[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15635]
[Federal Register: June 28, 1994]
VOL. 59, NO. 123
Tuesday, June 28, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 53, 71, 82, 92, 94, and 161
[Docket No. 87-090-1]
RIN 0579-AA22
Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in
Poultry
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise completely subpart A of part 82 of
title 9, Code of Federal Regulations, concerning exotic Newcastle
disease in birds and poultry, and psittacosis or ornithosis in poultry.
We have reviewed part 82 as part of our ongoing review of existing
regulations, and believe that a complete revision of subpart A is
necessary. Revising the regulations would make them easier to
understand, thereby increasing compliance with the regulations, and
would make them more effective in preventing the interstate spread of
these diseases. We are also proposing to amend parts 53, 71, 92, 94,
and 161 of Title 9, Code of Federal Regulations, to reflect the
amendments to part 82 we are proposing.
DATES: Consideration will be given only to comments received on or
before August 29, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 87-090-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are encouraged to call ahead (202-690-2817) to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. C.M. Groocock, Senior Staff
Veterinarian, Emergency Programs Staff, VS, APHIS, USDA, room 746,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20872, (301) 436-
8240.
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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We have reviewed the exotic Newcastle disease and psittacosis/
ornithosis regulations in accordance with our regulatory review plan,
which provides for ongoing review of existing regulations. Based on
this review, we believe a complete revision of these regulations is
necessary.
We have also reviewed the regulations in 9 CFR part 82, subpart B,
which provide for certain testing, restrictions on movement, and other
restrictions on certain chickens, eggs, and other articles due to the
presence of Salmonella enteritidis. These regulations were established
in February 1990 [Docket No. 88-161, 55 FR 5576-5584] and were most
recently amended in January 1992 [Docket No. 91-193, 57 FR 776-779].
These regulations are not being revised as part of this rulemaking.
We are proposing to revise the regulations in subpart A (referred
to below as the regulations) to accomplish two goals. One goal is to
make the regulations easier to understand, thereby increasing
compliance with them. The other goal is to make the regulations more
effective in preventing the interstate spread of exotic Newcastle
disease and psittacosis/ornithosis.
Psittacosis or Ornithosis
We are proposing to change the name of the disease ``psittacosis or
ornithosis'' to ``chlamydiosis.'' Since the time the regulations were
last amended, accepted veterinary medical terminology has changed. The
disease ``psittacosis or ornithosis'' is now generally referred to as
``chlamydiosis.'' In this proposed rule, we will use the term
``chlamydiosis'' when referring to the disease referred to in the
current regulations as ``psittacosis or ornithosis.''
Exotic Newcastle Disease
In current Sec. 82.1, exotic Newcastle disease is defined as the
exotic viscerotropic type of Newcastle disease, a contagious,
infectious, and communicable disease of poultry. We are proposing to
revise the definition of exotic Newcastle disease to include any
velogenic Newcastle disease. (``Velogenic'' refers to the severity of
the strain of the virus in question.) Velogenic Newcastle disease is an
acute, rapidly spreading, and usually fatal exotic viral disease of
birds and poultry. If there were an outbreak of any velogenic Newcastle
disease in this country, it would be treated in the same way as
velogenic viscerotropic Newcastle disease.
Consistent with the change to the definition of exotic Newcastle
disease we are proposing in part 82, we are proposing to amend 9 CFR
parts 92, 94, and 161 to use the term ``exotic Newcastle disease''
instead of velogenic viscerotropic Newcastle disease (VVND), and are
proposing to revise the definition of Exotic Newcastle disease in 9 CFR
part 94 to make it consistent with the proposed definition in part 82.
Organizational Changes
In order to make the regulations easier to understand, we are
proposing to reorganize them. Under our proposal, part 82 would be
divided into three portions, instead of the current two. The first
portion (proposed subpart A) would concern quarantines and other
restrictions imposed only because of exotic Newcastle disease (END).
The second portion (proposed subpart B) would concern restrictions
imposed only because of chlamydiosis. Subpart C would contain the
Salmonella enteritidis serotype enteritidis regulations.
The regulations in proposed subpart A would: (1) Set forth criteria
for determining birds or poultry to be infected with, exposed to, or
free from END; (2) explain how and when we would impose a quarantine;
(3) list specific requirements for moving quarantined birds, poultry,
and other items interstate; (4) explain how and when we would remove a
quarantine; and (5) Set forth provisions regarding replacement birds
and poultry.
The regulations in proposed subpart B would: (1) set forth general
restrictions on the interstate movement of poultry infected with
chlamydiosis and on the interstate movement of other items related to
infected poultry; and (2) list requirements for cleaning and
disinfecting premises, vehicles, and other equipment that are or that
have been used in holding or moving poultry infected with chlamydiosis.
We are also proposing many other nonsubstantive and substantive
changes to the regulations. These proposed changes, which are all
intended to make the regulations more effective in preventing the
interstate spread of exotic Newcastle disease and chlamydiosis, are
discussed individually below. Some of these provisions are similar or
identical with regard to both the END and the chlamydiosis regulations
(proposed subparts A and B). Other changes are particular to the END
regulations (proposed subpart A). In this preamble, we discuss first
those provisions that are particular to proposed subpart A. We then
discuss those provisions that are similar or identical in proposed
subparts A and B.
Provisions Particular to the END Regulations
We are proposing to delete current Sec. 82.2(a). This section
states that ``poultry, psittacine and mynah birds, and birds of all
other species'' are susceptible to END and, therefore, that ``the
provisions of [the regulations] shall be applicable in relation to such
birds in the same manner and to the same extent as such provisions are
applicable in relation to poultry.'' This language is not needed in our
proposal, because we clearly specify which requirements apply to birds,
to poultry, or to both birds and poultry.
Task Force
We are proposing to remove or replace all references to ``task
force'' and ``Director of the Task Force'' in the regulations. In order
to eradicate specific outbreaks of END, we have sometimes established
task forces. However, because we do not always do so, the current
regulations can be confusing.
The only references to task forces in the current regulations are
in Secs. 82.1 and 82.3 (a) and (b). Current Sec. 82.1 contains
definitions of Director of the Task Force and Task Force. Current
Sec. 82.1 also contains, in the definition of infected group, a
requirement that the Director of the Task Force determine whether a
flock or group of birds or poultry is infected with END. Paragraphs (a)
and (b) of current Sec. 82.3 provide that the Director of the Task
Force may determine: (1) Whether birds, poultry, and premises are
infected with END; and (2) whether diagnostic tests are necessary to
determine if the birds or poultry are infected.
We propose to delete the definition of infected group from current
Sec. 82.1 and, because APHIS conducts its END program under a
memorandum of understanding with the States, to provide in proposed
Sec. 82.2 that whether birds or poultry are infected with or exposed to
END must be determined by either a Federal or a State veterinarian,
rather than by the Director of the Task Force.
Basis for Determining Infection With END
In Sec. 82.1 of the current regulations, the definition of infected
group describes the methods that may be used to determine whether a
flock or group of birds or poultry is infected with END. Footnotes to
that definition describe these methods of determination in greater
detail. In this document, we are proposing to delete the definition of
infected group, to include the basis for determining whether birds or
poultry are infected with END in proposed Sec. 82.2, and to describe
more specifically the factors that will be considered in making that
determination.
We are proposing that the determination whether birds or poultry
are infected with END would be based on one or more of the following
factors: clinical evidence (signs, post-mortem lesions, and history of
the occurrence of END); diagnostic tests; 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 they have
shared feed or water with birds or poultry infected with END).
Basis for Determining Exposure to END
Under the current and the proposed regulations, birds and poultry
determined to be exposed to END, and certain articles related to those
birds and poultry, are subject to certain prohibitions and restrictions
regarding their interstate movement. We are proposing to set forth in
proposed Sec. 82.2 more specific factors for determining exposure to
END than those set forth in the definition of exposed group in
Sec. 82.1 of the current regulations. The determination of whether
birds and poultry are exposed to END would be made by either a Federal
or a State veterinarian and would be based 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 and 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 and
poultry infected with END. Birds or poultry determined to be exposed to
END would 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 the factors used to determine that birds or poultry are
infected with END.
We are also proposing to include in Sec. 82.1 a definition of
exposed that would read as follows:
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 with vectors of END, as determined by either a
Federal veterinarian or a State veterinarian.
Quarantines
In current Sec. 82.3, we refer to the quarantining of ``premises''
containing birds and poultry that are infected with or have been
exposed to END. However, elsewhere in the regulations, we refer to
quarantined ``areas'' rather than premises. We believe this discrepancy
in terms is confusing. The intent of the quarantine provisions in the
current regulations is that areas to be quarantined may include
premises, but are not limited to specific premises. In this proposed
rule, we would clarify our intent by referring to quarantined areas,
rather than quarantined premises. Also, rather than providing that
premises where either infected or exposed birds or poultry exist will
be quarantined, as in the current regulations, we are proposing to
provide that any area where birds or poultry infected with END are
located will be quarantined. We would delineate these areas in such a
way that they would be sufficient, as determined by epidemiological
evaluation, to include all known infected and exposed birds.
Under Sec. 82.3 (a)(2) and (b)(3) of the current regulations, there
are certain requirements that must be met before we will remove a
quarantine. If we have quarantined premises because of infected birds
and poultry, one of the requirements for removal of the quarantine is
the destruction of all the birds and poultry on the premises where the
infected birds or poultry are located. However, if we have quarantined
premises because of the presence of exposed birds and poultry, the
exposed birds and poultry do not have to be destroyed.
Under Sec. 82.14 of the proposed regulations, all birds and poultry
in an area quarantined because of the presence of birds or poultry
infected with END would not have to be destroyed--rather, only those
birds and poultry determined to be infected with END. Improved testing
technology now makes it easier to determine which birds or poultry in a
quarantined area are actually infected with END. Therefore, the total
number of birds and poultry that would have to be destroyed could be
lower than under the current regulations.
Interstate Movement of Various Articles
Both the current regulations (Sec. 82.4) and the proposed
regulations (Secs. 82.4 through 82.10) restrict the interstate movement
of various articles, including birds and poultry, that could carry and
spread the END virus. We are proposing not only to reorganize and
rewrite this material to make it clearer and easier to follow, but we
are also proposing to make substantive changes in the restrictions.
Current Sec. 82.4 prohibits the interstate movement from any
quarantined area of poultry and birds that are not being moved to a
Federally inspected slaughtering establishment, and also prohibits the
interstate movement from any quarantined area of hatching eggs,
carcasses, parts of carcasses, and litter. We propose to replace this
general prohibition with a list of specific articles prohibited from
being moved interstate from a quarantined area (see proposed
Sec. 82.4(a)). We propose to prohibit: (1) live birds and poultry
infected with or exposed to END; (2) dead birds and dead poultry,
including any parts of the birds and poultry, that are infected with
END; (3) any eggs from birds or poultry infected with END; (4) hatching
eggs from birds or poultry exposed to END; and (5) litter and manure
from birds and poultry infected with END. This list does not include
some articles that are prohibited under the current regulations--viz,
carcasses and parts of carcasses of birds and poultry in a quarantined
area that are not known to be infected with END, and hatching eggs from
birds and poultry in a quarantined area that are not known to be either
infected with or exposed to END. We believe that the restrictions we
are proposing to place on the interstate movement of these articles
from a quarantined area (discussed below) would allow them to be moved
interstate without significant risk of spreading END.
Additionally, we are proposing to specify in Sec. 82.4(c) that the
regulations would not apply to the interstate movement of birds,
poultry, and 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. We believe this provision is
necessary to allow the Department to efficiently diagnose an outbreak
of END and to conduct research relating to END.
Interstate Movement of Live Birds
The current regulations in Sec. 82.4(c) allow the interstate
movement from quarantined areas of birds that are ``personal pets'' and
that are not known to be infected with or exposed to any communicable
disease of poultry. We are proposing to set forth these provisions in
proposed Sec. 82.5(a), with several changes. The current regulations
require in several places that the birds be in the owner's
``possession'' or ``personal possession.'' We believe this wording does
not clearly convey our intent. We do not consider it necessary for the
birds to be in physical proximity to the owner at all times. Rather, we
consider it necessary for the owner to be responsible for the location
and disposition of the birds. Therefore, we are proposing to replace
the terms ``possession'' and ``personal possession'' with the
requirement that the birds be under the owner's ``ownership and
control.''
The current regulations require ``immediate'' notification of
Federal or State officials if any pet birds that have been moved
interstate from a quarantined area show signs of disease or die. We
believe the term ``immediate'' might be confusing, and, therefore, are
proposing that the notification be made within 24 hours of the bird's
dying or showing clinical signs of sickness. We believe that 24 hours
allows a reasonable period of time for notification, without creating a
significant risk that the disease will spread during that period.
Interstate Movement of Live Poultry
The current regulations restrict the interstate movement of live
poultry from a quarantined area (see current Sec. 82.4(a)), and require
that they be moved to a Federally inspected slaughtering establishment
for ``immediate'' slaughter. We are proposing to amend these
requirements (see proposed Sec. 82.5) to extend this provision to birds
as well as poultry. While in most cases birds other than poultry would
not be moved to slaughter, such movement could occur in the case of
ratites (e.g., ostriches), which can be used commercially after
slaughter.
We are also proposing to require that the birds or poultry be
accompanied by a permit and be slaughtered within 24 hours of arrival
at the recognized slaughtering establishment. Shipments of poultry
normally arrive at slaughtering facilities at night or early in the
morning. (Currently, birds other than poultry are not being shipped to
slaughter.) They are kept under cover until the facility can handle
them in turn. We believe that 24 hours provides the facility with a
reasonable amount of time to slaughter birds or poultry moved there,
without posing a significant risk of disease spread. Allowing a
lengthier period of time before slaughter would unnecessarily increase
the risk of END contamination of personnel and equipment at the
slaughtering establishment, and thus increase the risk that END would
be carried outside the establishment.
We are also proposing to require that the shipment of birds or
poultry be covered in such a way so as to prevent feathers and other
debris from blowing or falling off the means of conveyance.
Additionally, we are proposing to require that, except for emergencies,
the birds and poultry not be unloaded until arrival at the destination
listed on the permit. We would consider events such as accidents,
vehicular failure, or natural disasters to be emergencies. We believe
that each of these provisions is necessary to guard against the
possibility of disease spread while the birds or poultry are being
transported.
Interstate Movement of Dead Birds and Dead Poultry
The current regulations in Sec. 82.4 prohibit the interstate
movement from a quarantined area of carcasses and parts of carcasses of
birds and poultry, including birds and poultry that are not known to be
infected with END. We believe that this provision is unnecessarily
restrictive, and that carcasses and parts of carcasses of birds and
poultry not known to be infected with END can be moved interstate under
certain conditions without an undue risk of disease spread. We are
therefore proposing to allow such movement, as described below.
As noted in the preceding paragraph, the current regulations refer
to ``carcasses and parts of carcasses.'' We believe that the term
``carcasses'' might give the impression that only dressed carcasses are
being referred to, such as those handled at slaughtering
establishments. In some cases in this proposed rule, that is what we
are referring to. In other cases, however, we are referring to any dead
birds or poultry, whether they have been dressed or not.
To avoid confusion as to what we are referring to, in this proposed
rule we use the wording ``dead birds and dead poultry, including any
parts of the dead birds and dead poultry,'' when all dead birds and
dead poultry, including dressed carcasses, are being referred to. We
use the term ``dressed carcasses'' when the intent is to limit the
provisions to birds and poultry that have been eviscerated, with heads
and feet removed.
To be moved interstate, dead birds and dead poultry that are not
known to be infected with END and that are intended for disposal,
including any parts of the dead birds and dead poultry, would have to
be accompanied by a permit, the dead birds and dead poultry would have
to be covered in such a way as to prevent feathers and other debris
from blowing or falling off the means of conveyance, and the dead birds
and dead poultry would have to be either moved under official seal or
accompanied by a Federal representative. Official seal would be defined
in Sec. 82.1 as 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.
The proposed regulations would not allow the unloading of the dead
birds and dead poultry until their arrival at the destination listed on
the permit, and the dead birds and dead poultry would have to be moved
to the destination listed on the permit without any stops, except for
normal traffic conditions. The dead birds and dead poultry would have
to be disposed of by rendering, incineration, composting, burial, or
other methods approved by the Administrator as being adequate to
prevent the dissemination of END, within 24 hours of the loading for
shipment of the birds and poultry. A copy of the permit that
accompanied the dead birds and dead poultry interstate would have to 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 the arrival of the dead birds and dead poultry at
the destination listed on the permit.
The requirements for the interstate movement of dressed carcasses
would be largely the same as those for the interstate movement of other
dead birds and dead poultry, with the following differences: (1) The
dressed carcasses would have to be from birds and poultry slaughtered
in a recognized slaughtering establishment; (2) the requirement that
the means of conveyance be covered so as to prevent feathers and other
debris from blowing or falling off would not apply to dressed
carcasses; and (3) the disposal requirements described above for other
dead birds and dead poultry would not apply to dressed carcasses, which
are intended for consumption.
Interstate Movement of Manure and Litter
Current Sec. 82.4(e) provides for the interstate movement from a
quarantined area of manure from poultry or birds that are not known to
be infected with END. These provisions include requirements for heating
the manure and sealing it in an airtight container. Current
Sec. 82.4(e) also requires the submission to a Federal inspector of a
declaration that provides information regarding the shipment of manure.
We are proposing to retain the requirements of current Sec. 82.4(e),
and to set them forth in proposed Sec. 82.7, with several changes.
First, we would extend the provisions that currently apply to
shipments of manure to include litter as well. In proposed Sec. 82.1,
we would define litter as ``material that is used to collect and absorb
bodily wastes from birds or poultry.'' This material, which commonly
consists of wood shavings or a similar material, cannot be easily
separated from the bodily wastes. Second, we would require that
shipments of manure and litter be accompanied by a permit.
Interstate Movement of Hatching Eggs
The current regulations in Sec. 82.4 prohibit the interstate
movement of hatching eggs from quarantined areas, except for specific
movements allowed by APHIS upon request and under special conditions.
We believe, however, that it is possible to establish general
conditions under which hatching eggs from birds and poultry not known
to be infected with or exposed to END can be moved interstate from a
quarantined area without a significant risk of spreading END. Under
these conditions, set forth in proposed Sec. 82.9, the hatching eggs
would have to be accompanied interstate by a permit. The proposed
regulations would require that a copy of the permit be 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 premises designated jointly by the
Veterinarian in charge and the State animal health official. The
hatching eggs would have to be held at this designated premises from
the time of arrival until hatched, and the birds and poultry from the
hatching eggs would have to remain at the designated premises for not
less than 30 days following hatching. During this 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.
Interstate Movement of Eggs Other Than Hatching Eggs
The regulations currently require table eggs to be washed and
sanitized for processing before they are moved interstate from an area
quarantined because of END. (See current Sec. 82.4(b).) We propose to
clarify this requirement in several ways. First, we propose in proposed
Sec. 82.8 to amend the requirement so that it refers to eggs, other
than hatching eggs, from birds and poultry in a quarantined area that
are not known to be infected with END. Second, we propose to require
that the eggs be cleaned and sanitized in accordance with regulations
issued by the Agricultural Marketing Service, as set forth in 7 CFR
part 59. These provisions are clearer and more specific than our
current requirement that the eggs be ``washed and sanitized.'' They are
the industry standard for cleaning eggs, and are suitable for eggs from
quarantined areas. Also, the provisions in 7 CFR part 59 include a
requirement that the eggs be sanitized using a solution containing
available chlorine of between 100 and 200 ppm. This solution would kill
any END virus.
We would also require that the eggs that are being moved be packed
either in flats or cases that have not been used before, or used
plastic flats or cases that were cleaned and disinfected, since last
being used, in accordance with the cleaning and disinfection provisions
set forth in 9 CFR part 71. Additionally, we are proposing to require
that any containers intended for reuse after arriving at a facility be
cleaned and sanitized before being returned to premises where birds or
poultry are kept.
Interstate Movement of Equipment
Current Sec. 82.4(d) allows the movement of metal and hard plastic
coops interstate from a quarantined area if those items are first
cleaned and disinfected under the supervision of a Federal or State
inspector. Based on our experience enforcing the regulations, we
believe it is necessary to enhance our monitoring and tracking
capabilities by expanding the criteria that would have to be met before
metal and hard plastic coops may be moved interstate from a quarantined
area. We would set forth these criteria in proposed Sec. 82.10.
Additionally, in proposed Sec. 82.10 we would extend these requirements
to cages, containers, troughs, vehicles, and other equipment used for
birds, poultry, eggs, manure, and litter from a quarantined area. These
items can be cleaned and disinfected to destroy the END virus as
effectively as can metal and hard plastic coops, using the same
cleaning and disinfecting methods. For such items to be moved
interstate, they would have to be accompanied by a permit; they would
have to be cleaned and disinfected in accordance with 9 CFR part 71;
the equipment would have to be inspected by a Federal or State
representative after it was cleaned but before it was disinfected; and
it would have to be disinfected in the presence of a Federal or State
representative with a disinfectant listed in 9 CFR part 71.
We are proposing to add like requirements for cleaning and
disinfecting these items after they have been used to move birds,
poultry, eggs, manure, or litter interstate from a quarantined area.
Proposed Sec. 82.10(b)(1) would require that the equipment be cleaned
and disinfected at the place where it is unloaded or otherwise used,
within 2 hours after unloading or use. This 2 hour time limit is
proposed to provide a person with a reasonable time in which to
complete the cleaning and disinfection. We recognize that in some cases
such locations may not have the facilities necessary to readily carry
out the required cleaning and disinfection. Therefore, we would provide
in proposed Sec. 82.10(d), that if the place where 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 disinfection, provided a Federal
representative or State representative has determined that such
movement would not cause a risk of the spread of END.
Under our proposal, the requirements described in the preceding
paragraph would not apply to equipment used by or to move pet birds
moved interstate. We believe that the proposed conditions governing the
movement of pet birds interstate would be adequate to ensure that the
pet birds so moved pose an insignificant risk of being infected with
END.
Other Interstate Movements
The current regulations provide, at Sec. 82.4(f), that the Deputy
Administrator may allow, under special conditions, the interstate
movement of any poultry not known to be infected with END, even if they
could not otherwise be moved under the regulations. However, the
current regulations do not allow for similar movement of articles other
than poultry. We believe that the regulations should allow for the
movement of articles other than poultry that could be moved without
risk of spreading END, but that would otherwise be prohibited movement
under the regulations. Therefore, we are proposing to expand this
provision to provide for the interstate movement of any restricted
articles, if the Administrator determines that the articles can be
moved without spreading END. (See proposed Sec. 82.12. See also
discussion in this document under ``Internal Agency Policy.'') For
these articles to be moved interstate, they would have to be
accompanied by a special permit, as we explain below under the heading
``Permits and Special Permits.''
Current Sec. 82.4(f) also contains material pertaining to agency
management that the Administrative Procedure Act does not require us to
publish in our regulations. We are therefore proposing to delete the
statement that the Deputy Administrator will notify State officials
when a permit is granted.
Removal of Quarantines
The current regulations (current Sec. 82.3(a)(2)(i)) require the
disposal of all birds and poultry in the quarantined area that are
infected with END, before we will remove the quarantine. In proposed
Sec. 82.14, we are proposing that all infected birds in the quarantined
area that have been euthanized, and any other birds and poultry that
died of any other cause other than slaughter, must be disposed of by
specified means. This would help ensure that the carcasses of all birds
and poultry infected with END, whether the birds and poultry were
euthanized or died of the disease itself, are disposed of in such a way
as to prevent the dissemination of END.
Current Sec. 82.3 requires that the carcasses of the birds and
poultry be destroyed, buried, incinerated, or otherwise properly
disposed of as the Deputy Administrator may direct. We are proposing to
make several changes in this requirement. First, we are proposing to
allow rendering or composting of the dead birds and poultry. Both
rendering and composting destroy the END virus. Second, we are
proposing to delete the words ``otherwise properly disposed of as the
Deputy Administrator may direct.'' The exact meaning of this phrase is
not clear. Under the proposed regulations, if a person wants to dispose
of dead birds or poultry, manure, or eggs from infected birds or
poultry by using a method the regulations do not allow, the person may
be able to obtain a special permit to do so. (See ``Permits and Special
Permits'' below, regarding proposed Sec. 82.12.)
The current regulations do not include any requirements for
disposing of eggs, manure, and litter from infected and exposed birds
and poultry before we remove a quarantine. However, each of these items
can potentially spread END. Therefore, we are proposing to amend the
regulations to ensure that these possible sources of END infection are
eliminated before we remove a quarantine. In proposed Sec. 82.14(d), we
would require either the burial, reduction to ashes by incineration, or
rendering of all eggs from birds and poultry infected with or exposed
to END. In proposed Sec. 82.14(e), we would require that all manure and
litter from birds and poultry infected with or exposed to END be
buried, reduced to ashes by incineration, composted, or spread on a
field and turned under. All of these methods of disposing of eggs,
manure, and litter would destroy the END virus.
We are proposing to add specific requirements to the regulations
for the disposal of articles by burial, composting, or spreading and
turning under. As noted above, burial would be an option for the
disposal of birds, poultry, eggs, manure, and litter. If burial is used
for disposal, it would have to be done in the quarantined area in a
location that meets all United States Environmental Protection Agency,
State, and local requirements for landfills. The articles would have to
be buried at least 6 feet deep and covered at the time of burial with
soil. Requiring burial at least 6 feet deep would prevent most
burrowing animals from coming in contact with the buried material.
Composting would be an option for the disposal of birds and poultry
infected with END, and for the disposal of manure produced by and
litter used by birds or poultry infected with or exposed to END.
Because of the difference in the nature of the material being
composted, the procedures for composting birds and poultry would differ
from those for composting manure and litter.
To compost dead birds and poultry infected with END, the procedures
set forth in Sec. 82.14(c)(2) of this proposed rule would have to be
followed. These procedures would require the creation of a layered
mixture consisting of manure cake (litter and manure); a carbon source
such as straw, peanut hulls, or wood chips; and the birds or poultry.
The mixture would need to sit for two 30-day heating cycles, during
which its internal temperature would need to reach at least 140 deg. F
(to kill fly larvae and disease organisms). After the first 30-day
heating cycle, the compost pile would have to be turned over and
aerated, to provide the oxygen necessary for the composting bacteria.
Following the second 30-day heating cycle, the mixture would need to be
covered with a material that will prevent penetration of air and
moisture for an additional 30-day period. The compost pile would have
to be at least 50 yards from any building or pen where poultry or birds
are housed, to guard against wind-borne transmission of material that
might be contaminated with END, and would have to be inaccessible to
any poultry and birds. This requirement would also be applied to
disposal of manure and litter by spreading and turning under.
To compost manure and litter, the procedures set forth in
Sec. 82.14(e)(2) would have to be followed. The manure and litter would
have to be placed in rows 3 to 5 feet high and 5 to 10 feet at the
base, be kept moist, and be kept covered. The internal temperature of
the compost pile would need to rise to at least 140 deg. F, and the
manure or litter would have to be mixed every 10 to 15 days, in order
to provide sufficient oxygen to the composting bacteria. The composted
manure or litter could not be utilized for at least 30 days from the
time the 140 deg. F temperature is reached.
Spreading and turning under would be an option only for the
disposal of manure and litter. If the manure and litter is spread on a
field and turned under, the field would have to be in the quarantined
area. The manure and litter would have to be turned over within 24
hours of being spread on the field, and be left undisturbed for at
least 30 days after being turned under, to ensure that the END virus
has become inactive. We believe a 24-hour time period for turning the
manure and litter over would be short enough to guard against
transmission of the END virus, while providing a practicable amount of
time for completing the process of turning under.
The current regulations do not require cleaning and disinfection of
cages, equipment, or similar articles that have been used for END-
infected birds and poultry. Since cages and other equipment that have
been used to handle infected birds and poultry could spread END, we are
proposing in proposed Sec. 82.14(g) that, as a condition of removal of
a quarantine, all cages, coops, containers, troughs, and other
equipment used for birds or poultry infected with or exposed to END, or
their excrement or litter, must either be reduced to ashes by
incineration, or be cleaned and disinfected in accordance with 9 CFR
part 71. If cleaning and disinfection is chosen, it would be required
that the articles be inspected after cleaning, and before disinfection,
by a Federal or State representative, and then be disinfected in the
presence of a Federal or State representative. It would be required
that a disinfectant listed in 9 CFR part 71 be used. The same cleaning
and disinfecting procedures would be required for premises where birds
or poultry infected with or exposed to END were located, to prevent the
transmission of END from the premises to birds or poultry.
Miscellaneous
Footnote 6 to current Sec. 82.4 states that we will give pet bird
owners a copy of the agreement they sign and that it will contain the
names and addresses of Federal and State officials in the State where
they are taking their pet birds. This footnote also states that we will
notify State officials in that State that the pet birds are being
brought into that State. None of this material is necessary as part of
the regulations. Addresses of Federal and State officials are available
in local telephone directories. Because the statement that we will
notify State officials relates to agency management, the Administrative
Procedure Act does not require us to publish it in our regulations. We
are therefore proposing to delete this material.
We are proposing to delete current Sec. 82.6, which, among other
things, requires the banding of certain psittacine birds moved
interstate from California. On March 16, 1982, we published an interim
rule in the Federal Register (47 FR 11243-11246, Docket No. 82-019),
amending the regulations to add Sec. 82.6. Then, on April 20, 1982, we
published another interim rule in the Federal Register (47 FR 16772-
16773, Docket No. 82-037) suspending the section until further notice.
The reason for suspending the section was that we could not provide
necessary inspection services. Although this section has been inactive
since April 20, 1982, it has continued to appear in the Code of Federal
Regulations. We believe this is confusing. In addition, we are still
not able to provide the inspection services required by Sec. 82.6.
Therefore, we are proposing to delete this section.
Changes Affecting Both the END and the Chlamydiosis Regulations
Certain of the substantive changes we are proposing to current part
82, subpart A, apply to both the END and the chlamydiosis regulations.
We discuss these proposed changes in the following paragraphs.
Permits and Special Permits
The current regulations in part 82, subpart A, regarding both END
and psittacosis/ornithosis (chlamydiosis), do not require a permit for
the interstate movement of restricted items, if the items are moved in
accordance with the regulations. We are proposing to require that a
permit accompany such movements (provisions regarding the issuance of
permits are set forth in proposed Secs. 82.11 and 82.23), and that a
copy of the permit be 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 shipment at the destination listed on the permit.
An application for a permit would have to include: (1) The
applicant's name and mailing address; (2) the name and mailing address
of the person who would receive the birds, poultry, or other items; (3)
the addresses of both the origin and destination of the shipment; (4)
the number and types of birds, poultry, and other items intended for
interstate movement; and (5) the reason for interstate movement.
In the case of interstate movement under the END regulations, the
applicant for a permit would also be required to submit a declaration
or affidavit listing the requirements in the regulations for interstate
movement of the items in question, and stating that the applicant will
move the items interstate only if all of the listed requirements are
met (Sec. 82.11(b)). This declaration or affidavit would help us
determine whether to issue a permit, by demonstrating whether the
applicant has the knowledge of the regulations necessary to comply with
them. Due to the highly infectious nature of END and the high rate of
mortality it causes among birds and poultry, we consider such knowledge
a critical condition for the issuance of a permit.
We are also proposing in both the END and the chlamydiosis
regulations to provide for special permits for the movement of
restricted items interstate in any way or to any destination the
regulations do not otherwise allow. Special permits would be issued in
those relatively infrequent occasions when articles could be moved
without the risk of disease spread under safeguards that are not
specifically provided for in the regulations. As with permits, in the
case of interstate movements, a copy of the special permit would have
to be 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 shipment at the destination listed on the special
permit. A special permit would also be required for the disposal of
items and the cleaning and disinfection of items, vehicles, and
premises using a method not provided in the regulations. (Provisions
regarding the issuance of special permits are set forth in proposed
Secs. 82.12 and 82.24.) We need to have information in our files
showing when, where, and what restricted items are being moved
interstate. We also need to have information in our files showing what
items have been destroyed, or cleaned and disinfected, and the method
used. This information is important in helping us trace disease
outbreaks to their source and to enforce the regulations.
In connection with the proposed permit requirements, we are
proposing regulations that would allow us to deny an application for a
permit or special permit and to withdraw a permit or special permit
after we have issued it. (See proposed Secs. 82.13, and 82.25.) The
Administrator could deny an application if he or she determines that
the applicant is not complying with or could not comply with the
regulations or any special conditions needed to prevent the
dissemination of END or chlamydiosis, or, in the case of a special
permit, that it is not required under the regulations.
Under the proposed regulations, 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 the regulations or some condition specified in the
permit or special permit. The Administrator could withdraw the permit
or special permit without advance notice if he or she determines that
the public health, interest, or safety is threatened. The Administrator
would then provide reasons in writing why he or she denied or withdrew
the permit or special permit. The proposed provisions would also
provide for an appeals process. In cases where there was a conflict as
to any material fact, the person denied the permit or special permit,
or from whom a permit or special permit is withdrawn, would be given an
opportunity for a hearing with respect to the merits or validity of the
denial or withdrawal.
Cleaning and Disinfection
The current regulations regarding both END and chlamydiosis also
require the cleaning and disinfection of vehicles, premises, and
accessories for various reasons. (See current Secs. 82.3(a)(2)(ii),
82.4(d), and 82.5.) We propose to make several changes in all of these
regulations. (See proposed Secs. 82.10, 82.14, 82.21, and 82.22.)
First, we propose to replace the word ``accessories,'' wherever it
is used, with the word ``equipment.'' We believe ``equipment'' is
clearer.
Second, we are proposing to clarify which functions may be carried
out by an accredited veterinarian. The current regulations have two
provisions concerning cleaning and disinfecting of vehicles, premises,
and equipment for END that specify who must supervise the work. (See
current Secs. 82.4(d) and 82.5(a).) Section 82.4(d) states that a
Federal or State inspector must supervise. Section 82.5(a) states that
a Federal or State inspector, or an accredited veterinarian, must
supervise. There is no reason why these requirements should be
different. END is not endemic to the United States. Should an outbreak
occur, we and the States involved will handle it as an emergency, and
send all needed personnel to the scene. Therefore, we are proposing to
amend the requirements to provide that only a Federal or State
representative may supervise cleaning and disinfection with regard to
END. (See proposed Secs. 82.10(c) and 82.14 (f), (g), and (h).)
It should be noted that there are similar regulations concerning
cleaning and disinfecting for chlamydiosis. These regulations currently
provide that a Federal or State inspector, or an accredited
veterinarian, supervise cleaning and disinfecting. (See current
Secs. 82.5 (a), (b), and (c).) This difference between the END
regulations and the chlamydiosis regulations exists because
chlamydiosis occurs sporadically in the United States, and we handle
outbreaks on a routine basis. This type of program may require that a
great number of personnel be available throughout the country.
Therefore, to ensure that personnel are available when and where they
are needed, we provide in the proposed regulations that accredited
veterinarians, as well as Federal representatives and State
representatives, may supervise cleaning and disinfecting for
chlamydiosis. The proposed regulations clarify what is meant by
``supervise,'' as discussed in the following paragraph, but do not
change who can perform the work.
The current regulations require a Federal or State representative
(or, in the case of psittacosis/ornithosis (chlamydiosis), an
accredited veterinarian) to ``supervise'' cleaning and disinfecting. It
is not clear what ``supervise'' means. We believe that requiring a
Federal or State representative (or, in the case of chlamydiosis, an
accredited veterinarian) to inspect vehicles, premises, and equipment
after they are cleaned, and to be present while they are disinfected,
would ensure that the cleaning and disinfecting are thorough and,
therefore, effective. Accordingly, we are including such provisions in
the proposed regulations, instead of using the term ``supervise.''
Definitions
We are also proposing to revise the list of definitions that apply
to current subpart A of part 82 (current Sec. 82.1; proposed Sec. 82.1
for proposed subpart A, END; and proposed 82.19 for proposed subpart B,
chlamydiosis). We are proposing to revise some of the existing
definitions to make them clearer and more exact. We are also proposing
to remove some existing definitions and to add some new definitions to
the definitions already existing in current subpart A. This is
necessary because the terms we use in the proposed regulations are not
all the same as the terms in the current regulations.
We are proposing to remove the definitions of: Director of the task
force, Deputy Administrator, exposed group, Federal inspector, infected
group, psittacosis or ornithosis, State inspector, and Task Force. In
addition to the terms in current subpart A, except as noted above, we
are proposing to include in proposed Sec. 82.1 definitions of:
Administrator, Animal and Plant Health Inspection Service (APHIS),
dressed carcasses, exposed, Federal representative, Federal
veterinarian, hatching eggs, infected, known to be exposed, known to be
infected, litter, official seal, recognized slaughtering establishment,
render, State representative, and State veterinarian. In addition to
those terms already defined in current Sec. 82.1 for use in the
psittacosis/ornithosis regulations, we are proposing to include in
proposed Sec. 82.19 definitions of: Administrator, Animal and Plant
Health Inspection Service (APHIS), chlamydiosis, Federal
representative, Federal veterinarian, infected, and State
representative.
Internal Agency Policy
Also, in order to reflect internal agency policy, we refer in this
proposal to the ``Administrator'' when discussing functions ascribed to
the ``Deputy Administrator'' in the current regulations. For the same
reason, we have replaced the term ``Veterinary Services'' in this
proposal with the term ``Animal and Plant Health Inspection Service.''
Obtaining Information
The current regulations indicate in various places how to obtain
forms, information, and help. In some cases, the names, addresses, or
locations given are incorrect. We are therefore proposing to update
these references, as necessary, to include the correct names,
addresses, and locations.
Part 53
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. The
definition of disease in 9 CFR 53.1 refers to exotic Newcastle disease
as ``presently existing in the States of California, Florida, New
Mexico, and Texas.'' This reference is outdated. Currently END is not
known to exist in any State. Therefore, we are proposing to revise the
definition of disease in Sec. 53.1 to remove this reference.
The definition of disease in Sec. 53.1 also refers to ``lethal
avian influenza (a disease of poultry caused by any form of H5
influenza virus that has been determined by the Administrator to have
spread from the 1983 outbreak in poultry in Pennsylvania).'' This
description is outdated, and we are proposing to replace it with a
description that reflects current understanding of the disease. We
would replace the reference to ``lethal avian influenza'' with a
reference to ``highly pathogenic avian influenza'' and would describe
the disease as that caused by any influenza virus that results in not
less than 75 percent mortality within 8 days in at least 8 healthy
susceptible chickens, 4 to 8 weeks old, inoculated by the
intramuscular, intravenous, or caudal airsac route with bacteria-free
infectious allantoic or cell culture fluids.
We would also revise the definitions of person and State in
Sec. 53.1 to clarify our intent as to their meaning, and make
nonsubstantive wording and format changes to the remainder of the
definitions.
Finally, we would eliminate an unnecessary cross reference in
Sec. 53.2(b).
Part 71
Part 71 of Title 9, Code of Federal Regulations, contains general
provisions regarding the interstate transportation of animals and
animal products. The regulations in Part 71 contain a reference to
psittacosis or ornithosis. We are proposing to amend this reference to
use the updated name for the disease: chlamydiosis.
Part 71 also contains regulations concerning cleaning and
disinfecting. Section 71.7 explains methods of cleaning and
disinfecting means of conveyance, facilities, and premises. Section
71.10(a) lists ``substances permitted for use in disinfecting cars,
boats, other vehicles, and premises.'' Neither of these sections covers
cages, coops, containers, troughs, and other equipment, although the
cleaning and disinfectants listed are suitable and effective for
cleaning and disinfecting them. The current regulations in part 82
(Secs. 82.4(d), 82.5(b), and 82.5(c)) require coops, containers,
troughs, and other ``accessories'' to be cleaned and disinfected with a
disinfectant listed in Sec. 71.10. We propose to retain this reference
to part 71. Therefore, we are proposing to amend Sec. 71.10 to state
that the disinfectants listed in that section can be used on cages and
other equipment. We are also proposing to amend the cleaning and
disinfection instructions in Sec. 71.7 to cover cages and other
equipment.
Part 92
Part 92 of Title 9, Code of Federal Regulations, contains
requirements for the importation of certain animals into the United
States. Part 92 contains references to ornithosis. We are proposing to
amend those references to use the updated name for the disease:
chlamydiosis.
Also, the current heading for part 92 reads as follows:
``Importation of Certain Animals and Poultry and Certain Animal and
Poultry Products; Inspection and other Requirements for Certain Means
of Conveyance and Shipping Containers Thereon.'' We are proposing to
amend this heading to reflect the fact that part 92 also deals with the
importation of birds, and to remove excess wording. As amended, the
heading for part 92 would read as follows: ``Importation of Certain
Animals, Birds, and Poultry, and Certain Animal, Bird, and Poultry
Products; Requirements for Means of Conveyance and Shipping
Containers.''
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has 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. 603, we have performed an initial
Regulatory Flexibility Analysis regarding the impact of this proposed
rule on small entities. This proposed action may have a significant
economic impact on a substantial number of small entities. However, we
do not currently have all the data necessary for a comprehensive
analysis of the effects of this rule on small entities. Therefore, we
are inviting comments concerning potential impacts. In particular, we
are interested in determining the number and kind of small entities
that may incur benefits or costs from implementation of this proposed
rule.
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 proposed 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 believe
that these documents are necessary to allow the Department to better
monitor the interstate movement of the items moved. However, the
economic impact from these requirements would be negligible.
Statement of Need for Regulatory Changes Regarding END
From the time the southern California END emergency eradication
program reached its successful conclusion 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. Current END regulations
were drafted prior to the increased level of industry concentration,
and we believe they require revisions to reflect the changes that have
taken place. Current value of the domestic poultry and egg industry is
estimated to be approximately $14.9 billion. Therefore, we believe the
proposed changes to the existing END regulations are 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 current provisions, APHIS
routinely euthanizes entire shipments of imported birds when the END
virus is detected. 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. Legal importation
annually supplies the U.S. bird market with a significant number of
exotic species. The estimated value of this industry ranges between
$300,000 to $500,000 annually. The actual value of the exotic bird
industry would be much higher if the value of smuggled shipments could
be included in the total. Illegal importation of exotic bird species
continues to be an avenue for the introduction of END into the United
States.
Proposed Rule Changes to END Regulations
In the absence of an END outbreak, the proposed regulatory changes
would have a negligible impact on the domestic poultry and exotic bird
industries. Proposed END revisions would 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 proposed
changes include new requirements for removing an area from quarantine;
specific provisions for moving pet 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 the proposed END regulations is as follows:
1. Interstate movement from a quarantined area would be 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 would 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 would 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 could 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 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 could 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 could 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 would 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 proposed regulations would 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 would 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
proposed rule changes would 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 would outweigh any additional restrictions
that would be imposed by the proposed rule changes. Domestic entities
would not be severely impacted by either the current regulations or the
proposed 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 would not occur until
an appraised value was determined and the owners had 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 1987, the poultry and bird
population in the original quarantined area decreased from
approximately 38.9 million to 27.6 million. Conversely, the number of
commercial flocks in the 1972 END quarantined area increased from
approximately 1,115 to 1,856. 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 7.8 million birds and poultry could be
required to be depopulated, and indemnities totaling $22.3 million
dollars would be paid to producers. 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 proposed 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 1991,
approximately 136 lots, totaling approximately 250,000 exotic birds,
were legally imported into the United States. Only three lots were
refused entry due to END. Two of these lots, totaling 827 birds, were
euthanized, the third was returned to the country of origin. APHIS
estimates that the values of the euthanized lots were approximately
$8,000 and $19,500 respectively.
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 reliable data impossible to obtain. However, APHIS estimates that
the number of smuggled birds entering the United States ranges from
100,000 to 150,000 annually. Smuggling increases the likelihood that
domestic birds and poultry could be exposed to END.
During fiscal year 1991, an END outbreak resulted in the
destruction of approximately 120 birds. APHIS estimated the value of
these euthanized birds to be approximately $40,000. Under the proposed
regulations, APHIS would 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 proposed regulations on domestic exotic
bird producers is unknown.
Summary
APHIS estimates that the proposed rule changes for END would, 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 occurred
and an eradication program were initiated, the proposed rule changes
would enable APHIS to effectively prevent the interstate spread of END
and eradicate END. Modern diagnostic techniques would enable APHIS to
determine which birds have been infected by the END virus. This would
likely result in smaller quantities of euthanized birds and poultry in
areas quarantined because of END. We believe that revisions to the END
regulations are necessary to ensure that domestic poultry, egg, and
exotic bird producers are protected against any potential END outbreak.
APHIS believes that the proposed regulations would effectively deal
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 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501), the information collection provisions that are included in this
proposed rule will be submitted for approval to the Office of
Management and Budget. Please send written comments to the Office of
Information and Regulatory Affairs, OMB, Attention: Desk Officer for
APHIS, Washington, DC 20503. Please send a copy of your comments to:
(1) Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room
804, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, and
(2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and
Independence Ave. SW., Washington, DC 20250.
National Environmental Policy Act
Various potential issues that could be raised by this proposed rule
are being considered in the context of a current environmental impact
statement process. The provisions in this proposed rule would not be
implemented until compliance with the National Environmental Policy Act
and other relevant environmental statutes has been assured.
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 propose to amend 9 CFR parts 53, 71, 92, 94, and
161, and to revise part 82 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 would continue to read as
follows:
Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.17, 2.51, and
371.2(d).
2. Section 53.1 would be 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.
Animals. Livestock, poultry, and all other members of the animal
kingdom, including birds whether domesticated or wild, but not
including man.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture (APHIS).
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
influenza (that disease caused by any influenza virus that results in
not less than 75 percent mortality within 8 days in at least 8 healthy
susceptible chickens, 4-8 weeks old, inoculated by the intramuscular,
intravenous, or caudal airsac route with bacteria-free infectious
allantoic or cell culture fluids); 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. Any velogenic Newcastle disease. Exotic
Newcastle disease is an acute, rapidly spreading, and usually fatal
viral disease of birds and poultry.
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 ``as referred to in
Sec. 82.2(a) of this chapter, and'' would be removed.
PART 71--GENERAL PROVISIONS
4. The authority citation for part 71 would continue to read as
follows:
Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,
134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).
Sec. 71.3 [Amended]
5. In section 71.3, paragraph (a), the phrase ``psittacosis or
ornithosis'' would be removed and ``chlamydiosis'' would be added in
its place.
Sec. 71.7 [Amended]
6. In Sec. 71.7, the heading would be 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'' would be
removed and the phrase ``alleys, cages, and other equipment'' would be
added in its place.
8. In Sec. 71.10, the section heading and paragraph (a)
introductory text would be 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:
* * * * *
9. The authority citation for part 82 would continue to read as
follows:
Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a,
134b, 134f; 7 CFR 2.17, 2.51, and 371.2(d).
10. Part 82 would be 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)
Sec.
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
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.
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.)
or a State meat inspection act.
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 the Administrator, c/o Emergency
Programs Staff, Veterinary Services, Animal and Plant Health
Inspection Service, United States Department of Agriculture, Federal
Building, 6505 Belcrest Road, Hyattsville, MD 20782, or by referring
to the local telephone book.
\2\A copy of the protocols for END diagnostic tests may be
obtained by writing to the Administrator, c/o Emergency Programs
Staff, Veterinary Services, Animal and Plant Health Inspection
Service, United States Department of Agriculture, 6505 Belcrest
Road, Hyattsville, MD 20872. 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.
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;
(2) Litter used by or manure generated by birds or poultry infected
with END;
(3) Any eggs from birds or poultry infected with END;
(4) Hatching eggs from birds or poultry exposed to END; and
(5) Live birds or live poultry 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.
(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 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 the Administrator, c/o
Emergency Programs Staff, Veterinary Services, Animal and Plant
Health Inspection Service, United States Department of Agriculture,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782.
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(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
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\4\The location of the Veterinarian in charge or the State
animal health official may be obtained by writing to the
Administrator, c/o Emergency Programs Staff, Veterinary Services,
Animal and Plant Health Inspection Service, United States Department
of Agriculture, 6505 Belcrest Road, Hyattsville, MD 20782, or by
referring to the local telephone book.
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(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) The birds or poultry are moved interstate to a recognized
slaughtering establishment;\5\
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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.
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(6) The birds or poultry are slaughtered within 24 hours of arrival
at the recognized slaughtering establishment; and
(7) The permit required by paragraph (b)(1) of this section is
presented upon arrival at the recognized slaughtering establishment 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.
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 Secs. 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 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\
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\6\See footnote 5.
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(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.
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; and
(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.
(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 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 if they are made of hard
plastic or metal, and if the other conditions of this section are met.
(c) Before moving vehicles, cages, coops, containers, troughs, and
other equipment interstate that have held or have otherwise been used
in a quarantined area in the handling of birds, poultry, eggs, manure,
or litter, 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.
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(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.
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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.
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 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
Administrator, c/o 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.
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 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.
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\10\Written appeals should be sent to the Administrator, c/o
Emergency Programs Staff, Veterinary Services, Animal and Plant
Health Inspection Service, United States Department of Agriculture,
6505 Belcrest Road, Hyattsville, MD 20782.
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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;
(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.
(3) Spreading and turning under. 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, 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.
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;
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\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
charge2 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.
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\2\See footnote 4 of Sec. 82.5.
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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;
(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.
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.
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 Administrator, c/o
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.
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
writing3 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.
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\3\See footnote 10 to Sec. 82.13.
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PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
11. The authority citation for part 92 would continue 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 2.17, 2.51, and 371.2(d).
12. The heading for part 92 would be revised to read as follows:
PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS.
Sec. 92.104 [Amended]
13. Section 92.104 would be 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]
14. In Sec. 92.106, paragraph (c)(7)(iii), Cooperative and Trust
Fund Agreement Between __________ (Name of Operator) and the United
States Department of Agriculture, Animal and Plant Health Inspection
Services, paragraph (A)(17) would be amended by removing the words
``velogenic viscerotropic Newcastle disease'' and adding in their place
the words ``exotic Newcastle disease''.
Sec. 92.209 [Amended]
15. In Sec. 92.209, paragraph (a)(2) would be redesignated as
paragraph (b) and would be amended by removing the words
``viscerotropic velogenic Newcastle disease'' and adding in their place
the words ``exotic Newcastle disease'', and paragraph (a)(1) would be
redesignated as paragraph (a).
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
16. The authority citation for part 94 would continue 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 2.17, 2.51, and 371.2(d).
17. The heading for part 94 would be revised to read as follows:
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.
18. In Sec. 94.0, the definition of Exotic Newcastle disease (VVND)
would be removed and a definition of Exotic Newcastle disease (END)
would be 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]
19. Section 94.6 would be amended as follows:
a. The term ``VVND'' would be removed and the term ``END'' would be
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'' would be
removed and the term ``END'' would be 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
20. The authority citation for part 161 would continue 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 2.17, 2.51,
and 371.2(d).
Sec. 161.2 [Amended]
21. In Sec. 161.2, paragraph (d)(6) would be 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 22nd day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15635 Filed 6-27-94; 8:45 am]
BILLING CODE 3410-34-P
