[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Rules and Regulations]
[Pages 25820-25826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10524]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 95

[Docket No. 04-011-1]


Highly Pathogenic Avian Influenza; Additional Restrictions

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 to prohibit or restrict the importation of 
birds, poultry, and unprocessed bird and poultry products from regions 
that have reported the presence of the H5N1 subtype of highly 
pathogenic avian influenza and to establish additional permit and 
quarantine requirements for U.S. origin pet birds and performing or 
theatrical birds and poultry returning to the United States. This 
action is necessary to prevent the introduction of highly pathogenic 
avian influenza subtype H5N1 into the United States.

DATES: This interim rule was effective February 4, 2004. We will 
consider all comments that we receive on or before July 9, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-011-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 04-011-1.
     E-mail: Address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 04-011-1'' on the subject 
line.
     Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
    Federal eRulemaking Portal: Go to http://www.regulations.gov and 
follow the instructions for locating this docket and submitting 
comments.
    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: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: For information concerning bird and 
poultry products, contact Dr. Tracye Butler, Senior Staff Veterinarian, 
National Center for Import and Export, VS, APHIS, 4700 River Road Unit 
40, Riverdale, MD 20737-1231; (301) 734-3277.
    For information concerning live birds and poultry, contact Dr. 
Julie Garnier, Staff Veterinarian, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

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. AI viruses can infect chickens, 
turkeys, pheasants, quail, ducks, geese, and guinea fowl, as well as a 
wide variety of other birds. Migratory waterfowl have proved to be the 
natural reservoir for this disease.
    AI viruses can be classified into low pathogenic (LPAI) and highly 
pathogenic (HPAI) forms based on the

[[Page 25821]]

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 Southeast Asian countries have reported outbreaks of HPAI 
responsible for the deaths of millions of birds and at least 22 humans.
    The rapid spread 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. According to the World Health 
Organization, particularly alarming is the HPAI strain of most of these 
outbreaks, H5N1, which has crossed the species barrier and caused 
severe disease, with high mortality, in humans. The current avian flu 
outbreaks have caused significant concern among health authorities 
worldwide because of the potential for the human and avian flu viruses 
to swap genes, creating a new virus to which humans would have little 
or no immunity.
    The regulations in Sec.  94.6 restrict the importation of 
carcasses, parts or products of carcasses, and eggs (other than 
hatching eggs) of poultry, game birds, or other birds from regions 
where exotic Newcastle disease (END) exists. These regulations have 
thus far been effective in preventing the introduction of HPAI in the 
United States because all regions experiencing outbreaks of HPAI are 
also regions where END exists. However, because of the increasing 
threat of introducing HPAI into the United States, we have determined 
that stronger safeguards are needed. These additional safeguards will 
apply to all unprocessed bird and poultry carcasses, parts, and 
products from regions where HPAI subtype H5N1 is considered to exist, 
as well as to U.S. origin pet birds and performing or theatrical birds 
and poultry returning to the United States.

Pet Birds of U.S. Origin

    The current regulations in Sec.  93.101 call for a 30-day home 
quarantine for all U.S. origin pet birds returning to the United States 
after spending more than 60 days in another region and a veterinary 
inspection at the port of entry for such birds returning to the United 
States after spending not more than 60 days in another country. We are 
amending the regulations to require all pet birds of U.S. origin that 
have spent any length of time in a region reporting incidents of HPAI 
subtype H5N1 to undergo a 30-day quarantine at a USDA facility.
    In addition, we are requiring that all U.S. origin pet birds 
returning from any region, except for such birds returning from Canada 
and Mexico through a land border port, be accompanied by an import 
permit issued by APHIS. We are not requiring an import permit for U.S. 
origin pet birds returning to the United States from Canada or Mexico 
through a land border port because those birds are subject to an 
examination by an APHIS veterinarian at the border prior to entry; pet 
birds returning to the United States through an airport are not 
examined until they have already entered the country. This import 
permit will ensure that U.S. origin pet birds undergo appropriate 
examinations, including being swabbed for HPAI and END, before entering 
the United States. We believe these measures will mitigate the risk of 
introducing HPAI subtype H5N1 into the United States.

Performing and Theatrical Birds and Poultry of U.S. Origin

    Currently, the regulations in part 93 do not require U.S. origin 
performing and theatrical birds and poultry to have an import permit or 
undergo a quarantine when returning to the United States from another 
region. For the same reasons discussed above with respect to pet birds, 
we are amending the regulations in Sec. Sec.  93.101 and 93.201 to 
require U.S. origin performing or theatrical birds or poultry returning 
from any region, except for such birds or poultry returning from Canada 
or Mexico through a land border port, to be accompanied by an import 
permit. We are also adding requirements that U.S. origin performing and 
theatrical poultry returning from regions where HPAI subtype H5N1 
exists undergo a 30-day quarantine at a USDA facility. U.S. origin 
performing or theatrical birds or poultry returning from all other 
regions, except Canada or Mexico, must undergo a 30-day home 
quarantine.

Unprocessed Bird and Poultry Carcasses, Parts, and Products

    Section 94.6 of the regulations contains provisions for the 
importation of unprocessed bird and poultry carcasses, parts, and 
products into the United States from regions where END exists. As noted 
previously, our regulations in Sec.  94.6 have been effective at 
preventing the introduction of HPAI in the United States because the 
regions from which bird and poultry parts and products are experiencing 
outbreaks of HPAI subtype H5N1 are all regions restricted because of 
END. Given the concerns described above, we believe it is necessary to 
establish regulations in part 94 that specifically address HPAI subtype 
H5N1. Therefore, we are amending the regulations to restrict the 
importation of unprocessed bird and poultry carcasses, parts, and 
products from regions where HPAI subtype H5N1 is considered to exist.
    These new restrictions, which we are adding as a new Sec.  94.6(e), 
provide that bird and poultry carcasses, parts, and products, may be 
imported from a region where HPAI subtype H5N1 exists only if 
accompanied by an import permit, and only if they are research or 
educational materials destined for a museum, educational institution, 
or research institution. These types of imports are generally in 
smaller quantities and are destined for controlled environments, thus 
they pose a lower risk of introducing HPAI subtype H5N1 in the United 
States. We have also added, as a new Sec.  94.6(d), a list of regions 
(Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and 
Vietnam) where HPAI subtype H5N1 is considered to exist.
    The regulations in part 95, in their present form, do not 
explicitly set out restrictions on imports into the United States of 
feathers, birds' nests, and bird trophies from regions with avian 
diseases like END and HPAI. We have allowed the entry of these 
articles, however, if, among other requirements, the articles are sent 
directly to an establishment approved by APHIS for the receipt and 
handling of restricted imported animal byproducts. We believe it is now 
necessary to explicitly restrict the entry of these types of products 
into the United States when they pose a risk of introducing HPAI 
subtype H5N1. Therefore, we are adding a new Sec.  95.30 ``Restrictions 
on entry of products and byproducts of poultry, game birds, or other 
birds from regions where highly pathogenic avian

[[Page 25822]]

influenza subtype H5N1 exists.'' This section provides that products 
and byproducts of birds and poultry, including feathers, birds' nests, 
and bird trophies from a region where HPAI subtype H5N1 exists may be 
imported only if the Administrator has determined that the importation 
can be made under conditions that will prevent the introduction of HPAI 
subtype H5N1 into the United States. The articles must be accompanied 
by a permit obtained from APHIS prior to their importation and must be 
moved and handled as specified on the permit.
    These measures are considered necessary because of the present risk 
of HPAI subtype H5N1 introduction into the United States, but are not 
necessarily intended to be permanent. The restrictions and prohibitions 
described in this interim rule will be reviewed as more information on 
the situation in Southeast Asia becomes available. At a time when the 
Administrator deems that the affected regions have implemented proper 
procedures to control the spread of the disease and no longer pose a 
disease threat, we will reconsider the need for these restrictions.

Emergency Action

    Emergency action is necessary 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 action 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. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are amending the regulations to prohibit or restrict the 
importation of unprocessed bird, poultry, and bird and poultry products 
from regions that have reported the presence of HPAI subtype H5N1 and 
to establish procedures for issuing permits and quarantining U.S. 
origin pet birds and performing or theatrical birds and poultry 
returning to the United States from these regions. This action is in 
response to recent numerous outbreaks of the disease in Southeast Asia. 
This action is necessary to prevent the introduction of HPAI subtype 
H5N1 into the United States.
    Eight South and Southeast Asian countries have reported outbreaks 
of HPAI subtype H5N1. HPAI subtype H5NI is of particular importance due 
to the threat posed to humans. However, the introduction of any strain 
of HPAI causes immediate and devastating losses to the poultry 
industry. During the 1983-84 HPAI subtype H2N2 outbreak in the United 
States, more than 17 million birds were destroyed, at a cost of nearly 
$65 million to the U.S. poultry industry. To understand the importance 
of restricting poultry imports, and thereby the necessity of protecting 
against introduction of H5N1 into the United States, we must consider 
the value of the poultry industry. Also, we will consider the potential 
impact to small entities in the case of H5N1 introduction.
    U.S. import restrictions have limited imports of live poultry and 
poultry meat from the regions affected by this interim rule due to the 
presence of END in those regions. As a result, there have been no 
imports of these commodities from those regions in recent years during 
that time; therefore, there will be no discernable effect on domestic 
prices of poultry products due to this interim rule. The United States 
received no imports of unprocessed carcasses of poultry or poultry meat 
from the affected regions in 2002, and feathers account for the most 
valuable avian imports from these regions. Whereas the regulations have 
previously provided for the importation from regions affected with END 
of unprocessed carcasses and products of birds or poultry under certain 
conditions, this interim rule severely restricts these types of imports 
due to HPAI subtype H5N1.
    Unprocessed down feathers have been the primary commercially traded 
import from regions that have reported the presence of HPAI subtype 
H5N1. In 2003, 127.2 metric tons of feathers were imported from the 
affected regions, with a cash value of $499,000.\1\
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    \1\ USDA, U.S. Trade Imports--HS 6-Digit Codes. Washington, DC: 
Foreign Agricultural Service, 2004.
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    According to the Small Business Association (SBA), domestic 
companies engaging in feathers wholesaling come under the NAICS code 
422590. SBA defines a small feather wholesaling entity as one that 
employs no more than 100 persons.\2\ It is unclear at this time exactly 
how many feather wholesalers classified as small entities would be 
affected by this interim rule. However, according to 1997 Census data, 
there were 1,684 establishments with sales of more than $22 billion.\3\ 
While the number of small entities in the feather wholesaling industry 
affected by this rule is uncertain, we think it unlikely that this 
interim rule will pose a significant impact to a substantial number of 
small businesses.
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    \2\ Table of Size Standards based on NAICS 2003. Washington, DC: 
U.S. Small Business Administration, 2003.
    \3\ 1997 Economic Census: NAISC 422590. Washington, DC: U.S. 
Census Bureau. (This is the most current published data available).
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    Other unprocessed poultry products of interest are bird nests and 
bird trophies. Unfortunately, as these are not commercially traded 
products, statistics regarding the number and value of these imports 
into the United States are unavailable. In any case, we do not believe 
the cost of restricting these imports will outweigh the benefit of 
preventing disease introduction.
    To get an idea of the expected benefits of this interim rule, we 
must consider the domestic losses that could result in the introduction 
of HPAI subtype H5N1. The U.S. poultry industry is largely a vertically 
integrated industry with the majority of producers working under 
contract and producing poultry for a few big corporations. These 
entities would capture the benefits resulting from the prevention of an 
HPAI subtype H5N1 outbreak.
    The United States is the world's largest producer of poultry meat 
and the second-largest egg producer behind China. Preliminary reports 
for the year 2002 indicate there were a total of 438.9 million 
chickens, excluding commercial broilers, with a cash value of $1.045 
billion. In 2001, broiler production, raised for the purpose of meat 
production, totaled 8.389 billion broilers, with a combined live weight 
of more than 42.4 billion pounds. The value of broiler production for 
that year was more than $16.6 billion. In 2001, 85.7 billion eggs were 
produced with a cash value of $4.4 billion.\4\ The United States is 
also the world's largest turkey producer. In 2001, turkey production 
totaled more than 272 million birds with a combined live weight of 
7.154 billion pounds and a cash value of almost $2.8 billion.\5\ 
Considering the

[[Page 25823]]

value and volume of production, a possible introduction of HPAI subtype 
H5N1 would result in a devastating blow to the U.S. poultry industry.
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    \4\ USDA, Agricultural Statistics 2003. Washington, DC: National 
Agricultural Statistics Service, 2003. Estimates cover the 12-month 
period December 1 of the previous year through November 30.
    \5\ USDA, Agricultural Statistics 2003. Washington, DC: National 
Agricultural Statistics Service, 2003. Estimates based on turkeys 
placed September 1, 2000, through August 31, 2001, and excludes 
young turkeys lost.
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    Prompted by outbreaks of HPAI subtype H5N1 that have been 
responsible for the deaths of millions of birds and at least 22 humans 
in South and Southeast Asia, this interim rule will severely restrict 
imports of unprocessed poultry and poultry products from regions 
reporting incidents of HPAI subtype H5N1. As a result of complying with 
END restrictions, there have been no imports of live poultry, poultry 
meat, or eggs from these regions in the past 4 years. The only 
commercially traded import that will be primarily affected by this 
interim rule, assuming no further spread of the disease to regions 
outside South Asia, is unprocessed down feathers. The benefits 
resulting from avoided HPAI subtype H5N1 introduction into the United 
States as a result of this interim rule far outweigh any costs imposed. 
In addition, we do not expect any resulting costs experienced by small 
entities to be significant.
    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 inconsistent with this rule; (2) has retroactive 
effect to February 4, 2004; 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). OMB has assigned control number 0579-0245 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 04-011-1, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 04-011-1 and send 
your comments within 60 days of publication of this rule.
    We are amending the regulations concerning the importation of 
animals and animal products to prohibit or restrict the importation of 
birds, poultry, and unprocessed bird and poultry products from regions 
that have reported the presence of HPAI subtype H5N1 and to establish 
additional permit and quarantine requirements for U.S. origin pet birds 
and performing or theatrical birds and poultry returning to the United 
States. This action is necessary to prevent the introduction of HPAI 
subtype H5N1 into the United States.
    Implementing these additional import requirements will necessitate 
the use of several information collection activities, including an 
Application to Import Controlled Materials or Transport Organisms and 
Vectors (VS Form 16-3), an Application for Import or In-Transit Permit 
(VS Form 17-129), a notarized declaration or affirmation, and a Pet 
Bird Owner Agreement (VS Form 17-8).
    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 0.5 hours per response.
    Respondents: Owners of U.S. origin pet birds and U.S. origin 
performing or theatrical birds or poultry returning to the United 
States, and U.S. importers of bird and poultry carcasses, parts, 
products, and byproducts of birds and poultry (including feathers, 
birds' nests, and bird trophies) from certain regions.
    Estimated annual number of respondents: 5,000.
    Estimated annual number of responses per respondent: 2.
    Estimated annual number of responses: 10,000.
    Estimated total annual burden on respondents: 5,000 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 Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this interim rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.

0
Accordingly, we are amending 9 CFR parts 93, 94, and 95 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:


[[Page 25824]]


    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.101  [Amended]

0
2. Section 93.101 is amended as follows:
0
a. Paragraph (c)(2) is revised to read as set forth below and the 
undesignated paragraph following paragraph (c)(2) is removed.
0
c. Paragraph (c)(3) is redesignated as paragraph (c)(4) and a new 
paragraph (c)(3) is added to read as set forth below.
0
d. Paragraph (f) is revised to read as set forth below.
0
e. By revising the OMB control number citation at the end of the 
section to read as follows: ``(Approved by the Office of Management and 
Budget under control numbers 0579-0220 and 0579-0245)''.


Sec.  93.101  General prohibitions; exceptions.

* * * * *
    (c) * * *
    (2)(i) Except for pet birds that have been in any region where 
highly pathogenic avian influenza subtype H5N1 exists, which are 
subject to the provisions of paragraph (c)(3) of this section, pet 
birds of United States origin that have not been outside the country 
for more than 60 days may be offered for entry under the provisions of 
paragraph (c)(1) of this section if:
    (A) The pet birds are accompanied by an import permit issued by 
APHIS: Provided, that an import permit will not be required for pet 
birds returning from Canada or Mexico through a land border port; and
    (B) The birds are also accompanied by a United States veterinary 
health certificate issued prior to the departure of the birds from the 
United States and the certificate shows the number from the leg band, 
tattoo, or microchip affixed to the birds prior to departure; and
    (C) During port of entry veterinary inspection it is determined 
that the number from the leg band, tattoo, or microchip on the bird is 
the same as the one listed on the health certificate.
    (ii) Except for pet birds that have been in any region where highly 
pathogenic avian influenza subtype H5N1 exists, which are subject to 
the provisions of paragraph (c)(3) of this section, pet birds of United 
States origin that have been outside the country for more than 60 days 
may be imported by their owner if:
    (A) The pet birds are accompanied by an import permit issued by 
APHIS: Provided, that an import permit will not be required for pet 
birds returning from Canada or Mexico through a land border port; and
    (B) The pet birds are found upon port of entry veterinary 
inspection to be free of poultry diseases; and
    (C) The pet birds are accompanied by a United States veterinary 
health certificate issued prior to the departure of the birds from the 
United States and the certificate shows the number from the leg band, 
tattoo, or microchip affixed to the birds prior to departure; and
    (D) During port of entry veterinary inspection it is determined 
that the number from the leg band, tattoo, or microchip on the bird is 
the same as the one listed on the health certificate; and
    (E) The owner importing the pet birds signs and furnishes to the 
Administrator the following:
    (1) A notarized declaration under oath or affirmation (or a 
statement signed by the owner and witnessed by a Department inspector) 
stating that the bird or birds have not been in contact with poultry or 
other birds while out of the region (for example, association with 
other avian species at exhibitions or at aviaries); and
    (2) An agreement on VS Form 17-8, obtainable from a Federal 
inspector at the port of entry, stating:
    (i) That the birds will be maintained in confinement in his or her 
personal possession separate and apart from all poultry and other birds 
for a minimum of 30 days following importation at the address where the 
birds are to be held and made available for health inspection and 
testing by Department inspectors upon request until released at the end 
of such period by such an inspector; and
    (ii) That appropriate Federal officials in the State of destination 
will be immediately notified if any signs of disease are noted in any 
of the birds or any bird dies during that period. The owner importing 
such birds must comply with the provisions of the aforementioned 
agreement before the birds may be released from confinement. Except for 
pet birds that have been in any region where highly pathogenic avian 
influenza subtype H5N1 exists, lots of pet birds of United States 
origin which do not otherwise meet the requirements of paragraphs 
(c)(1) or (2) of this section may be offered for entry under the 
provisions of paragraph (c)(4) of this section.
    (3) Any pet birds of United States origin that have been in any 
region listed in Sec.  94.6(d) of this subchapter as a region where 
highly pathogenic avian influenza subtype H5N1 exists, regardless of 
the length of time such birds have been outside of the United States, 
may only be imported through the port of Los Angeles, CA, Miami, FL, or 
New York, NY, and only under the following conditions:
    (i) The birds meet the requirements of paragraphs (c)(2)(ii)(A) 
through (D) of this section; and
    (ii) The birds are quarantined for a minimum of 30 days, and for 
such longer period as may be required by the Administrator in any 
specific case, at a USDA quarantine facility in accordance with Sec.  
93.106.
* * * * *
    (f) Performing or theatrical birds returning to the United States. 
(1) Performing or theatrical birds of United States origin that are 
returning to the United States from Canada or Mexico may be imported 
if:
    (i) The birds are found upon port of entry veterinary inspection to 
be free of avian diseases; and
    (ii) The birds are accompanied by a United States veterinary health 
certificate issued prior to the departure of the birds from the United 
States and the certificate shows the number from the leg band, tattoo, 
or microchip affixed to the birds prior to departure; and
    (iii) During port of entry veterinary inspection it is determined 
that the number from the leg band, tattoo, or microchip on the birds is 
the same as the one listed on the health certificate.
    (2) Except for performing or theatrical birds that have been in any 
region where highly pathogenic avian influenza subtype H5N1 exists, 
which are subject to the provisions of paragraph (f)(3) of this 
section, performing or theatrical poultry of United States origin that 
have been outside the United States in a region other than Canada or 
Mexico may be imported if:
    (i) The birds meet the requirements of paragraphs (f)(1)(i) through 
(iii) of this section; and
    (ii) The birds are accompanied by an import permit issued by APHIS; 
and
    (iii) The owner importing the birds signs and furnishes to the 
Administrator the following:
    (A) A notarized declaration under oath or affirmation (or a 
statement signed by the owner and witnessed by a Department inspector) 
stating that the birds have not been in contact with other birds while 
out of the region (for example, association with other avian species at 
exhibitions or at aviaries); and
    (B) An agreement on VS Form 17-8, obtainable from a Federal 
inspector at the port of entry, stating:
    (1) That the birds will be maintained in confinement in his or her 
personal possession separate and apart from all birds and other birds 
for a minimum of

[[Page 25825]]

30 days following importation at the address where the birds are to be 
held and made available for health inspection and testing by Department 
inspectors upon request until released at the end of such period by 
such an inspector; and
    (2) That appropriate Federal officials in the State of destination 
will be immediately notified if any signs of disease are noted in any 
of the birds or any birds die during that period. The owner importing 
such poultry must comply with the provisions of the aforementioned 
agreement before the birds may be released from confinement. Except for 
performing or theatrical birds that have been in any region where 
highly pathogenic avian influenza subtype H5N1 exists, performing or 
theatrical birds of United States origin which do not otherwise meet 
the requirements of paragraphs (f)(1) or (2) of this section may be 
offered for entry under the provisions of Sec.  93.101(c).
    (3) Any performing or theatrical birds of United States origin that 
have been in any region listed in Sec.  94.6(d) of this subchapter as a 
region where highly pathogenic avian influenza subtype H5N1 exists may 
only be imported through the port of Los Angeles, CA, Miami, FL, or New 
York, NY, and only under the following conditions:
    (i) The birds meet the requirements of paragraphs (f)(1)(i) through 
(iii) of this section; and
    (ii) The birds are accompanied by an import permit issued by APHIS; 
and
    (iii) The birds are quarantined for a minimum of 30 days, and for 
such longer period as may be required by the Administrator in any 
specific case, at a quarantine facility maintained by APHIS in 
accordance with paragraphs (c)(3)(ii) through (c)(3)(iv) of this 
section.
* * * * *

0
3. Section 93.201 is amended as follows:
0
a. By revising paragraph (c) to read as set forth below.
0
b. By adding, at the end of the section, the following: ``(Approved by 
the Office of Management and Budget under control number 0579-0245)''.


Sec.  93.201  General prohibitions; exceptions.

* * * * *
    (c) Performing or theatrical poultry returning to the United 
States. (1) Performing or theatrical poultry of United States origin 
that are returning to the United States from Canada or Mexico may be 
imported if:
    (i) The poultry are found upon port of entry veterinary inspection 
to be free of poultry diseases; and
    (ii) The poultry are accompanied by a United States veterinary 
health certificate issued prior to the departure of the poultry from 
the United States and the certificate shows the number from the leg 
band, tattoo, or microchip affixed to the poultry prior to departure; 
and
    (iii) During port of entry veterinary inspection it is determined 
that the number from the leg band, tattoo, or microchip on the poultry 
is the same as the one listed on the health certificate.
    (2) Except for performing or theatrical poultry that have been in 
any region where highly pathogenic avian influenza subtype H5N1 exists, 
which are subject to the provisions of paragraph (c)(3) of this 
section, performing or theatrical poultry of United States origin that 
have been outside the United States in a region other than Canada or 
Mexico may be imported if:
    (i) The poultry meet the requirements of paragraphs (c)(1)(i) 
through (iii) of this section; and
    (ii) The poultry are accompanied by an import permit issued by 
APHIS; and
    (iii) The owner importing the poultry signs and furnishes to the 
Administrator the following:
    (A) A notarized declaration under oath or affirmation (or a 
statement signed by the owner and witnessed by a Department inspector) 
stating that the poultry have not been in contact with poultry or other 
birds while out of the region (for example, association with other 
avian species at exhibitions or at aviaries); and
    (B) An agreement on VS Form 17-8, obtainable from a Federal 
inspector at the port of entry, stating:
    (1) That the poultry will be maintained in confinement in his or 
her personal possession separate and apart from all poultry and other 
birds for a minimum of 30 days following importation at the address 
where the poultry are to be held and made available for health 
inspection and testing by Department inspectors upon request until 
released at the end of such period by such an inspector; and
    (2) That appropriate Federal officials in the State of destination 
will be immediately notified if any signs of disease are noted in any 
of the poultry or any poultry die during that period. The owner 
importing such poultry must comply with the provisions of the 
aforementioned agreement before the poultry may be released from 
confinement.
    (3) Any performing or theatrical poultry of United States origin 
that have been in any region listed in Sec.  94.6(d) of this subchapter 
as a region where highly pathogenic avian influenza subtype H5N1 exists 
may only be imported through the port of Los Angeles, CA, Miami, FL, or 
New York, NY, and only under the following conditions:
    (i) The poultry meet the requirements of paragraphs (c)(1)(i) 
through (iii) of this section; and
    (ii) The poultry are accompanied by an import permit issued by 
APHIS; and
    (iii) The poultry are quarantined for a minimum of 30 days, and for 
such longer period as may be required by the Administrator in any 
specific case, at a quarantine facility maintained by APHIS in 
accordance with Sec. Sec.  93.209 and 93.210.
* * * * *

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
4. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, 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
5. Section 94.6 is amended as follows:
0
a. By revising the title of the section to read as set forth below.
0
b. In paragraphs (b)(6), (c)(3), and (c)(4), by removing the words 
``paragraph (d)'' and adding the words ``paragraph (f)'' in their 
place.
0
c. By redesignating paragraph (d) as paragraph (f) and adding new 
paragraphs (d) and (e) to read as set forth below.
0
d. By revising the OMB control number citation at the end of the 
section to read as follows: ``(Approved by the Office of Management and 
Budget under control numbers 0579-0015 and 0579-0245)'.


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, Laos, South Korea, Thailand, and Vietnam.
    (e) Carcasses, and parts or products of carcasses, from regions 
where HPAI subtype H5N1 is considered to exist. Carcasses, and parts or 
products of carcasses, of poultry, game birds, or other birds may be 
imported from a

[[Page 25826]]

region where HPAI subtype H5N1 exists only if they are imported for 
scientific, educational, or research purposes and the Administrator has 
determined that the importation can be made under conditions that will 
prevent the introduction of HPAI subtype H5N1 into the United States. 
The articles must be accompanied by a permit obtained from APHIS prior 
to the importation in accordance with paragraph (f) of this section, 
and they must be moved and handled as specified on the permit to 
prevent the introduction of HPAI subtype H5N1 into the United States.
* * * * *

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

0
6. The authority citation for part 95 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.


0
7. A new Sec.  95.30 is added to read as follows:


Sec.  95.30  Restrictions on entry of products and byproducts of 
poultry, game birds, or other birds from regions where highly 
pathogenic avian influenza (HPAI) subtype H5N1 exists.

    (a) Products or byproducts, including feathers, birds' nests, and 
bird trophies, of poultry, game birds, or other birds may be imported 
from a region listed in Sec.  94.6(d) of this subchapter as a region 
where HPAI subtype H5N1 exists only if the Administrator has determined 
that the importation can be made under conditions that will prevent the 
introduction of HPAI subtype H5N1 into the United States. The articles 
must be accompanied by a permit obtained from APHIS prior to the 
importation in accordance with paragraph (b) of this section, and they 
must be moved and handled as specified on the permit to prevent the 
introduction of HPAI subtype H5N1 into the United States.
    (b) To apply for a permit, contact the Animal and Plant Health 
Inspection Service, Veterinary Services, National Center for Import and 
Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231.

(Approved by the Office of Management and Budget under control 
number 0579-0245)

    Done in Washington, DC, this 4th day of May, 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-10524 Filed 5-7-04; 8:45 am]
BILLING CODE 3410-34-P