[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Proposed Rules]
[Pages 11111-11117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6025]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / 
Proposed Rules  

[[Page 11111]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 145 and 147

[Docket No. 96-070-1]


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the National Poultry Improvement 
Plan (the Plan) and its auxiliary provisions by establishing new 
program classifications and providing new or modified sampling and 
testing procedures for Plan participants and participating flocks. The 
proposed changes were voted on and approved by the voting delegates at 
the Plan's 1994 and 1996 National Plan Conferences. These changes would 
keep the provisions of the Plan current with changes in the poultry 
industry and provide for the use of new sampling and testing 
procedures.

DATES: Consideration will be given only to comments received on or 
before May 12, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-070-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-070-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-
102, Conyers, GA 30207; (770) 922-3496.

SUPPLEMENTARY INFORMATION:

Background

    The National Poultry Improvement Plan (referred to below as ``the 
Plan'') is a cooperative Federal-State-industry mechanism for 
controlling certain poultry diseases. The Plan consists of a variety of 
programs intended to prevent and control egg-transmitted, hatchery-
disseminated poultry diseases. Participation in all Plan programs is 
voluntary, but flocks, hatcheries, and dealers must qualify as ``U.S. 
Pullorum-Typhoid Clean'' before participating in any other Plan 
program. Also, the regulations in 9 CFR part 82, subpart B, which 
provide for certain testing, restrictions on movement, and other 
restrictions on certain chickens, eggs, and other articles due to the 
presence of Salmonella enteritidis, require that no hatching eggs or 
newly hatched chicks from egg-type chicken breeding flocks may be moved 
interstate unless they are classified ``U.S. Sanitation Monitored'' 
under the Plan or they meet the requirements of a State classification 
plan that the Administrator of the Animal and Plant Health Inspection 
Service (APHIS) has determined to be equivalent to the Plan, in 
accordance with 9 CFR 145.23(d).
    The Plan identifies States, flocks, hatcheries, and dealers that 
meet certain disease control standards specified in the Plan's various 
programs. As a result, customers can buy poultry that has tested clean 
of certain diseases or that has been produced under disease-prevention 
conditions.
    The regulations in 9 CFR parts 145 and 147 (referred to below as 
the regulations) contain the provisions of the Plan. APHIS amends these 
provisions from time to time to incorporate new scientific information 
and technologies within the Plan. In this document, we are proposing to 
amend the regulations to:
    1. Standardize the time frame for the retesting of U.S. Pullorum-
Typhoid Clean breeding flocks retained for more than 12 months by 
requiring that the retesting take place a minimum of 4 weeks after the 
induction of molt.
    2. Establish a ``U.S. Salmonella Monitored'' program for primary 
meat-type chicken breeding flocks.
    3. Establish a ``U.S. M. Gallisepticum Monitored'' classification 
for multiplier meat-type chicken breeding flocks that are not 
participating in the ``U.S. M. Gallisepticum Clean'' classification.
    4. Establish a ``U.S. M. Synoviae Monitored'' classification for 
multiplier meat-type chicken breeding flocks that are not participating 
in the ``U.S. M. Synoviae Clean'' classification.
    5. Amend the ``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae 
Clean'' classifications for meat-type chicken breeding flocks by 
augmenting testing when adding (spiking) males.
    6. Add a procedure for swabbing or collecting chick papers for 
bacteriological examination for salmonella.
    7. Add a 4 to 6 week surveillance test for M. gallisepticum to the 
``U.S. M. Gallisepticum Clean'' classification for turkeys.
    8. Make the qualification test sample size for ``U.S. M. 
Meleagridis Clean'' consistent with that for the ``U.S. M. 
Gallisepticum Clean'' and ``U.S. M. Synoviae Clean'' classifications 
for turkeys.
    9. Simplify the description of the procedure for determining the 
status of flocks reacting to tests for M. gallisepticum, M. synoviae, 
and M. meleagridis.
    10. Amend the ``U.S. Sanitation Monitored, Turkeys'' classification 
to remove the requirement for the environmental sampling of a laying 
house following the removal of a flock from the house.
    11. Establish a ``U.S. M. Synoviae Clean'' classification for 
waterfowl, exhibition poultry and game birds.
    12. Raise from 75 to 150 the number of birds to be tested to 
qualify flocks for ``U.S. M. Synoviae Clean'' status.
    These proposed amendments, with the exception of number 12, are 
consistent with the recommendations approved by the voting delegates to 
the National Plan Conference that was held from June 30 to July 2, 
1996. Proposed amendment number 12 was approved by the voting delegates 
to the National Plan Conference that was held from June 26 to 28, 1994. 
Participants in the 1994 and 1996 National Plan Conferences represented 
flockowners, breeders, hatcherymen, and Official

[[Page 11112]]

State Agencies from all cooperating States. The proposed amendments are 
discussed in greater detail below.

Retesting of U.S. Pullorum-Typhoid Clean Breeding Flocks

    We are proposing to amend Secs. 145.23(b), 145.33(b), and 145.43(b) 
to provide a minimum time period before the retesting of a U.S. 
Pullorum-Typhoid Clean participating breeding flock that is retained 
for more than 12 months. The regulations in those sections currently 
set forth the criteria under which flocks may qualify for the U.S. 
Pullorum-Typhoid Clean classification and provide that flocks that are 
retained for more than 12 months shall be retested at the discretion of 
the Official State Agency with the concurrence of APHIS.
    As breeding flocks, including those retained for more than 12 
months, progress through a laying cycle, the shell quality of the eggs 
produced tends to deteriorate as calcium and other essential minerals 
are depleted from the laying birds. Flockowners may pause the laying 
cycle in these birds by inducing molt, which gives the birds the 
opportunity to replenish their levels of the depleted minerals. Thus, 
when the birds, which are referred to as recycled breeding birds, begin 
a new laying cycle, shell quality is back at the proper level.
    Research has shown that the stress of molting causes birds that are 
affected with salmonella to shed the organism at a higher rate than 
during the laying cycle, which means that the best opportunity to 
isolate the salmonella organism through testing will come following the 
induction of molt. Therefore, we are proposing to amend the 
requirements for the retesting of such flocks by requiring that 
recycled breeding birds be retested a minimum of 4 weeks after the 
induction of molt, rather than at the discretion of the Official State 
Agency with the concurrence of APHIS. This proposed change would 
standardize the retesting requirements for U.S. Pullorum-Typhoid Clean 
flocks retained for more than 12 months and ensure that the 
recertification of those flocks is based on testing conducted at a time 
when the salmonella organism is most likely to be isolated.

U.S. Salmonella Monitored Classification

    We are proposing to amend Sec. 145.33 to establish a ``U.S. 
Salmonella Monitored'' classification for primary meat-type chicken 
breeding flocks. The proposed new classification, like the existing 
``U.S. Sanitation Monitored'' classification available to primary meat-
type chicken breeding flocks, is intended to serve as a means for the 
prevention and control of Salmonellosis in hatching eggs and chicks 
through an effective and practical sanitation program at the breeder 
farm and in the hatchery.
    The proposed ``U.S. Salmonella Monitored'' classification differs 
from the existing ``U.S. Sanitation Monitored'' classification in two 
respects. First, the proposed new classification specifically calls for 
the collection of environmental samples at the hatchery from meconium 
and chick papers every 30 days; those samples would have to be examined 
bacteriologically at an authorized laboratory for salmonella. That 
proposed requirement, which is not required by the existing ``U.S. 
Sanitation Monitored'' classification, would provide for the continuous 
monitoring of the salmonella status of participating hatcheries.
    The proposed new classification also differs from the existing 
``U.S. Sanitation Monitored'' classification with regard to the use of 
vaccines. In the proposed ``U.S. Salmonella Monitored'' classification, 
owners of flocks would be allowed to vaccinate their flocks with a 
paratyphoid vaccine as a preventive measure, provided that a sample of 
350 birds remains unvaccinated to serve as sentinel birds. The sample 
of 350 unvaccinated birds would have to be banded for identification 
and remain unvaccinated until the flock reaches at least 4 months of 
age. Under the existing ``U.S. Sanitation Monitored'' classification, a 
flockowner may not vaccinate a flock unless the flock has been found to 
be infected with paratyphoid salmonella. The proposed new ``U.S. 
Salmonella Monitored'' classification, therefore, would give 
participating flockowners the opportunity to take a more aggressive 
approach to the prevention of Salmonellosis by allowing them to use 
vaccines before there is an indication of the presence of salmonella in 
a flock.

New M. Gallisepticum Monitored and M. Synoviae Monitored 
Classifications

    We are proposing to amend Sec. 145.33 to establish a ``U.S. M. 
Gallisepticum Monitored'' classification for meat-type chicken 
multiplier breeding flocks that are not participating in the ``U.S. M. 
Gallisepticum Clean'' classification and to establish a ``U.S. M. 
Synoviae Monitored'' classification for meat-type chicken multiplier 
breeding flocks that are not participating in the ``U.S. M. Synoviae 
Clean'' classification. Adding these two new ``monitored'' 
classifications would give flockowners the ability to participate in 
disease-monitoring programs for M. gallisepticum and M. synoviae 
without incurring the higher testing costs associated with the 
``clean'' classifications for those two diseases. The proposed new 
classifications would also allow official State agencies and the Plan 
to monitor the M. gallisepticum and M. synoviae status of flocks that 
would not otherwise be monitored for those diseases.
    Under both the proposed ``U.S. M. Gallisepticum Monitored'' and the 
proposed ``U.S. M. Synoviae Monitored'' classifications, flocks would 
be qualified by testing a sample of at least 20 birds per house for the 
classification's disease of concern (M. gallisepticum or M. synoviae, 
as the case may be) once the flock reaches at least 4 months of age. 
Once qualified, the flock's classification would be retained by 
additional tests for the disease of concern conducted on additional 20-
bird samples collected when the flock reaches 36 to 38 weeks and again 
at 48 to 50 weeks. Testing at this level would provide a basic level of 
monitoring for M. gallisepticum or M. synoviae within a flock but would 
not involve the higher expenses incurred by flockowners testing the 
larger samples required by the ``clean'' classifications for those two 
diseases. To help ensure that the samples of birds would be 
representative of all the birds in each house, half of the samples 
would have to be drawn from the front of the house and half of the 
samples would have to be drawn from the back. Additionally, the ratio 
of male to female birds in a sample would have to reflect the ratio of 
male to female birds in the house, and samples would have to be labeled 
accordingly. Requiring a representative number of male and female birds 
to be included in the sample would further ensure that the samples 
provide an accurate representation of the birds in the house.
    To help prevent the possible exposure of flocks in these 
``monitored'' classifications to disease from outside the flock, we 
would require participating flockowners handling U.S. M. Gallisepticum 
Monitored or U.S. M. Synoviae Monitored products (i.e., poultry 
breeding stock and hatching eggs, baby poultry, and started poultry) to 
keep those products separate from other products in a manner 
satisfactory to the Official State Agency. Because M. gallisepticum and 
M. synoviae are egg-transmitted diseases, we would further specify that 
chicks from the multiplier breeding flocks in these two ``monitored'' 
classifications would have

[[Page 11113]]

to be produced in incubators and hatchers in which only eggs from 
flocks with the same classification are set. This precaution would 
ensure that eggs from a monitored flock would not be set in the same 
incubator or hatcher as eggs from a flock that is not qualified under 
the ``U.S. M. Gallisepticum Monitored'' or ``U.S. M. Synoviae 
Monitored'' classifications. By that same token, we would also prohibit 
eggs from these monitored flocks from being set in hatchers or 
incubators where eggs from ``U.S. M. Gallisepticum Clean'' or ``U.S. M. 
Synoviae Clean'' primary breeding flocks are set, since the eggs from a 
monitored flock would be, from a disease-control perspective, of lesser 
status than eggs from a flock with clean status.
    As a final precaution, chicks from these monitored flocks would 
have to be boxed in clean boxes and delivered in trucks that had been 
cleaned and disinfected in order to minimize the possibility that the 
chicks could be exposed to disease during transport.

Testing of Additional Male Breeding Birds

    We are proposing to amend the ``U.S. M. Gallisepticum Clean'' and 
``U.S. M. Synoviae Clean'' classifications for meat-type chicken 
breeding flocks, Secs. 145.33(c) and 145.33(e), respectively, by adding 
a requirement for the testing of a sample of male birds prior to their 
addition to a participating multiplier breeding flock. Male birds are 
added to breeding flocks to augment the male fertility of the flock, 
which tends to decrease over time. Although the birds to be added must 
already be drawn from a qualified ``clean'' flock, we believe that 
testing a sample of those birds would serve as an additional safeguard 
to ensure that the new birds would not have a negative effect on the 
disease status of the flock to which they would be added.
    We would require that a sample of at least 3 percent of the birds 
to be added, with a minimum of 10 birds per pen, be tested for the 
classification's disease of concern (M. gallisepticum or M. synoviae) a 
minimum of 14 days prior to the date the birds were to be added to the 
flock. The birds would have to be tested using either a serologic test 
provided for by Sec. 145.14(b) or with a polymerase chain reaction 
(PCR)-based procedure approved by the Department as provided by 
Sec. 147.6. The male birds from which the sample was drawn would be 
considered to be affected with the disease if a serologic test yielded 
hemagglutination inhibition titers of 1:40 or higher or if the results 
of the PCR tested were positive. If such positive results were 
disclosed, the affected male birds could not be added to the flock and 
would have to be retested or destroyed in order to prevent the disease 
from spreading.

Use of Chick Papers

    We are proposing to amend Sec. 147.12 to add another environmental 
sampling procedure for use in monitoring for the presence of 
salmonella. Specifically, the proposed new procedure would provide for 
the collection of samples from chick box papers for bacterial 
examination. Chick box papers are used to line the bottom of chick 
boxes to catch the meconium droppings produced by the chicks. Chick 
boxes are used to transport baby poultry from the hatchery to the 
brooding house for grow-out.
    Under the proposed procedure, which would be added to the 
regulations as Sec. 147.12(c), the Plan participant would collect chick 
papers from one out of every ten boxes of chicks placed in a brooding 
house. The Plan participant would have the choice of collecting samples 
from the papers or sending the chick box papers to a laboratory where 
the samples would be collected. For Plan participants who choose to 
collect the samples, the proposed new procedure provides detailed 
instructions for preventing contamination of the samples, impregnating 
the sampling pads with double-strength skim milk, sampling the chick 
box papers, and sealing, storing, and transporting the samples. 
Likewise, the proposed procedures provide packing and transport 
instructions for those Plan participants who choose to send the chick 
box papers to the laboratory for sampling and culturing. In either 
case, the samples collected from the chick box papers would be cultured 
at the laboratory for the presence of salmonella.
    The collection of samples from chick box papers is, in essence, a 
smaller-scale version of the drag swab technique already used to 
collect environmental samples, which is described in Sec. 147.12(a)(3). 
Like the drag swab sampling, chick box paper sampling would help 
prevent the spread of salmonella in participating flocks by decreasing 
the likelihood of false negatives on flock screening tests and reducing 
the amount of time required for laboratory diagnoses.

Surveillance and Qualification Tests for Turkeys

    We are proposing to amend the procedures in Sec. 145.43(c) for the 
``U.S. M. Gallisepticum Clean'' classification for turkeys by adding a 
requirement for surveillance testing. Currently, to qualify a flock for 
the classification, a random sample of the birds in the flock must be 
tested when the birds are more than 12 weeks of age. To retain the 
classification, additional samples of 30 birds from male flocks and 60 
birds from female flocks must be tested when the birds in the flock are 
28 to 30 weeks of age. We are proposing to follow the week 30 test with 
continuing surveillance tests conducted every 4 to 6 weeks thereafter. 
The tests would be conducted on the same 30 male or 60 female sample 
size as the week 30 test and would provide a means of continually 
monitoring a turkey breeding flock throughout the laying cycle.
    We are also proposing to increase the sample size that must be 
tested to qualify a turkey flock under Sec. 145.43(d) for the ``U.S. M. 
Meleagridis Clean'' classification. We would increase the sample size, 
which currently is set at 60 birds, to 100 birds to make it consistent 
with the sample size used in the ``U.S. M. Gallisepticum Clean'' and 
``U.S. M. Synoviae Clean'' classifications and to provide flockowners 
with more representative samples of birds that would better reflect the 
M. meleagridis status of their flocks.

Status of Flocks

    We are proposing to amend Sec. 147.6 to simplify the description of 
the procedure that is used to determine the status of flocks that react 
to tests for M. gallisepticum, M. synoviae, or M. meleagridis. Plan 
participants have indicated that the current description of the 
procedure in Sec. 147.6 is somewhat confusing and difficult to 
interpret. We would, therefore, amend Sec. 147.6 to eliminate 
duplication and make the procedure easier to follow. The procedure 
itself, however, would not be substantively changed.

U.S. Sanitation Monitored, Turkeys, Classification

    We are proposing to amend the ``U.S. Sanitation Monitored, 
Turkeys'' classification by removing the requirement for the collection 
and examination of environmental samples from laying houses following 
the removal of a flock. We believe this requirement, which is currently 
located in Sec. 145.43(f)(7), could be removed because the regulations 
already provide for environmental samples to be collected and examined 
bacteriologically for salmonella when a flock is 12 to 20 weeks of age 
(Sec. 145.43(f)(4)) and again when the flock is 35 to 50 weeks of age 
and from each molted flock at midlay (Sec. 145.43(f)(6)).

[[Page 11114]]

Because that sampling and testing will have been conducted, and because 
a house from which a flock has been removed must be thoroughly cleaned 
and disinfected before a new flock may be placed in the house, we 
believe that further environmental sampling after a flock has been 
removed from a house is unnecessary.

U.S. M. Synoviae Clean Classification

    We are proposing to add a new Sec. 145.53(d) to establish a new 
``U.S. M. Synoviae Clean'' classification for waterfowl, exhibition 
poultry, and game bird breeding flocks. The classification would be 
given to qualifying waterfowl, exhibition poultry, and game bird 
breeding flocks that are free from M. synoviae and that are maintained 
in a manner that prevents M. synoviae from being introduced into the 
flock. The sampling, testing, and other criteria under which waterfowl, 
exhibition poultry, and game bird breeding flocks would qualify for the 
proposed ``U.S. M. Synoviae Clean'' classification would be the same as 
those used in the existing ``U.S. M. Synoviae Clean'' classifications 
for egg-type chickens (Sec. 145.23(e)) and meat-type chickens 
(Sec. 145.33(e)) and would serve the same purpose.

Miscellaneous

    We are also proposing to amend Sec. 145.10 by adding three new 
illustrative designs to represent the proposed new ``U.S. Salmonella 
Monitored,'' ``U.S. M. Gallisepticum Monitored,'' and ``U.S. M. 
Synoviae Monitored'' classifications discussed above.
    Finally, we are also proposing to correct an oversight dating back 
to the last time the regulations were amended. On March 21, 1996, we 
published a final rule in the Federal Register (61 FR 11515-11525, 
Docket No. 94-091-2) that amended the regulations to reflect the 
proposals adopted by the voting delegates to the Plan's 1994 biennial 
conference. One of those adopted proposals called, in part, for raising 
from 75 to 150 the minimum number of birds tested to qualify an egg-
type chicken or meat-type chicken multiplier breeding flock for ``U.S. 
M. Synoviae Clean'' status and raising from 50 to 75 the number of 
birds to be tested each 90 days for the flock to retain ``U.S. M. 
Synoviae Clean'' status. In the March 1995 final rule, as in the 
proposed rule that preceded it (60 FR 35343-35353, Docket No. 94-091-1, 
published July 7, 1995), the number of birds to be tested each 90 days 
was raised from 50 to 75, but we neglected to raise from 75 to 150 the 
number of birds to be tested to qualify flocks for ``U.S. M. Synoviae 
Clean'' status. Therefore, to correct that oversight, we are proposing 
in this document to amend Secs. 145.23(e)(1)(ii) and 145.33(e)(1)(ii) 
to require that a sample comprised of a minimum of 150 birds be tested 
for M. synoviae when the flock is more than 4 months of age to qualify 
egg-type chicken and meat-type chicken multiplier breeding flocks for 
the ``U.S. M. Synoviae Clean'' classification. Increasing the sample 
size would provide flockowners with more representative samples of 
birds that would better reflect the M. synoviae status of their flocks.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    The proposed changes contained in this document are based on the 
recommendations of representatives of member States, hatcheries, 
dealers, flockowners, and breeders who took part in the Plan's 32nd 
Biennial Conference. The proposed changes would amend the Plan and its 
auxiliary provisions by establishing new program classifications and 
providing new or modified sampling and testing procedures for Plan 
participants and participating flocks. These changes would keep the 
provisions of the Plan current with changes in the poultry industry and 
provide for the use of new sampling and testing procedures.
    The Plan serves as a ``seal of approval'' for egg and poultry 
producers in the sense that tests and procedures recommended by the 
Plan are considered optimal for the industry. In all cases, the changes 
proposed in this document have been generated by the industry itself 
with the goal of reducing disease risk and increasing product 
marketability.
    Because participation in the Plan is voluntary, individuals are 
likely to remain in the program as long as the costs of implementing 
the program are lower than the added benefits they receive from the 
program. Nine of the 12 proposed amendments involve minor procedural 
changes that would have negligible economic consequences. Plan 
participants could realize some cost savings because the testing 
requirements for the proposed new ``U.S. M. Gallisepticum Monitored'' 
and ``U.S. M. Synoviae Monitored'' classifications are not as stringent 
as the testing requirements for the ``clean'' classifications for M. 
gallisepticum and M. synoviae. These savings would, however, likely be 
offset by the proposed amendments to the ``U.S. M. Gallisepticum 
Clean'' and ``U.S. M. Synoviae Clean'' programs that would require 
additional tests for meat-type chicken breeding flocks when spiking 
males are introduced. Of the 3,979 pullorum-typhoid clean flocks 
currently participating in the Plan, 2,842 flocks are classified as 
``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae Clean;'' the 
remaining 1,137 flocks are eligible for the proposed new ``U.S. M. 
Gallisepticum Monitored'' and ``U.S. M. Synoviae Monitored'' programs. 
However, because participation in Plan programs is voluntary, the 
Agency could not estimate the number of producers who may participate 
in the two proposed new ``monitored'' classifications or use the new 
tests.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Parts 145 and 147

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

    Accordingly, 9 CFR parts 145 and 147 would be amended as follows:

[[Page 11115]]

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

    1. The authority citation for part 145 would continue to read as 
follows:

    Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).

    2. Section 145.10 would be amended as follows:
    a. In paragraph (e), the words ``and Sec. 145.43(e)'' would be 
removed and the words ``145.43(e), and Sec. 145.53(d)'' would be added 
in their place.
    b. New paragraphs (o), (p), and (q) would be added to read as set 
forth below.


Sec. 145.10  Terminology and classification; flocks, products, and 
States.

* * * * *

BILLING CODE 3410-34-P

    (o) U.S. Salmonella Monitored. (See Sec. 145.33(i).)
    [GRAPHIC] [TIFF OMITTED] TP11MR97.000
    

    (p) U.S. M. Gallisepticum Monitored. (See Sec. 145.33(j).)
    [GRAPHIC] [TIFF OMITTED] TP11MR97.001
    

    (q) U.S. M. Synoviae Monitored. (See Sec. 145.33(k).)
    [GRAPHIC] [TIFF OMITTED] TP11MR97.002
    

BILLING CODE 3410-34-C


Sec. 145.23  [Amended]

    3. Section 145.23 would be amended as follows:
    a. In paragraph (b), in the introductory text, the words ``at the 
discretion of the official State agency with the concurrence of the 
Service'' would be removed and the words ``conducted a minimum of 4 
weeks after the induction of molt'' would be added in their place.
    b. In paragraph (e)(1)(ii), in the introductory text, the words 
``75 birds'' would be removed and the words ``150 birds'' would be 
added in their place.
    4. Section 145.33 would be amended as follows:
    a. In paragraph (b), in the introductory text, the words ``at the 
discretion of the official State agency with the concurrence of the 
Service'' would be removed and the words ``conducted a minimum of 4 
weeks after the induction of molt'' would be added in their place.
    b. A new paragraph (c)(4) would be added to read as set forth 
below.
    c. In paragraph (e)(1)(ii), in the introductory text, the words 
``75 birds'' would be removed and the words ``150 birds'' would be 
added in their place.
    d. A new paragraph (e)(4) would be added to read as set forth 
below.
    e. New paragraphs (i), (j), and (k) would be added to read as set 
forth below.


Sec. 145.33  Terminology and classification; flocks and products.

* * * * *
    (c) *  *  *
    (4) Before male breeding birds may be added to a participating 
multiplier breeding flock, a sample of at least 3 percent of the birds 
to be added, with a minimum of 10 birds per pen, shall be tested for M. 
gallisepticum as provided in Sec. 145.14(b) or by a polymerase chain 
reaction (PCR)-based procedure approved by the Department. The male 
birds shall be tested no more than 14 days prior to their intended 
introduction into the flock. If the serologic testing of the birds 
yields hemagglutination inhibition titers of 1:40 or higher, or if the 
PCR testing is positive for M. gallisepticum, the male birds may not be 
added to the flock and must be either retested or destroyed.
* * * * *
    (e) *  *  *
    (4) Before male breeding birds may be added to a participating 
multiplier breeding flock, a sample of at least 3 percent of the birds 
to be added, with a minimum of 10 birds per pen, shall be tested for M. 
synoviae as provided in Sec. 145.14(b) or by a polymerase chain 
reaction (PCR)-based procedure approved by the Department. The male 
birds shall be tested no more than 14 days prior to their intended 
introduction into the flock. If the serologic testing of the birds 
yields hemagglutination inhibition titers of 1:40 or higher, or if the 
PCR testing is positive for M. synoviae, the male birds may not be 
added to the flock and must be either retested or destroyed.
* * * * *
    (i) U.S. Salmonella Monitored. This program is intended to be the 
basis from which the breeding-hatching industry may conduct a program 
for the prevention and control of Salmonellosis. It is intended to 
reduce the incidence of Salmonella organisms in hatching eggs and 
chicks through an effective and practical sanitation program at the 
breeder farm and in the hatchery. This will afford other segments of 
the poultry industry an opportunity to reduce the incidence of 
Salmonella in their products.
    (1) A flock and the hatching eggs and chicks produced from it that 
have met the following requirements, as determined by the Official 
State Agency:
    (i) The flock shall originate from a source where sanitation and 
management practices, as outlined in Sec. 145.33(d)(1), are conducted;
    (ii) The flock is maintained in compliance with Secs. 147.21, 
147.24(a), and 147.26 of this chapter;
    (iii) If feed contains animal protein, the protein products should 
be purchased from participants in the Animal Protein Products Industry 
(APPI) Salmonella Education/Reduction Program. The protein products 
must have a minimum moisture content of 14.5 percent and must have been 
heated throughout to a minimum temperature of 190  deg.F or above, or 
to a minimum temperature of 165  deg.F for at least 20 minutes, or to a 
minimum temperature of 184  deg.F under 70 lbs. pressure during the 
manufacturing process;
    (iv) Feed shall be stored and transported in a manner to prevent 
possible contamination;

[[Page 11116]]

    (v) Chicks shall be hatched in a hatchery meeting the requirements 
of Secs. 147.23 and 147.24(b) and sanitized or fumigated (see 
Sec. 147.25 of this chapter).
    (vi) An Authorized Agent shall take environmental samples from the 
hatchery every 30 days; i.e., meconium and chick papers. An authorized 
laboratory for Salmonella shall examine the samples bacteriologically;
    (vii) An Authorized Agent shall take environmental samples as 
described in Sec. 147.12 of this chapter from each flock at 4 months of 
age and every 30 days thereafter. An authorized laboratory for 
Salmonella shall examine the environmental samples bacteriologically;
    (viii) Owners of flocks may vaccinate with a paratyphoid vaccine: 
Provided, That a sample of 350 birds, which will be banded for 
identification, shall remain unvaccinated until the flock reaches at 
least 4 months of age.
    (2) The Official State Agency may use the procedures described in 
Sec. 147.14 of this chapter to monitor the effectiveness of the egg 
sanitation practices.
    (3) In order for a hatchery to sell products of this 
classification, all products handled shall meet the requirements of the 
classification.
    (4) This classification may be revoked by the Official State Agency 
if the participant fails to follow recommended corrective measures.
    (j) U.S. M. Gallisepticum Monitored. (1) A multiplier breeding 
flock in which all birds or a sample of at least 20 birds per house has 
been tested for M. gallisepticum as provided in Sec. 145.14(b) when 
more than 4 months of age: Provided, That to retain this 
classification, a minimum of 20 birds per house shall be tested again 
at 36 to 38 weeks and at 48 to 50 weeks at a minimum: And provided 
further, That each 20-bird sample should come from two locations within 
the house (10 from the front half of the house and 10 from the back 
half of the house). A representative sample of males and females should 
be sampled. The samples shall be marked ``male'' or ``female.''
    (2) A participant handling U.S. M. Gallisepticum Monitored products 
shall keep these products separate from other products in a manner 
satisfactory to the Official State Agency: Provided, That U.S. M. 
Gallisepticum Monitored chicks from multiplier breeding flocks shall be 
produced in incubators and hatchers in which only eggs from flocks 
qualified under paragraph (j)(1) of this section are set. Eggs from 
U.S. M. Gallisepticum Monitored multiplier breeding flocks shall not be 
set in hatchers or incubators in which eggs from U.S. M. Gallisepticum 
Clean primary breeding flocks qualified under paragraph (c)(1)(i) of 
this section are set.
    (3) U.S. M. Gallisepticum Monitored chicks shall be boxed in clean 
boxes and delivered in trucks that have been cleaned and disinfected as 
described in Sec. 147.24(a) of this chapter.
    (k) U.S. M. Synoviae Monitored. (1) A multiplier breeding flock in 
which all birds or a sample of at least 20 birds per house has been 
tested for M. synoviae as provided in Sec. 145.14(b) when more than 4 
months of age: Provided, That to retain this classification, a minimum 
of 20 birds per house shall be tested again at 36 to 38 weeks and at 48 
to 50 weeks at a minimum: And provided further, That each 20-bird 
sample should come from two locations within the house (10 from the 
front half of the house and 10 from the back half of the house). A 
representative sample of males and females should be sampled. The 
samples shall be marked ``male'' or ``female.''
    (2) A participant handling U.S. M. Synoviae Monitored products 
shall keep these products separate from other products in a manner 
satisfactory to the Official State Agency: Provided, That U.S. M. 
Synoviae Monitored chicks from multiplier breeding flocks shall be 
produced in incubators and hatchers in which only eggs from flocks 
qualified under paragraph (k)(1) of this section are set. Eggs from 
U.S. M. Synoviae Monitored multiplier breeding flocks shall not be set 
in hatchers or incubators in which eggs from U.S. M. Synoviae Clean 
primary breeding flocks qualified under paragraph (e)(1)(i) of this 
section are set.
    (3) U.S. M. Synoviae Monitored chicks shall be boxed in clean boxes 
and delivered in trucks that have been cleaned and disinfected as 
described in Sec. 147.24(a) of this chapter.

(Approved by the Office of Management and Budget under control 
number 0579-0007)


Sec. 145.43  [Amended]

    5. Section 145.43 would be amended as follows:
    a. In paragraph (b), in the introductory text, the words ``at the 
discretion of the official State agency with the concurrence of the 
Service'' would be removed and the words ``conducted a minimum of 4 
weeks after the induction of molt'' would be added in their place.
    b. In paragraph (c)(1), at the end of the paragraph, the words 
``and at 4-6 week intervals thereafter'' would be added immediately 
after the words ``28-30 weeks of age''.
    c. In paragraph (d)(1)(i), the words ``60 birds'' would be removed 
and the words ``100 birds'' would be added in their place.
    d. In paragraph (d)(2), at the end of the second sentence, the 
words ``of this chapter'' would be added immediately after the citation 
``Sec. 147.6(b)''.
    e. Paragraph (f)(7) would be removed and paragraph (f)(8) would be 
redesignated as paragraph (f)(7).
    6. Section 145.53 would be amended by adding a new paragraph (d) to 
read as follows:


Sec. 145.53  Terminology and classification; flocks and products.

* * * * *
    (d) U.S. M. Synoviae Clean. (1) A flock maintained in compliance 
with the provisions of Sec. 147.26 of this chapter and in which freedom 
from Mycoplasma synoviae has been demonstrated under the criteria 
specified in paragraph (d)(1)(i) or (d)(1)(ii) of this section.
    (i) It is a flock in which a minimum of 300 birds has been tested 
for M. synoviae as provided in Sec. 145.14(b) when more than 4 months 
of age: Provided, That to retain this classification, a sample of at 
least 150 birds shall be tested at intervals of not more than 90 days: 
And provided further, That a sample comprised of fewer than 150 birds 
may be tested at any one time with the approval of the Official State 
Agency and the concurrence of the Service, provided that a minimum of 
150 birds is tested within each 90-day period; or
    (ii) It is a multiplier breeding flock that originated as U.S. M. 
Synoviae Clean chicks from primary breeding flocks and from which a 
sample comprised of a minimum of 75 birds has been tested for M. 
synoviae as provided in Sec. 145.14(b) when more than 4 months of age: 
Provided, That to retain this classification, the flock shall be 
subjected to one of the following procedures:
    (A) At intervals of not more than 90 days, a sample of 50 birds 
shall be tested: Provided, That a sample of fewer than 50 birds may be 
tested at any one time, provided that a minimum of 30 birds per flock 
with a minimum of 15 birds per pen, whichever is greater, is tested 
each time and a total of at least 50 birds is tested within each 90-day 
period; or
    (B) At intervals of not more than 30 days, egg yolk testing shall 
be conducted in accordance with Sec. 147.8 of this chapter.
    (2) A participant handling U.S. M. Synoviae Clean products shall 
keep those products separate from other products in a manner 
satisfactory to the Official State Agency: Provided, That

[[Page 11117]]

U.S. M. Synoviae Clean chicks from primary breeding flocks shall be 
produced in incubators and hatchers in which only eggs from flocks 
qualified under paragraph (d)(1)(i) or (d)(1)(ii) of this section are 
set.
    (3) U.S. M. Synoviae Clean chicks shall be boxed in clean boxes and 
delivered in trucks that have been cleaned and disinfected as described 
in Sec. 147.24(a) of this chapter.

(Approved by the Office of Management and Budget under control 
number 0579-0007)

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

    7. The authority citation for part 147 would continue to read as 
follows:

    Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).

    8. Section 147.6 would be amended as follows:
    a. Paragraph (a) would be removed and paragraph (b) would be 
redesignated as paragraph (a).
    b. The introductory text of newly redesignated paragraph (a) would 
be revised to read as set forth below.
    c. In newly redesignated paragraph (a)(2), the words ``paragraphs 
(b)(3), (b)(4), and (b)(5)'' would be removed and the words 
``paragraphs (a)(3), (a)(4), and (a)(5)'' would be added in their 
place.
    d. In newly redesignated paragraphs (a)(3), (a)(4), (a)(5), (a)(9), 
and (a)(10), the words ``paragraph (b)(6)'' would be removed and the 
words ``paragraph (a)(6)'' would be added in their place.
    e. In newly redesignated paragraph (a)(5), in the first sentence, 
the words ``in conjunction with any of the criteria described in 
paragraph (a)(1) of this section,'' would be removed and, in the second 
sentence, the words ``but none of the criteria described in paragraph 
(a)(1) of this section are evident,'' would be removed.
    f. In newly redesignated paragraph (a)(13), the word ``both'' would 
be removed.
    g. A new paragraph (b) would be added and reserved.


Sec. 147.6  Procedure for determining the status of flocks reacting to 
tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma 
meleagridis.

* * * * *
    (a) The status of a flock for Mycoplasma shall be determined 
according to the following criteria:
* * * * *
    9. Section 147.12 would be amended by adding a new paragraph (c) to 
read as follows:


Sec. 147.12  Procedures for collecting environmental samples and 
cloacal swabs for bacteriological examination.

* * * * *
    (c) Chick box papers. Samples from chick box papers may be 
bacteriologically examined for the presence of salmonella. The Plan 
participant may collect the samples in accordance with paragraph (c)(1) 
of this section or submit chick box papers directly to a laboratory in 
accordance with paragraph (c)(2) of this section.
    (1) Instructions for collecting samples from chick box papers:
    (i) Collect 1 chick box paper for each 10 boxes of chicks placed in 
a house and lay the papers on a clean surface.
    (ii) Clean your hands and put on latex gloves. Do not apply 
disinfectant to the gloves. Change gloves after collecting samples from 
10 chick box papers or any time a glove is torn.
    (iii) Saturate a sterile 3-by-3 inch gauze pad with double-strength 
skim milk (see footnote 11 to this section) and rub the pad across the 
surface of five chick box papers. Rub the pad over at least 75 percent 
of each paper and use sufficient pressure to rub any dry meconium off 
the paper. Pouring a small amount of double-strength skim milk (1 to 2 
tablespoons) on each paper will make it easier to collect samples.
    (iv) After collecting samples from 10 chick box papers, place the 
two gauze pads used to collect the samples (i.e., one pad per 5 chick 
box papers) into an 18 oz. Whirl-Pak bag and add 1 to 2 tablespoons of 
double-strength skim milk.
    (v) Promptly refrigerate the Whirl-Pak bags containing the samples 
and transport them, on ice or otherwise refrigerated, to a laboratory 
within 48 hours of collection. The samples may be frozen for longer 
storage if the Plan participant is unable to transport them to a 
laboratory within 48 hours.
    (2) The Plan participant may send chick box papers directly to a 
laboratory, where samples may be collected as described in paragraph 
(c)(1) of this section. To send chick box papers directly to a 
laboratory, the Plan participant shall:
    (i) Collect 1 chick box paper for each 10 boxes of chicks placed in 
a house and place the chick papers immediately into large plastic bags 
and seal the bags.
    (ii) Place the plastic bags containing the chick box papers in a 
clean box and transport them within 48 hours to a laboratory. The 
plastic bags do not require refrigeration.

(Approved by the Office of Management and Budget under control 
number 0579-0007)

    Done in Washington, DC, this 4th day of March 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-6025 Filed 3-10-97; 8:45 am]
BILLING CODE 3410-34-P