[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Rules and Regulations]
[Pages 40008-40010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19997]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 145

[Docket No. 97-043-2]


National Poultry Improvement Plan; Special Provisions for Ostrich 
Breeding Flocks and Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the National Poultry Improvement Plan (the 
Plan) to provide for the participation of ostrich breeding flocks in 
the provisions of the Plan. The addition of provisions for ostrich 
breeding flocks to the Plan was voted on and approved by the voting 
delegates at the Plan's 1996 National Plan Conference. Adding 
provisions for ostriches to the Plan will make it possible for the 
owners of ostrich flocks to voluntarily participate in the Plan's 
programs for the prevention and control of egg-transmitted, hatchery-
disseminated poultry diseases.

EFFECTIVE DATE: August 26, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1498 Klondike Road, Suite 200, 
Conyers, GA 30094-5104; (770) 922-3496; E-mail: [email protected].

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 C, which provide for 
certain testing, restrictions on movement, and other restrictions on 
certain chickens, eggs, and other articles due to the presence of 
Salmonella enteritidis, require that no hatching eggs or newly hatched 
chicks from egg-type chicken breeding flocks may be moved interstate 
unless they are classified U.S. S. Enteritidis Monitored under the 
Plan, or they meet the requirements of a State classification plan that 
the Administrator of the Animal and Plant Health Inspection Service 
(APHIS) has determined to be equivalent to the Plan, in accordance with 
9 CFR 145.23(d).
    The Plan identifies States, flocks, hatcheries, and dealers that 
meet certain disease control standards specified in the Plan's various 
programs. As a result, customers can buy poultry that has tested clean 
of certain diseases or that has been produced under disease-prevention 
conditions.
    The regulations in 9 CFR part 145 (referred to below as the 
regulations) contain the general provisions of the Plan (subpart A, 
Secs. 145.1 through 145.14) and special provisions regarding the 
participation of breeding flocks of egg-type chickens (subpart B, 
Secs. 145.21 through 145.24), meat-type chickens (subpart C, 
Secs. 145.31 through 145.34), turkeys (subpart D, Secs. 145.41 through 
145.44), and waterfowl, exhibition poultry, and game birds (subpart E, 
Secs. 145.51 through 145.54).
    On March 12, 1998, we published in the Federal Register (63 FR 
12036-12040, Docket No. 97-043-1) a proposal to amend the regulations 
to add a new subpart F to provide for the participation of ostrich 
breeding flocks and their products. That proposed amendment had been 
recommended by the voting delegates to the National Plan Conference 
that was held from June 30 to July 2, 1996.
    We solicited comments concerning our proposal for 60 days ending 
May 11, 1998. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we are adopting the proposed rule 
as a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866

[[Page 40009]]

and, therefore, has not been reviewed by the Office of Management and 
Budget.
    This rule amends the Plan to provide for the participation of 
ostrich breeding flocks in the provisions of the Plan. Adding 
provisions for ostriches to the Plan will make it possible for the 
ostrich flocks to voluntarily participate in the Plan's programs for 
the prevention and control of egg-transmitted, hatchery-disseminated 
poultry diseases. The changes contained in this document are based on 
the recommendations of representatives of member States, hatcheries, 
dealers, flockowners, and breeders who took part in the Plan's 1996 
National Plan Conference.
    The Plan serves as a ``seal of approval'' for egg and poultry 
producers in the sense that tests and procedures recommended by the 
Plan are considered optimal for the industry. In all cases, the changes 
have been generated by the industry itself with the goal of reducing 
disease risk and increasing product marketability.
    According to industry estimates, there were approximately 350,000 
to 500,000 ostriches of all ages in the United States in 1995. There 
were approximately 371,000 ostrich chicks hatched during the same 
period. In comparison, within the chicken industry, about 8,324 million 
chicks (broiler and meat type) were hatched by commercial hatcheries, 
with a total value to the poultry industry was about $17.2 billion in 
1995. Thus, the ostrich industry, in comparison to the rest of the 
poultry industry, is very small.
    Although participation in the Plan is voluntary, 99 percent of 
poultry breeders and hatcheries are participants in the Plan and 
benefit from various aspects of the program. There are several economic 
and other advantages that will accrue to ostrich breeders and 
hatcheries if they participate in the Plan as a result of this rule.
    If the bulk of ostrich producers participate in the Plan, their 
implementation of the Plan's management practices can be expected to 
raise, or at least maintain, the level of health of ostriches in the 
United States. Wide membership will also provide a voice for the 
ostrich industry with regard to regulatory control of infectious 
poultry diseases that affect ostriches.
    Allowing ostrich flocks to participate in the Plan may validate the 
ostrich industry in the eyes of the public and of the agricultural 
industry as whole, so participating flockowners could anticipate some 
potential advancement in the marketability of ostriches and ostrich 
products throughout the country. To those interested in acquiring 
ostriches or their products, it may be reassuring to know that these 
are from breeders and hatcheries that are participants in the Plan. 
Similarly, overseas importers may be more at ease knowing the ostriches 
and products are derived from flocks that are part of the Plan. We 
believe that it will be advantageous to those who raise ostriches and 
to the poultry industry as a whole, as well as to APHIS, that as many 
producers of poultry and poultry products, including ostriches, 
participate in the Plan and follow the standards developed and 
practiced by Plan participants.
    Because participation in any Plan program is voluntary, individuals 
are likely to continue in the program only as long as the benefits they 
receive from the program outweigh the costs of their participation. 
Tests and procedures recommended by the Plan are considered optimal for 
the industry. Any increased cost to ostrich breeders and hatcheries for 
the detection and prevention programs will be minor compared to the 
losses that each producer could bear in case of undetected disease 
spread. Furthermore, the number of birds required to be tested is small 
compared to the size of flocks within the industry. The costs of 
conducting tests, as well as the cost of specific antigens used to 
detect specific diseases, are modest. For example, the cost of 
performing Pullorum-Typhoid plate test averages between $0.04 and $0.08 
per bird. The cost of Mycoplasma gallisepticum plate test antigen is 
$0.10 per plate test, while the cost of antigen for each pullorum-
typhoid plate test is $0.08. In many States, pullorum testing is 
provided for free. Although the cost for the laboratory testing of 
blood samples from ostriches will not differ significantly from the 
cost of testing blood samples from other poultry, the process of 
obtaining blood samples from ostriches may require more resources than 
for other birds. Applying these costs to the small sizes of the ostrich 
flocks, and comparing the total potential losses that individual 
producers could incur as a result of the loss of some or all of their 
flock due to disease, the cost of testing a small number of birds would 
be minor.
    Because participation in the Plan is not mandatory, it is not clear 
how many owners of ostriches will join the program. However, there are 
about 7,380 flockowners, owning on average between 50 and 70 ostriches 
each, who may potentially join. The potential entry of the ostrich 
flocks into the Plan is not be expected to change the supply and demand 
conditions in the market for poultry of any type, including ostriches; 
as a result, changes in prices are not anticipated. Finally, since the 
additional costs will be minor and could be expected to be balanced out 
by the benefits, we have concluded that this rule is unlikely to have 
any significant impact on producers or consumers. Including ostrich 
flocks in the Plan will not likely result in any significant change in 
program operations.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

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

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this rule have been approved by 
the Office of Management and Budget (OMB) under OMB control number 
0579-0007.

List of Subjects in 9 CFR Part 145

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

    Accordingly, 9 CFR part 145 is amended as follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

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

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

Sec. 145.1   [Amended]

    2. In Sec. 145.1, the definition of poultry is amended by adding 
the word ``ostriches,'' immediately after the word ``turkeys,''.

[[Page 40010]]

Sec. 145.3   [Amended]

    3. In Sec. 145.3, in the introductory text of paragraph (c), the 
second sentence is amended by adding the words ``or, in the case of 
ostriches, before the birds reach 20 months of age'' immediately after 
the word ``age''.


Sec. 145.5   [Amended]

    4. In Sec. 145.5, paragraph (c) is amended by removing the words 
``or E'' and adding the words ``E, or F'' in their place.


Sec. 145.10   [Amended]

    5. In Sec. 145.10, the introductory text of the section is amended 
by removing the words ``or E'' and adding the words ``E, or F'' in 
their place, and paragraph (b) is amended by removing the words ``and 
Sec. 145.53(b)'' and adding the words ``Sec. 145.53(b), and 
Sec. 145.63(a)'' in their place.


Sec. 145.14  [Amended]

    6. In Sec. 145.14, in the introductory text of the section, the 
first sentence is amended by adding the words ``, and ostriches blood 
tested under subpart F must be more than 12 months of age'' immediately 
after the word ``first''.
    7. In Sec. 145.14, paragraph (a)(5) is amended by removing the 
words ``and 145.53'' and adding the words ``, 145.53, and 145.63'' in 
their place.
    8. A new subpart F is added to read as follows:

Subpart F--Special Provisions for Ostrich Breeding Flocks and Products

145.61  Definitions.
145.62  Participation.
145.63  Terminology and classification; flocks and products.

Subpart F--Special Provisions for Ostrich Breeding Flocks and 
Products


Sec. 145.61   Definitions.

    Except where the context otherwise requires, for the purposes of 
this subpart the following terms shall be construed, respectively, to 
mean:
    Ostrich. Birds of the species Struthio camelus, including all 
subspecies and subspecies hybrids.


Sec. 145.62  Participation.

    Participating flocks of ostriches, and the eggs and chicks produced 
from them, shall comply with the applicable general provisions of 
subpart A of this part and the special provisions of this subpart.
    (a) Started poultry shall lose their identity under Plan 
terminology when not maintained by Plan participants under the 
conditions prescribed in Sec. 145.5(a).
    (b) Hatching eggs produced by primary breeding flocks shall be 
fumigated or otherwise sanitized (see Sec. 147.22 of this chapter).


Sec. 145.63  Terminology and classification; flocks and products.

    Participating flocks, and the eggs and baby poultry produced from 
them, that have met the respective requirements specified in this 
section may be designated by the following terms and their 
corresponding designs illustrated in Sec. 145.10.
    (a) U.S. Pullorum-Typhoid Clean. A flock in which freedom from 
pullorum and typhoid has been demonstrated to the Official State Agency 
under the criteria in paragraph (a)(1) or (a)(2) of this section. (See 
Sec. 145.14(a) relating to the official blood test for pullorum-typhoid 
where applicable.)
    (1) It has been officially blood tested within the past 12 months 
with no reactors.
    (2) It is a multiplier or primary breeding flock in which a sample 
of each bird in flocks of 30 or fewer birds, a minimum of 30 birds from 
flocks up to 300 birds, or 10 percent of all birds from flocks 
exceeding 300 birds has been officially tested for pullorum-typhoid 
within the past 12 months with no reactors: Provided, That a 
bacteriological examination monitoring program for ostriches acceptable 
to the Official State Agency and approved by the Service may be used in 
lieu of annual blood testing: And provided further, That when a flock 
is a multiplier breeding flock located in a State which has been deemed 
to be a U.S. Pullorum-Typhoid Clean State for the past 3 years, and 
during which time no isolation of pullorum or typhoid has been made 
that can be traced to a source in that State, a bacteriological 
examination monitoring program or a serological examination monitoring 
program acceptable to the Official State Agency and approved by the 
Service may be used in lieu of annual blood testing.
    (b) [Reserved]

    Done in Washington, DC, this 22nd day of July 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-19997 Filed 7-24-98; 8:45 am]
BILLING CODE 3410-34-P