[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Rules and Regulations]
[Pages 56877-56891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28060]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 215 / Tuesday, November 5, 1996 /
Rules and Regulations
[[Page 56877]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 53, 71, 82, 92, 94, and 161
[Docket No. 87-090-3]
RIN 0579-AA22
Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in
Poultry
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are revising completely the regulations concerning exotic
Newcastle disease in birds and poultry, and psittacosis or ornithosis
in poultry. We reviewed part 82 as part of our ongoing review of
existing regulations, and have determined that a complete revision of
subpart A is necessary. Revising the regulations will make them easier
to understand, thereby increasing compliance with the regulations, and
will make them more effective in preventing the interstate spread of
these diseases. We are also amending other parts to reflect the
amendments we are making to part 82.
EFFECTIVE DATE: December 5, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff
Veterinarian, Import/Export Animals Staff, National Center for Import-
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,
(301) 734-5097.
SUPPLEMENTARY INFORMATION:
Background
Part 82
The regulations in 9 CFR part 82, subpart A, restrict the
interstate movement of certain poultry, birds, and other items from
premises and areas quarantined because of exotic Newcastle disease, and
psittacosis or ornithosis.1 These regulations are designed to
prevent the interstate spread of these contagious, infectious, and
communicable diseases of birds and poultry, which could devastate the
United States poultry industry.
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\1\ Psittacosis and ornithosis are two different names for the
same disease. However, ``psittacosis'' commonly refers to the
disease in humans and birds and ``ornithosis'' refers to the disease
in poultry.
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On June 28, 1994, the Animal and Plant Health Inspection Service
(APHIS) published in the Federal Register (59 FR 33214-33233, Docket
No. 87-090-1) a proposal to amend the regulations by revising
completely the regulations in subpart A. The proposal to revise subpart
A was the result of a review of the exotic Newcastle disease and
psittacosis/ornithosis regulations we conducted in accordance with our
regulatory review plan, which provides for ongoing review of existing
regulations.
We solicited comments concerning our proposal for 60 days ending
August 29, 1994. Among the comments we received was a request for an
extension of the comment period. In response to this request, we
published a notice in the Federal Register on September 30, 1994 (59 FR
49865, Docket No. 87-090-2) reopening and extending the comment period
until November 29, 1994. We received a total of seven comments by
November 29, 1994. They were from representatives of a poultry industry
council, an exhibitor association, academia, a conservation society, an
industry advisory association, a veterinary medical association, and a
State department of agriculture. We discuss below each of the issues
the commenters raised. In discussing the comment issues, we have
divided them into those that address only exotic Newcastle disease
(END), those that address only chlamydiosis, and those that address
part 82 as a whole.
Comments Addressing Exotic Newcastle Disease (END)
In the current regulations, exotic Newcastle disease is defined as
``the exotic viscerotropic type of Newcastle disease, a contagious,
infectious, and communicable disease of poultry.'' In our proposed
rule, we proposed to amend the definition of exotic Newcastle disease
to mean ``any velogenic Newcastle disease.'' One commenter requested
further clarification of the reason for the proposed change. Another
commenter asked us to reconsider this proposed change, expressing
concern that the revised definition would apply to neurotropic
velogenic Newcastle disease, and stating that neurotropic velogenic
Newcastle disease is not exotic and may be less transmissible than
velogenic viscerotropic Newcastle disease.
We are making no changes to the proposed regulations as a result of
these comments. As we discussed in our proposal, ``velogenic'' refers
to the severity of the strain of the virus in question. If there were
an outbreak of any velogenic Newcastle disease in the United States, it
would be treated in the same way as velogenic viscerotropic Newcastle
disease. This would include neurotropic velogenic Newcastle disease. We
disagree that neurotropic velogenic Newcastle disease should not be
considered an exotic disease. There are currently no known incidences
of this disease in the field in the United States, and there have been
a very limited number of incidences in the past. We believe that any
case of a velogenic Newcastle disease has the potential of causing a
serious outbreak with severe economic losses, and must be dealt with in
the same way as velogenic viscerotropic Newcastle disease.
One commenter expressed concern with Sec. 82.2 of our proposal,
which provided in part that clinical evidence would be one of the
factors considered in determining whether birds or poultry are infected
with END. The commenter stated that because the clinical signs of END
can mimic those of avian influenza, END should not be considered to
exist until at least one signal case has been diagnosed in the
immediate area and has been confirmed with diagnostic tests.
We are making no changes based on this comment. According to
standard protocol, END is considered to exist in an area after an
initial case has been confirmed through laboratory diagnosis. However,
once such a confirmation has been made, it is possible, and often
necessary in effectively controlling an outbreak, to rely on disease
diagnosis through clinical and/or exposure factors.
[[Page 56878]]
Several commenters expressed concern that although the proposed
regulations included special provisions for the interstate movement of
pet birds in the event of an outbreak of END, there were no similar
provisions for the movement of zoological or avicultural birds. As
proposed, birds and poultry other than pet birds could move interstate
only to slaughter. We agree that special provisions need to be made for
birds that are not pet birds and that are not known to be infected with
or exposed to END, and we are including such provisions in Sec. 82.5(b)
of this final rule. Under these provisions, birds other than pet birds
that are moved interstate from an area quarantined due to END would be
subject to the same restrictions as poultry, except that they would not
be required to be moved to slaughter.
Several commenters expressed concern with the provision in proposed
Sec. 82.3 that stated that less than an entire State will be designated
as a quarantined area only if the State enforces restrictions on
intrastate movements from the quarantined area that are at least as
stringent as the APHIS regulations. One commenter stated that such a
quarantine of an entire State would affect all zoos and aviculturists
within the State. Another commenter recommended that, instead of
quarantining an entire State when that State's requirements are not as
stringent as APHIS's, the regulations should prohibit interstate or
intrastate movement from a quarantined area unless the Federal
requirements in part 82 of the regulations are met.
We are making no changes based on these comments. As discussed
above, we are making provision for the interstate movement of
zoological and avicultural birds, which would allow for movement of
such birds even from a State that has been quarantined in its entirety.
Further, APHIS's regulatory authority does not extend to intrastate
movement unless the Secretary has declared an ``extraordinary
emergency'' in a particular State. Extraordinary emergencies
historically have been declared only rarely, in those cases where the
Secretary, in consultation with the governor of the State, has
determined that the State is unable to take adequate measures to
control a disease outbreak. In most cases, it has not been necessary
for the Secretary to declare an extraordinary emergency because the
State in question has implemented control measures at least as
stringent as those established by APHIS.
One commenter recommended that the regulations contain a provision
exempting the eggs of zoological and avicultural birds from cleaning
and sanitizing requirements for interstate movement. We are making no
changes based on this comment. The provisions in Sec. 82.9 of the
proposal for hatching eggs contained no requirements for cleaning and
sanitization. Such requirements applied only to eggs other than
hatching eggs.
One commenter asked whether the sanitization of eggs other than
hatching eggs required by proposed Sec. 82.8 would include sanitization
by spraying. As proposed and made final in this document,
Sec. 82.8(a)(1) requires that eggs other than hatching eggs to be moved
interstate from a quarantined area be cleaned and sanitized in
accordance with 7 CFR part 59, which consists of regulations
promulgated by the Agricultural Marketing Service, USDA. In Sec. 59.16
of those regulations, a procedure for sanitization by spraying with a
mixture of clorine or its equivalent and potable water is described.
Section 82.10 of the proposed rule provided that equipment used in
a quarantined area in the handling of birds or poultry or their eggs,
or in the handling of manure generated by or litter used by the birds
or poultry, must be made of hard plastic or metal to be moved
interstate, and must be cleaned and disinfected after such movement.
One commenter recommended that the regulations allow for the use of
equipment made from materials such as cardboard, fiber, and waxed
cardboard, provided such equipment is disposed of after use, preferably
by incineration. We agree with the commenter that if such equipment has
been previously unused, and is disposed of by incineration without
being reused after interstate movement, it will not pose a risk of
spreading the END virus. Therefore, we are providing for such use under
Sec. 82.10(b)(2) of this rule.
Section 82.14 of the proposed rule, among other things, described
ways manure and litter could be disposed of in order for an area to
qualify for removal from quarantine. The methods of disposal included
burial, composting, and spreading and turning under. One commenter
stated that the proposed conditions for spreading and turning under
were less stringent than those for burial and composting, and expressed
concern that disposing of manure and litter through spreading and
turning under could allow for transmission of END. We consider the
spreading and turning under of manure or litter as prescribed in the
proposed rule to be adequate to prevent the dissemination of END.
Properly carried out, spreading manure or litter dilutes the manure or
litter to such an extent that pockets of END contamination are
eliminated. The procedures for burying and composting litter and manure
are more stringent than those for spreading and turning under, because
burial or composting is generally done when the manure or litter
contains dead birds or poultry. As we noted above, however, spreading
and turning must be properly carried out to be effective. Therefore, we
are adding a provision to Sec. 82.14(e)(3) that manure and litter may
be disposed of by spreading and turning under only if carried out under
the direct supervision of a Federal representative or a State
representative.
One commenter requested clarification of the criteria we would use
in quarantining an area for END. Proposed Sec. 82.3(a) reads in part
that ``(a)ny area where birds or poultry infected with END are located
will be designated as a quarantined area. A quarantined area is any
geographical area . . . deemed by epidemiological evaluation to be
sufficient to contain all birds or poultry known to be infected with or
exposed to END.'' The commenter recommended that the regulations make
clear that exposed birds and poultry would be included in a quarantined
area. We believe the proposal as written conveys our intent, and we are
making no changes based on the comment. As stated in the proposed
regulations, in the event of an END outbreak, we will establish a
quarantined area based on the existence of infected birds or poultry in
the area. However, once infected birds or poultry are determined to
exist in an area, the boundaries of the quarantined area will be drawn
to encompass any birds or poultry that are considered to have been
exposed to the disease agent.
In several different sections of the proposed rule, the regulations
regarding the interstate movement from a quarantined area of regulated
articles require that a copy of the permit necessary for such movement
be submitted so that it is received by both the State animal health
official and the veterinarian in charge in the State of destination
within 72 hours of arrival. One commenter stated that the availability
of technology such as facsimile machines allows for quicker
notification, and that a period shorter than 72 hours should be
required for submission of a permit. We are making no changes based on
this comment. Although we agree that timely notification of the
interstate movement of regulated articles is important, and that such
notification can be made in less than 72 hours in most cases, we
[[Page 56879]]
consider it incorrect to assume that all persons moving regulated
articles interstate have the capability to do so in significantly less
than 72 hours. We continue to consider 72 hours adequate time for
notification.
Proposed Sec. 82.9(c) included the requirement that hatching eggs
moved interstate from a quarantined area be held at a designated
premises, and that birds and poultry hatched from the eggs be held at
the premises for at least 30 days after hatch. One commenter objected
to the additional proposed provision that, during the holding period,
the eggs and any birds or poultry hatched from the eggs would be
subject to any inspections, disinfections, and tests as may be required
by the Administrator to determine their freedom from END. The commenter
stated that affected entities should know in advance what may be
required. We are making no changes based on this comment. The provision
in question was included in the regulations because, although we
anticipate that such inspections, disinfections, and tests will in most
cases not be necessary, we consider it important to provide the
Administrator with the discretion to respond to currently unforeseen
situations.
One commenter recommended that the provisions in proposed Sec. 82.5
state that owners moving pet birds interstate from a quarantined area
will be provided with the names and addresses of Federal and State
officials in the State where they are taking their pet birds.
Currently, a footnote to Sec. 82.4 of the existing regulations
indicates that such information will be provided to owners of pet
birds. We are making no changes based on this comment. The regulations
as proposed contain a footnote that indicates where owners of pet birds
can obtain the names of appropriate Federal and State officials. While
this information does not preclude APHIS otherwise supplying the
necessary information to owners, it provides owners with several
options for securing the information.
Comments Addressing Chlamydiosis (Psittacosis or Ornithosis)
One commenter stated that chlamydiosis should not be a matter for
Federal regulation. The commenter expressed the belief that the
uncommon and sporadic appearance of the clinical disease among poultry
species reflects far more significantly the wide range of toxigensis
among strains of the agent than the presence or absence of the agent.
The commenter stated that endemic infection with the chlamydiosis agent
is widespread among both mammalian and avian species, and that
epidemiologic investigation of disease in poultry has not implicated
exotic pet birds, interstate movement of poultry, or spread between
ranches.
We are making no changes based on this comment. We disagree that
chlamydiosis should not be a matter for Federal regulation. Under 21
U.S.C. 111, 114, and 114a, the Secretary of Agriculture is authorized
to establish such regulations and take such measures as he or she deems
necessary to prevent the introduction or dissemination of any
contagious, infectious, or communicable disease of animals and/or
poultry from a foreign country into the United States or from one State
or Territory to another. Historically, the Department has taken
regulatory action when the disease manifested itself in commercial
poultry flocks.
One commenter recommended that, as a safeguard against
chlamydiosis, the regulations should require that imported psittacine
birds be treated for 45 days with antibiotics. We are making no changes
based on this comment. Currently, birds imported into the United States
are required to be quarantined for 30 days. During the 30-day
quarantine, the birds are treated with antibiotics, and we recommend to
their owners that the treatment be continued for an additional 15 days.
We consider this practice a practicable alternative to extending the
quarantine beyond 30 days.
One commenter recommended that, in order to control chlamydiosis
more effectively, the regulations should require psittacine birds to be
identified with legbands to facilitate traceback and reduce smuggling.
We are making no changes based on this comment. Our regulations for
importing birds, contained in 9 CFR part 92, already require that
imported birds be legbanded while in quarantine (see
Sec. 92.106(c)(3)(ii)(E)). We do not consider it practicable or
enforceable to require legbanding of birds that are to be moved
interstate.
Other Comments
In the explanatory information of our proposal, we indicated that
we were proposing to reorganize part 82 by dividing it into three
subparts, rather than the existing two. In our proposal, we discussed
two of the proposed three subparts--those pertaining to exotic
Newcastle disease and chlamydiosis. One commenter requested that we
also discuss the third subpart. As we explained in our proposal, the
third subpart, subpart C, would contain the Salmonella enteriditis
serotype enteriditis regulations. Because we proposed no changes to
those regulations, we did not consider it necessary to discuss them in
the proposed rule.
Several commenters addressed issues outside the scope of the
proposal, including whether APHIS personnel resources would be
sufficient to carry out the regulations. Although we are making no
changes based on these comments, we have carefully reviewed all
comments.
Part 53--Definitions
Part 53 of title 9, Code of Federal Regulations, concerns, among
other things, the payment of indemnity for poultry and materials
destroyed because of contamination by or exposure to END.
In our proposal rule, we proposed to revise the definition of
disease in part 53 to remove outdated references and to add a
description, within that definition, of ``highly pathogenic avian
influenza.'' In this final rule, we are removing the description of
``highly pathogenic avian influenza'' from the definition of disease
and, instead, separately defining the term ``highly pathogenic avian
influenza to reflect the latest technical information about this
disease. Under this final rule, ``highly pathogenic avian influenza''
is defined as (1) any influenza virus that kills at least 75 percent of
eight 4- to 6-week-old susceptible chickens within 10 days following
intravenous inoculation with 0.2 ml of a 1:10 dilution of a bacteria-
free, infectious allantoic fluid; or (2) any H5 or H7 virus that does
not meet the criteria in paragraph (1) of this definition, but has an
amino acid sequence at the hemagglutinin cleavage site that is
compatible with highly pathogenic avian influenza viruses; or (3) any
influenza virus that is not an H5 or H7 subtype and that kills one to
five chickens and grows in cell culture in the absence of trypsin.
Additionally, to maintain consistency with the terminology used in
the definition of disease in Sec. 53.1, we are removing a reference to
``lethal avian influenza'' in Sec. 53.2(b) and replacing it with the
term that is defined, ``highly pathogenic avian influenza.''
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the proposed rule with the
changes discussed above.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has
[[Page 56880]]
been determined to be not significant for purposes of Executive Order
12866 and, therefore, has not been reviewed by the Office of Management
and Budget.
In accordance with 5 U.S.C. 604, we have performed a Final
Regulatory Flexibility Analysis regarding the impact of this rule on
small entities.
Regulatory Authority
In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and
134a, the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the introduction into the
United States and the interstate dissemination within the United States
of communicable diseases of livestock and poultry, and to pay claims
growing out of the destruction of animals. Animal health regulations
promulgated by the Department under this authority include those
regarding END and chlamydiosis in 9 CFR part 82, and those regarding
payment of claims in 9 CFR part 53.
Background
Chlamydiosis
Sporadic outbreaks of chlamydiosis in commercial poultry flocks
have occurred in the United States over the past decade. APHIS, working
with State cooperators, has successfully eliminated chlamydiosis on
each occasion. This rule includes only minor changes related to
chlamydiosis, specifically the addition of a requirement for a permit
or special permit to move certain items interstate. We consider these
documents necessary to allow the Department to better monitor the
interstate movement of the items moved. However, the economic impact
from these requirements will be negligible.
Statement of Need for Regulatory Changes Regarding END
Beginning with the successful conclusion of the southern California
END emergency eradication program in 1974 (see discussion below), the
U.S. poultry and egg industries have become increasingly vertically
integrated. This vertical integration has led to further concentration
of poultry and egg production in specific geographic regions of the
United States. With large numbers of poultry facilities operating in
close proximity to each other, there is an increased opportunity for
another major END outbreak. The existing END regulations were drafted
prior to the increased level of industry concentration, and they
require revisions to reflect the changes that have taken place. APHIS
considers the revisions in this final rule to be necessary despite the
widespread adoption of vaccination and biosecurity practices by
commercial poultry producers since the 1971-1974 END outbreak. The
current value of the domestic poultry and egg industry is estimated to
be about $18.6 billion. Broiler production accounts for 63 percent of
total production, followed by eggs (21 percent), turkeys (15 percent),
and other chicken production (1 percent). Therefore, we consider the
changes to the existing END regulations necessary due to the dynamic
nature of the disease and its continued potential to devastate an
important sector of U.S. agriculture.
Exotic birds are capable of transmitting the END virus to
commercial poultry and egg flocks. Under the existing provisions, APHIS
routinely refuses entry of entire shipments of imported birds when the
END virus is detected. The importer is given a disposal order and has
72 hours to remove the birds from the United States or have them
euthanized. In the past two decades, the domestic exotic bird industry
has changed. Domestic production has intensified for those exotic
species that can be readily bred in captivity. The Wild Bird
Conservation Act of 1992 drastically reduced the number of exotic birds
imported into the United States, from slightly under 1 million birds a
year to less than 100,000 a year. Only those species of birds exempt
from this Act may be imported. Illegal importation of exotic bird
species continues to be an avenue for the introduction of END into the
United States.
Changes to END Regulations
In the absence of an END outbreak, the regulatory changes will have
a negligible impact on the domestic poultry and exotic bird industries.
The END revisions will strengthen APHIS's ability to prevent the
interstate spread of END in the event of a domestic outbreak, and in
some cases relieve certain restrictions. The changes include new
requirements for removing an area from quarantine; specific provisions
for moving birds that are not known to be infected with or exposed to
END out of a quarantined area; new provisions regarding the interstate
movement of manure and litter from a quarantined area; and new
provisions regarding the interstate movement of cages, coops, and
equipment from a quarantined area. A brief overview of these new END
regulations is as follows:
1. Interstate movement from a quarantined area is prohibited for
each of the following: (1) Live birds and poultry infected with or
exposed to END; (2) eggs from birds or poultry infected with END; (3)
hatching eggs from birds or poultry exposed to END; (4) litter used by
or manure generated by birds and poultry infected with END; and (5)
dead birds and poultry, including any parts of the birds and poultry,
infected with END.
2. An area will be removed from quarantine when all: (1) Birds and
poultry infected with END in the quarantined area have been euthanized
and all dead birds and poultry within the quarantined area have been
buried, reduced to ashes by incineration, reduced to dust by
composting, or rendered; (2) birds and poultry exposed to END have been
found to be free of END: (3) eggs produced by birds or poultry infected
with or exposed to END in the quarantined area have been buried,
reduced to ashes by incineration, or rendered; (4) manure produced by
or litter used by birds or poultry infected with or exposed to END in
the quarantined area has been reduced to ashes by incineration, or has
been buried, composted, or spread on a field and turned under; (5)
vehicles with which birds and poultry infected with or exposed to END
or their excrement or litter have had physical contact have been
cleaned and disinfected; (6) cages, coops, containers, troughs, and
other equipment used for birds or poultry infected with or exposed to
END, or their excrement or litter, have been reduced to ashes by
incineration or have been cleaned and disinfected in accordance with 9
CFR part 71; and (7) the premises where birds or poultry infected with
or exposed to END were located have been cleaned and disinfected in
accordance with 9 CFR part 71.
3. Replacement birds and poultry will not be allowed to be placed
in quarantined areas until the Administrator decides that END has been
eradicated and that replacement birds and poultry would not become
infected with END.
4. Eggs, other than hatching eggs, from birds and poultry not known
to be infected with END may be moved interstate from a quarantined area
under the following conditions: (1) A permit has been obtained and the
eggs are accompanied by the permit; (2) the eggs have been cleaned and
sanitized in accordance with 7 CFR part 59; (3) the eggs are packed
either in flats or cases that have not been used before, or in used
plastic flats or cases that were first cleaned and sanitized in
accordance with 9 CFR part 71, and any of the flats and cases intended
for reuse are cleaned and sanitized in accordance with 9 CFR part 71
before being moved to a
[[Page 56881]]
premises where birds or poultry are kept; (4) the eggs are moved
interstate to a processing facility where they are inspected to ensure
they are cleaned and sanitized; and (5) a copy of the permit is
submitted to the State animal health official and the veterinarian in
charge for the State of destination.
5. Hatching eggs from birds and poultry not known to be infected
with or exposed to END may be moved interstate from a quarantined area
under the following conditions: (1) A permit is obtained and the
hatching eggs are accompanied by the permit; (2) birds or poultry from
the eggs are held in the State of destination for not less than 30 days
after hatching, at a premises designated jointly by the veterinarian in
charge and the State animal health official; and (3) a copy of the
permit accompanying the hatching eggs is submitted so that it is
received by both the State animal health official and the veterinarian
in charge for the State of destination within 72 hours of the arrival
of the hatching eggs at the premises where they are to be held.
6. Pet birds may be moved interstate from a quarantined area
provided that, among other provisions: (1) An APHIS permit has been
issued; and (2) the pet birds are not known to be infected with or
exposed to END.
7. Interstate movement from a quarantined area will be permitted
for each of the following only if specified requirements are met: (1)
Live birds and poultry, other than pet birds, that are not known to be
infected with or exposed to END; (2) manure and litter from birds and
poultry exposed to END; (3) manure and litter from birds and poultry
not known to be infected with or exposed to END; (4) new or properly
disinfected cages, coops, containers, troughs, vehicles, or other
equipment used to handle infected or exposed birds and poultry, and
their eggs; (5) dead birds and poultry, including any parts of the
birds and poultry, that are not known to be infected with END.
Potential Economic Impacts
The regulations will enhance APHIS's ability to monitor interstate
movement of birds and poultry from areas quarantined because of END.
Domestic poultry, egg, and exotic bird operations will be impacted only
in the event of an END outbreak. There has not been a major domestic
outbreak of END since an epidemic in southern California in 1971-74.
However, END is periodically detected in isolated pet bird populations.
Smuggled shipments of exotic species are the source of most outbreaks
of END. Historically, APHIS has euthanized all pet birds that are found
within a store in which birds are infected with END. The rule changes
will enable APHIS to be more selective and destroy only those birds and
poultry that have been diagnosed as being infected with END. We expect
that the savings to the industry from this more selective euthanization
will outweigh any additional restrictions that will be imposed by the
rule changes. Domestic entities will not be severely impacted by this
rule unless an END outbreak occurs.
Estimated Economic Impact of a Major END Outbreak
Eliminating END requires the detection of the virus in a flock,
appraisal, and rapid, humane destruction of the infected flocks. It
also requires that all premises that contained infected or exposed
flocks be cleaned and disinfected. Depopulation will not occur until an
appraised value is determined and the owners have signed the
appropriate forms.
At the time of the 1971 END outbreak in southern California, there
were approximately 1,115 commercial poultry and bird flocks in that
part of the State. Commercial flock populations ranged in size from
approximately 1,000 to more than 3.4 million birds and poultry. The
estimated population of birds and poultry in southern California's
commercial operations totaled more than 38.9 million. The average
poultry operation contained approximately 55,000 birds. In southern
California, the poultry industry was dominated by layer operations that
produced table eggs for markets in California and neighboring States.
In addition to commercial flocks, there were approximately 39,960
backyard poultry flocks with a total population of approximately 1
million.
A national animal disease emergency was declared by the Secretary
of Agriculture in March 1972, which placed the eight southernmost
counties in California under quarantine. The last case of END was
diagnosed in June 1973, and surveillance programs continued until July
1974. Eradicating END from the area required the destruction of nearly
12 million infected and exposed birds and poultry. Most of the birds
and poultry depopulated were laying hens. The effort cost approximately
$55 million. Approximately half ($27.5 million) was for indemnities
paid to flock owners for poultry, birds, eggs, and supplies destroyed.
Approximately 91 percent of the depopulated birds and poultry were
commercial layers, followed by 6 percent for pullets and broilers, 1
percent each for turkeys and breeding poultry, and less than 1 percent
each for pigeons, backyard aviaries, game birds, and exotic birds.
Between March 1972 and December 1992, the poultry and bird
population in the original quarantined area decreased from
approximately 38.9 million to 19.1 million. Conversely, the number of
commercial flocks in the 1972 END quarantined area increased from
approximately 1,115 to 1,856 by 1992. The increased number of bird and
poultry flocks since 1972 can be attributed to expansion of the exotic
bird industry. Importers and producers of exotic birds are not as
vertically integrated as poultry producers. More exotic bird operations
also helped to account for decreases in average flock size since 1972.
Additionally, increased urbanization in traditional poultry producing
sections of southern California have forced many poultry operations to
close or relocate.
APHIS estimates that if a similar END outbreak were to occur in
southern California today, up to 5.3 million birds and poultry could be
required to be depopulated, and indemnities totaling $15.1 million
dollars would be paid to producers. Adoption of vaccination and
biosecurity practices by commercial poultry producers in Southern
California since the 1971-1974 END outbreak would likely mitigate total
losses. Newly developed diagnostic techniques should enable APHIS to be
more selective when euthanizing birds and poultry in areas quarantined
because of END. Although this should result in the destruction of fewer
birds and poultry, the actual potential impact of the regulations is
unknown.
Estimated Economic Impact of an Isolated END Outbreak
Under APHIS regulations, all imported birds are quarantined for a
minimum of 30 days to prevent the introduction of foreign animal
diseases, particularly END.
Exotic bird species have been imported into the United States
primarily for use as pets for several decades. During fiscal year 1995,
approximately 85,207 exotic birds were legally imported into the United
States. Only 882 birds were confiscated for illegal entry or animal
health reasons. APHIS estimates the value of the confiscated birds
totaled approximately $8,535 during fiscal year 1995. In addition to
legal importation, exotic bird species are also smuggled into the
United States. Birds are smuggled for a variety of reasons, such as the
avoidance of quarantine costs and illegal importation of prohibited
species. The inherent nature of smuggling makes
[[Page 56882]]
reliable data impossible to obtain. However, APHIS estimates that the
number of smuggled birds entering the United States ranges from 25,000
to 150,000 annually. Smuggling increases the likelihood that domestic
birds and poultry could be exposed to END.
Under this rule, APHIS will use updated diagnostic techniques to
determine which birds have actually been infected with END. This should
permit APHIS to be more selective when euthanasia is necessary.
However, the actual potential effect of the regulations on domestic
exotic bird producers is unknown.
Summary
APHIS estimates that the rule changes for END will, short of a
major END outbreak, have a negligible impact on the daily activities of
domestic poultry and egg producers, and on domestic producers and
importers of exotic birds. If a major outbreak occurs and an
eradication program is initiated, the rule changes will enable APHIS to
effectively prevent the interstate spread of END and to eradicate END.
Modern diagnostic techniques will enable APHIS to determine which birds
have been infected by the END virus. This will likely result in smaller
quantities of euthanized birds and poultry in areas quarantined because
of END. We consider revisions to the END regulations necessary to
ensure that domestic poultry, egg, and exotic bird producers are
protected against any potential END outbreak. APHIS considers these
regulations adequate to deal effectively with a disease outbreak, while
at the same time imposing the minimum possible costs on affected
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule 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.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the actions required or authorized by this rule
will not present a risk of introducing or disseminating disease agents
and will not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection 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 copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C., 3501 et seq.), the information collection or
recordkeeping requirements included in this final rule have been
approved by the Office of Management and Budget (OMB). The assigned OMB
control number is 0579-0116.
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects
9 CFR Part 53
Animal diseases, Indemnity payments, Livestock, Poultry and poultry
products.
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 82
Animal diseases, Poultry and poultry products, Quarantine,
Reporting and recordkeeping requirements, Transportation.
9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
9 CFR Part 161
Reporting and recordkeeping requirements, Veterinarians.
Accordingly, we are amending 9 CFR parts 53, 71, 82, 92, 94, and
161 as follows:
PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY
1. The authority citation for part 53 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and
371.2(d).
2. Section 53.1 is revised to read as follows:
Sec. 53.1 Definitions.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture (APHIS).
Animals. Livestock, poultry, and all other members of the animal
kingdom, including birds whether domesticated or wild, but not
including man.
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.
Bird. Any member of the class aves other than poultry.
Department. The United States Department of Agriculture.
Disease. Foot-and-mouth disease, rinderpest, contagious
pleuropneumonia, exotic Newcastle disease, highly pathogenic avian
[[Page 56883]]
influenza, or any other communicable disease of livestock or poultry
that in the opinion of the Secretary constitutes an emergency and
threatens the livestock or poultry of the United States.
Exotic Newcastle Disease (END). Any velogenic Newcastle disease.
Exotic Newcastle disease is an acute, rapidly spreading, and usually
fatal viral disease of birds and poultry.
Highly pathogenic avian influenza. (1) Any influenza virus that
kills at least 75 percent of eight 4- to 6-week-old susceptible
chickens within 10 days following intravenous inoculation with 0.2 ml
of a 1:10 dilution of a bacteria-free, infectious allantoic fluid;
(2) Any H5 or H7 virus that does not meet the criteria in paragraph
(1) of this definition, but has an amino acid sequence at the
hemagglutinin cleavage site that is compatible with highly pathogenic
avian influenza viruses; or
(3) Any influenza virus that is not an H5 or H7 subtype and that
kills one to five chickens and grows in cell culture in the absence of
trypsin.
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.
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.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Pet bird. Any bird that is kept for personal pleasure and is not
for sale.
Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves,
pheasants, grouse, partridges, quail, guinea fowl, and pea fowl.
Secretary. The Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has been or
may be 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.
3. In Sec. 53.2, paragraph (b), the words ``lethal avian
influenza'' are removed and the words ``highly pathogenic avian
influenza'' are added in their place, and the words ``as referred to in
Sec. 82.2(a) of this chapter, and'' are removed.
PART 71--GENERAL PROVISIONS
4. The authority citation for part 71 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,
134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 71.3 [Amended]
5. In section 71.3, paragraph (a), the phrase ``psittacosis or
ornithosis'' is removed and ``chlamydiosis'' is added in its place.
Sec. 71.7 [Amended]
6. In Sec. 71.7, the heading is revised to read ``Means of
conveyance, facilities, premises, and cages and other equipment;
methods of cleaning and disinfecting.''
7. In Sec. 71.7, paragraph (c), the words ``and alleys'' are
removed and the words ``alleys, cages, and other equipment'' are added
in their place.
8. In Sec. 71.10, the section heading and paragraph (a)
introductory text are revised to read as follows:
Sec. 71.10 Permitted disinfectants.
(a) Disinfectants permitted for use on cars, boats, and other
vehicles, premises, and cages and other equipment are as follows:
* * * * *
PART 82--[AMENDED]
9. The authority citation for part 82 continues to read as follows:
Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a,
134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).
10. Part 82 is amended by revising the part heading, removing
subpart A, redesignating subpart B as subpart C, and adding new
subparts A and B to read as follows:
PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY
DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS
Subpart A--Exotic Newcastle Disease (END)
82.1 Definitions.
82.2 Criteria for determining birds or poultry to be infected with,
exposed to, or free from END.
82.3 Quarantined areas.
82.4 General provisions.
82.5 Interstate movement of live birds and live poultry from a
quarantined area.
82.6 Interstate movement of dead birds and dead poultry from a
quarantined area.
82.7 Interstate movement of manure and litter from a quarantined
area.
82.8 Interstate movement of eggs, other than hatching eggs, from a
quarantined area.
82.9 Interstate movement of hatching eggs from a quarantined area.
82.10 Interstate movement of vehicles, cages, coops, containers,
troughs, and other equipment from a quarantined area.
82.11 Issuance of permits.
82.12 Other interstate movements and special permits.
82.13 Denial and withdrawal of permits and special permits.
82.14 Removal of quarantine.
82.15 Replacement birds and poultry.
Subpart B--Chlamydiosis in Poultry
82.19 Definitions
82.20 General restrictions.
82.21 Vehicles, cages, coops, containers, troughs, and other
equipment used for infected poultry.
82.22 Cleaning and disinfecting premises.
82.23 Issuance of permits.
82.24 Other interstate movements and special permits.
82.25 Denial and withdrawal of permits and special permits.
Subpart A--Exotic Newcastle Disease (END)
Sec. 82.1 Definitions.
As used in connection with this subpart, the following terms shall
have the meaning set forth in this section.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Bird. Any member of the class aves other than poultry.
Dressed carcasses. Carcasses of birds or poultry that have been
eviscerated, with heads and feet removed.
END. Any velogenic Newcastle disease. END is an acute, rapidly
spreading, and usually fatal viral disease of birds and poultry.
Exposed. At risk of developing END because of association with
birds or poultry infected with END, excrement from birds or poultry
infected with END, or other material touched by birds or poultry
infected with END, or because there is reason to believe that
association has occurred with END or vectors of END, as determined by
either a Federal veterinarian or a State veterinarian.
Federal representative. An individual employed and authorized by
the Federal government to perform the tasks required by this subpart.
Federal veterinarian. A veterinarian employed and authorized by the
Federal government to perform the tasks required by this subpart.
Hatching eggs. Eggs in which birds or poultry are allowed to
develop.
[[Page 56884]]
Infected. Affected by the virus or bacterium that causes the
specified disease.
Interstate. From one State into or through any other State.
Known to be exposed. Determined by either a Federal veterinarian or
a State veterinarian to be at risk of developing END because of
association with birds or poultry infected with END, excrement from
birds or poultry infected with END, or other material touched by birds
or poultry infected with END, or because there is reason to believe
that association has occurred with END or vectors of END, as determined
by either a Federal veterinarian or a State veterinarian.
Known to be infected. Determined by either a Federal veterinarian
or a State veterinarian to be affected by the virus or bacterium that
causes the specified disease.
Litter. Material that is used to collect and absorb bodily wastes
from birds or poultry.
Moved. Shipped, transported or otherwise moved, or delivered or
received for movement, by any person.
Official seal. A serially numbered metal or plastic strip,
consisting of a self-locking device on one end and a slot on the other
end, that forms a loop when the ends are engaged and that cannot be
reused if opened, or a serially numbered, self-locking button that can
be used for this purpose.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Pet bird. Any bird that is kept for personal pleasure and is not
for sale.
Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
Recognized slaughtering establishment. Any slaughtering facility
operating under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or
State meat or poultry inspection acts.
Render. Reduce, convert, or melt down by heating to a temperature
of at least 230 deg.F so that oil is removed.
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 animal health official. The State official responsible for
livestock- and poultry-disease control and eradication programs.
State representative. An individual employed in animal health work
and authorized by a State or political subdivision of a State to
perform the tasks required by this subpart.
State veterinarian. A veterinarian employed and authorized by a
State or political subdivision of a State to perform the tasks required
by this subpart.
Veterinarian in charge. A Federal veterinarian employed by the
Animal and Plant Health Inspection Service and authorized by the
Administrator to supervise and manage the animal health work of the
Animal and Plant Health Inspection Service in a specified area of the
United States.
Sec. 82.2 Criteria for determining birds or poultry to be infected
with, exposed to, or free from END.
(a) The determination that birds or poultry are infected with END
must be made by either a Federal veterinarian or a State
veterinarian.1 They will base that determination on one or more of
the following factors: clinical evidence (signs, post-mortem lesions,
and history of the occurrence of END); diagnostic tests; 2 or
epidemiological evidence (evaluation of clinical evidence and the
degree of risk posed by the potential spread of END based on population
and exposure factors, including evaluation of whether the birds and
poultry have had the opportunity to be in contact with birds or poultry
infected with END or with excrement from birds or poultry infected with
END, or if the birds and poultry have shared feed or water with birds
or poultry infected with END).
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\1\ The location of Federal veterinarians and State
veterinarians may be obtained by writing to Emergency Programs,
Veterinary Services, Animal and Plant Health Inspection Service,
4700 River Road, Unit 41, Riverdale, MD 20737-1231, or by referring
to the local telephone book.
\2\ A copy of the protocols for END diagnostic tests may be
obtained by writing to Emergency Programs, Veterinary Services,
Animal and Plant Health Inspection Service, 4700 River Road Unit 41,
Riverdale, MD 20737-1231. The protocols are also found in
``Recommended Uniform Diagnostic Procedures,'' published by the
Committee of the American Association of Veterinary Laboratory
Diagnosticians.
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(b) The determination that birds or poultry are exposed to END must
be made by either a Federal veterinarian or a State veterinarian. They
will base that determination on an evaluation of all related
circumstances, including: the proximity of the birds or poultry to
birds or poultry infected with END, to excrement from birds or poultry
infected with END, and to other material touched by birds or poultry
infected with END; the number of birds or poultry infected with END to
which the birds or poultry were exposed; the species involved; the
virulence of the END to which the birds or poultry were exposed; and
the length of time the birds or poultry were in contact with birds or
poultry infected with END, and to material touched by birds or poultry
infected with END. Birds or poultry determined to be exposed to END
will continue to be treated as exposed unless they are subsequently
determined to be infected with END or until either a Federal
veterinarian or a State veterinarian finds them to be free of END based
on one or more of the factors listed in paragraph (a) of this section.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.3 Quarantined areas.
(a) Any area where birds or poultry infected with END are located
will be designated as a quarantined area. A quarantined area is any
geographical area, which may be a premises or all or part of a State,
deemed by epidemiological evaluation to be sufficient to contain all
birds or poultry known to be infected with or exposed to END. Less than
an entire State will be designated as a quarantined area only if the
State enforces restrictions on intrastate movements from the
quarantined area that are at least as stringent as this subpart.
(b) Any area designated as a quarantined area because of END will
remain designated as a quarantined area until all of the requirements
of Sec. 82.14 have been met.
(c) The following areas are quarantined because of END: (Currently,
no areas are quarantined because of END.)
Sec. 82.4 General provisions.
(a) Prohibitions. The following articles may not be moved
interstate from a quarantined area:
(1) Dead birds and dead poultry, including any parts of the birds
or poultry, that are infected with END, or are from a flock of birds or
poultry infected with END;
(2) Litter used by or manure generated by birds or poultry, or a
flock of birds or poultry, infected with END;
(3) Any eggs from birds or poultry, or a flock of birds or poultry,
infected with END;
(4) Hatching eggs from flocks of birds or poultry exposed to END;
and
(5) Live birds or live poultry from flocks infected with or exposed
to END.
(b) Restrictions. The following articles may be moved interstate
from a quarantined area only in accordance with this subpart:
(1) Live birds or live poultry not known to be infected with or
exposed to END;
[[Page 56885]]
(2) Dressed carcasses of birds and poultry, and other dead birds
and dead poultry, including any parts of the birds or poultry, that are
not known to be infected with END;
(3) Litter used by or manure generated by birds or poultry not
known to be infected with END;
(4) Eggs, other than hatching eggs, from birds or poultry from
flocks not known to be infected with END;
(5) Hatching eggs from birds or poultry not known to be infected
with or exposed to END; and
(6) Cages, coops, containers, troughs, vehicles, or other equipment
used for birds, poultry, eggs, manure, or litter.
(c) Exceptions. This subpart does not apply to the interstate
movement of birds, poultry, or other articles from a quarantined area
if the interstate movement is made by the United States Department of
Agriculture for purposes of research or diagnosis.
Sec. 82.5 Interstate movement of live birds and live poultry from a
quarantined area.
(a) Pet birds. An individual may move his or her pet birds
interstate from a quarantined area if the birds are not known to be
infected with or exposed to END and:
(1) The birds are accompanied by a permit obtained in accordance
with Sec. 82.11;
(2) Epidemiological evidence, as described in Sec. 82.2(a),
indicates that the birds are not infected with any communicable
disease;
(3) The birds show no clinical signs of sickness (such as diarrhea,
nasal discharge, ocular discharge, ruffled feathers, or lack of
appetite) during the 90 days before interstate movement;
(4) The birds have been maintained apart from other birds and
poultry in the quarantined area during the 90 days before interstate
movement;
(5) The birds have been under the ownership and control of the
individual to whom the permit is issued for the 90 days before
interstate movement;
(6) The birds are moved interstate by the individual to whom the
permit is issued;
(7) The birds are caged while being moved interstate;
(8) The individual to whom the permit is issued maintains ownership
and control of the birds and maintains them apart from other birds and
poultry from the time they arrive at the place to which the individual
is taking them until a Federal representative or State representative
3 examines the birds and determines that the birds show no
clinical signs of END. The examination will not be less than 30 days
after the interstate movement;
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\3\ The location of Federal representatives and State
representatives may be obtained by writing to Emergency Programs,
Veterinary Services, Animal and Plant Health Inspection Service,
4700 River Road Unit 41, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------
(9) The individual to whom the permit is issued allows Federal
representatives and State representatives to examine the birds at any
time until they are declared free of END by either a Federal
veterinarian or a State veterinarian;
(10) Within 24 hours of a bird's dying or showing clinical signs of
sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled
feathers, or lack of appetite), the individual to whom the permit is
issued notifies the veterinarian in charge or the State animal health
official 4 in the State to which the birds are moved; and
---------------------------------------------------------------------------
\4\ The location of the veterinarian in charge or the State
animal health official may be obtained by writing to Emergency
Programs, Veterinary Services, Animal and Plant Health Inspection
Service, 4700 River Road Unit 41, Riverdale, MD 203/737-1231, or by
referring to the local telephone book.
---------------------------------------------------------------------------
(11) The individual to whom the permit is issued submits copies of
the permit so that a copy is received by the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the birds at the destination listed
on the permit.
(b) Other birds and poultry. Except as provided for pet birds in
paragraph (a) of this section, a person may move live birds and live
poultry that are not known to be infected with or exposed to END
interstate from a quarantined area only if:
(1) The birds and poultry are accompanied by a permit obtained in
accordance with Sec. 82.11;
(2) The birds or poultry are covered in such a way as to prevent
feathers and other debris from blowing or falling off the means of
conveyance;
(3) The birds or poultry are moved in a means of conveyance either
under official seal or are accompanied by a Federal representative;
(4) Except for emergencies, the birds or poultry are not unloaded
until their arrival at the destination listed on the permit required by
paragraph (b)(1) of this section;
(5) If poultry, the poultry are moved interstate to a recognized
slaughtering establishment 5 and are slaughtered within 24 hours
of arrival at the recognized slaughtering establishment;
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\5\ A list of recognized slaughtering establishments in any
State may be obtained from a Federal representative, the State
animal health official, or a State representative.
---------------------------------------------------------------------------
(6) If birds other than poultry, the birds are moved to a site
approved by the Administrator; and
(7) The permit required by paragraph (b)(1) of this section is
presented upon arrival at the recognized slaughtering establishment or
approved site to a State representative or Federal representative.
Copies of the permit must also be submitted so that a copy is received
by the State animal health official and the veterinarian in charge for
the State of destination within 72 hours of arrival at the recognized
slaughtering establishment.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.6 Interstate movement of dead birds and dead poultry from a
quarantined area.
(a) Except as provided in paragraph (b) of this section for dressed
carcasses, dead birds and dead poultry, including any parts of the
birds and poultry, that are not known to be infected with END may be
moved interstate from a quarantined area only if:
(1) The dead birds and dead poultry are accompanied by a permit
obtained in accordance with Sec. 82.11;
(2) The dead birds and dead poultry are covered in such a way as to
prevent feathers and other debris from blowing or falling off the means
of conveyance;
(3) The dead birds and dead poultry are moved in a means of
conveyance either under official seal or accompanied by a Federal
representative;
(4) The dead birds and dead poultry are not unloaded until their
arrival at the destination listed on the permit required by paragraph
(a)(1) of this section;
(5) The dead birds and dead poultry are moved, without stopping, to
the destination listed on the permit required by paragraph (a)(1) of
this section, except for normal traffic conditions, such as traffic
lights and stop signs;
(6) The dead birds and dead poultry are disposed of, within 24
hours after being loaded for interstate movement, by burial or
composting in accordance with the procedures set forth in
Sec. 82.14(c)(1) and (c)(2), or by rendering, incineration, or other
means approved by the Administrator as being adequate to prevent the
dissemination of END; and
(7) Copies of the permit accompanying the dead birds and dead
poultry interstate are submitted so that a copy is received by the
State animal health official and the veterinarian in charge for the
State of destination within 72 hours of the arrival of the dead birds
and dead poultry at the
[[Page 56886]]
destination listed on the permit required by paragraph (a)(1) of this
section.
(b) Dressed carcasses from birds and poultry that are not known to
be infected with END may be moved interstate from a quarantined area
only if:
(1) The dressed carcasses are from birds or poultry that were
slaughtered in a recognized slaughtering establishment; 6
---------------------------------------------------------------------------
\6\ See footnote 5 to Sec. 82.5.
---------------------------------------------------------------------------
(2) The dressed carcasses are accompanied by a permit obtained in
accordance with Sec. 82.11;
(3) The dressed carcasses are moved in a means of conveyance either
under official seal or accompanied by a Federal representative;
(4) The dressed carcasses are not unloaded until their arrival at
the destination listed on the permit required by paragraph (b)(2) of
this section;
(5) The dressed carcasses are moved, without stopping, to the
destination listed on the permit required by paragraph (b)(2) of this
section, except for normal traffic conditions, such as traffic lights
and stop signs; and
(6) Copies of the permit accompanying the dressed carcasses
interstate are submitted so that a copy is received by the State animal
health official and the veterinarian in charge for the State of
destination within 72 hours of the arrival of the dressed carcasses at
the destination listed on the permit required by paragraph (b)(2) of
this section.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.7 Interstate movement of manure and litter from a quarantined
area.
Manure generated by and litter used by birds or poultry not known
to be infected with END may be moved interstate from a quarantined area
only if:
(a) The manure and litter is accompanied by a permit obtained in
accordance with Sec. 82.11;
(b) The manure and litter has been heated throughout, in the
quarantined area, to a temperature of not less than 175 deg.F (79.4
deg.C), and then placed either in a previously unused container or in a
container that has been cleaned and disinfected, since last being used,
in accordance with part 71 of this chapter;
(c) The declaration or affidavit required by Sec. 82.11(b) lists
the location of the poultry or birds that generated the manure or used
the litter, and the name and address of the owner of the poultry or
birds that generated the manure or used the litter; and
(d) Copies of the permit accompanying the manure and litter
interstate are submitted so that a copy is received by the State animal
health official and the veterinarian in charge for the State of
destination within 72 hours of the arrival of the manure and litter at
the destination listed on the permit.
Sec. 82.8 Interstate movement of eggs, other than hatching eggs, from
a quarantined area.
(a) Eggs, other than hatching eggs, from birds or poultry from
flocks not known to be infected with END may be moved interstate from a
quarantined area only if:
(1) The eggs are accompanied by a permit obtained in accordance
with Sec. 82.11;
(2) The eggs have been cleaned and sanitized in accordance with 7
CFR part 59;
(3) The eggs are packed either in previously unused flats or cases
or in used plastic flats or cases that were cleaned and disinfected,
since last being used, in accordance with part 71 of this chapter;
(4) The eggs are moved to a facility where they are examined to
ensure they have been cleaned and sanitized in accordance with
paragraph (a)(2) of this section; and
(5) Copies of the permit accompanying the eggs interstate are
submitted so that a copy is received by both the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the eggs at the facility.
(b) Any flats or cases intended for reuse after being used to move
eggs interstate to a facility under this section must be cleaned and
disinfected in accordance with part 71 of this chapter before being
moved to a premises where birds or poultry are kept.
Sec. 82.9 Interstate movement of hatching eggs from a quarantined
area.
Hatching eggs from birds or poultry not known to be infected with
or exposed to END may be moved interstate from a quarantined area only
if:
(a) The hatching eggs are accompanied by a permit obtained in
accordance with Sec. 82.11;
(b) Copies of the permit accompanying the hatching eggs are
submitted so that a copy is received by both the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the hatching eggs at the premises
described in paragraph (c) of this section; and
(c) The hatching eggs are held in the State of destination at a
premises designated jointly by the veterinarian in charge and the State
animal health official from the time of arrival until hatch and the
birds and poultry hatched from the eggs are held at the designated
premises for not less than 30 days following hatch. During this holding
period, the eggs and any birds or poultry hatched from the eggs are
subject to any inspections, disinfections, and tests as may be required
by the Administrator to determine their freedom from END.
Sec. 82.10 Interstate movement of vehicles, cages, coops, containers,
troughs, and other equipment from a quarantined area.
(a) This section does not apply to cages, coops, or other
containers or equipment used by or to move pet birds moved interstate
in accordance with Sec. 82.5(a).
(b) Vehicles, cages, coops, containers, troughs, and other
equipment that have held or that have otherwise been used in a
quarantined area in the handling of birds or poultry or their eggs, or
for manure generated by or litter used by the birds or poultry, may be
moved interstate from a quarantined area only in accordance with the
following conditions:
(1) They are made of hard plastic or metal, and the other
conditions of this section are met; or
(2) They are made of a disposable material, such as cardboard,
fiber, or waxed cardboard, are previously unused, and are disposed of
by incineration without being reused after being moved interstate.
(c) Before moving interstate any vehicles, cages, coops,
containers, troughs, or other equipment described in paragraph (b)(1)
of this section, and after using these items to move birds, poultry,
eggs, manure, or litter interstate from a quarantined area, the
vehicles, cages, coops, containers, troughs, and other equipment must
be cleaned and disinfected in accordance with paragraphs (c)(1) through
(c)(5) of this section:
(1) Clean and disinfect the vehicles, cages, coops, containers,
troughs, and other equipment at the place where the birds, poultry,
eggs, manure, and litter are unloaded or where the equipment is used,
no more than 2 hours after the birds, poultry, eggs, manure, and litter
are unloaded or the equipment is used;
(2) Clean the items in accordance with part 71 of this chapter;
(3) Have a Federal representative or State representative 7
inspect the items after they have been cleaned;
---------------------------------------------------------------------------
\7\ See footnote 3 to Sec. 82.5.
---------------------------------------------------------------------------
[[Page 56887]]
(4) Disinfect the items in the presence of a Federal representative
or State representative; and
(5) Disinfect the items in accordance with part 71 of this chapter
and by using a disinfectant as specified in part 71 of this chapter.
(d) If the place where the cleaning and disinfection would
otherwise be required has no facilities for cleaning and disinfecting,
the items may be moved to a place where facilities are available for
cleaning and disinfecting, provided a Federal representative or State
representative has determined that such movement will not cause a risk
of the spread of END.
(e) Vehicles, cages, coops, containers, troughs, and other
equipment that are moved interstate under this section must be
accompanied by a permit obtained in accordance with Sec. 82.11, and
copies of the permit accompanying the vehicles, cages, coops,
containers, troughs, and other equipment interstate must be submitted
so that a copy is received by the State animal health official and the
veterinarian in charge 8 for the State of destination within 72
hours of the arrival of the vehicles, cages, coops, containers,
troughs, and other equipment at the destination listed on the permit.
---------------------------------------------------------------------------
\8\ See footnote 4 of Sec. 82.5.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.11 Issuance of permits.
(a) Application for the permits required by this subpart to move
interstate from a quarantined area birds, eggs, poultry, or other items
requiring a permit under this part must be in writing. The application
must be submitted to a Federal representative or State representative
and must include the following:
(1) The applicant's name and mailing address;
(2) The name and mailing address of the person who will receive the
birds, eggs, poultry, or other items;
(3) The addresses of both the origin and destination of the birds,
eggs, poultry, or other items;
(4) The number and types of birds, poultry, eggs, and other items
intended for interstate movement; and
(5) The reason for the interstate movement.
(b) In addition to the information required by paragraph (a) of
this section, to obtain permits to move birds, poultry, eggs, manure,
litter, cages, coops, containers, troughs, vehicles or other equipment
interstate from a quarantined area, an applicant for a permit must
submit to a Federal representative or State representative a
declaration or affidavit listing the requirements of Sec. 82.5 for live
birds or live poultry, Sec. 82.6 for dead birds and dead poultry,
Sec. 82.7 for litter or manure, Sec. 82.8 for eggs other than hatching
eggs, Sec. 82.9 for hatching eggs, or Sec. 82.10 for cages, coops,
containers, troughs, vehicles, and other equipment, and stating that
the applicant will move the items interstate only if all of the listed
requirements are met.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.12 Other interstate movements and special permits.
(a) A special permit is required for the interstate movement of
birds, poultry, or other items whose movement is restricted under this
subpart, from a quarantined area in a manner or to a destination other
than is specifically prescribed by this subpart, under special
conditions determined by the Administrator to be necessary to prevent
the dissemination of END. A special permit is required for the disposal
of dead birds or dead poultry that are infected with END, or dead birds
or dead poultry from flocks infected with END, or manure generated by
or eggs from birds or poultry infected with END, in a manner other than
is specifically prescribed in this subpart, and for cleaning and
disinfection carried out in a manner other than is specifically
prescribed in this subpart, under special conditions determined by the
Administrator to be necessary to prevent the dissemination of END. To
apply for a special permit, contact the veterinarian in charge 9
for the State in which the birds, poultry, or other items are located.
The Administrator may, at his or her discretion, issue special permits
if he or she determines that the activity authorized will not result in
the interstate dissemination of END.
---------------------------------------------------------------------------
\9\ See footnote 4 to Sec. 82.5.
---------------------------------------------------------------------------
(b) The special permit will list the name and address of the person
to whom the special permit is issued, and the special conditions under
which the interstate movement, disposal, or cleaning and disinfection
may be carried out.
(1) For an interstate movement, the special permit will also
include the following:
(i) The name and mailing address of the person who will receive the
birds, poultry, or other items;
(ii) The addresses of both the origin and destination of the birds,
poultry, or other items;
(iii) The number and type of birds, poultry, or other items to be
moved interstate; and
(iv) The reason for the interstate movement.
(2) For destruction or cleaning and disinfection, the special
permit will also include the following:
(i) The address of the place where the dead birds, dead poultry,
manure, or eggs are located; and
(ii) The number and type of birds, poultry, or other items
involved.
(c) For an interstate movement, a copy of the special permit must
accompany the items moved, and copies must be submitted so that a copy
is received by the State animal health official and the veterinarian in
charge for the State of destination within 72 hours of the arrival of
the birds, poultry, or other items at the destination listed on the
special permit. (Approved by the Office of Management and Budget under
control number 0579-0116)
Sec. 82.13 Denial and withdrawal of permits and special permits.
(a) Denial. If the Administrator determines that the applicant for
a permit or special permit is not complying with or could not comply
with this subpart or any special conditions needed to prevent the
dissemination of END, or, in the case of a special permit, that the
special permit is not required under this subpart, the Administrator
may deny the request for a permit or special permit. If the request is
denied, the Administrator will send the applicant a written notice
explaining why the permit or special permit was denied.
(b) Withdrawal. The Administrator may withdraw a permit or special
permit, orally or in writing, if he or she determines the person to
whom the permit or special permit has been issued is violating either
this subpart or some condition specified in the permit or special
permit. The Administrator may withdraw the permit or special permit
without advance notice if he or she determines that the person to whom
the permit or special permit has been issued is violating either this
subpart or some condition specified in the permit or special permit in
a way that threatens the public health, interest, or safety. The
Administrator will send the person to whom the permit or special permit
has been issued a written explanation of why the permit or special
permit is to be or was withdrawn.
(c) Appeals. Denial or withdrawal of a permit or special permit may
be appealed to the Administrator within 10 days after receipt of the
written notice of denial or withdrawal. The appeal
[[Page 56888]]
must be in writing 10 and must state all of the facts and reasons
upon which the person relies to show that the permit or special permit
was wrongfully denied or withdrawn. The Administrator will grant or
deny the appeal, in writing, explaining all of the reasons for the
decision, as promptly as circumstances allow. In cases where there is a
conflict as to any material fact, the person denied a permit or special
permit, or from whom a permit or special permit is withdrawn, shall be
given an opportunity for a hearing with respect to the merits of the
validity of the denial or withdrawal in accordance with rules of
practice adopted for the proceeding.
---------------------------------------------------------------------------
\10\ Written appeals should be sent to the Administrator, c/o
Emergency Programs, Veterinary Services, Animal and Plant Health
Inspection Service, 4700 River Road, Riverdale, MD 20737-1231.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.14 Removal of quarantine.
An area will be removed from quarantine only when all of the
following requirements have been met:
(a) All birds and poultry exposed to END in the quarantined area
have been found to be free of END;
(b) All birds and poultry infected with END in the quarantined area
have been euthanized;
(c) All birds and poultry, including any parts of the birds and
poultry, euthanized in accordance with paragraph (b) of this section,
and all birds and poultry in the quarantined area, including any parts
of the birds and poultry, that died from any cause other than
slaughter, have been buried, reduced to ashes by incineration,
rendered, or reduced to dust by composting:
(1) If the birds and poultry are buried, all birds and poultry
infected with END must be buried in the quarantined area. The birds and
poultry must be buried in a location that meets all United States
Environmental Protection Agency, State, and local requirements for
landfills. They must be buried at least 6 feet deep and be covered at
the time of burial with soil; and
(2) If the birds and poultry are composted, all birds and poultry
infected with END must be composted in the quarantined area. The birds
and poultry must be composted according to the following instructions:
(i) Place a 1-foot layer of litter and manure in a free-standing
composter bin, unless the compost pile will be covered in accordance
with paragraph (c)(2)(ii) of this section. Add a 6-inch layer of straw,
peanut hulls, or wood chips. Add a layer of dead birds or dead poultry,
leaving 6 inches between the carcasses and the bin walls. Add water
sparingly and cover with 6 inches of a dry mixture of litter and
manure. Repeat the layering process two more times and cap with a
double layer of dry manure cake. After the bin is capped off and
covered, monitor the temperature in the compost pile daily, using a 36-
inch probe-type thermometer. The temperature of the compost pile must
reach at least 140 deg.F. After 30 days from the date the compost pile
is created, turn over to aerate the entire mixture. Allow mixture to
reach at least 140 deg.F once again. After completion of the second
cycle, the mixture must remain covered with any material that prevents
penetration of air and moisture until spread or otherwise utilized. The
composted material may not be spread or otherwise utilized until at
least 30 days following completion of the second heating cycle.
(ii) Composting of birds and poultry may be accomplished outside of
covered bins by following the layering and temperature requirements set
forth in paragraph (c)(2)(i) of this section, then covering the compost
pile with tarpaulins or 6-mm polyethylene sheets anchored with tires or
straw bales. The mixture must be kept moist. The final product may not
be spread or otherwise utilized until at least 30 days following
completion of the second heating cycle.
(iii) Composting of birds and poultry must be carried out at least
50 yards from any building or pen where poultry and birds are housed
and be inaccessible to birds and poultry. Composted material may not be
commingled with, or otherwise be brought into contact with, non-
composted manure cake;
(d) All eggs produced by birds or poultry infected with or exposed
to END in the quarantined area have been buried, reduced to ashes by
incineration, or rendered. If the eggs are buried, the eggs must be
buried in the quarantined area in a location that meets all United
States Environmental Protection Agency requirements and all State and
local requirements for landfills. The eggs must be buried at least 6
feet deep and be covered at the time of burial with soil;
(e) All manure generated by or litter used by birds or poultry
infected with or exposed to END in the quarantined area has been
reduced to ashes by incineration, or has been buried, composted, or
spread on a field and turned under, as follows:
(1) Burial. If the manure or litter is buried, the manure and
litter must be buried at least 6 feet deep and covered at the time of
burial with soil. The manure and litter must be buried in the
quarantined area in a location that meets all United States
Environmental Protection Agency and State and local requirements for
landfills;
(2) Composting. If the manure and litter is composted, the manure
and litter must be composted in the quarantined area according to the
following method: Place the manure and litter in rows 3 to 5 feet high
and 5 to 10 feet at the base. The area where the manure, litter, and
other material used in composting are placed must be such that there is
no runoff from the composted material out of the area, no saturation
into the ground, and no moisture, except for that required by this
paragraph, onto the composted material from above. The composting area
must be at least 50 yards from any building or pen where birds or
poultry are housed and be inaccessible to birds and poultry. The manure
and litter must be mixed so as to attain a carbon to nitrogen ratio of
approximately 30:1, a moisture content of between 40 to 50 percent, and
a supply of oxygen to the composted material. If a carbon source other
than manure or litter is needed, wood chips, straw, or peanut hulls may
be used. The manure and litter must be covered with tarpaulin or 6-mm
polyethylene sheets, be anchored with tires or straw bales, and be
mixed to ensure adequate ventilation every 10 to 15 days. The composted
material must rise to a temperature of 140 deg.F, as determined by use
of a 36-inch probe-type thermometer. The composted material may not be
spread or otherwise utilized for at least 30 days from the time the 140
deg.F temperature is reached; and
(3) Spreading and turning under. Spreading and turning under of
manure or litter may be used as a means of disposal only if carried out
under the direct supervision of a Federal representative or a State
representative. If the manure or litter is spread on a field and turned
under, the field must be in the quarantined area, at least 50 yards
away from any building or pen where poultry or birds are housed, and
inaccessible to birds and poultry. The manure or litter must be turned
under within 24 hours of being spread on the field, and the field must
be left undisturbed for at least 30 days;
(f) All vehicles with which the birds or poultry infected with or
exposed to END or their excrement or litter have had physical contact
have been cleaned and disinfected in accordance with part 71 of this
chapter. The vehicles have been inspected after cleaning, and before
disinfection, by a Federal representative or State representative,
[[Page 56889]]
and then have been disinfected in the presence of a Federal
representative or State representative with a disinfectant listed in
part 71 of this chapter;
(g) All cages, coops, containers, troughs, and other equipment used
for birds or poultry infected with or exposed to END, or their
excrement or litter have been reduced to ashes by incineration, or have
been cleaned and disinfected in accordance with part 71 of this
chapter. The items must be inspected after cleaning, and before
disinfection, by a Federal representative or State representative, and
then must be disinfected in the presence of a Federal representative or
State representative, with a disinfectant listed in part 71 of this
chapter; and
(h) The premises where birds or poultry infected with or exposed to
END were located have been cleaned and disinfected in accordance with
part 71 of this chapter. The premises have been inspected after
cleaning, and before disinfection, by a Federal representative or State
representative, and then have been disinfected in the presence of a
Federal representative or State representative with a disinfectant
listed in part 71 of this chapter.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.15 Replacement birds and poultry.
Birds and poultry that have been destroyed because of a quarantine
for END may not be replaced by birds or poultry moved interstate into
the quarantined area until the Administrator decides that END has been
eradicated and that replacement birds or poultry will not become
infected with END.
Subpart B--Chlamydiosis in Poultry
Sec. 82.19 Definitions.
As used in connection with this subpart, the following terms shall
have the meaning set forth in this section.
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with part 161 of this chapter to perform
functions specified in subchapters B, C, and D of this chapter.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Bird. Any member of the class aves other than poultry.
Chlamydiosis. A contagious bacterial disease of birds and poultry,
characterized by respiratory and systemic infection. The disease is
also known as psittacosis in psittacine birds and as ornithosis in
poultry.
Federal representative. An individual employed and authorized by
the Federal government to perform the tasks required by this subpart.
Federal veterinarian. A veterinarian employed and authorized by the
Federal government to perform the tasks required by this subpart.
Infected. Affected by the virus or bacterium that causes the
specified disease.
Interstate. From one State into or through any other State.
Moved. Shipped, transported or otherwise moved, or delivered or
received for movement, by any person.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
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 animal health official. The State official responsible for
livestock- and poultry-disease control and eradication programs.
State representative. An individual employed in animal health work
and authorized by a State or political subdivision of a State to
perform the tasks required by this subpart.
Veterinarian in charge. A Federal veterinarian employed by the
Animal and Plant Health Inspection Service and authorized by the
Administrator to supervise and manage the animal health work of the
Animal and Plant Health Inspection Service in a specified area of the
United States.
Sec. 82.20 General restrictions.
The following items may not be moved interstate:
(a) Live poultry infected with chlamydiosis;
(b) Dead poultry that were infected with chlamydiosis when they
died, and parts of dead poultry that were infected with chlamydiosis
when they died; and
(c) Offal from poultry infected with chlamydiosis.
Sec. 82.21 Vehicles, cages, coops, containers, troughs, and other
equipment used for infected poultry.
(a) Before moving vehicles, cages, coops, containers, troughs, and
other equipment interstate that have held or have otherwise been used
in the handling of poultry infected with chlamydiosis, and after using
these items to move poultry infected with chlamydiosis interstate, the
vehicles, cages, coops, containers, troughs, and other equipment must
be cleaned and disinfected in accordance with paragraphs (a)(1) through
(a)(5) of this section:
(1) Clean and disinfect the vehicles, cages, coops, containers,
troughs, and other equipment at the place where the poultry are
unloaded or where the equipment is used, no more than 2 hours after the
poultry infected with chlamydiosis are unloaded or the equipment is
used;
(2) Clean the items in accordance with part 71 of this chapter;
(3) Have a Federal representative, State representative,1 or
an accredited veterinarian, inspect the items after they have been
cleaned;
---------------------------------------------------------------------------
\1\ See footnote 3 to Sec. 82.5.
---------------------------------------------------------------------------
(4) Disinfect the items in the presence of a Federal
representative, State representative, or an accredited veterinarian;
and
(5) Disinfect the items in accordance with part 71 of this chapter
and by using a disinfectant as specified in part 71 of this chapter.
(b) If the place where the cleaning and disinfection would
otherwise be required has no facilities for cleaning and disinfecting,
the items may be moved to a place where facilities are available for
cleaning and disinfecting, provided a Federal representative or State
representative has determined that such movement will not cause a risk
of the spread of chlamydiosis.
(c) Vehicles, cages, coops, containers, troughs, and other
equipment moved interstate under this section must be accompanied by a
permit obtained in accordance with Sec. 82.23, and copies of the permit
accompanying the vehicles, cages, coops, containers, troughs, and other
equipment interstate must be submitted so that a copy is received by
both the State animal health official and the veterinarian in charge
2 for the State of destination within 72 hours of the arrival of
the vehicles, cages, coops, containers, troughs, and other equipment at
the destination listed on the permit.
---------------------------------------------------------------------------
\2\ See footnote 4 to Sec. 82.5.
(Approved by the Office of Management and Budget under control
numbers 0579-0116 and 0579-0032)
[[Page 56890]]
Sec. 82.22 Cleaning and disinfecting premises.
Premises that contained poultry that were infected with
chlamydiosis must be cleaned and disinfected in accordance with this
section before any poultry are moved interstate onto the premises.
(a) The premises must be cleaned in accordance with part 71 of this
chapter;
(b) After being cleaned, the premises must be inspected by a
Federal representative, State representative, or an accredited
veterinarian; and
(c) After being inspected, the premises must be disinfected in the
presence of a Federal representative, State representative, or an
accredited veterinarian, in accordance with part 71 of this chapter,
using a disinfectant listed in part 71 of this chapter.
(Approved by the Office of Management and Budget under control
numbers 0579-0116 and 0579-0032)
Sec. 82.23 Issuance of permits.
(a) Application for the permit required by this subpart to move
vehicles, cages, coops, containers, troughs, or other equipment
interstate must be in writing, and must be submitted to a Federal
representative or State representative. The application must include
the following:
(1) The applicant's name and mailing address;
(2) The name and mailing address of the person who will receive the
items;
(3) The addresses of both the origin and destination of the items;
(4) The number and types of items intended for interstate movement;
and
(5) The reason for the interstate movement.
(b) Exceptions. This subpart does not apply to the interstate
movement of poultry, vehicles, cages, coops, containers, troughs, or
other equipment or material if the interstate movement is made by the
United States Department of Agriculture for the purposes of research or
diagnosis.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.24 Other interstate movements and special permits.
(a) A special permit is required for the interstate movement of
items whose movement interstate is restricted under this subpart in a
manner or to a destination other than is specifically prescribed by
this subpart. A special permit is required for the disinfection of
vehicles, premises, cages, coops, containers, troughs, and other
equipment by a method other than is specifically prescribed by this
subpart. To apply for a special permit, contact the veterinarian in
charge for the State in which the items are located. The Administrator
may, at his or her discretion, issue special permits if he or she
determines the activity authorized will not increase the risk of
spreading chlamydiosis interstate.
(b) The special permit will list the name and address of the person
to whom the special permit is issued, and the special conditions under
which the interstate movement, or cleaning and disinfection, may be
carried out.
(1) For an interstate movement, the special permit will also
include the following:
(i) The name and mailing address of the person who will receive the
items;
(ii) The addresses of both the origin and destination of the items;
(iii) The number and type of items to be moved interstate; and
(iv) The reason for the interstate movement.
(2) For cleaning and disinfection, the special permit will also
include the following:
(i) The address of the place where the items are located; and
(ii) The number and type of items involved.
(c) For an interstate movement, a copy of the special permit must
accompany the items moved, and copies must be submitted so that a copy
is received by both the State animal health official and the
veterinarian in charge for the State of destination within 72 hours of
the arrival of the items at the destination listed on the special
permit.
(Approved by the Office of Management and Budget under control
number 0579-0116)
Sec. 82.25 Denial and withdrawal of permits and special permits.
(a) Denial. If the Administrator determines that the applicant for
a permit or special permit is not complying with or could not comply
with this subpart or any special conditions needed to prevent the
spread of chlamydiosis, or, in the case of a special permit, that the
special permit is not required under this subpart, the Administrator
may deny the request for a permit or special permit. If the request is
denied, the Administrator will send the applicant a written notice
explaining why the permit or special permit was denied.
(b) Withdrawal. The Administrator may withdraw a permit or special
permit, orally or in writing, if he or she determines the person to
whom the permit or special permit has been issued is violating either
this subpart or some condition specified in the permit or special
permit. The Administrator may withdraw the permit or special permit
without advance notice if he or she determines that the person to whom
the permit or special permit has been issued is violating either this
subpart or some condition specified in the permit or special permit in
a way that threatens the public health, interest, or safety. The
Administrator will send the person to whom the permit or special permit
has been issued a written explanation of why the permit or special
permit is to be or was withdrawn.
(c) Appeals. Denial or withdrawal of a permit or special permit may
be appealed to the Administrator within 10 days after receipt of the
written notice of denial or withdrawal. The appeal must be in writing
3 and must state all of the facts and reasons upon which the
person relies to show that the permit or special permit was wrongfully
denied or withdrawn. The Administrator will grant or deny the appeal,
in writing, explaining all of the reasons for the decision, as promptly
as circumstances allow. In cases where there is a conflict as to any
material fact, the person denied a permit or special permit, or from
whom a permit or special permit is withdrawn, shall be given an
opportunity for a hearing with respect to the merits or validity of the
denial or withdrawal in accordance with rules of practice adopted for
the proceeding.
---------------------------------------------------------------------------
\3\ See footnote 10 to Sec. 82.13.
(Approved by the Office of Management and Budget under control
number 0579-0116)
PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
11. The authority citation for part 92 continues to read as
follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
PART 92--AMENDED
12. The heading for part 92 is revised to read as set forth above:
Sec. 92.101 [Amended]
13. Section 92.101 is amended as follows:
a. In paragraph (c)(3)(i), the term ``ornithosis'' is removed and
the term ``chlamydiosis'' is added in its place.
b. In paragraph (g)(2), the words ``velogenic viscerotropic
Newcastle disease (VVND)'' are removed and the words ``exotic Newcastle
disease (END)'' are added in their place;
c. The term ``VVND'' is removed and the term ``END'' is added in
its place in the following places:
i. Footnote 7 to paragraph (g)(2);
[[Page 56891]]
ii. Paragraph (g)(3), each time it appears; and
iii. Paragraph (g)(4).
Sec. 92.104 [Amended]
14. Section 92.104 is amended by removing the word ``ornithosis''
and adding the word ``chlamydiosis'' in its place, in the following
places:
(a) Paragraph (b)(2);
(b) Paragraph (b)(3);
(c) Paragraph (c)(3);
(d) Paragraph (c)(4);
(e) Paragraph (d)(3); and
(f) Paragraph (d)(4).
Sec. 92.106 [Amended]
15. In Sec. 92.106, paragraph (c)(5)(iii), Cooperative and Trust
Fund Agreement Between __________ (Name of Reporter) and the United
States Department of Agriculture, Animal and Plant Health Inspection
Service, is amended as follows:
a. In paragraph (A)(17), the words ``velogenic viscerotropic
Newcastle disease'' are removed and the words ``exotic Newcastle
disease'' are added in their place; and
b. The term ``VVND'' is removed and the term ``END'' is added in
its place in the following places:
i. Paragraph (B)(4); and
ii. Paragraph (B)(5).
Sec. 92.209 [Amended]
16. In Sec. 92.209, paragraph (a)(2) is redesignated as paragraph
(b) and is amended by removing the words ``viscerotropic velogenic
Newcastle disease'' and adding in their place the words ``exotic
Newcastle disease'', and the paragraph designative (1) is removed in
paragraph (a).
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG
CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS.
17. The authority citation for part 94 continues to read as
follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.22, 2.80, and 371.2(d).
PART 94--AMENDED
18. The heading for part 94 is revised to read as set forth above.
19. In Sec. 94.0, the definition of Exotic Newcastle disease (VVND)
is removed and a definition of Exotic Newcastle disease (END) is added,
in alphabetical order, to read as follows:
Sec. 94.0 Definitions.
* * * * *
Exotic Newcastle disease (END). Any velogenic Newcastle disease.
Exotic Newcastle disease is an acute, rapidly spreading, and usually
fatal viral disease of birds and poultry.
* * * * *
Sec. 94.6 [Amended]
20. Section 94.6 is amended as follows:
a. The term ``VVND'' is removed and the term ``END'' is added in
its place in the following places:
i. The heading;
ii. Paragraph (a) introductory text;
iii. Paragraph (a)(1);
iv. Paragraph (a)(2);
v. Paragraph (c) introductory text, each time it appears;
vi. Paragraph (d) introductory text, each time it appears;
vii. Paragraph (d)(1)(ix) introductory text;
viii. Paragraph (d)(1)(ix)(A);
ix. Paragraph (d)(1)(ix)(B);
x. Paragraph (d)(1)(ix)(C) introductory text;
xi. Paragraph (d)(1)(ix)(C)(1);
xii. Paragraph (d)(1)(ix)(C)(2), each time it appears;
xiii. Paragraph (d)(2);
xiv. Paragraph (d)(3), both times it appears; and
xv. Paragraph (d)(4), both times it appears.
b. The term ``viscerotropic velogenic Newcastle disease'' is
removed and the term ``END'' is added in its place in the following
places:
i. Paragraph (c)(2); and
ii. Paragraph (c)(5).
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
21. The authority citation for part 161 continues to read as
follows:
Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.22, 2.80,
and 371.2(d).
Sec. 161.2 [Amended]
22. In Sec. 161.2, paragraph (d)(6) is amended by removing the
words ``psittacosis or ornithosis, and velogenic viscerotropic
Newcastle disease'' and adding the words ``chlamydiosis and exotic
Newcastle disease'' in their place.
Done in Washington, DC, this 29th day of October 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-28060 Filed 11-4-96; 8:45 am]
BILLING CODE 3410-34-P
