[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Rules and Regulations]
[Pages 7401-7402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1303]



[[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,

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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
------------------------------------------------------------------------
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