[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Rules and Regulations]
[Pages 7679-7680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3594]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 145

[Docket No. 03-017-3]


National Poultry Improvement Plan; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule published in the Federal Register on November 
14, 2003, and effective December 15, 2003, we amended 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. In one instance in that final 
rule, we misidentified the type of birds to be tested under the U.S. 
Avian Influenza Clean program for waterfowl, exhibition poultry, and 
game bird breeding flocks. Therefore, we are amending the provisions of 
the Plan so that they correctly identify the type of birds to be 
tested.

EFFECTIVE DATE: December 15, 2003.

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

    In a final rule published in the Federal Register on November 14, 
2003 (68 FR 64507-64512, Docket No. 03-017-2), and effective December 
15, 2003, we amended 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.
    As part of that final rule, we added a new U.S. Avian Influenza 
Clean program to the regulations governing waterfowl, exhibition 
poultry, and game bird breeding flocks in Sec.  145.53(e). Under that 
program, we require that a sample of at least 30 birds must test 
negative for antibodies to avian influenza in order for a flock to 
retain its U.S. Avian Influenza Clean classification; for primary 
breeding flocks, the maximum interval between tests is 90 days, and for 
multiplier breeding flocks, the maximum interval between tests is 180 
days. However, the regulations provide that a sample of fewer than 30 
birds may be tested at any one time if all pens are equally represented 
and a total of 30 birds are tested within each 90- or 180-day period.
    In paragraph (e)(2)(ii) of Sec.  145.53 in our final rule, we 
stated ``[a] sample of fewer than 30 birds may be tested, and found to 
be negative, at any one time if all pens are equally represented and a 
total of 30 unvaccinated sentinel birds are tested within each 180-day 
period.'' Our reference to ``unvaccinated sentinel birds'' in Sec.  
145.53(e)(2)(ii) was in error. Everywhere else in Sec.  145.53(e) where 
we refer to required testing, we refer simply to ``birds,'' and there 
are no provisions made in the U.S. Avian Influenza Clean program 
described in Sec.  145.53(e) for the use of sentinel birds or the 
setting aside of unvaccinated birds. Therefore, we are amending Sec.  
145.53(e)(2)(ii) in this document to remove the words ``unvaccinated 
sentinel'' before the word ``birds'' in that paragraph.

List of Subjects in 9 CFR Part 145

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

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Accordingly, we are amending 9 CFR part 145 as follows:

[[Page 7680]]

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  145.53  [Amended]

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2. In Sec.  145.53, paragraph (e)(2)(ii) is amended by removing the 
words ``unvaccinated sentinel''.

    Done in Washington, DC, this 12th day of February, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-3594 Filed 2-18-04; 8:45 am]
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