[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Proposed Rules]
[Pages 49107-49118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12659]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / 
Proposed Rules  

[[Page 49107]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 56, 145, 146, and 147

[Docket No. APHIS-2022-0056]
RIN 0579-AE74


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations governing the 
National Poultry Improvement Plan (NPIP). These amendments would, among 
other things, condition indemnity for low pathogenicity avian influenza 
on adherence to biosecurity plans, clarify existing provisions of the 
regulations, fix editorial errors, and align the regulations more 
closely with current producer practices. These proposed changes were 
voted on and approved by the voting delegates at the NPIP's 2022 
National Plan Conference.

DATES: We will consider all comments that we receive on or before 
August 12, 2024.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2022-0056 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2022-0056, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at www.regulations.gov or in our reading room, which is 
located in room 1620 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) 7997039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Elena Behnke, DVM, Senior 
Coordinator, National Poultry Improvement Plan, VS, APHIS, USDA, 1506 
Klondike Road, Suite 301, 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 poultry diseases. 
Participation in all Plan programs is voluntary, but breeding flocks, 
hatcheries, and dealers must first qualify as ``U.S. Pullorum-Typhoid 
Clean'' as a condition for participating in the other Plan programs.
    The Plan identifies States, independent flocks, hatcheries, 
dealers, and slaughter plants 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 56, 145, 146, and 147 (referred to 
below as the regulations) contain the provisions of the Plan. The 
Animal and Plant Health Inspection Service (APHIS) amends these 
provisions from time to time to incorporate new scientific information 
and technologies within the Plan, and to ensure the plan reflects 
changes to the poultry industry itself. The changes we are proposing, 
which are discussed below, were approved by the voting delegates at the 
Plan's 2022 Biennial Conference. Participants and voting delegates at 
the Biennial Conference represented the poultry industry, flock owners, 
breeders, hatchery men, slaughter plants, poultry veterinarians, 
diagnostic laboratory personnel, Official State Agencies from 
cooperating States, and other poultry industry affiliates.
    In this document, we first discuss editorial oversights from the 
last rulemaking to update the NPIP regulations that we are proposing to 
correct in this proposed rule. Then, we address the other proposals, in 
the order in which they would appear in the regulations. Finally, we 
discuss proposed changes to the Program Standards document that 
accompanies the regulations and provides guidance on their application.

Editorial Oversights From the Previous Rulemaking

    On October 5, 2020, we published a final rule in the Federal 
Register (85 FR 62559-62572, Docket No. APHIS-2018-0062) \1\ that 
codified changes to the regulations that were voted on and approved by 
the voting delegates at the NPIP's 2018 National Plan Conference.
---------------------------------------------------------------------------

    \1\ To view the final rule, go to www.regulations.gov and enter 
APHIS-2018-0062 in the Search field.
---------------------------------------------------------------------------

    Among the changes to the regulations in that October 2020 final 
rule were revisions to the regulations in part 56, which govern the 
payment of indemnity for low pathogenicity avian influenza (LPAI). As 
one of these revisions, we intended to revise references to cleaning 
and disinfection for LPAI to ``virus elimination'' throughout part 56, 
or otherwise add the term ``virus elimination'' after references to 
cleaning and disinfection. As we stated in the proposed rule on which 
the October 2020 final rule was based, ``virus elimination'' is the 
term used in many foreign countries for cleaning and disinfection 
measures conducted to destroy or eliminate all LPAI virus on an 
affected premises, and we wished to underscore the restrictive sense in 
which cleaning and disinfection was being used in the regulations in 
part 56.
    However, while we updated the terminology in several sections in 
part 56, we inadvertently overlooked instances in Sec. Sec.  56.3 and 
56.5 in which the terminology was not updated. We propose to add 
references to virus elimination in these two sections.
    In the October 2020 final rule, we added provisions throughout the 
regulations for a U.S. Newcastle Disease Clean classification. Our 
intent was to indicate that, for that classification, a minimum of 30 
birds per flock must test negative using an approved test at intervals 
of 90 days, or, alternatively, a sample of fewer than 30 birds may be 
tested, and found negative, at any one time if all pens are equally 
represented

[[Page 49108]]

and a total of 30 birds is tested within each 90-day period, and, 
regardless of which of the two foregoing testing options is chosen, 
during each 90-day period, all primary spent fowl, up to a maximum of 
30, must test negative within 21 days prior to movement. However, due 
to the punctuation used for these provisions, they could be construed 
to mean that primary spent fowl testing is optional depending on the 
flock testing protocol used. This was not our intent, and we are 
revising the Newcastle Disease Clean classification provisions 
throughout the NPIP regulations to align them with our intent.
    In the October 2020 final rule, we added a subpart J to part 145 of 
the regulations, which added testing regimes, terminology, and programs 
specifically designed for the game bird industry. However, in several 
instances where sections or subparts are listed within the regulations, 
we inadvertently neglected to update the lists to include references to 
this new subpart J. We are correcting this oversight throughout part 
145.
    In adding subpart J to part 145, we stated, in paragraph (e) of 
Sec.  145.102, that it was recommended that gallinaceous flocks that 
participate in the plan and waterfowl be kept separate. However, our 
definition of the term game bird in Sec.  145.101 indicated that it was 
limited to domesticated fowl; this would preclude a producer who has 
waterfowl on the same premises from participating under the regulations 
in subpart J. We are revising paragraph (e) to clarify that 
gallinaceous flocks and waterfowl may not be raised on the same 
premises, and, if they are, they must be registered under subpart E of 
part 145 instead. This subpart contains provisions of the plan 
specifically designed for producers of hobbyist poultry, exhibition 
poultry, and raised-for-release waterfowl.
    In Sec.  145.103 of subpart J, we included a typographical error in 
which the word ``Typhoid'' was misspelled ``Typhid.'' We are correcting 
this misspelling.
    Subpart E of part 146 of the regulations contains definitions and 
requirements for Plan participants within the game bird, commercial 
waterfowl, and raised-for-release waterfowl industries who produce 
meat- or egg-type flocks. In the proposed rule on which the October 
2020 final rule was based, we proposed to update the terminology in 
subpart E to match other subparts within part 146 by replacing the term 
``commercial'' with ``egg/meat-type.'' However, we neglected to make 
corresponding changes to Sec. Sec.  146.3, 146.6, and 146.9, which 
contain references to the types of commercial flocks that may 
participate in the plan under the provisions in part 146. We also 
neglected to make a similar harmonizing change in paragraph (a)(9) of 
Sec.  147.46. We are correcting these oversights by harmonizing the 
language accordingly.

Proposed Revisions to Part 56

    As we mentioned above, the regulations in part 56 govern the 
payment of indemnity for LPAI. Section 56.1 contains definitions of 
terms used within that part. We are proposing several revisions to this 
section. First, we are proposing to add a definition of the National 
Poultry Improvement Plan (NPIP) Program Standards. As we do in Sec.  
145.1 of the NPIP regulations, we propose to define the term as ``A 
document that contains tests and sanitation procedures approved by the 
Administrator pursuant to Sec.  147.53 of this chapter.'' Also 
consistent with that definition in Sec.  145.1, the proposed definition 
would further specify how the Program Standards may be obtained. The 
regulations in part 56 currently do not refer to the NPIP Program 
Standards, however, as discussed below, we are proposing to add 
references to them and consider a definition warranted in light of 
those proposed additions.
    Currently, Sec.  56.1 defines Virus elimination (VE) as ``Cleaning 
and disinfection measures conducted to destroy or eliminate all AI 
virus on an affected premises.'' However, virus elimination may also 
include methods such as fallowing for premises with dirt floors. To 
reflect this, we are proposing that virus elimination be defined as 
``Cleaning and disinfection or other measures conducted to destroy or 
eliminate all AI virus on the premises.''
    Currently, paragraph (b) of Sec.  56.3 provides that the 
Administrator of APHIS is authorized to pay 100 percent of costs and/or 
compensation for activities listed in paragraphs (a)(1) through (3) of 
the section, except for poultry that are described by the categories in 
the subparagraphs of paragraph (b). The section further specifies that 
the Administrator may only pay 25 percent of costs for infected or 
exposed poultry described in any of those categories.
    However, the categories in these subparagraphs, in certain 
instances, currently contain double negatives, which could make it 
difficult for producers to ascertain whether they qualified for 100 
percent or 25 percent of the listed activities for which cost or 
compensation may be paid. To assist in readability, we are 
restructuring the introductory text of paragraph (b) so that it 
provides that producers meeting the conditions in paragraphs (b)(1) or 
(2) would be eligible for 100 percent of costs and/or compensation, and 
we are restructuring these subparagraphs so that they contain positive 
conditions that must be met in order to be eligible for 100 percent 
indemnification. Finally, we are adding paragraph (b)(3) which would 
articulate the categories that are eligible for 25 percent, rather than 
100 percent. Again, it is not our intent in these revisions to change 
the eligibility requirements, but simply to make them easier to 
interpret. To that end, in the regulatory text at the end of this 
document, we lay out our proposed revision to paragraph (b) in its 
entirety for ease of readability and public comment. We also request 
specific public comment regarding whether there is a different 
structure for the section that would be clearer and more readable than 
our proposed revisions.
    Section 56.5 contains provisions regarding destruction and disposal 
of poultry, as well as cleaning and disinfection (virus elimination) of 
premises, conveyances, and materials. Within that section, paragraph 
(c) contains provisions regarding the conditions under which infected 
or exposed poultry for H5/H7 LPAI may be controlled marketed, rather 
than depopulated, at the discretion of the cooperating State agency and 
APHIS. The requirements provide that:
     Poultry infected with or exposed to H5/H7 LPAI must not be 
transported to a market for controlled marketing until approved by the 
Cooperating State Agency in accordance with the initial State response 
and containment plan, which is described in Sec.  56.10 of the 
regulations.
     Within 7 days prior to slaughter, each flock to be moved 
for controlled marketing must be tested for H5/H7 LPAI using a test 
approved by the Cooperating State Agency and found to be free of the 
virus.
     Routes to slaughter must avoid other commercial poultry 
operations whenever possible. All load-out equipment, trailers, and 
trucks used on the premises that have housed poultry must undergo virus 
elimination procedures and not enter other poultry premises or 
facilities for 48 hours after the virus elimination procedures have 
been completed.
     Flocks moved for controlled marketing must be the last 
poultry marketed during the week they are marketed.
    We are proposing to add an additional requirement, that the poultry 
must be monitored daily for the development of additional and/or 
increased severity of clinical signs with scheduled flock

[[Page 49109]]

observation, tracking, and recording flock(s) mortality, taking action 
as directed by the Official State Agency. We consider this provision 
necessary because controlled marketing permits the movement of birds 
known to be infected with or exposed to disease, and because poultry 
that initially present symptoms consistent with LPAI may subsequently 
present symptoms associated with a disease with more acute morbidity, 
such as HPAI. Daily monitoring and coordination with the Official State 
Agency is therefore appropriate to address this possible risk. To that 
end, in the regulatory text at the end of this document, we lay out 
this new provision in its entirety as proposed paragraph (c)(1)(ii) of 
Sec.  56.5.
    Section 56.10 sets forth requirements for initial State response 
and containment plans for LPAI. Among the current requirements for 
initial State response and containment plans is that a minimum 
biosecurity plan must be followed by all poultry producers in the State 
as indicated in paragraph (a)(2). We are proposing to revise this 
requirement in several manners. First, as articulated in Sec.  56.3, a 
biosecurity plan is not required of all producers as a condition for 
LPAI indemnity, but rather those meeting certain size thresholds. As a 
result, we would clarify that the initial State response and 
containment plan must require biosecurity plans for poultry producers 
based on their flock size as articulated in Sec.  56.3, and, if 
applicable, contracting parties with such producers.
    Second, our experience with avian influenza outbreaks, most notably 
the highly pathogenic avian influenza (HPAI) outbreak of 2022 and 2023, 
has suggested that the requirement needs a mechanism to ensure that the 
biosecurity plans are in fact being followed. As a result, we would 
amend the requirement for biosecurity plans to specify that the 
Official State Agency must determine that they are in place and being 
followed within the State. Likewise, we would specify that the Official 
State Agency must audit the plans for compliance with the biosecurity 
principles approved by the Administrator. These revisions would, in 
turn, authorize Official State Agencies to take on a role of greater 
oversight within their State regarding the implementation and 
maintenance of biosecurity plans. Finally, we would provide that the 
Program Standards document, particularly Standard E, contains the 
biosecurity principles approved by the Administrator. To that end, in 
the regulatory text at the end of this document, we lay out our 
proposed revision to Sec.  56.10 in its entirety for ease of 
readability and public comment.

Proposed Revisions to Part 145

    Section 145.1 of the regulations provides general definitions of 
terms used within the NPIP regulations. We are proposing several 
revisions to this section.
    Currently, the definition for Fowl typhoid or typhoid is ``a 
disease of poultry caused by Salmonella gallinarum,'' and the 
definition for Pullorum disease or pullorum is ``A disease of poultry 
caused by Salmonella pullorum.'' However, since these definitions were 
added to the regulations, the accepted nomenclature for Salmonella spp. 
has changed, and Salmonella is now classified with greater specificity: 
Not only by species, but also by subspecies, serovar, and biovar. 
Moreover, it is that specific pathogenic biovar that the NPIP 
regulations refer to, rather than Salmonella species in the broad 
sense. We are proposing to update the definitions for Fowl typhoid or 
typhoid and Pullorum disease or pullorum accordingly.
    The definition for Hatchery currently is ``Hatchery equipment on 
one premises operated or controlled by any person for the production of 
baby poultry.'' However, hatcheries, such as incubation facilities, may 
be devoted solely to the production of embryonated eggs. We are 
updating the definition accordingly.
    Likewise, the definition for Multiplier breeding stock is ``A flock 
that is intended for the production of hatching eggs used for the 
purpose of producing progeny for commercial egg or meat production or 
for other nonbreeding purposes.'' However, breeding stock may include 
fertile eggs, even if the eggs are not yet hatching. We would remove 
the word ``hatching'' and add the word ``fertile'' in its place.
    The definition for Reactor currently provides that a reactor is a 
bird that has a positive reaction to a test, required or recommended in 
this part or in accordance with the NPIP regulations in 9 CFR part 147, 
for any poultry disease for which a program has been established within 
the NPIP. Currently, Sec.  145.14 of the regulations specifies that 
reactors are considered suspects under the regulations until additional 
confirmatory testing has been conducted in accordance with the 
regulations; however, the definition of Reactor does not refer to this 
provision. As a result, we are proposing to amend the definition of 
Reactor to include the provision that confirmatory testing must be 
conducted before a suspect is reclassified as a reactor.
    Finally, we are proposing to add a definition of Salmonella 
Enteritidis. Provisions for a Clean program for Salmonella Enteritidis 
exist within the regulations, but the term is not currently defined. We 
are proposing to define it as ``A bacteria found in poultry caused by 
Salmonella enterica subspecies enterica serovar Enteritidis (Salmonella 
Enteritidis).''
    Section 145.10 of the regulations contains illustrative designs of 
emblems that flocks and products may be designated with based on their 
participation in various provisions of the Plan. While the regulations 
currently provide for a U.S. Newcastle Clean program, U.S. Avian 
influenza clean compartments, and U.S. Newcastle clean compartments, 
there are not currently corresponding illustrative designs for this 
program and these compartments in Sec.  145.10. We propose to add 
illustrative designs for them.
    Section 145.14 contains poultry testing requirements within the 
NPIP. We are proposing a number of revisions to the section.
    The introductory text to the section currently indicates that, for 
plan programs in which a representative sample may be tested in lieu of 
an entire flock, the minimum number tested shall be 30 birds per house, 
unless otherwise specified within the Plan program, with at least 1 
bird taken from each pen and unit in the house testing. The sentence 
further specifies that this does not apply for the ostrich emu, rhea, 
and cassowary program set forth in Sec.  145.63(a) of the regulations.
    The intent of the sentence is to direct producers, including those 
ostrich, emu, rhea, and cassowary producers enrolled in the program set 
forth in Sec.  145.63, to the relevant testing requirements for their 
program(s), and then provides general requirements for test samples 
within the context of those specific program testing requirements. 
However, the sentence could be read to indicate that it is of general 
applicability except in certain outlying situations when program 
testing requirements indicate otherwise. Moreover, the sentence could 
be construed to mean either that it sets forth minimum testing 
requirements for ostrich, emu, rhea, and cassowary producers enrolled 
in the program set forth in Sec.  145.63(a), while all other producers 
should follow program testing requirements, or that it does not apply 
to ostrich, emu, rhea, and cassowary producers at all, who should 
instead follow the requirements of

[[Page 49110]]

Sec.  145.63. We are proposing to revise the sentence to clarify its 
intent.
    Paragraph (a)(1) provides the official blood tests that may be used 
for Pullorum-Typhoid within the program, and specifies that the tests 
must be conducted in accordance with part 147 of the regulations. 
Guidance and policy related to testing is also found within Program 
Standards document, in Program Standard A, however. We would indicate 
that Program Standard A is also operative when conducting testing.
    Paragraph (a)(6) specifies the manner in which poultry from flocks 
undergoing qualification testing for participation in the NPIP that 
have a positive reaction to an official blood test must be subsequently 
evaluated. Among other provisions, it specifies that, when reactors are 
submitted to an authorized laboratory within 10 days of the date of 
reading of the official blood test, and the bacteriological examination 
fails to demonstrate pullorum-typhoid infection, the Official State 
Agency shall presume that the flock has no pullorum-typhoid reactors. 
However, if poultry from the flock has had a non-negative reaction to 
an official blood test for pullorum-typhoid, by definition it is a 
reactor for pullorum-typhoid, and the culture from the bacteriological 
examination is intended to ascertain whether the poultry is affected 
with Salmonella Pullorum or Salmonella Gallinarum, not whether it has 
reacted to a pullorum-typhoid test. It already has so reacted by the 
time of the culture.
    As a result, we would clarify that if the bacteriological 
examination and culture fails to demonstrate pullorum-typhoid 
infection, the Official State Agency may determine that the flock is 
not infected with Salmonella Pullorum or Salmonella Gallinarum, but the 
poultry are still pullorum-typhoid reactors.
    Section 145.33 sets forth terminology and classification provisions 
for multiplier meat-type chicken breeding flocks and their products, 
while Sec.  145.43 sets forth terminology and classification provisions 
for turkey breeding flocks and their products. Both sections currently 
contain provisions for a U.S. Sanitation monitored program for the 
prevention and control of Salmonellosis. In both sections, the relevant 
programs allow owners of flocks found infected with paratyphoid 
Salmonella to vaccinate the flocks with an autogenous bacterin with a 
potentiating agent. However, the testing for Salmonella specified in 
the programs is environmental testing, rather than flock testing; if 
the environmental testing in the section has a non-negative test for 
Salmonella spp. it does not necessarily mean the flock itself is 
infected, and the flock may, accordingly, be vaccinated for Salmonella 
typhoid irrespective of the environmental testing. We are proposing to 
delete the current vaccination allowance because it is not germane to 
the programs; producers may choose to vaccinate their flocks for 
Salmonella typhoid or not with no bearing on the programs' provisions.
    Paragraph (l) of Sec.  145.33 sets forth a U.S. Avian Influenza 
clean program for multiplier meat-type chicken breeding flocks and 
their products. Paragraph (l)(1) currently requires either a sample of 
at least 15 birds to be tested negative at intervals of 90 days; or a 
sample of fewer than 15 birds to be tested, and found to be negative, 
at any one time if all pens are equally represented and a total of 15 
birds is tested within each 90-day period; or the flock to be tested at 
intervals of 30 days or less and found to be negative, and a total of 
15 samples are collected and tested within each 90-day period. 
Paragraph (l)(2) of the section currently specifies that, during each 
90-day period, all multiplier spent fowl, up to a maximum of 30, must 
be tested and found negative for avian influenza within 21 days prior 
to movement to slaughter. As written, paragraph (l)(2) could be 
construed to allow one multiplier spent fowl to be tested within 21 
days prior to movement, and to allow this testing to count towards the 
requisite testing in paragraph (l)(1). This would constitute 
insufficient testing for avian influenza to provide assurances that a 
flock is ``clean,'' however. Accordingly, we are proposing to remove 
paragraph (l)(2) and require instead that 15 birds are tested and found 
negative for avian influenza within 21 days prior to movement to 
slaughter regardless of the date of the previous test. This would align 
the minimum testing sample for multiplier spent fowl with the minimum 
test sample requirements for the flock as a whole.
    Paragraph (m) of Sec.  145.33 sets forth a U.S. Salmonella 
Enteritidis Monitored program for multiplier meat-type breeders wishing 
to monitor their flocks. Paragraph (m)(2) provides actions that must be 
taken with respect to test results generated from the monitoring 
program. When the program was first added to Sec.  145.33, the section 
pertained to both primary meat-type breeders and multiplier meat-type 
breeders, and the provisions in paragraph (m)(2) specifically addressed 
primary breeders. However, primary breeders now have their own subpart, 
subpart H, within the regulations. For multiplier meat-type breeders, 
because the offspring of the breeders rather than the breeders 
themselves enter commercial production, it is sufficient for the 
participating breeder to have a monitoring and testing program in place 
for Salmonella enteritidis, with the appropriate actions following test 
results determined by the breeders themselves. In other words, it is 
the existence of the monitoring program, rather than the results of 
testing conducted under the auspices of the monitoring program, that 
results in the classification for multiplier meat-type breeders. We 
propose to amend paragraph (m)(2) accordingly.
    As we mentioned above, Sec.  145.43 sets forth terminology and 
classification provisions for turkey breeding flocks and their 
products. Paragraph (c) of the section contains provisions for U.S. M. 
Gallisepticum Clean status for such flocks and products, while 
paragraph (d) contains provisions for U.S. M. Meleagridis Clean status, 
and paragraph (e) contains provisions for
    M. Synoviae Clean status. All three paragraphs contain separate 
testing protocols for male flocks and female flocks, but no protocols 
for mixed flocks of male and female turkeys. We propose to add such 
protocols.
    Paragraph (c)(1) of Sec.  145.43 also indicates that testing must 
find no M. Gallisepticum reactors as one of the conditions for clean 
status. However, as noted previously, a reactor is, by definition, not 
necessarily a positive sample, but rather a suspect that has been sent 
for additional confirmatory testing by an authorized laboratory or 
Federal Reference laboratory. If the confirmatory testing comes back 
negative, the sample is cleared. We propose to amend paragraph (c)(1) 
so that the testing would instead have to find no M. Gallisepticum 
infected birds.
    Paragraph (d)(5) of Sec.  145.43 contains a typo that we would 
correct; it refers to ``block'' when contextually ``flock'' is meant.
    Section 145.53 sets forth terminology and classification provisions 
for hobbyist and exhibition poultry, as well as raised-for-release 
waterfowl, breeding flocks and their products. Within the section, 
paragraph (e) contains provisions for a U.S. H5/H7 Avian Influenza 
Clean classification for such poultry and products. That paragraph 
currently states that the classification pertains to hobbyist or 
exhibition waterfowl, exhibition poultry, and game bird poultry and 
products. However, as noted above, the section does not pertain to 
exhibition waterfowl or game birds. We propose to amend paragraph

[[Page 49111]]

(e) accordingly to remove such references.
    Section 145.73 sets forth terminology and classification provisions 
for egg-type chicken breeding flocks and their products. Paragraph (d) 
contains provisions for U.S. S. Enteritidis Clean classification for 
such flocks and products. Within paragraph (d), paragraph (d)(1)(i) 
currently requires either that a flock originates from a U.S. S. 
Enteritidis Clean flock, or meconium from the chick boxes and a sample 
of chicks that died within 7 days after hatching are examined 
bacteriologically for salmonella at an authorized laboratory, and 
cultures from positive samples are serotyped, as a condition of 
classification. Contextually, the paragraph is referring to samples 
that are positive for serogroup D of salmonella. We propose to revise 
the paragraph to make it clear that this was the relevant serogroup 
being referenced.
    Paragraph (g) of Sec.  145.73 contains provisions for U.S. 
Salmonella Monitored status for egg-type chicken breeding flocks and 
their products, while paragraph (f) of Sec.  145.83 contains provisions 
for primary meat-type breeding flocks and their products. In both 
sections of the regulations, we currently require, among other things, 
that an Authorized Agent take environmental samples from each flock at 
4 months of age and every 30 days thereafter; that an authorized 
laboratory for Salmonella examine the environmental samples 
bacteriologically; and that all Salmonella isolates from a flock be 
serogrouped and be reported to the Official State Agency on a monthly 
basis. As we mentioned previously in this document, environmental 
testing is not the same as flock testing, and positive samples within 
the environment do not necessarily mean the flock itself is infected. 
For those reasons, reporting the results of all testing to the Official 
State Agency on a monthly basis is not warranted. For a monitoring 
program, the Official State Agency need only know whether the 
Salmonella is present or absent in the flocks themselves. We would 
amend the two sections accordingly. We would also remove references in 
paragraph (g) of Sec.  145.73 and paragraph (f) of Sec.  145.83 which 
could be read to suggest that the above testing is flock testing, 
rather than environmental testing.
    Paragraph (f) of Sec.  145.83 also provides that any flock entering 
the production period that is in compliance with all the paragraph, and 
with no history of Salmonella isolations, shall be considered 
``Salmonella negative'' and may retain this definition as long as no 
environmental or bird Salmonella isolations are identified and 
confirmed from the flock or flock environment by sampling on four 
separate collection dates over a minimum of a 2-week period. We are 
proposing to revise the minimum 2-week period to a maximum 4-week 
period.
    For flocks in production, it is common to have hatching eggs set 
aside in hatcheries for customer orders. If salmonella isolation 
occurs, confirmatory testing must be timely so that a business decision 
can be made regarding the disposition of the eggs. Allowing four sets 
of confirmatory samples over a four-week period provides sufficient 
time for sampling to occur while not allowing the sampling interval to 
be open-ended, as is currently the case.

Proposed Revisions to Part 147

    In Sec.  147.52, the regulations state the minimum requirements for 
an APHIS authorized laboratory evaluation to ensure that they are in 
compliance with NPIP regulations. Paragraph (f) of that section 
contains reporting requires for authorized laboratories. Within that 
paragraph, paragraph (f)(2) currently requires Salmonella pullorum and 
Mycoplasma Plan disease reactors to be reported to the Official State 
Agency within 48 hours. However, as noted above, a reactor, by 
definition, is not an infected sample. Rather, it is a sample that is 
sent to an authorized laboratory for confirmatory testing to determine 
whether it is infected with disease. Accordingly, we would revise 
paragraph (f)(2) to require reporting of infected flocks, rather than 
reactors.

Proposed Revisions to NPIP Program Standards

    We have also prepared updates to the NPIP Program Standards 
document. The proposed updates would amend several sections of the 
document.
    We would revise the definitions section in the Program Standards 
document by:
     Amending the definition of hatchery and multiplier 
breeding flock;
     Clarifying the definition of reactor;
     Revising the Salmonella Pullorum, Gallinarum and 
Enteritidis nomenclature.
    These changes would help ensure that the Program Standards are 
aligned with our proposed revisions to the regulations themselves.
    We would revise section A, ``Blood Testing Procedures,'' by 
removing the description of how standard tube agglutination test 
containers should be constructed in order to be used; the current 
language is overly prescriptive in a manner that is not necessary for 
purposes of ensuring the containers can validly be used for blood 
testing procedures.
    We would revise section B, ``Bacteriological Examination 
Procedures,'' by:
     Clarifying environmental samples are not for use to 
qualify or test flocks for PT Clean classification. As discussed 
previously in this document, environmental sampling and flock testing 
are distinct activities.
     Clarifying dilutions and volume of enrichment broth for 
the isolation and identification of Salmonella. The current language is 
overly prescriptive depending on the method of dilution used.
     Allowing a temperature range for incubation and enrichment 
broth and pre-enrichment broth for isolation and identification of 
Salmonella. The current standard specifies a specific temperature but a 
range in tolerance of temperatures is scientifically justified and 
consistent with international standards.
     Clarifying isolation and identification procedures for 
Salmonella by adding molecular procedures to Illustration 2. The 
proposed change to Illustration 2 provides visualization of the 
confirmation procedures.
     Removing the Hajna or Muller-Kauffman reference for 
selective enrichment broth for lab procedure for bacteriological 
examination of cull chicks and poults for Salmonella. This change is 
being proposed to establish a more generalized protocol rather than 
confining laboratories to using just two specific types of 
Tetrathionate broth selective enrichment.
    We would revise section D, ``Molecular Examination Procedures,'' 
by:
     Clarifying the PCR grade water to use for re-suspension of 
the pellet before boiling in the lab procedures for PCR testing for MG 
and MS.
     Adding Salmonella spp. qPCR to the list of approved 
molecular examination procedures
     Adding new diagnostic tests to the approved molecular 
examination procedures.
    We would revise section E, ``Biosecurity Principles,'' to include 
provisions referenced in our above discussion of the proposed revisions 
to Sec.  56.10.
    In addition, in Sec.  147.53 of the regulations, we set forth the 
process for updating the approved tests and sanitation procedures 
located in the Program Standards document. In that section, we indicate 
that when the Administrator approves a new test or

[[Page 49112]]

sanitation procedure or a change to an existing test or sanitation 
procedure, APHIS will publish a notice in the Federal Register making 
available the test or sanitation procedure, and that this notice will 
take public comment. With regard to proposed changes to an existing 
test or sanitation procedure, it is our intent that in the future we 
would only seek public comment through a Federal Register notice when 
the change would be a substantive change to the test or sanitation 
procedure that materially changes how the existing test or sanitation 
procedure is to be conducted. If the changes are non-substantive 
clarifications or remove strictures to allow for additional means of 
conducting the procedure, this change would not follow the process set 
forth in Sec.  147.53 of the regulations and would be communicated to 
the public through other means available to the Agency. We feel public 
comment through a Federal Register notice is not warranted in these 
situations because parties following the existing procedures would be 
able to continue to do so.

Updates to Control Numbers

    Finally, we are updating the Office of Management and Budget (OMB) 
control numbers for certain sections to reflect that OMB control number 
0579-0474 expired and the associated paperwork burden (the reporting, 
recordkeeping, and third-party disclosure requirements) was added to 
OMB control number 0579-0007. In addition, where necessary, we are also 
adding reference to OMB control number 0579-0440.

Executive Orders 12866 and Regulatory Flexibility Act

    This proposed 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.
    This rulemaking would result in various changes to regulations in 9 
CFR parts 56, and 145 through 147, modifying provisions of the NPIP. 
The modifications are recommended by the NPIP General Conference 
Committee (GCC), which represents cooperating State agencies and 
poultry industry members and advises the Secretary on issues pertaining 
to poultry health. These amendments would, among other things, 
condition indemnity for low pathogenicity avian influenza on adherence 
to biosecurity plans, clarify existing provisions of the regulations, 
fix editorial errors, and align the regulations more closely with 
current producer practices.
    These changes would align the regulations with international 
standards and make them more transparent to APHIS stakeholders and the 
general public. The changes included in this proposed rule were voted 
on and approved by the voting delegates at the Plan's 2022 Biennial 
Conference.
    The establishments that would be affected by this rulemaking--
principally entities engaged in poultry production and processing--are 
predominantly small by Small Business Administration standards. In 
those instances in which an addition or modification could potentially 
result in a cost to certain entities, we do not expect the costs to be 
significant. This proposed rule embodies changes decided upon by the 
NPIP GCC on behalf of Plan members, that is, changes recognized by the 
poultry industry as in their interest. We note that NPIP membership is 
voluntary.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 2 CFR chapter IV.)

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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the reporting, recordkeeping, and 
third-party disclosure requirements described in this proposed rule are 
currently approved by the Office of Management and Budget (OMB) under 
OMB control numbers 0579-0007 and 0579-0440.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mr. Joseph 
Moxey, APHIS' Information Collection Coordinator, at (301) 851-2533.

List of Subjects

9 CFR Part 56

    Animal diseases, Indemnity payments, Low pathogenic avian 
influenza, Poultry.

9 CFR Parts 145, 146, and 147

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

    Accordingly, we propose to amend 9 CFR parts 56, 145, 146, and 147 
as follows:

PART 56--CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA

0
1. The authority citation for part 56 continues to read as follows:

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

0
2. Amend Sec.  56.1 by:
0
a. Adding in alphabetical order a definition for ``National Poultry 
Improvement Plan (NPIP) Program Standards''; and
0
b. Revising the definition for ``Virus elimination (VE)''.
    The addition and revision read as follows:


Sec.  56.1  Definitions.

* * * * *
    National Poultry Improvement Plant (NPIP) Program Standards. A 
document that contains tests and sanitation procedures approved by the 
Administrator pursuant to Sec.  147.53 of this chapter. This document 
may be obtained from the National Poultry Improvement Plan website at 
http://www.poultryimprovement.org/ or by writing to the Service at 
National Poultry Improvement Plan, APHIS, USDA, 1506 Klondike Road, 
Suite 301, Conyers, GA 30094.
* * * * *
    Virus elimination (VE). Cleaning and disinfection or other measures 
conducted to destroy or eliminate all AI virus on the premises.
0
3. Amend Sec.  56.2 by adding an OMB citation at the end of the section 
to read as follows:


Sec.  56.2  Cooperation with States.

* * * * *

[[Page 49113]]

(Approved by the Office of Management and Budget under control 
number 0579-0440)

0
4. Amend Sec.  56.3 by revising paragraphs (a)(3) and (b) and adding an 
OMB citation at the end of the section to read as follows:


Sec.  56.3  Payment of indemnity and/or compensation.

    (a) * * *
    (3) Virus elimination (VE) measures taken on premises, conveyances, 
and materials that came into contact with poultry that were infected 
with or exposed to H5/H7 LPAI; or, in the case of materials, if the 
cost of the VE measures would exceed the value of the materials or the 
VE measures would be impracticable for any reason, the destruction and 
the disposal of the materials.
    (b) Percentage of costs eligible for indemnity and/or compensation. 
The Administrator is authorized to pay 100 percent of the costs and/or 
compensation, as determined in accordance with Sec.  56.4, of the 
activities described in paragraphs (a)(1) through (3) of this section, 
provided that the conditions in paragraph (b)(1) or (2) of this section 
apply. For infected or exposed poultry that are not described in the 
categories below, the Administrator is authorized to pay 25 percent of 
the costs of the activities described in paragraphs (a)(1) through (3) 
of this section:
    (1)(i) The poultry are from:
    (A) A commercial table-egg laying premises with at least 75,000 
birds; or
    (B) A meat-type chicken slaughter plant that slaughters at least 
200,000 meat-type chickens in an operating week; or
    (C) A meat-type turkey slaughter plant that slaughters at least 2 
million meat-type turkeys in a 12-month period; or
    (D) A meat-type game bird and waterfowl slaughter plant that 
slaughters at least 50,000 birds annually; or
    (E) A raised-for-release game bird premises, raised-for-release 
waterfowl premises, and egg-type game bird or waterfowl producing eggs 
for human consumption premises that raise at least 25,000 birds 
annually and have at least 5,000 birds onsite; or
    (F) A breeder flock premises with at least 5,000 birds; and
    (ii) The breeding flock, commercial flock, or slaughter plant 
participates in the U.S. Avian Influenza Clean, H5/H7 Avian Influenza 
Clean, or U.S. H5/H7 Avian Influenza Monitored program of the Plan 
available to the flock in part 145 or 146 of this chapter; and
    (iii) The owner of the poultry or eggs, and, if applicable, any 
party that enters into a contract with the owner to grow or care for 
the poultry or eggs had in place and was following a biosecurity plan 
that is in compliance with biosecurity principles approved by the 
Administrator (within the National Poultry Improvement Plan (NPIP) 
Program Standards, Standard E pertains to Biosecurity Principles) and 
has been audited for the Official State Agency to ensure that the 
biosecurity plan is in compliance at the time of detection of H5/H7 
LPAI.
    (2) The flock does not meet the size requirements as described in 
paragraph (b)(1) of this section, regardless of whether the infected or 
exposed poultry participate in the Plan.
    (3) The Administrator is authorized to pay 25 percent of the costs 
and/or compensation, as determined in accordance with Sec.  56.4, of 
the activities described in paragraphs (a)(1) through (3) of this 
section, for flocks that:
    (i) Do not meet the conditions described in paragraph (b)(1) or (2) 
of this section; or
    (ii) The poultry are located in a State that does not participate 
in the diagnostic surveillance program for H5/H7 LPAI, as described in 
Sec.  146.14 of this chapter, or that does not have an initial State 
response and containment plan for H5/H7 LPAI that is approved by APHIS 
under Sec.  56.10, unless such poultry participate in the Plan with 
another State that does participate in the diagnostic surveillance 
program for H5/H7 LPAI, as described in Sec.  146.14 of this chapter, 
and has an initial State response and containment plan for H5/H7 LPAI 
that is approved by APHIS under Sec.  56.10 surveillance program for 
H5/H7 LPAI, as described in Sec.  146.14 of this chapter, or that does 
not have an initial State response and containment plan for H5/H7 LPAI 
that is approved by APHIS under Sec.  56.10, unless such poultry 
participate in the Plan with another State that does participate in the 
diagnostic surveillance program for H5/H7 LPAI, as described in Sec.  
146.14 of this chapter, and has an initial State response and 
containment plan for H5/H7 LPAI that is approved by APHIS under Sec.  
56.10.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0440)

0
5. Amend Sec.  56.4 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  56.4   Determination of indemnity and/or compensation amounts.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007 and 0579-0440)

0
6. Amend Sec.  56.5 by:
0
a. Redesignating paragraphs (c)(1)(ii) through (iv) as paragraphs 
(c)(1)(iii) through (v), respectively, and adding a new paragraph 
(c)(1)(ii);
0
b. Revising newly redesignated paragraph (c)(1)(iv); and
0
c. Adding an OMB citation at the end of the section.
    The additions and revision read as follows:


Sec.  56.5   Destruction and disposal of poultry and cleaning and 
disinfection (virus elimination) of premises, conveyances, and 
materials.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Poultry will be monitored daily for the development of 
additional and/or increased severity of clinical signs with scheduled 
flock observation, tracking, and recording flock(s) mortality, taking 
action as directed by the Official State Agency.
* * * * *
    (iv) Routes to slaughter must avoid other commercial poultry 
operations whenever possible. All load-out equipment, trailers, and 
trucks used on the premises that have housed poultry that were infected 
with or exposed to H5/H7 LPAI must undergo virus elimination procedures 
and not enter other poultry premises or facilities for 48 hours after 
the virus elimination procedures have been completed.
* * * * *

(Approved by the Office of Management and Budget under control 
number 0579-0440)


0
7. Amend Sec.  56.6 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  56.6  Presentation of claims for indemnity and/or compensation.

* * * * *

(Approved by the Office of Management and Budget under control 
numbers 0579-0007 and 0579-0440)


0
8. Section 56.10 is revised and republished to read as follows:


Sec.  56.10  Initial State response and containment plan.

    (a) In order for poultry owners within a State to be eligible for 
indemnity and/or compensation for 100 percent of eligible costs under 
Sec.  56.3(b), the State in which the poultry participate in the Plan 
must have in place an initial State response and containment plan that 
has been approved by APHIS. The initial State response and containment 
plan must be developed by the Official State Agency. In States where 
the Official State Agency is different than the Cooperating State 
Agency, the

[[Page 49114]]

Cooperating State Agency must also participate in the development of 
the plan. The plan must be administered by the Cooperating State Agency 
of the relevant State. This plan must include:
    (1) Provisions for a standing emergency disease management 
committee, regular meetings, and exercises, including coordination with 
any Tribal governments that may be affected;
    (2) A biosecurity plan for poultry owners based on their flock size 
as stated in Sec.  56.3 and, if applicable, any party that enters into 
a contract with the owner to grow or care for the poultry or eggs that 
had in place and was following a biosecurity plan that was audited by 
the Official State Agency to ensure that the biosecurity plan was in 
compliance according to the Program Standards, Standard E pertaining to 
the Biosecurity Principles as approved by the Administrator;
    (3) Provisions for adequate diagnostic resources;
    (4) Detailed, specific procedures for initial handling and 
investigation of suspected cases of H5/H7 LPAI;
    (5) Detailed, specific procedures for reporting test results to 
APHIS. These procedures must be developed after appropriate 
consultation with poultry producers in the State and must provide for 
the reporting only of confirmed cases of H5/H7 LPAI in accordance with 
Sec.  146.13 of this chapter;
    (6) Detailed, strict quarantine measures for presumptive and 
confirmed index cases;
    (7) Provisions for developing flock plans for infected and exposed 
flocks;
    (8) Detailed plans for disposal of infected flocks, including 
preexisting agreements with regulatory agencies and detailed plans for 
carcass disposal, disposal sites, and resources for conducting 
disposal, and detailed plans for disposal of materials that come into 
contact with poultry infected with or exposed to H5/H7 LPAI;
    (9) Detailed plans for cleaning and disinfection of premises, 
repopulation, and monitoring after repopulation;
    (10) Provisions for appropriate control/monitoring zones, contact 
surveys, and movement restrictions;
    (11) Provisions for monitoring activities in control zones;
    (12) If vaccination is considered as an option, a written plan for 
use in place with proper controls and provisions for APHIS approval of 
any use of vaccine;
    (13) Plans for H5/H7 LPAI-negative flocks that provide for 
quarantine, testing, and controlled marketing; and
    (14) Public awareness and education programs regarding avian 
influenza.
    (b) If a State is designated a U.S. Avian Influenza Monitored 
State, Layers under Sec.  146.24(a) of this chapter or a U.S. Avian 
Influenza Monitored State, Turkeys under Sec.  146.44(a) of this 
chapter, it will lose that status during any outbreak of H5/H7 LPAI and 
for 90 days after the destruction and disposal of all infected or 
exposed birds and cleaning and disinfection of all affected premises 
are completed.

(Approved by the Office of Management and Budget under control 
numbers 0579-0007 and 0579-0440)

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

0
9. 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.

0
10. Amend part 145 by:
0
a. Removing ``S. gallinarum'' wherever it appears and adding 
``Salmonella Gallinarum'' in its place;
0
b. Removing ``S. pullorum'' wherever it appears and adding ``Salmonella 
Pullorum'' in its place;
0
c. Removing ``S. enteritidis'' and Salmonella enteritidis ser 
enteritidis'' wherever they appear and adding ``Salmonella 
Enteritidis'' in its place.
0
11. Amend Sec.  145.1 by:
0
a. Revising the definition of ``Fowl typhoid or typhoid'';
0
b. In the definition for ``Hatchery'', adding the words ``and/or 
embryonated eggs'' after the words ``baby poultry'';
0
c. In the definition for ``Multiplier breeding flock'', removing the 
word ``hatching'' and adding the word ``fertile'' in its place;
0
d. Revising the definition of ``Pullorum disease or pullorum'';
0
e. In the definition for ``Reactor'', adding a sentence after the last 
sentence; and
0
f. Adding in alphabetical order a definition for ``Salmonella 
Enteritidis''.
    The revisions and additions read as follows:


Sec.  145.1  Definitions.

* * * * *
    Fowl typhoid or typhoid. A disease of poultry caused by Salmonella 
enterica subspecies enterica serovar Gallinarum biovar Gallinarum 
(Salmonella Gallinarum).
* * * * *
    Pullorum disease or pullorum. A disease of poultry caused by 
Salmonella enterica subspecies enterica serovar Gallinarum biovar 
Pullorum (Salmonella Pullorum).
    Reactor. * * * A reactor is considered suspect until additional 
confirmatory testing has been conducted by an authorized laboratory or 
Federal Reference Laboratory as outlined in Sec.  145.14.
* * * * *
    Salmonella Enteritidis. A bacteria found in poultry caused by 
Salmonella enterica subspecies enterica serovar Enteritidis (Salmonella 
Enteritidis).
* * * * *


Sec.  145.2   [Amended]

0
12. Amend Sec.  145.2 in paragraph (d) by removing the citation ``Sec.  
145.3(e)'' and adding the citation ``Sec.  145.3(f)'' in its place.


Sec.  145.5   [Amended]

0
13. Amend Sec.  145.5 in paragraph (c) by removing the text ``Subparts 
B, C, D, E, F, G, H, or I'' and adding the text ``Subpart B, C, D, E, 
F, G, H, I or J'' in its place.
0
14. Amend Sec.  145.10 by:
0
a. In paragraph (b) introductory text, removing the text ``and 
145.93(b)'' and adding the text ``145.93(b), and 145.103(b)'' in its 
place;
0
b. In paragraph (g) introductory text, removing the text ``and 
145.94(a)'' and adding the text ``145.94(a), and 145.104(a)'' in its 
place;
0
c. In paragraph (o) introductory text, removing the text ``and 
145.93(d)'' and adding the text ``145.93(d), and 145.103(d)'' in its 
place;
0
d. In paragraph (t) introductory text, removing the text ``and 
145.93(c)'' and adding the text ``145.93(c), and 145.103(c)'' in its 
place; and
0
e. Adding paragraphs (u), (v), and (w).
    The additions read as follows:


Sec.  145.10  Terminology and classification; flocks, products, and 
States.

* * * * *
    (u) U.S. Newcastle Clean. (See Sec. Sec.  145.43(h), 145.73(h), and 
145.83(h).)
BILLING CODE 3410-34-P

[[Page 49115]]

[GRAPHIC] [TIFF OMITTED] TP11JN24.019

    (v) U.S. Avian Influenza Clean Compartment. (See Sec. Sec.  145.45, 
145.74, and 145.84.)
[GRAPHIC] [TIFF OMITTED] TP11JN24.020

    (w) U.S. Newcastle Disease Clean Compartment. (See Sec. Sec.  
145.45, 145.74, and 145.84.)
[GRAPHIC] [TIFF OMITTED] TP11JN24.021


[[Page 49116]]


BILLING CODE 3410-34-C
0
15. Amend Sec.  145.14 by:
0
a. Revising the introductory text;
0
b. In paragraph (a)(1), adding the text ``(within the Program Standards 
document, Program Standard A applies to blood testing; alternatives to 
the program standards may also be approved by the Administrator under 
Sec.  145.73 of this chapter)'' after the word ``subchapter'' in the 
second sentence;
0
c. In paragraph (a)(5), removing the text ``and 145.93'' and adding the 
text ``145.93, and 145.103'' in its place; and
0
d. Revising paragraph (a)(6)(ii).
    The revisions read as follows:


Sec.  145.14   Testing.

    Poultry must be more than 4 months of age when tested for an 
official classification: Provided, That turkey candidates under subpart 
D of this part may be tested at more than 12 weeks of age; game bird 
candidates under subpart E or subpart J of this part may be 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 tested when more than 12 months of age. 
Samples for official tests shall be collected by an Authorized Agent, 
Authorized Testing Agent, or State Inspector and tested by an 
authorized laboratory, except that the stained antigen, rapid whole-
blood test for pullorum-typhoid may be conducted by an Authorized 
Testing Agent or State Inspector. Testing must be conducted as 
specified within the Subpart Plan program, with at least 1 bird tested 
from each pen and unit in the house and a minimum of 30 birds tested 
per house. The ratio of samples collected from male and female birds 
must be representative of birds throughout the house and flock. In 
houses containing fewer than 30 birds other than ostriches, emus, 
rheas, and cassowaries, all birds in the house must be tested, unless 
otherwise specified within the Plan program.
    (a) * * *
    (6) * * *
    (ii) Reactors to the standard tube agglutination test (in dilutions 
of 1:50 or greater) or the microagglutination test (in dilutions of 
1:40 or greater) shall be submitted to an authorized laboratory for 
bacteriological examination. If there are more than four reactors in a 
flock, a minimum of four reactors shall be submitted to the authorized 
laboratory; if the flock has four or fewer reactors, all of the 
reactors must be submitted. Bacteriological examination must be 
conducted in accordance with part 147 of this subchapter (within the 
Program Standards document, Program Standard B addresses 
bacteriological examination procedures; alternatives to the program 
standards may also be approved by the Administrator under Sec.  
145.73). When reactors are submitted to the authorized laboratory 
within 10 days of the date of reading an official blood test named in 
paragraph (a)(6)(i) of this section, and the bacteriological 
examination fails to demonstrate pullorum-typhoid infection, the 
Official State Agency shall presume that the flock is determined not to 
be infected with Salmonella Pullorum or Salmonella Gallinarum.
* * * * *
0
16. Amend Sec.  145.33 by:
0
a. Removing the semicolon after paragraph (d)(1)(vii) and adding a 
period in its place;
0
b. Removing paragraph (d)(1)(viii);
0
c. Adding paragraph (l)(1)(iv);
0
d. Removing and reserving paragraph (l)(2);
0
e. In paragraph (m)(2)(i), adding the words ``by the company'' after 
the words ``shall be conducted''; and
0
f. Removing and reserving paragraphs (m)(2)(ii) through (iv).
    The addition reads as follows:


Sec.  145.33  Terminology and classification; flocks and products.

* * * * *
    (l) * * *
    (1) * * *
    (iv) Fifteen (15) birds are tested and found negative for avian 
influenza within 21 days prior to movement to slaughter regardless of 
the date of the previous test.
* * * * *
0
17. Amend Sec.  145.43 by:
0
a. Revising paragraph (c)(1);
0
b. In paragraph (d)(1)(i), adding the words ``or 60 samples, from mixed 
male and female flocks, (the ratio of samples collected from male and 
female birds must be representative of birds throughout the house)'' 
after the words ``from female flocks'';
0
c. Adding a reserved paragraph (d)(1)(ii);
0
d. In paragraph (d)(5), removing the word ``block'' and adding the word 
``flock'' in its place;
0
e. In paragraph (e)(1), adding the words ``or 60 samples, from mixed 
male and female flocks, (the ratio of samples collected from male and 
female birds must be representative of birds throughout the house)'' 
after the words ``from female flocks'' in the first sentence;
0
f. Removing paragraph (f)(5) and redesignating paragraphs (f)(6) and 
(7) as paragraphs (f)(5) and (6);
0
g. Revising paragraph (h)(3)(i);
0
h. Removing paragraph (h)(3)(ii) and redesignating paragraph 
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
i. Revising the OMB citation at the end of the section.
    The revisions and addition read as follows:


Sec.  145.43  Terminology and classification; flocks and products.

* * * * *
    (c) * * *
    (1) A flock maintained in accordance with part 147 of this 
subchapter with respect to Mycoplasma isolation, sanitation, and 
management, and in which no M. Gallisepticum infected birds are found 
when a random sample of at least 10 percent of the birds in the flock, 
or 300 birds in flocks of more than 300 and each bird in flocks of 300 
or less, is tested when more than 12 weeks of age, in accordance with 
the procedures described in Sec.  145.14(b); Provided, that to retain 
this classification, a minimum of 30 samples from male flocks and 60 
samples from female flocks or 60 samples from mixed, male and female 
flocks, (the ratio of samples collected from male and female birds must 
be representative of birds throughout the house), shall be retested at 
28-30 weeks of age and at 4-6 week intervals thereafter.
* * * * *
    (d) * * *
    (1) * * *
    (ii) [Reserved]
* * * * *
    (h) * * *
    (3) * * *
    (i) A minimum of 30 birds per flock must test negative using an 
approved test in Sec.  145.14 at intervals of 90 days or a sample of 
fewer than 30 birds may be tested, and found negative, at any one time 
if all pens are equally represented and a total of 30 birds is tested 
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)

0
18. Amend Sec.  145.45 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  145.45  Terminology and classification; compartments.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)


Sec.  145.53  [Amended]

0
19. Amend Sec.  145.53 in paragraph (e) introductory text by removing 
the words ``hobbyist or exhibition waterfowl, exhibition poultry, and 
game bird'' and adding the words ``hobbyist and exhibition poultry, and 
raised-for-

[[Page 49117]]

release waterfowl'' in their place in the second sentence.
0
20. Amend Sec.  145.73 by:
0
a. In paragraph (d)(1)(i), adding the words ``serogroup D'' after the 
words ``Cultures from'' in the last sentence;
0
b. In paragraph (g)(1)(v), removing the words ``and shall be reported 
to the Official State Agency on a monthly basis'' and adding a sentence 
at the end of the paragraph;
0
c. In paragraph (g)(1)(vi), removing the words ``to allow for the 
serological testing required under paragraph (g)(1)(iv) of this 
section'' and adding the words ``to allow for serological testing'' in 
their place;
0
d. Revising paragraph (h)(3)(i);
0
e. Removing paragraph (h)(3)(ii) and redesignating paragraph 
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
f. Revising the OMB citation at the end of the section.
    The addition and revisions read as follows:


Sec.  145.73  Terminology and classification; flocks and products.

* * * * *
    (g) * * *
    (1) * * *
    (v) * * * Owners of flocks shall report the presence or absence of 
Salmonella in their flocks on a monthly basis to the Official State 
Agency.
* * * * *
    (h) * * *
    (3) * * *
    (i) A minimum of 30 birds per flock must test negative using an 
approved test in Sec.  145.14 at intervals of 90 days or a sample of 
fewer than 30 birds may be tested, and found negative, at any one time 
if all pens are equally represented and a total of 30 birds is tested 
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)

0
21. Amend Sec.  145.74 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  145.74  Terminology and classification; compartments.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)

0
22. Amend Sec.  145.83 by:
0
a. In paragraph (e)(6)(i)(C), removing the words ``Salmonella 
pullorum'' and adding the words ``Salmonella Pullorum'' in their place 
in the first sentence;
0
b. In paragraph (f)(1)(iv), revising the third sentence and adding a 
sentence at the end of the paragraph;
0
c. In paragraph (f)(1)(v), removing the words ``to allow for the 
serological testing required under paragraph (f)(1)(iv) of this 
section'' and adding the words ``to allow for serological testing'' in 
their place;
0
d. In paragraph (f)(1)(vi), removing the words ``minimum of a 2-week 
period'' and adding the words ``maximum of a 4-week period'' in their 
place in the first sentence;
0
e. Revising paragraph (h)(3)(i);
0
f. Removing paragraph (h)(3)(ii) and redesignating paragraph 
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
g. Revising the OMB citation at the end of the section.
    The addition and revisions read as follows:


Sec.  145.83  Terminology and classification; flocks and products.

* * * * *
    (f) * * *
    (1) * * *
    (iv) * * * All Salmonella isolates from a flock shall be 
serogrouped. Owners of flocks shall report the presence or absence of 
Salmonella in their flocks on a monthly basis to the Official State 
Agency;
* * * * *
    (h) * * *
    (3) * * *
    (i) A minimum of 30 birds per flock must test negative using an 
approved test in Sec.  145.14 at intervals of 90 days or a sample of 
fewer than 30 birds may be tested, and found negative, at any one time 
if all pens are equally represented and a total of 30 birds is tested 
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)

0
23. Amend Sec.  145.84 by:
0
a. In paragraph (a)(3)(iii), adding the words ``and/or ND Clean'' after 
the words ``Influenza Clean''; and
0
b. Revising the OMB citation at the end of section.
    The revision reads as follows:


Sec.  145.84  Terminology and classification; compartments.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0007)

0
24. Amend Sec.  145.102 by revising paragraph (e) to read as follows:


Sec.  145.102  Participation.

* * * * *
    (e) Under this subpart, gallinaceous flocks and waterfowl flocks 
may not be raised on the same premises. If they are on the same 
premises, they must be registered under subpart E of this part.
* * * * *


Sec.  145.103  [Amended]

0
25. Amend Sec.  145.103 in paragraph (b)(3) introductory text by 
removing the words ``to reveal Pullorum-Typhid'' and adding the words 
``to reveal Pullorum-Typhoid'' in their place.

PART 146--NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY

0
26. The authority citation for part 146 continues to read as follows:

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

0
27. Amend part 146 by:
0
a. Removing ``S. gallinarum'' wherever it appears and adding 
``Salmonella Gallinarum'' in its place;
0
b. Removing ``S. pullorum'' wherever it appears and adding ``Salmonella 
Pullorum'' in its place;
0
c. Removing ``S. enteritidis'' and Salmonella enteritidis ser 
enteritidis'' wherever they appear and adding ``Salmonella 
Enteritidis'' in its place.


Sec.  146.3  [Amended]

0
28. Amend Sec.  146.3 by:
0
a. In paragraph (a), removing the words ``raised-for-release upland 
game bird premises, and raised-for-release waterfowl premises and any 
commercial upland game bird, commercial waterfowl'' and adding the 
words ``egg/meat-type game bird, egg/meat-type waterfowl'' in their 
place; and
0
b. In paragraph (c), removing the words ``commercial upland gamebird, 
commercial waterfowl'' and adding the words ``egg/meat-type game bird, 
egg/meat-type waterfowl'' in their place in the first sentence.


Sec.  146.6  [Amended]

0
29. Amend Sec.  146.6 by:
0
a. In paragraph (a), removing the words ``commercial upland game bird, 
commercial waterfowl'' and adding the words ``meat-type game bird, 
meat-type waterfowl'' in their place; and
0
b. In paragraph (b), removing the words ``commercial upland game bird 
and commercial waterfowl'' and adding the words ``meat-type game bird 
and meat-type waterfowl'' in their place.


Sec.  146.9  [Amended]

0
30. In Sec.  146.9 in paragraph (a) introductory text by removing the 
text ``and (b)''.

Subpart E--Special Provisions for Egg/Meat-Type Game Birds, Egg/
Meat-Type Waterfowl, Meat-Type Game Bird Slaughter Plants, and 
Meat-Type Waterfowl Slaughter Plants

0
31. Revise the subpart E heading to read as set forth above.

[[Page 49118]]

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

0
32. The authority citation for part 147 continues to read as follows:

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

0
33. Amend part 147 by:
0
a. Removing ``S. gallinarum'' wherever it appears and adding 
``Salmonella Gallinarum'' in its place;
0
b. Removing ``S. pullorum'' wherever it appears and adding ``Salmonella 
Pullorum'' in its place;
0
c. Removing ``S. enteritidis'' and Salmonella enteritidis ser 
enteritidis'' wherever they appear and adding ``Salmonella 
Enteritidis'' in its place.
0
34. Amend Sec.  147.46 by revising paragraph (a)(9) to read as follows:


Sec.  147.46  Committee consideration of proposed changes.

    (a) * * *
    (9) Egg/meat-type game birds and waterfowl.
* * * * *
0
35. Amend Sec.  147.52 by revising paragraph (f)(2) to read as follows:


Sec.  147.52  Authorized laboratories.

* * * * *
    (f) * * *
    (2) All Salmonella Pullorum and Mycoplasma Plan disease infected 
flocks as confirmed by testing in accordance with Sec.  145.14 must be 
reported to the Official State Agency within 48 hours.
* * * * *

    Done in Washington, DC, this 3rd day of June 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-12659 Filed 6-10-24; 8:45 am]
BILLING CODE 3410-34-P