[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Rules and Regulations]
[Pages 13064-13065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6491]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 52

[Docket No. 98-123-3]
RIN 0579-AB10


Pseudorabies in Swine, Payment of Indemnity; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; technical amendment and notice of extension of 
comment period.

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SUMMARY: In an interim rule published in the Federal Register on 
January 15, 1999, and effective as of January 12, 1999, we established 
animal health regulations to provide for the payment of indemnity by 
the United States Department of Agriculture for the voluntary 
depopulation of herds of swine known to be infected with pseudorabies. 
Although we provided in our interim rule that a premises that has been 
depopulated of swine may not be restocked for at least 30 days 
following cleaning and disinfection, it was our intent to also allow an 
official pseudorabies epidemiologist to allow restocking in less than 
30 days or to require a waiting period longer than 30 days as warranted 
or necessary. In this amendment we are clarifying that intent.

DATES: This amendment is effective March 11, 1999. We invite you to 
comment on Docket No. 98-123-2 as amended by this docket. We will 
consider all comments that we receive by April 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
123-2, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 98-123-2.
    You may read any comments that we receive on these dockets in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff 
Veterinarian, VS, APHIS, 4700 River Road Unit 41, Riverdale, MD 20737-
1231; (301) 734-8073.

SUPPLEMENTARY information:
    Background
    In an interim rule published in the Federal Register on January 15, 
1999, and effective as of January 12, 1999 (64 FR 2545-2550, Docket No. 
98-123-2), we established animal health regulations to provide for the 
payment of indemnity by the United States Department of Agriculture for 
the voluntary depopulation of herds of swine known to be infected with 
pseudorabies. Although we provided in our interim rule that a premises 
that has been depopulated of swine may not be restocked for at least 30 
days following cleaning and disinfection of the premises, it was our 
intent to allow an official pseudorabies epidemiologist to allow 
restocking in less than 30 days or to require a waiting period longer 
than 30 days before restocking.
    We included the 30-day waiting period in the interim rule in order 
to ensure that the vacated premises was completely free of the 
pseudorabies virus before being repopulated with

[[Page 13065]]

healthy animals. Generally, we consider 30 days to be a sufficient 
amount of time for the elimination of any pseudorabies virus that might 
remain on the premises after cleaning and disinfection. However, a 
premises that has been adequately cleaned and disinfected may, in some 
cases, not need a 30-day waiting period to ensure that the virus has 
been eliminated. Conversely, it is possible that it might not be 
entirely safe to restock a premises until more than 30 days have 
elapsed following cleaning and disinfection.
    It was our intent to allow an official pseudorabies epidemiologist 
familiar with the individual premises and the cleaning and disinfection 
done on that premises to determine whether any reduction or addition to 
the 30-day waiting period was warranted or advisable for that premises. 
Therefore, we are adding language to Sec. 52.4 to clarify that intent.
    This technical amendment is consistent with procedures outlined in 
our ``State-Federal-Industry Program Standards for Pseudorabies 
Eradication.'' (A copy of the standards can be obtained by contacting 
the person listed above under FOR FURTHER INFORMATION CONTACT.) At the 
onset of our accelerated pseudorabies eradication program, we advised 
States participating in the eradication program that we would proceed 
in accordance with our existing program standards. The language we are 
adding to the regulations is consistent with the existing standards.
    Comments sent to us on our January 15, 1999, interim rule (Docket 
No. 98-123-2) were required to be received on or before March 16, 1999. 
To allow the public enough time to comment on this technical amendment 
as it relates to the interim rule, we are extending the period during 
which we will accept comments on Docket No. 98-123-2.

List of Subjects in 9 CFR Part 52

    Animal diseases, Pseudorabies, Swine, Indemnity payments, 
Transportation.
    Accordingly, we are amending 9 CFR part 52 as follows:

PART 52--SWINE DESTROYED BECAUSE OF PSEUDORABIES

    1. The authority citation for part 52 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).

    2. Section Sec. 52.4 is revised to read as follows:


Sec. 52.4  Disinfection of premises, conveyances, and materials.

    All premises, including barns, stockyards and pens, and all cars 
and other conveyances, and the materials on any premises or conveyances 
used to house or transport swine for which indemnity is paid under this 
part must be cleaned and disinfected under the supervision of an APHIS 
employee after removal of the swine from the known infected herd. 
Premises may be restocked with swine 30 days following an approved 
cleaning and disinfection, unless an official pseudorabies 
epidemiologist determines that a shorter or longer period of time is 
adequate or necessary to protect new animals against infection. The 
owner to whom the indemnity is paid will be responsible for expenses 
incurred in connection with the cleaning and disinfection, except for 
cleaning and disinfection of the conveyances used to transport the 
swine to the location of disposal.

    Done in Washington, DC, this 11th day of March 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-6491 Filed 3-16-99; 8:45 am]
BILLING CODE 3410-34-P