[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Rules and Regulations]
[Pages 40008-40010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19997]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 145
[Docket No. 97-043-2]
National Poultry Improvement Plan; Special Provisions for Ostrich
Breeding Flocks and Products
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the National Poultry Improvement Plan (the
Plan) to provide for the participation of ostrich breeding flocks in
the provisions of the Plan. The addition of provisions for ostrich
breeding flocks to the Plan was voted on and approved by the voting
delegates at the Plan's 1996 National Plan Conference. Adding
provisions for ostriches to the Plan will make it possible for the
owners of ostrich flocks to voluntarily participate in the Plan's
programs for the prevention and control of egg-transmitted, hatchery-
disseminated poultry diseases.
EFFECTIVE DATE: August 26, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior
Coordinator, Poultry Improvement Staff, National Poultry Improvement
Plan, Veterinary Services, APHIS, USDA, 1498 Klondike Road, Suite 200,
Conyers, GA 30094-5104; (770) 922-3496; E-mail: arhorer@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The National Poultry Improvement Plan (referred to below as ``the
Plan'') is a cooperative Federal-State-industry mechanism for
controlling certain poultry diseases. The Plan consists of a variety of
programs intended to prevent and control egg-transmitted, hatchery-
disseminated poultry diseases. Participation in all Plan programs is
voluntary, but flocks, hatcheries, and dealers must qualify as U.S.
Pullorum-Typhoid Clean before participating in any other Plan program.
Also, the regulations in 9 CFR part 82, subpart C, 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, require that no hatching eggs or newly hatched
chicks from egg-type chicken breeding flocks may be moved interstate
unless they are classified U.S. S. Enteritidis Monitored under the
Plan, or they meet the requirements of a State classification plan that
the Administrator of the Animal and Plant Health Inspection Service
(APHIS) has determined to be equivalent to the Plan, in accordance with
9 CFR 145.23(d).
The Plan identifies States, flocks, hatcheries, and dealers that
meet certain disease control standards specified in the Plan's various
programs. As a result, customers can buy poultry that has tested clean
of certain diseases or that has been produced under disease-prevention
conditions.
The regulations in 9 CFR part 145 (referred to below as the
regulations) contain the general provisions of the Plan (subpart A,
Secs. 145.1 through 145.14) and special provisions regarding the
participation of breeding flocks of egg-type chickens (subpart B,
Secs. 145.21 through 145.24), meat-type chickens (subpart C,
Secs. 145.31 through 145.34), turkeys (subpart D, Secs. 145.41 through
145.44), and waterfowl, exhibition poultry, and game birds (subpart E,
Secs. 145.51 through 145.54).
On March 12, 1998, we published in the Federal Register (63 FR
12036-12040, Docket No. 97-043-1) a proposal to amend the regulations
to add a new subpart F to provide for the participation of ostrich
breeding flocks and their products. That proposed amendment had been
recommended by the voting delegates to the National Plan Conference
that was held from June 30 to July 2, 1996.
We solicited comments concerning our proposal for 60 days ending
May 11, 1998. We did not receive any comments. Therefore, for the
reasons given in the proposed rule, we are adopting the proposed rule
as a final rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866
[[Page 40009]]
and, therefore, has not been reviewed by the Office of Management and
Budget.
This rule amends the Plan to provide for the participation of
ostrich breeding flocks in the provisions of the Plan. Adding
provisions for ostriches to the Plan will make it possible for the
ostrich flocks to voluntarily participate in the Plan's programs for
the prevention and control of egg-transmitted, hatchery-disseminated
poultry diseases. The changes contained in this document are based on
the recommendations of representatives of member States, hatcheries,
dealers, flockowners, and breeders who took part in the Plan's 1996
National Plan Conference.
The Plan serves as a ``seal of approval'' for egg and poultry
producers in the sense that tests and procedures recommended by the
Plan are considered optimal for the industry. In all cases, the changes
have been generated by the industry itself with the goal of reducing
disease risk and increasing product marketability.
According to industry estimates, there were approximately 350,000
to 500,000 ostriches of all ages in the United States in 1995. There
were approximately 371,000 ostrich chicks hatched during the same
period. In comparison, within the chicken industry, about 8,324 million
chicks (broiler and meat type) were hatched by commercial hatcheries,
with a total value to the poultry industry was about $17.2 billion in
1995. Thus, the ostrich industry, in comparison to the rest of the
poultry industry, is very small.
Although participation in the Plan is voluntary, 99 percent of
poultry breeders and hatcheries are participants in the Plan and
benefit from various aspects of the program. There are several economic
and other advantages that will accrue to ostrich breeders and
hatcheries if they participate in the Plan as a result of this rule.
If the bulk of ostrich producers participate in the Plan, their
implementation of the Plan's management practices can be expected to
raise, or at least maintain, the level of health of ostriches in the
United States. Wide membership will also provide a voice for the
ostrich industry with regard to regulatory control of infectious
poultry diseases that affect ostriches.
Allowing ostrich flocks to participate in the Plan may validate the
ostrich industry in the eyes of the public and of the agricultural
industry as whole, so participating flockowners could anticipate some
potential advancement in the marketability of ostriches and ostrich
products throughout the country. To those interested in acquiring
ostriches or their products, it may be reassuring to know that these
are from breeders and hatcheries that are participants in the Plan.
Similarly, overseas importers may be more at ease knowing the ostriches
and products are derived from flocks that are part of the Plan. We
believe that it will be advantageous to those who raise ostriches and
to the poultry industry as a whole, as well as to APHIS, that as many
producers of poultry and poultry products, including ostriches,
participate in the Plan and follow the standards developed and
practiced by Plan participants.
Because participation in any Plan program is voluntary, individuals
are likely to continue in the program only as long as the benefits they
receive from the program outweigh the costs of their participation.
Tests and procedures recommended by the Plan are considered optimal for
the industry. Any increased cost to ostrich breeders and hatcheries for
the detection and prevention programs will be minor compared to the
losses that each producer could bear in case of undetected disease
spread. Furthermore, the number of birds required to be tested is small
compared to the size of flocks within the industry. The costs of
conducting tests, as well as the cost of specific antigens used to
detect specific diseases, are modest. For example, the cost of
performing Pullorum-Typhoid plate test averages between $0.04 and $0.08
per bird. The cost of Mycoplasma gallisepticum plate test antigen is
$0.10 per plate test, while the cost of antigen for each pullorum-
typhoid plate test is $0.08. In many States, pullorum testing is
provided for free. Although the cost for the laboratory testing of
blood samples from ostriches will not differ significantly from the
cost of testing blood samples from other poultry, the process of
obtaining blood samples from ostriches may require more resources than
for other birds. Applying these costs to the small sizes of the ostrich
flocks, and comparing the total potential losses that individual
producers could incur as a result of the loss of some or all of their
flock due to disease, the cost of testing a small number of birds would
be minor.
Because participation in the Plan is not mandatory, it is not clear
how many owners of ostriches will join the program. However, there are
about 7,380 flockowners, owning on average between 50 and 70 ostriches
each, who may potentially join. The potential entry of the ostrich
flocks into the Plan is not be expected to change the supply and demand
conditions in the market for poultry of any type, including ostriches;
as a result, changes in prices are not anticipated. Finally, since the
additional costs will be minor and could be expected to be balanced out
by the benefits, we have concluded that this rule is unlikely to have
any significant impact on producers or consumers. Including ostrich
flocks in the Plan will not likely result in any significant change in
program operations.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this rule have been approved by
the Office of Management and Budget (OMB) under OMB control number
0579-0007.
List of Subjects in 9 CFR Part 145
Animal diseases, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 145 is amended as follows:
PART 145--NATIONAL POULTRY IMPROVEMENT PLAN
1. The authority citation for part 145 continues to read as
follows:
Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 145.1 [Amended]
2. In Sec. 145.1, the definition of poultry is amended by adding
the word ``ostriches,'' immediately after the word ``turkeys,''.
[[Page 40010]]
Sec. 145.3 [Amended]
3. In Sec. 145.3, in the introductory text of paragraph (c), the
second sentence is amended by adding the words ``or, in the case of
ostriches, before the birds reach 20 months of age'' immediately after
the word ``age''.
Sec. 145.5 [Amended]
4. In Sec. 145.5, paragraph (c) is amended by removing the words
``or E'' and adding the words ``E, or F'' in their place.
Sec. 145.10 [Amended]
5. In Sec. 145.10, the introductory text of the section is amended
by removing the words ``or E'' and adding the words ``E, or F'' in
their place, and paragraph (b) is amended by removing the words ``and
Sec. 145.53(b)'' and adding the words ``Sec. 145.53(b), and
Sec. 145.63(a)'' in their place.
Sec. 145.14 [Amended]
6. In Sec. 145.14, in the introductory text of the section, the
first sentence is amended by adding the words ``, and ostriches blood
tested under subpart F must be more than 12 months of age'' immediately
after the word ``first''.
7. In Sec. 145.14, paragraph (a)(5) is amended by removing the
words ``and 145.53'' and adding the words ``, 145.53, and 145.63'' in
their place.
8. A new subpart F is added to read as follows:
Subpart F--Special Provisions for Ostrich Breeding Flocks and Products
145.61 Definitions.
145.62 Participation.
145.63 Terminology and classification; flocks and products.
Subpart F--Special Provisions for Ostrich Breeding Flocks and
Products
Sec. 145.61 Definitions.
Except where the context otherwise requires, for the purposes of
this subpart the following terms shall be construed, respectively, to
mean:
Ostrich. Birds of the species Struthio camelus, including all
subspecies and subspecies hybrids.
Sec. 145.62 Participation.
Participating flocks of ostriches, and the eggs and chicks produced
from them, shall comply with the applicable general provisions of
subpart A of this part and the special provisions of this subpart.
(a) Started poultry shall lose their identity under Plan
terminology when not maintained by Plan participants under the
conditions prescribed in Sec. 145.5(a).
(b) Hatching eggs produced by primary breeding flocks shall be
fumigated or otherwise sanitized (see Sec. 147.22 of this chapter).
Sec. 145.63 Terminology and classification; flocks and products.
Participating flocks, and the eggs and baby poultry produced from
them, that have met the respective requirements specified in this
section may be designated by the following terms and their
corresponding designs illustrated in Sec. 145.10.
(a) U.S. Pullorum-Typhoid Clean. A flock in which freedom from
pullorum and typhoid has been demonstrated to the Official State Agency
under the criteria in paragraph (a)(1) or (a)(2) of this section. (See
Sec. 145.14(a) relating to the official blood test for pullorum-typhoid
where applicable.)
(1) It has been officially blood tested within the past 12 months
with no reactors.
(2) It is a multiplier or primary breeding flock in which a sample
of each bird in flocks of 30 or fewer birds, a minimum of 30 birds from
flocks up to 300 birds, or 10 percent of all birds from flocks
exceeding 300 birds has been officially tested for pullorum-typhoid
within the past 12 months with no reactors: Provided, That a
bacteriological examination monitoring program for ostriches acceptable
to the Official State Agency and approved by the Service may be used in
lieu of annual blood testing: And provided further, That when a flock
is a multiplier breeding flock located in a State which has been deemed
to be a U.S. Pullorum-Typhoid Clean State for the past 3 years, and
during which time no isolation of pullorum or typhoid has been made
that can be traced to a source in that State, a bacteriological
examination monitoring program or a serological examination monitoring
program acceptable to the Official State Agency and approved by the
Service may be used in lieu of annual blood testing.
(b) [Reserved]
Done in Washington, DC, this 22nd day of July 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-19997 Filed 7-24-98; 8:45 am]
BILLING CODE 3410-34-P
