Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in Poultry

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.

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

\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.

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

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).

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

\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.

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

(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;

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

\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.

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

(9) The individual to whom the permit is issued allows Federal

representatives and State representatives to examine the birds at any

time until they are declared free of END by either a Federal

veterinarian or a State veterinarian;

(10) Within 24 hours of a bird's dying or showing clinical signs of

sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled

feathers, or lack of appetite), the individual to whom the permit is

issued notifies the Veterinarian in charge or the State animal health

official\4\ in the State to which the birds are moved; and

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

\4\The location of the Veterinarian in charge or the State

animal health official may be obtained by writing to 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.

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

(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\

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

\5\A list of recognized slaughtering establishments in any State

may be obtained from a Federal representative, the State animal

health official, or a State representative.

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

(6) 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\

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

\6\See footnote 5.

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

(2) The dressed carcasses are accompanied by a permit obtained in

accordance with Sec. 82.11;

(3) The dressed carcasses are moved in a means of conveyance either

under official seal or accompanied by a Federal representative;

(4) The dressed carcasses are not unloaded until their arrival at

the destination listed on the permit required by paragraph (b)(2) of

this section;

(5) The dressed carcasses are moved, without stopping, to the

destination listed on the permit required by paragraph (b)(2) of this

section, except for normal traffic conditions, such as traffic lights

and stop signs; and

(6) Copies of the permit accompanying the dressed carcasses

interstate are submitted so that a copy is received by the State animal

health official and the Veterinarian in charge for the State of

destination within 72 hours of the arrival of the dressed carcasses at

the destination listed on the permit required by paragraph (b)(2) of

this section.

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.

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

(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.

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

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.

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

\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.

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

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;

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

\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.

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

\2\See footnote 4 of Sec. 82.5.

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

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.

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

\3\See footnote 10 to Sec. 82.13.

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

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