[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Rules and Regulations]
[Pages 56877-56891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28060]



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  Federal Register / Vol. 61, No. 215 / Tuesday, November 5, 1996 / 
Rules and Regulations  

[[Page 56877]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

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

[Docket No. 87-090-3]
RIN 0579-AA22


Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in 
Poultry

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are revising completely the regulations concerning exotic 
Newcastle disease in birds and poultry, and psittacosis or ornithosis 
in poultry. We reviewed part 82 as part of our ongoing review of 
existing regulations, and have determined that a complete revision of 
subpart A is necessary. Revising the regulations will make them easier 
to understand, thereby increasing compliance with the regulations, and 
will make them more effective in preventing the interstate spread of 
these diseases. We are also amending other parts to reflect the 
amendments we are making to part 82.

EFFECTIVE DATE: December 5, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff 
Veterinarian, Import/Export Animals Staff, National Center for Import-
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, 
(301) 734-5097.

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.
---------------------------------------------------------------------------

    On June 28, 1994, the Animal and Plant Health Inspection Service 
(APHIS) published in the Federal Register (59 FR 33214-33233, Docket 
No. 87-090-1) a proposal to amend the regulations by revising 
completely the regulations in subpart A. The proposal to revise subpart 
A was the result of a review of the exotic Newcastle disease and 
psittacosis/ornithosis regulations we conducted in accordance with our 
regulatory review plan, which provides for ongoing review of existing 
regulations.
    We solicited comments concerning our proposal for 60 days ending 
August 29, 1994. Among the comments we received was a request for an 
extension of the comment period. In response to this request, we 
published a notice in the Federal Register on September 30, 1994 (59 FR 
49865, Docket No. 87-090-2) reopening and extending the comment period 
until November 29, 1994. We received a total of seven comments by 
November 29, 1994. They were from representatives of a poultry industry 
council, an exhibitor association, academia, a conservation society, an 
industry advisory association, a veterinary medical association, and a 
State department of agriculture. We discuss below each of the issues 
the commenters raised. In discussing the comment issues, we have 
divided them into those that address only exotic Newcastle disease 
(END), those that address only chlamydiosis, and those that address 
part 82 as a whole.

Comments Addressing Exotic Newcastle Disease (END)

    In the current regulations, exotic Newcastle disease is defined as 
``the exotic viscerotropic type of Newcastle disease, a contagious, 
infectious, and communicable disease of poultry.'' In our proposed 
rule, we proposed to amend the definition of exotic Newcastle disease 
to mean ``any velogenic Newcastle disease.'' One commenter requested 
further clarification of the reason for the proposed change. Another 
commenter asked us to reconsider this proposed change, expressing 
concern that the revised definition would apply to neurotropic 
velogenic Newcastle disease, and stating that neurotropic velogenic 
Newcastle disease is not exotic and may be less transmissible than 
velogenic viscerotropic Newcastle disease.
    We are making no changes to the proposed regulations as a result of 
these comments. As we discussed in our proposal, ``velogenic'' refers 
to the severity of the strain of the virus in question. If there were 
an outbreak of any velogenic Newcastle disease in the United States, it 
would be treated in the same way as velogenic viscerotropic Newcastle 
disease. This would include neurotropic velogenic Newcastle disease. We 
disagree that neurotropic velogenic Newcastle disease should not be 
considered an exotic disease. There are currently no known incidences 
of this disease in the field in the United States, and there have been 
a very limited number of incidences in the past. We believe that any 
case of a velogenic Newcastle disease has the potential of causing a 
serious outbreak with severe economic losses, and must be dealt with in 
the same way as velogenic viscerotropic Newcastle disease.
    One commenter expressed concern with Sec. 82.2 of our proposal, 
which provided in part that clinical evidence would be one of the 
factors considered in determining whether birds or poultry are infected 
with END. The commenter stated that because the clinical signs of END 
can mimic those of avian influenza, END should not be considered to 
exist until at least one signal case has been diagnosed in the 
immediate area and has been confirmed with diagnostic tests.
    We are making no changes based on this comment. According to 
standard protocol, END is considered to exist in an area after an 
initial case has been confirmed through laboratory diagnosis. However, 
once such a confirmation has been made, it is possible, and often 
necessary in effectively controlling an outbreak, to rely on disease 
diagnosis through clinical and/or exposure factors.

[[Page 56878]]

    Several commenters expressed concern that although the proposed 
regulations included special provisions for the interstate movement of 
pet birds in the event of an outbreak of END, there were no similar 
provisions for the movement of zoological or avicultural birds. As 
proposed, birds and poultry other than pet birds could move interstate 
only to slaughter. We agree that special provisions need to be made for 
birds that are not pet birds and that are not known to be infected with 
or exposed to END, and we are including such provisions in Sec. 82.5(b) 
of this final rule. Under these provisions, birds other than pet birds 
that are moved interstate from an area quarantined due to END would be 
subject to the same restrictions as poultry, except that they would not 
be required to be moved to slaughter.
    Several commenters expressed concern with the provision in proposed 
Sec. 82.3 that stated that 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 the APHIS regulations. One commenter stated that such a 
quarantine of an entire State would affect all zoos and aviculturists 
within the State. Another commenter recommended that, instead of 
quarantining an entire State when that State's requirements are not as 
stringent as APHIS's, the regulations should prohibit interstate or 
intrastate movement from a quarantined area unless the Federal 
requirements in part 82 of the regulations are met.
    We are making no changes based on these comments. As discussed 
above, we are making provision for the interstate movement of 
zoological and avicultural birds, which would allow for movement of 
such birds even from a State that has been quarantined in its entirety. 
Further, APHIS's regulatory authority does not extend to intrastate 
movement unless the Secretary has declared an ``extraordinary 
emergency'' in a particular State. Extraordinary emergencies 
historically have been declared only rarely, in those cases where the 
Secretary, in consultation with the governor of the State, has 
determined that the State is unable to take adequate measures to 
control a disease outbreak. In most cases, it has not been necessary 
for the Secretary to declare an extraordinary emergency because the 
State in question has implemented control measures at least as 
stringent as those established by APHIS.
    One commenter recommended that the regulations contain a provision 
exempting the eggs of zoological and avicultural birds from cleaning 
and sanitizing requirements for interstate movement. We are making no 
changes based on this comment. The provisions in Sec. 82.9 of the 
proposal for hatching eggs contained no requirements for cleaning and 
sanitization. Such requirements applied only to eggs other than 
hatching eggs.
    One commenter asked whether the sanitization of eggs other than 
hatching eggs required by proposed Sec. 82.8 would include sanitization 
by spraying. As proposed and made final in this document, 
Sec. 82.8(a)(1) requires that eggs other than hatching eggs to be moved 
interstate from a quarantined area be cleaned and sanitized in 
accordance with 7 CFR part 59, which consists of regulations 
promulgated by the Agricultural Marketing Service, USDA. In Sec. 59.16 
of those regulations, a procedure for sanitization by spraying with a 
mixture of clorine or its equivalent and potable water is described.
    Section 82.10 of the proposed rule provided that equipment used in 
a quarantined area in the handling of birds or poultry or their eggs, 
or in the handling of manure generated by or litter used by the birds 
or poultry, must be made of hard plastic or metal to be moved 
interstate, and must be cleaned and disinfected after such movement. 
One commenter recommended that the regulations allow for the use of 
equipment made from materials such as cardboard, fiber, and waxed 
cardboard, provided such equipment is disposed of after use, preferably 
by incineration. We agree with the commenter that if such equipment has 
been previously unused, and is disposed of by incineration without 
being reused after interstate movement, it will not pose a risk of 
spreading the END virus. Therefore, we are providing for such use under 
Sec. 82.10(b)(2) of this rule.
    Section 82.14 of the proposed rule, among other things, described 
ways manure and litter could be disposed of in order for an area to 
qualify for removal from quarantine. The methods of disposal included 
burial, composting, and spreading and turning under. One commenter 
stated that the proposed conditions for spreading and turning under 
were less stringent than those for burial and composting, and expressed 
concern that disposing of manure and litter through spreading and 
turning under could allow for transmission of END. We consider the 
spreading and turning under of manure or litter as prescribed in the 
proposed rule to be adequate to prevent the dissemination of END. 
Properly carried out, spreading manure or litter dilutes the manure or 
litter to such an extent that pockets of END contamination are 
eliminated. The procedures for burying and composting litter and manure 
are more stringent than those for spreading and turning under, because 
burial or composting is generally done when the manure or litter 
contains dead birds or poultry. As we noted above, however, spreading 
and turning must be properly carried out to be effective. Therefore, we 
are adding a provision to Sec. 82.14(e)(3) that manure and litter may 
be disposed of by spreading and turning under only if carried out under 
the direct supervision of a Federal representative or a State 
representative.
    One commenter requested clarification of the criteria we would use 
in quarantining an area for END. Proposed Sec. 82.3(a) reads in part 
that ``(a)ny area where birds or poultry infected with END are located 
will be designated as a quarantined area. A quarantined area is any 
geographical area . . . deemed by epidemiological evaluation to be 
sufficient to contain all birds or poultry known to be infected with or 
exposed to END.'' The commenter recommended that the regulations make 
clear that exposed birds and poultry would be included in a quarantined 
area. We believe the proposal as written conveys our intent, and we are 
making no changes based on the comment. As stated in the proposed 
regulations, in the event of an END outbreak, we will establish a 
quarantined area based on the existence of infected birds or poultry in 
the area. However, once infected birds or poultry are determined to 
exist in an area, the boundaries of the quarantined area will be drawn 
to encompass any birds or poultry that are considered to have been 
exposed to the disease agent.
    In several different sections of the proposed rule, the regulations 
regarding the interstate movement from a quarantined area of regulated 
articles require that a copy of the permit necessary for such movement 
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 arrival. One commenter stated that the availability 
of technology such as facsimile machines allows for quicker 
notification, and that a period shorter than 72 hours should be 
required for submission of a permit. We are making no changes based on 
this comment. Although we agree that timely notification of the 
interstate movement of regulated articles is important, and that such 
notification can be made in less than 72 hours in most cases, we

[[Page 56879]]

consider it incorrect to assume that all persons moving regulated 
articles interstate have the capability to do so in significantly less 
than 72 hours. We continue to consider 72 hours adequate time for 
notification.
    Proposed Sec. 82.9(c) included the requirement that hatching eggs 
moved interstate from a quarantined area be held at a designated 
premises, and that birds and poultry hatched from the eggs be held at 
the premises for at least 30 days after hatch. One commenter objected 
to the additional proposed provision that, during the 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. The commenter 
stated that affected entities should know in advance what may be 
required. We are making no changes based on this comment. The provision 
in question was included in the regulations because, although we 
anticipate that such inspections, disinfections, and tests will in most 
cases not be necessary, we consider it important to provide the 
Administrator with the discretion to respond to currently unforeseen 
situations.
    One commenter recommended that the provisions in proposed Sec. 82.5 
state that owners moving pet birds interstate from a quarantined area 
will be provided with the names and addresses of Federal and State 
officials in the State where they are taking their pet birds. 
Currently, a footnote to Sec. 82.4 of the existing regulations 
indicates that such information will be provided to owners of pet 
birds. We are making no changes based on this comment. The regulations 
as proposed contain a footnote that indicates where owners of pet birds 
can obtain the names of appropriate Federal and State officials. While 
this information does not preclude APHIS otherwise supplying the 
necessary information to owners, it provides owners with several 
options for securing the information.

Comments Addressing Chlamydiosis (Psittacosis or Ornithosis)

    One commenter stated that chlamydiosis should not be a matter for 
Federal regulation. The commenter expressed the belief that the 
uncommon and sporadic appearance of the clinical disease among poultry 
species reflects far more significantly the wide range of toxigensis 
among strains of the agent than the presence or absence of the agent. 
The commenter stated that endemic infection with the chlamydiosis agent 
is widespread among both mammalian and avian species, and that 
epidemiologic investigation of disease in poultry has not implicated 
exotic pet birds, interstate movement of poultry, or spread between 
ranches.
    We are making no changes based on this comment. We disagree that 
chlamydiosis should not be a matter for Federal regulation. Under 21 
U.S.C. 111, 114, and 114a, the Secretary of Agriculture is authorized 
to establish such regulations and take such measures as he or she deems 
necessary to prevent the introduction or dissemination of any 
contagious, infectious, or communicable disease of animals and/or 
poultry from a foreign country into the United States or from one State 
or Territory to another. Historically, the Department has taken 
regulatory action when the disease manifested itself in commercial 
poultry flocks.
    One commenter recommended that, as a safeguard against 
chlamydiosis, the regulations should require that imported psittacine 
birds be treated for 45 days with antibiotics. We are making no changes 
based on this comment. Currently, birds imported into the United States 
are required to be quarantined for 30 days. During the 30-day 
quarantine, the birds are treated with antibiotics, and we recommend to 
their owners that the treatment be continued for an additional 15 days. 
We consider this practice a practicable alternative to extending the 
quarantine beyond 30 days.
    One commenter recommended that, in order to control chlamydiosis 
more effectively, the regulations should require psittacine birds to be 
identified with legbands to facilitate traceback and reduce smuggling. 
We are making no changes based on this comment. Our regulations for 
importing birds, contained in 9 CFR part 92, already require that 
imported birds be legbanded while in quarantine (see 
Sec. 92.106(c)(3)(ii)(E)). We do not consider it practicable or 
enforceable to require legbanding of birds that are to be moved 
interstate.

Other Comments

    In the explanatory information of our proposal, we indicated that 
we were proposing to reorganize part 82 by dividing it into three 
subparts, rather than the existing two. In our proposal, we discussed 
two of the proposed three subparts--those pertaining to exotic 
Newcastle disease and chlamydiosis. One commenter requested that we 
also discuss the third subpart. As we explained in our proposal, the 
third subpart, subpart C, would contain the Salmonella enteriditis 
serotype enteriditis regulations. Because we proposed no changes to 
those regulations, we did not consider it necessary to discuss them in 
the proposed rule.
    Several commenters addressed issues outside the scope of the 
proposal, including whether APHIS personnel resources would be 
sufficient to carry out the regulations. Although we are making no 
changes based on these comments, we have carefully reviewed all 
comments.

Part 53--Definitions

    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.
    In our proposal rule, we proposed to revise the definition of 
disease in part 53 to remove outdated references and to add a 
description, within that definition, of ``highly pathogenic avian 
influenza.'' In this final rule, we are removing the description of 
``highly pathogenic avian influenza'' from the definition of disease 
and, instead, separately defining the term ``highly pathogenic avian 
influenza to reflect the latest technical information about this 
disease. Under this final rule, ``highly pathogenic avian influenza'' 
is defined as (1) any influenza virus that kills at least 75 percent of 
eight 4- to 6-week-old susceptible chickens within 10 days following 
intravenous inoculation with 0.2 ml of a 1:10 dilution of a bacteria-
free, infectious allantoic fluid; or (2) any H5 or H7 virus that does 
not meet the criteria in paragraph (1) of this definition, but has an 
amino acid sequence at the hemagglutinin cleavage site that is 
compatible with highly pathogenic avian influenza viruses; or (3) any 
influenza virus that is not an H5 or H7 subtype and that kills one to 
five chickens and grows in cell culture in the absence of trypsin.
    Additionally, to maintain consistency with the terminology used in 
the definition of disease in Sec. 53.1, we are removing a reference to 
``lethal avian influenza'' in Sec. 53.2(b) and replacing it with the 
term that is defined, ``highly pathogenic avian influenza.''
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the proposed rule with the 
changes discussed above.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has

[[Page 56880]]

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. 604, we have performed a Final 
Regulatory Flexibility Analysis regarding the impact of this rule on 
small entities.

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 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 consider these 
documents necessary to allow the Department to better monitor the 
interstate movement of the items moved. However, the economic impact 
from these requirements will be negligible.

Statement of Need for Regulatory Changes Regarding END

    Beginning with the successful conclusion of the southern California 
END emergency eradication program 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. The existing END regulations were drafted 
prior to the increased level of industry concentration, and they 
require revisions to reflect the changes that have taken place. APHIS 
considers the revisions in this final rule to be necessary despite the 
widespread adoption of vaccination and biosecurity practices by 
commercial poultry producers since the 1971-1974 END outbreak. The 
current value of the domestic poultry and egg industry is estimated to 
be about $18.6 billion. Broiler production accounts for 63 percent of 
total production, followed by eggs (21 percent), turkeys (15 percent), 
and other chicken production (1 percent). Therefore, we consider the 
changes to the existing END regulations 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 the existing provisions, APHIS 
routinely refuses entry of entire shipments of imported birds when the 
END virus is detected. The importer is given a disposal order and has 
72 hours to remove the birds from the United States or have them 
euthanized. 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. The Wild Bird 
Conservation Act of 1992 drastically reduced the number of exotic birds 
imported into the United States, from slightly under 1 million birds a 
year to less than 100,000 a year. Only those species of birds exempt 
from this Act may be imported. Illegal importation of exotic bird 
species continues to be an avenue for the introduction of END into the 
United States.

Changes to END Regulations

    In the absence of an END outbreak, the regulatory changes will have 
a negligible impact on the domestic poultry and exotic bird industries. 
The END revisions will 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 changes include new 
requirements for removing an area from quarantine; specific provisions 
for moving 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 these new END 
regulations is as follows:
    1. Interstate movement from a quarantined area is 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 will 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 will 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 may 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

[[Page 56881]]

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 may 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 may 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 will 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 regulations will 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 will 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 rule changes 
will 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 
will outweigh any additional restrictions that will be imposed by the 
rule changes. Domestic entities will not be severely impacted by this 
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 will not occur until an 
appraised value is determined and the owners have 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 1992, the poultry and bird 
population in the original quarantined area decreased from 
approximately 38.9 million to 19.1 million. Conversely, the number of 
commercial flocks in the 1972 END quarantined area increased from 
approximately 1,115 to 1,856 by 1992. 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 5.3 million birds and poultry could be 
required to be depopulated, and indemnities totaling $15.1 million 
dollars would be paid to producers. Adoption of vaccination and 
biosecurity practices by commercial poultry producers in Southern 
California since the 1971-1974 END outbreak would likely mitigate total 
losses. 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 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 1995, 
approximately 85,207 exotic birds were legally imported into the United 
States. Only 882 birds were confiscated for illegal entry or animal 
health reasons. APHIS estimates the value of the confiscated birds 
totaled approximately $8,535 during fiscal year 1995. 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

[[Page 56882]]

reliable data impossible to obtain. However, APHIS estimates that the 
number of smuggled birds entering the United States ranges from 25,000 
to 150,000 annually. Smuggling increases the likelihood that domestic 
birds and poultry could be exposed to END.
    Under this rule, APHIS will 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 regulations on domestic 
exotic bird producers is unknown.

Summary

    APHIS estimates that the rule changes for END will, 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 occurs and an 
eradication program is initiated, the rule changes will enable APHIS to 
effectively prevent the interstate spread of END and to eradicate END. 
Modern diagnostic techniques will enable APHIS to determine which birds 
have been infected by the END virus. This will likely result in smaller 
quantities of euthanized birds and poultry in areas quarantined because 
of END. We consider revisions to the END regulations necessary to 
ensure that domestic poultry, egg, and exotic bird producers are 
protected against any potential END outbreak. APHIS considers these 
regulations adequate to deal effectively 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 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
the conclusion that the actions required or authorized by this rule 
will not present a risk of introducing or disseminating disease agents 
and will not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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 copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C., 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule have been 
approved by the Office of Management and Budget (OMB). The assigned OMB 
control number is 0579-0116.

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

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 are amending 9 CFR parts 53, 71, 82, 92, 94, and 
161 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 continues to read as follows:

    Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and 
371.2(d).

    2. Section 53.1 is 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.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture (APHIS).
    Animals. Livestock, poultry, and all other members of the animal 
kingdom, including birds whether domesticated or wild, but not 
including man.
    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

[[Page 56883]]

influenza, 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 (END). Any velogenic Newcastle disease. 
Exotic Newcastle disease is an acute, rapidly spreading, and usually 
fatal viral disease of birds and poultry.
    Highly pathogenic avian influenza. (1) Any influenza virus that 
kills at least 75 percent of eight 4- to 6-week-old susceptible 
chickens within 10 days following intravenous inoculation with 0.2 ml 
of a 1:10 dilution of a bacteria-free, infectious allantoic fluid;
    (2) Any H5 or H7 virus that does not meet the criteria in paragraph 
(1) of this definition, but has an amino acid sequence at the 
hemagglutinin cleavage site that is compatible with highly pathogenic 
avian influenza viruses; or
    (3) Any influenza virus that is not an H5 or H7 subtype and that 
kills one to five chickens and grows in cell culture in the absence of 
trypsin.
    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 ``lethal avian 
influenza'' are removed and the words ``highly pathogenic avian 
influenza'' are added in their place, and the words ``as referred to in 
Sec. 82.2(a) of this chapter, and'' are removed.

PART 71--GENERAL PROVISIONS

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

    Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, 
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 71.3  [Amended]

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


Sec. 71.7  [Amended]

    6. In Sec. 71.7, the heading is 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'' are 
removed and the words ``alleys, cages, and other equipment'' are added 
in their place.
    8. In Sec. 71.10, the section heading and paragraph (a) 
introductory text are 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:
* * * * *

PART 82--[AMENDED]

    9. The authority citation for part 82 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 
134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    10. Part 82 is 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)

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 (END)


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.

[[Page 56884]]

    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.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or 
State meat or poultry inspection acts.
    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 Emergency Programs, 
Veterinary Services, Animal and Plant Health Inspection Service, 
4700 River Road, Unit 41, Riverdale, MD 20737-1231, or by referring 
to the local telephone book.
    \2\ A copy of the protocols for END diagnostic tests may be 
obtained by writing to Emergency Programs, Veterinary Services, 
Animal and Plant Health Inspection Service, 4700 River Road Unit 41, 
Riverdale, MD 20737-1231. 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.

    (Approved by the Office of Management and Budget under control 
number 0579-0116)


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, or are from a flock of birds or 
poultry infected with END;
    (2) Litter used by or manure generated by birds or poultry, or a 
flock of birds or poultry, infected with END;
    (3) Any eggs from birds or poultry, or a flock of birds or poultry, 
infected with END;
    (4) Hatching eggs from flocks of birds or poultry exposed to END; 
and
    (5) Live birds or live poultry from flocks 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;

[[Page 56885]]

    (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 from 
flocks 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 Emergency Programs, 
Veterinary Services, Animal and Plant Health Inspection Service, 
4700 River Road Unit 41, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (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 Emergency 
Programs, Veterinary Services, Animal and Plant Health Inspection 
Service, 4700 River Road Unit 41, Riverdale, MD 203/737-1231, 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) If poultry, the poultry are moved interstate to a recognized 
slaughtering establishment 5 and are slaughtered within 24 hours 
of arrival at the recognized slaughtering establishment;
---------------------------------------------------------------------------

    \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) If birds other than poultry, the birds are moved to a site 
approved by the Administrator; and
    (7) The permit required by paragraph (b)(1) of this section is 
presented upon arrival at the recognized slaughtering establishment or 
approved site 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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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 
Sec. 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

[[Page 56886]]

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 to Sec. 82.5.
---------------------------------------------------------------------------

    (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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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;
    (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; and
    (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 from 
flocks 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 in accordance with the 
following conditions:
    (1) They are made of hard plastic or metal, and the other 
conditions of this section are met; or
    (2) They are made of a disposable material, such as cardboard, 
fiber, or waxed cardboard, are previously unused, and are disposed of 
by incineration without being reused after being moved interstate.
    (c) Before moving interstate any vehicles, cages, coops, 
containers, troughs, or other equipment described in paragraph (b)(1) 
of this section, 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.

---------------------------------------------------------------------------

[[Page 56887]]

    (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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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 dead birds 
or dead poultry from flocks 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 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. (Approved by the Office of Management and Budget under 
control number 0579-0116)


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

[[Page 56888]]

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, Veterinary Services, Animal and Plant Health 
Inspection Service, 4700 River Road, Riverdale, MD 20737-1231.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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; and
    (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; and
    (3) Spreading and turning under. Spreading and turning under of 
manure or litter may be used as a means of disposal only if carried out 
under the direct supervision of a Federal representative or a State 
representative. 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,

[[Page 56889]]

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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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 charge 
2 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 to Sec. 82.5.

(Approved by the Office of Management and Budget under control 
numbers 0579-0116 and 0579-0032)

[[Page 56890]]

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; and
    (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.

(Approved by the Office of Management and Budget under control 
numbers 0579-0116 and 0579-0032)


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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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 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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)


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 writing 
3 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.

(Approved by the Office of Management and Budget under control 
number 0579-0116)

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

    11. The authority citation for part 92 continues 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 2.22, 2.80, and 371.2(d).

PART 92--AMENDED

    12. The heading for part 92 is revised to read as set forth above:


Sec. 92.101  [Amended]

    13. Section 92.101 is amended as follows:
    a. In paragraph (c)(3)(i), the term ``ornithosis'' is removed and 
the term ``chlamydiosis'' is added in its place.
    b. In paragraph (g)(2), the words ``velogenic viscerotropic 
Newcastle disease (VVND)'' are removed and the words ``exotic Newcastle 
disease (END)'' are added in their place;
    c. The term ``VVND'' is removed and the term ``END'' is added in 
its place in the following places:
    i. Footnote 7 to paragraph (g)(2);

[[Page 56891]]

    ii. Paragraph (g)(3), each time it appears; and
    iii. Paragraph (g)(4).


Sec. 92.104  [Amended]

    14. Section 92.104 is 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]

    15. In Sec. 92.106, paragraph (c)(5)(iii), Cooperative and Trust 
Fund Agreement Between __________ (Name of Reporter) and the United 
States Department of Agriculture, Animal and Plant Health Inspection 
Service, is amended as follows:
    a. In paragraph (A)(17), the words ``velogenic viscerotropic 
Newcastle disease'' are removed and the words ``exotic Newcastle 
disease'' are added in their place; and
    b. The term ``VVND'' is removed and the term ``END'' is added in 
its place in the following places:
    i. Paragraph (B)(4); and
    ii. Paragraph (B)(5).


Sec. 92.209  [Amended]

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

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.

    17. The authority citation for part 94 continues 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 2.22, 2.80, and 371.2(d).

PART 94--AMENDED

    18. The heading for part 94 is revised to read as set forth above.
    19. In Sec. 94.0, the definition of Exotic Newcastle disease (VVND) 
is removed and a definition of Exotic Newcastle disease (END) is 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]

    20. Section 94.6 is amended as follows:
    a. The term ``VVND'' is removed and the term ``END'' is 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'' is 
removed and the term ``END'' is 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

    21. The authority citation for part 161 continues 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 2.22, 2.80, 
and 371.2(d).


Sec. 161.2  [Amended]

    22. In Sec. 161.2, paragraph (d)(6) is 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 29th day of October 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-28060 Filed 11-4-96; 8:45 am]
BILLING CODE 3410-34-P