Rescission of February 4, 2004, Order and Subsequent Amendments Prohibiting the Importation of Birds and Bird Products From Specified Countries, 40824-40826 [E9-19453]
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40824
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices
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VerDate Nov<24>2008
15:29 Aug 12, 2009
Jkt 217001
Dated: August 6, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–19447 Filed 8–12–09; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Rescission of February 4, 2004, Order
and Subsequent Amendments
Prohibiting the Importation of Birds
and Bird Products From Specified
Countries
AGENCY: Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION:
Final Notice.
SUMMARY: On January 21, 2009, CDC
published a notice in the Federal
Register (74 FR 3608) announcing its
intent to rescind its February 4, 2004
order and subsequent amendments
prohibiting the importation of birds and
bird products from specified countries
based on the threat that imports from
such countries increases the risk that
highly pathogenic avian influenza
(HPAI) may be introduced into the
United States. The U.S. Department of
Agriculture (USDA) Animal and Plant
Health Inspection Service (APHIS) has
implemented and continues to enforce
regulations to prohibit or restrict the
importation of birds, poultry, and
unprocessed birds and poultry products
from regions that have reported the
presence of highly pathogenic avian
influenza H5N1 in poultry. While
USDA/APHIS actions are based
primarily on protecting the U.S.
commercial poultry industry from the
introduction of highly pathogenic avian
influenza H5N1, these actions have the
added benefit of mitigating the risk of
human exposure to the virus. Because
the USDA/APHIS import restrictions
adequately address risks to human
health, HHS/CDC is announcing, in this
Notice, its decision to lift its embargo
against imports of birds and
unprocessed bird products from those
same countries. All of the bird
embargoes that are currently in force
under USDA regulations remain in
effect. HHS/CDC will work closely with
USDA/APHIS to monitor the
international situation regarding HPAI
H5N1 outbreaks and if human health
risks are not adequately contained by
USDA regulatory actions, CDC will take
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Fmt 4703
Sfmt 4703
action to mitigate any human health
risks associated with these outbreaks.
DATE: The decision is effective
September 14, 2009.
FOR FURTHER INFORMATION CONTACT: Dr.
Robert Mullan, Division of Global
Migration and Quarantine, National
Center for Preparedness, Detection, and
Control of Infectious Diseases, Centers
for Disease Control and Prevention,
1600 Clifton Road, NE., MS E–03,
Atlanta, Georgia 30333; telephone 404–
498–1600.
SUPPLEMENTARY INFORMATION:
Background
Since late 2003, highly pathogenic
avian influenza (HPAI) has become
established as a veterinary and human
health threat throughout the world. As
of April 1, 2009 HPAI has been
confirmed by the World Organization
for Animal Health (OIE) in birds from
over 60 countries in Asia, Europe, and
Africa. In addition, as of March 30,
2009, 413 human cases, including 256
deaths, have been confirmed by the
World Health Organization (WHO).
Birds imported into the United States
from countries with HPAI could pose a
risk for human infection or spread of
virus to U.S. birds.
USDA Actions
To protect the U.S. commercial
poultry industry, USDA/APHIS has
taken specific actions to reduce the
threat of importing birds or products
with HPAI.
• USDA’s authority for these actions
is found at 9 CFR Parts 93, 94, and 95.
• USDA/APHIS issued an interim
final rule on February 4, 2004, and a
final rule on July 20, 2005, providing
restrictions on the importation of birds
and unprocessed bird products from
countries confirmed to have HPAI in
commercial birds.
• To date, USDA has placed import
restrictions on 46 countries.
• Import restrictions allow US-origin
pet birds and performing birds to return
to the United States following a 30-day
quarantine at a USDA facility.
Importations of processed bird products
that have been rendered noninfectious
are also allowed provided such products
are accompanied by a USDA Veterinary
Services (VS) permit and a government
certification confirming that the
products were treated according to
USDA requirements.
• Bird products that are potentially
infectious may be imported for science
and education purposes under a USDA/
APHIS permit process, provided that the
product can be safely transported.
E:\FR\FM\13AUN1.SGM
13AUN1
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
CDC Actions
On February 4, 2004, HHS/CDC
issued an order to immediately ban the
import of all birds (Class: Aves) from
specified countries, subject to limited
exemptions for returning pet birds of US
origin and certain processed birdderived products. HHS/CDC took this
action because birds from these
countries can potentially infect humans
with HPAI. Countries affected by the
February 4, 2004, order included
Cambodia, Indonesia, Japan, Laos,
People’s Republic of China (including
Hong Kong Special Administrative
Region [SAR]), South Korea, Thailand,
and Vietnam. This order was further
amended on March 10, 2004, to lift the
embargo of birds and bird products from
the Hong Kong SAR because of the
documented control of the outbreak
there and the absence of HPAI cases in
Hong Kong’s domestic bird populations.
Following the documentation of HPAI
in commercial birds in additional
countries, HHS/CDC amended the
February 4, 2004, order to add these
countries to its embargo: Malaysia on
September 28, 2004; Kazakhstan,
Romania, Russia, Turkey, and Ukraine
on December 29, 2005; Nigeria on
February 8, 2006; India on February 22,
2006; Egypt on February 27, 2006; Niger
on March 2, 2006; Albania, Azerbaijan,
Cameroon, and Burma (Myanmar) on
March 15, 2006; Israel on March 20,
2006; Afghanistan on March 21, 2006;
Jordan on March 29, 2006; Burkina Faso
on April 10, 2006; Pakistan on April 10,
2006; Gaza, the West Bank, and Ivory
ˆ
Coast (Cote d’Ivoire) on April 28, 2006;
Sudan on May 16, 2006; Djibouti on
June 2, 2006; and Kuwait on February
28, 2007.
HHS/CDC has experienced practical
and operational issues since the
implementation of these orders. The
orders
• Duplicate the USDA/APHIS rule
and thus do not provide any additional
protection of the public’s health;
• Cause confusion at ports of entry
regarding which agency has primary
authority to respond;
• Give the appearance of a lack of
coordinated action by the U.S.
government, and
• May interfere with the importation
of products for laboratory evaluation,
epidemiologic assessment, and vaccine
distribution and research.
Thus, on January 21, 2009, CDC
published a notice with a 30-day
comment period in the Federal Register
(74 FR 3608) in which it announced its
intention to rescind the February 4,
2004, order and all subsequent orders
VerDate Nov<24>2008
15:29 Aug 12, 2009
Jkt 217001
prohibiting the importation of birds and
bird products from specified countries.
Public Comments Received and CDC
Responses
CDC received three comments from
the public in response to its January 21,
2009 Notice. Two commenters opposed
CDC’s proposal to rescind its bird
embargo and one commenter
commended CDC on its recognition that
USDA’s ban also protects human health.
Public Comment #1: The first
comment opposing the plan for CDC to
rescind its bird embargo cited three
concerns, as follows:
1. The USDA and CDC prohibitions
have been part of a well-coordinated
federal response to the avian influenza
threat, and there is no need to change
these practices.
2. The USDA does not have the
mandate to protect human health from
the introduction of pathogens into the
United States, and CDC does.
3. Rescinding the CDC prohibitions
might have the undesirable effect of
reducing the public’s understanding of
human health concerns, including avian
influenza, associated with the
importation of birds and bird products
into the United States.
CDC Response: While the USDA/
APHIS rule is based primarily on
protecting the U.S. commercial poultry
industry from introduction of HPAI
H5N1, it has the added benefit of
mitigating the risk of human exposure to
the virus. Through contacts with
international veterinary authorities and
trade relationships with countries of
concern, USDA/APHIS is able to
quickly assess import risk and
subsequently implement importation
restrictions on affected countries. By
working in close collaboration with
USDA/APHIS, CDC is confident that
their actions before issuing new bird
import orders are sufficient to protect
public health.
As the nation’s lead agency for human
health, HHS/CDC will ensure mitigation
of the human health risks from HPAI
and other animal influenza viruses that
pose a risk to human health while also
demonstrating a coordinated and
efficient federal approach to managing
risks from imported birds and
unprocessed bird products. HHS/CDC
will also take action if future USDA/
APHIS restrictions do not adequately
address the public health risk from
HPAI or other influenza viruses in
animals.
HHS/CDC will take the following
steps to ensure the human health threat
of HPAI H5N1 continues to be
prevented:
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40825
1. To enforce USDA’s importation
embargo, CDC staff at the 20 U.S.
Quarantine Stations will continue
working closely with other federal
agencies at ports of entry, such as
USDA, the Department of Homeland
Security (DHS), and the U.S. Fish and
Wildlife Service (FWS) of the
Department of the Interior (DoI).
2. CDC staff will closely follow the
international situation regarding HPAI
outbreaks and spread through review of
information from its internal
surveillance systems, World Health
Organization Influenza Collaborating
Centers, CDC’s USDA liaison officer, the
United Nations Food and Agriculture
Organization, and the World
Organization for Animal Health.
3. CDC staff will continue to monitor
the World Organizations for Animal
Health (OIE) and USDA/APHIS actions
toward countries in which HPAI has
been established in commercial birds to
ascertain that they are consistent and
make an assessment if actions taken
mitigate the human health risk to the
United States. If the review process
identifies human health risks that are
not adequately contained by USDA/
APHIS actions, HHS/CDC will
implement additional importation
restrictions for birds and unprocessed
bird products. For example, if human
cases of HPAI were reported in a
country with no official confirmation of
avian cases (that would normally trigger
a USDA ban), HHS/CDC could
implement restrictions on an emergency
basis.
4. CDC staff will post a link to all
USDA/APHIS restrictions on its Web
site (https://www.cdc.gov/flu/avian/
outbreaks/embargo.htm).
5. CDC and USDA will continue to
collaborate on guidelines and protocols
to ensure a timely and coordinated
response to an HPAI outbreak should it
occur in the United States. In 2005–
2006 the agencies worked together with
other federal agencies on the USDA
Playbook for Avian Influenza, a protocol
that defines each agency’s roles and
responsibilities in response to H5N1 in
the United States.
6. CDC staff will closely monitor
human cases of HPAI and human
infections with other novel influenza
strains in other countries. If the review
process identifies clearly that risks to
human health could be further mitigated
by an importation ban on birds and bird
products coming from a particular
country, HHS/CDC will implement
additional importation restrictions for
birds and unprocessed bird products.
For example, if human illnesses and/or
deaths from infection with a novel
strain of influenza also shown to be
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13AUN1
40826
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices
circulating in birds were reported in a
country with no official confirmation of
avian cases (that would normally trigger
a USDA ban), HHS/CDC could
implement restrictions on an emergency
basis.
Public Comment #2: The second
comment was not specific for HPAI, but
addressed general concerns about
potentially zoonotic diseases associated
with wild birds. The commenter urged
CDC to reconsider rescinding this order
with respect to live birds and to review
the disease risks created by these bird
imports to protect people from
dangerous infectious diseases.
CDC Response: The current embargo
on birds and bird products from
countries that have had HPAI identified
in poultry is very specific and does not
cover all potentially zoonotic diseases
from imported wild birds. Therefore,
rescinding the current order would have
neither an adverse nor a positive affect
on the zoonotic risks of importing wild
birds.
Public Comment #3: The third
comment was in support of CDC’s
rescission of its bird embargo.
CDC Response: As stated above, CDC
will continue to work closely with
USDA and other human and animal
health partners to monitor the situation
with HPAI in both birds and people to
protect both animal and human health
in the United States.
In summary, HHS/CDC believes that
the actions taken to date by USDA/
APHIS adequately mitigate the human
health risks of HPAI associated with
birds and unprocessed bird products
imported from the countries of concern.
HHS/CDC plans to mitigate any future
human health risks that are not
adequately addressed by USDA/APHIS
regulations, thus ensuring a strong
coordinated federal response. Therefore,
the HHS/CDC order of February 4, 2004,
and its subsequent amendments are no
longer needed.
erowe on DSK5CLS3C1PROD with NOTICES
Action
Therefore, effective September 14,
2009, HHS/CDC is rescinding its
February 4, 2004, order and all
amendments from the following dates:
March 10, 2004; September 28, 2004;
December 29, 2005; February 8, 2006;
February 22, 2006; February 27, 2006;
March 2, 2006; March 15, 2006; March
20, 2006; March 21, 2006; March 29,
2006; April 10, 2006; April 28, 2006;
May 16, 2006; June 2, 2006; and
February 28, 2007.
VerDate Nov<24>2008
15:29 Aug 12, 2009
Jkt 217001
Dated: August 5, 2009.
James Seligman,
Chief Information Officer, Centers for Disease
Control and Prevention.
[FR Doc. E9–19453 Filed 8–12–09; 8:45 am]
BILLING CODE P
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Notice of Meeting
AGENCY: Advisory Council on Historic
Preservation.
ACTION: Notice of meeting.
Notice is hereby given that
the Advisory Council on Historic
Preservation (ACHP) will meet
Wednesday, August 19, 2009. The
meeting will be held in the Caucus
Room of the Cannon House Office
Building, Independence Avenue, and
1st Street, SE., Washington, DC at 9 a.m.
The ACHP was established by the
National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.) to advise the
President and Congress on national
historic preservation policy and to
comment upon Federal, federally
assisted, and federally licensed
undertakings having an effect upon
properties listed in or eligible for
inclusion in the National Register of
Historic Places. The ACHP’s members
are the Architect of the Capitol; the
Secretaries of the Interior, Agriculture,
Defense, Housing and Urban
Development, Commerce, Education,
Veterans Affairs, and Transportation;
the Administrator of the General
Services Administration; the Chairman
of the National Trust for Historic
Preservation; the President of the
National Conference of State Historic
Preservation Officers; a Governor; a
Mayor; a Native American; and eight
non-Federal members appointed by the
President.
The agenda for the meeting includes
the following:
Call to Order—9 a.m.:
I. Chairman’s Welcome.
II. Preserve America and Chairman’s
Award Presentation.
III. Native American Activities.
A. Native American Advisory Group.
B. Native American Program Report.
IV. Engaging Youth in Historic
Preservation.
V. Preserve America Program
Implementation.
VI. Department of Interior’s Treasured
Landscapes Initiative.
VII. Preservation Initiatives Committee.
A. Administration Urban Policy
Initiative.
B. Legislative Update.
SUMMARY:
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VIII. Federal Agency Programs
Committee.
A. Recovery Act Update.
B. Trans Alaska Pipeline Exemption.
C. Section 106 Case Updates.
IX. Communications, Education, and
Outreach Committee.
A. Service Learning Initiative.
X. Chairman’s Report.
A. ACHP Alumni Foundation.
B. Transition.
C. FY 2011 Budget.
XI. Executive Director’s Report.
A. Staff Changes and Recruitment.
XII. New Business.
XIII. Adjourn.
Note: The meetings of the ACHP are open
to the public.
If you need special accommodations
due to a disability, please contact the
Advisory Council on Historic
Preservation, 1100 Pennsylvania
Avenue, NW., Room 803, Washington,
DC, 202–606–8503, at least seven (7)
days prior to the meeting.
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
meeting is available from the Executive
Director, Advisory Council on Historic
Preservation, 1100 Pennsylvania
Avenue, NW., #803, Washington, DC
20004.
Dated: August 6, 2009.
John Fowler,
Executive Director.
[FR Doc. E9–19282 Filed 8–12–09; 8:45 am]
BILLING CODE 4310–K6–M
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Agency Information Collection
Activities: Protest
AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day notice and request for
comments; Revision of an existing
information collection: 1651–0017.
SUMMARY: U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security has submitted the
following information collection request
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(OMB) for review and approval in
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E:\FR\FM\13AUN1.SGM
13AUN1
]]>Agencies
[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40824-40826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19453]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Rescission of February 4, 2004, Order and Subsequent Amendments
Prohibiting the Importation of Birds and Bird Products From Specified
Countries
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Final Notice.
-----------------------------------------------------------------------
SUMMARY: On January 21, 2009, CDC published a notice in the Federal
Register (74 FR 3608) announcing its intent to rescind its February 4,
2004 order and subsequent amendments prohibiting the importation of
birds and bird products from specified countries based on the threat
that imports from such countries increases the risk that highly
pathogenic avian influenza (HPAI) may be introduced into the United
States. The U.S. Department of Agriculture (USDA) Animal and Plant
Health Inspection Service (APHIS) has implemented and continues to
enforce regulations to prohibit or restrict the importation of birds,
poultry, and unprocessed birds and poultry products from regions that
have reported the presence of highly pathogenic avian influenza H5N1 in
poultry. While USDA/APHIS actions are based primarily on protecting the
U.S. commercial poultry industry from the introduction of highly
pathogenic avian influenza H5N1, these actions have the added benefit
of mitigating the risk of human exposure to the virus. Because the
USDA/APHIS import restrictions adequately address risks to human
health, HHS/CDC is announcing, in this Notice, its decision to lift its
embargo against imports of birds and unprocessed bird products from
those same countries. All of the bird embargoes that are currently in
force under USDA regulations remain in effect. HHS/CDC will work
closely with USDA/APHIS to monitor the international situation
regarding HPAI H5N1 outbreaks and if human health risks are not
adequately contained by USDA regulatory actions, CDC will take action
to mitigate any human health risks associated with these outbreaks.
DATE: The decision is effective September 14, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Robert Mullan, Division of Global
Migration and Quarantine, National Center for Preparedness, Detection,
and Control of Infectious Diseases, Centers for Disease Control and
Prevention, 1600 Clifton Road, NE., MS E-03, Atlanta, Georgia 30333;
telephone 404-498-1600.
SUPPLEMENTARY INFORMATION:
Background
Since late 2003, highly pathogenic avian influenza (HPAI) has
become established as a veterinary and human health threat throughout
the world. As of April 1, 2009 HPAI has been confirmed by the World
Organization for Animal Health (OIE) in birds from over 60 countries in
Asia, Europe, and Africa. In addition, as of March 30, 2009, 413 human
cases, including 256 deaths, have been confirmed by the World Health
Organization (WHO). Birds imported into the United States from
countries with HPAI could pose a risk for human infection or spread of
virus to U.S. birds.
USDA Actions
To protect the U.S. commercial poultry industry, USDA/APHIS has
taken specific actions to reduce the threat of importing birds or
products with HPAI.
USDA's authority for these actions is found at 9 CFR Parts
93, 94, and 95.
USDA/APHIS issued an interim final rule on February 4,
2004, and a final rule on July 20, 2005, providing restrictions on the
importation of birds and unprocessed bird products from countries
confirmed to have HPAI in commercial birds.
To date, USDA has placed import restrictions on 46
countries.
Import restrictions allow US-origin pet birds and
performing birds to return to the United States following a 30-day
quarantine at a USDA facility. Importations of processed bird products
that have been rendered noninfectious are also allowed provided such
products are accompanied by a USDA Veterinary Services (VS) permit and
a government certification confirming that the products were treated
according to USDA requirements.
Bird products that are potentially infectious may be
imported for science and education purposes under a USDA/APHIS permit
process, provided that the product can be safely transported.
[[Page 40825]]
CDC Actions
On February 4, 2004, HHS/CDC issued an order to immediately ban the
import of all birds (Class: Aves) from specified countries, subject to
limited exemptions for returning pet birds of US origin and certain
processed bird-derived products. HHS/CDC took this action because birds
from these countries can potentially infect humans with HPAI. Countries
affected by the February 4, 2004, order included Cambodia, Indonesia,
Japan, Laos, People's Republic of China (including Hong Kong Special
Administrative Region [SAR]), South Korea, Thailand, and Vietnam. This
order was further amended on March 10, 2004, to lift the embargo of
birds and bird products from the Hong Kong SAR because of the
documented control of the outbreak there and the absence of HPAI cases
in Hong Kong's domestic bird populations. Following the documentation
of HPAI in commercial birds in additional countries, HHS/CDC amended
the February 4, 2004, order to add these countries to its embargo:
Malaysia on September 28, 2004; Kazakhstan, Romania, Russia, Turkey,
and Ukraine on December 29, 2005; Nigeria on February 8, 2006; India on
February 22, 2006; Egypt on February 27, 2006; Niger on March 2, 2006;
Albania, Azerbaijan, Cameroon, and Burma (Myanmar) on March 15, 2006;
Israel on March 20, 2006; Afghanistan on March 21, 2006; Jordan on
March 29, 2006; Burkina Faso on April 10, 2006; Pakistan on April 10,
2006; Gaza, the West Bank, and Ivory Coast (C[ocirc]te d'Ivoire) on
April 28, 2006; Sudan on May 16, 2006; Djibouti on June 2, 2006; and
Kuwait on February 28, 2007.
HHS/CDC has experienced practical and operational issues since the
implementation of these orders. The orders
Duplicate the USDA/APHIS rule and thus do not provide any
additional protection of the public's health;
Cause confusion at ports of entry regarding which agency
has primary authority to respond;
Give the appearance of a lack of coordinated action by the
U.S. government, and
May interfere with the importation of products for
laboratory evaluation, epidemiologic assessment, and vaccine
distribution and research.
Thus, on January 21, 2009, CDC published a notice with a 30-day
comment period in the Federal Register (74 FR 3608) in which it
announced its intention to rescind the February 4, 2004, order and all
subsequent orders prohibiting the importation of birds and bird
products from specified countries.
Public Comments Received and CDC Responses
CDC received three comments from the public in response to its
January 21, 2009 Notice. Two commenters opposed CDC's proposal to
rescind its bird embargo and one commenter commended CDC on its
recognition that USDA's ban also protects human health.
Public Comment #1: The first comment opposing the plan for CDC to
rescind its bird embargo cited three concerns, as follows:
1. The USDA and CDC prohibitions have been part of a well-
coordinated federal response to the avian influenza threat, and there
is no need to change these practices.
2. The USDA does not have the mandate to protect human health from
the introduction of pathogens into the United States, and CDC does.
3. Rescinding the CDC prohibitions might have the undesirable
effect of reducing the public's understanding of human health concerns,
including avian influenza, associated with the importation of birds and
bird products into the United States.
CDC Response: While the USDA/APHIS rule is based primarily on
protecting the U.S. commercial poultry industry from introduction of
HPAI H5N1, it has the added benefit of mitigating the risk of human
exposure to the virus. Through contacts with international veterinary
authorities and trade relationships with countries of concern, USDA/
APHIS is able to quickly assess import risk and subsequently implement
importation restrictions on affected countries. By working in close
collaboration with USDA/APHIS, CDC is confident that their actions
before issuing new bird import orders are sufficient to protect public
health.
As the nation's lead agency for human health, HHS/CDC will ensure
mitigation of the human health risks from HPAI and other animal
influenza viruses that pose a risk to human health while also
demonstrating a coordinated and efficient federal approach to managing
risks from imported birds and unprocessed bird products. HHS/CDC will
also take action if future USDA/APHIS restrictions do not adequately
address the public health risk from HPAI or other influenza viruses in
animals.
HHS/CDC will take the following steps to ensure the human health
threat of HPAI H5N1 continues to be prevented:
1. To enforce USDA's importation embargo, CDC staff at the 20 U.S.
Quarantine Stations will continue working closely with other federal
agencies at ports of entry, such as USDA, the Department of Homeland
Security (DHS), and the U.S. Fish and Wildlife Service (FWS) of the
Department of the Interior (DoI).
2. CDC staff will closely follow the international situation
regarding HPAI outbreaks and spread through review of information from
its internal surveillance systems, World Health Organization Influenza
Collaborating Centers, CDC's USDA liaison officer, the United Nations
Food and Agriculture Organization, and the World Organization for
Animal Health.
3. CDC staff will continue to monitor the World Organizations for
Animal Health (OIE) and USDA/APHIS actions toward countries in which
HPAI has been established in commercial birds to ascertain that they
are consistent and make an assessment if actions taken mitigate the
human health risk to the United States. If the review process
identifies human health risks that are not adequately contained by
USDA/APHIS actions, HHS/CDC will implement additional importation
restrictions for birds and unprocessed bird products. For example, if
human cases of HPAI were reported in a country with no official
confirmation of avian cases (that would normally trigger a USDA ban),
HHS/CDC could implement restrictions on an emergency basis.
4. CDC staff will post a link to all USDA/APHIS restrictions on its
Web site (https://www.cdc.gov/flu/avian/outbreaks/embargo.htm).
5. CDC and USDA will continue to collaborate on guidelines and
protocols to ensure a timely and coordinated response to an HPAI
outbreak should it occur in the United States. In 2005-2006 the
agencies worked together with other federal agencies on the USDA
Playbook for Avian Influenza, a protocol that defines each agency's
roles and responsibilities in response to H5N1 in the United States.
6. CDC staff will closely monitor human cases of HPAI and human
infections with other novel influenza strains in other countries. If
the review process identifies clearly that risks to human health could
be further mitigated by an importation ban on birds and bird products
coming from a particular country, HHS/CDC will implement additional
importation restrictions for birds and unprocessed bird products. For
example, if human illnesses and/or deaths from infection with a novel
strain of influenza also shown to be
[[Page 40826]]
circulating in birds were reported in a country with no official
confirmation of avian cases (that would normally trigger a USDA ban),
HHS/CDC could implement restrictions on an emergency basis.
Public Comment #2: The second comment was not specific for HPAI,
but addressed general concerns about potentially zoonotic diseases
associated with wild birds. The commenter urged CDC to reconsider
rescinding this order with respect to live birds and to review the
disease risks created by these bird imports to protect people from
dangerous infectious diseases.
CDC Response: The current embargo on birds and bird products from
countries that have had HPAI identified in poultry is very specific and
does not cover all potentially zoonotic diseases from imported wild
birds. Therefore, rescinding the current order would have neither an
adverse nor a positive affect on the zoonotic risks of importing wild
birds.
Public Comment #3: The third comment was in support of CDC's
rescission of its bird embargo.
CDC Response: As stated above, CDC will continue to work closely
with USDA and other human and animal health partners to monitor the
situation with HPAI in both birds and people to protect both animal and
human health in the United States.
In summary, HHS/CDC believes that the actions taken to date by
USDA/APHIS adequately mitigate the human health risks of HPAI
associated with birds and unprocessed bird products imported from the
countries of concern. HHS/CDC plans to mitigate any future human health
risks that are not adequately addressed by USDA/APHIS regulations, thus
ensuring a strong coordinated federal response. Therefore, the HHS/CDC
order of February 4, 2004, and its subsequent amendments are no longer
needed.
Action
Therefore, effective September 14, 2009, HHS/CDC is rescinding its
February 4, 2004, order and all amendments from the following dates:
March 10, 2004; September 28, 2004; December 29, 2005; February 8,
2006; February 22, 2006; February 27, 2006; March 2, 2006; March 15,
2006; March 20, 2006; March 21, 2006; March 29, 2006; April 10, 2006;
April 28, 2006; May 16, 2006; June 2, 2006; and February 28, 2007.
Dated: August 5, 2009.
James Seligman,
Chief Information Officer, Centers for Disease Control and Prevention.
[FR Doc. E9-19453 Filed 8-12-09; 8:45 am]
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