[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36332-36333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12435]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[Docket No. 04-011-2]


Highly Pathogenic Avian Influenza; Additional Restrictions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Technical amendment.

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SUMMARY: In an interim rule published in the Federal Register on May 
10, 2004, we amended the regulations concerning the importation of 
animals and animal products to prohibit or restrict the importation of 
birds, poultry, and bird and poultry products from regions that have 
reported the presence of the H5N1 subtype of highly pathogenic avian 
influenza and to establish additional permit and quarantine 
requirements for U.S. origin pet birds and performing or theatrical 
birds and poultry returning to the United States. In the preamble of 
the interim rule, we specified that the additional restrictions in part 
94 would apply only to unprocessed bird and poultry products, but 
mistakenly omitted the word ``unprocessed'' in the rule portion; in 
this document, we are correcting this error.

DATES: This amendment is effective June 23, 2005.

FOR FURTHER INFORMATION CONTACT: For information concerning bird and 
poultry products, contact Dr. Tracye Butler, Senior Staff Veterinarian, 
National Center for Import and Export, VS, APHIS, 4700 River Road Unit 
40, Riverdale, MD 20737-1231; (301) 734-3277. For information 
concerning live birds and poultry, contact Dr. Julie Garnier, Staff 
Veterinarian, National Center for Import and Export, VS, APHIS, 4700 
River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-8364.

SUPPLEMENTARY INFORMATION: In an interim rule published in the Federal 
Register on May 10, 2004 (69 FR 25820-25826, Docket No. 04-011-1), we 
amended the animal import regulations in 9 CFR parts 93, 94, and 95 to 
prohibit or restrict the importation of birds, poultry, and bird and 
poultry products from regions that have reported the presence of the 
H5N1 subtype of highly pathogenic avian influenza (HPAI) and to 
establish additional permit and quarantine requirements for U.S. origin 
pet birds and performing or theatrical birds and poultry returning to 
the United States.
    In the May 2004 interim rule, we specified in the preamble that 
unprocessed bird and poultry carcasses, parts, and products from 
regions where HPAI subtype H5N1 exists would be eligible for 
importation only if accompanied by an import permit and only if they 
are research or educational materials destined for a museum, 
educational institution, or research institution. However, in the rule 
portion of the interim rule we mistakenly omitted the word 
``unprocessed,'' thereby holding both processed and unprocessed bird 
and poultry products to these restrictions. Therefore, in this document 
we are amending Sec.  94.6, paragraph (e), to correct this omission.

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.

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Accordingly, we are amending 9 CFR part 94 as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND 
RESTRICTED IMPORTATIONS

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1. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.6  [Amended]

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2. In Sec.  94.6, the paragraph heading and first sentence of paragraph 
(e) are amended by removing the word ``Carcasses'' and by adding the 
words ``Unprocessed carcasses'' in their place.


[[Page 36333]]


    Done in Washington, DC, this 17th day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-12435 Filed 6-22-05; 8:45 am]
BILLING CODE 3410-34-P