Exotic Newcastle Disease in Birds and Poultry; Chlamydiosis in Poultry

SUMMARY: We are revising completely the regulations concerning exotic

Newcastle disease in birds and poultry, and psittacosis or ornithosis

in poultry. We reviewed part 82 as part of our ongoing review of

existing regulations, and have determined that a complete revision of

subpart A is necessary. Revising the regulations will make them easier

to understand, thereby increasing compliance with the regulations, and

will make them more effective in preventing the interstate spread of

these diseases. We are also amending other parts to reflect the

amendments we are making to part 82.

EFFECTIVE DATE: December 5, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff

Veterinarian, Import/Export Animals Staff, National Center for Import-

Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,

(301) 734-5097.

SUPPLEMENTARY INFORMATION:

Background

Part 82

The regulations in 9 CFR part 82, subpart A, restrict the

interstate movement of certain poultry, birds, and other items from

premises and areas quarantined because of exotic Newcastle disease, and

psittacosis or ornithosis.1 These regulations are designed to

prevent the interstate spread of these contagious, infectious, and

communicable diseases of birds and poultry, which could devastate the

United States poultry industry.

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\1\ Psittacosis and ornithosis are two different names for the

same disease. However, ``psittacosis'' commonly refers to the

disease in humans and birds and ``ornithosis'' refers to the disease

in poultry.

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On June 28, 1994, the Animal and Plant Health Inspection Service

(APHIS) published in the Federal Register (59 FR 33214-33233, Docket

No. 87-090-1) a proposal to amend the regulations by revising

completely the regulations in subpart A. The proposal to revise subpart

A was the result of a review of the exotic Newcastle disease and

psittacosis/ornithosis regulations we conducted in accordance with our

regulatory review plan, which provides for ongoing review of existing

regulations.

We solicited comments concerning our proposal for 60 days ending

August 29, 1994. Among the comments we received was a request for an

extension of the comment period. In response to this request, we

published a notice in the Federal Register on September 30, 1994 (59 FR

49865, Docket No. 87-090-2) reopening and extending the comment period

until November 29, 1994. We received a total of seven comments by

November 29, 1994. They were from representatives of a poultry industry

council, an exhibitor association, academia, a conservation society, an

industry advisory association, a veterinary medical association, and a

State department of agriculture. We discuss below each of the issues

the commenters raised. In discussing the comment issues, we have

divided them into those that address only exotic Newcastle disease

(END), those that address only chlamydiosis, and those that address

part 82 as a whole.

Comments Addressing Exotic Newcastle Disease (END)

In the current regulations, exotic Newcastle disease is defined as

``the exotic viscerotropic type of Newcastle disease, a contagious,

infectious, and communicable disease of poultry.'' In our proposed

rule, we proposed to amend the definition of exotic Newcastle disease

to mean ``any velogenic Newcastle disease.'' One commenter requested

further clarification of the reason for the proposed change. Another

commenter asked us to reconsider this proposed change, expressing

concern that the revised definition would apply to neurotropic

velogenic Newcastle disease, and stating that neurotropic velogenic

Newcastle disease is not exotic and may be less transmissible than

velogenic viscerotropic Newcastle disease.

We are making no changes to the proposed regulations as a result of

these comments. As we discussed in our proposal, ``velogenic'' refers

to the severity of the strain of the virus in question. If there were

an outbreak of any velogenic Newcastle disease in the United States, it

would be treated in the same way as velogenic viscerotropic Newcastle

disease. This would include neurotropic velogenic Newcastle disease. We

disagree that neurotropic velogenic Newcastle disease should not be

considered an exotic disease. There are currently no known incidences

of this disease in the field in the United States, and there have been

a very limited number of incidences in the past. We believe that any

case of a velogenic Newcastle disease has the potential of causing a

serious outbreak with severe economic losses, and must be dealt with in

the same way as velogenic viscerotropic Newcastle disease.

One commenter expressed concern with Sec. 82.2 of our proposal,

which provided in part that clinical evidence would be one of the

factors considered in determining whether birds or poultry are infected

with END. The commenter stated that because the clinical signs of END

can mimic those of avian influenza, END should not be considered to

exist until at least one signal case has been diagnosed in the

immediate area and has been confirmed with diagnostic tests.

We are making no changes based on this comment. According to

standard protocol, END is considered to exist in an area after an

initial case has been confirmed through laboratory diagnosis. However,

once such a confirmation has been made, it is possible, and often

necessary in effectively controlling an outbreak, to rely on disease

diagnosis through clinical and/or exposure factors.

[[Page 56878]]

Several commenters expressed concern that although the proposed

regulations included special provisions for the interstate movement of

pet birds in the event of an outbreak of END, there were no similar

provisions for the movement of zoological or avicultural birds. As

proposed, birds and poultry other than pet birds could move interstate

only to slaughter. We agree that special provisions need to be made for

birds that are not pet birds and that are not known to be infected with

or exposed to END, and we are including such provisions in Sec. 82.5(b)

of this final rule. Under these provisions, birds other than pet birds

that are moved interstate from an area quarantined due to END would be

subject to the same restrictions as poultry, except that they would not

be required to be moved to slaughter.

Several commenters expressed concern with the provision in proposed

Sec. 82.3 that stated that less than an entire State will be designated

as a quarantined area only if the State enforces restrictions on

intrastate movements from the quarantined area that are at least as

stringent as the APHIS regulations. One commenter stated that such a

quarantine of an entire State would affect all zoos and aviculturists

within the State. Another commenter recommended that, instead of

quarantining an entire State when that State's requirements are not as

stringent as APHIS's, the regulations should prohibit interstate or

intrastate movement from a quarantined area unless the Federal

requirements in part 82 of the regulations are met.

We are making no changes based on these comments. As discussed

above, we are making provision for the interstate movement of

zoological and avicultural birds, which would allow for movement of

such birds even from a State that has been quarantined in its entirety.

Further, APHIS's regulatory authority does not extend to intrastate

movement unless the Secretary has declared an ``extraordinary

emergency'' in a particular State. Extraordinary emergencies

historically have been declared only rarely, in those cases where the

Secretary, in consultation with the governor of the State, has

determined that the State is unable to take adequate measures to

control a disease outbreak. In most cases, it has not been necessary

for the Secretary to declare an extraordinary emergency because the

State in question has implemented control measures at least as

stringent as those established by APHIS.

One commenter recommended that the regulations contain a provision

exempting the eggs of zoological and avicultural birds from cleaning

and sanitizing requirements for interstate movement. We are making no

changes based on this comment. The provisions in Sec. 82.9 of the

proposal for hatching eggs contained no requirements for cleaning and

sanitization. Such requirements applied only to eggs other than

hatching eggs.

One commenter asked whether the sanitization of eggs other than

hatching eggs required by proposed Sec. 82.8 would include sanitization

by spraying. As proposed and made final in this document,

Sec. 82.8(a)(1) requires that eggs other than hatching eggs to be moved

interstate from a quarantined area be cleaned and sanitized in

accordance with 7 CFR part 59, which consists of regulations

promulgated by the Agricultural Marketing Service, USDA. In Sec. 59.16

of those regulations, a procedure for sanitization by spraying with a

mixture of clorine or its equivalent and potable water is described.

Section 82.10 of the proposed rule provided that equipment used in

a quarantined area in the handling of birds or poultry or their eggs,

or in the handling of manure generated by or litter used by the birds

or poultry, must be made of hard plastic or metal to be moved

interstate, and must be cleaned and disinfected after such movement.

One commenter recommended that the regulations allow for the use of

equipment made from materials such as cardboard, fiber, and waxed

cardboard, provided such equipment is disposed of after use, preferably

by incineration. We agree with the commenter that if such equipment has

been previously unused, and is disposed of by incineration without

being reused after interstate movement, it will not pose a risk of

spreading the END virus. Therefore, we are providing for such use under

Sec. 82.10(b)(2) of this rule.

Section 82.14 of the proposed rule, among other things, described

ways manure and litter could be disposed of in order for an area to

qualify for removal from quarantine. The methods of disposal included

burial, composting, and spreading and turning under. One commenter

stated that the proposed conditions for spreading and turning under

were less stringent than those for burial and composting, and expressed

concern that disposing of manure and litter through spreading and

turning under could allow for transmission of END. We consider the

spreading and turning under of manure or litter as prescribed in the

proposed rule to be adequate to prevent the dissemination of END.

Properly carried out, spreading manure or litter dilutes the manure or

litter to such an extent that pockets of END contamination are

eliminated. The procedures for burying and composting litter and manure

are more stringent than those for spreading and turning under, because

burial or composting is generally done when the manure or litter

contains dead birds or poultry. As we noted above, however, spreading

and turning must be properly carried out to be effective. Therefore, we

are adding a provision to Sec. 82.14(e)(3) that manure and litter may

be disposed of by spreading and turning under only if carried out under

the direct supervision of a Federal representative or a State

representative.

One commenter requested clarification of the criteria we would use

in quarantining an area for END. Proposed Sec. 82.3(a) reads in part

that ``(a)ny area where birds or poultry infected with END are located

will be designated as a quarantined area. A quarantined area is any

geographical area . . . deemed by epidemiological evaluation to be

sufficient to contain all birds or poultry known to be infected with or

exposed to END.'' The commenter recommended that the regulations make

clear that exposed birds and poultry would be included in a quarantined

area. We believe the proposal as written conveys our intent, and we are

making no changes based on the comment. As stated in the proposed

regulations, in the event of an END outbreak, we will establish a

quarantined area based on the existence of infected birds or poultry in

the area. However, once infected birds or poultry are determined to

exist in an area, the boundaries of the quarantined area will be drawn

to encompass any birds or poultry that are considered to have been

exposed to the disease agent.

In several different sections of the proposed rule, the regulations

regarding the interstate movement from a quarantined area of regulated

articles require that a copy of the permit necessary for such movement

be submitted so that it is received by both the State animal health

official and the veterinarian in charge in the State of destination

within 72 hours of arrival. One commenter stated that the availability

of technology such as facsimile machines allows for quicker

notification, and that a period shorter than 72 hours should be

required for submission of a permit. We are making no changes based on

this comment. Although we agree that timely notification of the

interstate movement of regulated articles is important, and that such

notification can be made in less than 72 hours in most cases, we

[[Page 56879]]

consider it incorrect to assume that all persons moving regulated

articles interstate have the capability to do so in significantly less

than 72 hours. We continue to consider 72 hours adequate time for

notification.

Proposed Sec. 82.9(c) included the requirement that hatching eggs

moved interstate from a quarantined area be held at a designated

premises, and that birds and poultry hatched from the eggs be held at

the premises for at least 30 days after hatch. One commenter objected

to the additional proposed provision that, during the holding period,

the eggs and any birds or poultry hatched from the eggs would be

subject to any inspections, disinfections, and tests as may be required

by the Administrator to determine their freedom from END. The commenter

stated that affected entities should know in advance what may be

required. We are making no changes based on this comment. The provision

in question was included in the regulations because, although we

anticipate that such inspections, disinfections, and tests will in most

cases not be necessary, we consider it important to provide the

Administrator with the discretion to respond to currently unforeseen

situations.

One commenter recommended that the provisions in proposed Sec. 82.5

state that owners moving pet birds interstate from a quarantined area

will be provided with the names and addresses of Federal and State

officials in the State where they are taking their pet birds.

Currently, a footnote to Sec. 82.4 of the existing regulations

indicates that such information will be provided to owners of pet

birds. We are making no changes based on this comment. The regulations

as proposed contain a footnote that indicates where owners of pet birds

can obtain the names of appropriate Federal and State officials. While

this information does not preclude APHIS otherwise supplying the

necessary information to owners, it provides owners with several

options for securing the information.

Comments Addressing Chlamydiosis (Psittacosis or Ornithosis)

One commenter stated that chlamydiosis should not be a matter for

Federal regulation. The commenter expressed the belief that the

uncommon and sporadic appearance of the clinical disease among poultry

species reflects far more significantly the wide range of toxigensis

among strains of the agent than the presence or absence of the agent.

The commenter stated that endemic infection with the chlamydiosis agent

is widespread among both mammalian and avian species, and that

epidemiologic investigation of disease in poultry has not implicated

exotic pet birds, interstate movement of poultry, or spread between

ranches.

We are making no changes based on this comment. We disagree that

chlamydiosis should not be a matter for Federal regulation. Under 21

U.S.C. 111, 114, and 114a, the Secretary of Agriculture is authorized

to establish such regulations and take such measures as he or she deems

necessary to prevent the introduction or dissemination of any

contagious, infectious, or communicable disease of animals and/or

poultry from a foreign country into the United States or from one State

or Territory to another. Historically, the Department has taken

regulatory action when the disease manifested itself in commercial

poultry flocks.

One commenter recommended that, as a safeguard against

chlamydiosis, the regulations should require that imported psittacine

birds be treated for 45 days with antibiotics. We are making no changes

based on this comment. Currently, birds imported into the United States

are required to be quarantined for 30 days. During the 30-day

quarantine, the birds are treated with antibiotics, and we recommend to

their owners that the treatment be continued for an additional 15 days.

We consider this practice a practicable alternative to extending the

quarantine beyond 30 days.

One commenter recommended that, in order to control chlamydiosis

more effectively, the regulations should require psittacine birds to be

identified with legbands to facilitate traceback and reduce smuggling.

We are making no changes based on this comment. Our regulations for

importing birds, contained in 9 CFR part 92, already require that

imported birds be legbanded while in quarantine (see

Sec. 92.106(c)(3)(ii)(E)). We do not consider it practicable or

enforceable to require legbanding of birds that are to be moved

interstate.

Other Comments

In the explanatory information of our proposal, we indicated that

we were proposing to reorganize part 82 by dividing it into three

subparts, rather than the existing two. In our proposal, we discussed

two of the proposed three subparts--those pertaining to exotic

Newcastle disease and chlamydiosis. One commenter requested that we

also discuss the third subpart. As we explained in our proposal, the

third subpart, subpart C, would contain the Salmonella enteriditis

serotype enteriditis regulations. Because we proposed no changes to

those regulations, we did not consider it necessary to discuss them in

the proposed rule.

Several commenters addressed issues outside the scope of the

proposal, including whether APHIS personnel resources would be

sufficient to carry out the regulations. Although we are making no

changes based on these comments, we have carefully reviewed all

comments.

Part 53--Definitions

Part 53 of title 9, Code of Federal Regulations, concerns, among

other things, the payment of indemnity for poultry and materials

destroyed because of contamination by or exposure to END.

In our proposal rule, we proposed to revise the definition of

disease in part 53 to remove outdated references and to add a

description, within that definition, of ``highly pathogenic avian

influenza.'' In this final rule, we are removing the description of

``highly pathogenic avian influenza'' from the definition of disease

and, instead, separately defining the term ``highly pathogenic avian

influenza to reflect the latest technical information about this

disease. Under this final rule, ``highly pathogenic avian influenza''

is defined as (1) any influenza virus that kills at least 75 percent of

eight 4- to 6-week-old susceptible chickens within 10 days following

intravenous inoculation with 0.2 ml of a 1:10 dilution of a bacteria-

free, infectious allantoic fluid; or (2) any H5 or H7 virus that does

not meet the criteria in paragraph (1) of this definition, but has an

amino acid sequence at the hemagglutinin cleavage site that is

compatible with highly pathogenic avian influenza viruses; or (3) any

influenza virus that is not an H5 or H7 subtype and that kills one to

five chickens and grows in cell culture in the absence of trypsin.

Additionally, to maintain consistency with the terminology used in

the definition of disease in Sec. 53.1, we are removing a reference to

``lethal avian influenza'' in Sec. 53.2(b) and replacing it with the

term that is defined, ``highly pathogenic avian influenza.''

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the proposed rule with the

changes discussed above.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has

[[Page 56880]]

been determined to be not significant for purposes of Executive Order

12866 and, therefore, has not been reviewed by the Office of Management

and Budget.

In accordance with 5 U.S.C. 604, we have performed a Final

Regulatory Flexibility Analysis regarding the impact of this rule on

small entities.

Regulatory Authority

In accordance with 21 U.S.C. 111-113, 114a, 115, 117, 120, 123, and

134a, the Secretary of Agriculture has the authority to promulgate

regulations and take measures to prevent the introduction into the

United States and the interstate dissemination within the United States

of communicable diseases of livestock and poultry, and to pay claims

growing out of the destruction of animals. Animal health regulations

promulgated by the Department under this authority include those

regarding END and chlamydiosis in 9 CFR part 82, and those regarding

payment of claims in 9 CFR part 53.

Background

Chlamydiosis

Sporadic outbreaks of chlamydiosis in commercial poultry flocks

have occurred in the United States over the past decade. APHIS, working

with State cooperators, has successfully eliminated chlamydiosis on

each occasion. This rule includes only minor changes related to

chlamydiosis, specifically the addition of a requirement for a permit

or special permit to move certain items interstate. We consider these

documents necessary to allow the Department to better monitor the

interstate movement of the items moved. However, the economic impact

from these requirements will be negligible.

Statement of Need for Regulatory Changes Regarding END

Beginning with the successful conclusion of the southern California

END emergency eradication program in 1974 (see discussion below), the

U.S. poultry and egg industries have become increasingly vertically

integrated. This vertical integration has led to further concentration

of poultry and egg production in specific geographic regions of the

United States. With large numbers of poultry facilities operating in

close proximity to each other, there is an increased opportunity for

another major END outbreak. The existing END regulations were drafted

prior to the increased level of industry concentration, and they

require revisions to reflect the changes that have taken place. APHIS

considers the revisions in this final rule to be necessary despite the

widespread adoption of vaccination and biosecurity practices by

commercial poultry producers since the 1971-1974 END outbreak. The

current value of the domestic poultry and egg industry is estimated to

be about $18.6 billion. Broiler production accounts for 63 percent of

total production, followed by eggs (21 percent), turkeys (15 percent),

and other chicken production (1 percent). Therefore, we consider the

changes to the existing END regulations necessary due to the dynamic

nature of the disease and its continued potential to devastate an

important sector of U.S. agriculture.

Exotic birds are capable of transmitting the END virus to

commercial poultry and egg flocks. Under the existing provisions, APHIS

routinely refuses entry of entire shipments of imported birds when the

END virus is detected. The importer is given a disposal order and has

72 hours to remove the birds from the United States or have them

euthanized. In the past two decades, the domestic exotic bird industry

has changed. Domestic production has intensified for those exotic

species that can be readily bred in captivity. The Wild Bird

Conservation Act of 1992 drastically reduced the number of exotic birds

imported into the United States, from slightly under 1 million birds a

year to less than 100,000 a year. Only those species of birds exempt

from this Act may be imported. Illegal importation of exotic bird

species continues to be an avenue for the introduction of END into the

United States.

Changes to END Regulations

In the absence of an END outbreak, the regulatory changes will have

a negligible impact on the domestic poultry and exotic bird industries.

The END revisions will strengthen APHIS's ability to prevent the

interstate spread of END in the event of a domestic outbreak, and in

some cases relieve certain restrictions. The changes include new

requirements for removing an area from quarantine; specific provisions

for moving birds that are not known to be infected with or exposed to

END out of a quarantined area; new provisions regarding the interstate

movement of manure and litter from a quarantined area; and new

provisions regarding the interstate movement of cages, coops, and

equipment from a quarantined area. A brief overview of these new END

regulations is as follows:

1. Interstate movement from a quarantined area is prohibited for

each of the following: (1) Live birds and poultry infected with or

exposed to END; (2) eggs from birds or poultry infected with END; (3)

hatching eggs from birds or poultry exposed to END; (4) litter used by

or manure generated by birds and poultry infected with END; and (5)

dead birds and poultry, including any parts of the birds and poultry,

infected with END.

2. An area will be removed from quarantine when all: (1) Birds and

poultry infected with END in the quarantined area have been euthanized

and all dead birds and poultry within the quarantined area have been

buried, reduced to ashes by incineration, reduced to dust by

composting, or rendered; (2) birds and poultry exposed to END have been

found to be free of END: (3) eggs produced by birds or poultry infected

with or exposed to END in the quarantined area have been buried,

reduced to ashes by incineration, or rendered; (4) manure produced by

or litter used by birds or poultry infected with or exposed to END in

the quarantined area has been reduced to ashes by incineration, or has

been buried, composted, or spread on a field and turned under; (5)

vehicles with which birds and poultry infected with or exposed to END

or their excrement or litter have had physical contact have been

cleaned and disinfected; (6) cages, coops, containers, troughs, and

other equipment used for birds or poultry infected with or exposed to

END, or their excrement or litter, have been reduced to ashes by

incineration or have been cleaned and disinfected in accordance with 9

CFR part 71; and (7) the premises where birds or poultry infected with

or exposed to END were located have been cleaned and disinfected in

accordance with 9 CFR part 71.

3. Replacement birds and poultry will not be allowed to be placed

in quarantined areas until the Administrator decides that END has been

eradicated and that replacement birds and poultry would not become

infected with END.

4. Eggs, other than hatching eggs, from birds and poultry not known

to be infected with END may be moved interstate from a quarantined area

under the following conditions: (1) A permit has been obtained and the

eggs are accompanied by the permit; (2) the eggs have been cleaned and

sanitized in accordance with 7 CFR part 59; (3) the eggs are packed

either in flats or cases that have not been used before, or in used

plastic flats or cases that were first cleaned and sanitized in

accordance with 9 CFR part 71, and any of the flats and cases intended

for reuse are cleaned and sanitized in accordance with 9 CFR part 71

before being moved to a

[[Page 56881]]

premises where birds or poultry are kept; (4) the eggs are moved

interstate to a processing facility where they are inspected to ensure

they are cleaned and sanitized; and (5) a copy of the permit is

submitted to the State animal health official and the veterinarian in

charge for the State of destination.

5. Hatching eggs from birds and poultry not known to be infected

with or exposed to END may be moved interstate from a quarantined area

under the following conditions: (1) A permit is obtained and the

hatching eggs are accompanied by the permit; (2) birds or poultry from

the eggs are held in the State of destination for not less than 30 days

after hatching, at a premises designated jointly by the veterinarian in

charge and the State animal health official; and (3) a copy of the

permit accompanying the hatching eggs is submitted so that it is

received by both the State animal health official and the veterinarian

in charge for the State of destination within 72 hours of the arrival

of the hatching eggs at the premises where they are to be held.

6. Pet birds may be moved interstate from a quarantined area

provided that, among other provisions: (1) An APHIS permit has been

issued; and (2) the pet birds are not known to be infected with or

exposed to END.

7. Interstate movement from a quarantined area will be permitted

for each of the following only if specified requirements are met: (1)

Live birds and poultry, other than pet birds, that are not known to be

infected with or exposed to END; (2) manure and litter from birds and

poultry exposed to END; (3) manure and litter from birds and poultry

not known to be infected with or exposed to END; (4) new or properly

disinfected cages, coops, containers, troughs, vehicles, or other

equipment used to handle infected or exposed birds and poultry, and

their eggs; (5) dead birds and poultry, including any parts of the

birds and poultry, that are not known to be infected with END.

Potential Economic Impacts

The regulations will enhance APHIS's ability to monitor interstate

movement of birds and poultry from areas quarantined because of END.

Domestic poultry, egg, and exotic bird operations will be impacted only

in the event of an END outbreak. There has not been a major domestic

outbreak of END since an epidemic in southern California in 1971-74.

However, END is periodically detected in isolated pet bird populations.

Smuggled shipments of exotic species are the source of most outbreaks

of END. Historically, APHIS has euthanized all pet birds that are found

within a store in which birds are infected with END. The rule changes

will enable APHIS to be more selective and destroy only those birds and

poultry that have been diagnosed as being infected with END. We expect

that the savings to the industry from this more selective euthanization

will outweigh any additional restrictions that will be imposed by the

rule changes. Domestic entities will not be severely impacted by this

rule unless an END outbreak occurs.

Estimated Economic Impact of a Major END Outbreak

Eliminating END requires the detection of the virus in a flock,

appraisal, and rapid, humane destruction of the infected flocks. It

also requires that all premises that contained infected or exposed

flocks be cleaned and disinfected. Depopulation will not occur until an

appraised value is determined and the owners have signed the

appropriate forms.

At the time of the 1971 END outbreak in southern California, there

were approximately 1,115 commercial poultry and bird flocks in that

part of the State. Commercial flock populations ranged in size from

approximately 1,000 to more than 3.4 million birds and poultry. The

estimated population of birds and poultry in southern California's

commercial operations totaled more than 38.9 million. The average

poultry operation contained approximately 55,000 birds. In southern

California, the poultry industry was dominated by layer operations that

produced table eggs for markets in California and neighboring States.

In addition to commercial flocks, there were approximately 39,960

backyard poultry flocks with a total population of approximately 1

million.

A national animal disease emergency was declared by the Secretary

of Agriculture in March 1972, which placed the eight southernmost

counties in California under quarantine. The last case of END was

diagnosed in June 1973, and surveillance programs continued until July

1974. Eradicating END from the area required the destruction of nearly

12 million infected and exposed birds and poultry. Most of the birds

and poultry depopulated were laying hens. The effort cost approximately

$55 million. Approximately half ($27.5 million) was for indemnities

paid to flock owners for poultry, birds, eggs, and supplies destroyed.

Approximately 91 percent of the depopulated birds and poultry were

commercial layers, followed by 6 percent for pullets and broilers, 1

percent each for turkeys and breeding poultry, and less than 1 percent

each for pigeons, backyard aviaries, game birds, and exotic birds.

Between March 1972 and December 1992, the poultry and bird

population in the original quarantined area decreased from

approximately 38.9 million to 19.1 million. Conversely, the number of

commercial flocks in the 1972 END quarantined area increased from

approximately 1,115 to 1,856 by 1992. The increased number of bird and

poultry flocks since 1972 can be attributed to expansion of the exotic

bird industry. Importers and producers of exotic birds are not as

vertically integrated as poultry producers. More exotic bird operations

also helped to account for decreases in average flock size since 1972.

Additionally, increased urbanization in traditional poultry producing

sections of southern California have forced many poultry operations to

close or relocate.

APHIS estimates that if a similar END outbreak were to occur in

southern California today, up to 5.3 million birds and poultry could be

required to be depopulated, and indemnities totaling $15.1 million

dollars would be paid to producers. Adoption of vaccination and

biosecurity practices by commercial poultry producers in Southern

California since the 1971-1974 END outbreak would likely mitigate total

losses. Newly developed diagnostic techniques should enable APHIS to be

more selective when euthanizing birds and poultry in areas quarantined

because of END. Although this should result in the destruction of fewer

birds and poultry, the actual potential impact of the regulations is

unknown.

Estimated Economic Impact of an Isolated END Outbreak

Under APHIS regulations, all imported birds are quarantined for a

minimum of 30 days to prevent the introduction of foreign animal

diseases, particularly END.

Exotic bird species have been imported into the United States

primarily for use as pets for several decades. During fiscal year 1995,

approximately 85,207 exotic birds were legally imported into the United

States. Only 882 birds were confiscated for illegal entry or animal

health reasons. APHIS estimates the value of the confiscated birds

totaled approximately $8,535 during fiscal year 1995. In addition to

legal importation, exotic bird species are also smuggled into the

United States. Birds are smuggled for a variety of reasons, such as the

avoidance of quarantine costs and illegal importation of prohibited

species. The inherent nature of smuggling makes

[[Page 56882]]

reliable data impossible to obtain. However, APHIS estimates that the

number of smuggled birds entering the United States ranges from 25,000

to 150,000 annually. Smuggling increases the likelihood that domestic

birds and poultry could be exposed to END.

Under this rule, APHIS will use updated diagnostic techniques to

determine which birds have actually been infected with END. This should

permit APHIS to be more selective when euthanasia is necessary.

However, the actual potential effect of the regulations on domestic

exotic bird producers is unknown.

Summary

APHIS estimates that the rule changes for END will, short of a

major END outbreak, have a negligible impact on the daily activities of

domestic poultry and egg producers, and on domestic producers and

importers of exotic birds. If a major outbreak occurs and an

eradication program is initiated, the rule changes will enable APHIS to

effectively prevent the interstate spread of END and to eradicate END.

Modern diagnostic techniques will enable APHIS to determine which birds

have been infected by the END virus. This will likely result in smaller

quantities of euthanized birds and poultry in areas quarantined because

of END. We consider revisions to the END regulations necessary to

ensure that domestic poultry, egg, and exotic bird producers are

protected against any potential END outbreak. APHIS considers these

regulations adequate to deal effectively with a disease outbreak, while

at the same time imposing the minimum possible costs on affected

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this rule. The assessment provides a basis for

the conclusion that the actions required or authorized by this rule

will not present a risk of introducing or disseminating disease agents

and will not have a significant impact on the quality of the human

environment. Based on the finding of no significant impact, the

Administrator of the Animal and Plant Health Inspection Service has

determined that an environmental impact statement need not be prepared.

The environmental assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the

Council on Environmental Quality for implementing the procedural

provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations

implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing

Procedures (7 CFR part 372).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection at USDA, room

1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. Persons wishing to inspect copies are requested to

call ahead on (202) 690-2817 to facilitate entry into the reading room.

In addition, copies may be obtained by writing to the individual listed

under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act

of 1995 (44 U.S.C., 3501 et seq.), the information collection or

recordkeeping requirements included in this final rule have been

approved by the Office of Management and Budget (OMB). The assigned OMB

control number is 0579-0116.

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

List of Subjects

9 CFR Part 53

Animal diseases, Indemnity payments, Livestock, Poultry and poultry

products.

9 CFR Part 71

Animal diseases, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 82

Animal diseases, Poultry and poultry products, Quarantine,

Reporting and recordkeeping requirements, Transportation.

9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk,

Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 161

Reporting and recordkeeping requirements, Veterinarians.

Accordingly, we are amending 9 CFR parts 53, 71, 82, 92, 94, and

161 as follows:

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND

CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

1. The authority citation for part 53 continues to read as follows:

Authority: 21 U.S.C. 111, 114, 114a; 7 CFR 2.22, 2.80, and

371.2(d).

2. Section 53.1 is revised to read as follows:

Sec. 53.1 Definitions.

Administrator. The Administrator, Animal and Plant Health

Inspection Service, or any person authorized to act for the

Administrator.

Animal and Plant Health Inspection Service. The Animal and Plant

Health Inspection Service of the United States Department of

Agriculture (APHIS).

Animals. Livestock, poultry, and all other members of the animal

kingdom, including birds whether domesticated or wild, but not

including man.

APHIS employee. Any individual employed by the Animal and Plant

Health Inspection Service who is authorized by the Administrator to do

any work or perform any duty in connection with the control and

eradication of disease.

Bird. Any member of the class aves other than poultry.

Department. The United States Department of Agriculture.

Disease. Foot-and-mouth disease, rinderpest, contagious

pleuropneumonia, exotic Newcastle disease, highly pathogenic avian

[[Page 56883]]

influenza, or any other communicable disease of livestock or poultry

that in the opinion of the Secretary constitutes an emergency and

threatens the livestock or poultry of the United States.

Exotic Newcastle Disease (END). Any velogenic Newcastle disease.

Exotic Newcastle disease is an acute, rapidly spreading, and usually

fatal viral disease of birds and poultry.

Highly pathogenic avian influenza. (1) Any influenza virus that

kills at least 75 percent of eight 4- to 6-week-old susceptible

chickens within 10 days following intravenous inoculation with 0.2 ml

of a 1:10 dilution of a bacteria-free, infectious allantoic fluid;

(2) Any H5 or H7 virus that does not meet the criteria in paragraph

(1) of this definition, but has an amino acid sequence at the

hemagglutinin cleavage site that is compatible with highly pathogenic

avian influenza viruses; or

(3) Any influenza virus that is not an H5 or H7 subtype and that

kills one to five chickens and grows in cell culture in the absence of

trypsin.

Inspector in charge. An APHIS employee who is designated by the

Administrator to take charge of work in connection with the control and

eradication of disease.

Materials. Parts of barns or other structures, straw, hay, and

other feed for animals, farm products or equipment, clothing, and

articles stored in or adjacent to barns or other structures.

Mortgage. Any mortgage, lien, or other security or beneficial

interest held by any person other than the one claiming indemnity.

Person. Any individual, corporation, company, association, firm,

partnership, society, joint stock company, or other legal entity.

Pet bird. Any bird that is kept for personal pleasure and is not

for sale.

Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves,

pheasants, grouse, partridges, quail, guinea fowl, and pea fowl.

Secretary. The Secretary of Agriculture of the United States, or

any officer or employee of the Department to whom authority has been or

may be delegated to act in the Secretary's stead.

State. Each of the States of the United States, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin

Islands of the United States, or any other territory or possession of

the United States.

3. In Sec. 53.2, paragraph (b), the words ``lethal avian

influenza'' are removed and the words ``highly pathogenic avian

influenza'' are added in their place, and the words ``as referred to in

Sec. 82.2(a) of this chapter, and'' are removed.

PART 71--GENERAL PROVISIONS

4. The authority citation for part 71 continues to read as follows:

Authority: 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126,

134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 71.3 [Amended]

5. In section 71.3, paragraph (a), the phrase ``psittacosis or

ornithosis'' is removed and ``chlamydiosis'' is added in its place.

Sec. 71.7 [Amended]

6. In Sec. 71.7, the heading is revised to read ``Means of

conveyance, facilities, premises, and cages and other equipment;

methods of cleaning and disinfecting.''

7. In Sec. 71.7, paragraph (c), the words ``and alleys'' are

removed and the words ``alleys, cages, and other equipment'' are added

in their place.

8. In Sec. 71.10, the section heading and paragraph (a)

introductory text are revised to read as follows:

Sec. 71.10 Permitted disinfectants.

(a) Disinfectants permitted for use on cars, boats, and other

vehicles, premises, and cages and other equipment are as follows:

* * * * *

PART 82--[AMENDED]

9. The authority citation for part 82 continues to read as follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a,

134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).

10. Part 82 is amended by revising the part heading, removing

subpart A, redesignating subpart B as subpart C, and adding new

subparts A and B to read as follows:

PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY

DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS

Subpart A--Exotic Newcastle Disease (END)

82.1 Definitions.

82.2 Criteria for determining birds or poultry to be infected with,

exposed to, or free from END.

82.3 Quarantined areas.

82.4 General provisions.

82.5 Interstate movement of live birds and live poultry from a

quarantined area.

82.6 Interstate movement of dead birds and dead poultry from a

quarantined area.

82.7 Interstate movement of manure and litter from a quarantined

area.

82.8 Interstate movement of eggs, other than hatching eggs, from a

quarantined area.

82.9 Interstate movement of hatching eggs from a quarantined area.

82.10 Interstate movement of vehicles, cages, coops, containers,

troughs, and other equipment from a quarantined area.

82.11 Issuance of permits.

82.12 Other interstate movements and special permits.

82.13 Denial and withdrawal of permits and special permits.

82.14 Removal of quarantine.

82.15 Replacement birds and poultry.

Subpart B--Chlamydiosis in Poultry

82.19 Definitions

82.20 General restrictions.

82.21 Vehicles, cages, coops, containers, troughs, and other

equipment used for infected poultry.

82.22 Cleaning and disinfecting premises.

82.23 Issuance of permits.

82.24 Other interstate movements and special permits.

82.25 Denial and withdrawal of permits and special permits.

Subpart A--Exotic Newcastle Disease (END)

Sec. 82.1 Definitions.

As used in connection with this subpart, the following terms shall

have the meaning set forth in this section.

Administrator. The Administrator of the Animal and Plant Health

Inspection Service or any individual authorized to act for the

Administrator.

Animal and Plant Health Inspection Service. The Animal and Plant

Health Inspection Service of the United States Department of

Agriculture.

Bird. Any member of the class aves other than poultry.

Dressed carcasses. Carcasses of birds or poultry that have been

eviscerated, with heads and feet removed.

END. Any velogenic Newcastle disease. END is an acute, rapidly

spreading, and usually fatal viral disease of birds and poultry.

Exposed. At risk of developing END because of association with

birds or poultry infected with END, excrement from birds or poultry

infected with END, or other material touched by birds or poultry

infected with END, or because there is reason to believe that

association has occurred with END or vectors of END, as determined by

either a Federal veterinarian or a State veterinarian.

Federal representative. An individual employed and authorized by

the Federal government to perform the tasks required by this subpart.

Federal veterinarian. A veterinarian employed and authorized by the

Federal government to perform the tasks required by this subpart.

Hatching eggs. Eggs in which birds or poultry are allowed to

develop.

[[Page 56884]]

Infected. Affected by the virus or bacterium that causes the

specified disease.

Interstate. From one State into or through any other State.

Known to be exposed. Determined by either a Federal veterinarian or

a State veterinarian to be at risk of developing END because of

association with birds or poultry infected with END, excrement from

birds or poultry infected with END, or other material touched by birds

or poultry infected with END, or because there is reason to believe

that association has occurred with END or vectors of END, as determined

by either a Federal veterinarian or a State veterinarian.

Known to be infected. Determined by either a Federal veterinarian

or a State veterinarian to be affected by the virus or bacterium that

causes the specified disease.

Litter. Material that is used to collect and absorb bodily wastes

from birds or poultry.

Moved. Shipped, transported or otherwise moved, or delivered or

received for movement, by any person.

Official seal. A serially numbered metal or plastic strip,

consisting of a self-locking device on one end and a slot on the other

end, that forms a loop when the ends are engaged and that cannot be

reused if opened, or a serially numbered, self-locking button that can

be used for this purpose.

Person. Any individual, corporation, company, association, firm,

partnership, society, joint stock company, or other legal entity.

Pet bird. Any bird that is kept for personal pleasure and is not

for sale.

Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,

partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.

Recognized slaughtering establishment. Any slaughtering facility

operating under the Federal Meat Inspection Act (21 U.S.C. 601 et

seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or

State meat or poultry inspection acts.

Render. Reduce, convert, or melt down by heating to a temperature

of at least 230 deg.F so that oil is removed.

State. Each of the States of the United States, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin

Islands of the United States, or any other territory or possession of

the United States.

State animal health official. The State official responsible for

livestock- and poultry-disease control and eradication programs.

State representative. An individual employed in animal health work

and authorized by a State or political subdivision of a State to

perform the tasks required by this subpart.

State veterinarian. A veterinarian employed and authorized by a

State or political subdivision of a State to perform the tasks required

by this subpart.

Veterinarian in charge. A Federal veterinarian employed by the

Animal and Plant Health Inspection Service and authorized by the

Administrator to supervise and manage the animal health work of the

Animal and Plant Health Inspection Service in a specified area of the

United States.

Sec. 82.2 Criteria for determining birds or poultry to be infected

with, exposed to, or free from END.

(a) The determination that birds or poultry are infected with END

must be made by either a Federal veterinarian or a State

veterinarian.1 They will base that determination on one or more of

the following factors: clinical evidence (signs, post-mortem lesions,

and history of the occurrence of END); diagnostic tests; 2 or

epidemiological evidence (evaluation of clinical evidence and the

degree of risk posed by the potential spread of END based on population

and exposure factors, including evaluation of whether the birds and

poultry have had the opportunity to be in contact with birds or poultry

infected with END or with excrement from birds or poultry infected with

END, or if the birds and poultry have shared feed or water with birds

or poultry infected with END).

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\1\ The location of Federal veterinarians and State

veterinarians may be obtained by writing to Emergency Programs,

Veterinary Services, Animal and Plant Health Inspection Service,

4700 River Road, Unit 41, Riverdale, MD 20737-1231, or by referring

to the local telephone book.

\2\ A copy of the protocols for END diagnostic tests may be

obtained by writing to Emergency Programs, Veterinary Services,

Animal and Plant Health Inspection Service, 4700 River Road Unit 41,

Riverdale, MD 20737-1231. The protocols are also found in

``Recommended Uniform Diagnostic Procedures,'' published by the

Committee of the American Association of Veterinary Laboratory

Diagnosticians.

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(b) The determination that birds or poultry are exposed to END must

be made by either a Federal veterinarian or a State veterinarian. They

will base that determination on an evaluation of all related

circumstances, including: the proximity of the birds or poultry to

birds or poultry infected with END, to excrement from birds or poultry

infected with END, and to other material touched by birds or poultry

infected with END; the number of birds or poultry infected with END to

which the birds or poultry were exposed; the species involved; the

virulence of the END to which the birds or poultry were exposed; and

the length of time the birds or poultry were in contact with birds or

poultry infected with END, and to material touched by birds or poultry

infected with END. Birds or poultry determined to be exposed to END

will continue to be treated as exposed unless they are subsequently

determined to be infected with END or until either a Federal

veterinarian or a State veterinarian finds them to be free of END based

on one or more of the factors listed in paragraph (a) of this section.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.3 Quarantined areas.

(a) Any area where birds or poultry infected with END are located

will be designated as a quarantined area. A quarantined area is any

geographical area, which may be a premises or all or part of a State,

deemed by epidemiological evaluation to be sufficient to contain all

birds or poultry known to be infected with or exposed to END. Less than

an entire State will be designated as a quarantined area only if the

State enforces restrictions on intrastate movements from the

quarantined area that are at least as stringent as this subpart.

(b) Any area designated as a quarantined area because of END will

remain designated as a quarantined area until all of the requirements

of Sec. 82.14 have been met.

(c) The following areas are quarantined because of END: (Currently,

no areas are quarantined because of END.)

Sec. 82.4 General provisions.

(a) Prohibitions. The following articles may not be moved

interstate from a quarantined area:

(1) Dead birds and dead poultry, including any parts of the birds

or poultry, that are infected with END, or are from a flock of birds or

poultry infected with END;

(2) Litter used by or manure generated by birds or poultry, or a

flock of birds or poultry, infected with END;

(3) Any eggs from birds or poultry, or a flock of birds or poultry,

infected with END;

(4) Hatching eggs from flocks of birds or poultry exposed to END;

and

(5) Live birds or live poultry from flocks infected with or exposed

to END.

(b) Restrictions. The following articles may be moved interstate

from a quarantined area only in accordance with this subpart:

(1) Live birds or live poultry not known to be infected with or

exposed to END;

[[Page 56885]]

(2) Dressed carcasses of birds and poultry, and other dead birds

and dead poultry, including any parts of the birds or poultry, that are

not known to be infected with END;

(3) Litter used by or manure generated by birds or poultry not

known to be infected with END;

(4) Eggs, other than hatching eggs, from birds or poultry from

flocks not known to be infected with END;

(5) Hatching eggs from birds or poultry not known to be infected

with or exposed to END; and

(6) Cages, coops, containers, troughs, vehicles, or other equipment

used for birds, poultry, eggs, manure, or litter.

(c) Exceptions. This subpart does not apply to the interstate

movement of birds, poultry, or other articles from a quarantined area

if the interstate movement is made by the United States Department of

Agriculture for purposes of research or diagnosis.

Sec. 82.5 Interstate movement of live birds and live poultry from a

quarantined area.

(a) Pet birds. An individual may move his or her pet birds

interstate from a quarantined area if the birds are not known to be

infected with or exposed to END and:

(1) The birds are accompanied by a permit obtained in accordance

with Sec. 82.11;

(2) Epidemiological evidence, as described in Sec. 82.2(a),

indicates that the birds are not infected with any communicable

disease;

(3) The birds show no clinical signs of sickness (such as diarrhea,

nasal discharge, ocular discharge, ruffled feathers, or lack of

appetite) during the 90 days before interstate movement;

(4) The birds have been maintained apart from other birds and

poultry in the quarantined area during the 90 days before interstate

movement;

(5) The birds have been under the ownership and control of the

individual to whom the permit is issued for the 90 days before

interstate movement;

(6) The birds are moved interstate by the individual to whom the

permit is issued;

(7) The birds are caged while being moved interstate;

(8) The individual to whom the permit is issued maintains ownership

and control of the birds and maintains them apart from other birds and

poultry from the time they arrive at the place to which the individual

is taking them until a Federal representative or State representative

3 examines the birds and determines that the birds show no

clinical signs of END. The examination will not be less than 30 days

after the interstate movement;

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\3\ The location of Federal representatives and State

representatives may be obtained by writing to Emergency Programs,

Veterinary Services, Animal and Plant Health Inspection Service,

4700 River Road Unit 41, Riverdale, MD 20737-1231.

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

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

representatives and State representatives to examine the birds at any

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

veterinarian or a State veterinarian;

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

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

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

issued notifies the veterinarian in charge or the State animal health

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

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

animal health official may be obtained by writing to Emergency

Programs, Veterinary Services, Animal and Plant Health Inspection

Service, 4700 River Road Unit 41, Riverdale, MD 203/737-1231, or by

referring to the local telephone book.

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(11) The individual to whom the permit is issued submits copies of

the permit so that a copy is received by the State animal health

official and the veterinarian in charge for the State of destination

within 72 hours of the arrival of the birds at the destination listed

on the permit.

(b) Other birds and poultry. Except as provided for pet birds in

paragraph (a) of this section, a person may move live birds and live

poultry that are not known to be infected with or exposed to END

interstate from a quarantined area only if:

(1) The birds and poultry are accompanied by a permit obtained in

accordance with Sec. 82.11;

(2) The birds or poultry are covered in such a way as to prevent

feathers and other debris from blowing or falling off the means of

conveyance;

(3) The birds or poultry are moved in a means of conveyance either

under official seal or are accompanied by a Federal representative;

(4) Except for emergencies, the birds or poultry are not unloaded

until their arrival at the destination listed on the permit required by

paragraph (b)(1) of this section;

(5) If poultry, the poultry are moved interstate to a recognized

slaughtering establishment 5 and are slaughtered within 24 hours

of arrival at the recognized slaughtering establishment;

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\5\ A list of recognized slaughtering establishments in any

State may be obtained from a Federal representative, the State

animal health official, or a State representative.

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(6) If birds other than poultry, the birds are moved to a site

approved by the Administrator; and

(7) The permit required by paragraph (b)(1) of this section is

presented upon arrival at the recognized slaughtering establishment or

approved site to a State representative or Federal representative.

Copies of the permit must also be submitted so that a copy is received

by the State animal health official and the veterinarian in charge for

the State of destination within 72 hours of arrival at the recognized

slaughtering establishment.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.6 Interstate movement of dead birds and dead poultry from a

quarantined area.

(a) Except as provided in paragraph (b) of this section for dressed

carcasses, dead birds and dead poultry, including any parts of the

birds and poultry, that are not known to be infected with END may be

moved interstate from a quarantined area only if:

(1) The dead birds and dead poultry are accompanied by a permit

obtained in accordance with Sec. 82.11;

(2) The dead birds and dead poultry are covered in such a way as to

prevent feathers and other debris from blowing or falling off the means

of conveyance;

(3) The dead birds and dead poultry are moved in a means of

conveyance either under official seal or accompanied by a Federal

representative;

(4) The dead birds and dead poultry are not unloaded until their

arrival at the destination listed on the permit required by paragraph

(a)(1) of this section;

(5) The dead birds and dead poultry are moved, without stopping, to

the destination listed on the permit required by paragraph (a)(1) of

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

lights and stop signs;

(6) The dead birds and dead poultry are disposed of, within 24

hours after being loaded for interstate movement, by burial or

composting in accordance with the procedures set forth in

Sec. 82.14(c)(1) and (c)(2), or by rendering, incineration, or other

means approved by the Administrator as being adequate to prevent the

dissemination of END; and

(7) Copies of the permit accompanying the dead birds and dead

poultry interstate are submitted so that a copy is received by the

State animal health official and the veterinarian in charge for the

State of destination within 72 hours of the arrival of the dead birds

and dead poultry at the

[[Page 56886]]

destination listed on the permit required by paragraph (a)(1) of this

section.

(b) Dressed carcasses from birds and poultry that are not known to

be infected with END may be moved interstate from a quarantined area

only if:

(1) The dressed carcasses are from birds or poultry that were

slaughtered in a recognized slaughtering establishment; 6

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

\6\ See footnote 5 to Sec. 82.5.

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

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

accordance with Sec. 82.11;

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

under official seal or accompanied by a Federal representative;

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

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

this section;

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

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

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

and stop signs; and

(6) Copies of the permit accompanying the dressed carcasses

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

health official and the veterinarian in charge for the State of

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

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

this section.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.7 Interstate movement of manure and litter from a quarantined

area.

Manure generated by and litter used by birds or poultry not known

to be infected with END may be moved interstate from a quarantined area

only if:

(a) The manure and litter is accompanied by a permit obtained in

accordance with Sec. 82.11;

(b) The manure and litter has been heated throughout, in the

quarantined area, to a temperature of not less than 175 deg.F (79.4

deg.C), and then placed either in a previously unused container or in a

container that has been cleaned and disinfected, since last being used,

in accordance with part 71 of this chapter;

(c) The declaration or affidavit required by Sec. 82.11(b) lists

the location of the poultry or birds that generated the manure or used

the litter, and the name and address of the owner of the poultry or

birds that generated the manure or used the litter; and

(d) Copies of the permit accompanying the manure and litter

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

health official and the veterinarian in charge for the State of

destination within 72 hours of the arrival of the manure and litter at

the destination listed on the permit.

Sec. 82.8 Interstate movement of eggs, other than hatching eggs, from

a quarantined area.

(a) Eggs, other than hatching eggs, from birds or poultry from

flocks not known to be infected with END may be moved interstate from a

quarantined area only if:

(1) The eggs are accompanied by a permit obtained in accordance

with Sec. 82.11;

(2) The eggs have been cleaned and sanitized in accordance with 7

CFR part 59;

(3) The eggs are packed either in previously unused flats or cases

or in used plastic flats or cases that were cleaned and disinfected,

since last being used, in accordance with part 71 of this chapter;

(4) The eggs are moved to a facility where they are examined to

ensure they have been cleaned and sanitized in accordance with

paragraph (a)(2) of this section; and

(5) Copies of the permit accompanying the eggs interstate are

submitted so that a copy is received by both the State animal health

official and the veterinarian in charge for the State of destination

within 72 hours of the arrival of the eggs at the facility.

(b) Any flats or cases intended for reuse after being used to move

eggs interstate to a facility under this section must be cleaned and

disinfected in accordance with part 71 of this chapter before being

moved to a premises where birds or poultry are kept.

Sec. 82.9 Interstate movement of hatching eggs from a quarantined

area.

Hatching eggs from birds or poultry not known to be infected with

or exposed to END may be moved interstate from a quarantined area only

if:

(a) The hatching eggs are accompanied by a permit obtained in

accordance with Sec. 82.11;

(b) Copies of the permit accompanying the hatching eggs are

submitted so that a copy is received by both the State animal health

official and the veterinarian in charge for the State of destination

within 72 hours of the arrival of the hatching eggs at the premises

described in paragraph (c) of this section; and

(c) The hatching eggs are held in the State of destination at a

premises designated jointly by the veterinarian in charge and the State

animal health official from the time of arrival until hatch and the

birds and poultry hatched from the eggs are held at the designated

premises for not less than 30 days following hatch. During this holding

period, the eggs and any birds or poultry hatched from the eggs are

subject to any inspections, disinfections, and tests as may be required

by the Administrator to determine their freedom from END.

Sec. 82.10 Interstate movement of vehicles, cages, coops, containers,

troughs, and other equipment from a quarantined area.

(a) This section does not apply to cages, coops, or other

containers or equipment used by or to move pet birds moved interstate

in accordance with Sec. 82.5(a).

(b) Vehicles, cages, coops, containers, troughs, and other

equipment that have held or that have otherwise been used in a

quarantined area in the handling of birds or poultry or their eggs, or

for manure generated by or litter used by the birds or poultry, may be

moved interstate from a quarantined area only in accordance with the

following conditions:

(1) They are made of hard plastic or metal, and the other

conditions of this section are met; or

(2) They are made of a disposable material, such as cardboard,

fiber, or waxed cardboard, are previously unused, and are disposed of

by incineration without being reused after being moved interstate.

(c) Before moving interstate any vehicles, cages, coops,

containers, troughs, or other equipment described in paragraph (b)(1)

of this section, and after using these items to move birds, poultry,

eggs, manure, or litter interstate from a quarantined area, the

vehicles, cages, coops, containers, troughs, and other equipment must

be cleaned and disinfected in accordance with paragraphs (c)(1) through

(c)(5) of this section:

(1) Clean and disinfect the vehicles, cages, coops, containers,

troughs, and other equipment at the place where the birds, poultry,

eggs, manure, and litter are unloaded or where the equipment is used,

no more than 2 hours after the birds, poultry, eggs, manure, and litter

are unloaded or the equipment is used;

(2) Clean the items in accordance with part 71 of this chapter;

(3) Have a Federal representative or State representative 7

inspect the items after they have been cleaned;

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

\7\ See footnote 3 to Sec. 82.5.

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

[[Page 56887]]

(4) Disinfect the items in the presence of a Federal representative

or State representative; and

(5) Disinfect the items in accordance with part 71 of this chapter

and by using a disinfectant as specified in part 71 of this chapter.

(d) If the place where the cleaning and disinfection would

otherwise be required has no facilities for cleaning and disinfecting,

the items may be moved to a place where facilities are available for

cleaning and disinfecting, provided a Federal representative or State

representative has determined that such movement will not cause a risk

of the spread of END.

(e) Vehicles, cages, coops, containers, troughs, and other

equipment that are moved interstate under this section must be

accompanied by a permit obtained in accordance with Sec. 82.11, and

copies of the permit accompanying the vehicles, cages, coops,

containers, troughs, and other equipment interstate must be submitted

so that a copy is received by the State animal health official and the

veterinarian in charge 8 for the State of destination within 72

hours of the arrival of the vehicles, cages, coops, containers,

troughs, and other equipment at the destination listed on the permit.

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

\8\ See footnote 4 of Sec. 82.5.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.11 Issuance of permits.

(a) Application for the permits required by this subpart to move

interstate from a quarantined area birds, eggs, poultry, or other items

requiring a permit under this part must be in writing. The application

must be submitted to a Federal representative or State representative

and must include the following:

(1) The applicant's name and mailing address;

(2) The name and mailing address of the person who will receive the

birds, eggs, poultry, or other items;

(3) The addresses of both the origin and destination of the birds,

eggs, poultry, or other items;

(4) The number and types of birds, poultry, eggs, and other items

intended for interstate movement; and

(5) The reason for the interstate movement.

(b) In addition to the information required by paragraph (a) of

this section, to obtain permits to move birds, poultry, eggs, manure,

litter, cages, coops, containers, troughs, vehicles or other equipment

interstate from a quarantined area, an applicant for a permit must

submit to a Federal representative or State representative a

declaration or affidavit listing the requirements of Sec. 82.5 for live

birds or live poultry, Sec. 82.6 for dead birds and dead poultry,

Sec. 82.7 for litter or manure, Sec. 82.8 for eggs other than hatching

eggs, Sec. 82.9 for hatching eggs, or Sec. 82.10 for cages, coops,

containers, troughs, vehicles, and other equipment, and stating that

the applicant will move the items interstate only if all of the listed

requirements are met.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.12 Other interstate movements and special permits.

(a) A special permit is required for the interstate movement of

birds, poultry, or other items whose movement is restricted under this

subpart, from a quarantined area in a manner or to a destination other

than is specifically prescribed by this subpart, under special

conditions determined by the Administrator to be necessary to prevent

the dissemination of END. A special permit is required for the disposal

of dead birds or dead poultry that are infected with END, or dead birds

or dead poultry from flocks infected with END, or manure generated by

or eggs from birds or poultry infected with END, in a manner other than

is specifically prescribed in this subpart, and for cleaning and

disinfection carried out in a manner other than is specifically

prescribed in this subpart, under special conditions determined by the

Administrator to be necessary to prevent the dissemination of END. To

apply for a special permit, contact the veterinarian in charge 9

for the State in which the birds, poultry, or other items are located.

The Administrator may, at his or her discretion, issue special permits

if he or she determines that the activity authorized will not result in

the interstate dissemination of END.

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

\9\ See footnote 4 to Sec. 82.5.

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

(b) The special permit will list the name and address of the person

to whom the special permit is issued, and the special conditions under

which the interstate movement, disposal, or cleaning and disinfection

may be carried out.

(1) For an interstate movement, the special permit will also

include the following:

(i) The name and mailing address of the person who will receive the

birds, poultry, or other items;

(ii) The addresses of both the origin and destination of the birds,

poultry, or other items;

(iii) The number and type of birds, poultry, or other items to be

moved interstate; and

(iv) The reason for the interstate movement.

(2) For destruction or cleaning and disinfection, the special

permit will also include the following:

(i) The address of the place where the dead birds, dead poultry,

manure, or eggs are located; and

(ii) The number and type of birds, poultry, or other items

involved.

(c) For an interstate movement, a copy of the special permit must

accompany the items moved, and copies must be submitted so that a copy

is received by the State animal health official and the veterinarian in

charge for the State of destination within 72 hours of the arrival of

the birds, poultry, or other items at the destination listed on the

special permit. (Approved by the Office of Management and Budget under

control number 0579-0116)

Sec. 82.13 Denial and withdrawal of permits and special permits.

(a) Denial. If the Administrator determines that the applicant for

a permit or special permit is not complying with or could not comply

with this subpart or any special conditions needed to prevent the

dissemination of END, or, in the case of a special permit, that the

special permit is not required under this subpart, the Administrator

may deny the request for a permit or special permit. If the request is

denied, the Administrator will send the applicant a written notice

explaining why the permit or special permit was denied.

(b) Withdrawal. The Administrator may withdraw a permit or special

permit, orally or in writing, if he or she determines the person to

whom the permit or special permit has been issued is violating either

this subpart or some condition specified in the permit or special

permit. The Administrator may withdraw the permit or special permit

without advance notice if he or she determines that the person to whom

the permit or special permit has been issued is violating either this

subpart or some condition specified in the permit or special permit in

a way that threatens the public health, interest, or safety. The

Administrator will send the person to whom the permit or special permit

has been issued a written explanation of why the permit or special

permit is to be or was withdrawn.

(c) Appeals. Denial or withdrawal of a permit or special permit may

be appealed to the Administrator within 10 days after receipt of the

written notice of denial or withdrawal. The appeal

[[Page 56888]]

must be in writing 10 and must state all of the facts and reasons

upon which the person relies to show that the permit or special permit

was wrongfully denied or withdrawn. The Administrator will grant or

deny the appeal, in writing, explaining all of the reasons for the

decision, as promptly as circumstances allow. In cases where there is a

conflict as to any material fact, the person denied a permit or special

permit, or from whom a permit or special permit is withdrawn, shall be

given an opportunity for a hearing with respect to the merits of the

validity of the denial or withdrawal in accordance with rules of

practice adopted for the proceeding.

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

\10\ Written appeals should be sent to the Administrator, c/o

Emergency Programs, Veterinary Services, Animal and Plant Health

Inspection Service, 4700 River Road, Riverdale, MD 20737-1231.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.14 Removal of quarantine.

An area will be removed from quarantine only when all of the

following requirements have been met:

(a) All birds and poultry exposed to END in the quarantined area

have been found to be free of END;

(b) All birds and poultry infected with END in the quarantined area

have been euthanized;

(c) All birds and poultry, including any parts of the birds and

poultry, euthanized in accordance with paragraph (b) of this section,

and all birds and poultry in the quarantined area, including any parts

of the birds and poultry, that died from any cause other than

slaughter, have been buried, reduced to ashes by incineration,

rendered, or reduced to dust by composting:

(1) If the birds and poultry are buried, all birds and poultry

infected with END must be buried in the quarantined area. The birds and

poultry must be buried in a location that meets all United States

Environmental Protection Agency, State, and local requirements for

landfills. They must be buried at least 6 feet deep and be covered at

the time of burial with soil; and

(2) If the birds and poultry are composted, all birds and poultry

infected with END must be composted in the quarantined area. The birds

and poultry must be composted according to the following instructions:

(i) Place a 1-foot layer of litter and manure in a free-standing

composter bin, unless the compost pile will be covered in accordance

with paragraph (c)(2)(ii) of this section. Add a 6-inch layer of straw,

peanut hulls, or wood chips. Add a layer of dead birds or dead poultry,

leaving 6 inches between the carcasses and the bin walls. Add water

sparingly and cover with 6 inches of a dry mixture of litter and

manure. Repeat the layering process two more times and cap with a

double layer of dry manure cake. After the bin is capped off and

covered, monitor the temperature in the compost pile daily, using a 36-

inch probe-type thermometer. The temperature of the compost pile must

reach at least 140 deg.F. After 30 days from the date the compost pile

is created, turn over to aerate the entire mixture. Allow mixture to

reach at least 140 deg.F once again. After completion of the second

cycle, the mixture must remain covered with any material that prevents

penetration of air and moisture until spread or otherwise utilized. The

composted material may not be spread or otherwise utilized until at

least 30 days following completion of the second heating cycle.

(ii) Composting of birds and poultry may be accomplished outside of

covered bins by following the layering and temperature requirements set

forth in paragraph (c)(2)(i) of this section, then covering the compost

pile with tarpaulins or 6-mm polyethylene sheets anchored with tires or

straw bales. The mixture must be kept moist. The final product may not

be spread or otherwise utilized until at least 30 days following

completion of the second heating cycle.

(iii) Composting of birds and poultry must be carried out at least

50 yards from any building or pen where poultry and birds are housed

and be inaccessible to birds and poultry. Composted material may not be

commingled with, or otherwise be brought into contact with, non-

composted manure cake;

(d) All eggs produced by birds or poultry infected with or exposed

to END in the quarantined area have been buried, reduced to ashes by

incineration, or rendered. If the eggs are buried, the eggs must be

buried in the quarantined area in a location that meets all United

States Environmental Protection Agency requirements and all State and

local requirements for landfills. The eggs must be buried at least 6

feet deep and be covered at the time of burial with soil;

(e) All manure generated by or litter used by birds or poultry

infected with or exposed to END in the quarantined area has been

reduced to ashes by incineration, or has been buried, composted, or

spread on a field and turned under, as follows:

(1) Burial. If the manure or litter is buried, the manure and

litter must be buried at least 6 feet deep and covered at the time of

burial with soil. The manure and litter must be buried in the

quarantined area in a location that meets all United States

Environmental Protection Agency and State and local requirements for

landfills;

(2) Composting. If the manure and litter is composted, the manure

and litter must be composted in the quarantined area according to the

following method: Place the manure and litter in rows 3 to 5 feet high

and 5 to 10 feet at the base. The area where the manure, litter, and

other material used in composting are placed must be such that there is

no runoff from the composted material out of the area, no saturation

into the ground, and no moisture, except for that required by this

paragraph, onto the composted material from above. The composting area

must be at least 50 yards from any building or pen where birds or

poultry are housed and be inaccessible to birds and poultry. The manure

and litter must be mixed so as to attain a carbon to nitrogen ratio of

approximately 30:1, a moisture content of between 40 to 50 percent, and

a supply of oxygen to the composted material. If a carbon source other

than manure or litter is needed, wood chips, straw, or peanut hulls may

be used. The manure and litter must be covered with tarpaulin or 6-mm

polyethylene sheets, be anchored with tires or straw bales, and be

mixed to ensure adequate ventilation every 10 to 15 days. The composted

material must rise to a temperature of 140 deg.F, as determined by use

of a 36-inch probe-type thermometer. The composted material may not be

spread or otherwise utilized for at least 30 days from the time the 140

deg.F temperature is reached; and

(3) Spreading and turning under. Spreading and turning under of

manure or litter may be used as a means of disposal only if carried out

under the direct supervision of a Federal representative or a State

representative. If the manure or litter is spread on a field and turned

under, the field must be in the quarantined area, at least 50 yards

away from any building or pen where poultry or birds are housed, and

inaccessible to birds and poultry. The manure or litter must be turned

under within 24 hours of being spread on the field, and the field must

be left undisturbed for at least 30 days;

(f) All vehicles with which the birds or poultry infected with or

exposed to END or their excrement or litter have had physical contact

have been cleaned and disinfected in accordance with part 71 of this

chapter. The vehicles have been inspected after cleaning, and before

disinfection, by a Federal representative or State representative,

[[Page 56889]]

and then have been disinfected in the presence of a Federal

representative or State representative with a disinfectant listed in

part 71 of this chapter;

(g) All cages, coops, containers, troughs, and other equipment used

for birds or poultry infected with or exposed to END, or their

excrement or litter have been reduced to ashes by incineration, or have

been cleaned and disinfected in accordance with part 71 of this

chapter. The items must be inspected after cleaning, and before

disinfection, by a Federal representative or State representative, and

then must be disinfected in the presence of a Federal representative or

State representative, with a disinfectant listed in part 71 of this

chapter; and

(h) The premises where birds or poultry infected with or exposed to

END were located have been cleaned and disinfected in accordance with

part 71 of this chapter. The premises have been inspected after

cleaning, and before disinfection, by a Federal representative or State

representative, and then have been disinfected in the presence of a

Federal representative or State representative with a disinfectant

listed in part 71 of this chapter.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.15 Replacement birds and poultry.

Birds and poultry that have been destroyed because of a quarantine

for END may not be replaced by birds or poultry moved interstate into

the quarantined area until the Administrator decides that END has been

eradicated and that replacement birds or poultry will not become

infected with END.

Subpart B--Chlamydiosis in Poultry

Sec. 82.19 Definitions.

As used in connection with this subpart, the following terms shall

have the meaning set forth in this section.

Accredited veterinarian. A veterinarian approved by the

Administrator in accordance with part 161 of this chapter to perform

functions specified in subchapters B, C, and D of this chapter.

Administrator. The Administrator of the Animal and Plant Health

Inspection Service or any individual authorized to act for the

Administrator.

Animal and Plant Health Inspection Service. The Animal and Plant

Health Inspection Service of the United States Department of

Agriculture.

Bird. Any member of the class aves other than poultry.

Chlamydiosis. A contagious bacterial disease of birds and poultry,

characterized by respiratory and systemic infection. The disease is

also known as psittacosis in psittacine birds and as ornithosis in

poultry.

Federal representative. An individual employed and authorized by

the Federal government to perform the tasks required by this subpart.

Federal veterinarian. A veterinarian employed and authorized by the

Federal government to perform the tasks required by this subpart.

Infected. Affected by the virus or bacterium that causes the

specified disease.

Interstate. From one State into or through any other State.

Moved. Shipped, transported or otherwise moved, or delivered or

received for movement, by any person.

Person. Any individual, corporation, company, association, firm,

partnership, society, joint stock company, or other legal entity.

Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,

partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.

State. Each of the States of the United States, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin

Islands of the United States, or any other territory or possession of

the United States.

State animal health official. The State official responsible for

livestock- and poultry-disease control and eradication programs.

State representative. An individual employed in animal health work

and authorized by a State or political subdivision of a State to

perform the tasks required by this subpart.

Veterinarian in charge. A Federal veterinarian employed by the

Animal and Plant Health Inspection Service and authorized by the

Administrator to supervise and manage the animal health work of the

Animal and Plant Health Inspection Service in a specified area of the

United States.

Sec. 82.20 General restrictions.

The following items may not be moved interstate:

(a) Live poultry infected with chlamydiosis;

(b) Dead poultry that were infected with chlamydiosis when they

died, and parts of dead poultry that were infected with chlamydiosis

when they died; and

(c) Offal from poultry infected with chlamydiosis.

Sec. 82.21 Vehicles, cages, coops, containers, troughs, and other

equipment used for infected poultry.

(a) Before moving vehicles, cages, coops, containers, troughs, and

other equipment interstate that have held or have otherwise been used

in the handling of poultry infected with chlamydiosis, and after using

these items to move poultry infected with chlamydiosis interstate, the

vehicles, cages, coops, containers, troughs, and other equipment must

be cleaned and disinfected in accordance with paragraphs (a)(1) through

(a)(5) of this section:

(1) Clean and disinfect the vehicles, cages, coops, containers,

troughs, and other equipment at the place where the poultry are

unloaded or where the equipment is used, no more than 2 hours after the

poultry infected with chlamydiosis are unloaded or the equipment is

used;

(2) Clean the items in accordance with part 71 of this chapter;

(3) Have a Federal representative, State representative,1 or

an accredited veterinarian, inspect the items after they have been

cleaned;

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

\1\ See footnote 3 to Sec. 82.5.

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

(4) Disinfect the items in the presence of a Federal

representative, State representative, or an accredited veterinarian;

and

(5) Disinfect the items in accordance with part 71 of this chapter

and by using a disinfectant as specified in part 71 of this chapter.

(b) If the place where the cleaning and disinfection would

otherwise be required has no facilities for cleaning and disinfecting,

the items may be moved to a place where facilities are available for

cleaning and disinfecting, provided a Federal representative or State

representative has determined that such movement will not cause a risk

of the spread of chlamydiosis.

(c) Vehicles, cages, coops, containers, troughs, and other

equipment moved interstate under this section must be accompanied by a

permit obtained in accordance with Sec. 82.23, and copies of the permit

accompanying the vehicles, cages, coops, containers, troughs, and other

equipment interstate must be submitted so that a copy is received by

both the State animal health official and the veterinarian in charge

2 for the State of destination within 72 hours of the arrival of

the vehicles, cages, coops, containers, troughs, and other equipment at

the destination listed on the permit.

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

\2\ See footnote 4 to Sec. 82.5.

(Approved by the Office of Management and Budget under control

numbers 0579-0116 and 0579-0032)

[[Page 56890]]

Sec. 82.22 Cleaning and disinfecting premises.

Premises that contained poultry that were infected with

chlamydiosis must be cleaned and disinfected in accordance with this

section before any poultry are moved interstate onto the premises.

(a) The premises must be cleaned in accordance with part 71 of this

chapter;

(b) After being cleaned, the premises must be inspected by a

Federal representative, State representative, or an accredited

veterinarian; and

(c) After being inspected, the premises must be disinfected in the

presence of a Federal representative, State representative, or an

accredited veterinarian, in accordance with part 71 of this chapter,

using a disinfectant listed in part 71 of this chapter.

(Approved by the Office of Management and Budget under control

numbers 0579-0116 and 0579-0032)

Sec. 82.23 Issuance of permits.

(a) Application for the permit required by this subpart to move

vehicles, cages, coops, containers, troughs, or other equipment

interstate must be in writing, and must be submitted to a Federal

representative or State representative. The application must include

the following:

(1) The applicant's name and mailing address;

(2) The name and mailing address of the person who will receive the

items;

(3) The addresses of both the origin and destination of the items;

(4) The number and types of items intended for interstate movement;

and

(5) The reason for the interstate movement.

(b) Exceptions. This subpart does not apply to the interstate

movement of poultry, vehicles, cages, coops, containers, troughs, or

other equipment or material if the interstate movement is made by the

United States Department of Agriculture for the purposes of research or

diagnosis.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.24 Other interstate movements and special permits.

(a) A special permit is required for the interstate movement of

items whose movement interstate is restricted under this subpart in a

manner or to a destination other than is specifically prescribed by

this subpart. A special permit is required for the disinfection of

vehicles, premises, cages, coops, containers, troughs, and other

equipment by a method other than is specifically prescribed by this

subpart. To apply for a special permit, contact the veterinarian in

charge for the State in which the items are located. The Administrator

may, at his or her discretion, issue special permits if he or she

determines the activity authorized will not increase the risk of

spreading chlamydiosis interstate.

(b) The special permit will list the name and address of the person

to whom the special permit is issued, and the special conditions under

which the interstate movement, or cleaning and disinfection, may be

carried out.

(1) For an interstate movement, the special permit will also

include the following:

(i) The name and mailing address of the person who will receive the

items;

(ii) The addresses of both the origin and destination of the items;

(iii) The number and type of items to be moved interstate; and

(iv) The reason for the interstate movement.

(2) For cleaning and disinfection, the special permit will also

include the following:

(i) The address of the place where the items are located; and

(ii) The number and type of items involved.

(c) For an interstate movement, a copy of the special permit must

accompany the items moved, and copies must be submitted so that a copy

is received by both the State animal health official and the

veterinarian in charge for the State of destination within 72 hours of

the arrival of the items at the destination listed on the special

permit.

(Approved by the Office of Management and Budget under control

number 0579-0116)

Sec. 82.25 Denial and withdrawal of permits and special permits.

(a) Denial. If the Administrator determines that the applicant for

a permit or special permit is not complying with or could not comply

with this subpart or any special conditions needed to prevent the

spread of chlamydiosis, or, in the case of a special permit, that the

special permit is not required under this subpart, the Administrator

may deny the request for a permit or special permit. If the request is

denied, the Administrator will send the applicant a written notice

explaining why the permit or special permit was denied.

(b) Withdrawal. The Administrator may withdraw a permit or special

permit, orally or in writing, if he or she determines the person to

whom the permit or special permit has been issued is violating either

this subpart or some condition specified in the permit or special

permit. The Administrator may withdraw the permit or special permit

without advance notice if he or she determines that the person to whom

the permit or special permit has been issued is violating either this

subpart or some condition specified in the permit or special permit in

a way that threatens the public health, interest, or safety. The

Administrator will send the person to whom the permit or special permit

has been issued a written explanation of why the permit or special

permit is to be or was withdrawn.

(c) Appeals. Denial or withdrawal of a permit or special permit may

be appealed to the Administrator within 10 days after receipt of the

written notice of denial or withdrawal. The appeal must be in writing

3 and must state all of the facts and reasons upon which the

person relies to show that the permit or special permit was wrongfully

denied or withdrawn. The Administrator will grant or deny the appeal,

in writing, explaining all of the reasons for the decision, as promptly

as circumstances allow. In cases where there is a conflict as to any

material fact, the person denied a permit or special permit, or from

whom a permit or special permit is withdrawn, shall be given an

opportunity for a hearing with respect to the merits or validity of the

denial or withdrawal in accordance with rules of practice adopted for

the proceeding.

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\3\ See footnote 10 to Sec. 82.13.

(Approved by the Office of Management and Budget under control

number 0579-0116)

PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND

CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS

OF CONVEYANCE AND SHIPPING CONTAINERS

11. The authority citation for part 92 continues to read as

follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).

PART 92--AMENDED

12. The heading for part 92 is revised to read as set forth above:

Sec. 92.101 [Amended]

13. Section 92.101 is amended as follows:

a. In paragraph (c)(3)(i), the term ``ornithosis'' is removed and

the term ``chlamydiosis'' is added in its place.

b. In paragraph (g)(2), the words ``velogenic viscerotropic

Newcastle disease (VVND)'' are removed and the words ``exotic Newcastle

disease (END)'' are added in their place;

c. The term ``VVND'' is removed and the term ``END'' is added in

its place in the following places:

i. Footnote 7 to paragraph (g)(2);

[[Page 56891]]

ii. Paragraph (g)(3), each time it appears; and

iii. Paragraph (g)(4).

Sec. 92.104 [Amended]

14. Section 92.104 is amended by removing the word ``ornithosis''

and adding the word ``chlamydiosis'' in its place, in the following

places:

(a) Paragraph (b)(2);

(b) Paragraph (b)(3);

(c) Paragraph (c)(3);

(d) Paragraph (c)(4);

(e) Paragraph (d)(3); and

(f) Paragraph (d)(4).

Sec. 92.106 [Amended]

15. In Sec. 92.106, paragraph (c)(5)(iii), Cooperative and Trust

Fund Agreement Between __________ (Name of Reporter) and the United

States Department of Agriculture, Animal and Plant Health Inspection

Service, is amended as follows:

a. In paragraph (A)(17), the words ``velogenic viscerotropic

Newcastle disease'' are removed and the words ``exotic Newcastle

disease'' are added in their place; and

b. The term ``VVND'' is removed and the term ``END'' is added in

its place in the following places:

i. Paragraph (B)(4); and

ii. Paragraph (B)(5).

Sec. 92.209 [Amended]

16. In Sec. 92.209, paragraph (a)(2) is redesignated as paragraph

(b) and is amended by removing the words ``viscerotropic velogenic

Newcastle disease'' and adding in their place the words ``exotic

Newcastle disease'', and the paragraph designative (1) is removed in

paragraph (a).

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG

CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND

RESTRICTED IMPORTATIONS.

17. The authority citation for part 94 continues to read as

follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.

1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.22, 2.80, and 371.2(d).

PART 94--AMENDED

18. The heading for part 94 is revised to read as set forth above.

19. In Sec. 94.0, the definition of Exotic Newcastle disease (VVND)

is removed and a definition of Exotic Newcastle disease (END) is added,

in alphabetical order, to read as follows:

Sec. 94.0 Definitions.

* * * * *

Exotic Newcastle disease (END). Any velogenic Newcastle disease.

Exotic Newcastle disease is an acute, rapidly spreading, and usually

fatal viral disease of birds and poultry.

* * * * *

Sec. 94.6 [Amended]

20. Section 94.6 is amended as follows:

a. The term ``VVND'' is removed and the term ``END'' is added in

its place in the following places:

i. The heading;

ii. Paragraph (a) introductory text;

iii. Paragraph (a)(1);

iv. Paragraph (a)(2);

v. Paragraph (c) introductory text, each time it appears;

vi. Paragraph (d) introductory text, each time it appears;

vii. Paragraph (d)(1)(ix) introductory text;

viii. Paragraph (d)(1)(ix)(A);

ix. Paragraph (d)(1)(ix)(B);

x. Paragraph (d)(1)(ix)(C) introductory text;

xi. Paragraph (d)(1)(ix)(C)(1);

xii. Paragraph (d)(1)(ix)(C)(2), each time it appears;

xiii. Paragraph (d)(2);

xiv. Paragraph (d)(3), both times it appears; and

xv. Paragraph (d)(4), both times it appears.

b. The term ``viscerotropic velogenic Newcastle disease'' is

removed and the term ``END'' is added in its place in the following

places:

i. Paragraph (c)(2); and

ii. Paragraph (c)(5).

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS

AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

21. The authority citation for part 161 continues to read as

follows:

Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,

115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.22, 2.80,

and 371.2(d).

Sec. 161.2 [Amended]

22. In Sec. 161.2, paragraph (d)(6) is amended by removing the

words ``psittacosis or ornithosis, and velogenic viscerotropic

Newcastle disease'' and adding the words ``chlamydiosis and exotic

Newcastle disease'' in their place.

Done in Washington, DC, this 29th day of October 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-28060 Filed 11-4-96; 8:45 am]

BILLING CODE 3410-34-P