[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23809-23810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8954]


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

  Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed 
Rules  

[[Page 23809]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 02-089-2]


Availability of a Risk Analysis Evaluating the Exotic Newcastle 
Disease Status of Denmark

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments.

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SUMMARY: We are advising the public that a risk analysis has been 
prepared by the Animal and Plant Health Inspection Service concerning 
the exotic Newcastle disease status of Denmark, and the related disease 
risks associated with importing poultry carcasses, parts or products of 
poultry carcasses, and eggs (other than hatching eggs) of poultry, 
game, or other birds from Denmark. This evaluation will be used as a 
basis for determining whether to relieve certain restrictions on the 
importation of those articles into the United States from Denmark. We 
are making this evaluation available to the public for review and 
comment.

DATES: We will consider all comments that we receive on or before July 
5, 2005.

ADDRESSES: You may submit comments by either of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 02-089-2, 
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. 02-089-2.
    Reading Room: You may read any comments that we receive on the 
evaluation 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 on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Chip Wells, Senior Staff 
Veterinarian, Regionalization Evaluation Services, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation of specified animals and animal 
products into the United States in order to prevent the introduction of 
various animal diseases. The regulations in Sec.  94.6 govern, among 
other things, the importation of poultry carcasses, parts or products 
of poultry carcasses, and eggs (other than hatching eggs) of poultry, 
game birds, or other birds from regions where exotic Newcastle disease 
(END) is considered to exist. END is considered to exist in all regions 
not listed in Sec.  94.6(a)(2).
    Under Sec.  94.6, poultry carcasses, and parts and products of 
poultry carcasses may be imported into the United States from regions 
where END exists only if they have been cooked or are consigned 
directly to an approved establishment in the United States. Eggs (other 
than hatching eggs) of poultry, game birds, or other birds from regions 
where END exists may be imported into the United States only if: (1) 
They are accompanied by a health certificate regarding the flock of 
origin and meet certain other conditions; (2) they are consigned 
directly to an approved establishment for breaking and pasteurization; 
(3) they are imported under permit for scientific, educational, or 
research purposes; or (4) they are imported under permit and have been 
cooked or processed and will be handled in a manner that prevents the 
introduction of END into the United States.
    Further, poultry carcasses, parts or products of poultry carcasses, 
and eggs (other than hatching eggs) of poultry, game birds, or other 
birds that do not qualify for entry into the United States under one of 
these conditions may transit the United States via air and sea ports 
under the conditions set out in Sec.  94.15(d).
    In an interim rule effective July 16, 2002, and published in the 
Federal Register on September 20, 2002 (67 FR 59136-59137, Docket No. 
02-089-1), we amended the regulations by removing Denmark from the list 
of regions considered to be free of END. That action was necessary 
because END had been confirmed in that region. The effect of the 
interim rule was to restrict the importation of poultry carcasses, 
parts or products of poultry carcasses, and eggs (other than hatching 
eggs) of poultry, game birds, or other birds into the United States 
from Denmark.
    Although we removed Denmark from the list of regions considered 
free of END, we recognized that Denmark immediately responded to the 
outbreak of END by imposing restrictions on the movement of poultry and 
poultry products within its borders and initiating measures to 
eradicate the disease. We stated that we intended to reassess the 
situation in the region at a future date, and that as part of that 
reassessment process, we would consider all comments received regarding 
the interim rule.
    Additionally, we stated that the future assessment would enable us 
to determine whether it was necessary to continue to restrict the 
importation of poultry and poultry products from Denmark, whether we 
could restore Denmark to the list of regions in which END is not known 
to exist, or whether we could restore portions of Denmark as free of 
END.
    In this notice, we are announcing the availability for review and 
comment of a document titled ``APHIS Risk Analysis on Importation of 
Exotic Newcastle Disease (END) Virus from Denmark.'' This evaluation 
assesses the END status

[[Page 23810]]

of Denmark and the related disease risks associated with importing 
poultry and poultry products into the United States from Denmark. This 
risk analysis will serve as a basis for our determination whether to 
relieve certain restrictions on the importation of poulty and poultry 
products into the United States from Denmark. We are making the risk 
analysis available for public comment for 60 days.
    You may view the document on the APHIS Web site at http://www.aphis.usda.gov/vs/ncie/reg-request.html. At the bottom of that 
APHIS page, click on ``Information previously submitted by Regions 
requesting export approval and supporting documentation.'' At the next 
screen, click on the triangle beside ``European Union/Poultry and 
Poultry Products/Newcastle Disease,'' then click on the triangle beside 
``Response by APHIS,'' which will reveal a link to the risk analysis. 
You may also view the evaluation in our reading room (information on 
the location and hours of the reading room is provided under the 
heading ADDRESSES at the beginning of this notice). You may also 
request a copy by calling or writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. Please refer to the title of the 
evaluation when requesting copies.

    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.

    Done in Washington, DC, this 29th day of April 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8954 Filed 5-4-05; 8:45 am]
BILLING CODE 3410-34-P