[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Proposed Rules]
[Pages 37919-37932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17805]


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 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. 66, No. 140 / Friday, July 20, 2001 / 
Proposed Rules  

[[Page 37919]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 145 and 147

[Docket No. 00-075-1]


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the National Poultry Improvement 
Plan (the Plan) and its auxiliary provisions by 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 2000 Millennial Plan Conference. 
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: We invite you to comment on this docket. We will consider all 
comments that we receive by September 18, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-075-1, 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. 00-075-1.
    You may read any comments that we receive on this docket 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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

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.

SUPPLEMENTARY INFORMATION:

Background

    The National Poultry Improvement Plan (NPIP, also 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, prohibit hatching eggs or newly 
hatched chicks from egg-type chicken breeding flocks from being moved 
interstate unless they are classified ``U.S. S. Enteritidis Monitored'' 
under the Plan or have met equivalent requirements for S. enteritidis 
control, in accordance with 9 CFR 145.23(d), under official 
supervision.
    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. The Animal and 
Plant Health Inspection Service (APHIS or the Service) of the U.S. 
Department of Agriculture (USDA or the Department) amends these 
provisions from time to time to incorporate new scientific information 
and technologies within the Plan.
    The proposed amendments discussed in this document are consistent 
with the recommendations approved by the voting delegates to the 
National Plan Conference that was held from June 29 to July 1, 2000. 
Participants in the 2000 National Plan Conferences represented 
flockowners, breeders, hatcherymen, and Official State Agencies from 
all cooperating States. The proposed amendments are discussed in 
greater detail below.

Discussion

Definitions

    We are proposing to add a new definition to Sec. 145.1. We would 
define public exhibition as ``a public show of poultry.'' The 
regulations in Secs. 145.23(b)(3)(vii), 145.33(b)(3)(vii), and 
145.53(b)(3)(vii) require that all poultry, including exhibition, 
exotic, and game birds, but excluding waterfowl, going to public 
exhibition either come from U.S. Pullorum-Typhoid Clean or equivalent 
flocks or have a negative pullorum-typhoid test within 90 days prior to 
going to public exhibition. Given the presence of that requirement in 
the regulations, the voting delegates at the 2000 Plan Conference 
believed it would be useful to define what is meant by the term 
``public exhibition.''

Debarment Procedures

    We are proposing to make two changes to Sec. 145.13, ``Debarment 
from participation.'' First, we would amend the first sentence of the 
section to provide that the notice given by the Official State Agency 
to a Plan participant of apparent noncompliance would be in writing. 
The section currently calls for participants to be notified of their 
apparent noncompliance; requiring that notice to be in writing would 
serve to establish a record that the notification had indeed been 
provided. Second, Sec. 145.13 currently refers to ``Secs. 50.21 through 
50.28-14 and Secs. 50.30 through 50.33 of the rules of practice in 7 
CFR part 50.'' In 1995, 7 CFR part 50 was revised and the sections 
cited in Sec. 145.13 were redesignated; therefore, we are proposing to 
remove the specific section citations mentioned in the previous 
sentence and replace them with a reference to 7 CFR part 50.

[[Page 37920]]

Authorized Laboratories

    We are also proposing to add a new paragraph (e) to Sec. 145.2 to 
make it clear that the Plan's authorized laboratories will follow the 
laboratory protocols outlined in part 147 when determining the status 
of a participating flock with respect to an official Plan 
classification. While there may be alternative tests available in some 
cases for Plan diseases, we believe that it is necessary for the 
purposes of consistency within the Plan, and to maintain the 
credibility of the Plan's programs, to explicitly require the use of 
the official tests described in part 147 when determining the status of 
a flock with respect to an official Plan classification.

Hatcheries

    Paragraph (a) of Sec. 145.6 contains minimum requirements with 
respect to sanitation practices in participating hatcheries. Those 
provisions were established in 1971 and have been amended once, in 
1984. To bring the provisions of Sec. 145.6 up to date, we are 
proposing to revise that paragraph as follows:
     Egg room walls, ceilings, floors, air filters, drains, and 
humidifiers should be cleaned and disinfected at least two times per 
week. Cleaning and disinfection procedures should be as outlined in 
Sec. 147.24.
     Incubator room walls, ceilings, floors, doors, fan grills, 
vents, and ducts should be cleaned and disinfected after each set or 
transfer. Incubator rooms should not be used for storage. Plenums 
should be cleaned at least weekly. Egg trays and buggies should be 
cleaned and disinfected after each transfer. Cleaning and disinfection 
procedures should be as outlined in Sec. 147.24.
     Hatcher walls, ceilings, floors, doors, fans, vents, and 
ducts should be cleaned and disinfected after each hatch. Hatcher rooms 
should be cleaned and disinfected after each hatch and should not be 
used for storage. Plenums should be cleaned after each hatch. Cleaning 
and disinfection procedures should be as outlined in Sec. 147.24.
     Chick/poult processing equipment and rooms should be 
thoroughly cleaned and disinfected after each hatch. Chick/poult boxes 
should be cleaned and disinfected before being reused. Vaccination 
equipment should be cleaned and disinfected after each use. Cleaning 
and disinfection procedures should be as outlined in Sec. 147.24.
     Hatchery residue, such as chick/poult down, eggshells, 
infertile eggs, and dead germs, should be disposed of promptly and in a 
manner satisfactory to the Official State Agency.
     The entire hatchery should be kept in a neat, orderly 
condition and cleaned and disinfected after each hatch.
     Effective insect and rodent control programs should be 
implemented.
    The procedures and practices described above are routinely observed 
in the industry today and are considered to be essential to the 
maintenance of proper hatchery sanitation. Our proposed changes, 
therefore, would bring the provisions of the Plan in line with the 
current practices observed throughout the industry.

Blood Testing

    Section 145.14, ``Blood testing,'' currently states, among other 
things, that ostrich, emu, rhea, and cassowary candidates for official 
Plan classifications must be blood tested when at least 12 months of 
age or upon reaching sexual maturity, depending on the species and at 
the discretion of the Official State Agency. In this document, we are 
proposing to amend that provision to state that ostrich, emu, rhea, and 
cassowary candidates are to be blood tested when more than 12 months of 
age. This proposed change would make the blood testing provisions for 
ostrich, emu, rhea, and cassowary candidates consistent with the 
provisions for other species of birds in Sec. 145.14 by simply 
providing the minimum age at which the birds may be tested. As 
ostriches, emus, rheas, and cassowaries typically reach sexual maturity 
somewhere between 18 months to 3 years of age, depending on the 
species, this proposed change would not prevent an Official State 
Agency from taking sexual maturity into account when determining the 
appropriate testing age.
    Also in Sec. 145.14, we would amend footnote 1 in Sec. 145.14(a) to 
provide the current address of the APHIS staff that can provide the 
criteria and procedures for Department approval of antigens and 
reagents. That staff has been relocated from Riverdale, MD, to Ames, 
IA.
    Paragraph (a)(9)(ii) of Sec. 145.14 requires that serum samples 
that produce positive reactions for pullorum-typhoid on the 
microagglutination test be retested at an authorized laboratory in 
accordance with the microagglutination test procedures set forth in 
Sec. 147.5. If the reaction to the retest is positive in dilutions of 
1:40 or greater, additional examination must be performed on the bird 
from which the serum sample was drawn and its flock. The procedures for 
the microagglutination test found in Sec. 147.5, however, refer to the 
use of a 1:20 dilution for the microagglutination test, not the 1:40 
dilution cited in Sec. 145.14. It is the 1:40 dilution that is correct; 
therefore, we are proposing to amend paragraphs (c) and (d) of 
Sec. 147.5 so that they refer to the correct dilution. This proposed 
change would also necessitate amending Sec. 147.5(d)(2) to replace a 
reference to 10-microliter serum sample with a reference to a 5-
microliter serum sample.

U.S. S. Enteritidis Clean, Egg-Type Chickens

    We are proposing to amend Sec. 145.23(d) to change the name of the 
program described in that paragraph from ``U.S. S. Enteritidis 
Monitored'' to ``U.S. S. Enteritidis Clean.'' Virtually all of the egg-
type chicken breeders in the Plan participate in the current U.S. S. 
Enteritidis Monitored program, and the incidence of Salmonella 
enteritidis (SE) in their flocks is extremely low. Because the 
monitoring and prevention elements of this program have been so 
effective, the program has become oriented more toward maintaining the 
freedom of flocks from SE. Our proposed change to the name of the 
program would reflect this new focus and provide a measure of credit to 
the flockowners who have been integral to the program's success. As 
part of this proposed change, we would remove the illustrative design 
for the U.S. S. Enteritidis Monitored classification in Sec. 145.10(1), 
as that design would no longer be necessary. A reference to 
Sec. 145.23(d) would be added to Sec. 145.10(m), which contains the 
illustrative design for the current U.S. S. Enteritidis Clean 
classification for meat-type chickens.
    Within Sec. 145.23(d), paragraph (d)(iv) calls for participating 
flocks to be maintained in compliance with Secs. 147.21, 147.24(a), and 
147.26, which relate to flock sanitation and good management practices. 
In this document, we are proposing to amend Sec. 145.23(d)(iv) to also 
state that rodents and other pests should be effectively controlled. 
Rodents have been found to be a reservoir of Salmonella, particularly 
SE, so reducing or eliminating the presence of rodents and other pests 
from areas where flocks are kept would help to maintain the flocks' 
freedom from Salmonella.
    Paragraph (d)(vi) of Sec. 145.23 currently provides that a 
federally licensed SE bacterin may be used in multiplier breeding 
flocks that have been bacteriologically examined and found negative for 
SE. Because some Salmonella vaccines may cause positive reactions to 
pullorum-typhoid tests administered to a flock, we are proposing to 
amend Sec. 145.23(d)(vi) to allow flockowners to delay vaccination 
until after the flock has been tested for

[[Page 37921]]

pullorum-typhoid testing as described in Sec. 145.23(d)(1)(vii). We 
would retain the current option of keeping a sample of 350 birds 
unvaccinated until the flock reaches 4 months of age and has been 
tested in accordance with Sec. 145.23(d)(1)(vii) and found negative. We 
would, however, amend that option to specify that the birds in the 
flock must have been vaccinated using an injectable bacterin or live 
vaccine that does not spread. Currently, the regulations in 
Sec. 145.23(d)(vi) do not differentiate between the use of vaccines or 
bacterins that may spread to other birds and those that do not.

U.S. M. Gallisepticum Clean, Meat-Type Chickens

    The regulations in Sec. 145.33(c)(2) currently require participants 
handling U.S. M. Gallisepticum Clean products (i.e., poultry breeding 
stock, hatching eggs, baby poultry, and started poultry) to keep those 
products separate from other products that are not classified U.S. M. 
Gallisepticum Clean. While that paragraph directs that the products be 
kept separate, it offers no specific guidance as to how that should be 
accomplished. In this document, we are proposing to amend 
Sec. 145.33(c)(2) to state that the necessary separation can be 
achieved through the use of separate hatchers and incubators, separate 
hatch days, and the hatchery sanitation and biosecurity procedures 
detailed in Secs. 147.22, 147.23, and 147.24. The steps taken by the 
Plan participant would be subject to the review and approval of the 
Official State Agency to ensure that they are being implemented in a 
manner that adequately protects the integrity of the M. Gallisepticum 
Clean products.

U.S. S. Enteritidis Clean, Meat-Type Chickens

    Paragraph (h)(1)(i) of Sec. 145.33 provides, in part, that a meat-
type chicken breeding flock may be eligible for the U.S. S. Enteritidis 
Clean classification if the flock originated from a U.S. S. Enteritidis 
Clean flock or if meconium from the chicks in the flock and a sample of 
chicks that died within 7 days after hatching have been examined 
bacteriologically for SE at an authorized laboratory and any group D 
Salmonella samples have been serotyped. We are proposing to amend those 
criteria that pertain to eligibility based on testing to state that a 
flock may be eligible if any one of the following samples has been 
examined bacteriologically for SE at an authorized laboratory and any 
group D Salmonella samples have been serotyped:
     A 25-gram sample of meconium from the chicks in the flock 
collected and cultured as described in proposed Sec. 147.12(a)(5) 
(current Sec. 147.18--the proposed redesignation of this section is 
discussed later in this document); or
     A sample of chick papers collected and cultured as 
described in Sec. 147.12(c); or
     A sample of 10 chicks that died within 7 days after 
hatching.
    These proposed changes would clarify the provisions of Sec. 145.33 
(h)(1)(i) by specifying the size of the meconium sample that must be 
collected and cultured and the number of dead chicks that must be 
examined and by providing a reference to the applicable meconium 
collection and culturing procedures found in existing Sec. 147.18 
(which, as noted above and discussed later in this document, we would 
redesignate as Sec. 147.12(a)(5)). This proposed change would also 
provide for the use of chick paper culturing conducted in accordance 
with existing Sec. 147.12(c) as an additional means of qualifying a 
flock for the U.S. S. Enteritidis Clean classification. We believe that 
any one of these three methods would provide an accurate assessment of 
the SE status of a flock seeking to qualify for this classification.
    In addition to the proposed changes described above, we are also 
proposing to make several other changes to the provisions regarding the 
U.S. S. Enteritidis Clean classification for meat-type chickens. First, 
the introductory text of Sec. 145.33(h) currently states, in part, that 
the classification is intended for primary meat-type breeders. (A 
primary breeding flock is currently defined in Sec. 145.1 as ``[a] 
flock composed of one or more generations that is maintained for the 
purpose of establishing, continuing, or improving parent lines.'') As 
we believe that this classification could be beneficial and feasible in 
any meat-type chicken breeding flock, and not just primary breeding 
flocks, we would remove the word ``primary'' from the introductory text 
of Sec. 145.33(h).
    Second, Sec. 145.33(h)(1)(iv) currently provides that environmental 
samples must be collected by an Authorized Agent (i.e., a person 
designated by the Official State Agency). In order to allow others to 
assist the Authorized Agent and thus reduce the time required for the 
collection of samples in some cases, we are proposing to amend 
Sec. 145.33(h)(1)(iv) to provide that the environmental samples may 
also be collected under the supervision of an Authorized Agent.
    Third, Sec. 145.33(h)(1)(vi) currently provides that hatching eggs 
produced by a flock must be collected as quickly as possible, handled 
as described in Sec. 147.22, and sanitized or fumigated. In this 
document, we are proposing to remove the reference to sanitizing and 
fumigation, as Sec. 147.22 already describes hatching egg sanitation 
procedures and standard industry practice no longer includes fumigation 
of hatching eggs.
    Finally, Sec. 145.33(h)(3) currently provides that 25 randomly 
selected live birds from the flock must be bacteriologically examined 
for SE as described in Sec. 147.11 if SE is isolated from an 
environmental sample collected from the flock. In this document, we are 
proposing to add the option of examining 500 cloacal swabs collected in 
accordance with existing Sec. 147.12(a)(2) in addition to, or in place 
of, the examination of 25 live birds. The regulations currently provide 
for the use of cloacal swab examination in other situations, and we 
believe that this procedure would provide Plan participants with an 
effective primary or supplemental means of assessing the SE status of a 
flock following the isolation of SE in an environmental sample.

Rules of Practice

    Sections 145.24, 145.34, 145.44, and 145.54 all currently provide 
conditions that must be met for a State to attain ``clean State'' 
status under specific Plan disease classifications. There are currently 
a total of nine separate ``clean State'' classifications (one in 
Sec. 145.24, two in Sec. 145.34, five in Sec. 145.44, and one in 
Sec. 145.54). In each case, the regulations provide that the Service 
will revoke a State's ``clean State'' classification if any of the 
prescribed conditions are discontinued, but will not do so until it has 
conducted an investigation and the Official State Agency has been given 
an opportunity for a hearing. In only two of the nine cases--i.e., 
Sec. 145.44(d)(2) and (e)(2)--do the regulations specify that the 
hearing will be held in accordance with rules of practice adopted by 
the Administrator. Because the adoption of rules of practice by the 
Administrator is necessary in all cases prior to such administrative 
hearings, we are proposing to amend Secs. 145.24, 145.34, 145.44, and 
145.54 to specify that hearings regarding the revocation of a State's 
``clean State'' classification will be held in accordance with rules of 
practice adopted by the Administrator.

U.S. Approved

    Under Sec. 145.53(a), a breeding flock may be classified as U.S. 
Approved if all birds in the flock observed by Authorized Agents or 
State Inspectors are found to conform with the criteria for the breed 
represented, as contained

[[Page 37922]]

in the Standard of Perfection published by the American Poultry 
Association, Inc. (APA) or the breeder's specifications for the stock 
represented in the flock, and such specifications are on file with the 
Official State Agency. It takes a great deal of training to become an 
official APA judge for the various waterfowl, exhibition poultry, and 
game bird breeds represented in the Plan, and most State NPIP 
organizations do not have people trained in those standards of 
perfection. The U.S. Approved classification has already been removed 
from provisions regarding the classification of egg-type chicken 
breeding flocks (Sec. 145.23), meat-type chicken breeding flocks 
(Sec. 145.33), and turkey breeding flocks (Sec. 145.43). Given that it 
appears that there is no longer the necessary support in place to 
maintain the U.S. Approved classification for waterfowl, exhibition 
poultry, and game bird breeding flocks, we are proposing to remove the 
U.S. Approved classification from Sec. 145.53. As part of this proposed 
change, we would also remove the illustrative design for the U.S. 
Approved classification from Sec. 145.10(a), as there would no longer 
be a corresponding classification for the design in the provisions of 
the Plan.

Testing for Antibodies to Avian Mycoplasma

    Paragraph (e)(2) of Sec. 147.7 provides a procedure to test for 
antibodies to avian mycoplasma by hemagglutination inhibition (HI). The 
test uses the constant antigen, titered-sera method for measuring 
antibodies to M. gallisepticum, M. synoviae, or M. meleagridis. The 
second-to-last and last sentences of Sec. 147.7(e)(2)(ii)(B) currently 
state ``[t]he desired endpoint is 4 HA [i.e., hemagglutination] units. 
The well containing the 1:4 dilution should give a complete HA while 
the 1:8 dilution should show less than complete HA.'' These two 
sentences appear to have been included in error, as they apply to the 
HA titer of the diluted antigen used in the test, and not to the HA 
titer of the stock antigen, which is the focus of the step being 
described. The dilution of the stock antigen is described in the 
paragraph that follows, i.e., Sec. 147.7(e)(2)(ii)(C). Therefore, 
because they do not apply to the step being described, we are proposing 
to remove the final two sentences of Sec. 147.7(e)(2)(ii)(B).

Bacteriological Examination of Salmonella

    Paragraph (a) of Sec. 147.11 describes the laboratory procedure 
recommended for the bacteriological examination of Salmonella in egg- 
and meat-type chickens, waterfowl, exhibition poultry, and game birds. 
In this document, we are proposing to amend those procedures by:
     Restricting the scope of the paragraph to the examination 
of cultures collected from birds (and modifying illustration 1 
accordingly) and moving the provisions of current Sec. 147.11(a) 
relating to the examination of environmental cultures, including 
illustration 2, to Sec. 147.12;
     Removing the recommended non-selective enrichment step;
     Increasing the sample size of pullorum-typhoid reactor 
birds from ``at least four birds'' to ``up to 25 birds;''
     Modifying sample collection and pooling recommendations;
     Offering specific suggestions for plating media; and
     Recommending delayed secondary enrichment in cases where 
the initial selective enrichment procedure yields negative results.
    These proposed changes, which have been incorporated into the 
revised procedure set forth in revised Sec. 147.11(a) at the end of 
this document, were recommended by the NPIP's Salmonella Technical 
Committee and are intended to provide a more effective and 
scientifically valid procedure for the identification of Salmonella in 
egg- and meat-type chickens, waterfowl, exhibition poultry, and game 
birds. As part of this proposed change, we would also update the 
literature citation contained in footnote 7 to Sec. 147.11(a)(1) so 
that it refers to the most recent edition of the publication cited.

Collection, Isolation, and Identification of Salmonella

    Section 147.12 currently describes procedures for collecting 
environmental samples and cloacal swabs for bacteriological 
examination. In this document, we are proposing to expand the scope of 
that section to include procedures for collection, isolation, and 
identification of Salmonella from environmental samples, cloacal swabs, 
chick box papers, and meconium samples, and we would revise the title 
of the section to reflect this broader scope.
    The procedure for sampling in broth found in Sec. 147.12(a)(1)(i) 
currently states that authorized laboratories will provide capped tubes 
containing Hajna or Mueller-Kauffmann tetrathionate brilliant green 
sterile enrichment broth for each sample. Because other types of 
sterile enrichment broth are now available, we are proposing to remove 
the reference to Hajna or Mueller-Kauffmann tetrathionate brilliant 
green enrichment broths in order to provide for the use by authorized 
laboratories of other appropriate sterile enrichment broths.
    The provisions regarding the use of drag swabs found in 
Sec. 147.12(a)(3) currently refer to exposing gauze pads to the surface 
of floor litter and nest box areas and provide instructions for the 
assembly of drag swabs using gauze pads. Commercially made sponges 
designed for use in drag swabs are now available, so we are proposing 
to amend the introductory text of Sec. 147.12(a)(3) to provide for the 
use of either gauze pads or commercially available sponges as a 
component of a drag swab sampler.
    Paragraph (a)(3)(iv) of Sec. 147.12 describes the procedure for 
collecting samples from nest boxes. The sampling procedure described in 
that paragraph entails wiping down assorted locations in about 10 
percent of the total nesting area, then sealing the sample in a sterile 
bag for submission to an authorized laboratory. We have determined that 
this procedure could also be used for collecting samples from an egg 
belt, which is another environment from which Salmonella could be 
isolated. Therefore, we are proposing to amend Sec. 147.12(a)(3)(iv) to 
provide for the use of the described sampling technique on both nest 
boxes and egg belts.
    Paragraph (c) of Sec. 147.12 provides instructions for collecting 
samples from chick box papers. We are proposing to move the provisions 
of Sec. 147.12(c) to Sec. 147.12(a)(4) in order to place it among the 
other provisions of Sec. 147.12 regarding the collection of samples. In 
moving those provisions, we would also add to the introductory text of 
the paragraph a reminder to Plan participants that it is important that 
the paper be removed from the chick box before the box is placed in the 
brooding house. This would help to maintain the integrity of the sample 
taken from the chick box papers by preventing the potential 
introduction of contaminants from the brooding house. We would also add 
a new paragraph (a)(4)(iii) that would provide that the laboratory to 
which the collected samples or chick box papers are sent must follow 
the procedure set forth in proposed Sec. 147.12(a)(5) (current 
Sec. 147.18) for testing chick meconium for Salmonella.
    As noted earlier in this document in the discussion of the proposed 
changes to Sec. 147.11, we are proposing to move the provisions of 
Sec. 147.11(a) regarding the examination of environmental cultures, 
including illustration 2, into Sec. 147.12; those provisions would 
become new Sec. 147.12(b). In addition, we are also proposing to move 
the provisions of current Sec. 147.18, which provides a procedure for 
testing chick

[[Page 37923]]

meconium for Salmonella, into Sec. 147.12 as new paragraph (a)(5). We 
believe that this proposed relocation of those provisions would result 
in the regulations becoming more focused, with Sec. 147.11 
concentrating on procedures for culturing pullorum-typhoid reactors and 
birds from SE-positive environments and Sec. 147.12 concentrating on 
procedures for culturing environmental samples, chick papers, and 
meconium. As a result of these proposed moves, it would be necessary 
for Sec. 147.12(a)(5)(vi) (current Sec. 147.18(f)) to direct that the 
processing of suspect Salmonella colonies from chick meconium samples 
be conducted in accordance with Sec. 147.12(b), rather than 
Sec. 147.11.
    Proposed new Sec. 147.12(b) would provide two different enrichment 
procedures, i.e., tetrathionate enrichment with delayed secondary 
enrichment and pre-enrichment followed by selective enrichment. These 
culturing procedures for environmental and other samples, which have 
been drawn from the combined bird/environment culturing procedures 
found in current Sec. 147.11(a), are set forth in proposed 
Sec. 147.12(b) at the end of this document. Illustration 2, which would 
be revised to reflect the more specific procedures, would be placed at 
the end of the new paragraph.

Hatching Egg and Hatchery Sanitation

    We are proposing to revise Sec. 147.22, ``Hatching egg 
sanitation,'' to reflect changes in industry practice and update the 
language used in the section. The revised section would reflect the 
discontinuance of egg fumigation as a routine measure and would include 
a recommendation for cleaning and disinfecting vehicles used for 
transporting eggs and chicks or poults, but would otherwise not differ 
substantively from existing Sec. 147.22.
    Similarly, we are also proposing to revise Sec. 147.23, ``Hatchery 
sanitation,'' to reflect changes in industry practice and update the 
language used in the section. As is the case with our proposed revision 
of Sec. 147.22, revised Sec. 147.23 would reflect the discontinuance of 
egg fumigation as a routine measure. This revised section would also 
recommend the use of new chick papers, in addition to clean or new 
boxes, for the distribution of day-old chicks, poults, or other newly 
hatched poultry. Otherwise, revised Sec. 147.23 would not differ 
substantively from existing Sec. 147.23.

Cleaning and Disinfecting

    We are proposing to update Sec. 147.24, which describes recommended 
procedures for cleaning and disinfecting structures and equipment used 
by Plan participants. We would reorganize the provisions of the section 
so that paragraph (a) would deal with poultry houses, paragraph (b) 
with hatchers and hatchery rooms, and paragraph (c) with delivery 
trucks and their drivers and helpers. In each paragraph, we would 
expand upon the recommendations provided in current Sec. 147.24 in 
order to provide more specific guidance regarding cleaning and 
disinfection procedures. Specifically, in Sec. 147.24(a), we would 
revise paragraph (a)(1) to recommend the following:
     Remove all live ``escaped'' and dead birds from the 
building;
     Blow dust from equipment and other exposed surfaces;
     Empty the residual feed from the feed system and feed pans 
and remove it from the building;
     Disassemble feeding equipment and dump and scrape as 
needed to remove any and all feed cake and residue. Clean up spilled 
feed around the tank and clean out the tank; and
     Rinse down and wash out the inside of the feed tank to 
decontaminate the surfaces and allow to dry.
    We would also amend paragraph (a)(3) to include recommendations for 
washing down the entire inside surfaces of the building and all the 
installed equipment such as curtains, ventilation ducts and openings, 
fans, fan housings and shutters, feeding equipment, watering equipment, 
etc., and using high pressure and high volume water spray to soak into 
and remove the dirt to decontaminate the building.
    We would amend paragraph (b) to recommend the use of cleaning 
agents and sanitizers that are registered by the U.S. Environmental 
Protection Agency as germicidal, fungicidal, pseudomonocidal, and 
tuberculocidal. We would also recommend:
     Removing loose organic debris by sweeping, scraping, 
vacuuming, brushing, or scrubbing, or by hosing surfaces with high 
pressure water;
     Using hot water (at least 140  deg.F) for cleaning 
hatching trays and chick separator equipment;
     Using a cleaner/sanitizer that can penetrate protein and 
fatty deposits and allowing the chemical to cling to treated surfaces 
at least 10 minutes before rinsing off, then manually scrubbing any 
remaining deposits of organic material until they are removed; and
     Applying disinfectant to the cleaned walls and using a 
clean and sanitized squeegee to remove excess water, working down from 
ceilings to walls to floors and being careful not to recontaminate 
cleaned areas.
    Because current paragraph (c) applies to the cleaning of hatchery 
equipment, we would move that paragraph into paragraph (b), which, as 
noted above, applies to the cleaning and disinfection of hatchers and 
hatchery rooms.
    Finally, we would establish a new paragraph (c), which would 
provide recommendations regarding the disinfection of delivery trucks 
and biosecurity practices for truck drivers and their helpers. 
Specifically, we would recommend that truck tires be thoroughly sprayed 
with disinfectant before the truck leaves the main road and enters the 
farm driveway, and that drivers and helpers observe the following 
practices:
     Put on sturdy, disposable plastic boots or clean rubber 
boots before getting out of the truck cab. Put on a clean smock or 
coveralls and a hairnet before entering the poultry house.
     After loading eggs or unloading chicks/poults, remove the 
dirty smock/coveralls and place in a plastic garbage bag before loading 
in the truck. Be sure to keep clean coveralls separate from dirty ones.
     Reenter the cab of the truck and remove boots before 
placing feet onto floorboards. Remove hairnet and leave with disposable 
boots on farm.
     Sanitize hands using appropriate hand sanitizer.
     Return to the hatchery or go to the next farm and repeat 
the process.
    These proposed amendments to Sec. 147.24, which were recommended by 
the NPIP Cleaning and Disinfection Technical Committee, would serve to 
reinforce the existing provisions of the section and thus increase the 
effectiveness of the cleaning and disinfection measures applied to 
poultry houses, hatchers and hatchery rooms, and delivery trucks and 
the biosecurity practices observed by personnel entering the farm, thus 
reducing the risk that participating flocks and products would be 
exposed to disease.

Fumigation

    Section 147.25 currently refers to fumigation as ``an essential 
part of a sanitation program.'' As noted previously, fumigation is no 
longer used routinely within the poultry industry. Therefore, we are 
proposing to amend Sec. 147.25 so that the section simply states that 
fumigation may be used for sanitizing eggs and hatchery equipment or 
rooms as part of a sanitation program, thus deemphasizing the role of 
fumigation.

[[Page 37924]]

Isolation, Sanitation, and Good Management Practices

    Section 147.26 describes procedures for establishing isolation and 
maintaining sanitation and good management practices for the control of 
Salmonella and Mycoplasma infections. In this document, we are 
proposing to amend Sec. 147.26 as follows:
     We would amend paragraph (a)(1) to specify that the 
conditions under which visitors may be allowed must minimize the 
introduction of Salmonella and Mycoplasma, and not simply ``insure 
sanitation'' as currently provided.
     We would combine paragraphs (a)(2) and (a)(3), which 
require breeder farms to be kept free of market birds and other 
domesticated fowl, respectively.
     We would amend the requirement in paragraph (a)(4) that 
requires dead birds to be disposed of by burning, deep burial, or 
burial in special disposal pits. Because some of those methods may be 
prohibited in some areas, we would amend that requirement to simply 
state that dead birds are to be disposed of by locally approved 
methods.
     We would amend paragraph (b)(5) to require that a rodent 
control program be established. That paragraph currently requires only 
that the rodent population and other pests be kept in control without 
requiring an active program for that purpose.
    These proposed changes were recommended by a committee of 
scientists appointed to review Sec. 147.26 by the Plan's General 
Conference Committee and would serve to update the provisions of that 
section.

General Conference Committee

    Paragraph (b) of Sec. 147.43 describes the procedures for the 
nomination and election of regional committee members to serve on the 
General Conference Committee (GCC). In order to broaden the pool of 
potential nominees, we are proposing to amend Sec. 147.43(b) to add 
provisions for the solicitation of nominees. Under these proposed 
provisions, the process for soliciting nominations for regional 
committee members would include, but not be limited to:
     Advertisements in at least two industry journals, such as 
the newsletters of the American Association of Avian Pathologists, the 
National Chicken Council, the United Egg Producers, and the National 
Turkey Federation;
     A Federal Register announcement; and
     Special inquiries for nominations from universities or 
colleges with minority/disability enrollments and faculty members in 
poultry science or veterinary science.
    Further, in order to promote a more diverse pool of nominees, we 
would require that at least one nominee from each region be from an 
underrepresented group, e.g., minorities, women, or persons with 
disabilities. These proposed changes are intended to increase awareness 
of GCC membership opportunities by providing for the active 
solicitation of nominations from industry, scientific, and university 
or college groups.

Miscellaneous

    In addition to the proposed changes described above, we are also 
proposing to make several nonsubstantive editorial changes to improve 
clarity and correct erroneous citations to several sections within the 
regulations.

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 2000 
National Plan Conference. The proposed changes would amend the Plan and 
its auxiliary provisions by 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 2000 National Plan Conference. 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 eggs 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.
    The proposed changes contained in this document generally either 
update testing procedures and sanitation guidelines or revise NPIP's 
administrative operations, with the aim of better safeguarding the 
health of the Nation's poultry industry. The Regulatory Flexibility Act 
requires that agencies consider the economic effects of their rules on 
small entities. We do not expect that the changes proposed in this 
document would result in significant economic effects on small 
entities.
    The Small Business Administration defines size standards for 
industries using the North American Industry Classification System 
(NAICS). Under this system, a firm classified within ``Chicken Egg 
Production'' (NAICS code 112310) is considered small if its annual 
receipts are $9 million or less. For firms classified within ``Broilers 
and Other Meat Type Chicken Production'' (NAICS code 112320), the 
small-entity criterion is annual receipts of $750,000 or less.
    The egg and poultry industries are highly integrated vertically, 
with most production owned or under contract to large-scale processing 
and marketing firms.\1\ For example, broilers for Tyson Foods, the 
world's largest producer, came in 1999 from 6,060 farms (98 percent 
under contract), and its eggs came from breeder flocks on 1,388 
farms.\2\
---------------------------------------------------------------------------

    \1\ The broiler industry, in particular, is heavily 
concentrated. Tyson Foods had weekly sales of ready-to-cook chicken 
that averaged 154.3 million pounds in 1999. The 10 largest broiler 
companies accounted for 429.6 million pounds per week in 1999, 
approximately half of the Nation's production (WATT PoultyUSA, 
January 2000).
    \2\ WATT Poultry USA, January 2000.
---------------------------------------------------------------------------

    In 1997, an average of 303,604,000 egg-producing layers produced 
77,532 million eggs.\3\ The number of egg-producing farms and their 
size distribution is not known, but it is reasonable to assume that 
some of them may be small entities, operating either independently or 
under contract.
---------------------------------------------------------------------------

    \3\ ``Chickens and Eggs, Final Estimates 1994-97,'' USDA/NASS, 
December 1998.''
---------------------------------------------------------------------------

    Also in 1997, there were 13,458 farms that sold layers, pullets, 
and pullet chicks, and 23,937 farms that sold broilers and other meat-
type chickens.\4\ Regarding the latter, a farm would need to produce 
about 275,000 broilers a year in order to reach annual sales of at 
least $500,000, according to Census of Agriculture and other National 
Agricultural Statistics Service (NASS)

[[Page 37925]]

data.\5\ By this measure, about one-half of broiler farms can be 
considered small.\6\
---------------------------------------------------------------------------

    \4\ 1997 Census of Agriculture.
    \5\ In 1997, the average liveweight equivalent price of broiler 
was $0.377 per pound, and the average weght was 4.835 pounds. Thus, 
the average price received per broiler was $1.82.
    \6\ The 1997 Censur of Agriculture indicates that 52 percent of 
broiler-producing farms sold at lest 200,000 broilers.
---------------------------------------------------------------------------

    Clearly, some of the poultry and egg-producing farms that would be 
affected by this proposed rule are small. However, the procedural and 
administrative changes proposed are not expected to have a significant 
economic impact on any entities, either large or small.
    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 proposed 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, we propose to amend 9 CFR parts 145 and 147 as 
follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

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

    Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.4.

    2. In Sec. 145.1, a definition of public exhibition would be added, 
in alphabetical order, to read as follows:


Sec. 145.1  Definitions.

* * * * *
    Public exhibition. A public show of poultry.
* * * * *
    3. In Sec. 145.2, a new paragraph (e) would be added to read as 
follows:


Sec. 145.2  Administration.

* * * * *
    (e) An authorized laboratory of the National Poultry Improvement 
Plan will follow the laboratory protocols outlined in part 147 of this 
chapter when determining the status of a participating flock with 
respect to an official Plan classification.
* * * * *
    4. Section 145.6 would be amended as follows:
    a. By revising paragraph (a).
    b. In paragraph (b), by removing the word ``which'' and adding the 
word ``that'' in its place.
    c. In paragraph (c), by removing the word ``shall'' and adding the 
word ``should'' in its place.
    d. In paragraph (d), in both the first and second sentences, by 
removing the word ``shall'' and adding the word ``should'' in its 
place.


Sec. 145.6  Specific provisions for participating hatcheries.

    (a) Hatcheries must be kept in sanitary condition, acceptable to 
the Official State Agency. The procedures outlined in Secs. 147.22 
through 147.25 of this chapter will be considered as a guide in 
determining compliance with this provision. The minimum requirements 
with respect to sanitation include the following:
    (1) Egg room walls, ceilings, floors, air filters, drains, and 
humidifiers should be cleaned and disinfected at least two times per 
week. Cleaning and disinfection procedures should be as outlined in 
Sec. 147.24 of this chapter.
    (2) Incubator room walls, ceilings, floors, doors, fan grills, 
vents, and ducts should be cleaned and disinfected after each set or 
transfer. Incubator rooms should not be used for storage. Plenums 
should be cleaned at least weekly. Egg trays and buggies should be 
cleaned and disinfected after each transfer. Cleaning and disinfection 
procedures should be as outlined in Sec. 147.24 of this chapter.
    (3) Hatcher walls, ceilings, floors, doors, fans, vents, and ducts 
should be cleaned and disinfected after each hatch. Hatcher rooms 
should be cleaned and disinfected after each hatch and should not be 
used for storage. Plenums should be cleaned after each hatch. Cleaning 
and disinfection procedures should be as outlined in Sec. 147.24 of 
this chapter.
    (4) Chick/poult processing equipment and rooms should be thoroughly 
cleaned and disinfected after each hatch. Chick/poult boxes should be 
cleaned and disinfected before being reused. Vaccination equipment 
should be cleaned and disinfected after each use. Cleaning and 
disinfection procedures should be as outlined in Sec. 147.24 of this 
chapter.
    (5) Hatchery residue, such as chick/poult down, eggshells, 
infertile eggs, and dead germs, should be disposed of promptly and in a 
manner satisfactory to the Official State Agency.
    (6) The entire hatchery should be kept in a neat, orderly condition 
and cleaned and disinfected after each hatch.
    (7) Effective insect and rodent control programs should be 
implemented.
* * * * *


Sec. 145.10  [Amended]

    5. In Sec. 145.10, paragraphs (a) and (l) would be removed and 
reserved and paragraph (m) would be amended by adding the words 
``Sec. 145.23(d) and'' immediately after the word ``See'' .


Sec. 145.13  [Amended]

    6. In Sec. 145.13, the introductory text of the section would be 
amended as follows:
    a. In the first sentence, by adding the words ``in writing'' 
immediately after the words ``are notified''.
    b. In the sixth sentence, by removing the words ``Secs. 50.21 
through 50.28-14 and Secs. 50.30 through 50.33 of''.
    c. In the seventh sentence, by removing the citation ``7 CFR 
50.2(e),(g),(h), and (l)'' and adding the citation ``7 CFR 50.10'' in 
its place.
    7. Section 145.14 would be amended as follows:
    a. In the introductory text of the section, by revising the first 
sentence.
    b. In paragraph (a)(1), footnote 1, by removing the words 
``Veterinary Biologics, 4700 River Road, Unit 148, Riverdale, Maryland 
20737-1237'' and adding the words ``Center for Veterinary Biologics, 
510 South 17th Street, Suite 104, Ames IA 50010-8197'' in their place.


Sec. 145.14  Blood testing.

    Poultry must be more than 4 months of age when blood tested for an 
official classification: Provided, That turkey candidates under subpart 
D of this part may be blood tested at more than 12 weeks of age; game 
bird candidates under subpart E of this part may be blood tested when 
more than 4 months of age or upon reaching sexual maturity, whichever 
comes first; and ostrich, emu, rhea, and cassowary candidates under 
subpart F of this part may be blood

[[Page 37926]]

tested when more than 12 months of age. * * *
* * * * *
    8. Section 145.23, would be amended as follows:
    a. In paragraph (d), by revising the introductory text.
    b. In paragraph (d)(1)(i), by removing the word ``Monitored'' and 
adding the word ``Clean'' in its place.
    c. By revising paragraphs (d)(1)(iv) and (d)(1)(vi).


Sec. 145.23  Terminology and classification; flocks and products.

* * * * *
    (d) U.S. S. Enteritidis Clean. This classification is intended for 
egg-type breeders wishing to assure their customers that the hatching 
eggs and chicks produced are certified free of Salmonella enteritidis.
    (1) * * *
* * * * *
    (iv) The flock is maintained in compliance with Secs. 147.21, 
147.24(a), and 147.26 of this chapter. Rodents and other pests should 
be effectively controlled;
* * * * *
    (vi) If a Salmonella vaccine is used that causes positive reactions 
with pullorum-typhoid antigen, one of the following options must be 
utilized:
    (A) Administer the vaccine after the pullorum-typhoid testing is 
done as described in paragraph (d)(1)(vii) of this section.
    (B) If an injectable bacterin or live vaccine that does not spread 
is used, keep a sample of 350 birds unvaccinated and banded for 
identification until the flock reaches at least 4 months of age. 
Following negative serological and bacteriological examinations as 
described in paragraph (d)(1)(vii) of this section, vaccinate the 
banded, non-vaccinated birds.
* * * * *


Sec. 145.24  [Amended]

    9. In Sec. 145.24, paragraph (a)(2), at the end of the last 
sentence, the words ``in accordance with rules of practice adopted by 
the Administrator'' would be added immediately after the word 
``hearing''.
    10. Section 145.33 would be amended as follows:
    a. By revising paragraph (c)(2).
    b. In paragraph (h), the introductory text, by removing the word 
``primary''.
    c. By revising paragraph (h)(1)(i).
    d. In paragraph (h)(1)(iv), by adding the words ``or under the 
supervision of'' immediately after the word ``by''.
    e. By revising paragraph (h)(1)(vi).
    f. In paragraph (h)(3), the first sentence, by removing the word 
``in'' immediately before the words ``paragraph (h)(1)(iv)'' and by 
adding the words ``and/or 500 cloacal swabs collected in accordance 
with Sec. 147.12(a)(2) of this chapter'' immediately before the word 
``must''.


Sec. 145.33  Terminology and classification; flocks and products.

* * * * *
    (c) * * *
    (2) A participant handling U.S. M. Gallisepticum Clean products 
must keep these products separate from other products through the use 
of separate hatchers and incubators, separate hatch days, and proper 
hatchery sanitation and biosecurity (see Secs. 147.22, 147.23, and 
147.24) in a manner satisfactory to the Official State Agency: 
Provided, That U.S. M. Gallisepticum Clean chicks from primary breeding 
flocks must be produced in incubators and hatchers in which only eggs 
from flocks qualified under paragraph (c)(1)(i) of this section are 
set.
* * * * *
    (h) * * *
    (1) * * *
    (i) The flock originated from a U.S. S. Enteritidis Clean flock, or 
one of the following samples has been examined bacteriologically for S. 
enteritidis at an authorized laboratory and any group D Salmonella 
samples have been serotyped:
    (A) A 25-gram sample of meconium from the chicks in the flock 
collected and cultured as described in Sec. 147.12(a)(5) of this 
chapter; or
    (B) A sample of chick papers collected and cultured as described in 
Sec. 147.12(c) of this chapter; or
    (C) A sample of 10 chicks that died within 7 days after hatching.
* * * * *
    (vi) Hatching eggs produced by the flock are collected as quickly 
as possible and are handled as described in Sec. 147.22 of this 
chapter.
* * * * *


Sec. 145.34  [Amended]

    11. In Sec. 145.34, paragraphs (a)(2) and (b)(2) would each be 
amended by adding the words ``in accordance with rules of practice 
adopted by the Administrator'' immediately after the word ``hearing''.


Sec. 145.44  [Amended]

    12. In Sec. 145.44, paragraphs (a)(2), (b)(2), and (c)(2) would be 
each amended by adding the words ``in accordance with rules of practice 
adopted by the Administrator'' immediately after the word ``hearing''.


Sec. 145.53  [Amended]

    13. In Sec. 145.53, paragraph (a) would be removed and reserved.


Sec. 145.54  [Amended]

    14. In Sec. 145.54, paragraph (a)(2) would be amended by adding the 
words ``in accordance with rules of practice adopted by the 
Administrator'' immediately after the word ``hearing''.

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

    15. The authority citation for part 147 would be revised to read as 
follows:

    Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.4.


Sec. 147.5  [Amended]

    16. Section 147.5 would be amended as follows:
    a. In paragraph (c), by removing the numbers ``1:20'' and adding 
the numbers ``1:40'' in their place.
    b. In paragraph (d), the introductory text, by removing the numbers 
``1:20'' and adding the numbers ``1:40'' in their place.
    c. In paragraph (d)(2), by removing the words ``10 microliters 
(0.01 cc.)'' and adding the words ``5 microliters (0.005 cc.)'' in 
their place.


Sec. 147.7  [Amended]

    17. In Sec. 147.7, paragraph (e)(2)(ii)(B) would be amended by 
removing the third and fourth sentences.
    18. In Sec. 147.11, paragraph (a) would be revised to read as 
follows:


Sec. 147.11  Laboratory procedure recommended for the bacteriological 
examination of Salmonella.

    (a) For egg-and meat-type chickens, waterfowl, exhibition poultry, 
and game birds. All reactors to the Pullorum-Typhoid tests, up to 25 
birds, and birds from Salmonella enteritidis (SE) positive environments 
should be cultured in accordance with both the direct (paragraph 
(a)(1)of this section) and selective enrichment (paragraph (a)(2) of 
this section) procedures described in this section. Careful aseptic 
technique should be used when collecting all tissue samples.
    (1) Direct culture (refer to illustration 1 to this section). 
Grossly normal or diseased liver, heart, pericardial sac, spleen, lung, 
kidney, peritoneum, gallbladder, oviduct, misshapen ova or testes, 
inflamed or unabsorbed yolk sac, and other visibly pathological tissues 
where purulent, necrotic, or proliferative lesions are seen (including 
cysts, abscesses, hypopyon, and inflamed serosal surfaces) should be 
sampled for direct culture using either

[[Page 37927]]

flamed wire loops or sterile swabs. Since some strains may not 
dependably survive and grow in certain selective media, inoculate non-
selective plates (such as blood or nutrient agar) and selective plates 
(such as MacConkey [MAC] and brilliant green novobiocin [BGN] for 
pullorum-typhoid and MAC, BGN, and xylose-lysine-tergitol 4 [XLT 4] for 
SE). After inoculating the plates, pool the swabs from the various 
organs into a tube of non-selective broth (such as nutrient or brain-
heart infusion). Refer to illustration 1 for recommended 
bacteriological recovery and identification procedures.\7\ Proceed 
immediately with collection of organs and tissues for selective 
enrichment culture.
---------------------------------------------------------------------------

    \7\ Biochemical identification charts may be obtained from ``A 
Laboratory Manual for the Isolation and Identification of Avian 
Pathogens,'' chapter 2, Salmonellosis. Fourth edition, 1998, 
American Association of Avian Pathologists, Inc., Kennett Square, PA 
19348.
---------------------------------------------------------------------------

    (2) Selective enrichment culture (refer to illustration 1 to this 
section). Collect and culture organ samples separately from intestinal 
samples, with intestinal tissues collected last to prevent cross-
contamination. Samples from the following organs or sites should be 
collected for culture in selective enrichment broth:
    (i) Heart (apex, pericardial sac, and contents if present);
    (ii) Liver (portions exhibiting lesions or, in grossly normal 
organs, the drained gallbladder and adjacent liver tissues);
    (iii) Ovary-Testes (entire inactive ovary or testes, but if ovary 
is active, include any atypical ova);
    (iv) Oviduct (if active, include any debris and dehydrated ova);
    (v) Kidneys and spleen; and
    (vi) Other visibly pathological sites where purulent, necrotic, or 
proliferative lesions are seen.
    (3) From each bird, aseptically collect 10 to 15 grams of each 
organ or site listed in paragraph (a)(2) of this section. Mince, grind, 
or blend and place in a sterile plastic bag. All the organs or sites 
listed in paragraph (a)(2) of this section from the same bird may be 
pooled into one bag. Do not pool samples from more than one bird. Add 
sufficient tetrathionate enrichment broth to give a 1:10 (sample to 
enrichment) ratio. Follow the procedure outlined in illustration 1 for 
the isolation and identification of Salmonella.
    (4) From each bird, aseptically collect 10 to 15 grams of each of 
the following parts of the digestive tract: Crop wall, duodenum, 
jejunum (including remnant of yolk sac), both ceca, cecal tonsils, and 
rectum-cloaca. Mince, grind, or blend tissues and pool them into a 
sterile plastic bag. Do not pool tissues from different birds into the 
same sample. Add sufficient tetrathionate enrichment broth to give a 
1:10 (sample to enrichment) ratio. Follow the procedure outlined in 
illustration 1 for the isolation and identification of Salmonella.
    (5) After selective enrichment, inoculate selective plates (such as 
MAC and BGN for pullorum-typhoid and MAC, BGN, and XLT 4) for SE. 
Inoculate three to five Salmonella-suspect colonies from plates into 
triple sugar iron (TSI) and lysine iron agar (LIA) slants. Screen 
colonies by serological (i.e., serogroup) and biochemical procedures 
(e.g., the Analytical Profile Index for Enterobacteriaceae [API]) as 
shown in illustration 1. As a supplement to screening three to five 
Salmonella-suspect colonies on TSI and LIA slants, a group D colony 
lift assay may be utilized to signal the presence of hard-to-detect 
group D Salmonella colonies on agar plates.
    (6) If the initial selective enrichment is negative for Salmonella, 
a delayed secondary enrichment (DSE) procedure is used. Leave the 
tetrathionate-enriched sample at room temperature for 5 to 7 days. 
Transfer 1 mL of the culture into 10 mL of fresh tetrathionate 
enrichment broth, incubate at 37  deg.C for 20 to 24 hours, and plate 
as before.
    (7) Serogroup all isolates identified as salmonellae and serotype 
all serogroup D1 isolates. Phage-type all SE isolates.
BILLING CODE 3410-34-U

[[Page 37928]]

Illustration 1.--Procedure for culturing Pullorum-Typhoid reactors 
and birds from SE-positive environments.
[GRAPHIC] [TIFF OMITTED] TP20JY01.002


[[Page 37929]]


* * * * *
    19. Section 147.12 would be amended as follows:
    a. By revising the section heading.
    b. In paragraph (a), the introductory text, by removing the word 
``shall'' and adding the word ``should'' in its place.
    c. In paragraph (a)(1)(i), by removing the words ``(Hajna or 
Mueller-Kauffmann Tetrathionate Brilliant Green)''.
    d. In paragraph (a)(3), the introductory text, by adding the words 
``(or commercially available sponges designed for this purpose)'' 
immediately before the words ``, a key component''.
    e. In paragraph (a)(3)(ii), by removing the words ``paragraph 
(a)(1)'' and adding the words ``paragraph (a)(3)(i)'' in their place.
    f. In paragraph (a)(3)(iv), by revising the first two sentences.
    g. By adding new paragraphs (a)(4) and (a)(5).
    h. By removing paragraph (c), redesignating paragraph (b) as 
paragraph (c), and adding a new paragraph (b).


Sec. 147.12  Procedures for collection, isolation, and identification 
of Salmonella from environmental samples, cloacal swabs, chick box 
papers, and meconium samples.

* * * * *
    (a) * * *
    (3) * * *
    (iv) Nest box or egg belt sampling technique. Collect nest box or 
egg belt samples by using two 3-by-3 inch sterile gauze pads 
premoistened with double-strength skim milk and wiping the pads over 
assorted locations in about 10 percent of the total nesting area or the 
egg belt. * * *
* * * * *
    (4) 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 
(a)(4)(i) of this section or submit chick box papers directly to a 
laboratory in accordance with paragraph (a)(4)(ii) of this section. It 
is important that the paper be removed from the chick box before the 
box is placed in the brooding house.
    (i) Instructions for collecting samples from chick box papers:
    (A) Collect 1 chick box paper for each 10 boxes of chicks placed in 
a house and lay the papers on a clean surface.
    (B) 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.
    (C) Saturate a sterile 3-by-3 inch gauze pad with double-strength 
skim milk (see footnote 12 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.
    (D) 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.
    (E) 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.
    (ii) The Plan participant may send chick box papers directly to a 
laboratory, where samples may be collected as described in paragraph 
(a)(4)(i) of this section. To send chick box papers directly to a 
laboratory:
    (A) 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.
    (B) 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.
    (iii) The laboratory must follow the procedure set forth in 
paragraph (a)(5) of this section for testing chick meconium for 
Salmonella.
    (5) Chick meconium testing procedure for Salmonella.
    (i) Record the date, source, and flock destination on the 
``Meconium Worksheet.''
    (ii) Shake each plastic bag of meconium until a uniform consistency 
is achieved.
    (iii) Transfer a 25 gm sample of meconium to a sterile container. 
Add 225 mL of a preenrichment broth to each sample (this is a 1:10 
dilution), mix gently, and incubate at 37  deg.C for 18-24 hours.
    (iv) Enrich the sample with selective enrichment broth for 24 hours 
at 42  deg.C.
    (v) Streak the enriched sample onto brilliant green novobiocin 
(BGN) agar and xylose-lysine-tergitol 4 (XLT4) agar.
    (vi) Incubate both plates at 37  deg.C for 24 hours and process 
suspect Salmonella colonies according to paragraph (b) of this section.
    (b) Isolation and identification of Salmonella. Either of the two 
enrichment procedures in this paragraph may be used.
    (1) Tetathionate enrichment with delayed secondary enrichment 
(DSE):
    (i) Add tetrathionate enrichment broth to the sample to give a 1:10 
(sample to enrichment) ratio. Incubate the sample at 37 or 41.5  deg.C 
for 20 to 24 hours as shown in illustration 2.
    (ii) After selective enrichment, inoculate selective plates (such 
as BGN and XLT4). Incubate the plates at 37  deg.C for 20 to 24 hours. 
Inoculate three to five Salmonella-suspect colonies from the plates 
into triple sugar iron (TSI) and lysine iron agar (LIA) slants. 
Incubate the slants at 37  deg.C for 20 to 24 hours. Screen colonies by 
serological (i.e., serogroup) and biochemical (e.g., API) procedures as 
shown in illustration 2. As a supplement to screening three to five 
Salmonella-suspect colonies on TSI and LIA slants, a group D colony 
lift assay may be utilized to signal the presence of hard-to-detect 
group D Salmonella colonies on agar plates.
    (iii) If the initial selective enrichment is negative for 
Salmonella, use a DSE procedure. Leave the original tetrathionate-
enriched sample at room temperature for 5 to 7 days. Transfer 1 mL of 
the culture into 10mL of fresh tetrathionate enrichment broth, incubate 
at 37  deg.C for 20 to 24 hours, and plate as in paragraph (b)(1)(ii) 
of this section.
    (iv) Serogroup all isolates identified as Salmonella and serotype 
all serogroup D isolates. Phage-type all Salmonella enteritidis 
isolates.
    (2) Pre-enrichment followed by selective enrichment. (See 
illustration 2.)

[[Page 37930]]

Illustration 2.--Culture procedures for environmental samples, 
chick papers, or meconium.
[GRAPHIC] [TIFF OMITTED] TP20JY01.003


[[Page 37931]]


* * * * *


Sec. 147.18  [Removed]

    20. Section 147.18 would be removed.
    21. Section 147.22 would be revised to read as follows:


Sec. 147.22  Hatching egg sanitation.

    Hatching eggs should be collected from the nests at frequent 
intervals and, to aid in the prevention of contamination with disease-
causing organisms, the following practices should be observed:
    (a) Cleaned and disinfected containers, such as egg flats, should 
be used in collecting the nest eggs for hatching. Egg handlers should 
thoroughly wash their hands with soap and water prior to and after egg 
collection. Clean outer garments should be worn.
    (b) Dirty eggs should not be used for hatching purposes and should 
be collected in a separate container from the nest eggs. Slightly 
soiled nest eggs may be gently dry cleaned by hand.
    (c) Hatching eggs should be stored in a designated egg room under 
conditions that will minimize egg sweating. The egg room walls, 
ceiling, floor, door, heater, and humidifier should be cleaned and 
disinfected after every egg pickup. Cleaning and disinfection 
procedures should be as outlined in Sec. 147.24.
    (d) The egg processing area should be cleaned and disinfected 
daily.
    (e) Effective rodent and insect control programs should be 
implemented.
    (f) The egg processing building or area should be designed, 
located, and constructed of such materials as to assure that proper egg 
sanitation procedures can be carried out, and that the building itself 
can be easily, effectively, and routinely sanitized.
    (g) All vehicles used for transporting eggs or chicks/poults should 
be cleaned and disinfected after use. Cleaning and disinfection 
procedures should be as outlined in Sec. 147.24.
    22. Section 147.23 would be revised to read as follows:


Sec. 147.23  Hatchery sanitation.

    An effective program for the prevention and control of Salmonella 
and other infections should include the following measures:
    (a) An effective hatchery sanitation program should be designed and 
implemented.
    (b) The hatchery building should be arranged so that separate rooms 
are provided for each of the four operations: Egg receiving, incubation 
and hatching, chick/poult processing, and egg tray and hatching basket 
washing. Traffic and airflow patterns in the hatchery should be from 
clean areas to dirty areas (i.e., from egg room to chick/poult 
processing rooms) and should avoid tracking from dirty areas back into 
clean areas.
    (c) The hatchery rooms, and tables, racks, and other equipment in 
them should be thoroughly cleaned and disinfected frequently. All 
hatchery wastes and offal should be burned or otherwise properly 
disposed of, and the containers used to remove such materials should be 
cleaned and sanitized after each use.
    (d) The hatching compartments of incubators, including the hatching 
trays, should be thoroughly cleaned and disinfected after each hatch.
    (e) Only clean eggs should be used for hatching purposes.
    (f) Only new or cleaned and disinfected egg cases should be used 
for transportation of hatching eggs. Soiled egg case fillers should be 
destroyed.
    (g) Day-old chicks, poults, or other newly hatched poultry should 
be distributed in clean, new boxes and new chick papers. All crates and 
vehicles used for transporting birds should be cleaned and disinfected 
after each use.
    23. Section 147.24 would be amended as follows:
    a. In paragraph (a), the introductory text, by removing the words 
``, hatchery rooms and delivery trucks''.
    b. By revising paragraphs (a)(1) and (a)(3).
    c. In paragraph (b), the introductory text, by adding the words 
``and hatchery rooms'' immediately after the word ``hatchers''.
    d. By revising paragraph (b)(1).
    e. In paragraph (b)(3), by removing the word ``sanitized'' and 
adding the word ``disinfected'' in its place.
    f. By redesignating paragraph (c) as paragraph (b)(4) and adding a 
new paragraph (c).


Sec. 147.24  Cleaning and disinfecting.

* * * * *
    (a) * * *
    (1) Remove all live ``escaped'' and dead birds from the building. 
Blow dust from equipment and other exposed surfaces. Empty the residual 
feed from the feed system and feed pans and remove it from the 
building. Disassemble feeding equipment and dump and scrape as needed 
to remove any and all feed cake and residue. Clean up spilled feed 
around the tank and clean out the tank. Rinse down and wash out the 
inside of the feed tank to decontaminate the surfaces and allow to dry.
* * * * *
    (3) Wash down the entire inside surfaces of the building and all 
the installed equipment such as curtains, ventilation ducts and 
openings, fans, fan housings and shutters, feeding equipment, watering 
equipment, etc. Use high pressure and high volume water spray (for 
example 200 pounds per square inch and 10 gallons per minute or more) 
to soak into and remove the dirt to decontaminate the building. Scrub 
the walls, floors, and equipment with a hot soapy water solution. Rinse 
to remove soap.
* * * * *
    (b) * * *
    (1) Use cleaning agents and sanitizers that are registered by the 
U.S. Environmental Protection Agency as germicidal, fungicidal, 
pseudomonocidal, and tuberculocidal. Use manufacturer's recommended 
dilution. Remove loose organic debris by sweeping, scraping, vacuuming, 
brushing, or scrubbing, or by hosing surface with high pressure water 
(for example 200 pounds per square inch and 10 gallons per minute or 
more). Remove trays and all controls and fans for separate cleaning. 
Use hot water (minimum water temperature of 140  deg.F) for cleaning 
hatching trays and chick separator equipment. Thoroughly wet the 
ceiling, walls, and floors with a stream of water, then scrub with a 
hard bristle brush. Use a cleaner/sanitizer that can penetrate protein 
and fatty deposits. Allow the chemical to cling to treated surfaces at 
least 10 minutes before rinsing off. Manually scrub any remaining 
deposits of organic material until they are removed. Rinse until there 
is no longer any deposit on the walls, particularly near the fan 
opening, and apply disinfectant. Use a clean and sanitized squeegee to 
remove excess water, working down from ceilings to walls to floors and 
being careful not to recontaminate cleaned areas.
* * * * *
    (c) The egg and chick/poult delivery truck drivers and helpers 
should use the following good biosecurity practices while picking up 
eggs or delivering chicks/poults:
    (1) Spray truck tires thoroughly with disinfectant before leaving 
the main road and entering the farm driveway.
    (2) Put on sturdy, disposable plastic boots or clean rubber boots 
before getting out of the truck cab. Put on a clean smock or coveralls 
and a hairnet before entering the poultry house.
    (3) After loading eggs or unloading chicks/poults, remove the dirty 
smock/coveralls and place into plastic garbage bag before loading in 
the truck. Be sure to keep clean coveralls separate from dirty ones.

[[Page 37932]]

    (4) Reenter the cab of the truck and remove boots before placing 
feet onto floorboards. Remove hairnet and leave with disposable boots 
on farm.
    (5) Sanitize hands using appropriate hand sanitizer.
    (6) Return to the hatchery or go to the next farm and repeat the 
process.


Sec. 147.25  [Amended]

    24. Section 147.25 would be amended by removing the words ``as an 
essential'' and adding the words ``or rooms as a'' in their place.
    25. Section 147.26 would be amended as follows:
    a. By revising paragraph (a).
    b. In paragraph (b)(5), by removing the word ``Keep'' and adding 
the words ``Establish a rodent control program to keep'' in its place.
    c. By removing paragraph (b)(10) and redesignating paragraphs 
(b)(11) through (b)(15) as paragraphs (b)(10) through (b)(14), 
respectively.


Sec. 147.26  Procedures for establishing isolation and maintaining 
sanitation and good management practices for the control of Salmonella 
and Mycoplasma infections.

    (a) The following procedures are required for participation under 
the U.S. Sanitation Monitored, U.S. M. Gallisepticum Clean, U.S. M. 
Synoviae Clean, U.S. S. Enteritidis Monitored, and U.S. S. Enteritidis 
Clean classifications:
    (1) Allow no visitors except under controlled conditions to 
minimize the introduction of Salmonella and Mycoplasma. Such conditions 
must be approved by the Official State Agency and the Service;
    (2) Maintain breeder flocks on farms free from market birds and 
other domesticated fowl. Follow proper isolation procedures as approved 
by the Official State Agency;
    (3) Dispose of all dead birds by locally approved methods.
* * * * *
    26. In Sec. 147.43, paragraph (b) would be revised to read as 
follows:


Sec. 147.43  General Conference Committee.

* * * * *
    (b) The regional committee members and their alternates will be 
elected by the official delegates of their respective regions, and the 
member-at-large will be elected by all official delegates. There must 
be at least two nominees for each position, the voting will be by 
secret ballot, and the results will be recorded. At least one nominee 
from each region must be from an underrepresented group (minorities, 
women, or persons with disabilities). The process for soliciting 
nominations for regional committee members will include, but not be 
limited to: Advertisements in at least two industry journals, such as 
the newsletters of the American Association of Avian Pathologists, the 
National Chicken Council, the United Egg Producers, and the National 
Turkey Federation; a Federal Register announcement; and special 
inquiries for nominations from universities or colleges with minority/
disability enrollments and faculty members in poultry science or 
veterinary science.
* * * * *

    Done in Washington, DC, this 11th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17805 Filed 7-19-01; 8:45 am]
BILLING CODE 3410-34-U