Pseudorabies in Swine, Payment of Indemnity; Technical Amendment

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 52

[Docket No. 98-123-3]

RIN 0579-AB10

Pseudorabies in Swine, Payment of Indemnity; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; technical amendment and notice of extension of

comment period.

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SUMMARY: In an interim rule published in the Federal Register on

January 15, 1999, and effective as of January 12, 1999, we established

animal health regulations to provide for the payment of indemnity by

the United States Department of Agriculture for the voluntary

depopulation of herds of swine known to be infected with pseudorabies.

Although we provided in our interim rule that a premises that has been

depopulated of swine may not be restocked for at least 30 days

following cleaning and disinfection, it was our intent to also allow an

official pseudorabies epidemiologist to allow restocking in less than

30 days or to require a waiting period longer than 30 days as warranted

or necessary. In this amendment we are clarifying that intent.

DATES: This amendment is effective March 11, 1999. We invite you to

comment on Docket No. 98-123-2 as amended by this docket. We will

consider all comments that we receive by April 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

123-2, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 98-123-2.

You may read any comments that we receive on these dockets in our

reading room. The reading room is located in room 1141 of the USDA

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

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

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

Veterinarian, VS, APHIS, 4700 River Road Unit 41, Riverdale, MD 20737-

1231; (301) 734-8073.

SUPPLEMENTARY information:

Background

In an interim rule published in the Federal Register on January 15,

1999, and effective as of January 12, 1999 (64 FR 2545-2550, Docket No.

98-123-2), we established animal health regulations to provide for the

payment of indemnity by the United States Department of Agriculture for

the voluntary depopulation of herds of swine known to be infected with

pseudorabies. Although we provided in our interim rule that a premises

that has been depopulated of swine may not be restocked for at least 30

days following cleaning and disinfection of the premises, it was our

intent to allow an official pseudorabies epidemiologist to allow

restocking in less than 30 days or to require a waiting period longer

than 30 days before restocking.

We included the 30-day waiting period in the interim rule in order

to ensure that the vacated premises was completely free of the

pseudorabies virus before being repopulated with

[[Page 13065]]

healthy animals. Generally, we consider 30 days to be a sufficient

amount of time for the elimination of any pseudorabies virus that might

remain on the premises after cleaning and disinfection. However, a

premises that has been adequately cleaned and disinfected may, in some

cases, not need a 30-day waiting period to ensure that the virus has

been eliminated. Conversely, it is possible that it might not be

entirely safe to restock a premises until more than 30 days have

elapsed following cleaning and disinfection.

It was our intent to allow an official pseudorabies epidemiologist

familiar with the individual premises and the cleaning and disinfection

done on that premises to determine whether any reduction or addition to

the 30-day waiting period was warranted or advisable for that premises.

Therefore, we are adding language to Sec. 52.4 to clarify that intent.

This technical amendment is consistent with procedures outlined in

our ``State-Federal-Industry Program Standards for Pseudorabies

Eradication.'' (A copy of the standards can be obtained by contacting

the person listed above under FOR FURTHER INFORMATION CONTACT.) At the

onset of our accelerated pseudorabies eradication program, we advised

States participating in the eradication program that we would proceed

in accordance with our existing program standards. The language we are

adding to the regulations is consistent with the existing standards.

Comments sent to us on our January 15, 1999, interim rule (Docket

No. 98-123-2) were required to be received on or before March 16, 1999.

To allow the public enough time to comment on this technical amendment

as it relates to the interim rule, we are extending the period during

which we will accept comments on Docket No. 98-123-2.

List of Subjects in 9 CFR Part 52

Animal diseases, Pseudorabies, Swine, Indemnity payments,

Transportation.

Accordingly, we are amending 9 CFR part 52 as follows:

PART 52--SWINE DESTROYED BECAUSE OF PSEUDORABIES

1. The authority citation for part 52 continues to read as follows:

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,

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

2. Section Sec. 52.4 is revised to read as follows:

Sec. 52.4 Disinfection of premises, conveyances, and materials.

All premises, including barns, stockyards and pens, and all cars

and other conveyances, and the materials on any premises or conveyances

used to house or transport swine for which indemnity is paid under this

part must be cleaned and disinfected under the supervision of an APHIS

employee after removal of the swine from the known infected herd.

Premises may be restocked with swine 30 days following an approved

cleaning and disinfection, unless an official pseudorabies

epidemiologist determines that a shorter or longer period of time is

adequate or necessary to protect new animals against infection. The

owner to whom the indemnity is paid will be responsible for expenses

incurred in connection with the cleaning and disinfection, except for

cleaning and disinfection of the conveyances used to transport the

swine to the location of disposal.

Done in Washington, DC, this 11th day of March 1999.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-6491 Filed 3-16-99; 8:45 am]

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