 prohibit the interstate 
movement from a quarantined area of carcasses and parts of carcasses of 
birds and poultry, including birds and poultry that are not known to be 
infected with END. We believe that this provision is unnecessarily 
restrictive, and that carcasses and parts of carcasses of birds and 
poultry not known to be infected with END can be moved interstate under 
certain conditions without an undue risk of disease spread. We are 
therefore proposing to allow such movement, as described below.
    As noted in the preceding paragraph, the current regulations refer 
to ``carcasses and parts of carcasses.'' We believe that the term 
``carcasses'' might give the impression that only dressed carcasses are 
being referred to, such as those handled at slaughtering 
establishments. In some cases in this proposed rule, that is what we 
are referring to. In other cases, however, we are referring to any dead 
birds or poultry, whether they have been dressed or not.
    To avoid confusion as to what we are referring to, in this proposed 
rule we use the wording ``dead birds and dead poultry, including any 
parts of the dead birds and dead poultry,'' when all dead birds and 
dead poultry, including dressed carcasses, are being referred to. We 
use the term ``dressed carcasses'' when the intent is to limit the 
provisions to birds and poultry that have been eviscerated, with heads 
and feet removed.
    To be moved interstate, dead birds and dead poultry that are not 
known to be infected with END and that are intended for disposal, 
including any parts of the dead birds and dead poultry, would have to 
be accompanied by a permit, the dead birds and dead poultry would have 
to be covered in such a way as to prevent feathers and other debris 
from blowing or falling off the means of conveyance, and the dead birds 
and dead poultry would have to be either moved under official seal or 
accompanied by a Federal representative. Official seal would be defined 
in Sec. 82.1 as a serially numbered metal or plastic strip, consisting 
of a self-locking device on one end and a slot on the other end, that 
forms a loop when the ends are engaged and that cannot be reused if 
opened, or a serially numbered, self-locking button that can be used 
for this purpose.
    The proposed regulations would not allow the unloading of the dead 
birds and dead poultry until their arrival at the destination listed on 
the permit, and the dead birds and dead poultry would have to be moved 
to the destination listed on the permit without any stops, except for 
normal traffic conditions. The dead birds and dead poultry would have 
to be disposed of by rendering, incineration, composting, burial, or 
other methods approved by the Administrator as being adequate to 
prevent the dissemination of END, within 24 hours of the loading for 
shipment of the birds and poultry. A copy of the permit that 
accompanied the dead birds and dead poultry interstate would have to be 
submitted so that it is received by both the State animal health 
official and the Veterinarian in Charge in the State of destination 
within 72 hours of the arrival of the dead birds and dead poultry at 
the destination listed on the permit.
    The requirements for the interstate movement of dressed carcasses 
would be largely the same as those for the interstate movement of other 
dead birds and dead poultry, with the following differences: (1) The 
dressed carcasses would have to be from birds and poultry slaughtered 
in a recognized slaughtering establishment; (2) the requirement that 
the means of conveyance be covered so as to prevent feathers and other 
debris from blowing or falling off would not apply to dressed 
carcasses; and (3) the disposal requirements described above for other 
dead birds and dead poultry would not apply to dressed carcasses, which 
are intended for consumption.

Interstate Movement of Manure and Litter

    Current Sec. 82.4(e) provides for the interstate movement from a 
quarantined area of manure from poultry or birds that are not known to 
be infected with END. These provisions include requirements for heating 
the manure and sealing it in an airtight container. Current 
Sec. 82.4(e) also requires the submission to a Federal inspector of a 
declaration that provides information regarding the shipment of manure. 
We are proposing to retain the requirements of current Sec. 82.4(e), 
and to set them forth in proposed Sec. 82.7, with several changes.
    First, we would extend the provisions that currently apply to 
shipments of manure to include litter as well. In proposed Sec. 82.1, 
we would define litter as ``material that is used to collect and absorb 
bodily wastes from birds or poultry.'' This material, which commonly 
consists of wood shavings or a similar material, cannot be easily 
separated from the bodily wastes. Second, we would require that 
shipments of manure and litter be accompanied by a permit.

Interstate Movement of Hatching Eggs

    The current regulations in Sec. 82.4 prohibit the interstate 
movement of hatching eggs from quarantined areas, except for specific 
movements allowed by APHIS upon request and under special conditions. 
We believe, however, that it is possible to establish general 
conditions under which hatching eggs from birds and poultry not known 
to be infected with or exposed to END can be moved interstate from a 
quarantined area without a significant risk of spreading END. Under 
these conditions, set forth in proposed Sec. 82.9, the hatching eggs 
would have to be accompanied interstate by a permit. The proposed 
regulations would require that a copy of the permit be submitted so 
that it is received by both the State animal health official and the 
Veterinarian in charge for the State of destination within 72 hours of 
the arrival of the hatching eggs at premises designated jointly by the 
Veterinarian in charge and the State animal health official. The 
hatching eggs would have to be held at this designated premises from 
the time of arrival until hatched, and the birds and poultry from the 
hatching eggs would have to remain at the designated premises for not 
less than 30 days following hatching. During this holding period, the 
eggs and any birds or poultry hatched from the eggs would be subject to 
any inspections, disinfections, and tests as may be required by the 
Administrator to determine their freedom from END.

Interstate Movement of Eggs Other Than Hatching Eggs

    The regulations currently require table eggs to be washed and 
sanitized for processing before they are moved interstate from an area 
quarantined because of END. (See current Sec. 82.4(b).) We propose to 
clarify this requirement in several ways. First, we propose in proposed 
Sec. 82.8 to amend the requirement so that it refers to eggs, other 
than hatching eggs, from birds and poultry in a quarantined area that 
are not known to be infected with END. Second, we propose to require 
that the eggs be cleaned and sanitized in accordance with regulations 
issued by the Agricultural Marketing Service, as set forth in 7 CFR 
part 59. These provisions are clearer and more specific than our 
current requirement that the eggs be ``washed and sanitized.'' They are 
the industry standard for cleaning eggs, and are suitable for eggs from 
quarantined areas. Also, the provisions in 7 CFR part 59 include a 
requirement that the eggs be sanitized using a solution containing 
available chlorine of between 100 and 200 ppm. This solution would kill 
any END virus.
    We would also require that the eggs that are being moved be packed 
either in flats or cases that have not been used before, or used 
plastic flats or cases that were cleaned and disinfected, since last 
being used, in accordance with the cleaning and disinfection provisions 
set forth in 9 CFR part 71. Additionally, we are proposing to require 
that any containers intended for reuse after arriving at a facility be 
cleaned and sanitized before being returned to premises where birds or 
poultry are kept.

Interstate Movement of Equipment

    Current Sec. 82.4(d) allows the movement of metal and hard plastic 
coops interstate from a quarantined area if those items are first 
cleaned and disinfected under the supervision of a Federal or State 
inspector. Based on our experience enforcing the regulations, we 
believe it is necessary to enhance our monitoring and tracking 
capabilities by expanding the criteria that would have to be met before 
metal and hard plastic coops may be moved interstate from a quarantined 
area. We would set forth these criteria in proposed Sec. 82.10. 
Additionally, in proposed Sec. 82.10 we would extend these requirements 
to cages, containers, troughs, vehicles, and other equipment used for 
birds, poultry, eggs, manure, and litter from a quarantined area. These 
items can be cleaned and disinfected to destroy the END virus as 
effectively as can metal and hard plastic coops, using the same 
cleaning and disinfecting methods. For such items to be moved 
interstate, they would have to be accompanied by a permit; they would 
have to be cleaned and disinfected in accordance with 9 CFR part 71; 
the equipment would have to be inspected by a Federal or State 
representative after it was cleaned but before it was disinfected; and 
it would have to be disinfected in the presence of a Federal or State 
representative with a disinfectant listed in 9 CFR part 71.
    We are proposing to add like requirements for cleaning and 
disinfecting these items after they have been used to move birds, 
poultry, eggs, manure, or litter interstate from a quarantined area. 
Proposed Sec. 82.10(b)(1) would require that the equipment be cleaned 
and disinfected at the place where it is unloaded or otherwise used, 
within 2 hours after unloading or use. This 2 hour time limit is 
proposed to provide a person with a reasonable time in which to 
complete the cleaning and disinfection. We recognize that in some cases 
such locations may not have the facilities necessary to readily carry 
out the required cleaning and disinfection. Therefore, we would provide 
in proposed Sec. 82.10(d), that if the place where cleaning and 
disinfection would otherwise be required has no facilities for cleaning 
and disinfecting, the items may be moved to a place where facilities 
are available for cleaning and disinfection, provided a Federal 
representative or State representative has determined that such 
movement would not cause a risk of the spread of END.
    Under our proposal, the requirements described in the preceding 
paragraph would not apply to equipment used by or to move pet birds 
moved interstate. We believe that the proposed conditions governing the 
movement of pet birds interstate would be adequate to ensure that the 
pet birds so moved pose an insignificant risk of being infected with 
END.

Other Interstate Movements

    The current regulations provide, at Sec. 82.4(f), that the Deputy 
Administrator may allow, under special conditions, the interstate 
movement of any poultry not known to be infected with END, even if they 
could not otherwise be moved under the regulations. However, the 
current regulations do not allow for similar movement of articles other 
than poultry. We believe that the regulations should allow for the 
movement of articles other than poultry that could be moved without 
risk of spreading END, but that would otherwise be prohibited movement 
under the regulations. Therefore, we are proposing to expand this 
provision to provide for the interstate movement of any restricted 
articles, if the Administrator determines that the articles can be 
moved without spreading END. (See proposed Sec. 82.12. See also 
discussion in this document under ``Internal Agency Policy.'') For 
these articles to be moved interstate, they would have to be 
accompanied by a special permit, as we explain below under the heading 
``Permits and Special Permits.''
    Current Sec. 82.4(f) also contains material pertaining to agency 
management that the Administrative Procedure Act does not require us to 
publish in our regulations. We are therefore proposing to delete the 
statement that the Deputy Administrator will notify State officials 
when a permit is granted.

Removal of Quarantines

    The current regulations (current Sec. 82.3(a)(2)(i)) require the 
disposal of all birds and poultry in the quarantined area that are 
infected with END, before we will remove the quarantine. In proposed 
Sec. 82.14, we are proposing that all infected birds in the quarantined 
area that have been euthanized, and any other birds and poultry that 
died of any other cause other than slaughter, must be disposed of by 
specified means. This would help ensure that the carcasses of all birds 
and poultry infected with END, whether the birds and poultry were 
euthanized or died of the disease itself, are disposed of in such a way 
as to prevent the dissemination of END.
    Current Sec. 82.3 requires that the carcasses of the birds and 
poultry be destroyed, buried, incinerated, or otherwise properly 
disposed of as the Deputy Administrator may direct. We are proposing to 
make several changes in this requirement. First, we are proposing to 
allow rendering or composting of the dead birds and poultry. Both 
rendering and composting destroy the END virus. Second, we are 
proposing to delete the words ``otherwise properly disposed of as the 
Deputy Administrator may direct.'' The exact meaning of this phrase is 
not clear. Under the proposed regulations, if a person wants to dispose 
of dead birds or poultry, manure, or eggs from infected birds or 
poultry by using a method the regulations do not allow, the person may 
be able to obtain a special permit to do so. (See ``Permits and Special 
Permits'' below, regarding proposed Sec. 82.12.)
    The current regulations do not include any requirements for 
disposing of eggs, manure, and litter from infected and exposed birds 
and poultry before we remove a quarantine. However, each of these items 
can potentially spread END. Therefore, we are proposing to amend the 
regulations to ensure that these possible sources of END infection are 
eliminated before we remove a quarantine. In proposed Sec. 82.14(d), we 
would require either the burial, reduction to ashes by incineration, or 
rendering of all eggs from birds and poultry infected with or exposed 
to END. In proposed Sec. 82.14(e), we would require that all manure and 
litter from birds and poultry infected with or exposed to END be 
buried, reduced to ashes by incineration, composted, or spread on a 
field and turned under. All of these methods of disposing of eggs, 
manure, and litter would destroy the END virus.
    We are proposing to add specific requirements to the regulations 
for the disposal of articles by burial, composting, or spreading and 
turning under. As noted above, burial would be an option for the 
disposal of birds, poultry, eggs, manure, and litter. If burial is used 
for disposal, it would have to be done in the quarantined area in a 
location that meets all United States Environmental Protection Agency, 
State, and local requirements for landfills. The articles would have to 
be buried at least 6 feet deep and covered at the time of burial with 
soil. Requiring burial at least 6 feet deep would prevent most 
burrowing animals from coming in contact with the buried material.
    Composting would be an option for the disposal of birds and poultry 
infected with END, and for the disposal of manure produced by and 
litter used by birds or poultry infected with or exposed to END. 
Because of the difference in the nature of the material being 
composted, the procedures for composting birds and poultry would differ 
from those for composting manure and litter.
    To compost dead birds and poultry infected with END, the procedures 
set forth in Sec. 82.14(c)(2) of this proposed rule would have to be 
followed. These procedures would require the creation of a layered 
mixture consisting of manure cake (litter and manure); a carbon source 
such as straw, peanut hulls, or wood chips; and the birds or poultry. 
The mixture would need to sit for two 30-day heating cycles, during 
which its internal temperature would need to reach at least 140 deg. F 
(to kill fly larvae and disease organisms). After the first 30-day 
heating cycle, the compost pile would have to be turned over and 
aerated, to provide the oxygen necessary for the composting bacteria. 
Following the second 30-day heating cycle, the mixture would need to be 
covered with a material that will prevent penetration of air and 
moisture for an additional 30-day period. The compost pile would have 
to be at least 50 yards from any building or pen where poultry or birds 
are housed, to guard against wind-borne transmission of material that 
might be contaminated with END, and would have to be inaccessible to 
any poultry and birds. This requirement would also be applied to 
disposal of manure and litter by spreading and turning under.
    To compost manure and litter, the procedures set forth in 
Sec. 82.14(e)(2) would have to be followed. The manure and litter would 
have to be placed in rows 3 to 5 feet high and 5 to 10 feet at the 
base, be kept moist, and be kept covered. The internal temperature of 
the compost pile would need to rise to at least 140 deg. F, and the 
manure or litter would have to be mixed every 10 to 15 days, in order 
to provide sufficient oxygen to the composting bacteria. The composted 
manure or litter could not be utilized for at least 30 days from the 
time the 140 deg. F temperature is reached.
    Spreading and turning under would be an option only for the 
disposal of manure and litter. If the manure and litter is spread on a 
field and turned under, the field would have to be in the quarantined 
area. The manure and litter would have to be turned over within 24 
hours of being spread on the field, and be left undisturbed for at 
least 30 days after being turned under, to ensure that the END virus 
has become inactive. We believe a 24-hour time period for turning the 
manure and litter over would be short enough to guard against 
transmission of the END virus, while providing a practicable amount of 
time for completing the process of turning under.
    The current regulations do not require cleaning and disinfection of 
cages, equipment, or similar articles that have been used for END-
infected birds and poultry. Since cages and other equipment that have 
been used to handle infected birds and poultry could spread END, we are 
proposing in proposed Sec. 82.14(g) that, as a condition of removal of 
a quarantine, all cages, coops, containers, troughs, and other 
equipment used for birds or poultry infected with or exposed to END, or 
their excrement or litter, must either be reduced to ashes by 
incineration, or be cleaned and disinfected in accordance with 9 CFR 
part 71. If cleaning and disinfection is chosen, it would be required 
that the articles be inspected after cleaning, and before disinfection, 
by a Federal or State representative, and then be disinfected in the 
presence of a Federal or State representative. It would be required 
that a disinfectant listed in 9 CFR part 71 be used. The same cleaning 
and disinfecting procedures would be required for premises where birds 
or poultry infected with or exposed to END were located, to prevent the 
transmission of END from the premises to birds or poultry.

Miscellaneous

    Footnote 6 to current Sec. 82.4 states that we will give pet bird 
owners a copy of the agreement they sign and that it will contain the 
names and addresses of Federal and State officials in the State where 
they are taking their pet birds. This footnote also states that we will 
notify State officials in that State that the pet birds are being 
brought into that State. None of this material is necessary as part of 
the regulations. Addresses of Federal and State officials are available 
in local telephone directories. Because the statement that we will 
notify State officials relates to agency management, the Administrative 
Procedure Act does not require us to publish it in our regulations. We 
are therefore proposing to delete this material.
    We are proposing to delete current Sec. 82.6, which, among other 
things, requires the banding of certain psittacine birds moved 
interstate from California. On March 16, 1982, we published an interim 
rule in the Federal Register (47 FR 11243-11246, Docket No. 82-019), 
amending the regulations to add Sec. 82.6. Then, on April 20, 1982, we 
published another interim rule in the Federal Register (47 FR 16772-
16773, Docket No. 82-037) suspending the section until further notice. 
The reason for suspending the section was that we could not provide 
necessary inspection services. Although this section has been inactive 
since April 20, 1982, it has continued to appear in the Code of Federal 
Regulations. We believe this is confusing. In addition, we are still 
not able to provide the inspection services required by Sec. 82.6. 
Therefore, we are proposing to delete this section.

Changes Affecting Both the END and the Chlamydiosis Regulations

    Certain of the substantive changes we are proposing to current part 
82, subpart A, apply to both the END and the chlamydiosis regulations. 
We discuss these proposed changes in the following paragraphs.

Permits and Special Permits

    The current regulations in part 82, subpart A, regarding both END 
and psittacosis/ornithosis (chlamydiosis), do not require a permit for 
the interstate movement of restricted items, if the items are moved in 
accordance with the regulations. We are proposing to require that a 
permit accompany such movements (provisions regarding the issuance of 
permits are set forth in proposed Secs. 82.11 and 82.23), and that a 
copy of the permit be received by the State animal health official and 
the Veterinarian in charge for the State of destination within 72 hours 
of the arrival of the shipment at the destination listed on the permit.
    An application for a permit would have to include: (1) The 
applicant's name and mailing address; (2) the name and mailing address 
of the person who would receive the birds, poultry, or other items; (3) 
the addresses of both the origin and destination of the shipment; (4) 
the number and types of birds, poultry, and other items intended for 
interstate movement; and (5) the reason for interstate movement.
    In the case of interstate movement under the END regulations, the 
applicant for a permit would also be required to submit a declaration 
or affidavit listing the requirements in the regulations for interstate 
movement of the items in question, and stating that the applicant will 
move the items interstate only if all of the listed requirements are 
met (Sec. 82.11(b)). This declaration or affidavit would help us 
determine whether to issue a permit, by demonstrating whether the 
applicant has the knowledge of the regulations necessary to comply with 
them. Due to the highly infectious nature of END and the high rate of 
mortality it causes among birds and poultry, we consider such knowledge 
a critical condition for the issuance of a permit.
    We are also proposing in both the END and the chlamydiosis 
regulations to provide for special permits for the movement of 
restricted items interstate in any way or to any destination the 
regulations do not otherwise allow. Special permits would be issued in 
those relatively infrequent occasions when articles could be moved 
without the risk of disease spread under safeguards that are not 
specifically provided for in the regulations. As with permits, in the 
case of interstate movements, a copy of the special permit would have 
to be received by both the State animal health official and the 
Veterinarian in charge for the State of destination within 72 hours of 
the arrival of the shipment at the destination listed on the special 
permit. A special permit would also be required for the disposal of 
items and the cleaning and disinfection of items, vehicles, and 
premises using a method not provided in the regulations. (Provisions 
regarding the issuance of special permits are set forth in proposed 
Secs. 82.12 and 82.24.) We need to have information in our files 
showing when, where, and what restricted items are being moved 
interstate. We also need to have information in our files showing what 
items have been destroyed, or cleaned and disinfected, and the method 
used. This information is important in helping us trace disease 
outbreaks to their source and to enforce the regulations.
    In connection with the proposed permit requirements, we are 
proposing regulations that would allow us to deny an application for a 
permit or special permit and to withdraw a permit or special permit 
after we have issued it. (See proposed Secs. 82.13, and 82.25.) The 
Administrator could deny an application if he or she determines that 
the applicant is not complying with or could not comply with the 
regulations or any special conditions needed to prevent the 
dissemination of END or chlamydiosis, or, in the case of a special 
permit, that it is not required under the regulations.
    Under the proposed regulations, the Administrator may withdraw a 
permit or special permit, orally or in writing, if he or she determines 
the person to whom the permit or special permit has been issued is 
violating either the regulations or some condition specified in the 
permit or special permit. The Administrator could withdraw the permit 
or special permit without advance notice if he or she determines that 
the public health, interest, or safety is threatened. The Administrator 
would then provide reasons in writing why he or she denied or withdrew 
the permit or special permit. The proposed provisions would also 
provide for an appeals process. In cases where there was a conflict as 
to any material fact, the person denied the permit or special permit, 
or from whom a permit or special permit is withdrawn, would be given an 
opportunity for a hearing with respect to the merits or validity of the 
denial or withdrawal.

Cleaning and Disinfection

    The current regulations regarding both END and chlamydiosis also 
require the cleaning and disinfection of vehicles, premises, and 
accessories for various reasons. (See current Secs. 82.3(a)(2)(ii), 
82.4(d), and 82.5.) We propose to make several changes in all of these 
regulations. (See proposed Secs. 82.10, 82.14, 82.21, and 82.22.)
    First, we propose to replace the word ``accessories,'' wherever it 
is used, with the word ``equipment.'' We believe ``equipment'' is 
clearer.
    Second, we are proposing to clarify which functions may be carried 
out by an accredited veterinarian. The current regulations have two 
provisions concerning cleaning and disinfecting of vehicles, premises, 
and equipment for END that specify who must supervise the work. (See 
current Secs. 82.4(d) and 82.5(a).) Section 82.4(d) states that a 
Federal or State inspector must supervise. Section 82.5(a) states that 
a Federal or State inspector, or an accredited veterinarian, must 
supervise. There is no reason why these requirements should be 
different. END is not endemic to the United States. Should an outbreak 
occur, we and the States involved will handle it as an emergency, and 
send all needed personnel to the scene. Therefore, we are proposing to 
amend the requirements to provide that only a Federal or State 
representative may supervise cleaning and disinfection with regard to 
END. (See proposed Secs. 82.10(c) and 82.14 (f), (g), and (h).)
    It should be noted that there are similar regulations concerning 
cleaning and disinfecting for chlamydiosis. These regulations currently 
provide that a Federal or State inspector, or an accredited 
veterinarian, supervise cleaning and disinfecting. (See current 
Secs. 82.5 (a), (b), and (c).) This difference between the END 
regulations and the chlamydiosis regulations exists because 
chlamydiosis occurs sporadically in the United States, and we handle 
outbreaks on a routine basis. This type of program may require that a 
great number of personnel be available throughout the country. 
Therefore, to ensure that personnel are available when and where they 
are needed, we provide in the proposed regulations that accredited 
veterinarians, as well as Federal representatives and State 
representatives, may supervise cleaning and disinfecting for 
chlamydiosis. The proposed regulations clarify what is meant by 
``supervise,'' as discussed in the following paragraph, but do not 
change who can perform the work.
    The current regulations require a Federal or State representative 
(or, in the case of psittacosis/ornithosis (chlamydiosis), an 
accredited veterinarian) to ``supervise'' cleaning and disinfecting. It 
is not clear what ``supervise'' means. We believe that requiring a 
Federal or State representative (or, in the case of chlamydiosis, an 
accredited veterinarian) to inspect vehicles, premises, and equipment 
after they are cleaned, and to be present while they are disinfected, 
would ensure that the cleaning and disinfecting are thorough and, 
therefore, effective. Accordingly, we are including such provisions in 
the proposed regulations, instead of using the term ``supervise.''

Definitions

    We are also proposing to revise the list of definitions that apply 
to current subpart A of part 82 (current Sec. 82.1; proposed Sec. 82.1 
for proposed subpart A, END; and proposed 82.19 for proposed subpart B, 
chlamydiosis). We are proposing to revise some of the existing 
definitions to make them clearer and more exact. We are also proposing 
to remove some existing definitions and to add some new definitions to 
the definitions already existing in current subpart A. This is 
necessary because the terms we use in the proposed regulations are not 
all the same as the terms in the current regulations.
    We are proposing to remove the definitions of: Director of the task 
force, Deputy Administrator, exposed group, Federal inspector, infected 
group, psittacosis or ornithosis, State inspector, and Task Force. In 
addition to the terms in current subpart A, except as noted above, we 
are proposing to include in proposed Sec. 82.1 definitions of: 
Administrator, Animal and Plant Health Inspection Service (APHIS), 
dressed carcasses, exposed, Federal representative, Federal 
veterinarian, hatching eggs, infected, known to be exposed, known to be 
infected, litter, official seal, recognized slaughtering establishment, 
render, State representative, and State veterinarian. In addition to 
those terms already defined in current Sec. 82.1 for use in the 
psittacosis/ornithosis regulations, we are proposing to include in 
proposed Sec. 82.19 definitions of: Administrator, Animal and Plant 
Health Inspection Service (APHIS), chlamydiosis, Federal 
representative, Federal veterinarian, infected, and State 
representative.

Internal Agency Policy

    Also, in order to reflect internal agency policy, we refer in this 
proposal to the ``Administrator'' when discussing functions ascribed to 
the ``Deputy Administrator'' in the current regulations. For the same 
reason, we have replaced the term ``Veterinary Services'' in this 
proposal with the term ``Animal and Plant Health Inspection Service.''

Obtaining Information

    The current regulations indicate in various places how to obtain 
forms, information, and help. In some cases, the names, addresses, or 
locations given are incorrect. We are therefore proposing to update 
these references, as necessary, to include the correct names, 
addresses, and locations.

Part 53

    Part 53 of Title 9, Code of Federal Regulations, concerns, among 
other things, the payment of indemnity for poultry and materials 
destroyed because of contamination by or exposure to END. The 
definition of disease in 9 CFR 53.1 refers to exotic Newcastle disease 
as ``presently existing in the States of California, Florida, New 
Mexico, and Texas.'' This reference is outdated. Currently END is not 
known to exist in any State. Therefore, we are proposing to revise the 
definition of disease in Sec. 53.1 to remove this reference.
    The definition of disease in Sec. 53.1 also refers to ``lethal 
avian influenza (a disease of poultry caused by any form of H5 
influenza virus that has been determined by the Administrator to have 
spread from the 1983 outbreak in poultry in Pennsylvania).'' This 
description is outdated, and we are proposing to replace it with a 
description that reflects current understanding of the disease. We 
would replace the reference to ``lethal avian influenza'' with a 
reference to ``highly pathogenic avian influenza'' and would describe 
the disease as that caused by any influenza virus that results in not 
less than 75 percent mortality within 8 days in at least 8 healthy 
susceptible chickens, 4 to 8 weeks old, inoculated by the 
intramuscular, intravenous, or caudal airsac route with bacteria-free 
infectious allantoic or cell culture fluids.
    We would also revise the definitions of person and State in 
Sec. 53.1 to clarify our intent as to their meaning, and make 
nonsubstantive wording and format changes to the remainder of the 
definitions.
    Finally, we would eliminate an unnecessary cross reference in 
Sec. 53.2(b).

Part 71

    Part 71 of Title 9, Code of Federal Regulations, contains general 
provisions regarding the interstate transportation of animals and 
animal products. The regulations in Part 71 contain a reference to 
psittacosis or ornithosis. We are proposing to amend this reference to 
use the updated name for the disease: chlamydiosis.
    Part 71 also contains regulations concerning cleaning and 
disinfecting. Section 71.7 explains methods of cleaning and 
disinfecting means of conveyance, facilities, and premises. Section 
71.10(a) lists ``substances permitted for use in disinfecting cars, 
boats, other vehicles, and premises.'' Neither of these sections covers 
cages, coops, containers, troughs, and other equipment, although the 
cleaning and disinfectants listed are suitable and effective for 
cleaning and disinfecting them. The current regulations in part 82 
(Secs. 82.4(d), 82.5(b), and 82.5(c)) require coops, containers, 
troughs, and other ``accessories'' to be cleaned and disinfected with a 
disinfectant listed in Sec. 71.10. We propose to retain this reference 
to part 71. Therefore, we are proposing to amend Sec. 71.10 to state 
that the disinfectants listed in that section can be used on cages and 
other equipment. We are also proposing to amend the cleaning and 
disinfection instructions in Sec. 71.7 to cover cages and other 
equipment.

Part 92

    Part 92 of Title 9, Code of Federal Regulations, contains 
requirements for the importation of certain animals into the United 
States. Part 92 contains references to ornithosis. We are proposing to 
amend those references to use the updated name for the disease: 
chlamydiosis.
    Also, the current heading for part 92 reads as follows: 
``Importation of Certain Animals and Poultry and Certain Animal and 
Poultry Products; Inspection and other Requirements for Certain Means 
of Conveyance and Shipping Containers Thereon.'' We are proposing to 
amend this heading to reflect the fact that part 92 also deals with the 
importation of birds, and to remove excess wording. As amended, the 
heading for part 92 would read as follows: ``Importation of Certain 
Animals, Birds, and Poultry, and Certain Animal, Bird, and Poultry 
Products; Requirements for Means of Conveyance and Shipping 
Containers.''

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 purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial 
Regulatory Flexibility Analysis regarding the impact of this proposed 
rule on small entities. This proposed action may have a significant 
economic impact on a substantial number of small entities. However, we 
do not currently have all the data necessary for a comprehensive 
analysis of the effects of this rule on small entities. Therefore, we 
are inviting comments concerning potential impacts. In particular, we 
are interested in determining the number and kind of small entities 
that may incur benefits or costs from implementation of this proposed 
rule.

Regulatory Authority

    In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and 
134a, the Secretary of Agriculture has the authority to promulgate 
regulations and take measures to prevent the introduction into the 
United States and the interstate dissemination within the United States 
of communicable diseases of livestock and poultry, and to pay claims 
growing out of the destruction of animals. Animal health regulations 
promulgated by the Department under this authority include those 
regarding END and chlamydiosis in 9 CFR part 82, and those regarding 
payment of claims in 9 CFR part 53.
Background

Chlamydiosis

    Sporadic outbreaks of chlamydiosis in commercial poultry flocks 
have occurred in the United States over the past decade. APHIS, working 
with State cooperators, has successfully eliminated chlamydiosis on 
each occasion. This proposed rule includes only minor changes related 
to chlamydiosis, specifically the addition of a requirement for a 
permit or special permit to move certain items interstate. We believe 
that these documents are necessary to allow the Department to better 
monitor the interstate movement of the items moved. However, the 
economic impact from these requirements would be negligible.

Statement of Need for Regulatory Changes Regarding END

    From the time the southern California END emergency eradication 
program reached its successful conclusion in 1974 (see discussion 
below), the U.S. poultry and egg industries have become increasingly 
vertically integrated. This vertical integration has led to further 
concentration of poultry and egg production in specific geographic 
regions of the United States. With large numbers of poultry facilities 
operating in close proximity to each other, there is an increased 
opportunity for another major END outbreak. Current END regulations 
were drafted prior to the increased level of industry concentration, 
and we believe they require revisions to reflect the changes that have 
taken place. Current value of the domestic poultry and egg industry is 
estimated to be approximately $14.9 billion. Therefore, we believe the 
proposed changes to the existing END regulations are necessary due to 
the dynamic nature of the disease and its continued potential to 
devastate an important sector of U.S. agriculture.
    Exotic birds are capable of transmitting the END virus to 
commercial poultry and egg flocks. Under current provisions, APHIS 
routinely euthanizes entire shipments of imported birds when the END 
virus is detected. In the past two decades, the domestic exotic bird 
industry has changed. Domestic production has intensified for those 
exotic species that can be readily bred in captivity. Legal importation 
annually supplies the U.S. bird market with a significant number of 
exotic species. The estimated value of this industry ranges between 
$300,000 to $500,000 annually. The actual value of the exotic bird 
industry would be much higher if the value of smuggled shipments could 
be included in the total. Illegal importation of exotic bird species 
continues to be an avenue for the introduction of END into the United 
States.

Proposed Rule Changes to END Regulations

    In the absence of an END outbreak, the proposed regulatory changes 
would have a negligible impact on the domestic poultry and exotic bird 
industries. Proposed END revisions would strengthen APHIS's ability to 
prevent the interstate spread of END in the event of a domestic 
outbreak, and in some cases relieve certain restrictions. The proposed 
changes include new requirements for removing an area from quarantine; 
specific provisions for moving pet birds that are not known to be 
infected with or exposed to END out of a quarantined area; new 
provisions regarding the interstate movement of manure and litter from 
a quarantined area; and new provisions regarding the interstate 
movement of cages, coops, and equipment from a quarantined area. A 
brief overview of the proposed END regulations is as follows:
    1. Interstate movement from a quarantined area would be prohibited 
for each of the following: 1) live birds and poultry infected with or 
exposed to END; 2) eggs from birds or poultry infected with END; 3) 
hatching eggs from birds or poultry exposed to END; 4) litter used by 
or manure generated by birds and poultry infected with END; and 5) dead 
birds and poultry, including any parts of the birds and poultry, 
infected with END.
    2. An area would be removed from quarantine when all: 1) birds and 
poultry infected with END in the quarantined area have been euthanized 
and all dead birds and poultry within the quarantined area have been 
buried, reduced to ashes by incineration, reduced to dust by 
composting, or rendered; 2) birds and poultry exposed to END have been 
found to be free of END: 3) eggs produced by birds or poultry infected 
with or exposed to END in the quarantined area have been buried, 
reduced to ashes by incineration, or rendered; 4) manure produced by or 
litter used by birds or poultry infected with or exposed to END in the 
quarantined area has been reduced to ashes by incineration, or has been 
buried, composted, or spread on a field and turned under; 5) vehicles 
with which birds and poultry infected with or exposed to END or their 
excrement or litter have had physical contact have been cleaned and 
disinfected; 6) cages, coops, containers, troughs, and other equipment 
used for birds or poultry infected with or exposed to END, or their 
excrement or litter, have been reduced to ashes by incineration or have 
been cleaned and disinfected in accordance with 9 CFR part 71; and 7) 
the premises where birds or poultry infected with or exposed to END 
were located have been cleaned and disinfected in accordance with 9 CFR 
part 71.
    3. Replacement birds and poultry would not be allowed to be placed 
in quarantined areas until the Administrator decides that END has been 
eradicated and that replacement birds and poultry would not become 
infected with END.
    4. Eggs, other than hatching eggs, from birds and poultry not known 
to be infected with END could be moved interstate from a quarantined 
area under the following conditions: 1) a permit has been obtained and 
the eggs are accompanied by the permit; 2) the eggs have been cleaned 
and sanitized in accordance with 7 CFR part 59; 3) the eggs are packed 
either in flats or cases that have not been used before, or in used 
plastic flats or cases that were first cleaned and sanitized in 
accordance with 9 CFR part 71, and any of the flats and cases intended 
for reuse are cleaned and sanitized in accordance with 9 CFR part 71 
before being moved to a premises where birds or poultry are kept; 4) 
the eggs are moved interstate to a processing facility where they are 
inspected to ensure they are cleaned and sanitized; and 5) a copy of 
the permit is submitted to the State animal health official and the 
Veterinarian in charge for the State of destination.
    5. Hatching eggs from birds and poultry not known to be infected 
with or exposed to END could be moved interstate from a quarantined 
area under the following conditions: 1) a permit is obtained and the 
hatching eggs are accompanied by the permit; 2) birds or poultry from 
the eggs are held in the State of destination for not less than 30 days 
after hatching, at a premises designated jointly by the Veterinarian in 
Charge and the State animal health official; and 3) a copy of the 
permit accompanying the hatching eggs is submitted so that it is 
received by both the State animal health official and the Veterinarian 
in charge for the State of destination within 72 hours of the arrival 
of the hatching eggs at the premises where they are to be held.
    6. Pet birds could be moved interstate from a quarantined area 
provided that, among other provisions: 1) an APHIS permit has been 
issued; and 2) the pet birds are not known to be infected with or 
exposed to END.
    7. Interstate movement from a quarantined area would be permitted 
for each of the following only if specified requirements are met: 1) 
live birds and poultry, other than pet birds, that are not known to be 
infected with or exposed to END; 2) manure and litter from birds and 
poultry exposed to END; 3) manure and litter from birds and poultry not 
known to be infected with or exposed to END; 4) new or properly 
disinfected cages, coops, containers, troughs, vehicles, or other 
equipment used to handle infected or exposed birds and poultry, and 
their eggs; 5) dead birds and poultry, including any parts of the birds 
and poultry, that are not known to be infected with END.

Potential Economic Impacts

    The proposed regulations would enhance APHIS's ability to monitor 
interstate movement of birds and poultry from areas quarantined because 
of END. Domestic poultry, egg, and exotic bird operations would be 
impacted only in the event of an END outbreak. There has not been a 
major domestic outbreak of END since an epidemic in southern California 
in 1971-74. However, END is periodically detected in isolated pet bird 
populations. Smuggled shipments of exotic species are the source of 
most outbreaks of END. Historically, APHIS has euthanized all pet birds 
that are found within a store in which birds are infected with END. The 
proposed rule changes would enable APHIS to be more selective and 
destroy only those birds and poultry that have been diagnosed as being 
infected with END. We expect that the savings to the industry from this 
more selective euthanization would outweigh any additional restrictions 
that would be imposed by the proposed rule changes. Domestic entities 
would not be severely impacted by either the current regulations or the 
proposed rule unless an END outbreak occurs.

Estimated Economic Impact of a Major END Outbreak

    Eliminating END requires the detection of the virus in a flock, 
appraisal, and rapid, humane destruction of the infected flocks. It 
also requires that all premises that contained infected or exposed 
flocks be cleaned and disinfected. Depopulation would not occur until 
an appraised value was determined and the owners had signed the 
appropriate forms.
    At the time of the 1971 END outbreak in southern California, there 
were approximately 1,115 commercial poultry and bird flocks in that 
part of the State. Commercial flock populations ranged in size from 
approximately 1,000 to more than 3.4 million birds and poultry. The 
estimated population of birds and poultry in southern California's 
commercial operations totaled more than 38.9 million. The average 
poultry operation contained approximately 55,000 birds. In southern 
California, the poultry industry was dominated by layer operations that 
produced table eggs for markets in California and neighboring States. 
In addition to commercial flocks, there were approximately 39,960 
backyard poultry flocks with a total population of approximately 1 
million.
    A national animal disease emergency was declared by the Secretary 
of Agriculture in March 1972, which placed the eight southernmost 
counties in California under quarantine. The last case of END was 
diagnosed in June 1973, and surveillance programs continued until July 
1974. Eradicating END from the area required the destruction of nearly 
12 million infected and exposed birds and poultry. Most of the birds 
and poultry depopulated were laying hens. The effort cost approximately 
$55 million. Approximately half ($27.5 million) was for indemnities 
paid to flock owners for poultry, birds, eggs, and supplies destroyed. 
Approximately 91 percent of the depopulated birds and poultry were 
commercial layers, followed by 6 percent for pullets and broilers, 1 
percent each for turkeys and breeding poultry, and less than 1 percent 
each for pigeons, backyard aviaries, game birds, and exotic birds.
    Between March 1972 and December 1987, the poultry and bird 
population in the original quarantined area decreased from 
approximately 38.9 million to 27.6 million. Conversely, the number of 
commercial flocks in the 1972 END quarantined area increased from 
approximately 1,115 to 1,856. The increased number of bird and poultry 
flocks since 1972 can be attributed to expansion of the exotic bird 
industry. Importers and producers of exotic birds are not as vertically 
integrated as poultry producers. More exotic bird operations also 
helped to account for decreases in average flock size since 1972. 
Additionally, increased urbanization in traditional poultry producing 
sections of southern California have forced many poultry operations to 
close or relocate.
    APHIS estimates that if a similar END outbreak were to occur in 
southern California today, up to 7.8 million birds and poultry could be 
required to be depopulated, and indemnities totaling $22.3 million 
dollars would be paid to producers. Newly developed diagnostic 
techniques should enable APHIS to be more selective when euthanizing 
birds and poultry in areas quarantined because of END. Although this 
should result in the destruction of fewer birds and poultry, the actual 
potential impact of the proposed regulations is unknown.

Estimated Economic Impact of an Isolated END Outbreak

    Under APHIS regulations, all imported birds are quarantined for a 
minimum of 30 days to prevent the introduction of foreign animal 
diseases, particularly END.
    Exotic bird species have been imported into the United States 
primarily for use as pets for several decades. During fiscal year 1991, 
approximately 136 lots, totaling approximately 250,000 exotic birds, 
were legally imported into the United States. Only three lots were 
refused entry due to END. Two of these lots, totaling 827 birds, were 
euthanized, the third was returned to the country of origin. APHIS 
estimates that the values of the euthanized lots were approximately 
$8,000 and $19,500 respectively.
    In addition to legal importation, exotic bird species are also 
smuggled into the United States. Birds are smuggled for a variety of 
reasons, such as the avoidance of quarantine costs and illegal 
importation of prohibited species. The inherent nature of smuggling 
makes reliable data impossible to obtain. However, APHIS estimates that 
the number of smuggled birds entering the United States ranges from 
100,000 to 150,000 annually. Smuggling increases the likelihood that 
domestic birds and poultry could be exposed to END.
    During fiscal year 1991, an END outbreak resulted in the 
destruction of approximately 120 birds. APHIS estimated the value of 
these euthanized birds to be approximately $40,000. Under the proposed 
regulations, APHIS would use updated diagnostic techniques to determine 
which birds have actually been infected with END. This should permit 
APHIS to be more selective when euthanasia is necessary. However, the 
actual potential effect of the proposed regulations on domestic exotic 
bird producers is unknown.

Summary

    APHIS estimates that the proposed rule changes for END would, short 
of a major END outbreak, have a negligible impact on the daily 
activities of domestic poultry and egg producers, and on domestic 
producers and importers of exotic birds. If a major outbreak occurred 
and an eradication program were initiated, the proposed rule changes 
would enable APHIS to effectively prevent the interstate spread of END 
and eradicate END. Modern diagnostic techniques would enable APHIS to 
determine which birds have been infected by the END virus. This would 
likely result in smaller quantities of euthanized birds and poultry in 
areas quarantined because of END. We believe that revisions to the END 
regulations are necessary to ensure that domestic poultry, egg, and 
exotic bird producers are protected against any potential END outbreak. 
APHIS believes that the proposed regulations would effectively deal 
with a disease outbreak, while at the same time imposing the minimum 
possible costs on affected 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 12778

    This proposed rule has been reviewed under Executive Order 12778, 
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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501), the information collection provisions that are included in this 
proposed rule will be submitted for approval to the Office of 
Management and Budget. Please send written comments to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
APHIS, Washington, DC 20503. Please send a copy of your comments to: 
(1) Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 
804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, and 
(2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and 
Independence Ave. SW., Washington, DC 20250.

National Environmental Policy Act

    Various potential issues that could be raised by this proposed rule 
are being considered in the context of a current environmental impact 
statement process. The provisions in this proposed rule would not be 
implemented until compliance with the National Environmental Policy Act 
and other relevant environmental statutes has been assured.

List of Subjects

9 CFR Part 53

    Animal diseases, Indemnity payments, Livestock, Poultry and poultry 
products.

9 CFR Part 71

    Animal diseases, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 82

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

9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 161

    Reporting and recordkeeping requirements, Veterinarians.

    Accordingly, we propose to amend 9 CFR parts 53, 71, 92, 94, and 
161, and to revise part 82 as follows:

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND 
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

    1. The authority citation for part 53 would continue to read as 
follows:

    Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.17, 2.51, and 
371.2(d).

    2. Section 53.1 would be revised to read as follows:


Sec. 53.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animals. Livestock, poultry, and all other members of the animal 
kingdom, including birds whether domesticated or wild, but not 
including man.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture (APHIS).
    APHIS employee. Any individual employed by the Animal and Plant 
Health Inspection Service who is authorized by the Administrator to do 
any work or perform any duty in connection with the control and 
eradication of disease.
    Bird. Any member of the class aves other than poultry.
    Department. The United States Department of Agriculture.
    Disease. Foot-and-mouth disease; rinderpest; contagious 
pleuropneumonia; exotic Newcastle disease; highly pathogenic avian 
influenza (that disease caused by any influenza virus that results in 
not less than 75 percent mortality within 8 days in at least 8 healthy 
susceptible chickens, 4-8 weeks old, inoculated by the intramuscular, 
intravenous, or caudal airsac route with bacteria-free infectious 
allantoic or cell culture fluids); or any other communicable disease of 
livestock or poultry that in the opinion of the Secretary constitutes 
an emergency and threatens the livestock or poultry of the United 
States.
    Exotic Newcastle disease. Any velogenic Newcastle disease. Exotic 
Newcastle disease is an acute, rapidly spreading, and usually fatal 
viral disease of birds and poultry.
    Inspector in charge. An APHIS employee who is designated by the 
Administrator to take charge of work in connection with the control and 
eradication of disease.
    Materials. Parts of barns or other structures, straw, hay, and 
other feed for animals, farm products or equipment, clothing, and 
articles stored in or adjacent to barns or other structures.
    Mortgage. Any mortgage, lien, or other security or beneficial 
interest held by any person other than the one claiming indemnity.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Pet bird. Any bird that is kept for personal pleasure and is not 
for sale.
    Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves, 
pheasants, grouse, partridges, quail, guinea fowl, and pea fowl.
    Secretary. The Secretary of Agriculture of the United States, or 
any officer or employee of the Department to whom authority has been or 
may be delegated to act in the Secretary's stead.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
    3. In Sec. 53.2, paragraph (b), the words ``as referred to in 
Sec. 82.2(a) of this chapter, and'' would be removed.

PART 71--GENERAL PROVISIONS

    4. The authority citation for part 71 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 
134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 71.3  [Amended]

    5. In section 71.3, paragraph (a), the phrase ``psittacosis or 
ornithosis'' would be removed and ``chlamydiosis'' would be added in 
its place.


Sec. 71.7  [Amended]

    6. In Sec. 71.7, the heading would be revised to read ``Means of 
conveyance, facilities, premises, and cages and other equipment; 
methods of cleaning and disinfecting.''
    7. In Sec. 71.7, paragraph (c), the words ``and alleys'' would be 
removed and the phrase ``alleys, cages, and other equipment'' would be 
added in its place.
    8. In Sec. 71.10, the section heading and paragraph (a) 
introductory text would be revised to read as follows:


Sec. 71.10  Permitted disinfectants.

    (a) Disinfectants permitted for use on cars, boats, and other 
vehicles, premises, and cages and other equipment are as follows:
* * * * *
    9. The authority citation for part 82 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 
134b, 134f; 7 CFR 2.17, 2.51, and 371.2(d).

    10. Part 82 would be amended by revising the part heading, removing 
subpart A, redesignating subpart B as subpart C, and adding new 
subparts A and B to read as follows:

PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY 
DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS

Subpart A--Exotic Newcastle Disease (END)

Sec.
82.1  Definitions.
82.2  Criteria for determining birds or poultry to be infected with, 
exposed to, or free from END.
82.3  Quarantined areas.
82.4  General provisions.
82.5  Interstate movement of live birds and live poultry from a 
quarantined area.
82.6  Interstate movement of dead birds and dead poultry from a 
quarantined area.
82.7  Interstate movement of manure and litter from a quarantined 
area.
82.8  Interstate movement of eggs, other than hatching eggs, from a 
quarantined area.
82.9   Interstate movement of hatching eggs from a quarantined area.
82.10  Interstate movement of vehicles, cages, coops, containers, 
troughs, and other equipment from a quarantined area.
82.11  Issuance of permits.
82.12  Other interstate movements and special permits.
82.13  Denial and withdrawal of permits and special permits.
82.14  Removal of quarantine.
82.15  Replacement birds and poultry.

Subpart B--Chlamydiosis in Poultry

82.19  Definitions
82.20  General restrictions.
82.21  Vehicles, cages, coops, containers, troughs, and other 
equipment used for infected poultry.
82.22  Cleaning and disinfecting premises.
82.23  Issuance of permits.
82.24  Other interstate movements and special permits.
82.25  Denial and withdrawal of permits and special permits.

Subpart A--Exotic Newcastle Disease


Sec. 82.1   Definitions.

    As used in connection with this subpart, the following terms shall 
have the meaning set forth in this section.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    Bird. Any member of the class aves other than poultry.
    Dressed carcasses. Carcasses of birds or poultry that have been 
eviscerated, with heads and feet removed.
    END. Any velogenic Newcastle disease. END is an acute, rapidly 
spreading, and usually fatal viral disease of birds and poultry.
    Exposed. At risk of developing END because of association with 
birds or poultry infected with END, excrement from birds or poultry 
infected with END, or other material touched by birds or poultry 
infected with END, or because there is reason to believe that 
association has occurred with END or vectors of END, as determined by 
either a Federal veterinarian or a State veterinarian.
    Federal representative. An individual employed and authorized by 
the Federal government to perform the tasks required by this subpart.
    Federal veterinarian. A veterinarian employed and authorized by the 
Federal government to perform the tasks required by this subpart.
    Hatching eggs. Eggs in which birds or poultry are allowed to 
develop.
    Infected. Affected by the virus or bacterium that causes the 
specified disease.
    Interstate. From one State into or through any other State.
    Known to be exposed. Determined by either a Federal veterinarian or 
a State veterinarian to be at risk of developing END because of 
association with birds or poultry infected with END, excrement from 
birds or poultry infected with END, or other material touched by birds 
or poultry infected with END, or because there is reason to believe 
that association has occurred with END or vectors of END, as determined 
by either a Federal veterinarian or a State veterinarian.
    Known to be infected. Determined by either a Federal veterinarian 
or a State veterinarian to be affected by the virus or bacterium that 
causes the specified disease.
    Litter. Material that is used to collect and absorb bodily wastes 
from birds or poultry.
    Moved. Shipped, transported or otherwise moved, or delivered or 
received for movement, by any person.
    Official seal. A serially numbered metal or plastic strip, 
consisting of a self-locking device on one end and a slot on the other 
end, that forms a loop when the ends are engaged and that cannot be 
reused if opened, or a serially numbered, self-locking button that can 
be used for this purpose.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Pet bird. Any bird that is kept for personal pleasure and is not 
for sale.
    Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, 
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
    Recognized slaughtering establishment. Any slaughtering facility 
operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 
or a State meat inspection act.
    Render. Reduce, convert, or melt down by heating to a temperature 
of at least 230  deg.F. so that oil is removed.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
    State animal health official. The State official responsible for 
livestock- and poultry-disease control and eradication programs.
    State representative. An individual employed in animal health work 
and authorized by a State or political subdivision of a State to 
perform the tasks required by this subpart.
    State veterinarian. A veterinarian employed and authorized by a 
State or political subdivision of a State to perform the tasks required 
by this subpart.
    Veterinarian in charge. A Federal veterinarian employed by the 
Animal and Plant Health Inspection Service and authorized by the 
Administrator to supervise and manage the animal health work of the 
Animal and Plant Health Inspection Service in a specified area of the 
United States.


Sec. 82.2   Criteria for determining birds or poultry to be infected 
with, exposed to, or free from END.

    (a) The determination that birds or poultry are infected with END 
must be made by either a Federal veterinarian or a State 
veterinarian.1 They will base that determination on one or more of 
the following factors: clinical evidence (signs, post-mortem lesions, 
and history of the occurrence of END); diagnostic tests;2 or 
epidemiological evidence (evaluation of clinical evidence and the 
degree of risk posed by the potential spread of END based on population 
and exposure factors, including evaluation of whether the birds and 
poultry have had the opportunity to be in contact with birds or poultry 
infected with END or with excrement from birds or poultry infected with 
END, or if the birds and poultry have shared feed or water with birds 
or poultry infected with END).
---------------------------------------------------------------------------

    \1\The location of Federal veterinarians and State veterinarians 
may be obtained by writing to the Administrator, c/o Emergency 
Programs Staff, Veterinary Services, Animal and Plant Health 
Inspection Service, United States Department of Agriculture, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782, or by referring 
to the local telephone book.
    \2\A copy of the protocols for END diagnostic tests may be 
obtained by writing to the Administrator, c/o Emergency Programs 
Staff, Veterinary Services, Animal and Plant Health Inspection 
Service, United States Department of Agriculture, 6505 Belcrest 
Road, Hyattsville, MD 20872. The protocols are also found in 
``Recommended Uniform Diagnostic Procedures,'' published by the 
Committee of the American Association of Veterinary Laboratory 
Diagnosticians.
---------------------------------------------------------------------------

    (b) The determination that birds or poultry are exposed to END must 
be made by either a Federal veterinarian or a State veterinarian. They 
will base that determination on an evaluation of all related 
circumstances, including: the proximity of the birds or poultry to 
birds or poultry infected with END, to excrement from birds or poultry 
infected with END, and to other material touched by birds or poultry 
infected with END; the number of birds or poultry infected with END to 
which the birds or poultry were exposed; the species involved; the 
virulence of the END to which the birds or poultry were exposed; and 
the length of time the birds or poultry were in contact with birds or 
poultry infected with END, and to material touched by birds or poultry 
infected with END. Birds or poultry determined to be exposed to END 
will continue to be treated as exposed unless they are subsequently 
determined to be infected with END or until either a Federal 
veterinarian or a State veterinarian finds them to be free of END based 
on one or more of the factors listed in paragraph (a) of this section.


Sec. 82.3   Quarantined areas.

    (a) Any area where birds or poultry infected with END are located 
will be designated as a quarantined area. A quarantined area is any 
geographical area, which may be a premises or all or part of a State, 
deemed by epidemiological evaluation to be sufficient to contain all 
birds or poultry known to be infected with or exposed to END. Less than 
an entire State will be designated as a quarantined area only if the 
State enforces restrictions on intrastate movements from the 
quarantined area that are at least as stringent as this subpart.
    (b) Any area designated as a quarantined area because of END will 
remain designated as a quarantined area until all of the requirements 
of Sec. 82.14 have been met.
    (c) The following areas are quarantined because of END: (Currently, 
no areas are quarantined because of END.)


Sec. 82.4   General provisions.

    (a) Prohibitions. The following articles may not be moved 
interstate from a quarantined area:
    (1) Dead birds and dead poultry, including any parts of the birds 
or poultry, that are infected with END;
    (2) Litter used by or manure generated by birds or poultry infected 
with END;
    (3) Any eggs from birds or poultry infected with END;
    (4) Hatching eggs from birds or poultry exposed to END; and
    (5) Live birds or live poultry infected with or exposed to END.
    (b) Restrictions. The following articles may be moved interstate 
from a quarantined area only in accordance with this subpart:
    (1) Live birds or live poultry not known to be infected with or 
exposed to END.
    (2) Dressed carcasses of birds and poultry, and other dead birds 
and dead poultry, including any parts of the birds or poultry, that are 
not known to be infected with END;
    (3) Litter used by or manure generated by birds or poultry not 
known to be infected with END;
    (4) Eggs, other than hatching eggs, from birds or poultry not known 
to be infected with END;
    (5) Hatching eggs from birds or poultry not known to be infected 
with or exposed to END; and
    (6) Cages, coops, containers, troughs, vehicles, or other equipment 
used for birds, poultry, eggs, manure, or litter.
    (c) Exceptions. This subpart does not apply to the interstate 
movement of birds, poultry, or other articles from a quarantined area 
if the interstate movement is made by the United States Department of 
Agriculture for purposes of research or diagnosis.


Sec. 82.5  Interstate movement of live birds and live poultry from a 
quarantined area.

    (a) Pet birds. An individual may move his or her pet birds 
interstate from a quarantined area if the birds are not known to be 
infected with or exposed to END and:
    (1) The birds are accompanied by a permit obtained in accordance 
with Sec. 82.11;
    (2) Epidemiological evidence, as described in Sec. 82.2(a), 
indicates that the birds are not infected with any communicable 
disease;
    (3) The birds show no clinical signs of sickness (such as diarrhea, 
nasal discharge, ocular discharge, ruffled feathers, or lack of 
appetite) during the 90 days before interstate movement;
    (4) The birds have been maintained apart from other birds and 
poultry in the quarantined area during the 90 days before interstate 
movement;
    (5) The birds have been under the ownership and control of the 
individual to whom the permit is issued for the 90 days before 
interstate movement;
    (6) The birds are moved interstate by the individual to whom the 
permit is issued;
    (7) The birds are caged while being moved interstate;
    (8) The individual to whom the permit is issued maintains ownership 
and control of the birds and maintains them apart from other birds and 
poultry from the time they arrive at the place to which the individual 
is taking them until a Federal representative or State 
representative\3\ examines the birds and determines that the birds show 
no clinical signs of END. The examination will not be less than 30 days 
after the interstate movement;
---------------------------------------------------------------------------

    \3\The location of Federal representatives and State 
representatives may be obtained by writing to the Administrator, c/o 
Emergency Programs Staff, Veterinary Services, Animal and Plant 
Health Inspection Service, United States Department of Agriculture, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.
---------------------------------------------------------------------------

    (9) The individual to whom the permit is issued allows Federal 
representatives and State representatives to examine the birds at any 
time until they are declared free of END by either a Federal 
veterinarian or a State veterinarian;
    (10) Within 24 hours of a bird's dying or showing clinical signs of 
sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled 
feathers, or lack of appetite), the individual to whom the permit is 
issued notifies the Veterinarian in charge or the State animal health 
official\4\ in the State to which the birds are moved; and
---------------------------------------------------------------------------

    \4\The location of the Veterinarian in charge or the State 
animal health official may be obtained by writing to the 
Administrator, c/o Emergency Programs Staff, Veterinary Services, 
Animal and Plant Health Inspection Service, United States Department 
of Agriculture, 6505 Belcrest Road, Hyattsville, MD 20782, or by 
referring to the local telephone book.
---------------------------------------------------------------------------

    (11) The individual to whom the permit is issued submits copies of 
the permit so that a copy is received by the State animal health 
official and the Veterinarian in charge for the State of destination 
within 72 hours of the arrival of the birds at the destination listed 
on the permit.
    (b) Other birds and poultry. Except as provided for pet birds in 
paragraph (a) of this section, a person may move live birds and live 
poultry that are not known to be infected with or exposed to END 
interstate from a quarantined area only if:
    (1) The birds and poultry are accompanied by a permit obtained in 
accordance with Sec. 82.11;
    (2) The birds or poultry are covered in such a way as to prevent 
feathers and other debris from blowing or falling off the means of 
conveyance;
    (3) The birds or poultry are moved in a means of conveyance either 
under official seal or are accompanied by a Federal representative;
    (4) Except for emergencies, the birds or poultry are not unloaded 
until their arrival at the destination listed on the permit required by 
paragraph (b)(1) of this section;
    (5) The birds or poultry are moved interstate to a recognized 
slaughtering establishment;\5\
---------------------------------------------------------------------------

    \5\A list of recognized slaughtering establishments in any State 
may be obtained from a Federal representative, the State animal 
health official, or a State representative.
---------------------------------------------------------------------------

    (6) The birds or poultry are slaughtered within 24 hours of arrival 
at the recognized slaughtering establishment; and
    (7) The permit required by paragraph (b)(1) of this section is 
presented upon arrival at the recognized slaughtering establishment to 
a State representative or Federal representative. Copies of the permit 
must also be submitted so that a copy is received by the State animal 
health official and the Veterinarian in charge for the State of 
destination within 72 hours of arrival at the recognized slaughtering 
establishment.


Sec. 82.6  Interstate movement of dead birds and dead poultry from a 
quarantined area.

    (a) Except as provided in paragraph (b) of this section for dressed 
carcasses, dead birds and dead poultry, including any parts of the 
birds and poultry, that are not known to be infected with END may be 
moved interstate from a quarantined area only if:
    (1) The dead birds and dead poultry are accompanied by a permit 
obtained in accordance with Sec. 82.11;
    (2) The dead birds and dead poultry are covered in such a way as to 
prevent feathers and other debris from blowing or falling off the means 
of conveyance;
    (3) The dead birds and dead poultry are moved in a means of 
conveyance either under official seal or accompanied by a Federal 
representative;
    (4) The dead birds and dead poultry are not unloaded until their 
arrival at the destination listed on the permit required by paragraph 
(a)(1) of this section;
    (5) The dead birds and dead poultry are moved, without stopping, to 
the destination listed on the permit required by paragraph (a)(1) of 
this section, except for normal traffic conditions, such as traffic 
lights and stop signs;
    (6) The dead birds and dead poultry are disposed of, within 24 
hours after being loaded for interstate movement, by burial or 
composting in accordance with the procedures set forth in Secs. 82.14 
(c)(1) and (c)(2), or by rendering, incineration, or other means 
approved by the Administrator as being adequate to prevent the 
dissemination of END; and
    (7) Copies of the permit accompanying the dead birds and dead 
poultry interstate are submitted so that a copy is received by the 
State animal health official and the Veterinarian in charge for the 
State of destination within 72 hours of the arrival of the dead birds 
and dead poultry at the destination listed on the permit required by 
paragraph (a)(1) of this section.
    (b) Dressed carcasses from birds and poultry that are not known to 
be infected with END may be moved interstate from a quarantined area 
only if:
    (1) The dressed carcasses are from birds or poultry that were 
slaughtered in a recognized slaughtering establishment;\6\
---------------------------------------------------------------------------

    \6\See footnote 5.
---------------------------------------------------------------------------

    (2) The dressed carcasses are accompanied by a permit obtained in 
accordance with Sec. 82.11;
    (3) The dressed carcasses are moved in a means of conveyance either 
under official seal or accompanied by a Federal representative;
    (4) The dressed carcasses are not unloaded until their arrival at 
the destination listed on the permit required by paragraph (b)(2) of 
this section;
    (5) The dressed carcasses are moved, without stopping, to the 
destination listed on the permit required by paragraph (b)(2) of this 
section, except for normal traffic conditions, such as traffic lights 
and stop signs; and
    (6) Copies of the permit accompanying the dressed carcasses 
interstate are submitted so that a copy is received by the State animal 
health official and the Veterinarian in charge for the State of 
destination within 72 hours of the arrival of the dressed carcasses at 
the destination listed on the permit required by paragraph (b)(2) of 
this section.


Sec. 82.7  Interstate movement of manure and litter from a quarantined 
area.

    Manure generated by and litter used by birds or poultry not known 
to be infected with END may be moved interstate from a quarantined area 
only if:
    (a) The manure and litter is accompanied by a permit obtained in 
accordance with Sec. 82.11;
    (b) The manure and litter has been heated throughout, in the 
quarantined area, to a temperature of not less than 175 deg. F 
(79.4 deg. C), and then placed either in a previously unused container 
or in a container that has been cleaned and disinfected, since last 
being used, in accordance with part 71 of this chapter; and
    (c) The declaration or affidavit required by Sec. 82.11(b) lists 
the location of the poultry or birds that generated the manure or used 
the litter, and the name and address of the owner of the poultry or 
birds that generated the manure or used the litter.
    (d) Copies of the permit accompanying the manure and litter 
interstate are submitted so that a copy is received by the State animal 
health official and the Veterinarian in charge for the State of 
destination within 72 hours of the arrival of the manure and litter at 
the destination listed on the permit.


Sec. 82.8  Interstate movement of eggs, other than hatching eggs, from 
a quarantined area.

    (a) Eggs, other than hatching eggs, from birds or poultry not known 
to be infected with END may be moved interstate from a quarantined area 
only if:
    (1) The eggs are accompanied by a permit obtained in accordance 
with Sec. 82.11;
    (2) The eggs have been cleaned and sanitized in accordance with 7 
CFR part 59;
    (3) The eggs are packed either in previously unused flats or cases 
or in used plastic flats or cases that were cleaned and disinfected, 
since last being used, in accordance with part 71 of this chapter;
    (4) The eggs are moved to a facility where they are examined to 
ensure they have been cleaned and sanitized in accordance with 
paragraph (a)(2) of this section; and
    (5) Copies of the permit accompanying the eggs interstate are 
submitted so that a copy is received by both the State animal health 
official and the Veterinarian in charge for the State of destination 
within 72 hours of the arrival of the eggs at the facility.
    (b) Any flats or cases intended for reuse after being used to move 
eggs interstate to a facility under this section must be cleaned and 
disinfected in accordance with part 71 of this chapter before being 
moved to a premises where birds or poultry are kept.


Sec. 82.9  Interstate movement of hatching eggs from a quarantined 
area.

    Hatching eggs from birds or poultry not known to be infected with 
or exposed to END may be moved interstate from a quarantined area only 
if:
    (a) The hatching eggs are accompanied by a permit obtained in 
accordance with Sec. 82.11;
    (b) Copies of the permit accompanying the hatching eggs are 
submitted so that a copy is received by both the State animal health 
official and the Veterinarian in charge for the State of destination 
within 72 hours of the arrival of the hatching eggs at the premises 
described in paragraph (c) of this section; and
    (c) The hatching eggs are held in the State of destination at a 
premises designated jointly by the Veterinarian in charge and the State 
animal health official from the time of arrival until hatch and the 
birds and poultry hatched from the eggs are held at the designated 
premises for not less than 30 days following hatch. During this holding 
period, the eggs and any birds or poultry hatched from the eggs are 
subject to any inspections, disinfections, and tests as may be required 
by the Administrator to determine their freedom from END.


Sec. 82.10  Interstate movement of vehicles, cages, coops, containers, 
troughs, and other equipment from a quarantined area.

    (a) This section does not apply to cages, coops, or other 
containers or equipment used by or to move pet birds moved interstate 
in accordance with Sec. 82.5(a).
    (b) Vehicles, cages, coops, containers, troughs, and other 
equipment that have held or that have otherwise been used in a 
quarantined area in the handling of birds or poultry or their eggs, or 
for manure generated by or litter used by the birds or poultry, may be 
moved interstate from a quarantined area only if they are made of hard 
plastic or metal, and if the other conditions of this section are met.
    (c) Before moving vehicles, cages, coops, containers, troughs, and 
other equipment interstate that have held or have otherwise been used 
in a quarantined area in the handling of birds, poultry, eggs, manure, 
or litter, and after using these items to move birds, poultry, eggs, 
manure, or litter interstate from a quarantined area, the vehicles, 
cages, coops, containers, troughs, and other equipment must be cleaned 
and disinfected in accordance with paragraphs (c)(1) through (c)(5) of 
this section:
    (1) Clean and disinfect the vehicles, cages, coops, containers, 
troughs, and other equipment at the place where the birds, poultry, 
eggs, manure, and litter are unloaded or where the equipment is used, 
no more than 2 hours after the birds, poultry, eggs, manure, and litter 
are unloaded or the equipment is used;
    (2) Clean the items in accordance with part 71 of this chapter;
    (3) Have a Federal representative or State representative\7\ 
inspect the items after they have been cleaned;
---------------------------------------------------------------------------

    \7\See footnote 3 to Sec. 82.5.
---------------------------------------------------------------------------

    (4) Disinfect the items in the presence of a Federal representative 
or State representative; and
    (5) Disinfect the items in accordance with part 71 of this chapter 
and by using a disinfectant as specified in part 71 of this chapter.
    (d) If the place where the cleaning and disinfection would 
otherwise be required has no facilities for cleaning and disinfecting, 
the items may be moved to a place where facilities are available for 
cleaning and disinfecting, provided a Federal representative or State 
representative has determined that such movement will not cause a risk 
of the spread of END.
    (e) Vehicles, cages, coops, containers, troughs, and other 
equipment that are moved interstate under this section must be 
accompanied by a permit obtained in accordance with Sec. 82.11, and 
copies of the permit accompanying the vehicles, cages, coops, 
containers, troughs, and other equipment interstate must be submitted 
so that a copy is received by the State animal health official and the 
Veterinarian in charge\8\ for the State of destination within 72 hours 
of the arrival of the vehicles, cages, coops, containers, troughs, and 
other equipment at the destination listed on the permit.
---------------------------------------------------------------------------

    \8\See footnote 4 of Sec. 82.5.
---------------------------------------------------------------------------


Sec. 82.11  Issuance of permits.

    (a) Application for the permits required by this subpart to move 
interstate from a quarantined area birds, eggs, poultry, or other items 
requiring a permit under this part must be in writing. The application 
must be submitted to a Federal representative or State representative 
and must include the following:
    (1) The applicant's name and mailing address;
    (2) The name and mailing address of the person who will receive the 
birds, eggs, poultry, or other items;
    (3) The addresses of both the origin and destination of the birds, 
eggs, poultry, or other items;
    (4) The number and types of birds, poultry, eggs, and other items 
intended for interstate movement; and
    (5) The reason for the interstate movement.
    (b) In addition to the information required by paragraph (a) of 
this section, to obtain permits to move birds, poultry, eggs, manure, 
litter, cages, coops, containers, troughs, vehicles or other equipment 
interstate from a quarantined area, an applicant for a permit must 
submit to a Federal representative or State representative a 
declaration or affidavit listing the requirements of Sec. 82.5 for live 
birds or live poultry, Sec. 82.6 for dead birds and dead poultry, 
Sec. 82.7 for litter or manure, Sec. 82.8 for eggs other than hatching 
eggs, Sec. 82.9 for hatching eggs, or Sec. 82.10 for cages, coops, 
containers, troughs, vehicles, and other equipment, and stating that 
the applicant will move the items interstate only if all of the listed 
requirements are met.


Sec. 82.12  Other interstate movements and special permits.

    (a) A special permit is required for the interstate movement of 
birds, poultry, or other items whose movement is restricted under this 
subpart, from a quarantined area in a manner or to a destination other 
than is specifically prescribed by this subpart, under special 
conditions determined by the Administrator to be necessary to prevent 
the dissemination of END. A special permit is required for the disposal 
of dead birds or dead poultry that are infected with END, or manure 
generated by or eggs from birds or poultry infected with END, in a 
manner other than is specifically prescribed in this subpart, and for 
cleaning and disinfection carried out in a manner other than is 
specifically prescribed in this subpart, under special conditions 
determined by the Administrator to be necessary to prevent the 
dissemination of END. To apply for a special permit, contact the 
Administrator, c/o the Veterinarian in charge\9\ for the State in which 
the birds, poultry, or other items are located. The Administrator may, 
at his or her discretion, issue special permits if he or she determines 
that the activity authorized will not result in the interstate 
dissemination of END.
---------------------------------------------------------------------------

    \9\See footnote 4 to Sec. 82.5.
---------------------------------------------------------------------------

    (b) The special permit will list the name and address of the person 
to whom the special permit is issued, and the special conditions under 
which the interstate movement, disposal, or cleaning and disinfection 
may be carried out.
     (1) For an interstate movement, the special permit will also 
include the following:
     (i) The name and mailing address of the person who will receive 
the birds, poultry, or other items;
     (ii) The addresses of both the origin and destination of the 
birds, poultry, or other items;
     (iii) The number and type of birds, poultry, or other items to be 
moved interstate; and
     (iv) The reason for the interstate movement.
     (2) For destruction or cleaning and disinfection, the special 
permit will also include the following:
     (i) The address of the place where the dead birds, dead poultry, 
manure, or eggs are located; and
     (ii) The number and type of birds, poultry, or other items 
involved.
     (c) For an interstate movement, a copy of the special permit must 
accompany the items moved, and copies must be submitted so that a copy 
is received by the State animal health official and the Veterinarian in 
charge for the State of destination within 72 hours of the arrival of 
the birds, poultry, or other items at the destination listed on the 
special permit.


Sec. 82.13  Denial and withdrawal of permits and special permits.

    (a) Denial. If the Administrator determines that the applicant for 
a permit or special permit is not complying with or could not comply 
with this subpart or any special conditions needed to prevent the 
dissemination of END, or, in the case of a special permit, that the 
special permit is not required under this subpart, the Administrator 
may deny the request for a permit or special permit. If the request is 
denied, the Administrator will send the applicant a written notice 
explaining why the permit or special permit was denied.
     (b) Withdrawal. The Administrator may withdraw a permit or special 
permit, orally or in writing, if he or she determines the person to 
whom the permit or special permit has been issued is violating either 
this subpart or some condition specified in the permit or special 
permit. The Administrator may withdraw the permit or special permit 
without advance notice if he or she determines that the person to whom 
the permit or special permit has been issued is violating either this 
subpart or some condition specified in the permit or special permit in 
a way that threatens the public health, interest, or safety. The 
Administrator will send the person to whom the permit or special permit 
has been issued a written explanation of why the permit or special 
permit is to be or was withdrawn.
     (c) Appeals. Denial or withdrawal of a permit or special permit 
may be appealed to the Administrator within 10 days after receipt of 
the written notice of denial or withdrawal. The appeal must be in 
writing\10\ and must state all of the facts and reasons upon which the 
person relies to show that the permit or special permit was wrongfully 
denied or withdrawn. The Administrator will grant or deny the appeal, 
in writing, explaining all of the reasons for the decision, as promptly 
as circumstances allow. In cases where there is a conflict as to any 
material fact, the person denied a permit or special permit, or from 
whom a permit or special permit is withdrawn, shall be given an 
opportunity for a hearing with respect to the merits of the validity of 
the denial or withdrawal in accordance with rules of practice adopted 
for the proceeding.
---------------------------------------------------------------------------

    \10\Written appeals should be sent to the Administrator, c/o 
Emergency Programs Staff, Veterinary Services, Animal and Plant 
Health Inspection Service, United States Department of Agriculture, 
6505 Belcrest Road, Hyattsville, MD 20782.
---------------------------------------------------------------------------


Sec. 82.14  Removal of quarantine.

     An area will be removed from quarantine only when all of the 
following requirements have been met:
     (a) All birds and poultry exposed to END in the quarantined area 
have been found to be free of END;
     (b) All birds and poultry infected with END in the quarantined 
area have been euthanized;
     (c) All birds and poultry, including any parts of the birds and 
poultry, euthanized in accordance with paragraph (b) of this section, 
and all birds and poultry in the quarantined area, including any parts 
of the birds and poultry, that died from any cause other than 
slaughter, have been buried, reduced to ashes by incineration, 
rendered, or reduced to dust by composting;
    (1) If the birds and poultry are buried, all birds and poultry 
infected with END must be buried in the quarantined area. The birds and 
poultry must be buried in a location that meets all United States 
Environmental Protection Agency, State, and local requirements for 
landfills. They must be buried at least 6 feet deep and be covered at 
the time of burial with soil;
    (2) If the birds and poultry are composted, all birds and poultry 
infected with END must be composted in the quarantined area. The birds 
and poultry must be composted according to the following instructions:
    (i) Place a 1-foot layer of litter and manure in a free-standing 
composter bin, unless the compost pile will be covered in accordance 
with paragraph (c)(2)(ii) of this section. Add a 6-inch layer of straw, 
peanut hulls, or wood chips. Add a layer of dead birds or dead poultry, 
leaving 6 inches between the carcasses and the bin walls. Add water 
sparingly and cover with 6 inches of a dry mixture of litter and 
manure. Repeat the layering process two more times and cap with a 
double layer of dry manure cake. After the bin is capped off and 
covered, monitor the temperature in the compost pile daily, using a 36-
inch probe-type thermometer. The temperature of the compost pile must 
reach at least 140 deg. F. After 30 days from the date the compost pile 
is created, turn over to aerate the entire mixture. Allow mixture to 
reach at least 140 deg. F once again. After completion of the second 
cycle, the mixture must remain covered with any material that prevents 
penetration of air and moisture until spread or otherwise utilized. The 
composted material may not be spread or otherwise utilized until at 
least 30 days following completion of the second heating cycle.
    (ii) Composting of birds and poultry may be accomplished outside of 
covered bins by following the layering and temperature requirements set 
forth in paragraph (c)(2)(i) of this section, then covering the compost 
pile with tarpaulins or 6-mm polyethylene sheets anchored with tires or 
straw bales. The mixture must be kept moist. The final product may not 
be spread or otherwise utilized until at least 30 days following 
completion of the second heating cycle.
    (iii) Composting of birds and poultry must be carried out at least 
50 yards from any building or pen where poultry and birds are housed 
and be inaccessible to birds and poultry. Composted material may not be 
commingled with, or otherwise be brought into contact with, non-
composted manure cake.
    (d) All eggs produced by birds or poultry infected with or exposed 
to END in the quarantined area have been buried, reduced to ashes by 
incineration, or rendered. If the eggs are buried, the eggs must be 
buried in the quarantined area in a location that meets all United 
States Environmental Protection Agency requirements and all State and 
local requirements for landfills. The eggs must be buried at least 6 
feet deep and be covered at the time of burial with soil;
    (e) All manure generated by or litter used by birds or poultry 
infected with or exposed to END in the quarantined area has been 
reduced to ashes by incineration, or has been buried, composted, or 
spread on a field and turned under, as follows:
    (1) Burial. If the manure or litter is buried, the manure and 
litter must be buried at least 6 feet deep and covered at the time of 
burial with soil. The manure and litter must be buried in the 
quarantined area in a location that meets all United States 
Environmental Protection Agency and State and local requirements for 
landfills;
    (2) Composting. If the manure and litter is composted, the manure 
and litter must be composted in the quarantined area according to the 
following method: Place the manure and litter in rows 3 to 5 feet high 
and 5 to 10 feet at the base. The area where the manure, litter, and 
other material used in composting are placed must be such that there is 
no runoff from the composted material out of the area, no saturation 
into the ground, and no moisture, except for that required by this 
paragraph, onto the composted material from above. The composting area 
must be at least 50 yards from any building or pen where birds or 
poultry are housed and be inaccessible to birds and poultry. The manure 
and litter must be mixed so as to attain a carbon to nitrogen ratio of 
approximately 30:1, a moisture content of between 40 to 50 percent, and 
a supply of oxygen to the composted material. If a carbon source other 
than manure or litter is needed, wood chips, straw, or peanut hulls may 
be used. The manure and litter must be covered with tarpaulin or 6-mm 
polyethylene sheets, be anchored with tires or straw bales, and be 
mixed to ensure adequate ventilation every 10 to 15 days. The composted 
material must rise to a temperature of 140 deg. F, as determined by use 
of a 36-inch probe-type thermometer. The composted material may not be 
spread or otherwise utilized for at least 30 days from the time the 
140 deg. F temperature is reached.
    (3) Spreading and turning under. If the manure or litter is spread 
on a field and turned under, the field must be in the quarantined area, 
at least 50 yards away from any building or pen where poultry or birds 
are housed, and inaccessible to birds and poultry. The manure or litter 
must be turned under within 24 hours of being spread on the field, and 
the field must be left undisturbed for at least 30 days;
    (f) All vehicles with which the birds or poultry infected with or 
exposed to END or their excrement or litter have had physical contact 
have been cleaned and disinfected in accordance with part 71 of this 
chapter. The vehicles have been inspected after cleaning, and before 
disinfection, by a Federal representative or State representative, and 
then have been disinfected in the presence of a Federal representative 
or State representative with a disinfectant listed in part 71 of this 
chapter;
    (g) All cages, coops, containers, troughs, and other equipment used 
for birds or poultry infected with or exposed to END, or their 
excrement or litter have been reduced to ashes by incineration, or have 
been cleaned and disinfected in accordance with part 71 of this 
chapter. The items must be inspected after cleaning, and before 
disinfection, by a Federal representative or State representative, and 
then must be disinfected in the presence of a Federal representative or 
State representative, with a disinfectant listed in part 71 of this 
chapter; and
    (h) The premises where birds or poultry infected with or exposed to 
END were located have been cleaned and disinfected in accordance with 
part 71 of this chapter. The premises have been inspected after 
cleaning, and before disinfection, by a Federal representative or State 
representative, and then have been disinfected in the presence of a 
Federal representative or State representative with a disinfectant 
listed in part 71 of this chapter.


Sec. 82.15  Replacement birds and poultry.

    Birds and poultry that have been destroyed because of a quarantine 
for END may not be replaced by birds or poultry moved interstate into 
the quarantined area until the Administrator decides that END has been 
eradicated and that replacement birds or poultry will not become 
infected with END.

Subpart B--Chlamydiosis in Poultry


Sec. 82.19  Definitions.

    As used in connection with this subpart, the following terms shall 
have the meaning set forth in this section.
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
functions specified in subchapters B, C, and D of this chapter.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    Bird. Any member of the class aves other than poultry.
    Chlamydiosis. A contagious bacterial disease of birds and poultry, 
characterized by respiratory and systemic infection. The disease is 
also known as psittacosis in psittacine birds and as ornithosis in 
poultry.
    Federal representative. An individual employed and authorized by 
the Federal government to perform the tasks required by this subpart.
    Federal veterinarian. A veterinarian employed and authorized by the 
Federal government to perform the tasks required by this subpart.
    Infected. Affected by the virus or bacterium that causes the 
specified disease.
    Interstate. From one State into or through any other State.
    Moved. Shipped, transported or otherwise moved, or delivered or 
received for movement, by any person.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, 
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
    State animal health official. The State official responsible for 
livestock- and poultry-disease control and eradication programs.
    State representative. An individual employed in animal health work 
and authorized by a State or political subdivision of a State to 
perform the tasks required by this subpart.
    Veterinarian in charge. A Federal veterinarian employed by the 
Animal and Plant Health Inspection Service and authorized by the 
Administrator to supervise and manage the animal health work of the 
Animal and Plant Health Inspection Service in a specified area of the 
United States.


Sec. 82.20  General restrictions.

    The following items may not be moved interstate:
    (a) Live poultry infected with chlamydiosis;
    (b) Dead poultry that were infected with chlamydiosis when they 
died, and parts of dead poultry that were infected with chlamydiosis 
when they died; and
    (c) Offal from poultry infected with chlamydiosis.


Sec. 82.21  Vehicles, cages, coops, containers, troughs, and other 
equipment used for infected poultry.

    (a) Before moving vehicles, cages, coops, containers, troughs, and 
other equipment interstate that have held or have otherwise been used 
in the handling of poultry infected with chlamydiosis, and after using 
these items to move poultry infected with chlamydiosis interstate, the 
vehicles, cages, coops, containers, troughs, and other equipment must 
be cleaned and disinfected in accordance with paragraphs (a)(1) through 
(a)(5) of this section:
    (1) Clean and disinfect the vehicles, cages, coops, containers, 
troughs, and other equipment at the place where the poultry are 
unloaded or where the equipment is used, no more than 2 hours after the 
poultry infected with chlamydiosis are unloaded or the equipment is 
used;
    (2) Clean the items in accordance with part 71 of this chapter;
    (3) Have a Federal representative, State representative,1 or 
an accredited veterinarian, inspect the items after they have been 
cleaned;
---------------------------------------------------------------------------

    \1\See footnote 3 to Sec. 82.5.
---------------------------------------------------------------------------

    (4) Disinfect the items in the presence of a Federal 
representative, State representative, or an accredited veterinarian; 
and
    (5) Disinfect the items in accordance with part 71 of this chapter 
and by using a disinfectant as specified in part 71 of this chapter.
    (b) If the place where the cleaning and disinfection would 
otherwise be required has no facilities for cleaning and disinfecting, 
the items may be moved to a place where facilities are available for 
cleaning and disinfecting, provided a Federal representative or State 
representative has determined that such movement will not cause a risk 
of the spread of chlamydiosis.
    (c) Vehicles, cages, coops, containers, troughs, and other 
equipment moved interstate under this section must be accompanied by a 
permit obtained in accordance with Sec. 82.23, and copies of the permit 
accompanying the vehicles, cages, coops, containers, troughs, and other 
equipment interstate must be submitted so that a copy is received by 
both the State animal health official and the Veterinarian in 
charge2 for the State of destination within 72 hours of the 
arrival of the vehicles, cages, coops, containers, troughs, and other 
equipment at the destination listed on the permit.
---------------------------------------------------------------------------

    \2\See footnote 4 of Sec. 82.5.
---------------------------------------------------------------------------


Sec. 82.22  Cleaning and disinfecting premises.

    Premises that contained poultry that were infected with 
chlamydiosis must be cleaned and disinfected in accordance with this 
section before any poultry are moved interstate onto the premises.
    (a) The premises must be cleaned in accordance with part 71 of this 
chapter;
    (b) After being cleaned, the premises must be inspected by a 
Federal representative, State representative, or an accredited 
veterinarian;
    (c) After being inspected, the premises must be disinfected in the 
presence of a Federal representative, State representative, or an 
accredited veterinarian, in accordance with part 71 of this chapter, 
using a disinfectant listed in part 71 of this chapter.


Sec. 82.23  Issuance of permits.

    (a) Application for the permit required by this subpart to move 
vehicles, cages, coops, containers, troughs, or other equipment 
interstate must be in writing, and must be submitted to a Federal 
representative or State representative. The application must include 
the following:
    (1) The applicant's name and mailing address;
    (2) The name and mailing address of the person who will receive the 
items;
    (3) The addresses of both the origin and destination of the items;
    (4) The number and types of items intended for interstate movement; 
and
    (5) The reason for the interstate movement.
    (b) Exceptions. This subpart does not apply to the interstate 
movement of poultry, vehicles, cages, coops, containers, troughs, or 
other equipment or material if the interstate movement is made by the 
United States Department of Agriculture for the purposes of research or 
diagnosis.


Sec. 82.24  Other interstate movements and special permits.

    (a) A special permit is required for the interstate movement of 
items whose movement interstate is restricted under this subpart in a 
manner or to a destination other than is specifically prescribed by 
this subpart. A special permit is required for the disinfection of 
vehicles, premises, cages, coops, containers, troughs, and other 
equipment by a method other than is specifically prescribed by this 
subpart. To apply for a special permit, contact the Administrator, c/o 
the Veterinarian in charge for the State in which the items are 
located. The Administrator may, at his or her discretion, issue special 
permits if he or she determines the activity authorized will not 
increase the risk of spreading chlamydiosis interstate.
    (b) The special permit will list the name and address of the person 
to whom the special permit is issued, and the special conditions under 
which the interstate movement, or cleaning and disinfection, may be 
carried out.
    (1) For an interstate movement, the special permit will also 
include the following:
    (i) The name and mailing address of the person who will receive the 
items;
    (ii) The addresses of both the origin and destination of the items;
    (iii) The number and type of items to be moved interstate; and
    (iv) The reason for the interstate movement.
    (2) For cleaning and disinfection, the special permit will also 
include the following:
    (i) The address of the place where the items are located; and
    (ii) The number and type of items involved.
    (c) For an interstate movement, a copy of the special permit must 
accompany the items moved, and copies must be submitted so that a copy 
is received by both the State animal health official and the 
Veterinarian in charge for the State of destination within 72 hours of 
the arrival of the items at the destination listed on the special 
permit.


Sec. 82.25  Denial and withdrawal of permits and special permits.

    (a) Denial. If the Administrator determines that the applicant for 
a permit or special permit is not complying with or could not comply 
with this subpart or any special conditions needed to prevent the 
spread of chlamydiosis, or, in the case of a special permit, that the 
special permit is not required under this subpart, the Administrator 
may deny the request for a permit or special permit. If the request is 
denied, the Administrator will send the applicant a written notice 
explaining why the permit or special permit was denied.
    (b) Withdrawal. The Administrator may withdraw a permit or special 
permit, orally or in writing, if he or she determines the person to 
whom the permit or special permit has been issued is violating either 
this subpart or some condition specified in the permit or special 
permit. The Administrator may withdraw the permit or special permit 
without advance notice if he or she determines that the person to whom 
the permit or special permit has been issued is violating either this 
subpart or some condition specified in the permit or special permit in 
a way that threatens the public health, interest, or safety. The 
Administrator will send the person to whom the permit or special permit 
has been issued a written explanation of why the permit or special 
permit is to be or was withdrawn.
    (c) Appeals. Denial or withdrawal of a permit or special permit may 
be appealed to the Administrator within 10 days after receipt of the 
written notice of denial or withdrawal. The appeal must be in 
writing3 and must state all of the facts and reasons upon which 
the person relies to show that the permit or special permit was 
wrongfully denied or withdrawn. The Administrator will grant or deny 
the appeal, in writing, explaining all of the reasons for the decision, 
as promptly as circumstances allow. In cases where there is a conflict 
as to any material fact, the person denied a permit or special permit, 
or from whom a permit or special permit is withdrawn, shall be given an 
opportunity for a hearing with respect to the merits or validity of the 
denial or withdrawal in accordance with rules of practice adopted for 
the proceeding.
---------------------------------------------------------------------------

    \3\See footnote 10 to Sec. 82.13.
---------------------------------------------------------------------------

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    11. The authority citation for part 92 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

    12. The heading for part 92 would be revised to read as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS.


Sec. 92.104  [Amended]

    13. Section 92.104 would be amended by removing the word 
``ornithosis'' and adding the word ``chlamydiosis'' in its place, in 
the following places:
    (a) Paragraph (b)(2);
    (b) Paragraph (b)(3);
    (c) Paragraph (c)(3);
    (d) Paragraph (c)(4);
    (e) Paragraph (d)(3); and
    (f) Paragraph (d)(4).


Sec. 92.106  [Amended]

    14. In Sec. 92.106, paragraph (c)(7)(iii), Cooperative and Trust 
Fund Agreement Between __________ (Name of Operator) and the United 
States Department of Agriculture, Animal and Plant Health Inspection 
Services, paragraph (A)(17) would be amended by removing the words 
``velogenic viscerotropic Newcastle disease'' and adding in their place 
the words ``exotic Newcastle disease''.


Sec. 92.209  [Amended]

    15. In Sec. 92.209, paragraph (a)(2) would be redesignated as 
paragraph (b) and would be amended by removing the words 
``viscerotropic velogenic Newcastle disease'' and adding in their place 
the words ``exotic Newcastle disease'', and paragraph (a)(1) would be 
redesignated as paragraph (a).

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    16. The authority citation for part 94 would continue to read as 
follows:


    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.17, 2.51, and 371.2(d).
    17. The heading for part 94 would be revised to read as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG 
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS.

    18. In Sec. 94.0, the definition of Exotic Newcastle disease (VVND) 
would be removed and a definition of Exotic Newcastle disease (END) 
would be added, in alphabetical order, to read as follows:


Sec. 94.0  Definitions.

* * * * *
    Exotic Newcastle disease (END). Any velogenic Newcastle disease. 
Exotic Newcastle disease is an acute, rapidly spreading, and usually 
fatal viral disease of birds and poultry.
* * * * *


Sec. 94.6  [Amended]

    19. Section 94.6 would be amended as follows:
    a. The term ``VVND'' would be removed and the term ``END'' would be 
added in its place in the following places:
    i. The heading;
    ii. Paragraph (a) introductory text;
    iii. Paragraph (a)(1);
    iv. Paragraph (a)(2);
    v. Paragraph (c) introductory text, each time it appears;
    vi. Paragraph (d) introductory text, each time it appears;
    vii. Paragraph (d)(1)(ix) introductory text;
    viii. Paragraph (d)(1)(ix)(A);
    ix. Paragraph (d)(1)(ix)(B);
    x. Paragraph (d)(1)(ix)(C) introductory text;
    xi. Paragraph (d)(1)(ix)(C)(1);
    xii. Paragraph (d)(1)(ix)(C)(2), each time it appears;
    xiii. Paragraph (d)(2);
    xiv. Paragraph (d)(3), both times it appears; and
    xv. Paragraph (d)(4), both times it appears.
    b. The term ``viscerotropic velogenic Newcastle disease'' would be 
removed and the term ``END'' would be added in its place in the 
following places:
    i. Paragraph (c)(2); and
    ii. Paragraph (c)(5).

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS 
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

    20. The authority citation for part 161 would continue to read as 
follows:

    Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1, 
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51, 
and 371.2(d).


Sec. 161.2  [Amended]

    21. In Sec. 161.2, paragraph (d)(6) would be amended by removing 
the words ``psittacosis or ornithosis, and velogenic viscerotropic 
Newcastle disease'' and adding the words ``chlamydiosis and exotic 
Newcastle disease'' in their place.

    Done in Washington, DC, this 22nd day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15635 Filed 6-27-94; 8:45 am]
BILLING CODE 3410-34-P