[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Page 42313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16586]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / 
Notices  

[[Page 42313]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0012]


Notice of Determination of the High Pathogenicity Avian Influenza 
Subtype H5N1 Status of Denmark and France

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our determination regarding the 
high pathogenicity avian influenza (HPAI) subtype H5N1 status of 
Denmark and France. Based on assessments of the animal health status of 
the two countries, which we made available to the public for review and 
comment through a previous notice, the Administrator has determined 
that the importation of live birds, poultry carcasses, parts or 
products of poultry carcasses, and eggs (other than hatching eggs) of 
poultry, game birds, and other birds from either Denmark or France 
presents a low risk of introducing HPAI H5N1 into the United States.

DATES: Effective Date: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Dr. Julia Punderson, Regionalization 
Evaluation Services-Import, Sanitary Trade Issues Team, National Center 
for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, 
MD 20737-1231, (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background

    On March 27, 2008, we published in the Federal Register (73 FR 
16245-16246) a notice \1\ in which we announced the availability for 
review and comment of assessments of the animal health status of 
Denmark and France relative to high pathogenicity avian influenza 
(HPAI) subtype H5N1. In the assessments, titled ``APHIS Analysis of the 
Status of High Pathogenicity Avian Influenza H5N1 in Denmark'' 
(December 2007) and ``APHIS Analysis of the Status of High 
Pathogenicity Avian Influenza H5N1 in France'' (December 2007), we 
presented the results of our evaluation of the prevalence of HPAI H5N1 
in domestic poultry in the two countries in light of the actions taken 
by Danish and French animal health authorities during and since the 
outbreaks of HPAI H5N1 that occurred in those two regions in 2006.
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    \1\ To view the notice, the assessments, and the comment we 
received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0012.
_____________________________________-

    Our assessments concluded that both Denmark and France had adequate 
detection and control measures in place at the time of the outbreak, 
that they have been able to effectively control and eradicate HPAI H5N1 
in their domestic poultry populations since that time, and that both 
Danish and French animal health authorities have control measures in 
place to rapidly identify, control, and eradicate the disease should it 
be reintroduced into Denmark or France in either wild birds or domestic 
poultry.
    We solicited comments on the notice for 30 days ending on April 28, 
2008. We received one comment on our assessments, from the chief 
veterinary officer of Denmark. The commenter agreed with our findings, 
but suggested several nonsubstantive changes to our assessment of 
Denmark. We concur with the points raised by the commenter, and have 
updated the assessment accordingly. The updated assessment may be 
viewed on the Regulations.gov Web site.\2\
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    \2\ See footnote 1.
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    In our March 2008 notice we stated that, if we could identify no 
additional risk factors that would indicate that domestic poultry in 
either Denmark or France continue to be affected with HPAI H5N1 by the 
end of the comment period, we would conclude that the importation of 
live birds, poultry carcasses, parts or products of poultry carcasses, 
and eggs (other than hatching eggs) of poultry, game birds, or other 
birds from either Denmark or France presents a low risk of introducing 
HPAI H5N1 into the United States. Based on the absence of adverse 
comments received during the comment period, we have decided that no 
additional risk factors exist.
    Therefore we are removing our prohibition on the importation of 
these products from Denmark and France into the United States. 
Specifically:
     We are no longer requiring that processed poultry products 
from Denmark and France be accompanied by a VS import permit and 
government certification confirming that the products have been treated 
according to APHIS requirements;
     We are allowing unprocessed poultry products from Denmark 
and France to enter the United States in passenger luggage; and
     We are removing restrictions regarding the regions in 
Denmark and France from which processed poultry products may originate 
in order to be allowed entry into the United States in passenger 
luggage.
    However, live birds from Denmark and France are still subject to 
the inspections at ports of entry and post-importation quarantines set 
forth in 9 CFR part 93, unless granted an exemption by the 
Administrator or destined for diagnostic purposes and accompanied by a 
limited permit.

    Done in Washington, DC, this 15th day of July 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-16586 Filed 7-18-08; 8:45 am]
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