[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Notices]
[Pages 12360-12361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3429]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Amendment of February 4, 2004, Order To Embargo Birds and Bird 
Products Imported From Niger

SUMMARY: On February 4, 2004, the Centers for Disease Control and 
Prevention (CDC) within the U.S. Department of Health and Human 
Services issued an order to ban immediately the import of all birds 
(Class: Aves) from specified Southeast Asian countries, subject to 
limited exemptions for returning pet birds of U.S. origin and certain 
processed bird-derived products. HHS/CDC took this step because birds 
from these countries potentially can infect humans with avian influenza 
(influenza A/ [H5N1]). The February 4, 2004, order complemented a 
similar action taken at the same time by the Animal and Plant Health 
Inspection Service (APHIS) within the U.S. Department of Agriculture 
(USDA).
    On March 10, 2004, HHS/CDC lifted the embargo of birds and bird 
products from the Hong Kong Special Administrative Region (HKSAR) 
because of the documented public-health and animal health measures 
taken by Hong Kong officials to prevent spread of the outbreak within 
the HKSAR, and the absence of highly pathogenic avian influenza H5N1 
cases in Hong Kong's domestic and wild bird populations. USDA/APHIS 
took a similar action. On September 28, 2004, HHS/CDC extended the 
embargo on birds and bird products to include Malaysia because of the 
documented cases of highly pathogenic avian influenza A H5N1 in poultry 
in Malaysia. On July 20, 2005, USDA/APHIS adopted as a final rule the 
interim rule that became effective on

[[Page 12361]]

February 4, 2004, which amended its regulations to prohibit or restrict 
the importation of birds, poultry, and unprocessed birds and poultry 
products from regions that have reported the presence of highly 
pathogenic avian influenza H5N1 in poultry. (See 70 Federal Register 
41608 [July 20, 2005].) As the United Nations Food and Agriculture 
Organization and the World Organization for Animal Health (OIE) have 
confirmed additional cases of highly pathogenic avian influenza (H5N1), 
USDA/APHIS has added additional countries to its ban. On December 29, 
2005, HHS/CDC added the Republic of Kazakhstan, Romania, the Russian 
Federation, the Republic of Turkey, and Ukraine to its current embargo 
because of documented cases of highly pathogenic avian influenza H5N1 
in poultry in those countries. On February 8, 2006, HHS/CDC added 
Nigeria to its embargo because of the documentation of highly 
pathogenic avian influenza H5N1 in poultry. On February 22, 2006, HHS/
CDC added India to its embargo because of documentation of highly 
pathogenic avian influenza H5N1 in poultry. On February 27, 2006, HHS/
CDC added Egypt to its embargo because of the documentation of highly 
pathogenic avian influenza H5N1 in poultry.
    Currently, HHS/CDC and USDA/APHIS bans cover birds and bird 
products from Cambodia, Egypt, India, Indonesia, Japan, Kazakhstan, 
Laos, Malaysia, Nigeria, the People's Republic of China, Romania, 
Russia, South Korea, Thailand, Turkey, Ukraine, and Vietnam.
    On February 28, 2006, OIE reported confirmation of highly 
pathogenic avian influenza H5N1 in poultry in Niger. USDA added Niger 
to their ban on March 1, 2006. At this time, HHS/CDC is adding Niger to 
its current embargo. This action is effective on March 2, 2006, and 
will remain in effect until further notice.

SUPPLEMENTARY INFORMATION:

Background

    On February 28, OIE reported laboratory confirmation of highly 
pathogenic avian influenza H5N1 in poultry in Magaria District, Zinder 
Region, Niger. The affected district in Niger borders a region of 
Nigeria where highly pathogenic avian influenza due to virus subtype 
H5N1 has been previously confirmed.
    Introduction of birds infected with highly pathogenic avian 
influenza H5N1 into the United States could lead to outbreaks of 
disease among birds and among the human population, a significant 
public health threat. Banning the importation of all avian species from 
affected countries is an effective means of limiting this threat. HHS/
CDC is therefore taking this action to reduce the chance of 
introduction or spread of influenza A H5N1 into the United States.

Immediate Action

    Therefore, pursuant to 42 CFR 71.32(b), HHS/CDC is amending the 
February 4, 2004, order to add Niger to the list of countries subject 
to the order's embargo of birds and products derived from birds. All 
other portions of the February 4, 2004, order, as further amended on 
March 10, 2004, September 28, 2004, December 29, 2005, February 8, 
2006, February 22, 2006, and February 27, 2006 shall remain in effect 
until further notice.

Julie Louise Gerberding,
Director, Centers for Disease Control and Prevention , U.S. Department 
of Health and Human Services.
 [FR Doc. E6-3429 Filed 3-9-06; 8:45 am]
BILLING CODE 4163-18-P