Pseudorabies in Swine; Payment of Indemnity

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 52

[Docket No. 98-123-2]

RIN 0579-AB10

Pseudorabies in Swine; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are establishing 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. The payment of indemnity will encourage depopulation

of infected herds, and therefore will reduce the risk of other swine

becoming infected with the disease. We have determined that this

action, which will accelerate existing pseudorabies eradication

efforts, is necessary to protect swine not infected with pseudorabies

from the disease.

DATES: Interim rule effective January 12, 1999. Consideration will be

given only to comments received on or before March 16, 1999.

ADDRESSES: Please send an original and three copies of your comments 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 comments refer to Docket No. 98-123-2. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

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

The Animal and Plant Health Inspection Service's (APHIS's)

regulations in 9 CFR part 85 govern the interstate movement of swine

and other livestock (cattle, sheep, and goats) in order to help prevent

the spread of pseudorabies.

Pseudorabies is a contagious, infectious, and communicable disease

of livestock, primarily swine. The disease, also known as Aujeszky's

disease, mad itch, and infectious bulbar paralysis, is caused by a

herpes virus, and is known to cause reproductive problems, including

abortion and stillborn death in neonatal pigs, and occasional death

losses in breeding and finishing hogs. The cost of pseudorabies to pork

producers alone in the United States is over $30 million annually. Of

this amount, more than half, $17 million, represents the cost of

vaccination. Another $11 million is attributable to pig deaths. The

remainder is spent on testing.

A Federal eradication program for pseudorabies was implemented in

the United States in 1989. The program is cooperative in nature and

involves Federal, State, and industry participation. The Federal

Government coordinates the National Program, the State Governments

promulgate and enforce the intrastate regulations, and producers

contribute by having their herds tested, purchasing their own vaccines,

and conducting risk management practices, such as cleaning and

disinfecting conveyances used to transport infected swine.

In fiscal year 1998, the Federal Government appropriated $8.6

million for its portion of the pseudorabies program. Appropriated

Federal monies are used for disease surveillance and field staff. The

monies spent by swine producers are used to prevent the transmission of

pseudorabies within herds and to eliminate the disease from infected

herds. Typically, a swine producer taking part in the eradication

program will vaccinate all pigs in a herd once pseudorabies has been

identified in the herd. Breeding sows in the herd will be vaccinated

two to four times a year. Newborn pigs born to sows that have

antibodies to the disease are immune. Sows develop antibodies to the

disease either several weeks after being infected or through

vaccination. The producer will wean young pigs in the herd at 2 to 3

weeks and segregate them from the rest of the herd in nurseries, where

they will be raised for approximately 2 months. At that time, the

producer will transfer them to ``finishing barns,'' where they will be

raised to market weight. The producer will then ship the pigs to market

under strict biosecurity methods (e.g., cleaning and disinfection of

trucks previously used, or to be reused, for shipment of swine).

Breeding sows in the herd of origin that are infected with the

disease are capable of producing multiple litters. Once infected, the

sows go through a stage when they can shed the virus (i.e., transmit it

to other swine). Following this stage, they develop antibodies to the

disease. Although sows that have gone through the shedding stage have

customarily been retained in the herd to produce additional litters, as

of January 1, 1999, all States with pseudorabies will implement a

``test and removal'' requirement, to remove from each herd any sows

identified with the pseudorabies virus. This removal of breeding sows

will add to producer costs.

Dangers to Success of Program

Industry/State/Federal pseudorabies eradication efforts have been

markedly successful. In 1992, for instance, approximately 8,000 herds

of swine nationwide were infected with the disease. Today,

approximately 1,000 herds are known to be infected. This represents

slightly less than 1 percent of the herds of swine in the United

States. The goal of the cooperative pseudorabies eradication program is

the elimination of pseudorabies in the United States in the year 2000.

However, at this time, the success of the program may be in jeopardy.

Because of the current depressed market conditions for swine, it

appears that swine producers might decide to eliminate the costs they

have been

[[Page 2546]]

incurring to participate in the pseudorabies eradication program. In

November 1997, market swine were being sold at $45.10 per

hundredweight. As of the fourth week of December 1998, market swine

were valued at $11.90 per hundredweight. A surplus of live swine, due

in part to reduced export markets, has slaughter facilities operating

at maximum capability. Consequently, swine producers are being forced

to continue feeding swine that cannot go to slaughter. Swine that are

slaughtered are being sold at prices below the costs of feeding and

transportation.

Cessation of eradication efforts, particularly the elimination of

herd vaccination, is likely to result in an increase in the number of

herds infected with pseudorabies. This growth in pseudorabies-infected

herds will likely extend the amount of time necessary to eradicate

pseudorabies, ultimately cost both the industry and Federal and State

Governments additional monies in eradication efforts.

Payment of Indemnity

We have determined that all of the factors discussed above--the

danger of elimination of eradication efforts among some swine

producers, the relatively small number of herds currently infected with

pseudorabies, and the markedly depressed market prices for swine--make

this an appropriate time to accelerate the pseudorabies eradication

effort by swift and thorough elimination of infected herds. This action

would accelerate the efforts toward removal of infected swine already

underway at the State level. Therefore, in this interim rule, we are

establishing regulations that will allow the Department to pay

indemnity to owners of infected herds who depopulate those herds. In

addition to indemnity for the value of the animals, the Department will

provide funding for trucking costs to disposal, for euthanasia and

disposal costs, and for cleaning and disinfection of conveyances used

for transporting the swine to disposal.

Although the regulations being established will allow for the

payment of indemnity by the Department, participation in the indemnity

program will be entirely voluntary for swine producers. Producers who

choose not to have an infected herd depopulated will not be required to

do so. However, such producers must still adhere to the previously

established program rules and regulations.

We are setting forth the provisions of this interim rule in a new

part 52 in title 9 of the Code of Federal Regulations.

Program Guidelines

Swine producers who choose to take part in the indemnity program

may apply for participation as of the date of publication of this

interim rule in the Federal Register. Further action will be taken upon

APHIS' receipt of funding for the accelerated eradication program from

the Commodity Credit Corporation. The indemnity program will extend

from the date of publication of this interim rule for 6 months, or

until funds allocated for the program are depleted, whichever comes

first. In a separate document, APHIS Docket No. 98-123-1, published in

the Federal Register on January 14, 1999, the Secretary of Agriculture

gave notice that he is authorizing the transfer of $80 million in funds

for the accelerated pseudorabies eradication program. Approximately 78

percent will be used for indemnity costs. The remainder will be used

for euthanasia, transport, disposal, clean-up, and surveillance.

The owner of any herd that is determined to be a known pseudorabies

infected herd will be eligible for payment of indemnity for

depopulation. The definition of known infected herd will be the same as

that set forth in 9 CFR part 85, which deals with the existing

pseudorabies program. A known infected herd will be defined as any herd

in which swine have been determined to be infected with pseudorabies,

based on an official pseudorabies test or an approved differential

pseudorabies test, or diagnosed by an official pseudorabies

epidemiologist as having pseudorabies. Through the existing

pseudorabies program, infected herds have already been identified.

Monitoring and surveillance conducted by APHIS and State agencies may

identify additional infected herds during the accelerated eradication

program.

An official pseudorabies epidemiologist will be defined as a State

or Federally employed veterinarian designated by the State animal

health official and the APHIS veterinarian in charge to investigate and

diagnose pseudorabies in livestock.

An official pseudorabies test will be defined as in part 85 to mean

any test for the diagnosis of pseudorabies approved by the

Administrator and conducted in a laboratory approved by the

Administrator as listed in a Veterinary Services Notice listing such

laboratories.

The following tests for the diagnosis of pseudorabies have been

approved by the Administrator:

Microtitration serum-virus neutralization test

Virus isolation and identification test

Fluorescent antibody tissue section test

Enzyme-linked immunosorbent assay (ELISA) test, except for

approved differential pseudorabies tests other than the glycoprotein I

(gpI) ELISA test

Latex agglutination test (LAT)

Particle concentration fluorescence immunoassay (PCFIA)

test

State, Federal, and university laboratories will be approved by the

Administrator to conduct official pseudorabies tests following his

determination that the laboratory has personnel trained at the

Veterinary Services Diagnostic Laboratory at Ames, IA, assigned to

supervise the test, follows standard test protocol, meets check test

proficiency requirements, and will report all test results to State and

Federal animal health officials. Lists of approved laboratories are

periodically published in the Notices section of the Federal Register.

An approved pseudorabies differential test also will be defined as

in current part 85 to mean any test for the diagnosis of pseudorabies

that can distinguish vaccinated swine from infected swine; is produced

under license from the Secretary of Agriculture under the Virus-Serum-

Toxin Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et

seq.) with indications for use in the Cooperative State-Federal

Pseudorabies Eradication Program; and is conducted in a laboratory

approved by the Administrator.

Fair Market Value

The Department will pay fair market value for swine depopulated due

to pseudorabies. The fair market value of the animals will be appraised

by an APHIS employee and a representative of the State jointly, or, if

the State authorities approve, by an APHIS official alone. The fair

market value will be based primarily on a per pound compensation. The

per pound compensation will be based on the weighted average base

market prices of the previous week (as released in ``USDA-AMS Livestock

Market News''). The per pound compensation amount will be updated each

week. An additional producer cost offset will be paid according to

whether the animal is a breeder pig, a baby pig or market hog less than

200 pounds, or a market hog greater than 200 pounds. Animals may be

appraised in groups, provided that, where the appraisal is by head for

cost offset purposes, each animal in the group is the same type. As

noted, each

[[Page 2547]]

animal in the group will be the same value per pound.

Appraisals of animals will be reported on forms furnished by APHIS.

Reports of appraisals will show the number of animals and the value per

head or the weight and value by pound.

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 the

provisions of this interim rule must be cleaned and disinfected under

the supervision of an APHIS employee or a State representative before

being reused to house or convey swine. The producers of the swine for

which indemnity is paid will be responsible for the costs of all

cleaning and disinfection, except for the cleaning and disinfection of

conveyances used to transport the swine to the disposal location. Once

the swine purchased by the Department have been removed from the

premises where they were kept, additional swine may not be moved onto

those premises for at least 30 days following the approved cleaning and

disinfection of premises.

Claims for the compensation for the value of animals destroyed must

be presented, through the inspector in charge, to APHIS on a form

furnished by APHIS. The owner of the animals must certify on the form

that the animals covered either are or are not subject to any mortgage.

If the owner states that there is a mortgage, the owner, and each

person holding a mortgage on the animals, must sign forms furnished by

APHIS consenting to the payment of indemnity to the owner or

lienholder.

This interim rule provides that no indemnity will be paid if the

infected animals have been moved or handled by the owner in violation

of a law or regulation administered by the Secretary regarding animal

disease, or in violation of a law or regulation for which the Secretary

has entered into a cooperative agreement.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment. We are

making this action effective upon signature. This effective date is

necessary to ensure that the pseudorabies accelerated eradication

program is implemented as soon as possible to prevent the spread of

pseudorabies.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 533 to make the

rule effective less than 30 days after publication. We will consider

comments that are received within 60 days of publication of this rule

in the Federal Register. After the comment period closes, we will

publish another document in the Federal Register. It will include a

discussion of any comments we receive and any amendments we are making

to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

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

has been determined to be economically significant for the purposes of

Executive Order 12866 and, therefore, has been reviewed by the Office

of Management and Budget. We have done a preliminary analysis of the

potential costs and benefits of this rule in accordance with Executive

Order 12866, as follows. A final analysis will be published in a

subsequent document published in the Federal Register.

Potential Economic Impact

Pseudorabies is a herpes virus disease primarily affecting swine,

that is known to cause reproductive problems, including abortion and

stillborn death in neonatal pigs, and occasional death losses in

breeding and finishing hogs. The disease is recognized to cause

considerable economic loss. The cost to pork producers alone is over

$30 million annually. Of this amount, $17 million represents the cost

of vaccination. Another $11 million is attributable to pig deaths, and

the remainder is spent on testing.

A Federal eradication program for this disease was implemented in

the United States in 1989. The program is cooperative in nature and

involves Federal, State, and industry participation. The Federal

Government coordinates the National Program, the State Governments

promulgate and enforce intrastate regulations, and producers contribute

by testing their herds and purchasing vaccines. For the 1999 fiscal

year, Congress appropriated close to $9.1 million for Federal

Government participation in the pseudorabies program, including funds

for monitoring and surveillance.

The pseudorabies eradication program has been markedly successful.

By 1992, nearly 8,000 herds had been identified as being infected with

pseudorabies. Currently, there are just over 1,000 herds, or slightly

less than 1 percent of the total number of U.S. herds, left remaining

under quarantine for pseudorabies in the United States. As of September

30, 1998, herds under quarantine were distributed as follows.

(Preliminary information available to APHIS indicates that some of

these numbers have decreased since September.)

Number of Herds Under Quarantine and Swine by State

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Herds under Number of

States quarantine swine

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Arkansas...................................... 1 1,000

California.................................... 2 5,000

Florida....................................... 14 354

Illinois...................................... 14 3,912

Indiana....................................... 214 153,010

Iowa.......................................... 632 479,520

Louisiana..................................... 1 7

Massachusetts................................. 1 1,000

Michigan...................................... 3 18,902

Minnesota..................................... 147 180,714

Nebraska...................................... 17 1,100

North Carolina................................ 226 850,757

Pennsylvania.................................. 6 6,815

South Dakota.................................. 2 1,100

Texas......................................... 2 14

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Total..................................... 1,291 1,719,755

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Due to the severe downturn in the value of market swine, progress

in the pseudorabies eradication program may be threatened. A surplus of

live swine, due in part to reduced export markets, has slaughter plants

operating at maximum capacity and has led to depressed prices.

Consequently, swine producers are being forced to continue feeding

swine that cannot go to slaughter. Swine that are slaughtered are being

sold at prices below the costs of feeding and transportation. As a

result of depressed swine market prices, producers may stop vaccinating

their herds because of the added expense. This could seriously affect

the pseudorabies eradication program. Without vaccinations, the virus

could spread to unvaccinated herds. This could increase production

losses in the swine industry, increase costs to the Federal Government

due to delays in eradicating the disease, and possibly jeopardize the

trading position of the United States.

Pork production in the United States is a vital part of the

economy. Over 19 billion pounds will be processed from about 99 million

hogs in 1998. The economic impact of the industry on rural America is

immense. Annual farm sales of swine in the United States usually exceed

$11 billion. The retail value of pork sold to consumers exceeds $30

billion. In addition, the U.S. pork industry supports over 600,000 jobs

and contributes to $23 billion in personal income.

[[Page 2548]]

To avoid the potential costs associated with the possible reduction

of producer participation in the voluntary eradication program, we are

commencing a voluntary, accelerated pseudorabies eradication program in

which we will pay indemnity at fair market value for, and depopulate as

quickly as possible, as many pseudorabies-infected herds as possible.

Normally, the fair market value of these animals would make such an

operation cost-prohibitive. However, the severely depressed value of

swine in the United States offers us a unique window of opportunity to

pay indemnity for these animals at a considerable savings.

This may provide several benefits. First, it will reduce the

presence of pseudorabies in the United States sooner than the target

date.

Second, if eradication is complete, the resources that we are

currently expending on our pseudorabies program can be diverted to

other disease eradication and prevention efforts, including

surveillance and monitoring.

Third, swine producers will benefit by our payment of indemnity for

the depopulation of infected herds. Although these producers will

receive fair market value for these animals, and consequently, under

present conditions, will not make a profit on their animals, they will

at least be spared the continued expense of feeding and maintaining

them.

The Secretary of Agriculture has authorized the transfer of $80

million in funds from the Commodity Credit Corporation to conduct the

indemnity program. This is a transfer from taxpayers. Approximately 78

percent of this money ($62 million) will be used for indemnity costs,

and the remainder will be used for euthanasia, transport, disposal

(most likely through rendering), clean-up, and surveillance. Payment of

indemnity will be based on fair market value, and the amount paid per

pig will likely fluctuate during the course of the accelerated

pseudorabies eradication program, which will last approximately 6

months. The amount authorized assumes 100 percent participation of

owners with infected herds. However, participation may be limited if

funds are exhausted due to increases in the fair market value above our

current estimates. Funds will be paid out on a first-come-first served

basis. Additionally, some producers may not choose to participate.

We anticipate that the expected decrease in the number of hogs

available for market will cause an increase in the prices paid to swine

producers by pork processors. In such a case, there would be some

negative impact on pork processors. Currently, we do not have

sufficient information to determine the effect on the market. Nor do we

have sufficient information to determine the net benefit or the

distributional impacts of the chosen option.

Options Considered

In assessing the need for this interim rule, we identified three

alternatives. The first was to maintain the status quo. We rejected

this option because it would not address the potential risks that may

endanger the pseudorabies program.

The second option would have been to provide financial assistance

to the swine industry for continuation of vaccination and other herd

management practices to eliminate pseudorabies. The fiscal year 2000

target for the eradication of pseudorabies could have been achieved,

but monitoring and surveillance would have continued. Although this

option may be less costly than the option we chose, option 3 below, we

did not choose it because it does not allow us to eradicate

pseudorabies as quickly as the chosen option.

The third option, to provide indemnity payments to accelerate the

eradication program by providing indemnity for the depopulation of

pseudorabies-infected herds, was the one we chose. Depopulation of

infected herds is the single most effective way to eliminate

pseudorabies. The current severely depressed values of market swine

present a unique opportunity to significantly accelerate pseudorabies

eradication in a cost-effective way through depopulation. At the same

time, pork producers will gain some compensation for pigs they are

currently paying to feed, and that many owners cannot send to slaughter

due to slaughter plants already being used to maximum.

Potential Impact on Small Entities

This emergency situation makes compliance with section 603 and

timely compliance with section 604 of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) impracticable. This interim rule establishes a

voluntary program that allows swine producers to be paid indemnity for

known pseudorabies-infected herds. Because slaughtering plants are

operating at maximum capacity, it is likely that many of these swine

could not be sold at market at this time, and the owners would

otherwise receive no compensation for the swine. We do not anticipate

any negative impact from this rule, other than perhaps some impact on

pork processors who may eventually pay a higher price for swine.

However, we will conduct further analyses of the potential impact of

this rule. If we determine this rule will have a significant economic

impact on a substantial number of small entities, then we will discuss

the issues raised by section 604 of the Regulatory Flexibility Act in

our Final Regulatory Flexibility Analysis.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

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

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

parties may file suit in court challenging this rule.

Paperwork Reduction Act

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

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

recordkeeping requirements included in this interim rule have been

submitted for emergency approval to the Office of Management and Budget

(OMB). OMB has assigned control number 0579-0137 to the information

collection and recordkeeping requirements. Notwithstanding any other

provision of the law, no person is required to respond to, nor shall

any person be subject to a penalty for failure to comply with, a

collection of information subject to the requirements of the Paperwork

Reduction Act unless that collection of information displays a

currently valid OMB control number.

Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 98-123-2.

Please send a copy of your comments to: (1) Docket No. 98-123-2,

Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,

OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW.,

Washington, DC 20250. A comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication of this

interim rule.

This interim rule establishes regulations to provide for the

payment of indemnity by the Department for the voluntary depopulation

of herds of swine known to be infected with pseudorabies. In order to

take part in the indemnity program, swine producers must apply for

participation, must sign

[[Page 2549]]

a payment, appraisal and agreement form, and must certify as to whether

any other parties hold mortgages on the herd. We are soliciting

comments from the public concerning our information collection and

recordkeeping requirements. We need this outside input to help us:

(1) Evaluate whether the information collection is necessary for

the proper performance of our agency's functions, including whether the

information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed information collection, including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses).

Estimate of burden. Public reporting burden for this collection of

information is estimated to average 0.26673 hour per response.

Respondents. Swine producers.

Estimated number of respondents. 1,300.

Estimated number of responses per respondent. 4.

Estimated total annual number of responses. 5,200.

Estimated total annual burden on respondents. 1,387.

Copies of this information collection can be obtained from:

Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence

Avenue, SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 52

Animal diseases, Pseudorabies, Swine, Indemnity payments,

Transportation.

Accordingly, we are amending 9 CFR, chapter I, subchapter B, by

adding a new part to read as follows:

PART 52--SWINE DESTROYED BECAUSE OF PSEUDORABIES

Sec.

52.1 Definitions.

52.2 Payment of indemnity.

52.3 Appraisal of swine.

52.4 Disinfection of premises, conveyances, and materials.

52.5 Presentation of claims.

52.6 Mortgage against animals.

52.7 Claims not allowed.

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).

Sec. 52.1 Definitions.

Administrator. The Administrator, Animal and Plant Health

Inspection Service, or any other employee of the Animal and Plant

Health Inspection Service, United States Department of Agriculture,

delegated to act in the Administrator's stead.

Animal and Plant Health Inspection Service (APHIS). The Animal and

Plant Health Inspection Service of the United States Department of

Agriculture.

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.

Approved differential pseudorabies test. Any test for the diagnosis

of pseudorabies that can distinguish vaccinated swine from infected

swine; is produced under license from the Secretary of Agriculture

under the Virus-Serum-Toxin Act of March 4, 1913, and subsequent

amendments (21 U.S.C. 151 et seq.) with indications for use in the

Cooperative State-Federal Pseudorabies Eradication Program; and is

conducted in a laboratory approved by the Administrator.1

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\1\ The names and addresses of laboratories approved by the

Administrator to conduct approved differential pseudorabies tests

are published in the Notices Section of the Federal Register. A list

of approved laboratories is also available upon request from the

Animal and Plant Health Inspection Service, 4700 River Road Unit 37,

Riverdale, Maryland 20737-1231. State, Federal, and university

laboratories will be approved by the Administrator when he or she

determines that the laboratory: employs personnel trained at the

National Veterinary Services Laboratories assigned to supervise the

testing; follows standard test protocols; meets check test

proficiency requirements; and will report all test results to State

and Federal animal health officials. Before the Administrator may

withdraw approval of any laboratory for failure to meet any of these

conditions, the Administrator must give written notice of the

proposed withdrawal to the director of the laboratory, and must give

the director an opportunity to respond. If there are conflicts as to

any material fact, a hearing will be held to resolve the conflict.

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Department. The United States Department of Agriculture.

Herd. Any group of swine maintained on common ground for any

purpose, or two or more groups of swine under common ownership or

supervision, that are geographically separated but have an interchange

or movement of animals without regard to whether the animals are

infected with or exposed to pseudorabies.

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.

Known infected herd. Any herd in which swine have been determined

to be infected with pseudorabies based on an official pseudorabies test

or an approved differential pseudorabies test, or as diagnosed by an

official pseudorabies epidemiologist as having pseudorabies.

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.

Official pseudorabies epidemiologist. A State or Federally employed

veterinarian designated by the State animal health official and the

veterinarian in charge to investigate and diagnose pseudorabies in

livestock.

Official pseudorabies test. Any test for the diagnosis of

pseudorabies approved by the Administrator and conducted in a

laboratory approved by the Administrator. The following tests for the

diagnosis of pseudorabies have been approved by the Administrator:

Microtitration Serum-Virus Neutralization Test; Virus Isolation and

Identification Test; Fluorescent Antibody Tissue Section Test; Enzyme-

Linked Immunosorbent Assay (ELISA) Test, except for approved

differential pseudorabies tests other than the glycoprotein I (gpI)

ELISA test; Latex Agglutination Test (LAT); and Particle Concentration

Fluorescence Immunoassay (PCFIA) Test.2 State, Federal, and

university laboratories will be approved by the Administrator following

his determination that the laboratory: has personnel trained at the

Veterinary Services Diagnostic Laboratory at Ames, Iowa, assigned to

supervise the test; follows standard test protocol; meets check test

proficiency requirements; and will report all test results to State and

Federal animal health officials.3

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\2\ Copies of the test protocols (Recommended Minimum Standards

for Diagnostic Tests Employed in the Diagnosis of Pseudorabies

(Aujeszky's Disease) are available upon request from the Animal and

Plant Health Inspection Service, Veterinary Services, Operational

Support, 4700 River Road Unit 33, Riverdale, MD 20737-1231.

\3\ Before the Administrator withdraws the approval of any

laboratory, the Director of the laboratory will be given a notice by

the Administrator of the proposed disapproval and the reasons for

it, and the Director will have the opportunity to respond. In those

instances where there are conflicts as to the facts, a hearing will

be held to resolve such conflicts.

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

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

[[Page 2550]]

Pseudorabies. The contagious, infectious, and communicable disease

of livestock and other animals, also known as Aujeszky's disease, mad

itch, or infectious bulbar paralysis.

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

any officer or employee of the Department 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.

State representative. A person regularly employed in the animal

health work of a State and who is authorized by that State to perform

the function involved under a cooperative agreement with the United

States Department of Agriculture.

Veterinarian in charge. The veterinary official of Veterinary

Services, APHIS, who is assigned by the Administrator to supervise and

perform official animal health work for APHIS in the State concerned.

Sec. 52.2 Payment of indemnity.

The Administrator is hereby authorized to agree, on the part of the

Department, to pay 100 percent of the expenses of purchase, destruction

and disposition of herds of swine that are destroyed because the herds

are known to be infected with pseudorabies.

Sec. 52.3 Appraisal of swine.

(a) Herds of swine destroyed because the herds are known to be

infected with pseudorabies will be appraised by an APHIS employee and a

representative of the State jointly, or, if the State authorities

approve, by an APHIS employee alone.

(b) The appraisal of swine will be based on the fair market value

as determined by the meat or breeding value of the animals. Animals may

be appraised in groups, provided that where appraisal is by the head,

each animal in the group is the same value per head, and where

appraisal is by the pound, each animal in the group is the same value

per pound.

(c) Appraisals of swine must be reported on forms furnished by

APHIS and signed by the owner of the swine. Reports of appraisals must

show the number of swine and the value per head or the weight and value

by pound. (Approved by the Office of Management and Budget under

control number 0579-0137).

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 not be restocked with swine for at least 30 days following

an approved cleaning and disinfection. 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.

Sec. 52.5 Presentation of claims.

Claims for compensation for the value of animals destroyed must

each be presented, through the inspector in charge, to APHIS on a form

furnished by APHIS.

(Approved by the Office of Management and Budget under control

number 0579-0137).

Sec. 52.6 Mortgage against animals.

When swine have been destroyed under this part, any claim for

indemnity must be presented on forms furnished by APHIS. The owner of

the swine must certify on the forms that the swine covered are, or are

not, subject to any mortgage as defined in this part. If the owner

states there is a mortgage, the owner and each person holding a

mortgage on the swine must sign, consenting to the payment of indemnity

to the person specified on the form.

(Approved by the Office of Management and Budget under control

number 0579-0137).

Sec. 52.7 Claims not allowed.

(a) The Department will not allow claims arising out of the

destruction of swine unless the swine have been appraised as prescribed

in this part and the owners have signed a written agreement to the

appraisals.

(b) The Department will not allow claims arising out of the

destruction of swine that have been moved or handled by the owner or a

representative of the owner in violation of a law or regulation

administered by the Secretary regarding animal disease, or in violation

of a law or regulation for which the Secretary has entered into a

cooperative agreement.

(Approved by the Office of Management and Budget under control

number 0579-0137).

Done in Washington, DC, this 12th day of January 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-969 Filed 1-14-99; 8:45 am]

BILLING CODE 3410-34-P