81 FR 53247 - National Poultry Improvement Plan and Auxiliary Provisions
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 156 (August 12, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53247-53252 | |
| FR Document | 2016-19245 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Rules and Regulations] [Pages 53247-53252] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19245] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 56, 145, 146, and 147 [Docket No. APHIS-2014-0101] RIN 0579-AE16 National Poultry Improvement Plan and Auxiliary Provisions AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the National Poultry Improvement Plan (NPIP), its auxiliary provisions, and the indemnity regulations for the control of H5 and H7 low pathogenic avian influenza. Specifically, we are clarifying who may participate in the NPIP, amending participation requirements, amending definitions for poultry and breeding stock, amending the approval process for new diagnostic tests, and amending slaughter plant inspection and laboratory inspection and testing requirements. These changes will align the regulations with international standards and make them more transparent to Animal and Plant Health Inspection Service stakeholders and the general public. The changes in this final rule were voted on and approved by the voting delegates at the Plan's 2014 National Plan Conference. DATES: Effective September 12, 2016. FOR FURTHER INFORMATION CONTACT: Dr. Denise Brinson, DVM, Director, National Poultry Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, Suite 101, Conyers, GA 30094-5104; (770) 922-3496. SUPPLEMENTARY INFORMATION: Background The National Poultry Improvement Plan (NPIP, also 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 poultry diseases. Participation in all Plan programs is voluntary, but breeding flocks, hatcheries, and dealers must first qualify as ``U.S. Pullorum-Typhoid Clean'' as a condition for participating in the other Plan programs. The Plan identifies States, flocks, hatcheries, dealers, and slaughter plants 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 parts 145, 146, and 147 (referred to below as the regulations) contain the provisions of the Plan. The Animal and Plant Health Inspection Service (APHIS, also referred to as ``the Service'') of the U.S. Department of Agriculture (also referred to as ``the Department'') amends these provisions from time to time to incorporate new scientific information and technologies within the Plan. In addition, the regulations in 9 CFR part 56 set out conditions for the payment of indemnity for costs associated with poultry that are infected with or exposed to H5/H7 low pathogenic avian influenza and provisions for a cooperative control program for the disease. On March 24, 2016, we published in the Federal Register (81 FR 15652-15660, Docket No. APHIS-2014-0101) a proposal \1\ to amend the regulations by clarifying who may participate in the NPIP and amending participation requirements. In addition, we proposed to amend definitions of poultry and breeding stock, amend the approval process for new diagnostic tests, and amend slaughter plant inspection and laboratory inspection and testing requirements. --------------------------------------------------------------------------- \1\ To view the proposed rule and the comment we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0101. --------------------------------------------------------------------------- We solicited comments concerning our proposal for 60 days ending May 23, 2016. We received one comment by that date. It was from an individual. The issues raised by the commenter are discussed below. In the March 2016 proposed rule, we proposed to amend the definition of breeding flock in Sec. 56.1 to remove the word ``chicks'' and replace it with the word ``progeny.'' The commenter objected to this change, suggesting that many people would not know the meaning of the latter term and would find it confusing. We are not making any changes to the final rule in response to this comment. As stated in the March 2016 proposed rule, the term ``progeny'' is more accurate than ``chicks'' in this context because it is more inclusive of both chicken and turkey flocks. Young turkeys are known as poults rather than chicks. In addition, as we noted in the proposed rule, the change in terminology also makes our definition of breeding flock in Sec. 56.1 consistent with our definition of multiplier breeding flock in Sec. 145.1. The March 2016 proposed rule included a minor change to Sec. 145.12, which contains requirements for the retention and examination of records for all flocks maintained primarily for hatching eggs. We proposed to specify, in paragraph (b) of that section, that records for all breeder flock hatcheries must be made available for annual examination by a State inspector. Historically, testing records were retained at the hatchery, which allowed for examination of the records during annual inspections, but that is no longer the case. Many commercial hatcheries now keep testing records at the corporate office or another site. Our proposed amendment to Sec. 145.12 was intended to reflect this change in recordkeeping practices in the industry and also to allow flexibility in the regulations regarding who may make the records available to the State inspector. The commenter objected to this proposed change, stating that the [[Page 53248]] records should be kept at the hatchery with the flocks so that taxpayers do not have to incur additional costs due to the need for inspectors to travel to different locations. We do not agree with this comment. As noted above, we are amending the regulations to reflect current practices in the industry. By allowing hatcheries the discretion to maintain records where they would most readily be accessible when needed, we are relieving a regulatory burden. The commenter provides no evidence to support the claim that having the records kept at sites other than the hatcheries will result in additional costs to taxpayers. The commenter also stated that the proposed rule would have the effect of loosening testing standards, thereby increasing the risk of the spread of disease. We did not propose to loosen existing testing standards, as the commenter claims. We proposed instead to make some editorial changes to Sec. 145.14(b) to remove references to tests that are no longer being used, update terminology that is no longer current, and otherwise clarify the testing requirements in that section. Finally, the commenter objected to our proposed changes to the slaughter plant inspection requirements in Sec. 146.11. We will not be making any changes to the final rule in response to this comment. The commenter did not offer a rationale for opposing the proposed amendments to Sec. 146.11, which were intended to clarify our slaughter plant inspection requirements and remove language that conflicted with requirements set out elsewhere in part 146. Miscellaneous In this final rule, we are making one minor editorial change to correct an error in the regulatory text of the proposed rule. Part 146 of the regulations contains the NPIP provisions for commercial poultry. Currently, the only disease addressed in this part is H5/H7 low pathogenic avian influenza; under part 146, table-egg layer flocks, meat-type chicken slaughter plants, meat-type turkey slaughter plants, and certain types of game birds and waterfowl may participate in U.S. H5/H7 Avian Influenza Monitored classifications. Section 146.11 sets out the audit process for participating slaughter plants. Paragraph (b) states that flocks slaughtered at a slaughter plant will be considered to be not conforming to the required protocol of the classifications if there are no test results available, if the flock was not tested within 21 days before slaughter, or if the test results for the flocks were not returned before slaughter. We intended to amend paragraph (b) to state that ``a flock will be considered to be conforming to protocol if it meets the requirements as described in Sec. Sec. 146.33(a), 146.43(a), 146.53(a).'' However, we inadvertently referred to Sec. 145.33(a) instead of Sec. 146.33(a). In this final rule, we are correcting that error. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the change discussed in this document. Executive Order 12866 and Regulatory Flexibility Act This final 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. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. We are amending the NPIP, its auxiliary provisions, and the indemnity regulations for the control of H5 and H7 low pathogenic avian influenza to align the regulations with international standards and make them more transparent to stakeholders and the general public. The changes in this final rule were voted on and approved by the voting delegates at the 2014 NPIP National Plan Conference. The establishments that will be affected by the rule--principally entities engaged in poultry production and processing--are predominantly small by Small Business Administration standards. In those instances in which an addition to or modification of requirements could potentially result in a cost to certain entities, we do not expect the costs to be significant. NPIP membership is voluntary. The changes contained in this final rule were decided upon by the NPIP General Conference Committee on behalf of Plan members; that is, the changes were recognized by the poultry industry as being in their interest. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will 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 2 CFR chapter IV.) Executive Order 12988 This final 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(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this final rule, which were filed under 0579-0445, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take. 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 rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. List of Subjects 9 CFR Part 56 Animal diseases, Indemnity payments, Low pathogenic avian influenza, Poultry. 9 CFR Parts 145, 146, and 147 Animal diseases, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR parts 56, 145, 146, and 147 as follows: [[Page 53249]] PART 56--CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA 0 1. The authority citation for part 56 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 0 2. Section 56.1 is amended by revising the definition of breeding flock to read as follows: Sec. 56.1 Definitions. * * * * * Breeding flock. A flock that is composed of stock that has been developed for commercial egg or meat production and is maintained for the principal purpose of producing progeny for the ultimate production of eggs or meat for human consumption. * * * * * PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY 0 3. The authority citation for part 145 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. Sec. 145.2 [Amended] 0 4. In Sec. 145.2, paragraph (d) is amended by removing the reference ``Sec. 145.3(d)'' and adding the reference ``Sec. 145.3(e)'' in its place. 0 5. Section 145.3 is amended as follows: 0 a. By redesignating paragraphs (a) through (f) as paragraphs (b) through (g), respectively. 0 b. By adding a new paragraph (a). The addition reads as follows: Sec. 145.3 Participation. (a) The National Poultry Improvement Plan is a cooperative Federal- State-Industry program through which new or existing diagnostic technology can be effectively applied to improve poultry and poultry products by controlling or eliminating specific poultry diseases. The Plan consists of programs that identify States, flocks, hatcheries, dealers, and slaughter plants that meet specific disease control standards specified in the Plan. Participants shall maintain records to demonstrate that they adhere to the disease control programs in which they participate. * * * * * Sec. 145.12 [Amended] 0 6. Section 145.12 is amended by adding, in paragraph (b), the words ``made available to and'' before the word ``examined''. 0 7. Section 145.14 is amended as follows: 0 a. By revising paragraph (a)(5). 0 b. By revising paragraph (b)(1). The revisions read as follows: Sec. 145.14 Testing. * * * * * (a) * * * (5) The official blood test shall include the testing of a sample of blood from each bird in the flock: Provided, That under specified conditions (see applicable provisions of Sec. Sec. 145.23, 145.33, 145.43, 145.53, 145.63, 145.73, 145.83, and 145.93) the testing of a portion or sample of the birds may be used in lieu of testing each bird. * * * * * (b) * * * (1) The official tests for M. gallisepticum, M. meleagridis, and M. synoviae shall be the serum plate agglutination test, the hemagglutination inhibition (HI) test, the enzyme-linked immunosorbent assay (ELISA) test,\3\ or a molecular based test. The HI test or molecular based test shall be used to confirm the positive results of other serological screening tests. HI titers of 1:40 or more may be interpreted as suspicious, and final judgment must be based on further samplings and/or culture of reactors. Tests must be conducted in accordance with this paragraph (b) and in accordance with part 147 of this subchapter. --------------------------------------------------------------------------- \3\ Procedures for the enzyme-linked immunosorbent assay (ELISA) test are set forth in the following publications: A.A. Ansari, R.F. Taylor, T.S. Chang, ``Application of Enzyme- Linked Immunosorbent Assay for Detecting Antibody to Mycoplasma gallisepticum Infections in Poultry,'' Avian Diseases, Vol. 27, No. 1, pp. 21-35, January-March 1983; and H.M. Opitz, J.B. Duplessis, and M.J. Cyr, ``Indirect Micro- Enzyme-Linked Immunosorbent Assay for the Detection of Antibodies to Mycoplasma synoviae and M. gallisepticum,'' Avian Diseases, Vol. 27, No. 3, pp. 773-786, July-September 1983; and H.B. Ortmayer and R. Yamamoto, ``Mycoplasma Meleagridis Antibody Detection by Enzyme-Linked Immunosorbent Assay (ELISA),'' Proceedings, 30th Western Poultry Disease Conference, pp. 63-66, March 1981. --------------------------------------------------------------------------- * * * * * 0 8. In Sec. 145.42, paragraph (b) is revised to read as follows: Sec. 145.42 Participation. * * * * * (b) Hatching eggs should be nest clean. They may be fumigated in accordance with part 147 of this subchapter or otherwise sanitized. * * * * * 0 9. Section 145.53 is amended as follows: 0 a. By revising paragraphs (c)(1)(i), (c)(1)(ii) introductory text, and (c)(1)(ii)(A). 0 b. By revising paragraphs (d)(1)(i), (d)(1)(ii) introductory text, and (d)(1)(ii)(A). The revisions read as follows: Sec. 145.53 Terminology and classification; flocks and products. * * * * * (c) * * * (1) * * * (i) It is a flock in which all birds or a sample of at least 300 birds has been tested for M. gallisepticum as provided in Sec. 145.14(b) when more than 4 months of age or upon reaching sexual maturity: Provided, That to retain this classification, a random sample of serum or egg yolk or a targeted bird sample of the choanal palatine cleft/fissure area using appropriate swabs from all the birds in the flock if the flock size is less than 30, but at least 30 birds, shall be tested at intervals of not more than 90 days: And provided further, That a sample comprised of less than 30 birds may be tested at any one time, with the approval of the Official State Agency and the concurrence of the Service, provided that a total of at least 30 birds, or all birds in the flock if flock size is less than 30, is tested within each 90-day period; or (ii) It is a multiplier breeding flock which originated as U.S. M. Gallisepticum Clean baby poultry from primary breeding flocks and a random sample comprised of 50 percent of the birds in the flock, with a maximum of 200 birds and a minimum of 30 birds per flock or all birds in the flock if the flock size is less than 30 birds, has been tested for M. gallisepticum as provided in Sec. 145.14(b) when more than 4 months of age or upon reaching sexual maturity: Provided, That to retain this classification, the flock shall be subjected to one of the following procedures: (A) At intervals of not more than 90 days, a random sample of serum or egg yolk or a targeted bird sample of the choanal palatine cleft/ fissure area using appropriate swabs from all the birds in the flock if flock size is less than 30, but at least 30 birds, shall be tested; or * * * * * (d) * * * (1) * * * (i) It is a flock in which all birds or a sample of at least 300 birds has been tested for M. synoviae as provided in Sec. 145.14(b) when more than 4 months of age or upon reaching sexual maturity: Provided, That to retain this classification, a random sample of serum or egg yolk or a targeted bird sample of the choanal palatine cleft/ fissure area using appropriate swabs (C.P. swabs) from all the birds in the [[Page 53250]] flock if flock size is less than 30, but at least 30 birds, shall be tested at intervals of not more than 90 days: And provided further, That a sample comprised of less than 30 birds may be tested at any one time with the approval of the Official State Agency and the concurrence of the Service, provided that a total of at least 30 birds is tested within each 90-day period; or (ii) It is a multiplier breeding flock that originated as U.S. M. Synoviae Clean chicks from primary breeding flocks and from which a random sample comprised of 50 percent of the birds in the flock, with a maximum of 200 birds and a minimum of 30 birds per flock or all birds in the flock if the flock is less than 30 birds, has been tested for M. synoviae as provided in Sec. 145.14(b) when more than 4 months of age or upon reaching sexual maturity: Provided, That to retain this classification, the flock shall be subjected to one of the following procedures: (A) At intervals of not more than 90 days, a random sample of serum or egg yolk or a targeted bird sample of the choanal palantine cleft/ fissure area using appropriate swabs from all the birds in the flock if the flock size is less than 30, but at least 30 birds shall be tested: Provided, That a sample of fewer than 30 birds may be tested at any one time with the approval of the Official State Agency and the concurrence of the Service, provided that a total of at least 30 birds, or the entire flock if flock size is less than 30, is tested each time and a total of at least 30 birds is tested within each 90-day period; or * * * * * 0 10. Section 145.83 is amended as follows: 0 a. By revising paragraph (f)(1)(i). 0 b. By removing paragraphs (f)(1)(ii) and (f)(1)(iii). 0 c. By redesignating paragraphs (f)(1)(iv) through (f)(1)(viii) as paragraphs (f)(1)(ii) through (f)(1)(vi). 0 d. In newly redesignated paragraphs (f)(1)(v) and (f)(1)(vi) by removing the words ``(f)(1)(vi)'' and adding the words ``(f)(1)(iv)'' in their place. 0 e. By revising paragraph (f)(3). The revisions read as follows: Sec. 145.83 Terminology and classification; flocks and products. * * * * * (f) * * * (1) * * * (i) Measures shall be implemented to control Salmonella challenge through feed, feed storage, and feed transport. * * * * * (3) In order for a hatchery to sell products of paragraphs (f)(1)(i) through (f)(1)(vi) of this section, all products handled shall meet the requirements of the classification. * * * * * 0 11. In Sec. 145.92, paragraph (b) is revised to read as follows: Sec. 145.92 Participation. * * * * * (b) Hatching eggs produced by primary and multiplier breeding flocks should be nest clean. They may be fumigated in accordance with part 147 of this subchapter or otherwise sanitized. * * * * * Sec. 145.93 [Amended] 0 12. In Sec. 145.93, paragraph (c)(3) is amended by removing the number ``30'' and adding the number ``11'' in its place. PART 146--NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY 0 13. The authority citation for part 146 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 0 14. Section 146.1 is amended by revising the definition of poultry to read as follows: Sec. 146.1 Definitions. * * * * * Poultry. Domesticated fowl, including chickens, turkeys, waterfowl, and game birds, except doves and pigeons, that are bred for the primary purpose of producing eggs or meat. * * * * * 0 15. Section 146.2 is amended by revising paragraph (c) to read as follows: Sec. 146.2 Administration. * * * * * (c)(1) An Official State Agency may accept for participation a commercial table-egg layer pullet flock, commercial table-egg layer flock, or a commercial meat-type flock (including an affiliated flock) located in another participating State under a mutual understanding and agreement, in writing, between the two Official State Agencies regarding conditions of participation and supervision. (2) An Official State Agency may accept for participation a commercial table-egg layer pullet flock, commercial table-egg layer flock, or a commercial meat-type flock (including an affiliated flock) located in a State that does not participate in the Plan under a mutual understanding and agreement, in writing, between the owner of the flock and the Official State Agency regarding conditions of participation and supervision. * * * * * Sec. 146.3 [Amended] 0 16. In Sec. 146.3, paragraph (a) is amended by adding the words ``commercial table-egg layer pullet flock,'' before the words ``table- egg producer''. 0 17. In Sec. 146.11, paragraph (b) is revised to read as follows: Sec. 146.11 Inspections. * * * * * (b) A flock will be considered to be conforming to protocol if it meets the requirements as described in Sec. 146.33(a), Sec. 146.43(a), or Sec. 146.53(a). * * * * * Sec. 146.51 [Amended] 0 18. Section 146.51 is amended as follows: 0 a. In the definition of commercial upland game birds by removing the word ``purpose'' and adding in its place ``purposes'' and adding the words ``eggs and/or'' before the word ``meat''. 0 b. In the definition of commercial waterfowl, by removing the word ``purpose'' and adding in its place ``purposes'' and adding the words ``eggs and/or'' before the word ``meat''. 0 19. Section 146.52 is amended by revising paragraphs (a) and (c) to read as follows: Sec. 146.52 Participation. (a) Participating commercial upland game bird slaughter plants, commercial waterfowl slaughter plants, raised-for-release upland game bird premises, raised-for-release waterfowl premises, and commercial upland game bird and commercial waterfowl producing eggs for human consumption premises shall comply with the applicable general provisions of subpart A of this part and the special provisions of this subpart E. * * * * * (c) Raised-for-release upland game bird premises, raised-for- release waterfowl premises, and commercial upland game bird and commercial waterfowl producing eggs for human consumption premises that raise fewer than 25,000 birds annually are exempt from the special provisions of this subpart E. 0 20. Section 146.53 is amended as follows: 0 a. In paragraph (a) introductory text, by adding the words ``or, in the case of egg-producing flocks, the regular surveillance of these flocks'' after the words ``participating slaughter plant''. [[Page 53251]] 0 b. By adding paragraphs (a)(4) and (a)(5). The additions read as follows: Sec. 146.53 Terminology and classification; slaughter plants and premises. * * * * * (a) * * * (4) It is a commercial upland game bird or waterfowl flock that produces eggs for human consumption where a minimum of 11 birds per flock have been tested negative to the H5/H7 subtypes of avian influenza as provided in Sec. 146.13(b) within 30 days of disposal or within a 12 month period. (5) It is a commercial upland game bird or waterfowl flock that has an on-going active and passive surveillance program for H5/H7 subtypes of avian influenza that is approved by the Official State Agency and the Service. * * * * * PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN 0 21. The authority citation for part 147 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 0 22. In Sec. 147.52, paragraph (d) is revised to read as follows: Sec. 147.52 Authorized laboratories. * * * * * (d) State site visit. The Official State Agency will conduct a site visit and recordkeeping audit at least once every 2 years. This will include, but may not be limited to, review of technician training records, check test proficiency, and test results. The information from the site visit and recordkeeping audit will be made available to the NPIP upon request. * * * * * 0 23. Section 147.54 is revised to read as follows: Sec. 147.54 Approval of diagnostic test kits not licensed by the Service. (a) Diagnostic test kits that are not licensed by the Service (e.g., bacteriological culturing kits) may be approved through the following procedure: (1) The sensitivity of the kit will be evaluated in at least three NPIP authorized laboratories by testing known positive samples, as determined by the official NPIP procedures found in the NPIP Program Standards or through other procedures approved by the Administrator. Field samples for which the presence or absence of the target organism or analyte has been determined by the current NPIP test should be used, not spiked samples or pure cultures. Samples from a variety of field cases representing a range of low, medium, and high analyte concentrations should be used. In some cases it may be necessary to utilize samples from experimentally infected animals. Spiked samples (clinical sample matrix with a known amount of pure culture added) should only be used in the event that no other sample types are available. Pure cultures should never be used. Additionally, laboratories should be selected for their experience with testing for the target organism or analyte with the current NPIP approved test. If certain conditions or interfering substances are known to affect the performance of the kit, appropriate samples will be included so that the magnitude and significance of the effect(s) can be evaluated. (2) The specificity of the kit will be evaluated in at least three NPIP authorized laboratories by testing known negative samples, as determined by tests conducted in accordance with the NPIP Program Standards or other procedures approved by the Administrator in accordance with Sec. 147.53(d)(1). If certain conditions or interfering substances are known to affect the performance of the kit, appropriate samples will be included so that the magnitude and significance of the effect(s) can be evaluated. (3) The kit will be provided to the cooperating laboratories in its final form and include the instructions for use. The cooperating laboratories must perform the assay exactly as stated in the supplied instructions. Each laboratory must test a panel of at least 25 known positive samples. In addition, each laboratory will be asked to test at least 50 known negative samples obtained from several sources, to provide a representative sampling of the general population. The cooperating laboratories must perform a current NPIP procedure or NPIP approved test on the samples alongside the test kit for comparison. (4) Cooperating laboratories will submit to the kit manufacturer all raw data regarding the assay response. Each sample tested will be reported as positive or negative, and the official NPIP procedure used to classify the sample must be submitted in addition to the assay response value. A completed worksheet for diagnostic test evaluation is required to be submitted with the raw data and may be obtained by contacting the NPIP Senior Coordinator. Raw data and the completed worksheet for diagnostic test evaluation must be submitted to the NPIP Senior Coordinator 4 months prior to the next scheduled General Conference Committee meeting, which is when approval will be sought. (5) The findings of the cooperating laboratories will be evaluated by the NPIP Technical Committee, and the Technical Committee will make a majority recommendation whether to approve the test kit to the General Conference Committee at the next scheduled General Conference Committee meeting. If the Technical Committee recommends approval, the final approval will be granted in accordance with the procedures described in Sec. Sec. 147.46, 147.47, and 147.48. (6) Diagnostic test kits that are not licensed by the Service (e.g., bacteriological culturing kits) and that have been approved for use in the NPIP in accordance with this section are listed in the NPIP Program Standards. (b) Approved tests modification and removal. (1) The specific data required for modifications of previously approved tests will be taken on a case-by-case basis by the technical committee. (2) If the Technical Committee determines that only additional field data is needed at the time of submission for a modification of a previously approved test, allow for a conditional approval for 60 days for data collection side-by-side with a current test. The submitting party must provide complete protocol and study design, including criteria for pass/fail to the Technical Committee. The Technical Committee must review the data prior to final approval. This would only apply to the specific situation where a modified test needs additional field data with poultry to be approved. (3) Approved diagnostic tests may be removed from the Plan by submission of a proposed change from a participant, Official State Agency, the Department, or other interested person or industry organization. The data in support of removing an approved test will be compiled and evaluated by the NPIP Technical Committee, and the Technical Committee will make a majority recommendation whether to remove the test kit to the General Conference Committee at the next scheduled General Conference Committee meeting. If the Technical Committee recommends removal, the final decision to remove the test will be granted in accordance with the procedures described in Sec. Sec. 147.46, 147.47, and 147.48. [[Page 53252]] Done in Washington, DC, this 9th day of August 2016. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-19245 Filed 8-11-16; 8:45 am] BILLING CODE 3410-34-P
![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53247
This final rule adopts the proposed participation requirements, amending 15660, Docket No. APHIS–2014–0101) a
rule without change, and therefore Dairy definitions for poultry and breeding proposal 1 to amend the regulations by
Board importer representation is stock, amending the approval process clarifying who may participate in the
decreased from two importer members for new diagnostic tests, and amending NPIP and amending participation
to one importer member. slaughter plant inspection and requirements. In addition, we proposed
Pursuant to 5 U.S.C. 553, it is found laboratory inspection and testing to amend definitions of poultry and
and determined that good cause exists requirements. These changes will align breeding stock, amend the approval
for not postponing the effective date of the regulations with international process for new diagnostic tests, and
this rule until 30 days after publication standards and make them more amend slaughter plant inspection and
in the Federal Register because this rule transparent to Animal and Plant Health laboratory inspection and testing
should be in effect as soon as possible Inspection Service stakeholders and the requirements.
to appoint Dairy Board members for the general public. The changes in this final We solicited comments concerning
2016–2019 term. rule were voted on and approved by the our proposal for 60 days ending May 23,
voting delegates at the Plan’s 2014 2016. We received one comment by that
List of Subjects in 7 CFR Part 1150
National Plan Conference. date. It was from an individual. The
Dairy products, Milk, Promotion, DATES: Effective September 12, 2016. issues raised by the commenter are
Research. discussed below.
FOR FURTHER INFORMATION CONTACT: Dr.
For the reasons set forth in the Denise Brinson, DVM, Director, In the March 2016 proposed rule, we
preamble, 7 CFR part 1150 is amended National Poultry Improvement Plan, VS, proposed to amend the definition of
as follows: APHIS, USDA, 1506 Klondike Road, breeding flock in § 56.1 to remove the
Suite 101, Conyers, GA 30094–5104; word ‘‘chicks’’ and replace it with the
PART 1150—DAIRY PROMOTION word ‘‘progeny.’’ The commenter
(770) 922–3496.
PROGRAM objected to this change, suggesting that
SUPPLEMENTARY INFORMATION:
many people would not know the
■ 1. The authority citation for 7 CFR Background meaning of the latter term and would
part 1150 continues to read as follows: find it confusing.
The National Poultry Improvement
Authority: 7 U.S.C. 4501–4514 and 7 We are not making any changes to the
Plan (NPIP, also referred to below as
U.S.C. 7401. final rule in response to this comment.
‘‘the Plan’’) is a cooperative Federal-
■ 2. In § 1150.131, paragraph (c) is As stated in the March 2016 proposed
State-industry mechanism for
revised to read as follows: rule, the term ‘‘progeny’’ is more
controlling certain poultry diseases. The
accurate than ‘‘chicks’’ in this context
§ 1150.131 Establishment and Plan consists of a variety of programs
because it is more inclusive of both
membership. intended to prevent and control poultry
chicken and turkey flocks. Young
* * * * * diseases. Participation in all Plan
turkeys are known as poults rather than
(c) One member of the board shall be programs is voluntary, but breeding
chicks. In addition, as we noted in the
an importer who is subject to flocks, hatcheries, and dealers must first
proposed rule, the change in
assessments under § 1150.152(b). qualify as ‘‘U.S. Pullorum-Typhoid
terminology also makes our definition of
* * * * * Clean’’ as a condition for participating
breeding flock in § 56.1 consistent with
in the other Plan programs.
Dated: August 8, 2016. our definition of multiplier breeding
The Plan identifies States, flocks,
Elanor Starmer, flock in § 145.1.
hatcheries, dealers, and slaughter plants The March 2016 proposed rule
Administrator. that meet certain disease control included a minor change to § 145.12,
[FR Doc. 2016–19140 Filed 8–11–16; 8:45 am] standards specified in the Plan’s various which contains requirements for the
BILLING CODE 3410–02–P programs. As a result, customers can retention and examination of records for
buy poultry that has tested clean of all flocks maintained primarily for
certain diseases or that has been hatching eggs. We proposed to specify,
DEPARTMENT OF AGRICULTURE produced under disease-prevention in paragraph (b) of that section, that
conditions. records for all breeder flock hatcheries
Animal and Plant Health Inspection The regulations in 9 CFR parts 145,
Service must be made available for annual
146, and 147 (referred to below as the
examination by a State inspector.
regulations) contain the provisions of
9 CFR Parts 56, 145, 146, and 147 Historically, testing records were
the Plan. The Animal and Plant Health
retained at the hatchery, which allowed
[Docket No. APHIS–2014–0101] Inspection Service (APHIS, also referred
for examination of the records during
to as ‘‘the Service’’) of the U.S.
RIN 0579–AE16 annual inspections, but that is no longer
Department of Agriculture (also referred
the case. Many commercial hatcheries
to as ‘‘the Department’’) amends these
National Poultry Improvement Plan and now keep testing records at the
provisions from time to time to
Auxiliary Provisions corporate office or another site. Our
incorporate new scientific information
proposed amendment to § 145.12 was
AGENCY: Animal and Plant Health and technologies within the Plan. In
intended to reflect this change in
Inspection Service, USDA. addition, the regulations in 9 CFR part
recordkeeping practices in the industry
ACTION: Final rule. 56 set out conditions for the payment of
and also to allow flexibility in the
indemnity for costs associated with
regulations regarding who may make the
SUMMARY: We are amending the National poultry that are infected with or
ehiers on DSK5VPTVN1PROD with RULES
records available to the State inspector.
Poultry Improvement Plan (NPIP), its exposed to H5/H7 low pathogenic avian The commenter objected to this
auxiliary provisions, and the indemnity influenza and provisions for a proposed change, stating that the
regulations for the control of H5 and H7 cooperative control program for the
low pathogenic avian influenza. disease. 1 To view the proposed rule and the comment we
Specifically, we are clarifying who may On March 24, 2016, we published in received, go to http://www.regulations.gov/
participate in the NPIP, amending the Federal Register (81 FR 15652– #!docketDetail;D=APHIS-2014-0101.
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![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53249
PART 56—CONTROL OF H5/H7 LOW ■ a. By revising paragraph (a)(5). ■ b. By revising paragraphs (d)(1)(i),
PATHOGENIC AVIAN INFLUENZA ■ b. By revising paragraph (b)(1). (d)(1)(ii) introductory text, and
The revisions read as follows: (d)(1)(ii)(A).
■ 1. The authority citation for part 56 The revisions read as follows:
continues to read as follows: § 145.14 Testing.
* * * * * § 145.53 Terminology and classification;
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, flocks and products.
2.80, and 371.4.
(a) * * *
(5) The official blood test shall * * * * *
■ 2. Section 56.1 is amended by revising include the testing of a sample of blood (c) * * *
the definition of breeding flock to read from each bird in the flock: Provided, (1) * * *
as follows: That under specified conditions (see (i) It is a flock in which all birds or
applicable provisions of §§ 145.23, a sample of at least 300 birds has been
§ 56.1 Definitions.
145.33, 145.43, 145.53, 145.63, 145.73, tested for M. gallisepticum as provided
* * * * * 145.83, and 145.93) the testing of a in § 145.14(b) when more than 4 months
Breeding flock. A flock that is of age or upon reaching sexual maturity:
portion or sample of the birds may be
composed of stock that has been Provided, That to retain this
used in lieu of testing each bird.
developed for commercial egg or meat
* * * * * classification, a random sample of
production and is maintained for the
(b) * * * serum or egg yolk or a targeted bird
principal purpose of producing progeny
(1) The official tests for M. sample of the choanal palatine cleft/
for the ultimate production of eggs or
gallisepticum, M. meleagridis, and M. fissure area using appropriate swabs
meat for human consumption.
synoviae shall be the serum plate from all the birds in the flock if the flock
* * * * * agglutination test, the hemagglutination size is less than 30, but at least 30 birds,
inhibition (HI) test, the enzyme-linked shall be tested at intervals of not more
PART 145—NATIONAL POULTRY
immunosorbent assay (ELISA) test,3 or a than 90 days: And provided further,
IMPROVEMENT PLAN FOR BREEDING
POULTRY molecular based test. The HI test or That a sample comprised of less than 30
molecular based test shall be used to birds may be tested at any one time,
■ 3. The authority citation for part 145 confirm the positive results of other with the approval of the Official State
continues to read as follows: serological screening tests. HI titers of Agency and the concurrence of the
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 1:40 or more may be interpreted as Service, provided that a total of at least
2.80, and 371.4. suspicious, and final judgment must be 30 birds, or all birds in the flock if flock
based on further samplings and/or size is less than 30, is tested within each
§ 145.2 [Amended] culture of reactors. Tests must be 90-day period; or
■ 4. In § 145.2, paragraph (d) is conducted in accordance with this (ii) It is a multiplier breeding flock
amended by removing the reference paragraph (b) and in accordance with which originated as U.S. M.
‘‘§ 145.3(d)’’ and adding the reference part 147 of this subchapter. Gallisepticum Clean baby poultry from
‘‘§ 145.3(e)’’ in its place. * * * * * primary breeding flocks and a random
■ 5. Section 145.3 is amended as
sample comprised of 50 percent of the
■ 8. In § 145.42, paragraph (b) is revised
follows: birds in the flock, with a maximum of
to read as follows:
■ a. By redesignating paragraphs (a) 200 birds and a minimum of 30 birds
through (f) as paragraphs (b) through (g), § 145.42 Participation. per flock or all birds in the flock if the
respectively. * * * * * flock size is less than 30 birds, has been
■ b. By adding a new paragraph (a). (b) Hatching eggs should be nest tested for M. gallisepticum as provided
The addition reads as follows: clean. They may be fumigated in in § 145.14(b) when more than 4 months
accordance with part 147 of this of age or upon reaching sexual maturity:
§ 145.3 Participation. Provided, That to retain this
subchapter or otherwise sanitized.
(a) The National Poultry Improvement classification, the flock shall be
Plan is a cooperative Federal-State- * * * * *
subjected to one of the following
Industry program through which new or ■ 9. Section 145.53 is amended as
procedures:
existing diagnostic technology can be follows: (A) At intervals of not more than 90
effectively applied to improve poultry ■ a. By revising paragraphs (c)(1)(i),
days, a random sample of serum or egg
and poultry products by controlling or (c)(1)(ii) introductory text, and
yolk or a targeted bird sample of the
eliminating specific poultry diseases. (c)(1)(ii)(A).
choanal palatine cleft/fissure area using
The Plan consists of programs that appropriate swabs from all the birds in
3 Procedures for the enzyme-linked
identify States, flocks, hatcheries, the flock if flock size is less than 30, but
immunosorbent assay (ELISA) test are set forth in
dealers, and slaughter plants that meet the following publications: at least 30 birds, shall be tested; or
specific disease control standards A.A. Ansari, R.F. Taylor, T.S. Chang, * * * * *
specified in the Plan. Participants shall ‘‘Application of Enzyme-Linked Immunosorbent (d) * * *
maintain records to demonstrate that Assay for Detecting Antibody to Mycoplasma
gallisepticum Infections in Poultry,’’ Avian (1) * * *
they adhere to the disease control Diseases, Vol. 27, No. 1, pp. 21–35, January-March (i) It is a flock in which all birds or
programs in which they participate. 1983; and a sample of at least 300 birds has been
* * * * * H.M. Opitz, J.B. Duplessis, and M.J. Cyr, ‘‘Indirect tested for M. synoviae as provided in
Micro-Enzyme-Linked Immunosorbent Assay for § 145.14(b) when more than 4 months of
§ 145.12 [Amended] the Detection of Antibodies to Mycoplasma
synoviae and M. gallisepticum,’’ Avian Diseases, age or upon reaching sexual maturity:
ehiers on DSK5VPTVN1PROD with RULES
■ 6. Section 145.12 is amended by Vol. 27, No. 3, pp. 773–786, July-September 1983; Provided, That to retain this
adding, in paragraph (b), the words and classification, a random sample of
‘‘made available to and’’ before the word H.B. Ortmayer and R. Yamamoto, ‘‘Mycoplasma serum or egg yolk or a targeted bird
‘‘examined’’. Meleagridis Antibody Detection by Enzyme-Linked
Immunosorbent Assay (ELISA),’’ Proceedings, 30th
sample of the choanal palatine cleft/
■ 7. Section 145.14 is amended as Western Poultry Disease Conference, pp. 63–66, fissure area using appropriate swabs
follows: March 1981. (C.P. swabs) from all the birds in the
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![53250 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
flock if flock size is less than 30, but at (f)(1)(vi) of this section, all products and the Official State Agency regarding
least 30 birds, shall be tested at intervals handled shall meet the requirements of conditions of participation and
of not more than 90 days: And provided the classification. supervision.
further, That a sample comprised of less * * * * * * * * * *
than 30 birds may be tested at any one ■ 11. In § 145.92, paragraph (b) is
time with the approval of the Official § 146.3 [Amended]
revised to read as follows:
State Agency and the concurrence of the ■ 16. In § 146.3, paragraph (a) is
Service, provided that a total of at least § 145.92 Participation. amended by adding the words
30 birds is tested within each 90-day * * * * * ‘‘commercial table-egg layer pullet
period; or (b) Hatching eggs produced by flock,’’ before the words ‘‘table-egg
(ii) It is a multiplier breeding flock primary and multiplier breeding flocks producer’’.
that originated as U.S. M. Synoviae should be nest clean. They may be ■ 17. In § 146.11, paragraph (b) is
Clean chicks from primary breeding fumigated in accordance with part 147 revised to read as follows:
flocks and from which a random sample of this subchapter or otherwise
comprised of 50 percent of the birds in sanitized. § 146.11 Inspections.
the flock, with a maximum of 200 birds * * * * * * * * * *
and a minimum of 30 birds per flock or (b) A flock will be considered to be
all birds in the flock if the flock is less § 145.93 [Amended] conforming to protocol if it meets the
than 30 birds, has been tested for M. ■ 12. In § 145.93, paragraph (c)(3) is requirements as described in
synoviae as provided in § 145.14(b) amended by removing the number ‘‘30’’ § 146.33(a), § 146.43(a), or § 146.53(a).
when more than 4 months of age or and adding the number ‘‘11’’ in its * * * * *
upon reaching sexual maturity: place.
Provided, That to retain this § 146.51 [Amended]
classification, the flock shall be PART 146—NATIONAL POULTRY ■ 18. Section 146.51 is amended as
subjected to one of the following IMPROVEMENT PLAN FOR follows:
procedures: COMMERCIAL POULTRY ■ a. In the definition of commercial
(A) At intervals of not more than 90 upland game birds by removing the
days, a random sample of serum or egg ■ 13. The authority citation for part 146 word ‘‘purpose’’ and adding in its place
yolk or a targeted bird sample of the continues to read as follows: ‘‘purposes’’ and adding the words ‘‘eggs
choanal palantine cleft/fissure area Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, and/or’’ before the word ‘‘meat’’.
using appropriate swabs from all the 2.80, and 371.4. ■ b. In the definition of commercial
birds in the flock if the flock size is less waterfowl, by removing the word
than 30, but at least 30 birds shall be ■ 14. Section 146.1 is amended by
revising the definition of poultry to read ‘‘purpose’’ and adding in its place
tested: Provided, That a sample of fewer ‘‘purposes’’ and adding the words ‘‘eggs
than 30 birds may be tested at any one as follows:
and/or’’ before the word ‘‘meat’’.
time with the approval of the Official § 146.1 Definitions. ■ 19. Section 146.52 is amended by
State Agency and the concurrence of the * * * * * revising paragraphs (a) and (c) to read as
Service, provided that a total of at least Poultry. Domesticated fowl, including follows:
30 birds, or the entire flock if flock size chickens, turkeys, waterfowl, and game
is less than 30, is tested each time and birds, except doves and pigeons, that are § 146.52 Participation.
a total of at least 30 birds is tested bred for the primary purpose of (a) Participating commercial upland
within each 90-day period; or producing eggs or meat. game bird slaughter plants, commercial
* * * * * * * * * * waterfowl slaughter plants, raised-for-
■ 10. Section 145.83 is amended as release upland game bird premises,
■ 15. Section 146.2 is amended by
follows: raised-for-release waterfowl premises,
revising paragraph (c) to read as follows: and commercial upland game bird and
■ a. By revising paragraph (f)(1)(i).
■ b. By removing paragraphs (f)(1)(ii) § 146.2 Administration. commercial waterfowl producing eggs
and (f)(1)(iii). * * * * * for human consumption premises shall
■ c. By redesignating paragraphs comply with the applicable general
(c)(1) An Official State Agency may
(f)(1)(iv) through (f)(1)(viii) as accept for participation a commercial provisions of subpart A of this part and
paragraphs (f)(1)(ii) through (f)(1)(vi). table-egg layer pullet flock, commercial the special provisions of this subpart E.
■ d. In newly redesignated paragraphs * * * * *
table-egg layer flock, or a commercial
(f)(1)(v) and (f)(1)(vi) by removing the meat-type flock (including an affiliated (c) Raised-for-release upland game
words ‘‘(f)(1)(vi)’’ and adding the words flock) located in another participating bird premises, raised-for-release
‘‘(f)(1)(iv)’’ in their place. State under a mutual understanding and waterfowl premises, and commercial
■ e. By revising paragraph (f)(3).
agreement, in writing, between the two upland game bird and commercial
The revisions read as follows: waterfowl producing eggs for human
Official State Agencies regarding
§ 145.83 Terminology and classification; conditions of participation and consumption premises that raise fewer
flocks and products. supervision. than 25,000 birds annually are exempt
* * * * * (2) An Official State Agency may from the special provisions of this
(f) * * * accept for participation a commercial subpart E.
(1) * * * table-egg layer pullet flock, commercial ■ 20. Section 146.53 is amended as
ehiers on DSK5VPTVN1PROD with RULES
(i) Measures shall be implemented to table-egg layer flock, or a commercial follows:
control Salmonella challenge through meat-type flock (including an affiliated ■ a. In paragraph (a) introductory text,
feed, feed storage, and feed transport. flock) located in a State that does not by adding the words ‘‘or, in the case of
* * * * * participate in the Plan under a mutual egg-producing flocks, the regular
(3) In order for a hatchery to sell understanding and agreement, in surveillance of these flocks’’ after the
products of paragraphs (f)(1)(i) through writing, between the owner of the flock words ‘‘participating slaughter plant’’.
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![53252 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
Done in Washington, DC, this 9th day of www.baesystems.com/Businesses/ The European Aviation Safety Agency
August 2016. RegionalAircraft/index.htm. You may (EASA), which is the Technical Agent
Jere L. Dick, view this referenced service information for the Member States of the European
Acting Administrator, Animal and Plant at the FAA, Transport Airplane Union, has issued EASA Airworthiness
Health Inspection Service. Directorate, 1601 Lind Avenue SW., Directive 2014–0047; corrected February
[FR Doc. 2016–19245 Filed 8–11–16; 8:45 am] Renton, WA. For information on the 26, 2015 (referred to after this as the
BILLING CODE 3410–34–P availability of this material at the FAA, Mandatory Continuing Airworthiness
call 425–227–1221. It is also available Information, or ‘‘the MCAI’’); to correct
on the Internet at http:// an unsafe condition. The MCAI states:
DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for Corrosion of the wing fixed leading edge
and locating Docket No. FAA–2016– structure was detected on a BAe 146
Federal Aviation Administration 5465. aeroplane during removal of wing removable
edge for a repair. The review of available
Examining the AD Docket scheduled tasks intended to detect
14 CFR Part 39
You may examine the AD docket on environmental and fatigue deteriorations of
[Docket No. FAA–2016–5465; Directorate the wing revealed that they may not have
Identifier 2015–NM–041–AD; Amendment
the Internet at http://
www.regulations.gov by searching for been sufficient to identify corrosion or
39–18609; AD 2016–16–11] fatigue damage in the affected structural area.
and locating Docket No. FAA–2016–
RIN 2120–AA64 This condition, if not detected and
5465; or in person at the Docket corrected, could lead to degradation of the
Management Facility between 9 a.m. structural integrity of the wing.
Airworthiness Directives; BAE and 5 p.m., Monday through Friday,
Systems (Operations) Limited To address this potential unsafe condition,
except Federal holidays. The AD docket EASA issued AD 2009–0014 [which
Airplanes contains this AD, the regulatory corresponds to FAA AD 2010–10–13] to
AGENCY: Federal Aviation evaluation, any comments received, and require repetitive inspections of fixed wing
Administration (FAA), Department of other information. The address for the leading edge and front spar structure [for
Docket Office (telephone 800–647–5527) cracking and corrosion, and repair if
Transportation (DOT).
is Docket Management Facility, U.S. necessary] in accordance with BAE Systems
ACTION: Final rule. (Operations) Ltd Inspection Service Bulletin
Department of Transportation, Docket (ISB) ISB.57–072 which incorporated two
SUMMARY: We are superseding Operations, M–30, West Building possible inspection procedures, either
Airworthiness Directive (AD) 2010–10– Ground Floor, Room W12–140, 1200 method 1, a combination of a detailed visual
13, for all BAE Systems (Operations) New Jersey Avenue SE., Washington, inspection (DVI) and a visual inspection (VI)
Limited Model BAe 146 and Avro 146 DC 20590. after removal of the outer fixed leading edge
series airplanes. AD 2010–10–13 FOR FURTHER INFORMATION CONTACT: only, or method 2, a DVI only, after removal
required repetitive inspections of the Todd Thompson, Aerospace Engineer, of the inner, centre and outer fixed leading
wing fixed leading edge and front spar edges.
International Branch, ANM–116, Since that [EASA] AD was issued, BAE
structure for corrosion and cracking, Transport Airplane Directorate, FAA, Systems (Operations) Ltd issued ISB.57–072
and repair if necessary. This new AD 1601 Lind Avenue SW., Renton, WA Revision 1 to correct a material reference
requires revised inspection procedures 98057–3356; telephone 425–227–1175; number, Revision 2, which removed method
that terminate a previously approved fax 425–227–1149. 1 as an available inspection procedure to
inspection procedure. This AD was SUPPLEMENTARY INFORMATION: detect fatigue and environmental damage of
prompted by revised inspection the wing structure and Revision 3 to delete
procedures issued by the Design Discussion the requirement to install weights if the
Approval Holder (DAH). We are issuing engines were removed when the leading
We issued a notice of proposed edges were removed.
this AD to detect and correct corrosion rulemaking (NPRM) to amend 14 CFR For the reasons described above, this
and cracking of the wing fixed leading part 39 to supersede AD 2010–10–13, [EASA] AD retains the requirements of EASA
edge and front spar structure, which Amendment 39–16292 (75 FR 27419, AD 2009–0014, which is superseded, but
could result in reduced structural May 17, 2010) (‘‘AD 2010–10–13’’). AD requires accomplishment of the [repetitive]
integrity of the airplane. 2010–10–13 applied to all BAE Systems inspections in accordance with updated
DATES: This AD is effective September (Operations) Limited Model BAe 146 inspection procedures, i.e. method 2 only.
16, 2016. and Avro 146 series airplanes. The This [EASA] AD is re-published to correct
The Director of the Federal Register NPRM published in the Federal a typographical error in Table 1, restoring a
approved the incorporation by reference compliance time as previously required by
Register on April 20, 2016 (81 FR EASA AD 2009–0014.
of a certain publication listed in this AD 23208) (‘‘the NPRM’’). The NPRM was
as of September 16, 2016. prompted by revised inspection The repetitive inspection interval for
The Director of the Federal Register procedures issued by the DAH. The the detailed visual inspection for
approved the incorporation by reference NPRM proposed to continue to require cracking and corrosion of the wing fixed
of a certain other publication listed in repetitive inspections of the wing fixed leading edge and front spar structure is:
this AD as of June 21, 2010 (75 FR leading edge and front spar structure for • 12 years or 36,000 flight cycles,
27419, May 17, 2010). corrosion and cracking, and repair if whichever occurs earlier, for airplanes
ADDRESSES: For service information necessary. The NPRM also proposed to on which the enhanced corrosion
identified in this final rule, contact BAE require revised inspection procedures protection has not been accomplished.
Systems (Operations) Limited, Customer that terminate a previously approved • 6 years or 36,000 flight cycles,
ehiers on DSK5VPTVN1PROD with RULES
Information Department, Prestwick inspection procedure. We are issuing whichever occurs earlier, for airplanes
International Airport, Ayrshire, KA9 this AD to detect and correct corrosion on which the enhanced corrosion
2RW, Scotland, United Kingdom; and cracking of the wing fixed leading protection has been accomplished.
telephone +44 1292 675207; fax +44 edge and front spar structure, which You may examine the MCAI in the
1292 675704; email RApublications@ could result in reduced structural AD docket on the Internet at http://
baesystems.com; Internet http:// integrity of the airplane. www.regulations.gov by searching for
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Document Created: 2018-02-09 11:33:35
Document Modified: 2018-02-09 11:33:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 12, 2016. | |
| Contact | Dr. Denise Brinson, DVM, Director, National Poultry Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, Suite 101, Conyers, GA 30094-5104; (770) 922-3496. | |
| FR Citation | 81 FR 53247 | |
| RIN Number | 0579-AE16 | |
| CFR Citation | 9
CFR
145 9 CFR 146 9 CFR 147 9 CFR 56 | |
| CFR Associated | Poultry and Poultry Products; Reporting and Recordkeeping Requirements; Animal Diseases; Indemnity Payments; Low Pathogenic Avian Influenza and Poultry |
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