WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/2136 
2 February 2011  
 (11-0518) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION OF EMERGENCY MEASURES 
 
1. Notifying Member:  UNITED STATES
 
If applicable, name of local government involved:     
2. Agency responsible:  Animal and Plant Health Inspection Service (APHIS) of the US 
Department of Agriculture 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Live birds and poultry, and bird and poultry products and by-products and 
processed carcasses, and parts or products of  carcasses as specified  in interim rule 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:    
5. Title of the notified document:  Interim Rule and Request for Comments:  Highly 
Pathogenic Avian Influenza (Docket No. APHIS-2006-0074)  Language(s):  English  
Number of pages:  11 
6. Description of content:  The Animal and Plant Health Inspection Service (APHIS) is 
amending the regulations concerning the impor tation of animals and animal products to 
prohibit or restrict the importation of bird  and poultry products from regions where any 
subtype of highly pathogenic avian influenza is considered to exist.  We are also adding 
restrictions concerning importation of live poul try and birds that have been vaccinated for 
certain types of avian influenza, or that have moved through regions where any subtype of highly pathogenic avian influenza is considered to exist.  These restrictions supplement or 
replace existing restrictions on the importation of live birds and poultry, and bird and 
poultry products and by-products from regions where exotic Newcastle disease or highly 
pathogenic avian influenza subtype H5N1 are c onsidered to exist.  They are necessary to 
prevent the introduction of highly pathogenic avian influenza into the United States. 
This interim rule is effective 24 January 201 1.  We will consider all comments that we 
receive on or before 25 March 2011. 
7. Objective and rationale:  [ ] food safety, [X] animal health, [ ] plant protection, 
[ ] protect humans from animal/plant pest or  disease, [X] protect territory from other 
damage from pests.    G/SPS/N/USA/2136 
Page 2  
 
  8. Nature of the urgent problem(s) and reason for urgent action:  This action is necessary 
to ensure continuing protection against the in troduction of HPAI into the United States.  All 
subtypes of HPAI are threats to US poultry industries, and current regulations do not 
directly address all subtypes of HPAI, relyi ng instead on the overlapped protection afforded 
by END restrictions.  However, continuing ra pid changes in world trade patterns make it 
likely that eventually poultry products may be imported from a region with HPAI but 
without END.  Under these circumstances, US DA APHIS has determined that prior notice 
and opportunity for public comment are contrary to the public interest and that there is good cause for making this action effective less  than 30 days after publication in the 
Federal Register. 
9. Is there a relevant international standard ?  If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g. title or serial number of Codex standard 
or related text)   
[X] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)   
[ ] International Plant Protection Convention (e.g. ISPM number)   
[ ] None 
Does this proposed regulation conform to  the relevant international standard? 
 [X] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
10. Other relevant documents and language(s) in which these are available:   F e d e r a l  
Register: 24 January 2011 (Volume 76, Numb er 15), Notices Pages 4046-4056.  Available 
online in English at:  http://www.gpo.gov/fdsys/pkg/FR-2011-01-24/html/2011-1289.htm    
11. Date of entry into force ( dd/mm/yy )/period of application (as applicable):  
24 January 2011 
[ ] Trade facilitating measure   
12. Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [ ] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:   
We will consider all comments that we recei ve on or before 25 March 2011.  You may 
submit comments by either of the following methods:  
• Federal eRulemaking Portal:  Go to http://www.regulations.gov/  and search on the 
docket number (APHIS 2006-0074) to s ubmit or view comments and to view 
supporting and related materials available electronically. 
• Postal Mail/Commercial Delivery: Please send one copy of your comment to 
Docket No. APHIS-2006-0074, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0074. 
For further information contact: Dr. Julia P underson, Senior Staff Veterinarian, National 
Center for Import and Export, Animal Health Policy and Programs , VS, APHIS, 4700 
River Road, Unit 38, Riverdale, MD 20737; +1 (301) 734-4356.  G/SPS/N/USA/2136 
 Page 3 
 
 
  13. Texts available from:  [X] National Notification Authority, [ ] National Enquiry Point.  
Address, fax number and e-mail address (if available) of other body:  United States 
SPS National Notification Authority, USDA Fore ign Agricultural Service, International 
Regulations and Standards Division (IRSD), Stop 1027, Washington D.C. 20250;  Tel:  +(1 202) 720 1301;  Fax:  +(1 202) 720 0433;  E-mail:  us.s psenquirypoint@fas.usda.gov