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)

Page Range		10575-10576
FR Document		2015-04147

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 Issue 39 (Friday, February 27, 2015)

[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]


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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.

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

Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10575

■ 15. Amend § 1450.204 as follows: adding the words ‘‘the BCAP contract’’ Register on December 1, 2014 (79 FR
■ a. Revise paragraphs (b)(3) and (4); in their place. 70997–71007, Docket No. APHIS–2006–
and Signed at Washington, DC, on February 23, 0074), and effective on that date, we
■ b. Remove paragraph (b)(5). 2015. adopted, with changes, an interim rule
The revisions read as follows: Val Dolcini, that amended the regulations
Executive Vice President, Commodity Credit
concerning the importation of live birds
§ 1450.204 Eligible land.
Corporation, and Administrator, Farm and poultry (including hatching eggs)
(b) * * * and bird and poultry products from
(3) Land enrolled in the Conservation Service Agency.
[FR Doc. 2015–04092 Filed 2–26–15; 8:45 am] regions where any subtype of highly
Reserve Program (CRP) as specified in pathogenic avian influenza (HPAI) is
part 1410 of this chapter for which BILLING CODE 3410–05–P
considered to exist. As part of this
either: action, we intended to amend the
(i) The enrollment is not expiring in
DEPARTMENT OF AGRICULTURE regulations in § 94.6(c)(4) to clarify that
the current fiscal year; or
table eggs from regions considered to
(ii) A CRP payment for this land has
Animal and Plant Health Inspection have HPAI that do not meet the
been received in the current fiscal year;
Service requirements of § 94.6(c)(1) through
or
(4) Land enrolled in the Agricultural § 94.6(c)(3) may only be imported if the
Conservation Easement Program (ACEP) 9 CFR Part 94 Administrator has determined that the
for which either: importation can be made under
[Docket No. APHIS–2006–0074]
(i) The enrollment is not expiring in conditions that will prevent the
the current fiscal year; or RIN 0579–AC36 introduction of HPAI into the United
(ii) An ACEP payment for this land States. However, we did not add
has been received in the current fiscal Highly Pathogenic Avian Influenza; references to HPAI in § 94.6(c)(4) of the
year. Technical Amendment table egg provisions of the final rule as
we intended. We are amending the
§ 1450.211 [Amended] AGENCY: Animal and Plant Health regulations to correct that oversight.
Inspection Service, USDA. We also wish to clarify a statement we
■ 16. Amend § 1450.211, in paragraph
(g)(4), by adding the word ‘‘by’’ ACTION: Final rule; technical made in the preamble to the final rule
immediately before the word ‘‘CCC’’. amendment. regarding the requirements for
importing table eggs from HPAI regions.
§ 1450.212 [Amended] SUMMARY: In a final rule published in We incorrectly stated that table eggs
the Federal Register on December 1, moved to approved establishments for
■ 17. Amend § 1450.212, in paragraph 2014, and effective on that date, we
(d), by removing the words ‘‘agreed to’’ breaking and pasteurization require an
adopted, with changes, an interim rule APHIS permit. Such eggs do not require
and adding the word ‘‘determined’’ in that amended the regulations
their place. an APHIS permit for importation and, as
concerning the importation of live birds indicated in § 94.6(c)(2), may be moved
■ 18. Amend § 1450.213 by revising and poultry (including hatching eggs) from the port of arrival in the United
paragraphs (a) and (b) to read as follows: and bird and poultry products from States, under seal of the United States
§ 1450.213 Levels and rates for regions where any subtype of highly Department of Agriculture, to an
establishment payments. pathogenic avian influenza (HPAI) is approved establishment for breaking
(a) CCC will pay not more than 50 considered to exist. As part of this and pasteurization.
percent of the actual or average cost action, we intended to clarify that table
eggs from regions considered to have List of Subjects in 9 CFR Part 94
(whichever is lower) of establishing
non-woody perennial crops and woody HPAI may only be imported under Animal diseases, Imports, Livestock,
perennial crops specified in the APHIS permit for scientific, Meat and meat products, Milk, Poultry
conservation plan, forest stewardship educational, or research purposes to and poultry products, Reporting and
plan, or equivalent plan, not to exceed approved establishments, and only if recordkeeping requirements.
$500 per acre. For socially the Administrator has determined that Accordingly, 9 CFR part 94 is
disadvantaged farmers or ranchers, as the importation can be made under amended as follows:
defined in part 718 of this title, conditions that will prevent the
establishment payments may not exceed introduction of HPAI into the United PART 94—RINDERPEST, FOOT-AND-
$750 per acre. States. However, we did not add MOUTH DISEASE, NEWCASTLE
(b) The average cost of performing a references to HPAI to one of the table DISEASE, HIGHLY PATHOGENIC
practice will be determined by CCC egg provisions of the final rule as we AVIAN INFLUENZA, AFRICAN SWINE
based on recommendations from the intended. This document corrects that FEVER, CLASSICAL SWINE FEVER,
State Technical Committee. Such cost oversight. SWINE VESICULAR DISEASE, AND
may be the average cost in a State, a DATES: Effective February 27, 2015. BOVINE SPONGIFORM
county, or a part of a State or county, ENCEPHALOPATHY: PROHIBITED
FOR FURTHER INFORMATION CONTACT: Mr. AND RESTRICTED IMPORTATIONS.
as determined by CCC. The average cost Javier Vargas, Case Manager, National
as determined by CCC will be used for Import Export Services, Animal Health ■ 1. The authority citation for part 94
payment purposes, if it is less than the Policy and Programs, VS, APHIS, 4700 continues to read as follows:
actual cost for an individual participant. River Road Unit 38, Riverdale, MD
tkelley on DSK3SPTVN1PROD with RULES

Authority: 7 U.S.C. 450, 7701–7772, 7781–
* * * * * 20737; (301) 851–3300. 7786, and 8301–8317; 21 U.S.C. 136 and
§ 1450.215 [Amended] SUPPLEMENTARY INFORMATION: In a final 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
rule 1 that was published in the Federal 371.4.
■ 19. Amend § 1450.215, in paragraph
(c), by removing the words ‘‘the 1 To view the rule, supporting analyses, and www.regulations.gov/#!docketDetail;D=APHIS-
contract’’ each time they appear and comments we received, go to http:// 2006-0074.

VerDate Sep<11>2014 16:12 Feb 26, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1

Document Created: 2015-12-18 13:14:47
Document Modified: 2015-12-18 13:14:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		Effective February 27, 2015.
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.
FR Citation		80 FR 10575
RIN Number		0579-AC36
CFR Associated		Animal Diseases; Imports; Livestock; Meat and Meat Products; Milk; Poultry and Poultry Products and Reporting and Recordkeeping Requirements

80 FR 10575 - Highly Pathogenic Avian Influenza; Technical Amendment

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

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

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service