[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Page 33803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11504]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 04-091-2]


Addition of Malaysia 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: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations concerning the importation of animals 
and animal products by adding Malaysia to the list of regions in which 
highly pathogenic avian influenza (HPAI) subtype H5N1 is considered to 
exist. We took that action to prevent the introduction of HPAI subtype 
H5N1 in the United States.

DATES: The interim rule became effective on August 7, 2004.

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

    Highly pathogenic avian influenza (HPAI) is an extremely infectious 
and fatal disease of poultry and a wide variety of other birds. HPAI 
can strike poultry quickly without any infection warning signs and, 
once established, the disease can spread rapidly from flock to flock. 
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. 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. Recent 
outbreaks of HPAI in Southeast Asia 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 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 HPAI subtype H5N1.
    In an interim rule effective August 7, 2004, and published in the 
Federal Register on February 1, 2005 (70 FR 5043-5044, Docket No. 04-
091-1), we amended the regulations in part 94 by adding Malaysia to the 
list of regions in Sec.  94.6(d) where HPAI subtype H5N1 exists.
    Comments on the interim rule were required to be received on or 
before April 4, 2005. We received one comment by that date, from a 
private citizen. The commenter supported the interim rule.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Order 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

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

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Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 94 and that was published at 70 FR 
5043-5044 on February 1, 2005.

    Done in Washington, DC, this 6th day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-11504 Filed 6-9-05; 8:45 am]
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