Highly Pathogenic Avian Influenza; Additional Restrictions, 41608-41610 [05-14262]

Download as PDF 41608 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 955 Onions, Marketing agreements, Reporting and recordkeeping requirements. PART 955—VIDALIA ONIONS GROWN IN GEORGIA Accordingly, the interim final rule amending 7 CFR part 955 which was published at 70 FR 11114 on March 8, 2005, is adopted as a final rule without change. I Dated: July 14, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05–14261 Filed 7–19–05; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Conservation Service, P.O. Box 2890, Washington, DC 20013–2890, or by email to FarmBillRules@usda.gov; Attn: Conservation Security Program. The amended interim final rule may also be accessed via the Internet through the NRCS homepage, at http:// www.nrcs.usda.gov, and by selecting Programs. All comments, including names and addresses when provided, are placed in the record and are available for public inspection. FOR FURTHER INFORMATION CONTACT: Craig Derickson, Conservation Security Program Manager, Financial Assistance Programs Division, NRCS, P.O. Box 2890, Washington, DC 20013–2890, telephone: (202) 720–1845; fax: (202) 720–4265. Submit e-mail to: craig.derickson@wdc.usda.gov, Attention: Conservation Security Program. Signed in Washington, DC, on July 14, 2005. Bruce I. Knight, Chief, Natural Resources Conservation Service, Vice President, Commodity Credit Corporation. [FR Doc. 05–14297 Filed 7–19–05; 8:45 am] BILLING CODE 3410–16–P Natural Resources Conservation Service DEPARTMENT OF AGRICULTURE 7 CFR Part 1469 Animal and Plant Health Inspection Service Conservation Security Program Commodity Credit Corporation and the Natural Resources Conservation Service, USDA. ACTION: Interim final rule; extension of public comment period. 9 CFR Parts 93, 94, and 95 SUMMARY: The Conservation Security Program (CSP) is authorized by Title XII, Chapter 2, Subchapter A, of the Food Security Act of 1985, as amended by the Farm Security and Rural Investment Act of 2002. The Natural Resources Conservation Service (NRCS) published an amendment to the interim final rule for CSP on March 25, 2005, (70 FR 15201), with a comment period expiring July 25, 2005. By this notice, NRCS is extending the period during which it will accept public comment on the amended interim final rule for CSP to September 9, 2005. This extension is to give the public additional time to comment on key issues that have been raised regarding the implementation of the program under the amended interim final rule. DATES: Comments must be postmarked by midnight, September 9, 2005. ADDRESSES: Send comments in writing, by mail, to Financial Assistance Programs Division, Natural Resources AGENCY: AGENCY: VerDate jul<14>2003 14:19 Jul 19, 2005 Jkt 205001 [Docket No. 04–011–3] Highly Pathogenic Avian Influenza; Additional Restrictions Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the regulations concerning the importation of animals and animal products to prohibit or restrict the importation of birds, poultry, and unprocessed birds 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. The interim rule was necessary to prevent the introduction of highly pathogenic avian influenza subtype H5N1 into the United States. EFFECTIVE DATE: The interim rule became effective on February 4, 2004. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Dr. Karen A. James-Preston, Director, National Center for Import and Export, Technical Trade Services, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231; (301) 734–8172. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Avian influenza (AI) is a disease that can cause varying degrees of clinical illness in poultry. AI viruses can infect chickens, turkeys, pheasants, quail, ducks, geese, and guinea fowl, as well as a wide variety of other birds. Migratory waterfowl have proved to be the natural reservoir for this disease. AI viruses can be classified into low pathogenic (LPAI) and highly pathogenic (HPAI) forms based on the severity of the illness they cause. Most AI virus strains are LPAI and typically cause little or no clinical signs in infected birds. However, some LPAI virus strains are capable of mutating under field conditions into HPAI viruses, which are extremely infectious and fatal for chickens. HPAI can strike poultry quickly without any infection warning signs and, once established, the disease can spread rapidly from flock to flock. HPAI viruses can also be spread by manure, equipment, vehicles, egg flats, crates, and people whose clothing or shoes have come in contact with the virus. HPAI viruses can remain viable at moderate temperatures for long periods in the environment and can survive indefinitely in frozen material. In some instances, HPAI may even be transmitted to humans, with human infections of AI viruses on the rise in recent years. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA or the Department) regulates the importation of animals and animal products into the United States to guard against the introduction of animal diseases such as AI. The regulations in 9 CFR parts 93, 94, and 95 (referred to below as the regulations) govern the importation of certain animals, birds, poultry, meat, other animal products and byproducts, hay, and straw into the United States in order to prevent the introduction of various animal diseases, including AI. In an interim rule effective February 4, 2004, and published in the Federal Register on May 10, 2004 (69 FR 25820– 25826, Docket No. 04–011–1), we amended the regulations to require that all pet birds and performing and theatrical birds and poultry of United States origin be subject to a 30-day quarantine at a USDA facility when they have spent any length of time in a E:\FR\FM\20JYR1.SGM 20JYR1 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations region reporting incidents of HPAI subtype H5N1 and to require that U.S. origin birds returning from any such region be accompanied by a permit. The interim rule also added new restrictions on the importation of unprocessed 1 bird and poultry carcasses, parts, and products, to allow such products from regions where HPAI subtype H5N1 is considered to exist only when accompanied by an import permit and only if they are research or educational materials destined for a museum or an educational or research institution. In the interim rule we also provided that products and byproducts of birds and poultry, including feathers, birds’ nests, and bird trophies may be imported from areas where HPAI subtype H5N1 exists only when accompanied by a permit and authorized by the Administrator. Finally, we added a list of regions (Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and Vietnam) where HPAI subtype H5N1 is considered to exist. Comments on the interim rule were required to be received on or before July 9, 2004. We received one comment by that date, from a private citizen. The issues raised by this commenter regarding the interim rule are discussed below. The commenter suggested that APHIS should ban the importation into the United States of all types of birds. The commenter also stated that the 30-day home quarantine for pet birds and theatrical and performing birds and poultry was not effective because bird owners are not qualified to determine the disease status of their birds. The commenter therefore recommended discontinuing the practice of home quarantines, instead quarantining animals in specialized facilities for a minimum of 60 days. The commenter also recommended transferring veterinary inspection functions to epidemiologists and medical doctors. We do not believe the commenter’s suggestion that we completely ban the importation of birds into the United States is needed to prevent the introduction of diseases such as avian influenza. We would also like to point out that home quarantine is not available for high-risk birds such as those returning from an H5N1 region; 1 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. On June 23, 2005, we published a technical amendment in the Federal Register (69 FR 25820–25826, Docket No. 04–011–2) in which we amended § 94.6, paragraph (e), to correct this omission. VerDate jul<14>2003 14:19 Jul 19, 2005 Jkt 205001 such high-risk birds are required to go to a USDA quarantine facility for a minimum of 30 days, which is a sufficient amount of time for any clinical signs of disease to appear. We also believe that it is most appropriate for a veterinarian to conduct inspections, given that they have animal health expertise that epidemiologists and medical doctors do not necessarily have. The commenter expressed concern with the requirement that a notarized statement be signed by any bird owner that their bird has not been in contact with other poultry or birds while overseas for more than 60 days in any region other than one listed as a region where HPAI subtype H5N1 exists. The commenter stated that a notarized statement is not a good indicator of the bird’s health because it would be easy to lie in such a statement. While it is possible for a bird owner to lie in a notarized statement, there are criminal and civil penalties that APHIS may pursue should a bird owner be found to have made a false statement. These penalties serve as a deterrent to bird owners providing false information in their notarized statements. Finally, we note that in addition to the notarized statement, the regulations also require that the birds undergo a port of entry veterinary inspection; be accompanied by a United States veterinary health certificate issued prior to the bird’s departure from the United States containing an identification number which must match the number on the bird’s leg band, tattoo, or microchip; and complete a 30-day home quarantine during which the bird is to be made available for health inspection and testing by Department inspectors upon request. The commenter was also concerned that theatrical and performing animals would be allowed to enter the United States without a mandatory quarantine period. As stated in the interim rule, theatrical or performing birds of United States origin that have been in a region where HPAI subtype H5N1 exists are subject to a minimum 30-day quarantine in a USDA quarantine facility upon their return to the United States. Performing or theatrical birds returning from all other regions must undergo a 30-day home quarantine upon return to the United States. The commenter also recommended that nests, carcasses, bird trophies, bird parts, or bird products be prohibited from importation into the United States from any region where HPAI subtype H5N1 exists. As stated in the interim PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 41609 rule, carcasses, and parts or products of carcasses, of poultry, game birds, or other birds may be imported into the United States from regions where HPAI subtype H5N1 is known to exist only if they are imported for scientific, educational, or research purposes and only if the Administrator has determined they can be imported under conditions which will prevent the introduction of HPAI subtype H5N1 into the United States. We believe this is sufficient to prevent the spread of HPAI subtype H5N1 to the United States. Therefore, for the reasons given in the interim rule, we are adopting the interim rule, as amended by the June 23, 2005 technical amendment, as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Order 12988, and the Paperwork Reduction Act. Further, this action has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. List of Subjects 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. 9 CFR Part 95 Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping requirements, Straw, Transportation. PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS E:\FR\FM\20JYR1.SGM 20JYR1 41610 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations PART 95—SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES Accordingly, the interim rule amending 9 CFR parts 93, 94 and 95 that was published at 69 FR 25820–25826 on May 10, 2004, as amended by the June 23, 2005, technical amendment that was published at 70 FR 36332–36333, is adopted as a final rule without change. I § 36.105 [Corrected] 2. On page 38749, in the second column, in the paragraph entitled ‘‘§ 36.105 Flight Manual Statement of Chapter 4 equivalency’’, eleventh line, change ‘‘part 36 Amendment (insert part 36 amendment number)’’ to read ‘‘part 36, Amendment 36 (insert part 36 amendment to which the airplane was certificated)’’. I Issued in Washington, DC on July 14, 2005. Anthony F. Fazio, Director, Office of Rulemaking. [FR Doc. 05–14248 Filed 7–19–05; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, Airspace Branch, ACE–520A, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329–2524. Federal Aviation Administration Done in Washington, DC, this 14th day of July 2005 . Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05–14262 Filed 7–19–05; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 36 and 91 [Docket No. FAA–2005–21706; Airspace Docket No. 05–ACE–23] Modification of Class E Airspace; Washington, MO Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. AGENCY: [Docket No. FAA–2003–16523] RIN 2120–AH99 SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E AGENCY: Federal Aviation airspace at Washington, MO. A review Administration (FAA), DOT. of the Class E airspace area extending ACTION: Final rule; correction. upward from 700 feet above ground level (AGL) at Washington, MO revealed SUMMARY: This document makes its legal description is not in proper corrections to the final rule published in format and it is not in compliance with the Federal Register on July 5, 2005 (70 established airspace criteria. This FR 38742). This document adds two airspace area is enlarged and modified assigned amendment numbers. It also to conform to FAA Orders. The clarifies the Flight Manual Statement of intended effect of this rule is to provide Chapter for equivalency required by controlled airspace of appropriate § 36.105. dimensions to protect aircraft departing from and executing standard instrument DATES: This correction is effective July approach procedures (SIAPs) to 20, 2005. Washington Memorial Airport. This rule FOR FURTHER INFORMATION CONTACT: also amends the Airport Reference Point Laurette Fisher, Office of Environment and Energy (AEE–100), Federal Aviation (ARP) in the legal description to reflect current data. Administration, 800 Independence DATES: This direct final rule is effective Avenue, SW., Washington, DC 20591; on 0901 UTC, October 27, 2005. telephone (202) 267–3561; facsimile Comments for inclusion in the Rules (202) 267–5594. Docket must be received on or before Correction August 19, 2005. ADDRESSES: Send comments on this I In the final rule ‘‘Stage 4 Aircraft Noise proposal to the Docket Management Standards’’ published in the Federal System, U.S. Department of Register on July 5, 2005 (70 FR 38742), Transportation, Room Plaza 401, 400 make the following corrections: Seventh Street, SW., Washington, DC I 1. On page 38742, in the first column, 20590–0001. You must identify the in the fourth line of the heading, add amendment numbers as follows: [Docket docket number FAA–2005–21706/ No. FAA–2003–16526; Amendment Nos. Airspace Docket No. 05–ACE–23, at the beginning of your comments. You may 36–26, 91–288] Stage 4 Aircraft Noise Standards; Correction VerDate jul<14>2003 14:19 Jul 19, 2005 also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. Jkt 205001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet above the surface at Washington, MO. An examination of the Class E airspace area at Washington, MO revealed it does not comply with airspace requirements for recently developed Standard Instrument Approach Procedures (SIAP). Enlargements to this airspace area are necessary in order to comply with airspace requirements set forth in FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 8260.19C, Flight Procedures and Airspace. The Washington Memorial Airport Airport Reference Point (ARP) is amended to reflect current data and the reference to the Foristell VORTAC is removed. The airspace area is expanded from a 6.3-mile to a 6.4-mile radius of Washington Memorial Airport and extensions are established within 4 miles each side of the 334° bearing from the airport extending from the 6.4-mile radius to 10.8 miles northwest of the airport and within 4 miles each side of the 154° bearing from the airport extending from the 6.4-mile radius to 10.6 miles southeast of the airport. These modifications provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Washington Memorial Airport. This area will be depicted on appropriate aeronautical charts. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of FAA Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. E:\FR\FM\20JYR1.SGM 20JYR1

Agencies

[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Rules and Regulations]
[Pages 41608-41610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14262]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 93, 94, and 95

[Docket No. 04-011-3]


Highly Pathogenic Avian Influenza; Additional Restrictions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations concerning the importation of animals 
and animal products to prohibit or restrict the importation of birds, 
poultry, and unprocessed birds 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. The interim rule was 
necessary to prevent the introduction of highly pathogenic avian 
influenza subtype H5N1 into the United States.

EFFECTIVE DATE: The interim rule became effective on February 4, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Karen A. James-Preston, Director, 
National Center for Import and Export, Technical Trade Services, VS, 
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
8172.

SUPPLEMENTARY INFORMATION: 

Background

    Avian influenza (AI) is a disease that can cause varying degrees of 
clinical illness in poultry. AI viruses can infect chickens, turkeys, 
pheasants, quail, ducks, geese, and guinea fowl, as well as a wide 
variety of other birds. Migratory waterfowl have proved to be the 
natural reservoir for this disease. AI viruses can be classified into 
low pathogenic (LPAI) and highly pathogenic (HPAI) forms based on the 
severity of the illness they cause. Most AI virus strains are LPAI and 
typically cause little or no clinical signs in infected birds. However, 
some LPAI virus strains are capable of mutating under field conditions 
into HPAI viruses, which are extremely infectious and fatal for 
chickens. HPAI can strike poultry quickly without any infection warning 
signs and, once established, the disease can spread rapidly from flock 
to flock. HPAI viruses can also be spread by manure, equipment, 
vehicles, egg flats, crates, and people whose clothing or shoes have 
come in contact with the virus. HPAI viruses can remain viable at 
moderate temperatures for long periods in the environment and can 
survive indefinitely in frozen material. In some instances, HPAI may 
even be transmitted to humans, with human infections of AI viruses on 
the rise in recent years.
    The Animal and Plant Health Inspection Service (APHIS) of the 
United States Department of Agriculture (USDA or the Department) 
regulates the importation of animals and animal products into the 
United States to guard against the introduction of animal diseases such 
as AI. The regulations in 9 CFR parts 93, 94, and 95 (referred to below 
as the regulations) govern the importation of certain animals, birds, 
poultry, meat, other animal products and byproducts, hay, and straw 
into the United States in order to prevent the introduction of various 
animal diseases, including AI.
    In an interim rule effective February 4, 2004, and published in the 
Federal Register on May 10, 2004 (69 FR 25820-25826, Docket No. 04-011-
1), we amended the regulations to require that all pet birds and 
performing and theatrical birds and poultry of United States origin be 
subject to a 30-day quarantine at a USDA facility when they have spent 
any length of time in a

[[Page 41609]]

region reporting incidents of HPAI subtype H5N1 and to require that 
U.S. origin birds returning from any such region be accompanied by a 
permit. The interim rule also added new restrictions on the importation 
of unprocessed \1\ bird and poultry carcasses, parts, and products, to 
allow such products from regions where HPAI subtype H5N1 is considered 
to exist only when accompanied by an import permit and only if they are 
research or educational materials destined for a museum or an 
educational or research institution. In the interim rule we also 
provided that products and byproducts of birds and poultry, including 
feathers, birds' nests, and bird trophies may be imported from areas 
where HPAI subtype H5N1 exists only when accompanied by a permit and 
authorized by the Administrator. Finally, we added a list of regions 
(Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and 
Vietnam) where HPAI subtype H5N1 is considered to exist.
---------------------------------------------------------------------------

    \1\ 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. On June 
23, 2005, we published a technical amendment in the Federal Register 
(69 FR 25820-25826, Docket No. 04-011-2) in which we amended Sec.  
94.6, paragraph (e), to correct this omission.
---------------------------------------------------------------------------

    Comments on the interim rule were required to be received on or 
before July 9, 2004. We received one comment by that date, from a 
private citizen. The issues raised by this commenter regarding the 
interim rule are discussed below.
    The commenter suggested that APHIS should ban the importation into 
the United States of all types of birds. The commenter also stated that 
the 30-day home quarantine for pet birds and theatrical and performing 
birds and poultry was not effective because bird owners are not 
qualified to determine the disease status of their birds. The commenter 
therefore recommended discontinuing the practice of home quarantines, 
instead quarantining animals in specialized facilities for a minimum of 
60 days. The commenter also recommended transferring veterinary 
inspection functions to epidemiologists and medical doctors. We do not 
believe the commenter's suggestion that we completely ban the 
importation of birds into the United States is needed to prevent the 
introduction of diseases such as avian influenza. We would also like to 
point out that home quarantine is not available for high-risk birds 
such as those returning from an H5N1 region; such high-risk birds are 
required to go to a USDA quarantine facility for a minimum of 30 days, 
which is a sufficient amount of time for any clinical signs of disease 
to appear. We also believe that it is most appropriate for a 
veterinarian to conduct inspections, given that they have animal health 
expertise that epidemiologists and medical doctors do not necessarily 
have.
    The commenter expressed concern with the requirement that a 
notarized statement be signed by any bird owner that their bird has not 
been in contact with other poultry or birds while overseas for more 
than 60 days in any region other than one listed as a region where HPAI 
subtype H5N1 exists. The commenter stated that a notarized statement is 
not a good indicator of the bird's health because it would be easy to 
lie in such a statement. While it is possible for a bird owner to lie 
in a notarized statement, there are criminal and civil penalties that 
APHIS may pursue should a bird owner be found to have made a false 
statement. These penalties serve as a deterrent to bird owners 
providing false information in their notarized statements. Finally, we 
note that in addition to the notarized statement, the regulations also 
require that the birds undergo a port of entry veterinary inspection; 
be accompanied by a United States veterinary health certificate issued 
prior to the bird's departure from the United States containing an 
identification number which must match the number on the bird's leg 
band, tattoo, or microchip; and complete a 30-day home quarantine 
during which the bird is to be made available for health inspection and 
testing by Department inspectors upon request.
    The commenter was also concerned that theatrical and performing 
animals would be allowed to enter the United States without a mandatory 
quarantine period. As stated in the interim rule, theatrical or 
performing birds of United States origin that have been in a region 
where HPAI subtype H5N1 exists are subject to a minimum 30-day 
quarantine in a USDA quarantine facility upon their return to the 
United States. Performing or theatrical birds returning from all other 
regions must undergo a 30-day home quarantine upon return to the United 
States.
    The commenter also recommended that nests, carcasses, bird 
trophies, bird parts, or bird products be prohibited from importation 
into the United States from any region where HPAI subtype H5N1 exists. 
As stated in the interim rule, carcasses, and parts or products of 
carcasses, of poultry, game birds, or other birds may be imported into 
the United States from regions where HPAI subtype H5N1 is known to 
exist only if they are imported for scientific, educational, or 
research purposes and only if the Administrator has determined they can 
be imported under conditions which will prevent the introduction of 
HPAI subtype H5N1 into the United States. We believe this is sufficient 
to prevent the spread of HPAI subtype H5N1 to the United States.
    Therefore, for the reasons given in the interim rule, we are 
adopting the interim rule, as amended by the June 23, 2005 technical 
amendment, as a final rule without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Order 12988, and the Paperwork Reduction Act.
    Further, this action has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.

List of Subjects

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 95

    Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping 
requirements, Straw, Transportation.

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

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

[[Page 41610]]

PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), 
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

0
Accordingly, the interim rule amending 9 CFR parts 93, 94 and 95 that 
was published at 69 FR 25820-25826 on May 10, 2004, as amended by the 
June 23, 2005, technical amendment that was published at 70 FR 36332-
36333, is adopted as a final rule without change.

    Done in Washington, DC, this 14th day of July 2005 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-14262 Filed 7-19-05; 8:45 am]
BILLING CODE 3410-34-P