Unknown. Interim rule and request for comments
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/register/2016/02/09/2016-02530A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2016-02-09.xml --- 81 26 Tuesday, February 9, 2016 Contents Editorial Note: The printed version of the **Federal Register** Table of Contents for February 4, 2016, included an entry for Amendment of Class E Airspace: Lisbon, ND under Federal Aviation Administration. This document was not published in the February 4, 2016 issue of the **Federal Register.** Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Natural Resources Conservation Service See Rural Utilities Service AIRFORCE Air Force Department NOTICES Consent Orders:
United Launch Alliance, LLC, 6842 2016-02544 Animal Animal and Plant Health Inspection Service RULES Conditions for Payment of Highly Pathogenic Avian Influenza Indemnity Claims, 6745-6751 2016-02530 NOTICES Environmental Assessments; Availability, etc.: Highly Pathogenic Avian Influenza, 6828 2016-02526 Census Bureau Census Bureau NOTICES Meetings: National Sunshine Week Public Event; Public Workshops, 6830 2016-02525 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 6862-6863 2016-02519 Charter Renewals: Advisory Committee to the Director, 6863 2016-02480 Meetings: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, Lead Poisoning Prevention Subcommittee, 6862 2016-02574 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Privacy Act; Systems of Records, 6863-6864 2016-02527 Children Children and Families Administration NOTICES Meetings:
Tribal Consultation, 6864-6865 2016-02580 Civil Rights Civil Rights Commission NOTICES Meetings: South Dakota Advisory Committee, 6829-6830 2016-02543 Coast Guard Coast Guard RULES Drawbridge Operations: Youngs Bay, Astoria, OR, 6758 2016-02486 NOTICES Establishment of Dispersant Preauthorization Areas in Alaska, 6879-6880 2016-02559 Commerce Commerce Department See Census Bureau See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Air Force Department See Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Use of Data Universal Numbering System as Primary Contractor Identification, 6860-6861 2016-02517 Housing Price Inflation Adjustment, 6842-6843 2016-02445 Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 6830-6831 2016-02427 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Workforce Investment Act Management Information and Reporting System, 6891-6893 2016-02420 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Unified Air Pollution Control District; Employer Based Trip Reduction Programs, 6761-6763 2016-02411 California; Santa Barbara County Air Pollution Control District;
Permit Program, 6758-6761 2016-02417 California; Yolo-Solano Air Quality Management District, 6763-6765 2016-02421 National Oil and Hazardous Substance Pollution Contingency Plan: Partial Deletion of the California Gulch Superfund Site National Priorities List, 6768-6775 2016-02601 Protection of Stratospheric Ozone; Revisions to Reporting and Recordkeeping for Imports and Exports, 6765-6768 2016-02321 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:
California; Santa Barbara County Air Pollution Control District; Permit Program, 6814 2016-02419 California; Yolo-Solano Air Quality Management District, 6813 2016-02422 San Joaquin Valley Serious Area Plan and Attainment Date Extension for the 1997 PM2.5 NAAQS, 6936-6986 2016-02325 National Emission Standards for Hazardous Air Pollutant Emissions: Petroleum Refinery Sector Amendments, 6814-6824 2016-02306 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List—Partial Deletion of the California Gulch Superfund Site, 6827 2016-02599 Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency;
Comment Extension, 6813 2016-02589 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 6826 2016-02570 Protection of Stratospheric Ozone; Revisions to Reporting and Recordkeeping for Imports and Exports, 6824-6825 2016-02320 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6858 2016-02542 Meetings: National Environmental Justice Advisory Council; Public Teleconference, 6857 2016-02568 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Airbus Helicopters Deutschland GmbH Helicopters, 6751-6753 2016-02233 Rolls-Royce plc Turbofan Engines, 6755-6757 2016-02476 Turbomeca S.A. Turboshaft Engines, 6753-6755 2016-02477 NOTICES Meetings: RTCA Special Committee
(135)Environmental Conditions and Test Procedures for Airborne Equipment, 6924 2016-02561 Seventh RTCA Special Committee 229 Aircraft Emergency Locator Transmitters, 6922-6923 2016-02551 Twelfth RTCA Tactical Operations Committee, 6924-6925 2016-02550 Petitions for Exemptions; Summaries: Bowhead Mission Solutions, 6923 2016-02566 Sky-Futures USA, Inc., 6924 2016-02565 Requests to Release Airport Properties: Monroe Regional Airport, Monroe, LA, 6923 2016-02563 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6859 2016-02431 Meetings: Federal Advisory Committee Act; Technological Advisory Council, 6858-6859 2016-02430 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 6859-6860 2016-02593 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 6844 2016-02508 Applications: ANR Pipeline Co., 6850-6851 2016-02495 Combined Filings, 6844-6846, 6854-6855 2016-02468 2016-02493 2016-02494 Complaints: Southern Maryland Electric Coop., Inc., v. J.P. Morgan Ventures Energy Corp., 6850 2016-02469 Environmental Assessments; Availability, etc.: Coleman Hydro, LLC, 6853-6854 2016-02506 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Enterprise Solar, LLC, 6853 2016-02498 Escalante Solar I, LLC, 6850 2016-02499 Escalante Solar II, LLC, 6853 2016-02500 Escalante Solar III, LLC, 6849 2016-02501 Granite Mountain Solar East, LLC, 6856-6857 2016-02502 Granite Mountain Solar West, LLC, 6849 2016-02503 Innovative Solar 43, LLC, 6852-6853 2016-02496 Iron Springs Solar, LLC, 6848 2016-02504 LQA, LLC, 6855-6856 2016-02470 Nassau Energy, LLC, 6856 2016-02497 License Amendment Applications: Seneca Generation, LLC, 6848-6849 2016-02509 Meetings: Reliability Technical Conference, 6847 2016-02492 Preliminary Determinations of Qualifying Conduit Hydropower Facilities: Castle Valley Special Service District, 6851-6852 2016-02466 James W. Park, 6846-6847 2016-02467 Revised Restricted Service Lists: FFP Project 92, LLC, 6856 2016-02507 Staff Attendances, 6846 2016-02505 Federal Maritime Federal Maritime Commission NOTICES Filings of Complaints and Assignments: D.F. Young, Inc., v. NYK Line (North America) Inc., 6860 2016-02453 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Applications: TowMate, LLC; Parts and Accessories Necessary for Safe Operation, 6927-6928 2016-02511 Motor Carriers of Passengers that Serve Primarily Urban Areas with High Passenger Loads, 6925-6927 2016-02510 Federal Railroad Federal Railroad Administration RULES Safety Glazing Standards, 6775-6790 2016-02524 Food and Drug Food and Drug Administration NOTICES Guidance: Display Devices for Diagnostic Radiology, 6869-6871 2016-02521 Recommendations for Premarket Notifications for Lamotrigine and Zonisamide Assays, 6867-6868 2016-02516 Implementation Evaluation Reports: Independent Assessment of the Process for the Review of Device Submissions, 6869 2016-02545 Information Available to Industry: Training Program for Regulatory Project Managers, 6867 2016-02515 Medical Devices: Safety and Effectiveness Summaries for Premarket Approval Applications, 6865-6866 2016-02522 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 6933 2016-02436 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use of Data Universal Numbering System as Primary Contractor Identification, 6860-6861 2016-02517 Meetings: Office of Federal High-Performance Green Buildings; Green Building Advisory Committee, 6861 2016-02518 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Confidentiality of Substance Use Disorder Patient Records, 6988-7024 2016-01841 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6871 2016-02472 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Manufactured Home Procedural and Enforcement Regulations; Revision of Exemption for Recreational Vehicles, 6806-6810 2016-02387 Industry Industry and Security Bureau PROPOSED RULES Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements, 6791-6797 2016-02591 Interior Interior Department See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 6832-6840 2016-02578 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Magnesia Carbon Bricks from Mexico, 6841 2016-02553 Applications for Duty-Free Entry of Scientific Instruments: University of Kentucky, et al., 6831-6832 2016-02552 University of Minnesota, et al., 6831 2016-02558 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Footwear Products, 6886-6889 2016-02465 Commission Decision Not to Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement, 6886 2016-02416 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Mail Order Transactions, 6889-6890 2016-02528 Request to Add a Privacy Act Statement and a Paperwork Reduction Act Notice, 6890-6891 2016-02529 Proposed Consent Decrees under the Clean Water Act, 6889 2016-02474 Labor Department Labor Department See Employment and Training Administration NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use of Data Universal Numbering System as Primary Contractor Identification, 6860-6861 2016-02517 Meetings: NASA Advisory Council; Human Exploration and Operations Committee, 6893-6894 2016-02556 NASA Advisory Council; Human Exploration and Operations Committee; Research Subcommittee, 6893 2016-02557 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: McLaren Automotive, Inc. (McLaren), 6930-6932 2016-02414 Petitions for Decisions of Inconsequential Noncompliance: General Motors, LLC, 6928-6930 2016-02415 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Forms for the National Institute of Drug Abuse Summer Research Internship Program, 6874-6875 2016-02446 Drug Accountability Report Form and Investigator Registration Procedure in the Conduct of Investigational Trials for the Treatment of Cancer, 6876-6877 2016-02447 Meetings: Center for Scientific Review, 6876, 6878-6879 2016-02455 2016-02540 2016-02454 National Cancer Institute, 6872-6873 2016-02534 National Center for Complementary and Integrative Health, 6872 2016-02459 National Heart, Lung, and Blood Institute, 6872, 6875-6876 2016-02456 2016-02457 2016-02458 National Human Genome Research Institute, 6874-6875 2016-02537 2016-02538 National Institute of Allergy and Infectious Diseases, 6872, 6878-6879 2016-02532 2016-02533 2016-02535 National Institute of Neurological Disorders and Stroke, 6877-6878 2016-02536 National Institute on Alcohol Abuse and Alcoholism, 6873 2016-02539 Use of Chimpanzees in NIH-Supported Research, 6873-6874 2016-02554 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: West Coast Fisheries Participation Survey, 6841-6842 2016-02410 National Park National Park Service NOTICES Meetings: Boston Harbor Islands National Recreation Area Advisory Council, 6883-6884 2016-02481 Cape Cod National Seashore Advisory Commission, 6885 2016-02482 Paterson Great Falls National Historical Park Advisory Commission, 6885 2016-02479 National Register of Historic Places; Pending Nominations and Related Actions, 6884-6885 2016-02478 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Education and Human Resources Program Monitoring Clearance, 6894-6895 2016-02520 National Resources Natural Resources Conservation Service NOTICES Standard Review Plans: Radioactive Waste Management Guidance for NRC Staff; Final Section Revision, 6895-6897 2016-02588 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Renewal of the Naval Air Weapons Station China Lake Public Land Withdrawal, California, 6843-6844 2016-02512 Intents to Grant Exclusive Patent Licenses: NCP Coatings, Inc.; Correction, 6843 2016-02514 Meetings: U.S. Naval Academy Board of Visitors, 6843 2016-02513 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Standard Review Plans: Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors; Final Section Revision, 6897-6898 2016-02564 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annuitant's Report of Earned Income, 6903-6904 2016-02615 CSRS/FERS Documentation in Support of Disability Retirement Application, 6904 2016-02613 Initial Certification of Full-Time School Attendance, 6902-6903 2016-02611 Reinstatement of Disability Annuity Previously Terminated Because of Restoration to Earning Capacity, 6903 2016-02612 Civilian Acquisition Workforce Personnel Demonstration Project in the Department of Defense; Correction, 6902 2016-02610 Excepted Service, 6898-6902 2016-02609 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6828-6829 2016-02523 Saint Lawrence Saint Lawrence Seaway Development Corporation PROPOSED RULES Tariffs of Tolls, 6810-6813 2016-02169 Securities Securities and Exchange Commission NOTICES Applications: MassMutual Premiere Funds, et al., 6904-6905 2016-02489 Medallion Financial Corp., 6905-6908 2016-02442 Meetings; Sunshine Act, 6912 2016-02600 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 6913-6915 2016-02438 New York Stock Exchange, LLC; NYSE MKT, LLC, 6912-6913 2016-02441 NYSE Arca, Inc., 6908-6912, 6916-6917 2016-02439 2016-02440 Options Clearing Corp., 6915-6919 2016-02437 2016-02443 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6920-6921 2016-02484 Disaster Declarations: California, 6919-6920 2016-02577 Idaho, 6920 2016-02546 Mississippi; Amendment 2, 6919 2016-02483 Texas, 6920 2016-02562 State Department State Department RULES Passports: Official Passports for Officials or Employees of State, Local, Tribal or Territorial Governments Traveling Abroad and Carrying Out Official Duties in Support of the U.S. Government, 6757-6758 2016-02576 PROPOSED RULES Amendments to the International Traffic in Arms Regulations: U.S. Munitions List Categories VIII and XIX, 6797-6806 2016-02587 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Courier Drop-Off List for U.S. Passport Applications, 6921-6922 2016-02579 Meetings: Overseas Security Advisory Council, 6921 2016-02583 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 6922 2016-02646 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Saint Lawrence Seaway Development Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6932-6933 2016-02491 Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Naturalization Oath Ceremony, 6882-6883 2016-02531 Customs U.S. Customs and Border Protection NOTICES Domestic Interested Party Petitions: Tariff Classification of a Steel Tube Fitting, 6880-6882 2016-02555 Separate Parts In This Issue Part II Environmental Protection Agency, 6936-6986 2016-02325 Part III Health and Human Services Department, 6988-7024 2016-01841 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 26 Tuesday, February 9, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 53 [Docket No. APHIS-2015-0061] RIN 0579-AE14 Conditions for Payment of Highly Pathogenic Avian Influenza Indemnity Claims AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations pertaining to certain diseases of livestock and poultry to specify conditions for payment of indemnity claims for highly pathogenic avian influenza (HPAI). Specifically, we are providing a formula that will allow us to split such payments between poultry and egg owners and parties with which the owners enter into contracts to raise or care for the eggs or poultry based on the proportion of the production cycle completed. This action is necessary to ensure that all contractors are compensated appropriately. We are also providing for the payment of indemnity for eggs required to be destroyed due to HPAI, thus clarifying an existing policy. Finally, we are requiring owners and contractors, unless specifically exempted, to provide a statement that at the time of detection of HPAI in their facilities, they had in place and were following a biosecurity plan aimed at keeping HPAI from spreading to commercial premises. DATES: This interim rule is effective February 9, 2016. We will consider all comments that we receive on or before April 11, 2016. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0061.* • *Postal Mail/Commercial Delivery:* Send your comment to Docket No. APHIS-2015-0061, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Supporting documents and any comments we receive on this docket may be viewed at *http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0061* or in our reading room, which 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)799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Dr. Troy Bigelow, Senior Staff Veterinarian, Surveillance, Preparedness and Response Services; VS, APHIS, Federal Building, Room 891, 210 Walnut Street, Des Moines, IA 50309;
(515)284-4121. SUPPLEMENTARY INFORMATION: Background The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA or the Department) administers regulations at 9 CFR part 53 (referred to below as the regulations) that provide for the payment of indemnity to owners of animals that are required to be destroyed because of foot-and-mouth disease, pleuropneumonia, rinderpest, Newcastle disease, highly pathogenic avian influenza (HPAI), infectious salmon anemia, or any other communicable disease of livestock or poultry that, in the opinion of the Secretary of Agriculture, constitutes an emergency and threatens the U.S. livestock or poultry population. Payment for animals destroyed is based on the fair market value of the animals at the time of their destruction. Section 53.2 of the regulations authorizes the APHIS Administrator to cooperate with a State in the control and eradication of disease. Paragraph
(b)of this section allows for the payment of indemnity to cover the costs for purchase, destruction, and disposition of animals and materials required to be destroyed because of being contaminated by or exposed to such disease. Section 53.3 provides for the appraisal of such animals and materials. Paragraph
(a)of § 53.3 states that the appraisals shall be carried out by an APHIS employee and a representative of the State jointly, or, if the State authorities approve, by an APHIS employee alone. Under § 53.3(b), the appraisal must be based on the fair market value and shall be determined by the meat, egg production, dairy, or breeding value of such animals. Section 53.10 provides conditions under which payments will not be made on indemnity claims. Such conditions include, but are not limited to, noncompliance by the claimant with all quarantine requirements, as well the violation of laws, regulations, or cooperative agreements pertaining to movement or handling of animals by the animals' owner or employee or agent. Payments will also be disallowed for claims arising out of the destruction of animals or materials if those animals and materials have not been appraised in accordance with part 53 or if the owner has not executed a written agreement to the appraisals. Highly Pathogenic Avian Influenza There are many strains of avian influenza
(AI)virus that can cause varying degrees of clinical illness in poultry. AI viruses can infect chickens, turkeys, pheasants, quail, ducks, geese, and guinea fowl, as well as a wide variety of other birds. AI viruses can be classified as highly pathogenic or low pathogenic
(LPAI)strains based on the severity of the illness they cause. HPAI is an extremely infectious and fatal form of the disease that, once established, can spread rapidly from flock to flock. Certain strains of AI have the potential to affect humans. The U.S. poultry industry recently experienced a severe outbreak of HPAI. The outbreak was discovered in December 2014 in backyard flocks in the Pacific Northwest, and in two commercial turkey and chicken flocks in California. As of August 2015, 21 States had had HPAI detections in backyard flocks, commercial premises, captive wild birds, and/or wild birds. Established U.S. animal health policy is to eliminate notifiable AI virus (both HPAI and LPAI strains), when it is found, through depopulation ( *i.e.,* destruction and disposal) of affected poultry. APHIS, State, and local animal health officials euthanize poultry, clean and disinfect premises and equipment, and then test for elimination of the virus to ensure that farms can be safely restocked. Payment of Indemnity During the 2014-2015 outbreak, APHIS has been paying the full indemnity amount to the birds' owners—usually the poultry company—with the understanding that parties that have entered into contracts with the owners to grow or care for the animals would then be paid by the owner in accordance with contractual agreements. During the course of addressing the current 2015 outbreak, we determined that the existing regulations in part 53 do not specify that the indemnity be split between owners and contractors. Since both owners and contractors incur losses when a flock is depopulated, both should be compensated appropriately. A similar gap in the regulations concerning the payment of indemnity for LPAI became an issue for APHIS during an outbreak of LPAI in Virginia in 2002. In an interim rule published in the **Federal Register** on November 4, 2002, and effective December 9, 2002 (67 FR 67089-67096, Docket No. 02-048-1), we amended the regulations to allow the Department to pay indemnity to both contract growers and owners for poultry destroyed because of LPAI. That interim rule was followed by a final rule that provided for LPAI indemnity payments to owners and contractors. Following approval by delegates during the 2004 National Poultry Improvement Plan
(NPIP)Conference, APHIS amended the regulations via an interim rule 1 effective and published in the **Federal Register** on September 26, 2006 (71 FR 56302-56333, Docket No. APHIS-2005-0109), to establish a voluntary control program for the H5/H7 subtypes of LPAI under the auspices of the NPIP. Among other things, that interim rule established a new 9 CFR part 56 to provide for the payment of indemnity for costs associated with the eradication of H5/H7 LPAI. 1 To view the interim rule and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2005-0109.* First established under that interim rule, § 56.8 contains conditions for payments to flock owners and parties with which the owners contracted to grow and care for poultry and eggs. The section provides a formula for the distribution by APHIS of LPAI indemnity payments between owners and contractors. Due to the absence, noted above, of a provision in part 53 for split indemnity payments prior to this interim rule, there was the possibility of contractors not being compensated for losses incurred as a result of our HPAI control efforts during the 2014-2015 outbreak. APHIS believes it is important to ensure that all participants in the poultry industry with a stake in the continued health of the U.S. poultry stock are compensated for costs associated with eradication of HPAI, as well as LPAI. In this interim rule, therefore, we are incorporating into the HPAI regulations in part 53 conditions from the LPAI regulations in § 56.8 for the splitting of indemnity payments between owners and contractors. Only those conditions that are applicable to HPAI will be incorporated into part 53. These conditions are contained in a new § 53.11, titled “ *Highly pathogenic avian influenza; conditions for payment.* ” Some of the text in the new section that has been drawn from § 56.8 has been edited slightly for clarity. Paragraph
(a)of 53.11 provides a formula to enable the Administrator to determine the share of the indemnity payment that should be disbursed to the contractor. This is a two-step process. The dollar value of the contract the owner entered into with the contractor will be divided by the duration of the contract in days as it was signed prior to the HPAI outbreak. The resulting figure will then be multiplied by the time in days between the date the contractor began to provide services relating to the destroyed poultry or eggs under the contract and the date the poultry or eggs were destroyed. Paragraph
(b)states that if a contractor has received any payment under his or her contract from the owner of the poultry or eggs at the time the poultry or eggs are destroyed, the amount of indemnity from APHIS for which the contractor will be eligible will be reduced by the amount of the payment the contractor has already received from the owner. This provision will ensure that contractors will not receive indemnity payments that exceed the fair market value of the poultry or eggs. Under § 53.11(c), if indemnity is paid to a contractor, the owner of the poultry or eggs will be eligible to receive the difference between the indemnity paid to the contractor and the total amount of indemnity that may be paid for the poultry or eggs. This provision ensures that the owner will receive a fair share of the indemnity. Finally, § 53.11(d) states that if the Administrator determines that the method described in § 53.11(a) for determining the amount of indemnity to be paid to a contractor, proves to be impractical or inappropriate in a particular case, APHIS may use any other method that the Administrator deems appropriate to determine the amount of indemnity due a contractor. This paragraph provides the Administrator with the flexibility to distribute indemnity payments equitably between owner and contractor in unusual or especially complex cases. The above-listed conditions will allow contractors, as well as poultry and egg owners, to be compensated for economic losses suffered due to the destruction of poultry and eggs resulting from HPAI outbreaks. Prior to this interim rule, the regulations in part 53 covered the destruction and indemnification of eggs under the general term “materials.” APHIS has covered eggs as being materials. To provide greater clarity, we are adding references to eggs to § 53.2(b), § 53.3(a), § 53.9, and § 53.10(c) and (d). We are also adding a new paragraph
(e)to § 53.3, pertaining to the appraisal of the value of eggs destroyed due to HPAI. As is the case for the animals themselves, under § 53.3(e), indemnity payments for eggs required to be destroyed due to HPAI will be based on the fair market value of the eggs, as determined by an appraisal. Appraisals will be reported on forms furnished by APHIS. The amount of indemnity paid, together with the amount for net salvage the owner or contractor received, if any, may not exceed the appraised fair market value of the eggs. Salvage refers to any payment the owner or contractor may receive from a third party, such as a breaker facility for the eggs. Such facilities may purchase the eggs and then pasteurize them to kill the HPAI virus, so that the eggs can be used in food products. APHIS will subtract the amount of any such payments made to the owners or contractors from the indemnity amount paid out by APHIS. In addition, because § 53.4 has not specifically provided for the destruction of eggs pursuant to the eradication of HPAI, we are adding a new paragraph
(b)(currently reserved) to that section. The paragraph states that eggs infected with, exposed to, or contaminated by HPAI shall be disposed of pursuant to the regulations in part 53 under the supervision of an APHIS employee who shall prepare and transmit to the Administrator a report identifying all eggs disposed thereof. Biosecurity In some instances during the 2014-2015 outbreak, poor biosecurity practices may have led to HPAI introduction or spread within and among some commercial poultry facilities. More specifically, as discussed in our July 2015 report on HPAI-infected flocks ( *https://www.aphis.usda.gov/animal_health/animal_dis_spec/poultry/downloads/Epidemiologic-Analysis-June-15-2015.pdf* ), the existing level of biosecurity appears to have failed to protect layer and turkey facilities in the upper Midwest from HPAI. In our view, the biosecurity of layer, turkey, and broiler facilities needs to be enhanced to avoid future catastrophic outbreaks of HPAI. As a step toward achieving the goal of enhancing biosecurity, this interim rule requires both owners of poultry or eggs and contractors to provide to APHIS a statement that at the time of detection of HPAI in their facilities, they had in place and were following a biosecurity plan. Indemnity claims will be denied if the owner or contractor, unless exempted, does not provide such a statement. This requirement will be placed in a new paragraph
(g)to be added to § 53.10, the section in part 53 that covers claims not allowed Paragraph (g)(1) contains a list of several measures that a biosecurity plan should include in order to be effective at preventing the introduction of HPAI to a poultry facility. First, personnel working at such a facility should be given appropriate biosecurity training and should be subject to certain biosecurity requirements, *e.g.,* showering and changing upon, or prior to arriving at, the facility. The biosecurity plan should also include measures to prevent HPAI introduction via vehicles and equipment. A “line of separation” should be maintained, beyond which nothing should cross that could introduce the virus to poultry houses. Measures to control wild birds, rodents, and insects should be implemented, and the facility should have a source of clean water. More detailed information regarding these biosecurity measures for poultry facilities can be found at *https://iastate.app.box.com/Biosec-Officer-Info-Manual.* Educational and training materials for poultry-industry personnel are available at *http://www.poultrybiosecurity.org/.* The inclusion of the measures discussed above in an HPAI biosecurity plan is supported by the findings of our September 2015 report on HPAI-infected flocks ( *https://www.aphis.usda.gov/animal_health/animal_dis_spec/poultry/downloads/Epidemiologic-Analysis-September2015.pdf* ). For example, in that report, statistical evidence was found that having visitors follow biosecurity protocols, such as changing clothes before entering a barn, and having premises personnel disinfect barn entry areas were both associated with a lowered risk of introducing HPAI to the premises. Under paragraph (g)(2), owners and contractors will be exempted from the requirement to submit a biosecurity statement if their facilities fall under one of the following categories: Premises covered under the NPIP regulations in 9 CFR 146.22(b) (commercial table-egg laying premises with fewer than 75,000 birds) or § 146.52(b) (raised for release upland game bird and waterfowl premises that raise fewer than 25,000 birds annually) and premises where fewer than 100,000 broilers or 30,000 turkeys are raised for meat annually. Exempting such facilities will allow APHIS to concentrate on helping large commercial facilities with their biosecurity activities. These larger operations were hardest hit by the 2015 outbreak, and are in the best position to address biosecurity issues. More than 99 percent of broilers are raised on farms with more than 100,000 birds, and 97 percent of turkeys are raised on farms with more than 30,000 birds. In addition, the smaller facilities that we are exempting from the requirement are less likely to have HPAI outbreaks than are the non-exempt ones. On smaller facilities, birds density tends to be less which minimizes overall viral load. Additionally, if a smaller facility was identified with HPAI the disease is less likely to spread outward to other premises because there are fewer birds, vehicles, pieces of equipment, and employees moving onto and off of the smaller, exempted facilities when compared to the larger, non-exempted ones. To facilitate owners' and contractors' biosecurity planning, APHIS has created and distributed biosecurity training materials, which include specific examples of approaches to developing and implementing biosecurity protocols for the various types of commercial poultry operations. Further, we are increasing outreach to all producers—large, small and backyard—to educate them about biosecurity plans and how they can be implemented at the local level. APHIS is phasing in implementation and documentation of enhanced biosecurity through a biosecurity self-assessment. Initially, commercial poultry owners and contractors will be asked to voluntarily self-assess, whether their operations have implemented the measures in a general biosecurity checklist developed by APHIS ( *http://www.uspoultry.org/animal_husbandry/assessment.cfm* ). Next, each owner and/or contractor should develop a risk-based, site-specific biosecurity plan that includes standard operating procedures and a site-specific checklist. This step will be followed by the development of a plan for Federal, State, or industry-led oversight of the biosecurity plan and a mechanism for verification. We welcome comments from the public regarding the development of procedures for the oversight and verification of the biosecurity plan. Miscellaneous In addition to adding the references to eggs to § 53.2(b), we are making a couple of minor edits to the paragraph for the sake of clarity. We are incorporating footnote 1 into the text and editing one clause of the paragraph that, as written, could be interpreted as referring to the ineligibility of the animals covered by the paragraph, rather than their owners, to receive indemnity payments. The clause has been revised for accuracy, and we have also added a reference to contractors, in keeping with the other changes we are making to part 53. Emergency Action This rulemaking is necessary on an emergency basis to provide timely and equitable compensation to owners and contractors for flocks destroyed due to the disease, which may reoccur in 2016. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Orders 12866 and 13563 and Regulatory Flexibility Act This interim rule has been determined to be significant for the purposes of Executive Order 12866 and, therefore, has been reviewed by the Office of Management and Budget. We have prepared an economic analysis for this interim rule. The economic analysis provides a cost-benefit analysis, as required by Executive Orders 12866 and 13563, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The economic analysis also provides an initial regulatory flexibility analysis that examines the potential economic effects of this rule on small entities, as required by the Regulatory Flexibility Act. The economic analysis is summarized below. The full analysis may be viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov) or obtained from the person listed under FOR FURTHER INFORMATION CONTACT . APHIS is amending the regulations to include conditions for the splitting of HPAI indemnity payments when multiple parties are involved in order to ensure that all parties who suffer losses resulting from the destruction of poultry or eggs due to HPAI are compensated and compensation is distributed to parties who suffer losses based on the terms of the contract. The vast majority of contracts are expected to reflect the relative level of inputs or investments of the parties who suffer losses. This interim rule also clarifies that APHIS will pay indemnity for eggs destroyed due to HPAI and requires owners and contractors, unless exempted because their facilities are small, to provide a statement that at the time of detection of HPAI in their facilities, they had in place and were following a written biosecurity plan to address the potential spread of HPAI. The entities affected by this interim rule will be U.S. facilities primarily engaged in breeding, hatching, and raising poultry for meat or egg production, and facilities primarily engaged in slaughtering poultry. There were about 25,000 farms categorized as breeding, hatching, or raising poultry for meat production, about 28,000 farms categorized as egg producers, and 517 poultry processors in the 2012 Agricultural Census. In particular, this rule will affect poultry owners and contractors who produce poultry under production contracts. It is estimated that 97 percent of broilers were raised on production contract operations in 2011. 2 Of the farms producing broilers and other meat-type chickens, about 15,350 accounted for more than 99 percent of the total number of broilers sold in 2012 according to the Agricultural Census. 2 2011 USDA Agricultural Resource Management Survey, Version 4. The United States is the world's largest poultry producer and the second-largest egg producer. The combined value of production from broilers, eggs, turkeys, and the value of sales from chickens in 2014 was $48.3 billion, up 9 percent from $44.4 billion in 2013. Of the combined total, 68 percent was from broilers, 21 percent from eggs, 11 percent from turkeys, and less than 1 percent from chickens. 3 Broiler production, valued at over 50 billion pounds per year, is concentrated in a group of States stretching from Delaware, south along the Atlantic coast to Georgia, then westward through Alabama, Mississippi, and Arkansas. The U.S. turkey industry produces over one-quarter of a billion birds annually. Production of turkeys is somewhat more scattered geographically than broiler production, with Minnesota, North Carolina, Missouri, Arkansas and Virginia the top five turkey-producing States. U.S. laying hen operations produce over 90 billion eggs annually. The top five egg-producing States are Iowa, Ohio, Pennsylvania, Indiana, and Texas. 3 USDA, NASS. Poultry Production and Value, 2014 Summary. April 2015. In 2014, the United States exported nearly 4 million metric tons
(MT)of poultry meat valued at about $5 billion. The vast majority of exports consisted of chicken meat. Export demand for U.S. broiler products has fluctuated over the last several years because of changing economic conditions and currency exchange rates. Since the first HPAI findings in December 2014, a number of trading partners have imposed complete or partial bans on shipments of U.S. poultry and products. Broilers account for nearly all U.S. chicken consumption. Broiler production and processing occurs within highly integrated production systems. Owners of the processing facilities own, as well, the birds that are processed and contract with growers (contractors) to raise those birds before processing. The top 20 owners together accounted for 94 percent of all broilers produced in the United States in 2012, and the top 3 accounted for 49 percent. Expanded broiler production has been made possible to a large extent by the vertically integrated production system and through the use of production contracts. Almost all commercial operations raising broilers are contract growers. 4 4 MacDonald, J.M. *Technology, Organization, and Financial Performance in U.S. Broiler Production* , EIB-126 USDA Economic Research Service. June 2014. Under the system of production contracts, the contractor normally supplies the grow-out house with all the necessary heating, cooling, feeding, and watering systems. The contractor also supplies the labor needed in growing the birds. The owner normally supplies the chicks, feed, veterinary medicines and transportation. Contractors have exclusive contracts with an owner and receive payment for the services that they provide, with premiums and discounts tied to the efficiency with which feed is converted to live-weight broilers, the minimization of mortality, or the number of eggs produced. Specific contract terms and the period covered can vary. Embedded in the value of a bird at any point in time is the value of inputs by both parties. Contractors' costs are more or less fixed and are heavily committed early in the production cycle. Investments in poultry housing cannot be shifted readily to other farming activities. Currently, indemnity payments go directly to the owner of the birds who, depending on the terms of the contractual arrangement, might or might not compensate the contractor. It is important to formalize provisions to share indemnity payments between poultry owners and contractors, both of whom have productive assets imbedded in the value of the bird. When USDA pays to compensate owners and contractors for losses, that compensation should be distributed to parties who suffer losses based on the terms of the contract. APHIS' determination of the total amount of indemnity will remain the same under the interim rule as at present, based on the appraised value of the bird or eggs, the number of birds depopulated or eggs destroyed, and the age of the birds when depopulated. However, to determine the appropriate payment split between owner and contractor, APHIS may have to examine contract specifics on a case-by-case basis. This interim rule will not change the total amount of compensation paid in a given situation, but will ensure timely distribution of that compensation between the owner and contractor. This interim rule will benefit contractors who otherwise may suffer uncompensated economic losses from participating in an eradication program. To date, the generic term “materials” within the existing regulations in part 53 has been used to provide for indemnification for eggs required to be destroyed pursuant to HPAI eradication efforts. This rule will specify appropriate references to eggs, and a description of the appraisal of the value of eggs destroyed due to HPAI to the regulations. The rule will therefore simply clarify existing practice for the indemnification of destroyed eggs and will not change the total amount of any compensation paid in a given future situation. The vast majority of contractors have some level of biosecurity in place on their operations. This rule will require large owners and contractors to provide a statement that a written biosecurity plan was in place and was followed if HPAI is detected at their facilities. There are approximately 18,900 poultry operations that will be subject to this requirement. Many operations will need to review their existing biosecurity plans, and some will need to newly develop plans. We estimate that the development of a biosecurity plan could cost between about $525 and $700, while the review of an existing plan could cost about $70. If 5 percent of producers need to newly develop biosecurity plans and 95 percent need to review existing biosecurity plans, the total one-time cost for all producers could be between $1.7 million and $1.9 million. Most producers should be readily able to affirm that they were following a biosecurity plan in the case of an HPAI incident. We estimate that an owner or contractor will need at most about 0.25 to 0.50 hours to comply with this affirmation requirement, at a cost of $8.73 to $17.45 per occurrence. The total cost of this affirmation requirement will depend on the number of producers affected by a given HPAI outbreak who submit paperwork to receive indemnity. If a given outbreak were to affect 100 flocks, the total cost of this affirmation requirement would be from about $900 to $1,800 and if a given outbreak were to affect 500 flocks, the total cost would be from about $4,400 to $8,800 when rounded up to the nearest hundred. 5 5 One hundred flocks * $8.73 = $873, 100 flocks * $17.45 = $1,745, 500 flocks * $8.73 = $4,365 and 500 flocks * $17.45 = $8,725. It should be noted that these total cost estimates are limited to the cost of developing or reviewing biosecurity plans and providing a statement attesting that a biosecurity plan was in place and followed. Because this rule does not require the implementation of specific biosecurity measures, the costs associated with implementing new biosecurity measures are not included in these totals. We expect that most producers already have or will voluntarily adopt new biosecurity measures prior to the interim rule becoming effective. APHIS is distributing biosecurity training materials that include specific examples of approaches to developing and implementing biosecurity protocols for various types of commercial poultry operations. APHIS is phasing in enhanced biosecurity initially through voluntary self-assessments. Results of self-assessments in the fall of 2015 show that a significant majority of poultry producers have in place or are in the process of implementing a variety of recommended biosecurity practices. Development, following public input, of Federal, State or industry-led oversight and verification will follow. 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 2 CFR chapter IV.) 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 and recordkeeping requirements included in this interim rule have been submitted for emergency approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, we will publish a document in the **Federal Register** providing notice of the assigned OMB control number. Please send written comments on the information collection and recordkeeping requirements included in this interim rule to the following addresses:
(1)Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and
(2)Docket No. APHIS-2015-0061, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comments refer to Docket No. APHIS-2015-0061 and send your comments within 60 days of publication of this rule. This interim rule establishes regulations to provide for the equitable distribution of indemnity payment to owners and contractors by the Department for the depopulation of poultry and destruction of eggs known to be infected with HPAI and to require that, in order to receive indemnity payments, owners and contractors, unless specifically exempted, must submit a statement indicating that they had in place and were following a biosecurity plan at the time of HPAI detection in their facilities. In addition to submitting the biosecurity statement, owners and contractors must sign a payment, appraisal and agreement form and must certify as to whether any other parties hold mortgages on the flock. This interim rule also clarifies that eggs are a commodity eligible for indemnity. We are soliciting comments from the public (as well as affected agencies) concerning our information collection and recordkeeping requirements. These comments will 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 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 1.626 hours per response. *Respondents:* States; Poultry and egg owners and contractors. *Estimated annual number of respondents:* 35,925. *Estimated annual number of responses per respondent:* 1.9336. *Estimated annual number of responses:* 69,456. *Estimated total annual burden on respondents:* 112,950 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) Copies of this information collection can be obtained from Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at
(301)851-2727. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this interim rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at
(301)851-2727. List of Subjects in 9 CFR Part 53 Animal diseases, Indemnity payments, Livestock, Poultry and poultry products. Accordingly, we are amending 9 CFR part 53 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: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 2. In § 53.2, paragraph
(b)is revised to read as follows: § 53.2 Determination of existence of disease; agreements with States.
(b)Upon agreement of the authorities of the State to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of such a disease, the Administrator is hereby authorized to agree, on the part of the Department, to cooperate with the State in the control and eradication of the disease, and to pay 50 percent (and in the case of Newcastle disease or highly pathogenic avian influenza, up to 100 percent, and in the case of infectious salmon anemia, up to 60 percent) of the expenses of purchase, destruction and disposition of animals, eggs, and materials required to be destroyed because of being contaminated by or exposed to such disease: *Provided, however, that* if the animals or eggs were exposed to such disease prior to or during interstate movement and the owners or parties contracting with the owners to raise or care for the animals or eggs are not eligible to receive indemnity from any State, the Department may pay up to 100 percent of the purchase, destruction, and disposition of animals, eggs, and materials required to be destroyed; *Provided further,* that the cooperative program for the purchase, destruction, and disposition of birds shall be limited to birds which are identified in documentation pursuant to Agreements between the Department and the particular State involved relating to cooperative animal (including poultry) disease prevention, control, and eradication, as constituting a threat to the poultry industry of the United States; *And provided further,* that the Secretary may authorize other arrangements for the payment of such expenses upon finding that an extraordinary emergency exists. 3. Section § 53.3 is amended as follows: a. By revising the section heading. b. In paragraph (a), by adding the words “or eggs” after the word “Animals”. c. By adding paragraph (e). The addition and revision read as follows: § 53.3 Appraisal of animals, eggs, or materials.
(e)Indemnity for eggs required to be destroyed due to an outbreak of highly pathogenic avian influenza will be based on the fair market value of the eggs, as determined by an appraisal. Appraisals of eggs shall be reported on forms furnished by APHIS. The amount of indemnity paid, together with the amount for net salvage the owner or contractor received, if any, shall not exceed the appraised fair market value of the eggs. 4. Section 53.4 is amended as follows: a. By revising the section heading. b. By adding paragraph (b). The addition and revision read as follows: § 53.4 Destruction of animals or eggs.
(b)Eggs infected with, exposed to, or contaminated by highly pathogenic avian influenza shall be disposed of pursuant to the regulations in this part under the supervision of an APHIS employee who shall prepare and transmit to the Administrator a report identifying all eggs disposed thereof. 5. Section 53.9 is amended as follows: a. The section heading is revised. b. By adding the word “, eggs,” after the word “animals” each time it appears. The revision reads as follows: § 53.9 Mortgage against animals, eggs, or materials. 6. Section 53.10 is amended as follows: a. In paragraphs
(c)and (d), by adding the word “, eggs,” after the word “animals” each time it appears. b. By adding paragraph (g). The addition reads as follows: § 53.10 Claims not allowed.
(g)The Department will not allow claims arising out of the destruction of animals or eggs destroyed due to an outbreak of highly pathogenic avian influenza unless the owner of the animals or eggs and any party that enters into a contract with the owners to grow or care for the poultry or eggs, unless exempted under paragraph (g)(2) of this section, provide to APHIS a statement that at the time of detection of highly pathogenic avian influenza in the facility, the owner and contractor (if applicable), had in place and was following a biosecurity plan.
(1)The biosecurity plan should include the following:
(i)A biosecurity training program for premises/farm personnel;
(ii)Biosecurity protocols for personnel;
(iii)Procedures to control wild birds, rodents, and insects to reduce the risk of introduction or spread of HPAI;
(iv)Measures taken to prevent HPAI introduction via vehicles and equipment;
(v)Maintenance of a line of separation; and
(vi)A clean water source for the facility.
(2)Owners and contractors are exempted from the requirements of paragraph (g)(1) of this section if the facilities where the animals or eggs are raised or cared for falls under one of the following categories:
(i)Premises meeting the criteria of the National Poultry Improvement Plan regulations in §§ 146.22(b) or 146.52(c) of this chapter;
(ii)Premises on which fewer than 100,000 broilers are raised annually; and
(iii)Premises on which fewer than 30,000 meat turkeys are raised annually. 7. Section 53.11 is added to read as follows: § 53.11 Highly pathogenic avian influenza; conditions for payment.
(a)When poultry or eggs have been destroyed pursuant to this part, the Administrator may pay claims to any party with whom the owner of the poultry or eggs has entered into a contract for the growing or care of the poultry or eggs. The indemnity the Administrator may pay to such a party or parties shall be determined as by the following method:
(1)Divide the value in dollars of the contract the owner entered into with the contractor by the duration in days of the contract as it was signed prior to the highly pathogenic avian influenza outbreak;
(2)Multiply this figure by the time in days between the date the contractor began to provide services relating to the destroyed poultry or eggs under the contract and the date the poultry or eggs were destroyed due to highly pathogenic avian influenza.
(b)If a contractor receiving indemnity under this section has received any payment under his or her contract from the owner of the poultry or eggs at the time the poultry or eggs are destroyed, the amount of indemnity for which the contractor is eligible will be reduced by the amount of the payment the contractor has already received.
(c)If indemnity is paid to a contractor under this section, the owner of the poultry or eggs will be eligible to receive the difference between the indemnity paid to the contractors and the total amount of indemnity that may be paid for the poultry or eggs.
(d)In the event that determination of indemnity due a contractor using the method described in paragraph
(a)of this section is determined to be impractical or inappropriate, APHIS may use any other method that the Administrator deems appropriate to make that determination. Done in Washington, DC, this 3rd day of February 2016. Gary Woodward, Deputy Under Secretary for Marketing and Regulatory Programs. [FR Doc. 2016-02530 Filed 2-8-16; 8:45 am]
Connectionstraces to 6
Traces to 6 documents
5 references not yet in our index
- 9 CFR 53
- 9 CFR 56
- 9 CFR 146.22(b)
- 7 USC 8301-8317
- 7 CFR 2.22
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Interim rule and request for comments
Cite9 CFR 53
Cite9 CFR 56
Cite9 CFR 146.22(b)
Cite7 USC 8301-8317
Cite7 CFR 2.22
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