Importation of Live Birds and Poultry, Poultry Meat, and Poultry Products From a Region in the European Union, 19080-19085 [2013-07345]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19080-19085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07345]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 53, 71, 82, 93, 94, 95, and 104

[Docket No. APHIS-2009-0094]
RIN 0579-AD45


Importation of Live Birds and Poultry, Poultry Meat, and Poultry 
Products From a Region in the European Union

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation of 
animals and animal products by recognizing 25 Member States of the 
European Union (EU) as the Animal and Plant Health Inspection Service 
(APHIS)-defined EU poultry trade region and adding it to the list of 
regions we consider to be free of Newcastle disease. We are taking this 
action based on a risk evaluation that we prepared in which we 
determined that the region meets our requirements for being considered 
free of Newcastle disease. We also determined that the region meets our 
requirements for being considered free of highly pathogenic avian 
influenza (HPAI). In addition, we are establishing requirements 
governing the importation of live birds and poultry and poultry meat 
and products from the APHIS-defined EU poultry trade region and 
updating avian disease terms and definitions. We are also allowing 
importation from the APHIS-defined EU poultry trade region of hatching 
eggs under official seal, including those that have transited a 
restricted zone established because of detection of HPAI within the 
boundaries of the APHIS-defined EU poultry trade region. These actions 
will facilitate the importation of live birds and poultry, including 
hatching eggs, and poultry meat and products from the APHIS-defined EU 
poultry trade region while maintaining safeguards to protect the United 
States from the introduction of communicable avian diseases.

DATES: Effective Date: April 15, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Javier Vargas, Case Manager, 
Regionalization and Evaluation, National Center for Import and Export, 
Veterinary Services, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 851-3300.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) regulations 
in title 9 of the Code of Federal Regulations (CFR), parts 93, 94, and 
95, govern the importation into the United States of specified animals 
and animal products and byproducts to prevent the introduction of 
various animal diseases, including Newcastle disease and highly 
pathogenic avian influenza (HPAI). These are dangerous and destructive 
communicable diseases of birds and poultry. The regulations in Sec.  
94.6 restrict the importation of carcasses, parts of products of 
carcasses, and eggs (other than hatching eggs) \1\ of poultry, game 
birds, and other birds, from all regions where Newcastle disease or any 
subtype of HPAI are considered to exist.
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    \1\ Regulations for importing hatching eggs are included in 
Sec. Sec.  93.104, 93.205, and 93.209.
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    On July 19, 2011, we published in the Federal Register (76 FR 
42595-42602, Docket No. APHIS-2009-0094) a proposal \2\ to amend the 
regulations governing the importation of live birds and poultry, and 
poultry meat and products, by recognizing 25 Member States of the 
European Union (EU) as the APHIS-defined EU poultry trade region and 
adding it to the list of regions we consider to be free of Newcastle 
disease. We also determined that the region meets our requirements for 
being considered free of HPAI. In addition, we proposed to establish 
requirements for the importation of live birds and poultry, including 
hatching eggs, and poultry meat and products to the United

[[Page 19081]]

States from the APHIS-defined EU poultry trade region.
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    \2\ To view the proposed rule and the comments we received, go 
to https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0094.
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    We solicited comments concerning our proposal for 60 days ending 
September 19, 2011, and received four comments by that date. They were 
from an organization representing zoo veterinarians, an association 
representing zoos and aquariums, a foreign government, and a private 
citizen. Three of the commenters were in favor of recognizing the 
APHIS-defined EU poultry trade region as a region free of Newcastle 
disease and HPAI and establishing requirements governing the 
importation of live birds and poultry, including hatching eggs, and 
poultry meat and products from that region. One of those commenters 
also offered a recommendation regarding zoo ruminants from Canada that 
we determined to be outside the scope of the proposed rule. One 
commenter generally opposed our proposal but did not offer any specific 
comments on any aspect of the proposed rule. We are not making any 
changes to the proposed provisions based on the comments we received.
    We are, however, making one change in this final rule after 
additional consideration of industry practices and regulations within 
the EU regarding the transport of hatching eggs. In proposed Sec.  
94.28, we included conditions for the importation from the APHIS-
defined EU poultry trade region of live birds and poultry, including 
hatching eggs, to the United States. The proposed conditions included a 
requirement that live birds and poultry, including hatching eggs, 
imported from the APHIS-defined EU poultry trade region must not have 
been in any region in which Newcastle disease or HPAI is considered to 
exist, except for the APHIS-defined EU poultry trade region. We also 
proposed that within the APHIS-defined EU poultry trade region itself, 
live birds and poultry intended for importation to the United States, 
including hatching eggs, must not have been in a restricted zone 
established because of detection of Newcastle disease or HPAI in 
commercial poultry from the time of detection until the designation of 
the zone as a restricted zone is removed by the competent veterinary 
authority of the Member State, or until 3 months following depopulation 
of the poultry on affected premises in the restricted zone and the 
cleaning and disinfection of the last affected premises in the zone, 
whichever is later.
    Since publication of the proposed rule, an official representing 
the European Commission, the executive body of the EU, commented on 
another APHIS rulemaking \3\ that placed restrictions on the 
importation of bird and poultry products from regions where any subtype 
of HPAI is considered to exist. The commenter noted that EU regulations 
\4\ allow transit of live poultry, including day-old chicks and 
hatching eggs, through zones within the EU under restrictions due to 
HPAI on the condition that transport takes place on roads or rail 
without unloading or stopping and that the shipment is kept under 
strictly controlled, biosecured, and air-conditioned circumstances at 
all times while in transit.
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    \3\ To view the interim rule, supporting documents, and the 
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2006-0074.
    \4\ Council Directive 2005/94/EC, 20 December 2005: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:010:0016:0016:EN:PDF.
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    While we maintain that importation should remain prohibited for 
live birds, poultry, and day-old chicks that have been moved through 
zones restricted for HPAI within the APHIS-defined EU poultry trade 
region, we have determined that the risk of exposure of hatching eggs 
to HPAI while transiting such zones is very low when secure means of 
shipping are employed, such as transporting the hatching eggs under the 
official requirements specified in the Council directive.
    Therefore, we have decided to allow the importation of hatching 
eggs from the APHIS-defined EU poultry trade region that have transited 
a restricted zone established because of detection of HPAI within that 
region as long as all control measures in the import permit issued by 
APHIS are followed and the shipment travels under seal issued by the 
veterinary competent authority. The seal number must be listed on the 
health certificate that accompanies the shipment and the veterinarian 
who places the seal is required to sign his or her name under the seal 
number. Seals are not to be broken until the shipment reaches its U.S. 
port of entry. Hatching egg shipments with seals that are not intact 
will be rejected upon inspection at the U.S. port of entry.
    APHIS-issued import permits accompanying hatching eggs from the 
APHIS-defined EU poultry trade region will include specific information 
regarding the route and means of shipment, listing all other countries 
that will be involved before arrival in the United States and all ports 
or other points in the route, as well as the types of transportation 
that will be used for moving the shipment to the United States. Import 
permits issued by APHIS for importation of hatching eggs to the United 
States require certified veterinarians to verify the authenticity of 
seals used in such shipments.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule with the 
change discussed in this document.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after date of publication in the Federal Register. Based on a risk 
evaluation that we prepared, we determined that the APHIS-defined EU 
poultry trade region meets our requirements for being considered free 
of Newcastle disease and that it is therefore no longer necessary to 
impose Newcastle disease and HPAI-related restrictions on the 
importation of live birds and poultry, including hatching eggs, and 
poultry meat and products from that region.
    Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 15 
days after publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see footnote 2 in this document for 
a link to Regulations.gov).
    We expect this rule to have negligible economic effects on U.S. 
entities, large or small, because of the relatively small quantities of 
poultry and poultry products likely to be imported from the APHIS-
defined EU poultry trade region. In addition, the poultry industry in 
the United States is highly concentrated and vertically integrated, 
with extensive use of contractual agreements for production, an 
industry structure that will tend to mitigate any economic effects of 
the rule on small entities. The United States is the world's largest 
producer and second-largest exporter of poultry meat; about 20 percent 
of U.S. poultry production was exported in 2010. Imports from the 
APHIS-defined

[[Page 19082]]

EU poultry trade region will face a highly competitive U.S. market.
    The EU is a large producer of live poultry, poultry meat, and other 
poultry products, but two-thirds of the region's trade in poultry and 
poultry products is between EU Member States; 13 of the 25 Member 
States had a within-region trade in poultry and poultry products of 70 
percent or more. More than half of the Member States are net importers 
of live poultry and poultry products (13 are net importers of live 
poultry, 16 of poultry meat) and 17 of hatching eggs.
    Nine EU Member States are currently recognized by APHIS as free of 
Newcastle disease; however, quantities of poultry or poultry products 
exported to the United States in recent years have been negligible. 
U.S. imports of live poultry and hatching eggs from EU-25 Member States 
have been sporadic and at insignificant levels.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this final rule. The environmental assessment 
provides a basis for the conclusion that the recognition of 25 Member 
States of the EU as the APHIS-defined EU poultry trade region will not 
have a significant impact on the quality of the human environment. 
Based on the finding of no significant impact, the Administrator of the 
Animal and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) 
regulations of the Council on Environmental Quality for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
Implementing Procedures (7 CFR part 372).
    The environmental assessment and finding of no significant impact 
may be viewed on the Regulations.gov Web site.\5\ Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection at USDA, room 1141, South Building, 
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing 
to inspect copies are requested to call ahead on (202) 799-7039 to 
facilitate entry into the reading room. In addition, copies may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
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    \5\ Go to https://www.regulations.gov/#!docketDetail;D=APHIS-
2009-0094. The environmental assessment and finding of no 
significant impact will appear in the resulting list of supporting 
documents.
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Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 53

    Animal diseases, Indemnity payments, Livestock, Poultry and poultry 
products.

9 CFR Part 71

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

9 CFR Part 82

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

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.

9 CFR Part 104

    Animal biologics, Imports, Reporting and recordkeeping 
requirements, Transportation.
    Accordingly, we are amending 9 CFR parts 53, 71, 82, 93, 94, 95, 
and 104 as follows:

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND 
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

0
1. The authority citation for part 53 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
2. Section 53.1 is amended as follows:
0
a. In the definition of disease, by removing the word ``exotic'',
0
b. By removing the definition of Exotic Newcastle Disease (END), and
0
c. By adding, in alphabetical order, a definition of Newcastle disease.
    The addition reads as follows:


Sec.  53.1  Definitions.

* * * * *
    Newcastle disease. Newcastle disease is an acute, rapidly 
spreading, and usually fatal viral infection of poultry caused by an 
avian paramyxovirus serotype 1 that meets one of the following criteria 
for virulence: The virus has an intracerebral pathogenicity index 
(ICPI) in day-old chicks (Gallus gallus) of 0.7 or greater; or multiple 
basic amino acids have been demonstrated in the virus (either directly 
or by deduction) at the C-terminus of the F2 protein and phenylalanine 
at residue 117, which is the N-terminus of the F1 protein. The term 
``multiple basic amino acids'' refers to at least three arginine or 
lysine residues between residues 113 and 116. In this definition, amino 
acid residues are numbered from the N-terminus of the amino acid 
sequence deduced from the nucleotide sequence of the F0 gene; 113-116 
corresponds to residues -4 to -1 from the cleavage site. Failure to 
demonstrate the characteristic pattern of amino acid residues as 
described above may require characterization of the isolated virus by 
an ICPI test. A failure to detect a cleavage site that is consistent 
with virulent strains does not confirm the absence of a virulent virus.
* * * * *


Sec.  53.2  [Amended]

0
3. In Sec.  53.2, paragraph (b) is amended by removing the word 
``exotic''.

[[Page 19083]]

PART 71--GENERAL PROVISIONS

0
4. The authority citation for part 71 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

Sec.  71.3  [Amended]

0
5. In Sec.  71.3, paragraph (b) is amended by removing the words 
``European fowl pest'' and adding the words ``highly pathogenic avian 
influenza'' in their place.

PART 82--NEWCASTLE DISEASE AND CHLAMYDIOSIS

0
6. The authority citation for part 82 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
7. The heading for part 82 is revised to read as set forth above.

Subpart A--Newcastle Disease

0
8. In part 82, the heading for subpart A is revised to read as set 
forth above.

Subpart A [Amended]

0
9. In subpart A, the word ``END'' is removed each time it appears and 
the words ``Newcastle disease'' are added in its place.


0
10. Section 82.1 is amended as follows:
0
a. By removing the definition of END, and
0
b. By adding, in alphabetical order, a definition of Newcastle disease.
    The addition reads as follows:


Sec.  82.1  Definitions.

* * * * *
    Newcastle disease. Newcastle disease is an acute, rapidly 
spreading, and usually fatal viral infection of poultry caused by an 
avian paramyxovirus serotype 1 that meets one of the following criteria 
for virulence: The virus has an intracerebral pathogenicity index 
(ICPI) in day-old chicks (Gallus gallus) of 0.7 or greater; or multiple 
basic amino acids have been demonstrated in the virus (either directly 
or by deduction) at the C-terminus of the F2 protein and phenylalanine 
at residue 117, which is the N-terminus of the F1 protein. The term 
``multiple basic amino acids'' refers to at least three arginine or 
lysine residues between residues 113 and 116. In this definition, amino 
acid residues are numbered from the N-terminus of the amino acid 
sequence deduced from the nucleotide sequence of the F0 gene; 113-116 
corresponds to residues -4 to -1 from the cleavage site. Failure to 
demonstrate the characteristic pattern of amino acid residues as 
described above may require characterization of the isolated virus by 
an ICPI test. A failure to detect a cleavage site that is consistent 
with virulent strains does not confirm the absence of a virulent virus.
* * * * *

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

0
11. The authority citation for part 93 continues to read as follows:

    Authority:  7 U.S.C. 1622 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.  93.101  [Amended]

0
12. Section 93.101 is amended as follows:
0
a. In paragraph (g)(2), by removing the words ``exotic Newcastle 
disease (END)'' and adding the words ``Newcastle disease'' in their 
place, and
0
b. In footnote 7 and paragraphs (g)(3) and (g)(4), by removing the word 
``END'' each time it appears and adding the words ``Newcastle disease'' 
in its place.


Sec.  93.106  [Amended]

0
13. In Sec.  93.106, paragraph (c)(5)(iii), the Cooperative and Trust 
Fund Agreement is amended as follows:
0
a. In paragraph (A)(14), second sentence, and (A)(17), first sentence, 
by removing the word ``exotic'', and
0
b. In paragraphs (B)(4) and (B)(5), by removing the word ``END'' and 
adding the words ``Newcastle disease'' in its place.


Sec.  93.205  [Amended]

0
14. In Sec.  93.205, paragraph (a), the fourth sentence is amended by 
removing the words ``European fowl pest (fowl plague)'' and adding the 
words ``highly pathogenic avian influenza'' in their place.


Sec.  93.209  [Amended]

0
15. In Sec.  93.209, paragraph (b), the first sentence is amended by 
removing the word ``exotic''.

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
16. 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.

0
17. The heading for part 94 is revised to read as set forth above.
0
18. Section 94.0 is amended as follows:
0
a. By removing the definition of Exotic Newcastle Disease (END), and
0
b. By adding, in alphabetical order, definitions of APHIS-defined EU 
Poultry Trade Region, highly pathogenic avian influenza (HPAI), and 
Newcastle disease.
    The additions read as follows:


Sec.  94.0  Definitions.

* * * * *
    APHIS-defined EU Poultry Trade Region. The European Union Member 
States of Austria, Belgium, Cyprus, the Czech Republic, Denmark, 
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, 
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, 
Portugal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom 
(England, Scotland, Wales, the Isle of Man, and Northern Ireland).
* * * * *
    Highly pathogenic avian influenza (HPAI). Highly pathogenic avian 
influenza is defined as follows:
    (1) Any influenza virus that kills at least 75 percent of eight 4- 
to 6-week-old susceptible chickens within 10 days following intravenous 
inoculation with 0.2 mL of a 1:10 dilution of a bacteria-free, 
infectious allantoic fluid;
    (2) Any H5 or H7 virus that does not meet the criteria in paragraph 
(1) of this definition, but has an amino acid sequence at the 
haemagglutinin cleavage site that is compatible with highly pathogenic 
avian influenza viruses; or
    (3) Any influenza virus that is not an H5 or H7 subtype and that 
kills one to five out of eight inoculated chickens and grows in cell 
culture in the absence of trypsin.
* * * * *
    Newcastle disease. Newcastle disease is an acute, rapidly 
spreading, and usually fatal viral infection of poultry

[[Page 19084]]

caused by an avian paramyxovirus serotype 1 that meets one of the 
following criteria for virulence: The virus has an intracerebral 
pathogenicity index (ICPI) in day-old chicks (Gallus gallus) of 0.7 or 
greater; or multiple basic amino acids have been demonstrated in the 
virus (either directly or by deduction) at the C-terminus of the F2 
protein and phenylalanine at residue 117, which is the N-terminus of 
the F1 protein. The term ``multiple basic amino acids'' refers to at 
least three arginine or lysine residues between residues 113 and 116. 
In this definition, amino acid residues are numbered from the N-
terminus of the amino acid sequence deduced from the nucleotide 
sequence of the F0 gene; 113-116 corresponds to residues -4 to -1 from 
the cleavage site. Failure to demonstrate the characteristic pattern of 
amino acid residues as described above may require characterization of 
the isolated virus by an ICPI test. A failure to detect a cleavage site 
that is consistent with virulent strains does not confirm the absence 
of a virulent virus.
* * * * *

0
19. Section 94.6 is amended as follows:
0
a. By revising the section heading,
0
b. In paragraph (a) introductory text, by removing the words ``exotic 
Newcastle disease (END)'' and adding the words ``Newcastle disease'' in 
their place,
0
c. By revising paragraph (a)(1)(i), and
0
d. In paragraphs (a), (b), and (c), by removing the word ``END'' each 
time it appears and adding the words ``Newcastle disease'' in their 
place.
    The revisions read as follows:


Sec.  94.6  Carcasses, meat, parts or products of carcasses, and eggs 
(other than hatching eggs) of poultry, game birds, or other birds; 
importations from regions where Newcastle disease or highly pathogenic 
avian influenza is considered to exist.

    (a) * * *
    (1) * * *
    (i) Newcastle disease is considered to exist in all the regions of 
the world except the following: The APHIS-defined EU Poultry Trade 
Region, Argentina, Australia, Canada, Chile, Costa Rica, Fiji, Iceland, 
Mexico (States of Campeche, Quintana Roo, and Yucatan), New Zealand, 
and Switzerland. APHIS has evaluated these regions for the presence of 
Newcastle disease. Regions not listed may have Newcastle disease, or 
may not have been evaluated for Newcastle disease status.
* * * * *


Sec.  94.23  [Amended]

0
20. In Sec.  94.23, paragraph (c) and paragraph (e) introductory text 
are amended by removing the word ``exotic''.


Sec.  94.26  [Amended]

0
21. Section 94.26 is amended as follows:
0
a. In the introductory text of the section, first sentence, by removing 
the words ``exotic Newcastle disease (END)'' and adding the words 
``Newcastle disease'' in their place, and
0
b. In the introductory text of the section and in paragraphs (b) and 
(c), by removing the word ``END'' each time it appears and adding the 
words ``Newcastle disease'' in its place.
0
22. A new Sec.  94.28 is added to read as follows:


Sec.  94.28  Restrictions on the importation of poultry meat and 
products, and live birds and poultry, from the APHIS-defined EU Poultry 
Trade Region.

    (a) Poultry meat and products. In addition to meeting all other 
applicable provisions of this part, poultry meat and poultry products, 
including eggs and egg products (other than hatching eggs) imported 
from the APHIS-defined EU Poultry Trade Region must meet the following 
conditions:
    (1) The poultry meat and products must not have been derived from 
birds and poultry that were in any of the following regions or zones, 
unless the birds and poultry were slaughtered after the periods 
described:
    (i) Any region when the region was classified in Sec.  
94.6(a)(1)(i) as one in which Newcastle disease is considered to exist, 
or any region when the region was listed in accordance with Sec.  
94.6(a)(2)(i) as one in which HPAI is considered to exist, except for 
the APHIS-defined EU Poultry Trade Region;
    (ii) A restricted zone in the APHIS-defined EU Poultry Trade Region 
established because of detection of Newcastle disease or HPAI in 
commercial poultry, from the time of detection until the designation of 
the zone as a restricted zone is removed by the competent veterinary 
authority of the Member State or until 3 months (90 days) following 
depopulation of the poultry on affected premises in the restricted zone 
and the cleaning and disinfection of the last affected premises in the 
zone, whichever is later; or
    (iii) A restricted zone in the APHIS-defined EU Poultry Trade 
Region established because of detection of Newcastle disease or HPAI in 
racing pigeons, backyard flocks, or wild birds, from the time of 
detection until the designation of the zone as a restricted zone is 
removed by the competent veterinary authority of the Member State.
    (2) The poultry meat and products must not have been commingled 
with poultry meat and products derived from other birds and poultry 
that were in any of the regions or zones described in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section. Additionally, the 
poultry meat and products must not have been derived from poultry that 
were commingled with other poultry that were in any of the regions or 
zones described in paragraphs (a)(1)(i) through (a)(1)(iii) of this 
section.
    (3) The live birds and poultry from which the poultry meat and 
products were derived must only originate from within the APHIS-defined 
EU Poultry Trade Region and the farms of origin must not have received 
live birds or poultry imported from outside the APHIS-defined EU 
Poultry Trade Region.
    (4) No equipment or materials used in transporting the birds or 
poultry from which the poultry meat and products were derived from the 
farm of origin to the slaughtering establishment may have been used 
previously for transporting live birds or poultry that do not meet the 
requirements of Sec.  94.28(b), unless the equipment and materials have 
first been cleaned and disinfected.
    (5) The poultry meat and products, including eggs and egg products 
(other than hatching eggs) must be accompanied by a certificate issued 
by an official of the competent veterinary authority of the APHIS-
defined EU Poultry Trade Region Member State who is authorized to issue 
the inspection certificate required by Sec.  93.205 of this subchapter, 
stating that the applicable provisions of paragraphs (a)(1) through 
(a)(4) of this section have been met. The certification for poultry 
meat and products may be placed on the foreign meat inspection 
certificate required by Sec.  381.196 of this title or may be contained 
in a separate document.
    (b) Live birds and poultry. In addition to meeting all other 
applicable provisions of this title, live birds and poultry, except 
hatching eggs, imported from the APHIS-defined EU Poultry Trade Region 
must meet the following conditions:
    (1) The birds and poultry must not have been in any of the 
following regions or zones, unless the birds and poultry are exported 
to the United States after the periods described.
    (i) Any region when the region was classified in Sec.  
94.6(a)(1)(i) as one in which Newcastle disease is considered to exist, 
or any region when the region

[[Page 19085]]

was listed in accordance with Sec.  94.6(a)(2)(i) as one in which HPAI 
is considered to exist, except for the APHIS-defined EU Poultry Trade 
Region;
    (ii) A restricted zone in the APHIS-defined EU Poultry Trade Region 
established because of detection of Newcastle disease or HPAI in 
commercial poultry, from the time of detection until the designation of 
the zone as a restricted zone is removed by the competent veterinary 
authority of the Member State or until 3 months (90 days) following 
depopulation of the poultry on affected premises in the restricted zone 
and the cleaning and disinfection of the last affected premises in the 
zone, whichever is later; or
    (iii) A restricted zone in the APHIS-defined EU Poultry Trade 
Region established because of detection of Newcastle disease or HPAI in 
racing pigeons, backyard flocks, and wild birds, from the time of 
detection until the designation of the zone as a restricted zone is 
removed by the competent veterinary authority of the Member State.
    (2) The birds and poultry must not have been commingled with other 
birds or poultry that have at any time been in any of the regions or 
zones described in paragraphs (b)(1)(i) through (b)(1)(iii) of this 
section.
    (3) The birds and poultry must only originate from within the 
APHIS-defined EU Poultry Trade Region and the farms of origin must not 
have received birds or poultry imported from outside the APHIS-defined 
EU Poultry Trade Region.
    (4) No equipment or materials used in transporting the birds and 
poultry may have been used previously for transporting birds or poultry 
that do not meet the requirements of this paragraph, unless the 
equipment and materials have first been cleaned and disinfected.
    (5) The birds and poultry must be accompanied by a certificate 
issued by an official of the competent veterinary authority of the 
Member State who is authorized to issue the inspection certificate 
required by Sec.  93.205 of this subchapter, stating that the 
applicable provisions of paragraphs (b)(1) through (b)(4) of this 
section have been met. The certification may be placed on the foreign 
meat inspection certificate required by Sec.  381.196 of this title or 
may be contained in a separate document.
    (c) Hatching eggs. Hatching eggs intended for import from the 
APHIS-defined EU Poultry Trade Region are subject to all applicable 
provisions of paragraph (b) of this section, except that such hatching 
eggs may be moved through zones established because of detection of 
HPAI within the APHIS-defined EU Poultry Trade Region provided that the 
hatching eggs are transported under official seal and accompanied by a 
certificate as indicated in Sec.  94.28(b)(5) stating that the 
applicable provisions of paragraph (b) have been met. The import permit 
will require the seal number to be listed on the health certificate 
that accompanies the shipment and the veterinarian who places the seal 
will be required to sign his or her name under the seal number. Seals 
must not be broken until the shipment reaches its U.S. port of entry. 
Hatching egg shipment with seals that are not intact will be rejected 
upon inspection at the U.S. port of entry.
    (d) Presentation of certificates. The certificates required by 
paragraphs (a)(5), (b)(5), and (c) of this section must be presented by 
the importer to an authorized inspector at the port of arrival, upon 
arrival of the birds, poultry, hatching eggs, or poultry meat and 
products at the port.

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

0
23. The authority citation for part 95 continues to read as follows:

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


Sec.  95.5  [Amended]

0
24. In Sec.  95.5, paragraph (c) is amended by removing the words 
``exotic'' and ``subtype H5N1''.


Sec.  95.6  [Amended]

0
25. In Sec.  95.6, paragraph (c) is amended by removing the word 
``exotic''.

PART 104--PERMITS FOR BIOLOGICAL PRODUCTS

0
26. The authority citation for part 104 continues to read as follows:

    Authority:  21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.


Sec.  104.2  [Amended]

0
27. In Sec.  104.2, paragraph (b) is amended by removing the words 
``fowl pest (fowl plague)'' and adding the words ``highly pathogenic 
avian influenza'' in their place.

    Done in Washington, DC, this 26th day of March 2013.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-07345 Filed 3-28-13; 8:45 am]
BILLING CODE 3410-34-P