[Federal Register: February 13, 2006 (Volume 71, Number 29)]
[Rules and Regulations]
[Page 7401-7402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe06-3]
[[Page 7401]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2006-0010]
Add Kazakhstan, Romania, Russia, Turkey, and Ukraine to List of
Regions in Which Highly Pathogenic Avian Influenza Subtype H5N1 Is
Considered To Exist
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations concerning the importation of
animals and animal products by adding Kazakhstan, Romania, Russia,
Turkey, and Ukraine to the list of regions in which highly pathogenic
avian influenza (HPAI) subtype H5N1 is considered to exist. We are
taking this action because there have been outbreaks of HPAI subtype
H5N1 in those countries. This action is necessary to prevent the
introduction of HPAI subtype H5N1 into the United States.
DATES: This interim rule was effective on February 7, 2006. This
interim rule was applicable on July 18, 2005, with respect to Russia;
on July 22, 2005, with respect to Kazakhstan; on October 1, 2005, with
respect to Turkey; on October 4, 2005, with respect to Romania; and on
November 25, 2005, with respect to Ukraine. We will consider all
comments that we receive on or before April 14, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2006-0010 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0010, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0010.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Julie Garnier, Staff Veterinarian,
Technical Trade Issues Team, National Center for Import and Export, VS,
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-
5677.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA or the Department)
regulates the importation of animals and animal products into the
United States to guard against the introduction of animal diseases. The
regulations in 9 CFR parts 93, 94, and 95 (referred to below as the
regulations) govern the importation of certain animals, birds, poultry,
meat, other animal products and byproducts, hay, and straw into the
United States in order to prevent the introduction of various animal
diseases, including avian influenza (AI).
There are many strains of AI virus that can cause varying degrees
of clinical illness in poultry such as chickens, turkeys, pheasants,
quail, ducks, geese, and guinea fowl, as well as a wide variety of
other birds. AI viruses can be classified into low pathogenic (LPAI)
and highly pathogenic (HPAI) forms based on the severity of the illness
they cause. Most AI virus strains are LPAI and typically cause little
or no clinical signs in infected birds. However, some LPAI virus
strains are capable of mutating under field conditions into HPAI
viruses.
HPAI is an extremely infectious and fatal form of the disease for
chickens. HPAI can strike poultry quickly without any infection warning
signs and, once established, the disease can spread rapidly from flock
to flock. HPAI viruses can also be spread by manure, equipment,
vehicles, egg flats, crates, and people whose clothing or shoes have
come in contact with the virus. HPAI viruses can remain viable at
moderate temperatures for long periods in the environment and can
survive indefinitely in frozen material. One gram of contaminated
manure can contain enough virus to infect 1 million birds.
In some instances, strains of HPAI viruses can be infectious to
people. Human infections with AI viruses under natural conditions have
been documented in recent years. Since December 2003, a growing number
of countries have reported outbreaks of HPAI, H5N1, Asian strain,
responsible for the deaths of millions of birds and at least 79 humans.
The rapid spread of the H5N1, Asian strain of HPAI, with outbreaks
occurring at the same time in a number of regions, is historically
unprecedented and of growing concern for human and animal health. The
current H5N1, Asian strain of HPAI has caused significant concern among
health authorities worldwide because of the potential for this virus to
mutate into a form that is easily transmitted from human to human.
On July 23, 2005, Russia alerted the World Organization for Animal
Health and the United States that an outbreak of HPAI subtype H5N1 had
been identified in that country on July 18, 2005. On August 2, 2005,
Kazakhstan also reported an outbreak of HPAI subtype H5N1 that began on
July 22, 2005. Similar notifications were made by Turkey on October 6,
2005, regarding an October 1, 2005, outbreak; by Romania on October 7,
2005, regarding an October 4, 2005, outbreak; and by Ukraine on
December 2, 2005, regarding a November 25, 2005, outbreak.
Therefore, in order to prevent the introduction of HPAI subtype
H5N1 into the United States, we are amending the regulations by adding
Kazakhstan, Romania, Russia, Turkey, and Ukraine to the list in Sec.
94.6(d) of regions where HPAI subtype H5N1 exists. We are making this
action effective retroactively to July 18, 2005, for Russia, which is
the date that Russian veterinary authorities estimate to be the date of
primary infection. Similarly, we are making this action effective
retroactively for Kazakhstan, Turkey, Romania, and Ukraine to July 22,
2005; October 1, 2005; October 4, 2005; and November 25, 2005,
respectively. As a result of this action, the importation into the
United States of birds, poultry, and unprocessed bird and poultry
products from Kazakhstan, Romania, Russia, Turkey, and Ukraine is
restricted, and U.S. origin pet birds and performing or theatrical
birds and poultry returning to the United States from Kazakhstan,
Romania, Russia,
[[Page 7402]]
Turkey, and Ukraine will be subject to additional permit and quarantine
requirements.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
introduction of HPAI subtype H5N1 into the United States. 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 Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the regulations concerning the importation of
animals and animal products by adding Kazakhstan, Romania, Russia,
Turkey, and Ukraine to the list of regions in which HPAI subtype H5N1
is considered to exist. We are taking this action because there have
been outbreaks of HPAI subtype H5N1 in those countries. This action is
necessary to prevent the introduction of HPAI subtype H5N1 into the
United States.
Poultry production in Kazakhstan, Romania, Russia, Turkey, and
Ukraine represents a small portion of world production. Imports of
poultry and poultry products from these five countries into the United
States are not large. In fact, from 2004 to 2005, of the five, Russia
and Ukraine were the only countries exporting poultry and poultry
products to the United States (table 1). In 2004, the United States
imported a total of over $2.3 million worth of live birds and over $204
million worth of down feathers from all countries. Imports of poultry
and poultry products from Russia and Ukraine comprised less than 1
percent of all imports to the United States annually.
Table 1.--Value of U.S. Imports of Live Birds and Poultry Products From
Russia and Ukraine
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2005 (January-
Product 2004 October)
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Live birds.............................. $158,000 $28,000
Feathers and down for stuffing, clean... 786,235 991,549
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Source: World Trade Atlas.
Adding Kazakhstan, Romania, Russia, Turkey, and Ukraine to the list
of regions in which HPAI subtype H5N1 is considered to exist is not
likely to have a measurable economic impact on the agricultural economy
as a whole or on small entities.
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 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 retroactive
effect to July 18, 2005, with respect to Russia; to July 22, 2005, with
respect to Kazakhstan; to October 1, 2005, with respect to Turkey; to
October 4, 2005, with respect to Romania; and to November 25, 2005,
with respect to Ukraine; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
0
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
0
2. In Sec. 94.6, paragraph (d) is revised to read as follows:
Sec. 94.6 Carcasses, parts or products of carcasses, and eggs (other
than hatching eggs) of poultry, game birds, or other birds;
importations from regions where exotic Newcastle disease or highly
pathogenic avian influenza subtype H5N1 is considered to exist.
* * * * *
(d) Highly pathogenic avian influenza (HPAI) subtype H5N1 is
considered to exist in the following regions: Cambodia, China,
Indonesia, Japan, Kazakhstan, Laos, Malaysia, Romania, Russia, South
Korea, Thailand, Turkey, Ukraine, and Vietnam.
* * * * *
Done in Washington, DC, this 7th day of February 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-1303 Filed 2-10-06; 8:45 am]
BILLING CODE 3410-34-P