80 FR 10575 - Highly Pathogenic Avian Influenza; Technical Amendment

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 39 (February 27, 2015)

In a final rule published in the Federal Register on December 1, 2014, and effective on that date, we adopted, with changes, an interim rule that amended the regulations concerning the importation of live birds and poultry (including hatching eggs) and bird and poultry products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. As part of this action, we intended to clarify that table eggs from regions considered to have HPAI may only be imported under APHIS permit for scientific, educational, or research purposes to approved establishments, and only if the Administrator has determined that the importation can be made under conditions that will prevent the introduction of HPAI into the United States. However, we did not add references to HPAI to one of the table egg provisions of the final rule as we intended. This document corrects that oversight.

[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Rules and Regulations]
[Pages 10575-10576]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04147]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. APHIS-2006-0074]

RIN 0579-AC36


Highly Pathogenic Avian Influenza; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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

SUMMARY: In a final rule published in the Federal Register on December 
1, 2014, and effective on that date, we adopted, with changes, an 
interim rule that amended the regulations concerning the importation of 
live birds and poultry (including hatching eggs) and bird and poultry 
products from regions where any subtype of highly pathogenic avian 
influenza (HPAI) is considered to exist. As part of this action, we 
intended to clarify that table eggs from regions considered to have 
HPAI may only be imported under APHIS permit for scientific, 
educational, or research purposes to approved establishments, and only 
if the Administrator has determined that the importation can be made 
under conditions that will prevent the introduction of HPAI into the 
United States. However, we did not add references to HPAI to one of the 
table egg provisions of the final rule as we intended. This document 
corrects that oversight.

DATES: Effective February 27, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Javier Vargas, Case Manager, 
National Import Export Services, Animal Health Policy and Programs, VS, 
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737; (301) 851-3300.

SUPPLEMENTARY INFORMATION: In a final rule \1\ that was published in 
the Federal Register on December 1, 2014 (79 FR 70997-71007, Docket No. 
APHIS-2006-0074), and effective on that date, we adopted, with changes, 
an interim rule that amended the regulations concerning the importation 
of live birds and poultry (including hatching eggs) and bird and 
poultry products from regions where any subtype of highly pathogenic 
avian influenza (HPAI) is considered to exist. As part of this action, 
we intended to amend the regulations in Sec.  94.6(c)(4) to clarify 
that table eggs from regions considered to have HPAI that do not meet 
the requirements of Sec.  94.6(c)(1) through Sec.  94.6(c)(3) may only 
be imported if the Administrator has determined that the importation 
can be made under conditions that will prevent the introduction of HPAI 
into the United States. However, we did not add references to HPAI in 
Sec.  94.6(c)(4) of the table egg provisions of the final rule as we 
intended. We are amending the regulations to correct that oversight.
---------------------------------------------------------------------------

    \1\ To view the rule, supporting analyses, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2006-0074.
---------------------------------------------------------------------------

    We also wish to clarify a statement we made in the preamble to the 
final rule regarding the requirements for importing table eggs from 
HPAI regions. We incorrectly stated that table eggs moved to approved 
establishments for breaking and pasteurization require an APHIS permit. 
Such eggs do not require an APHIS permit for importation and, as 
indicated in Sec.  94.6(c)(2), may be moved from the port of arrival in 
the United States, under seal of the United States Department of 
Agriculture, to an approved establishment for breaking and 
pasteurization.

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.

    Accordingly, 9 CFR part 94 is amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, 
HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, SWINE VESICULAR DISEASE, 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.

[[Page 10576]]

Sec.  94.6  [Amended]

0
2. In Sec.  94.6, paragraph (c)(4) is amended by adding the words ``and 
HPAI'' after the words ``Newcastle disease'' each time they occur.

    Done in Washington, DC, this 23rd day of February 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-04147 Filed 2-26-15; 8:45 am]
BILLING CODE 3410-34-P