Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42595 

1For reasons explained later in this document, 

we propose to replace in the regulations the term 

Continued 

Section 4279.72(b) discusses rights 

and liabilities when a guaranteed 

portion of a loan is sold to a holder. It 

states, in part, that the lender will be 

liable for payments made by USDA to 

any holder in the event of ‘‘material 

fraud, negligence or misrepresentation 

by the lender or the lender’s 

participation in or condoning of such 

material fraud, negligence or 

misrepresentation.’’ Section 4279.72(b) 

does not, however, refer to the other 

conditions listed in § 4279.72(a). 

The Agency believes the lender’s 

responsibility to reimburse the Agency 

for the improper activity should not be 

dependent upon whether the lender or 

holder owns the loan guarantee. 

However, the Agency is concerned that 

this policy is not sufficiently clear in 

this regulation. Therefore, the Agency is 

clarifying its position on this matter. 

The regulatory change is not retroactive 

nor does it affect the rights of current 

holders. However, the Agency 

recognizes that the issue should be 

clarified in the regulation. Accordingly, 

the Agency is proposing to make these 

changes in this proposed rule. 

II. Discussion of Change 

Section 4279.72(a) addresses the 

lender’s coverage under the loan note 

guarantee. It also identifies those 

instances when the conduct of a holder 

may jeopardize their interest in the loan 

note guarantee. Section 4279.72(b) 

addresses the holder’s coverage under 

the loan note guarantee. The change 

being made by this rule clarifies that 

having a holder purchase part of the 

loan note guarantee does not increase 

the coverage provided to the lender 

under the loan note guarantee. 

Therefore, the Agency will require the 

lender to reimburse it for any amount it 

pays to a holder that would not have 

been paid to a lender under 

§ 4279.72(a). 

The Agency is proposing to revise 

§ 4279.72(b) to address the situation 

discussed in the ‘‘Background’’ section 

and similar situations. 

List of Subjects in 7 CFR Part 4279 

Loan programs—Business and 

industry—Rural development 

assistance, Rural areas. 

For the reasons set forth in the 

preamble, chapter XLII, title 7 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

Chapter XLII—Rural Business-Cooperative 

Service and Rural Utilities Service, 

Department of Agriculture 

PART 4279—GUARANTEED 

LOANMAKING 

1. The authority citation for part 4279 

is revised to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1932(a); 

and 7 U.S.C. 1989. 

Subpart A—General 

2. Amend § 4279.72 by revising the 

last sentence of paragraph (b) to read as 

follows: 

§ 4279.72 Conditions of guarantee. 

* * * * * 

(b) * * * The lender will reimburse 

the Agency for any payments the 

Agency makes to a holder of lender’s 

guaranteed loan that, under the Loan 

Note Guarantee, would not have been 

paid to the lender had the lender 

retained the entire interest in the 

guaranteed loan and not conveyed an 

interest to a holder. 

* * * * * 

Dated: July 12, 2011. 

Dallas Tonsager, 

Under Secretary Rural Development. 

[FR Doc. 2011–18007 Filed 7–18–11; 8:45 am] 

BILLING CODE 3410–XY–P 

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: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of animals and animal 

products by recognizing 25 Member 

States of the European Union as the 

APHIS-defined European Union 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 proposed 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. In 

addition, we are proposing to establish 

requirements governing the importation 

of live birds and poultry, including 

hatching eggs, and poultry meat and 

products from the APHIS-defined 

European Union poultry trade region, 

and to update avian disease terms and 

definitions. These actions would 

facilitate the importation of live birds 

and poultry, and poultry meat and 

products, from the APHIS-defined 

European Union poultry trade region 

while protecting the United States from 

communicable avian diseases. 

DATES: We will consider all comments 

that we receive on or before September 

19, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2009-0094- 

0001). 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2009–0094, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at (http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2009-0094) or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Case Manager, National 

Center for Import and Export, Veterinary 

Services, APHIS, 4700 River Road Unit 

38, Riverdale, MD 20737–1231; (301) 

734–4356. 

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 exotic Newcastle disease 1


srobinson on DSK4SPTVN1PROD with PROPOSALS
42596 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 

‘‘exotic Newcastle disease’’ with ‘‘Newcastle 

disease’’ and revise its definition; we use the latter 

term in this document when referring to the 

disease. 

2Terrestrial Animal Health Code, Chapter 10, 

Article 10.4.1: (http://www.oie.int/eng/normes/ 

mcode/en_chapitre_1.10.4.htm). 

3Regulations for importing hatching eggs are 

included in §§ 93.104, 93.205, and 93.209. 

4 (http://www.aphis.usda.gov/import_export/ 

animals/animal_import/ 

animal_imports_hpai.shtml.) 

5The European Commission (EC) is the 

governmental body responsible for representing the 

European Union as a whole. It proposes legislation, 

policies and programs of action, and implements 

decisions of the EU Parliament and Council. 6The Member States constituting the EU–25 are: 

Austria, Belgium, Cyprus, 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. 

7 Denmark, Finland, France, Great Britain, Greece, 

Luxembourg, Republic of Ireland, Spain, and 

Sweden. These countries also meet our 

requirements for HPAI freedom. 

8 ‘‘APHIS Risk Evaluation on the Importation of 

Highly Pathogenic Avian Influenza (HPAI) and 

Virulent Newcastle Disease (END) Virus from a 

European Union Region of Twenty-five Member 

States,’’ June 2009. 

9Administrative Units are distinct governmental 

jurisdictions such as counties and provinces. See 

Appendix D of the risk evaluation document for a 

list of Administrative Units for each Member State. 

and highly pathogenic avian influenza 

(HPAI). 

Newcastle disease, a contagious 

disease of birds and poultry caused by 

a paramyxovirus, is one of the most 

infectious diseases of poultry in the 

world. Death rates of nearly 100 percent 

can occur in unvaccinated poultry 

flocks. Newcastle disease can also infect 

and cause death even in vaccinated 

birds and poultry. 

Several strains of avian influenza (AI) 

virus throughout the world can cause 

varying degrees of illness in many 

species of birds, including chickens, 

turkeys, pheasants, quail, ducks, geese, 

and guinea fowl. AI viruses are 

characterized as low pathogenicity (LP) 

or high pathogenicity (HP) by their 

ability to produce disease or by their 

molecular characteristics. The ability of 

the virus to cause clinical signs may 

depend on the species of bird infected 

and may change over time, becoming 

more or less pathogenic. HPAI is an 

extremely infectious and potentially 

fatal form of AI in birds that, once 

established, can spread rapidly from 

flock to flock. The H5 and H7 subtypes 

of LPAI have the potential to mutate 

into HPAI. For this reason, LPAI 

subtypes H5 and H7 are considered 

along with any subtype of HPAI as 

notifiable forms of AI by the World 

Organisation for Animal Health (OIE).2

Existing regulations in § 94.6 restrict 

the importation of carcasses, parts of 

products of carcasses, and eggs (other 

than hatching eggs) 3 of poultry, game 

birds, and other birds, from all regions 

where Newcastle disease or any subtype 

of HPAI are considered to exist. 

Paragraph (a)(1) of § 94.6 states that 

Newcastle disease is considered to exist 

in all regions of the world except for the 

regions listed. Paragraph (a)(2) refers 

readers to an APHIS Web site 4 listing 

regions in the world in which any 

subtype of HPAI is considered to exist. 

Paragraph (b) sets forth processing, 

handling, and shipping requirements for 

importations of poultry carcasses, and 

parts or products of carcasses, including 

meat, from regions where Newcastle 

disease or HPAI is considered to exist. 

Paragraph (c) of § 94.6 sets forth 

requirements for importing eggs (other 

than hatching eggs) from poultry, game 

birds, or other birds if the birds or 

poultry are raised in any region where 

Newcastle disease is considered to exist, 

if the eggs are imported from any region 

where Newcastle disease is considered 

to exist, or if the eggs are moved into or 

through any region where Newcastle 

disease is considered to exist at any 

time before importation or during 

shipment to the United States. 

Under our regulations in 9 CFR part 

92, the representative of the national 

government(s) of any country or 

countries with the authority to do so 

may request that all or part of the 

country or countries be recognized as a 

region for animal health status 

purposes. In order to consider a region 

for recognition, APHIS requires that the 

applicant provide information about the 

proposed region regarding animal 

disease status, diagnostic capabilities, 

control measures, and related subjects 

listed in § 92.2 of the regulations. APHIS 

uses this information to help determine 

whether importation of specific articles 

can be safely allowed, and if so, 

publishes a proposal stating conditions 

under which imports are permitted. 

The region-based model draws on the 

concept that restrictions on the 

movement of animals and animal 

products for the purpose of disease 

control are most effective when applied 

to geographically homogenous areas 

with respect to disease distribution and 

livestock health infrastructures. 

Evaluating a region spanning two or 

more countries, or parts of countries, 

considers the risks inherent in the free 

trade of animals and animal products 

across national borders. 

In 2006, the European Commission 5

(EC) requested recognition of the animal 

health status of a region with respect to 

Newcastle disease and HPAI. The region 

consists of the 25 European Union (EU) 

Member States (EU–25) that comprised 

the EU in 2005.6 The regulations 

currently list nine Member States of the 

EU–25 as regions in which Newcastle 

disease is not known to exist.7 APHIS 

conducted a risk evaluation of the EU– 

25 as a single region that would be 

under the harmonized regulation and 

oversight of the EC, and to which we 

would apply a single set of requirements 

for the importation of live birds and 

poultry, and poultry meat and products, 

from the region into the United States.8

As part of the risk evaluation, we 

conducted a site visit to representative 

EU–25 Member States. We also 

evaluated animal health status 

information submitted by the EC and 

consulted information from previous 

APHIS evaluations. 

We have determined that the EU–25 

is free of Newcastle disease and HPAI 

under our requirements and that the EC 

has demonstrated the ability to rapidly 

detect and contain outbreaks of these 

diseases, effectively limiting the need 

for movement restrictions to distinct 

Administrative Units within the region.9

We also determined that the risk of 

avian disease is evenly distributed 

across the EU–25 because of the free 

trade in live birds and poultry, and 

poultry meat and products, across 

national borders within the region, and 

because the EC uniformly applies and 

enforces its animal disease regulations 

in all EU Member States. 

Our findings are described in detail in 

the risk evaluation, which may be 

obtained by contacting the person listed 

under FOR FURTHER INFORMATION

CONTACT. It may also be viewed on the 

Regulations.gov Web site or in our 

reading room (see ADDRESSES above for 

a link to Regulations.gov and 

information on the location and hours of 

the reading room). 

Proposed Changes to the Regulations 

We are proposing to amend the 

regulations by recognizing the Member 

States of the EU–25 as the APHISdefined European Union poultry trade 

region (APHIS-defined EU–PTR). We are 

also proposing to add this new region to 

the list in § 94.6(a)(1)(i) of regions we 

consider to be free of Newcastle disease 

and to recognize the region as free of 

HPAI in accordance with § 94.6(a)(2)(i). 

Our proposed recognition of the APHISdefined EU–PTR as free of these 

diseases is modeled after an EU region 

that we currently recognize as being 

low-risk for classical swine fever (CSF). 

In response to a 1997 request from the 

EC, APHIS conducted a risk analysis of 

a proposed region for CSF, and in a final 

rule published in the Federal Register 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42597 

10The EU Member States constituting the CSFfree region in this rule included, with the exception 

of specified regions within Germany and Italy, the 

countries of Austria, Belgium, Germany, Greece, 

Italy, the Netherlands, and Portugal. A current list 

of Member States included in the EU–CSF region 

is located online at: (http://www.aphis.usda.gov/ 

import_export/animals/animal_import/ 

animal_imports_csf.shtml). 

11EC regulations also require the establishment of 

control measures following the detection of LPAI 

based on the risk that some low pathogenic viruses 

may mutate into HPAI. Depending on an 

assessment of the risks posed by a particular LPAI 

outbreak, the control measures imposed by the EC 

may be less restrictive than those applied following 

the detection of HPAI. 

12APHIS is studying issues concerning the 

importation of table eggs from regions where HPAI 

is considered to exist. More information on this 

issue can be found in an interim rule published and 

effective on January 24, 2011 (76 FR 4046–4056, 

Docket No. APHIS–2006–0074). 

and effective on April 7, 2003 (68 FR 

16922–16941, Docket No. 98–090–5), we 

amended the regulations in § 94.24 to 

recognize an EU region in which CSF is 

not known to exist and from which 

swine and pork products may be 

imported into the United States under 

certain conditions.10

The April 2003 final rule also 

established a requirement, set forth in 

§ 92.3, that whenever the EC establishes 

a quarantine for a disease in the EU in 

a region that APHIS recognizes as one 

in which the disease is not known to 

exist, and the EC imposes restrictions on 

the movement of animals or animal 

products from that quarantined area, 

such animals and animal products are 

prohibited importation into the United 

States. This prohibition applies to the 

APHIS-defined EU–CSF region when 

the EC imposes quarantine and 

movement restrictions for swine and 

pork products due to outbreaks of CSF. 

Because we acknowledge that limited 

outbreaks of Newcastle disease and 

HPAI will likely occur sporadically in 

EU–25 Member States, the prohibitions 

in § 92.3 would also apply to the 

APHIS-defined EU–PTR when the EC 

imposes quarantine and movement 

restrictions for poultry and poultry 

products due to outbreaks of Newcastle 

disease or HPAI.11

We also propose to establish a new 

section, § 94.28, that sets forth import 

restrictions on live birds and poultry, 

and poultry meat and products, from the 

APHIS-defined EU–PTR. These 

restrictions would reduce the risk of 

introducing Newcastle disease or HPAI 

into the United States while 

acknowledging the EC’s ability to 

successfully manage outbreaks of those 

diseases. 

Import Restrictions for Poultry Meat 

and Products 

Paragraph (a)(1)(i) of proposed § 94.28 

would require that poultry meat and 

products, including eggs and egg 

products (other than hatching eggs) 

derived from birds and poultry 

imported from the APHIS-defined EU– 

PTR must not have been derived from 

birds or poultry that were in any region 

when the region was classified in 

§ 94.6(a)(1)(i) as one in which Newcastle 

disease is considered to exist, or any 

region when it was listed in accordance 

with § 94.6(a)(2)(i) as one in which 

HPAI is considered to exist, except for 

the APHIS-defined EU–PTR.12 Under 

this exception, poultry meat and 

products could continue to be imported 

from unaffected parts of the APHISdefined EU–PTR if a restricted zone for 

commercial poultry is established 

elsewhere in the region because of the 

detection of Newcastle disease or HPAI. 

Paragraph (a)(1)(ii) of proposed 

§ 94.28 would require that poultry meat 

and products must not have been 

derived from birds or poultry that were 

in any restricted zone within the 

APHIS-defined EU–PTR established 

because of detection of Newcastle 

disease or HPAI in commercial poultry. 

While EC regulations permit lifting a 

restricted zone as early as 21 days after 

disease control measures have been 

completed, APHIS would continue to 

observe the 90-day restriction periods 

established in § 93.104 for live birds and 

§ 93.205 for poultry and eggs for 

hatching. The prohibition on imports of 

poultry meat and products from 

restricted zones imposed by the EC 

would continue 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. 

Paragraph (a)(1)(iii) of proposed 

§ 94.28 would prohibit imports of 

poultry meat and products derived from 

birds and poultry that were in a 

restricted zone established within the 

APHIS-defined EU–PTR 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. We acknowledge that in 

such instances a Member State may 

choose to lift zone restrictions sooner 

than the minimum 90 days that APHIS 

requires for zones established because of 

detection of Newcastle disease or HPAI 

in commercial poultry. However, we 

have determined that (1) the Member 

States of the EU–25 exercise sufficient 

biosecurity practices such that isolated 

outbreaks in racing pigeons, backyard 

flocks, or wild birds are less likely to 

infect commercial poultry, and (2) 

importing commercial poultry meat and 

poultry products pose more of a 

potential disease threat to the U.S. 

poultry industry than do racing pigeons, 

backyard flocks, and wild birds. 

Whenever the EC establishes a restricted 

zone for racing pigeons, backyard flocks, 

or wild birds and subsequently lifts it, 

we would first confirm that the 

infection had not been introduced into 

commercial poultry in the restricted 

zone before we lift our import 

restrictions. 

Paragraph (a)(2) of proposed § 94.28 

would require that poultry meat and 

products imported from the APHISdefined EU–PTR 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 proposed 

§ 94.28(a)(1)(i) through (a)(1)(iii). 

Additionally, we would provide that the 

poultry meat and products must not 

have been derived from birds and 

poultry that were commingled with 

other birds and poultry that were in any 

of the regions or zones described in 

proposed § 94.28(a)(1)(i) through 

(a)(1)(iii). 

Paragraph (a)(3) of § 94.28 would 

require live birds and poultry from 

which poultry meat and products are 

derived to originate within the APHISdefined EU–PTR. The farms from which 

they come would not be permitted to 

have received birds or poultry from 

outside the region. 

Paragraph (a)(4) of proposed § 94.28 

would require any equipment used in 

transporting birds and poultry from 

which poultry meat and products are 

derived not to have been used to 

transport live birds and poultry that do 

not meet the requirements we are 

proposing in § 94.28(b), unless the 

equipment and materials have first been 

cleaned and disinfected. 

Paragraph (a)(5) of proposed § 94.28 

would require poultry meat and 

products imported from the APHISdefined EU–PTR to be accompanied by 

an inspection certificate issued by the 

competent veterinary authority of the 

Member State. The certificate would 

have to state that all applicable 

provisions of § 94.28(a)(1) through (a)(4) 

have been met. 

Import Restrictions for Live Birds and 

Poultry, Including Hatching Eggs 

Paragraph (b)(1)(i) of proposed § 94.28 

would require that live birds and 


srobinson on DSK4SPTVN1PROD with PROPOSALS
42598 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 

13Terrestrial Animal Health Code, Article 

10.13.1: (http://www.oie.int/eng/normes/mcode/ 

en_chapitre_1.10.13.htm). 

14Terrestrial Animal Health Code, Article 10.4.1: 

(http://www.oie.int/eng/normes/mcode/ 

en_chapitre_1.10.4.htm). 

poultry (including hatching eggs) 

imported from the APHIS-defined EU– 

PTR must not have been in any region 

when that region was classified in 

§ 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 § 94.6(a)(2)(i) as one in 

which HPAI is considered to exist, 

except for the APHIS-defined EU–PTR. 

Under this exception, live birds and 

poultry could continue to be imported 

from unaffected parts of the APHISdefined EU–PTR if a restricted zone for 

commercial poultry is established 

elsewhere in the region because of the 

detection of Newcastle disease or HPAI. 

Paragraph (b)(1)(ii) of proposed 

§ 94.28 would require that live birds and 

poultry imported from the APHISdefined EU–PTR must not have been in 

a restricted zone in the APHIS-defined 

EU–PTR established because of the 

detection of Newcastle disease or HPAI 

in commercial poultry. The prohibition 

on imports of live birds and poultry 

from a restricted zone would continue 

from the time of detection until the 

restricted zone designation is removed 

by the competent veterinary authority of 

the Member State, or until 3 months (90 

days) following depopulation of the 

birds and poultry on affected premises 

in the restricted zone and the cleaning 

and disinfection of the last affected 

premises in the zone, whichever is later. 

Paragraph (b)(1)(iii) of proposed 

§ 94.28 would prohibit imports of live 

birds and poultry from a restricted zone 

in the APHIS-defined EU–PTR 

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. 

Paragraph (b)(2) of proposed § 94.28 

would require that live birds and 

poultry offered for import not have been 

commingled with other birds and 

poultry that have at any time been in 

any of the regions or zones described in 

proposed § 94.28(b)(1)(i) through 

(b)(1)(iii). 

Paragraph (b)(3) of proposed § 94.28 

would require live birds and poultry 

offered for import to originate within 

the APHIS-defined EU–PTR. Their 

farms of origin would not be permitted 

to have received birds and poultry 

imported from outside the APHISdefined EU–PTR. 

Paragraph (b)(4) of § 94.28 would 

require that no equipment and materials 

used in transporting live birds and 

poultry have been used previously for 

transporting birds and poultry that do 

not meet the other requirements we are 

proposing in § 94.28(b), unless the 

equipment and materials have first been 

cleaned and disinfected. 

Paragraph (b)(5) of proposed § 94.28 

would require that live birds and 

poultry imported from the APHISdefined EU–PTR be accompanied by an 

inspection certificate issued by the 

competent veterinary authority of the 

Member State. The certificate would 

state that all applicable provisions of 

proposed § 94.28(b)(1) through (b)(4) 

have been met. 

Paragraph (c) of § 94.28 would require 

that the certificates required in 

§ 94.28(a)(5) and (b)(5) be presented by 

the importer to an authorized inspector 

at the port of arrival, upon arrival of the 

live birds, poultry, hatching eggs, or 

bird and poultry meat and products. 

Because we are proposing to 

recognize the 25 Member States of the 

APHIS-defined EU–PTR collectively as 

a single region free of Newcastle disease 

and HPAI, we would remove from 

§ 94.6(a)(1)(i) the nine EU–25 Member 

States individually listed as regions free 

of Newcastle disease: Denmark, Finland, 

France, Great Britain, Greece, 

Luxembourg, Ireland, Spain, and 

Sweden. The APHIS-defined EU–PTR 

would be included in proposed 

§ 94.6(a)(1)(i) as a single region 

considered to be free of Newcastle 

disease. 

Changes to Terms and Definitions 

We propose to make changes to the 

regulations regarding the terms and 

definitions we use for Newcastle disease 

and HPAI. We would remove the word 

‘‘exotic’’ from the current references to 

‘‘exotic Newcastle disease’’ in 9 CFR 

parts 53, 82, 93, 94 and 95. We are 

making this change so that our 

terminology for this disease is 

consistent with that used in the OIE 

animal health standards. We also 

propose to update our definition of 

Newcastle disease in parts 53, 82, and 

94. The definition currently included in 

these parts describes how a virulent 

strain of the virus presents itself but 

does not define the technical criteria for 

determining virulence. We would use 

the definition published in the OIE 

animal health standards because it 

includes the technical criteria of 

virulence.13

In parts 71, 93, and 104, we propose 

to remove the terms ‘‘fowl pest’’ and 

‘‘fowl plague’’ from the regulations and 

replace them with ‘‘highly pathogenic 

avian influenza.’’ The terms currently in 

the regulations predate identification of 

the avian influenza virus and are no 

longer commonly used in scientific 

discourse. This change would be 

consistent with our previous efforts to 

replace these terms in other parts of the 

regulations and reflects OIE 

terminology.14 In addition, we propose 

to add a definition of HPAI to § 94.0. We 

would use the definition of HPAI 

included in § 53.1 of the current 

regulations because it defines all HPAI 

subtypes, makes the regulations more 

consistent, and is consistent with the 

definition used by the OIE. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed 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 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

The analysis examines impacts for 

U.S. small entities of a rule that would 

amend § 94.6 by establishing a region 

made up of 25 Member States of the EU 

and adding it to the list of regions 

considered to be free of Newcastle 

disease and HPAI. This region would be 

designated as the APHIS-defined EU– 

PTR, for which import restrictions for 

live birds and poultry, including 

hatching eggs, poultry meat, and poultry 

products would be uniformly applied. If 

outbreaks of either disease were to 

occur, this proposed rule would 

facilitate the continuation of imports 

from other areas within the APHISdefined EU–PTR that are considered to 

be free of Newcastle disease and HPAI. 

We expect the proposed rule to have 

negligible economic effects for U.S. 

entities, large or small. Nine EU Member 

States are currently permitted to export 

poultry or poultry products to the 

United States, but the quantities 

exported are small, and the quantities of 

birds, poultry, and poultry products that 

would be imported from the EU–PTR 

are not expected to be significant. EU 

Member States, in aggregate, exported 

only 40 metric tons of poultry meat to 

the United States in 2009. In contrast, 


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the United States is one of the world’s 

largest producers and exporters of 

poultry meat; about 20 percent of U.S. 

poultry production was exported in 

2009. Over 99 percent of U.S. live 

poultry imports, 97 percent of poultry 

meat imports, and 91 percent of 

hatching egg imports came from Canada 

in 2009. Imports from the APHISdefined EU–PTR would therefore face a 

highly competitive U.S. market. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) No retroactive effect will be 

given to this rule, and (2) administrative 

proceedings will not be required before 

parties may file suit in court challenging 

this rule. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with recognition of 

the APHIS-defined EU poultry trade 

region as being free of Newcastle disease 

and HPAI, we have prepared an 

environmental assessment. The 

environmental assessment was 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 may 

be viewed on the Regulations.gov Web 

site or in our reading room. (A link to 

Regulations.gov and information on the 

location and hours of the reading room 

are provided under the heading 

ADDRESSES at the beginning of this 

proposed rule.) In addition, copies may 

be obtained by calling or writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

Paperwork Reduction Act 

This proposed 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 propose to amend 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 

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. 

2. Section 53.1 is amended as follows: 

a. In the definition of Disease, by 

removing the word ‘‘exotic’’. 

b. By removing the definition of 

Exotic Newcastle Disease (END). 

c. By adding, in alphabetical order, a 

definition of Newcastle disease to read 

as set forth below. 

§ 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 Cterminus 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. 

* * * * * 

§ 53.2 [Amended] 

3. In § 53.2, paragraph (b) is amended 

by removing the word ‘‘exotic’’. 

PART 71—GENERAL PROVISIONS 

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. 

§ 71.3 [Amended] 

5. In § 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 

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. 

7. The heading for part 82 is revised 

to read as set forth above. 

Subpart A—Newcastle Disease 

8. The heading for subpart A is 

revised to read as set forth above. 

Subpart A—[Amended] 

9. In subpart A, revise all references 

to ‘‘END’’ to read ‘‘Newcastle disease’’. 

10. Section 82.1 is amended as 

follows: 

a. By removing the definition of END. 


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b. By adding, in alphabetical order, a 

definition of Newcastle disease to read 

as set forth below. 

§ 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 

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. 

§ 93.101 [Amended] 

12. Section 93.101 is amended as 

follows: 

a. In paragraph (g)(2), by removing the 

words ‘‘exotic Newcastle disease (END)’’ 

and adding the words ‘‘Newcastle 

disease’’ in their place. 

b. By revising all references to ‘‘END’’ 

in footnote 7 and paragraphs (g)(3) and 

(g)(4) to read ‘‘Newcastle disease’’. 

§ 93.106 [Amended] 

13. Section 93.106 is amended as 

follows: 

a. In paragraph (c)(5)(iii), in the 

Cooperative and Trust Fund Agreement, 

in (A)(14), the second sentence, and in 

(A)(17), the first sentence, remove the 

word ‘‘exotic’’ each time it occurs. 

b. In paragraph (c)(5)(iii), in the 

Cooperative and Trust Fund Agreement, 

in (B)(4) and (B)(5), revise the references 

to ‘‘END’’ to read ‘‘Newcastle disease’’. 

§ 93.205 [Amended] 

14. In § 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. 

§ 93.209 [Amended] 

15. In § 93.209, paragraph (b), the first 

sentence is amended by removing the 

word ‘‘exotic’’. 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, NEWCASTLE 

DISEASE, HIGHLY PATHOGENIC 

AVIAN INFLUENZA, AFRICAN SWINE 

FEVER, CLASSICAL SWINE FEVER, 

SWINE VESICULAR DISEASE, AND 

BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS 

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. 

17. The heading for part 94 is revised 

to read as set forth above. 

18. Section 94.0 is amended as 

follows: 

a. By removing the definition of 

Exotic Newcastle Disease (END). 

b. By adding, in alphabetical order, 

definitions of APHIS-defined EU Poultry 

Trade Region, Highly pathogenic avian 

influenza, and Newcastle disease to read 

as set forth below. 

§ 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. 

Highly pathogenic avian influenza is 

defined as follows: 

(1) Any influenza virus that kills at 

least 75 percent of eight 4- to 6-weekold susceptible chickens within 10 days 

following intravenous inoculation with 

0.2 mL of a 1:10 dilution of a bacteriafree, 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 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 

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. 

* * * * * 

19. Section 94.6 is amended as 

follows: 

a. By revising the section heading to 

read as set forth below. 

b. In the paragraph (a) heading, by 

removing the words ‘‘exotic Newcastle 

disease (END)’’ and adding the words 

‘‘Newcastle disease’’ in their place. 

c. By revising paragraph (a)(1)(i) to 

read as set forth below. 

d. By revising all references to ‘‘END’’ 

to read ‘‘Newcastle disease’’. 

§ 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) The following regions are 

considered to be free of Newcastle 


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disease: 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. 

* * * * * 

§ 94.23 [Amended] 

20. Section 94.23 is amended by 

removing in paragraph (c) and 

paragraph (e) introductory text the word 

‘‘exotic’’ each time it occurs. 

§ 94.26 [Amended] 

21. Section 94.26 is amended as 

follows: 

a. In the introductory text, by 

removing the words ‘‘exotic Newcastle 

disease (END)’’ and adding the words 

‘‘Newcastle disease’’ in their place. 

b. By revising all references to ‘‘END’’ 

to read ‘‘Newcastle disease’’. 

22. A new § 94.28 is added to read as 

follows: 

§ 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 § 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 

§ 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 APHISdefined 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 APHISdefined 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 § 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 § 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 

§ 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, including 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 § 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 

§ 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 APHISdefined 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 APHISdefined 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 APHISdefined 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 § 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 § 381.196 of this title or may 

be contained in a separate document. 

(c) Presentation of certificates. The 

certificates required by paragraphs (a)(5) 

and (b)(5) of this section must be 


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42602 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 

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 

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. 

§ 95.5 [Amended] 

24. In § 95.5, paragraph (c) is 

amended by removing the words 

‘‘exotic’’ and ‘‘subtype H5N1’’. 

§ 95.6 [Amended] 

25. In § 95.6, paragraph (c) is 

amended by removing the word 

‘‘exotic’’. 

PART 104—PERMITS FOR 

BIOLOGICAL PRODUCTS 

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. 

§ 104.2 [Amended] 

27. In § 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 13th day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–18108 Filed 7–18–11 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0717; Directorate 

Identifier 2010–NM–108–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–201, –202, –203, –223, –243, 

–301, –302, –303, –321, –322, –323, 

–341, –342, and –343 Airplanes; and 

Model A340–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

During A330 and A340 aeroplanes fatigue 

tests, cracks appeared on the right (RH) and 

left (LH) sides between the crossing area of 

the keel beam fitting and the front spar of the 

Centre Wing Box (CWB). This condition, if 

not corrected, could lead to keel beam 

rupture which would affect the area 

structural integrity. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 2, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; e-mail 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0717; Directorate Identifier 

2010–NM–108–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On July 24, 2007, we issued AD 2007– 

16–02, Amendment 39–15141 (72 FR 

44731, August 9, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–16–02, the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2010–0024, 

dated February 12, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During A330 and A340 aeroplanes fatigue 

tests, cracks appeared on the right (RH) and 

left (LH) sides between the crossing area of 

the keel beam fitting and the front spar of the 

Centre Wing Box (CWB). This condition, if 

not corrected, could lead to keel beam 

rupture which would affect the area 

structural integrity. 

In order to maintain the structural integrity 

of the aeroplane, EASA AD 2006–0315R1 

required repetitive special detailed 


srobinson on DSK4SPTVN1PROD with PROPOSALS