[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Proposed Rules]
[Pages 12036-12040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6374]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 63, No. 48 / Thursday, March 12, 1998 / 
Proposed Rules

[[Page 12036]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 145

[Docket No. 97-043-1]


National Poultry Improvement Plan; Special Provisions for Ostrich 
Breeding Flocks and Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the National Poultry Improvement 
Plan (the Plan) to provide for the participation of ostrich breeding 
flocks in the provisions of the Plan. The proposed addition of 
provisions for ostrich breeding flocks to the Plan was voted on and 
approved by the voting delegates at the Plan's 1996 National Plan 
Conference. Adding provisions for ostriches to the Plan would make it 
possible for the owners of ostrich flocks to voluntarily participate in 
the Plan's programs for the prevention and control of egg-transmitted, 
hatchery-disseminated poultry diseases.

DATES: Consideration will be given only to comments received on or 
before May 11, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-043-1, 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. 97-043-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1498 Klondike Road, Suite 200, 
Conyers, GA 30094-5104; (770) 922-3496; E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The National Poultry Improvement Plan (referred to below as ``the 
Plan'') is a cooperative Federal-State-industry mechanism for 
controlling certain poultry diseases. The Plan consists of a variety of 
programs intended to prevent and control egg-transmitted, hatchery-
disseminated poultry diseases. Participation in all Plan programs is 
voluntary, but flocks, hatcheries, and dealers must qualify as U.S. 
Pullorum-Typhoid Clean before participating in any other Plan program. 
Also, the regulations in 9 CFR part 82, subpart C, which provide for 
certain testing, restrictions on movement, and other restrictions on 
certain chickens, eggs, and other articles due to the presence of 
Salmonella enteritidis, require that no hatching eggs or newly hatched 
chicks from egg-type chicken breeding flocks may be moved interstate 
unless they are classified U.S. S. Enteritidis Monitored under the 
Plan, or they meet the requirements of a State classification plan that 
the Administrator of the Animal and Plant Health Inspection Service 
(APHIS) has determined to be equivalent to the Plan, in accordance with 
9 CFR 145.23(d).
    The Plan identifies States, flocks, hatcheries, and dealers that 
meet certain disease control standards specified in the Plan's various 
programs. As a result, customers can buy poultry that has tested clean 
of certain diseases or that has been produced under disease-prevention 
conditions.
    The regulations in 9 CFR part 145 (referred to below as the 
regulations) contain the general provisions of the Plan (subpart A, 
Secs. 145.1 through 145.14) and special provisions regarding the 
participation of breeding flocks of egg-type chickens (subpart B, 
Secs. 145.21 through 145.24), meat-type chickens (subpart C, 
Secs. 145.31 through 145.34), turkeys (subpart D, Secs. 145.41 through 
145.44), and waterfowl, exhibition poultry, and game birds (subpart E, 
Secs. 145.51 through 145.54). APHIS amends these provisions from time 
to time to incorporate new scientific information and technologies into 
the Plan.
    In this document, we are proposing to amend the regulations to add 
a new subpart F to provide for the participation of ostrich breeding 
flocks and their products. This proposed amendment is consistent with 
the recommendations approved by the voting delegates to the National 
Plan Conference that was held from June 30 to July 2, 1996. 
Participants in the 1996 National Plan Conference represented 
flockowners, breeders, hatcherymen, and Official State Agencies from 
all cooperating States. This proposed action is discussed in greater 
detail below.

Proposed Changes to Existing Regulations

    Our proposed addition of ostriches to the provisions of the Plan 
would entail changes to subpart A of the regulations, ``General 
Provisions,'' in order to accommodate the inclusion of ostriches and 
reflect the addition of a new subpart containing special provisions for 
ostrich breeding flocks and products.
    First, we would add ostriches to the definition of poultry in 
Sec. 145.1 to ensure that the general provisions of the regulations 
would apply, where applicable, to ostriches as well as to the types of 
poultry already covered by the Plan. With the proposed addition of 
ostriches, the definition of poultry would read: ``Domesticated fowl, 
including chickens, turkeys, ostriches, waterfowl, and game birds, 
except doves and pigeons, which are bred for the primary purpose of 
producing eggs or meat.''
    Under Sec. 145.3(c), ``Participation,'' a Plan participant in any 
State must participate with all of his poultry hatching egg supply 
flocks and hatchery operations in that State. To demonstrate compliance 
with that requirement, the Plan participant must submit a report of 
each of his breeding flocks within the State to the Official State 
Agency before the birds in a breeding flock reach 24 weeks of age. 
Under the provisions of this proposed rule, those participation 
requirements would also apply to ostrich hatching egg supply flocks and 
hatchery operations, but with one difference. Because ostriches mature 
at a slower rate than other poultry, ostrich breeding flocks would have 
to be reported to the Official State Agency before the birds in the 
flock reach 20

[[Page 12037]]

months of age, rather than 24 weeks of age as required for other 
poultry.
    Paragraph (c) of Sec. 145.5 refers to flocks qualifying for the 
U.S. Pullorum-Typhoid Clean classification as prescribed in subpart B, 
C, D, or E of part 145. Because we are proposing to add a subpart F to 
the regulations for ostriches, and because that new subpart would 
contain a U.S. Pullorum-Typhoid Clean classification for ostriches, we 
would amend Sec. 145.5(c) so that it would refer to flocks qualified 
for the classification ``as prescribed in subparts B, C, D, E, or F.'' 
A similar reference to flocks meeting the requirements of subpart B, C, 
D, or E is found in the introductory text of Sec. 145.10. We would also 
amend that text so that it includes a reference to subpart F.
    Section 145.10 contains illustrative designs or emblems that 
correspond to the Plan's various classifications. The design for the 
U.S. Pullorum-Typhoid Clean classification is found in Sec. 145.10(b), 
which currently reads ``U.S. Pullorum-Typhoid Clean. (See 
Sec. 145.23(b), Sec. 145.33(b), Sec. 145.43(b), and Sec. 145.53(b).)'' 
Because we are proposing to establish a U.S. Pullorum-Typhoid Clean 
classification for ostriches, we would amend Sec. 145.10(b) so that it 
also refers to Sec. 145.63(a), which is the section in proposed subpart 
F that would contain the requirements of the U.S. Pullorum-Typhoid 
Clean classification for ostriches. Similarly, Sec. 145.14(a)(5) refers 
to provisions of Sec. 145.23, Sec. 145.33, Sec. 145.43, and Sec. 145.53 
regarding the U.S. Pullorum-Typhoid Clean classification; we would 
include a reference to Sec. 145.63 in that paragraph as well.
    Finally, we would amend the introductory text of Sec. 145.14 by 
adding a provision regarding the blood testing of ostriches. That text 
currently states that poultry must be more than 4 months of age when 
blood tested for an official classification, except for turkeys, which 
may be blood tested at 12 weeks of age, and game birds, which may be 
blood tested when more than 4 months of age or upon reaching sexual 
maturity, whichever comes first. In providing for the blood testing of 
ostriches, we are proposing to add a similar exception. Specifically, 
we would provide that ostriches must be more than 12 months of age to 
be blood tested for an official classification. We would include that 
exception because ostriches do not reach sexual maturity until 
approximately a year after hatching. The immature ostriches are kept in 
a juvenile rearing facility for that first year, so it would not be 
necessary to test them for an official classification until such time 
as they were ready to be integrated into a breeding flock.

Proposed New Regulations

    As noted above, we would add a new subpart F, ``Special Provisions 
for Ostrich Breeding Flocks and Products,'' to the regulations to 
provide for the participation of ostrich breeding flocks in the Plan. 
The proposed new subpart, which would consist of Secs. 145.61 through 
145.63, would have the same format as existing subparts B through E, 
but would contain only the U.S. Pullorum-Typhoid Clean classification. 
Other official classifications may be added later through other 
proposed rules if voting delegates at future National Plan Conferences 
recommend that new classifications for ostrich flocks and products be 
established.
    The proposed new subpart would begin with Sec. 145.61, 
``Definitions.'' With one exception, the terms used in proposed subpart 
F are terms that are used elsewhere in the regulations and are, 
therefore, already defined in Sec. 145.1. The only term that we are 
proposing to define in proposed Sec. 145.61 is ostrich, which we would 
define as: ``Birds of the species Struthio camelus, including all 
subspecies and subspecies hybrids.'' That proposed definition would 
limit the scope of proposed subpart F to ostrich breeding flocks and 
products and would exclude flocks and products of other ratites such as 
rheas, emus, and cassowaries.
    Proposed Sec. 145.62, ``Participation,'' would take the same form 
as the ``Participation'' sections in subparts B through E 
(Secs. 145.22, 145.32, 145.42, and 145.52). The introductory text of 
the section would state that participating flocks of ostriches, and the 
eggs and chicks produced from them, would have to comply with the 
applicable general provisions of subpart A and the special provisions 
of subpart F. That statement would be included to explain the location 
of the regulations that would apply to the participation of ostrich 
flocks in the Plan.
    Paragraph (a) would provide that started poultry (young poultry 
that have been fed and watered and that are less than 6 months old) 
would lose their identity under Plan terminology--that is, they would 
not be considered U.S. Pullorum-Typhoid Clean poultry--if they were not 
maintained under the conditions prescribed in Sec. 145.5(a). Under 
Sec. 145.5(a), poultry equipment, poultry houses, and the land in their 
immediate vicinity must be kept in sanitary condition, and the 
participating flock, its eggs, and all equipment used in connection 
with the flock must be kept separated from nonparticipating flocks. The 
sanitation and segregation described in Sec. 145.5(a) are important 
factors in maintaining the health of flocks, which is why we would 
require that those conditions be met in order for started poultry to 
retain its identity under Plan terminology.
    Paragraph (b) of proposed Sec. 145.62 would require that the 
hatching eggs produced by primary breeding flocks must be fumigated or 
otherwise sanitized and refers the reader to Sec. 147.22, which 
contains procedures for the sanitation of hatching eggs. This proposed 
requirement for the sanitation of hatching eggs would serve to help 
prevent the transmission of egg-disseminated diseases that could be 
spread by unsanitized eggs.
    Proposed Sec. 145.63, ``Terminology and classification; flocks and 
products,'' would provide the criteria that would have to be met by 
ostrich breeding flocks to qualify for Plan classifications. The 
introductory text of Sec. 145.63 would, therefore, explain that 
participating flocks, and the eggs and baby poultry produced from them, 
that had met the respective requirements specified in the section could 
be designated by the terms denoting each classification (e.g., U.S. 
Pullorum-Typhoid Clean) and their corresponding designs illustrated in 
Sec. 145.10. (As noted above, although we are proposing to establish 
only a U.S. Pullorum-Typhoid Clean classification for ostriches, other 
classifications for ostrich flocks and products could be added in the 
future.)
    Paragraph (a) of proposed Sec. 145.63 would set forth the 
qualifying criteria for the U.S. Pullorum-Typhoid Clean classification 
for ostrich flocks. Ostrich flocks seeking the U.S. Pullorum Typhoid 
Clean classification would demonstrate their freedom from pullorum and 
typhoid to the Official State Agency in one of two ways, which are 
explained below. The two sets of criteria that we would include under 
proposed Sec. 145.63(a) for ostrich flocks are essentially the same as 
two of the sets of criteria provided for other poultry flocks seeking 
the U.S. Pullorum-Clean classification in subparts B through E, and 
would serve the same purpose.
    Because blood testing may be used to demonstrate a flock's freedom 
from pullorum-typhoid, the introductory text of proposed Sec. 145.63(a) 
would include a statement indicating that the procedures for pullorum-
typhoid blood testing are set out in Sec. 145.14(a). Indeed, under 
proposed Sec. 145.63(a)(1)--the first of the two proposed sets of 
criteria--a flock could qualify for the U.S. Pullorum-Typhoid Clean 
classification solely on the basis of blood testing if the flock had

[[Page 12038]]

been blood tested within the last 12 months with no reactors, i.e., 
none of the ostriches in the flock had tested positive for pullorum or 
typhoid causal agents (Salmonella pullorum and S. gallinarum, 
respectively).
    Under proposed Sec. 145.63(a)(2), a multiplier breeding flock or 
primary breeding flock could qualify for the U.S. Pullorum-Typhoid 
Clean classification if a sample (all ostriches from flocks of 30 birds 
or fewer, at least 30 ostriches from flocks up to 300 birds, or 10 
percent of the ostriches in flocks of more than 300 birds) had been 
officially tested for pullorum-typhoid within the past 12 months with 
no reactors. Proposed Sec. 145.63(a)(2) would provide that a 
bacteriological examination monitoring program could be used in lieu of 
annual blood testing if the Official State Agency and APHIS approved 
the alternative monitoring program. If the flock was a multiplier 
breeding flock located in a State that had been a U.S. Pullorum-Typhoid 
Clean State for the past 3 years, with no isolations of pullorum or 
typhoid traceable to a source in that State during that 3-year period, 
a serological examination monitoring program could also be used in lieu 
of annual blood testing with the approval of the Official State Agency 
and APHIS.
    As noted previously, the two sets of criteria for the U.S. 
Pullorum-Typhoid Clean classification for ostrich flocks described 
above are, for all practical purposes, the same as two of the sets of 
criteria provided in Secs. 145.23(b), 145.33(b), 145.43(b), and 
145.53(b) for the U.S. Pullorum-Typhoid Clean classifications for egg-
type chicken flocks, meat-type chicken flocks, turkey flocks, and 
waterfowl, exhibition poultry, and game bird flocks, respectively. 
Those criteria for demonstrating the freedom of a flock from pullorum 
and typhoid have been used, and are currently being used, successfully 
by Plan participants operating under the existing regulations in 
subparts B through E, and we believe, with the concurrence of the 
voting delegates to the 1996 National Plan Conference, that those 
criteria would be appropriate and effective for use in ostrich flocks.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would amend the Plan to provide for the 
participation of ostrich breeding flocks in the provisions of the Plan. 
Adding provisions for ostriches to the Plan would make it possible for 
the ostrich flocks to voluntarily participate in the Plan's programs 
for the prevention and control of egg-transmitted, hatchery-
disseminated poultry diseases. The proposed changes contained in this 
document are based on the recommendations of representatives of member 
States, hatcheries, dealers, flockowners, and breeders who took part in 
the Plan's 1996 National Plan Conference.
    The Plan serves as a ``seal of approval'' for egg and poultry 
producers in the sense that tests and procedures recommended by the 
Plan are considered optimal for the industry. In all cases, the changes 
proposed in this document have been generated by the industry itself 
with the goal of reducing disease risk and increasing product 
marketability.
    According to industry estimates, there were approximately 350,000 
to 500,000 ostriches of all ages in the United States in 1995. There 
were approximately 371,000 ostrich chicks hatched during the same 
period. In comparison, within the chicken industry, about 8,324 million 
chicks (broiler and meat type) were hatched by commercial hatcheries, 
with a total value to the poultry industry was about $17.2 billion in 
1995. Thus, the ostrich industry, in comparison to the rest of the 
poultry industry, is very small.
    Although participation in the Plan is voluntary, 99 percent of 
poultry breeders and hatcheries are participants in the Plan and 
benefit from various aspects of the program. There are several economic 
and other advantages that would accrue to ostrich breeders and 
hatcheries if they could participate in the Plan as a result of this 
proposed rule.
    If the bulk of ostrich producers were to participate in the Plan, 
their implementation of the Plan's management practices could be 
expected to raise, or at least maintain, the level of health of 
ostriches in the United States. Wide membership would also provide a 
voice for the ostrich industry with regard to regulatory control of 
infectious poultry diseases that affect ostriches.
    Allowing ostrich flocks to participate in the Plan could validate 
the ostrich industry in the eyes of the public and of the agricultural 
industry as whole. Participating flockowners could anticipate some 
potential advancement in the marketability of ostriches and ostrich 
products throughout the country. To those interested in acquiring 
ostriches or their products, it would be reassuring to know that these 
are from breeders and hatcheries that are participants in the Plan. 
Similarly, overseas importers may be more at ease knowing the ostriches 
and products are derived from flocks that are part of the Plan. We 
believe that it would be advantageous to those who raise ostriches and 
to the poultry industry as a whole, as well as to APHIS, that as many 
producers of poultry and poultry products, including ostriches, 
participate in the Plan and follow the standards developed and 
practiced by Plan participants.
    Because participation in any Plan program is voluntary, individuals 
are likely to continue in the program only as long as the benefits they 
receive from the program outweigh the costs of their participation. 
Tests and procedures recommended by the Plan are considered optimal for 
the industry. Any increased cost to ostrich breeders and hatcheries for 
the detection and prevention programs would be minor compared to the 
losses that each producer would bear in case of undetected disease 
spread. Furthermore, the number of birds required to be tested is small 
compared to the size of flocks within the industry. The costs of 
conducting tests, as well as the cost of specific antigens used to 
detect specific diseases, are modest. For example, the cost of 
performing Pullorum-Typhoid plate test averages between $0.04 and $0.08 
per bird. The cost of Mycoplasma gallisepticum plate test antigen is 
$0.10 per plate test, while the cost of antigen for each pullorum-
typhoid plate test is $0.08. In many States, pullorum testing is 
provided for free. Although the cost for the laboratory testing of 
blood samples from ostriches would not differ significantly from the 
cost of testing blood samples from other poultry, the process of 
obtaining blood samples from ostriches may require more resources than 
for other birds. Applying these costs to the small sizes of the ostrich 
flocks, and comparing the total potential losses that individual 
producers could incur as a result of the loss of some or all of their 
flock due to disease, the cost of testing a small number of birds would 
be minor.
    Because participation in the Plan would not be mandatory, it is not 
clear how many owners of ostriches would join the program. However, 
there are about 7,380 flockowners, owning on average between 50 and 70 
ostriches each, who could potentially join. The potential entry of the 
ostrich flocks into the Plan would not be expected to

[[Page 12039]]

change the supply and demand conditions in the market for poultry of 
any type, including ostriches; as a result, changes in prices are not 
anticipated. Finally, since the additional costs would be minor and 
could be expected to be balanced out by the benefits, we have concluded 
that the proposed rule would be unlikely to have any significant impact 
on producers or consumers. Including ostrich flocks in the Plan would 
not likely result in any significant change in program operations.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with 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 proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
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. 97-043-1. 
Please send a copy of your comments to: (1) Docket No. 97-043-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OIRM, 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 
proposed rule.
    This proposed rule would amend the provisions of the Plan to 
provide for the participation of ostrich breeding flocks and products. 
This would make it possible for the owners of ostrich flocks to 
voluntarily participate in the Plan's programs for the prevention and 
control of egg-transmitted, hatchery-disseminated poultry diseases.
    Expanding the Plan to include ostrich breeding flocks and products 
would necessitate the use of several forms that would enable us to 
acquire important information concerning sales of ostrich hatching eggs 
and chicks, flock testing reports, hatchery records, and other data. 
This information would allow us to monitor the movements of hatching 
eggs, chicks, and poults; determine the source of a hatchery-
disseminated or egg-transmitted disease, and maintain an up-to-date 
list of program participants.
    We are soliciting comments from the public (as well as affected 
agencies) concerning these proposed information collection and 
recordkeeping requirements. We need this outside input to help us:
    (1) Evaluate whether the proposed 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 that would be used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the proposed 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 1 hour per response.
    Respondents: Flockowners, breeders, hatchery operators, and State 
veterinary medical officers.
    Estimated annual number of respondents: 1.
    Estimated annual number of responses per respondent: 5.
    Estimated annual number of responses: 5.
    Estimated total annual burden on respondent: 5 hours.
    Copies of this information collection can be obtained from 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 145

    Animal diseases, Poultry and poultry products, Reporting and 
recordkeeping requirements.

    Accordingly, 9 CFR part 145 would be amended as follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

    1. The authority citation for part 145 would continue to read as 
follows:
    Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 145.1  [Amended]

    2. In Sec. 145.1, the definition of poultry would be amended by 
adding the word ``ostriches,'' immediately after the word ``turkeys,''.


Sec. 145.3  [Amended]

    3. In Sec. 145.3, in the introductory text of paragraph (c), the 
second sentence would be amended by adding the words ``or, in the case 
of ostriches, before the birds reach 20 months of age'' immediately 
after the word ``age''.


Sec. 145.5  [Amended]

    4. In Sec. 145.5, paragraph (c) would be amended by removing the 
words ``or E'' and adding the words ``E, or F'' in their place.


Sec. 145.10  [Amended]

    5. In Sec. 145.10, the introductory text of the section would be 
amended by removing the words ``or E'' and adding the words ``E, or F'' 
in their place, and paragraph (b) would be amended by removing the 
words ``and Sec. 145.53(b)'' and adding the words ``Sec. 145.53(b), and 
Sec. 145.63(a)'' in their place.


Sec. 145.14  [Amended]

    6. In Sec. 145.14, in the introductory text of the section, the 
first sentence would be amended by adding the words ``, and ostriches 
blood tested under subpart F must be more than 12 months of age'' 
immediately after the word ``first''.
    7. In Sec. 145.14, paragraph (a)(5) would be amended by removing 
the words ``and 145.53'' and adding the words ``, 145.53, and 145.63'' 
in their place.
    8. A new subpart F would be added to read as follows:

Subpart F--Special Provisions for Ostrich Breeding Flocks and 
Products

145.61 Definitions.
145.62  Participation.
145.63  Terminology and classification; flocks and products.

[[Page 12040]]

Subpart F--Special Provisions for Ostrich Breeding Flocks and 
Products


Sec. 145.61  Definitions.

    Except where the context otherwise requires, for the purposes of 
this subpart the following terms shall be construed, respectively, to 
mean:
    Ostrich. Birds of the species Struthio camelus, including all 
subspecies and subspecies hybrids.


Sec. 145.62  Participation.

    Participating flocks of ostriches, and the eggs and chicks produced 
from them, shall comply with the applicable general provisions of 
subpart A of this part and the special provisions of this subpart.
    (a) Started poultry shall lose their identity under Plan 
terminology when not maintained by Plan participants under the 
conditions prescribed in Sec. 145.5(a).
    (b) Hatching eggs produced by primary breeding flocks shall be 
fumigated or otherwise sanitized (see Sec. 147.22 of this chapter).


Sec. 145.63  Terminology and classification; flocks and products.

    Participating flocks, and the eggs and baby poultry produced from 
them, that have met the respective requirements specified in this 
section may be designated by the following terms and their 
corresponding designs illustrated in Sec. 145.10.
    (a) U.S. Pullorum-Typhoid Clean. A flock in which freedom from 
pullorum and typhoid has been demonstrated to the Official State Agency 
under the criteria in paragraph (a)(1) or (a)(2) of this section. (See 
Sec. 145.14(a) relating to the official blood test for pullorum-typhoid 
where applicable.)
    (1) It has been officially blood tested within the past 12 months 
with no reactors.
    (2) It is a multiplier or primary breeding flock in which a sample 
of each bird in flocks of 30 or fewer birds, a minimum of 30 birds from 
flocks up to 300 birds, or 10 percent of all birds from flocks 
exceeding 300 birds has been officially tested for pullorum-typhoid 
within the past 12 months with no reactors: Provided, That a 
bacteriological examination monitoring program for ostriches acceptable 
to the Official State Agency and approved by the Service may be used in 
lieu of annual blood testing: And provided further, That when a flock 
is a multiplier breeding flock located in a State which has been deemed 
to be a U.S. Pullorum-Typhoid Clean State for the past 3 years, and 
during which time no isolation of pullorum or typhoid has been made 
that can be traced to a source in that State, a bacteriological 
examination monitoring program or a serological examination monitoring 
program acceptable to the Official State Agency and approved by the 
Service may be used in lieu of annual blood testing.
    (b) [Reserved]

    Done in Washington, DC, this 9th day of March 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-6374 Filed 3-11-98; 8:45 am]
BILLING CODE 3410-34-P