[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Page 48519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22931]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0121]


Notice of Determination of the Highly Pathogenic Avian Influenza 
Subtype H5N1 Status of Saxony, Germany

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 
highly pathogenic avian influenza (HPAI) subtype H5N1 status of Saxony, 
Germany, following an outbreak in 2008. Based on our assessment of the 
animal health status of Saxony, Germany, 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 
Saxony, Germany, 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. Julia Punderson, Regionalization 
Evaluation Services Staff, National Center for Import and Export, VS, 
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
4356.

SUPPLEMENTARY INFORMATION:

Background

    On June 12, 2009, we published in the Federal Register (74 FR 
28008-28009, Docket No. APHIS-2008-0121) a notice \1\ in which we 
announced the availability for review and comment of an assessment of 
the animal health status of Saxony, Germany, relative to highly 
pathogenic avian influenza (HPAI) subtype H5N1. In the assessment, 
titled ``APHIS' Evaluation of the Status of High Pathogenicity Avian 
Influenza H5N1 (HPAI H5N1) in Saxony, Germany'' (February 2009), we 
presented the results of our evaluation of the prevalence of HPAI H5N1 
in domestic poultry in light of the actions taken by German animal 
health authorities during and since the outbreak of HPAI H5N1 that 
occurred in Saxony in 2008.
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    \1\ To view the notice and the assessment, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0121.
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    Our assessment concluded that Germany 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 at that time, and that German animal 
health authorities have control measures in place to rapidly identify, 
control, and eradicate the disease should it be reintroduced into 
Germany in either wild birds or domestic poultry.
    In our June 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 Saxony, Germany, 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 Saxony, 
Germany, presents a low risk of introducing HPAI H5N1 into the United 
States.
    We solicited comments on the notice for 30 days ending on July 13, 
2009. We received no comments on our assessment by that date. Therefore 
we are removing certain restrictions on the importation of these 
products from Saxony, Germany, into the United States. Specifically:
     We are no longer requiring that processed poultry products 
from Saxony, Germany, 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 Saxony, 
Germany, to enter the United States in passenger luggage; and
     We are removing restrictions regarding Saxony, Germany, 
from which processed poultry products may originate in order to be 
allowed entry into the United States in passenger luggage.
    However, live birds from Saxony, Germany, 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 17th day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-22931 Filed 9-22-09; 8:45 am]
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