[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2545-2550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-969]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 10 / Friday, January 15, 1999 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 52
[Docket No. 98-123-2]
RIN 0579-AB10
Pseudorabies in Swine; Payment of Indemnity
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are establishing animal health regulations to provide for
the payment of indemnity by the United States Department of Agriculture
for the voluntary depopulation of herds of swine known to be infected
with pseudorabies. The payment of indemnity will encourage depopulation
of infected herds, and therefore will reduce the risk of other swine
becoming infected with the disease. We have determined that this
action, which will accelerate existing pseudorabies eradication
efforts, is necessary to protect swine not infected with pseudorabies
from the disease.
DATES: Interim rule effective January 12, 1999. Consideration will be
given only to comments received on or before March 16, 1999.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-123-2, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 98-123-2. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff
Veterinarian, VS, APHIS, 4700 River Road Unit 41, Riverdale, MD 20737-
1231, (301) 734-8073.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service's (APHIS's)
regulations in 9 CFR part 85 govern the interstate movement of swine
and other livestock (cattle, sheep, and goats) in order to help prevent
the spread of pseudorabies.
Pseudorabies is a contagious, infectious, and communicable disease
of livestock, primarily swine. The disease, also known as Aujeszky's
disease, mad itch, and infectious bulbar paralysis, is caused by a
herpes virus, and is known to cause reproductive problems, including
abortion and stillborn death in neonatal pigs, and occasional death
losses in breeding and finishing hogs. The cost of pseudorabies to pork
producers alone in the United States is over $30 million annually. Of
this amount, more than half, $17 million, represents the cost of
vaccination. Another $11 million is attributable to pig deaths. The
remainder is spent on testing.
A Federal eradication program for pseudorabies was implemented in
the United States in 1989. The program is cooperative in nature and
involves Federal, State, and industry participation. The Federal
Government coordinates the National Program, the State Governments
promulgate and enforce the intrastate regulations, and producers
contribute by having their herds tested, purchasing their own vaccines,
and conducting risk management practices, such as cleaning and
disinfecting conveyances used to transport infected swine.
In fiscal year 1998, the Federal Government appropriated $8.6
million for its portion of the pseudorabies program. Appropriated
Federal monies are used for disease surveillance and field staff. The
monies spent by swine producers are used to prevent the transmission of
pseudorabies within herds and to eliminate the disease from infected
herds. Typically, a swine producer taking part in the eradication
program will vaccinate all pigs in a herd once pseudorabies has been
identified in the herd. Breeding sows in the herd will be vaccinated
two to four times a year. Newborn pigs born to sows that have
antibodies to the disease are immune. Sows develop antibodies to the
disease either several weeks after being infected or through
vaccination. The producer will wean young pigs in the herd at 2 to 3
weeks and segregate them from the rest of the herd in nurseries, where
they will be raised for approximately 2 months. At that time, the
producer will transfer them to ``finishing barns,'' where they will be
raised to market weight. The producer will then ship the pigs to market
under strict biosecurity methods (e.g., cleaning and disinfection of
trucks previously used, or to be reused, for shipment of swine).
Breeding sows in the herd of origin that are infected with the
disease are capable of producing multiple litters. Once infected, the
sows go through a stage when they can shed the virus (i.e., transmit it
to other swine). Following this stage, they develop antibodies to the
disease. Although sows that have gone through the shedding stage have
customarily been retained in the herd to produce additional litters, as
of January 1, 1999, all States with pseudorabies will implement a
``test and removal'' requirement, to remove from each herd any sows
identified with the pseudorabies virus. This removal of breeding sows
will add to producer costs.
Dangers to Success of Program
Industry/State/Federal pseudorabies eradication efforts have been
markedly successful. In 1992, for instance, approximately 8,000 herds
of swine nationwide were infected with the disease. Today,
approximately 1,000 herds are known to be infected. This represents
slightly less than 1 percent of the herds of swine in the United
States. The goal of the cooperative pseudorabies eradication program is
the elimination of pseudorabies in the United States in the year 2000.
However, at this time, the success of the program may be in jeopardy.
Because of the current depressed market conditions for swine, it
appears that swine producers might decide to eliminate the costs they
have been
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incurring to participate in the pseudorabies eradication program. In
November 1997, market swine were being sold at $45.10 per
hundredweight. As of the fourth week of December 1998, market swine
were valued at $11.90 per hundredweight. A surplus of live swine, due
in part to reduced export markets, has slaughter facilities operating
at maximum capability. Consequently, swine producers are being forced
to continue feeding swine that cannot go to slaughter. Swine that are
slaughtered are being sold at prices below the costs of feeding and
transportation.
Cessation of eradication efforts, particularly the elimination of
herd vaccination, is likely to result in an increase in the number of
herds infected with pseudorabies. This growth in pseudorabies-infected
herds will likely extend the amount of time necessary to eradicate
pseudorabies, ultimately cost both the industry and Federal and State
Governments additional monies in eradication efforts.
Payment of Indemnity
We have determined that all of the factors discussed above--the
danger of elimination of eradication efforts among some swine
producers, the relatively small number of herds currently infected with
pseudorabies, and the markedly depressed market prices for swine--make
this an appropriate time to accelerate the pseudorabies eradication
effort by swift and thorough elimination of infected herds. This action
would accelerate the efforts toward removal of infected swine already
underway at the State level. Therefore, in this interim rule, we are
establishing regulations that will allow the Department to pay
indemnity to owners of infected herds who depopulate those herds. In
addition to indemnity for the value of the animals, the Department will
provide funding for trucking costs to disposal, for euthanasia and
disposal costs, and for cleaning and disinfection of conveyances used
for transporting the swine to disposal.
Although the regulations being established will allow for the
payment of indemnity by the Department, participation in the indemnity
program will be entirely voluntary for swine producers. Producers who
choose not to have an infected herd depopulated will not be required to
do so. However, such producers must still adhere to the previously
established program rules and regulations.
We are setting forth the provisions of this interim rule in a new
part 52 in title 9 of the Code of Federal Regulations.
Program Guidelines
Swine producers who choose to take part in the indemnity program
may apply for participation as of the date of publication of this
interim rule in the Federal Register. Further action will be taken upon
APHIS' receipt of funding for the accelerated eradication program from
the Commodity Credit Corporation. The indemnity program will extend
from the date of publication of this interim rule for 6 months, or
until funds allocated for the program are depleted, whichever comes
first. In a separate document, APHIS Docket No. 98-123-1, published in
the Federal Register on January 14, 1999, the Secretary of Agriculture
gave notice that he is authorizing the transfer of $80 million in funds
for the accelerated pseudorabies eradication program. Approximately 78
percent will be used for indemnity costs. The remainder will be used
for euthanasia, transport, disposal, clean-up, and surveillance.
The owner of any herd that is determined to be a known pseudorabies
infected herd will be eligible for payment of indemnity for
depopulation. The definition of known infected herd will be the same as
that set forth in 9 CFR part 85, which deals with the existing
pseudorabies program. A known infected herd will be defined as any herd
in which swine have been determined to be infected with pseudorabies,
based on an official pseudorabies test or an approved differential
pseudorabies test, or diagnosed by an official pseudorabies
epidemiologist as having pseudorabies. Through the existing
pseudorabies program, infected herds have already been identified.
Monitoring and surveillance conducted by APHIS and State agencies may
identify additional infected herds during the accelerated eradication
program.
An official pseudorabies epidemiologist will be defined as a State
or Federally employed veterinarian designated by the State animal
health official and the APHIS veterinarian in charge to investigate and
diagnose pseudorabies in livestock.
An official pseudorabies test will be defined as in part 85 to mean
any test for the diagnosis of pseudorabies approved by the
Administrator and conducted in a laboratory approved by the
Administrator as listed in a Veterinary Services Notice listing such
laboratories.
The following tests for the diagnosis of pseudorabies have been
approved by the Administrator:
Microtitration serum-virus neutralization test
Virus isolation and identification test
Fluorescent antibody tissue section test
Enzyme-linked immunosorbent assay (ELISA) test, except for
approved differential pseudorabies tests other than the glycoprotein I
(gpI) ELISA test
Latex agglutination test (LAT)
Particle concentration fluorescence immunoassay (PCFIA)
test
State, Federal, and university laboratories will be approved by the
Administrator to conduct official pseudorabies tests following his
determination that the laboratory has personnel trained at the
Veterinary Services Diagnostic Laboratory at Ames, IA, assigned to
supervise the test, follows standard test protocol, meets check test
proficiency requirements, and will report all test results to State and
Federal animal health officials. Lists of approved laboratories are
periodically published in the Notices section of the Federal Register.
An approved pseudorabies differential test also will be defined as
in current part 85 to mean any test for the diagnosis of pseudorabies
that can distinguish vaccinated swine from infected swine; is produced
under license from the Secretary of Agriculture under the Virus-Serum-
Toxin Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et
seq.) with indications for use in the Cooperative State-Federal
Pseudorabies Eradication Program; and is conducted in a laboratory
approved by the Administrator.
Fair Market Value
The Department will pay fair market value for swine depopulated due
to pseudorabies. The fair market value of the animals will be appraised
by an APHIS employee and a representative of the State jointly, or, if
the State authorities approve, by an APHIS official alone. The fair
market value will be based primarily on a per pound compensation. The
per pound compensation will be based on the weighted average base
market prices of the previous week (as released in ``USDA-AMS Livestock
Market News''). The per pound compensation amount will be updated each
week. An additional producer cost offset will be paid according to
whether the animal is a breeder pig, a baby pig or market hog less than
200 pounds, or a market hog greater than 200 pounds. Animals may be
appraised in groups, provided that, where the appraisal is by head for
cost offset purposes, each animal in the group is the same type. As
noted, each
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animal in the group will be the same value per pound.
Appraisals of animals will be reported on forms furnished by APHIS.
Reports of appraisals will show the number of animals and the value per
head or the weight and value by pound.
All premises, including barns, stockyards, and pens, and all cars
and other conveyances, and the materials on any premises or conveyances
used to house or transport swine for which indemnity is paid under the
provisions of this interim rule must be cleaned and disinfected under
the supervision of an APHIS employee or a State representative before
being reused to house or convey swine. The producers of the swine for
which indemnity is paid will be responsible for the costs of all
cleaning and disinfection, except for the cleaning and disinfection of
conveyances used to transport the swine to the disposal location. Once
the swine purchased by the Department have been removed from the
premises where they were kept, additional swine may not be moved onto
those premises for at least 30 days following the approved cleaning and
disinfection of premises.
Claims for the compensation for the value of animals destroyed must
be presented, through the inspector in charge, to APHIS on a form
furnished by APHIS. The owner of the animals must certify on the form
that the animals covered either are or are not subject to any mortgage.
If the owner states that there is a mortgage, the owner, and each
person holding a mortgage on the animals, must sign forms furnished by
APHIS consenting to the payment of indemnity to the owner or
lienholder.
This interim rule provides that no indemnity will be paid if the
infected animals have been moved or handled by the owner in violation
of a law or regulation administered by the Secretary regarding animal
disease, or in violation of a law or regulation for which the Secretary
has entered into a cooperative agreement.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment. We are
making this action effective upon signature. This effective date is
necessary to ensure that the pseudorabies accelerated eradication
program is implemented as soon as possible to prevent the spread of
pseudorabies.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 533 to make the
rule effective less than 30 days after publication. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be economically significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget. We have done a preliminary analysis of the
potential costs and benefits of this rule in accordance with Executive
Order 12866, as follows. A final analysis will be published in a
subsequent document published in the Federal Register.
Potential Economic Impact
Pseudorabies is a herpes virus disease primarily affecting swine,
that is known to cause reproductive problems, including abortion and
stillborn death in neonatal pigs, and occasional death losses in
breeding and finishing hogs. The disease is recognized to cause
considerable economic loss. The cost to pork producers alone is over
$30 million annually. Of this amount, $17 million represents the cost
of vaccination. Another $11 million is attributable to pig deaths, and
the remainder is spent on testing.
A Federal eradication program for this disease was implemented in
the United States in 1989. The program is cooperative in nature and
involves Federal, State, and industry participation. The Federal
Government coordinates the National Program, the State Governments
promulgate and enforce intrastate regulations, and producers contribute
by testing their herds and purchasing vaccines. For the 1999 fiscal
year, Congress appropriated close to $9.1 million for Federal
Government participation in the pseudorabies program, including funds
for monitoring and surveillance.
The pseudorabies eradication program has been markedly successful.
By 1992, nearly 8,000 herds had been identified as being infected with
pseudorabies. Currently, there are just over 1,000 herds, or slightly
less than 1 percent of the total number of U.S. herds, left remaining
under quarantine for pseudorabies in the United States. As of September
30, 1998, herds under quarantine were distributed as follows.
(Preliminary information available to APHIS indicates that some of
these numbers have decreased since September.)
Number of Herds Under Quarantine and Swine by State
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Herds under Number of
States quarantine swine
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Arkansas...................................... 1 1,000
California.................................... 2 5,000
Florida....................................... 14 354
Illinois...................................... 14 3,912
Indiana....................................... 214 153,010
Iowa.......................................... 632 479,520
Louisiana..................................... 1 7
Massachusetts................................. 1 1,000
Michigan...................................... 3 18,902
Minnesota..................................... 147 180,714
Nebraska...................................... 17 1,100
North Carolina................................ 226 850,757
Pennsylvania.................................. 6 6,815
South Dakota.................................. 2 1,100
Texas......................................... 2 14
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Total..................................... 1,291 1,719,755
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Due to the severe downturn in the value of market swine, progress
in the pseudorabies eradication program may be threatened. A surplus of
live swine, due in part to reduced export markets, has slaughter plants
operating at maximum capacity and has led to depressed prices.
Consequently, swine producers are being forced to continue feeding
swine that cannot go to slaughter. Swine that are slaughtered are being
sold at prices below the costs of feeding and transportation. As a
result of depressed swine market prices, producers may stop vaccinating
their herds because of the added expense. This could seriously affect
the pseudorabies eradication program. Without vaccinations, the virus
could spread to unvaccinated herds. This could increase production
losses in the swine industry, increase costs to the Federal Government
due to delays in eradicating the disease, and possibly jeopardize the
trading position of the United States.
Pork production in the United States is a vital part of the
economy. Over 19 billion pounds will be processed from about 99 million
hogs in 1998. The economic impact of the industry on rural America is
immense. Annual farm sales of swine in the United States usually exceed
$11 billion. The retail value of pork sold to consumers exceeds $30
billion. In addition, the U.S. pork industry supports over 600,000 jobs
and contributes to $23 billion in personal income.
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To avoid the potential costs associated with the possible reduction
of producer participation in the voluntary eradication program, we are
commencing a voluntary, accelerated pseudorabies eradication program in
which we will pay indemnity at fair market value for, and depopulate as
quickly as possible, as many pseudorabies-infected herds as possible.
Normally, the fair market value of these animals would make such an
operation cost-prohibitive. However, the severely depressed value of
swine in the United States offers us a unique window of opportunity to
pay indemnity for these animals at a considerable savings.
This may provide several benefits. First, it will reduce the
presence of pseudorabies in the United States sooner than the target
date.
Second, if eradication is complete, the resources that we are
currently expending on our pseudorabies program can be diverted to
other disease eradication and prevention efforts, including
surveillance and monitoring.
Third, swine producers will benefit by our payment of indemnity for
the depopulation of infected herds. Although these producers will
receive fair market value for these animals, and consequently, under
present conditions, will not make a profit on their animals, they will
at least be spared the continued expense of feeding and maintaining
them.
The Secretary of Agriculture has authorized the transfer of $80
million in funds from the Commodity Credit Corporation to conduct the
indemnity program. This is a transfer from taxpayers. Approximately 78
percent of this money ($62 million) will be used for indemnity costs,
and the remainder will be used for euthanasia, transport, disposal
(most likely through rendering), clean-up, and surveillance. Payment of
indemnity will be based on fair market value, and the amount paid per
pig will likely fluctuate during the course of the accelerated
pseudorabies eradication program, which will last approximately 6
months. The amount authorized assumes 100 percent participation of
owners with infected herds. However, participation may be limited if
funds are exhausted due to increases in the fair market value above our
current estimates. Funds will be paid out on a first-come-first served
basis. Additionally, some producers may not choose to participate.
We anticipate that the expected decrease in the number of hogs
available for market will cause an increase in the prices paid to swine
producers by pork processors. In such a case, there would be some
negative impact on pork processors. Currently, we do not have
sufficient information to determine the effect on the market. Nor do we
have sufficient information to determine the net benefit or the
distributional impacts of the chosen option.
Options Considered
In assessing the need for this interim rule, we identified three
alternatives. The first was to maintain the status quo. We rejected
this option because it would not address the potential risks that may
endanger the pseudorabies program.
The second option would have been to provide financial assistance
to the swine industry for continuation of vaccination and other herd
management practices to eliminate pseudorabies. The fiscal year 2000
target for the eradication of pseudorabies could have been achieved,
but monitoring and surveillance would have continued. Although this
option may be less costly than the option we chose, option 3 below, we
did not choose it because it does not allow us to eradicate
pseudorabies as quickly as the chosen option.
The third option, to provide indemnity payments to accelerate the
eradication program by providing indemnity for the depopulation of
pseudorabies-infected herds, was the one we chose. Depopulation of
infected herds is the single most effective way to eliminate
pseudorabies. The current severely depressed values of market swine
present a unique opportunity to significantly accelerate pseudorabies
eradication in a cost-effective way through depopulation. At the same
time, pork producers will gain some compensation for pigs they are
currently paying to feed, and that many owners cannot send to slaughter
due to slaughter plants already being used to maximum.
Potential Impact on Small Entities
This emergency situation makes compliance with section 603 and
timely compliance with section 604 of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) impracticable. This interim rule establishes a
voluntary program that allows swine producers to be paid indemnity for
known pseudorabies-infected herds. Because slaughtering plants are
operating at maximum capacity, it is likely that many of these swine
could not be sold at market at this time, and the owners would
otherwise receive no compensation for the swine. We do not anticipate
any negative impact from this rule, other than perhaps some impact on
pork processors who may eventually pay a higher price for swine.
However, we will conduct further analyses of the potential impact of
this rule. If we determine this rule will have a significant economic
impact on a substantial number of small entities, then we will discuss
the issues raised by section 604 of the Regulatory Flexibility Act in
our Final Regulatory Flexibility Analysis.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). OMB has assigned control number 0579-0137 to the information
collection and recordkeeping requirements. Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the Paperwork
Reduction Act unless that collection of information displays a
currently valid OMB control number.
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 98-123-2.
Please send a copy of your comments to: (1) Docket No. 98-123-2,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
interim rule.
This interim rule establishes regulations to provide for the
payment of indemnity by the Department for the voluntary depopulation
of herds of swine known to be infected with pseudorabies. In order to
take part in the indemnity program, swine producers must apply for
participation, must sign
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a payment, appraisal and agreement form, and must certify as to whether
any other parties hold mortgages on the herd. We are soliciting
comments from the public concerning our information collection and
recordkeeping requirements. We need this outside input to help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden. Public reporting burden for this collection of
information is estimated to average 0.26673 hour per response.
Respondents. Swine producers.
Estimated number of respondents. 1,300.
Estimated number of responses per respondent. 4.
Estimated total annual number of responses. 5,200.
Estimated total annual burden on respondents. 1,387.
Copies of this information collection can be obtained from:
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence
Avenue, SW., Washington, DC 20250.
List of Subjects in 9 CFR Part 52
Animal diseases, Pseudorabies, Swine, Indemnity payments,
Transportation.
Accordingly, we are amending 9 CFR, chapter I, subchapter B, by
adding a new part to read as follows:
PART 52--SWINE DESTROYED BECAUSE OF PSEUDORABIES
Sec.
52.1 Definitions.
52.2 Payment of indemnity.
52.3 Appraisal of swine.
52.4 Disinfection of premises, conveyances, and materials.
52.5 Presentation of claims.
52.6 Mortgage against animals.
52.7 Claims not allowed.
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 52.1 Definitions.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any other employee of the Animal and Plant
Health Inspection Service, United States Department of Agriculture,
delegated to act in the Administrator's stead.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
APHIS employee. Any individual employed by the Animal and Plant
Health Inspection Service who is authorized by the Administrator to do
any work or perform any duty in connection with the control and
eradication of disease.
Approved differential pseudorabies test. Any test for the diagnosis
of pseudorabies that can distinguish vaccinated swine from infected
swine; is produced under license from the Secretary of Agriculture
under the Virus-Serum-Toxin Act of March 4, 1913, and subsequent
amendments (21 U.S.C. 151 et seq.) with indications for use in the
Cooperative State-Federal Pseudorabies Eradication Program; and is
conducted in a laboratory approved by the Administrator.1
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\1\ The names and addresses of laboratories approved by the
Administrator to conduct approved differential pseudorabies tests
are published in the Notices Section of the Federal Register. A list
of approved laboratories is also available upon request from the
Animal and Plant Health Inspection Service, 4700 River Road Unit 37,
Riverdale, Maryland 20737-1231. State, Federal, and university
laboratories will be approved by the Administrator when he or she
determines that the laboratory: employs personnel trained at the
National Veterinary Services Laboratories assigned to supervise the
testing; follows standard test protocols; meets check test
proficiency requirements; and will report all test results to State
and Federal animal health officials. Before the Administrator may
withdraw approval of any laboratory for failure to meet any of these
conditions, the Administrator must give written notice of the
proposed withdrawal to the director of the laboratory, and must give
the director an opportunity to respond. If there are conflicts as to
any material fact, a hearing will be held to resolve the conflict.
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Department. The United States Department of Agriculture.
Herd. Any group of swine maintained on common ground for any
purpose, or two or more groups of swine under common ownership or
supervision, that are geographically separated but have an interchange
or movement of animals without regard to whether the animals are
infected with or exposed to pseudorabies.
Inspector in charge. An APHIS employee who is designated by the
Administrator to take charge of work in connection with the control and
eradication of disease.
Known infected herd. Any herd in which swine have been determined
to be infected with pseudorabies based on an official pseudorabies test
or an approved differential pseudorabies test, or as diagnosed by an
official pseudorabies epidemiologist as having pseudorabies.
Materials. Parts of barns or other structures, straw, hay, and
other feed for animals, farm products or equipment, clothing, and
articles stored in or adjacent to barns or other structures.
Mortgage. Any mortgage, lien, or other security or beneficial
interest held by any person other than the one claiming indemnity.
Official pseudorabies epidemiologist. A State or Federally employed
veterinarian designated by the State animal health official and the
veterinarian in charge to investigate and diagnose pseudorabies in
livestock.
Official pseudorabies test. Any test for the diagnosis of
pseudorabies approved by the Administrator and conducted in a
laboratory approved by the Administrator. The following tests for the
diagnosis of pseudorabies have been approved by the Administrator:
Microtitration Serum-Virus Neutralization Test; Virus Isolation and
Identification Test; Fluorescent Antibody Tissue Section Test; Enzyme-
Linked Immunosorbent Assay (ELISA) Test, except for approved
differential pseudorabies tests other than the glycoprotein I (gpI)
ELISA test; Latex Agglutination Test (LAT); and Particle Concentration
Fluorescence Immunoassay (PCFIA) Test.2 State, Federal, and
university laboratories will be approved by the Administrator following
his determination that the laboratory: has personnel trained at the
Veterinary Services Diagnostic Laboratory at Ames, Iowa, assigned to
supervise the test; follows standard test protocol; meets check test
proficiency requirements; and will report all test results to State and
Federal animal health officials.3
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\2\ Copies of the test protocols (Recommended Minimum Standards
for Diagnostic Tests Employed in the Diagnosis of Pseudorabies
(Aujeszky's Disease) are available upon request from the Animal and
Plant Health Inspection Service, Veterinary Services, Operational
Support, 4700 River Road Unit 33, Riverdale, MD 20737-1231.
\3\ Before the Administrator withdraws the approval of any
laboratory, the Director of the laboratory will be given a notice by
the Administrator of the proposed disapproval and the reasons for
it, and the Director will have the opportunity to respond. In those
instances where there are conflicts as to the facts, a hearing will
be held to resolve such conflicts.
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Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
[[Page 2550]]
Pseudorabies. The contagious, infectious, and communicable disease
of livestock and other animals, also known as Aujeszky's disease, mad
itch, or infectious bulbar paralysis.
Secretary. The Secretary of Agriculture of the United States, or
any officer or employee of the Department delegated to act in the
Secretary's stead.
State. Each of the States of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin
Islands of the United States, or any other territory or possession of
the United States.
State representative. A person regularly employed in the animal
health work of a State and who is authorized by that State to perform
the function involved under a cooperative agreement with the United
States Department of Agriculture.
Veterinarian in charge. The veterinary official of Veterinary
Services, APHIS, who is assigned by the Administrator to supervise and
perform official animal health work for APHIS in the State concerned.
Sec. 52.2 Payment of indemnity.
The Administrator is hereby authorized to agree, on the part of the
Department, to pay 100 percent of the expenses of purchase, destruction
and disposition of herds of swine that are destroyed because the herds
are known to be infected with pseudorabies.
Sec. 52.3 Appraisal of swine.
(a) Herds of swine destroyed because the herds are known to be
infected with pseudorabies will be appraised by an APHIS employee and a
representative of the State jointly, or, if the State authorities
approve, by an APHIS employee alone.
(b) The appraisal of swine will be based on the fair market value
as determined by the meat or breeding value of the animals. Animals may
be appraised in groups, provided that where appraisal is by the head,
each animal in the group is the same value per head, and where
appraisal is by the pound, each animal in the group is the same value
per pound.
(c) Appraisals of swine must be reported on forms furnished by
APHIS and signed by the owner of the swine. Reports of appraisals must
show the number of swine and the value per head or the weight and value
by pound. (Approved by the Office of Management and Budget under
control number 0579-0137).
Sec. 52.4 Disinfection of premises, conveyances, and materials.
All premises, including barns, stockyards and pens, and all cars
and other conveyances, and the materials on any premises or conveyances
used to house or transport swine for which indemnity is paid under this
part must be cleaned and disinfected under the supervision of an APHIS
employee after removal of the swine from the known infected herd.
Premises may not be restocked with swine for at least 30 days following
an approved cleaning and disinfection. The owner to whom the indemnity
is paid will be responsible for expenses incurred in connection with
the cleaning and disinfection, except for cleaning and disinfection of
the conveyances used to transport the swine to the location of
disposal.
Sec. 52.5 Presentation of claims.
Claims for compensation for the value of animals destroyed must
each be presented, through the inspector in charge, to APHIS on a form
furnished by APHIS.
(Approved by the Office of Management and Budget under control
number 0579-0137).
Sec. 52.6 Mortgage against animals.
When swine have been destroyed under this part, any claim for
indemnity must be presented on forms furnished by APHIS. The owner of
the swine must certify on the forms that the swine covered are, or are
not, subject to any mortgage as defined in this part. If the owner
states there is a mortgage, the owner and each person holding a
mortgage on the swine must sign, consenting to the payment of indemnity
to the person specified on the form.
(Approved by the Office of Management and Budget under control
number 0579-0137).
Sec. 52.7 Claims not allowed.
(a) The Department will not allow claims arising out of the
destruction of swine unless the swine have been appraised as prescribed
in this part and the owners have signed a written agreement to the
appraisals.
(b) The Department will not allow claims arising out of the
destruction of swine that have been moved or handled by the owner or a
representative of the owner in violation of a law or regulation
administered by the Secretary regarding animal disease, or in violation
of a law or regulation for which the Secretary has entered into a
cooperative agreement.
(Approved by the Office of Management and Budget under control
number 0579-0137).
Done in Washington, DC, this 12th day of January 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-969 Filed 1-14-99; 8:45 am]
BILLING CODE 3410-34-P
