[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48519-48520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22929]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2009-0015]


Notice of Determination of the Highly Pathogenic Avian Influenza 
Subtype H5N1 Status of Suffolk and Norfolk Counties in England

AGENCY: Animal and Plant Health Inspection Service, USDA.

[[Page 48520]]


ACTION: Notice.

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SUMMARY: We are advising the public of our determination regarding the 
highly pathogenic avian influenza (HPAI) subtype H5N1 status of Suffolk 
and Norfolk Counties, England, following outbreaks in 2007. Based on an 
evaluation of the animal health status of Suffolk and Norfolk Counties, 
England, 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 Suffolk and Norfolk Counties, England, 
presents a low risk of introducing HPAI H5N1 into the United States.

DATES: Effective Date: This determination will be effective on October 
8, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Ingrid Kotowski, Import Risk 
Analyst, Regionalization Evaluation Services International, National 
Center for Import and Export, VS, APHIS, 920 Main Campus Drive, Suite 
200, Raleigh, NC 27606; (919) 855-7732.

SUPPLEMENTARY INFORMATION: 

Background

    On May 7, 2009, we published in the Federal Register (74 FR 21312-
21313, Docket No. APHIS-2009-0015) a notice \1\ in which we announced 
the availability, for review and comment, of an evaluation of the 
animal health status of Suffolk and Norfolk Counties, England, relative 
to highly pathogenic avian influenza (HPAI) subtype H5N1. In the 
evaluation, titled ``Evaluation of the Highly Pathogenic Avian 
Influenza H5N1 Status of Suffolk and Norfolk Counties, England'' 
(January 2009), we presented the results of our evaluation of the 
status of HPAI H5N1 in domestic poultry in Suffolk and Norfolk 
Counties, England, in light of the actions taken by the United 
Kingdom's (UK) animal health authorities since the outbreaks in 2007.
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    \1\ To view the notice, the evaluation, and the comment we 
received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0015.
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    Our evaluation concluded that the UK was able to effectively 
control and eradicate HPAI H5N1 in their domestic poultry populations 
and that animal health authorities have adequate control measures in 
place to rapidly identify, control, and eradicate the disease should it 
be reintroduced into the UK's wild birds or domestic poultry 
population.
    In our May 2009 notice, we stated that if after the close of the 
comment period we could identify no additional risk factors that would 
indicate that domestic poultry in Suffolk and Norfolk Counties, 
England, continue to be affected with HPAI H5N1, we would conclude that 
the importation of live birds, poultry carcasses, parts of carcasses, 
and eggs (other than hatching eggs) of poultry, game birds, or other 
birds from regions of Suffolk and Norfolk Counties, England, presents a 
low risk of introducing HPAI H5N1 into the United States.
    We solicited comments on the evaluation for 30 days ending on June 
9, 2009. We received one comment by that date, from a poultry breeding 
and genetics firm. The commenter agreed with the findings of our 
assessment.
    Therefore we are removing our prohibition on the importation of 
these products from Suffolk and Norfolk Counties, England, into the 
United States. Specifically:
     We are no longer requiring that processed poultry products 
from Suffolk and Norfolk Counties, England, be accompanied by a 
Veterinary Service import permit and government certification 
confirming that the products have been treated according to APHIS 
requirements;
     We are allowing unprocessed poultry products from Suffolk 
and Norfolk Counties, England, to enter the United States in passenger 
luggage; and
     We are removing restrictions regarding the regions of 
Suffolk and Norfolk Counties, England, from which processed poultry 
products may originate in order to be allowed entry into the United 
States in passenger luggage.
    However, live birds from Suffolk and Norfolk Counties, England, 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.

    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.

    Done in Washington, DC, this 17th day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-22929 Filed 9-22-09; 8:45 am]
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