[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Rules and Regulations]
[Page 38326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18485]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 145

[Docket No. APHIS-2007-0042]
RIN 0579-AC78


National Poultry Improvement Plan and Auxiliary Provisions; 
Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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

SUMMARY: In a final rule that was published in the Federal Register on 
April 1, 2009 (74 FR 14710-14719, Docket No. APHIS-2007-0042), and 
effective on May 1, 2009, 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 that final rule, we amended the U.S. Avian 
Influenza Clean program for multiplier meat-type chicken breeding 
flocks to require that 15 birds be tested to retain the classification, 
rather than 30. However, our amendatory instruction accomplishing this 
change also amended the program to require multiplier spent fowl to be 
tested within 15 days prior to movement to slaughter, rather than 30 
days. We had intended to retain the 30-day requirement. This document 
corrects that error.

DATES: Effective Date: August 3, 2009.

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 101, 
Conyers, GA 30094-5104; (770) 922-3496.

SUPPLEMENTARY INFORMATION: 

Background

    In a final rule that was published in the Federal Register on April 
1, 2009 (74 FR 14710-14719, Docket No. APHIS-2007-0042), and effective 
on May 1, 2009, 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. The regulations in 9 CFR parts 145, 146, and 147 contain the 
provisions of the Plan.
    We amended the U.S. Avian Influenza Clean program for multiplier 
meat-type chicken breeding flocks in Sec.  145.33(l) by reducing the 
sample of birds required to be tested from 30 to 15 and reducing the 
interval at which the sample must be tested from 180 to 90 days. As the 
30-bird sample is referred to 4 times in paragraph (l), the amendatory 
instruction to accomplish this change indicated that the numeral ``30'' 
should be replaced each time it occurred in paragraph (l) with the 
numeral ``15.'' However, paragraph (l)(2)(i) of Sec.  145.33 also 
contained a requirement that multiplier spent fowl be tested within 30 
days prior to movement to slaughter. Thus, our amendatory instruction 
inadvertently changed that requirement to require testing of multiplier 
spent fowl 15 days prior to slaughter. We had intended to retain the 
30-day requirement. This document corrects that error.

List of Subjects in 9 CFR Part 145

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

0
Accordingly, we are amending 9 CFR part 145 as follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

0
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.  145.33  [Amended]

0
2. In Sec.  145.33, paragraph (l)(2)(i) is amended by removing the 
words ``15 days'' and adding the words ``30 days'' in their place.

    Done in Washington, DC, this 27th day of July 2009.
William H. Clay,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-18485 Filed 7-31-09; 8:45 am]
BILLING CODE 3410-34-P