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[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Rules and Regulations]
[Pages 7567-7569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02768]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 94

[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; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule published in the Federal Register on March 29, 
2013, and effective on April 15, 2013, we amended 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. In 
that rule, we established requirements for the importation of live 
birds and poultry, and poultry meat and products, from the APHIS-
defined EU Poultry Trade Region. In the final rule, it was not our 
intent to prohibit the importation of birds, poultry, and poultry meat 
and products from Member States of the APHIS-defined EU Poultry Trade 
Region that conduct trade in poultry and poultry products with other 
regions that APHIS recognizes as being free of Newcastle disease and 
highly

[[Page 7568]]

pathogenic avian influenza. It was also not our intent that the import 
requirements for cooked poultry meat and products from the APHIS-
defined EU Poultry Trade Region not be equivalent with the requirements 
we apply to other regions whenever an outbreak of Newcastle disease or 
highly pathogenic avian influenza occurs in those regions. This 
document amends the regulations to reflect our original intentions.

DATES: Effective Date: February 10, 2014.

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

SUPPLEMENTARY INFORMATION: In a final rule \1\ that was published in 
the Federal Register on March 29, 2013 (78 FR 19080-19085, Docket No. 
APHIS-2009-0094), and effective on April 15, 2013, we amended 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.
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    \1\ To view the rule, supporting analyses, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2009-0094.
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    The rule was based on our determination that the region meets our 
requirements for being considered free of Newcastle disease and highly 
pathogenic avian influenza (HPAI) and established requirements for the 
importation of live birds and poultry, and poultry meat and products, 
from the APHIS-defined EU Poultry Trade Region.
    As published, Sec.  94.28(a)(3) requires that live birds and 
poultry from which poultry meat and products are derived and intended 
for export to the United States must only originate from within the 
APHIS-defined EU Poultry Trade Region, and that the farms of origin 
must not have received live birds or poultry imported from outside the 
APHIS-defined EU Poultry Trade Region. Similarly, Sec.  94.28(b)(3) 
requires that live birds and poultry intended for export to the United 
States must only originate from within the APHIS-defined EU Poultry 
Trade Region and that the farms of origin must not have received birds 
or poultry imported from outside the APHIS-defined EU Poultry Trade 
Region.
    These import requirements are not consistent with how we regulate 
poultry imports from other countries and regions that we recognize as 
being free of Newcastle disease and HPAI. We allow such regions to 
import live birds and poultry, and poultry meat and products, from 
other regions that are also free of those diseases, and we intended the 
APHIS-defined EU Poultry Trade Region to be able to do likewise.
    Therefore, in keeping with our original intention, we are removing 
paragraphs (a)(3) and (b)(3) in Sec.  94.28. Paragraph Sec.  
94.28(a)(5) will be redesignated as Sec.  94.28(a)(4) and paragraph 
Sec.  94.28(b)(5) will be redesignated as Sec.  94.28(b)(4). References 
to these paragraphs in paragraphs (c) and (d) of Sec.  94.28 will be 
amended to reflect these changes. As a result, farms within the APHIS-
defined EU Poultry Trade Region will be able to export to the United 
States live birds and poultry originating from outside their region, as 
well as poultry meat and products that were derived from poultry 
originating from outside their region.
    However, Sec.  94.28(a)(1) and (b)(1) will continue to require that 
live birds and poultry, and poultry meat and products, must not have 
been from regions or zones in which Newcastle disease or HPAI are 
considered to exist. Likewise, paragraphs (a)(2) and (b)(2) of Sec.  
94.28 will continue to require that prior to export to the United 
States, live birds and poultry, and poultry meat and products, are not 
commingled with live birds and poultry, or poultry meat and products, 
from regions where Newcastle disease or HPAI are considered to exist. 
Additionally, live birds and poultry, and poultry meat and products, 
imported from the APHIS-defined EU Poultry Trade Region must be 
accompanied by a certificate indicating the zone of origin within that 
region. This requirement ensures they do not originate from restricted 
zones imposed within the APHIS-defined EU Poultry Trade Region due to 
outbreaks of Newcastle disease or HPAI.
    In addition, we intended that the import requirements for cooked 
poultry meat and products from the APHIS-defined EU Poultry Trade 
Region be equivalent with the requirements we apply to other regions 
whenever an outbreak of Newcastle disease or HPAI occurs in those 
regions. Therefore, we are amending Sec.  94.28(a)(1) by adding a 
statement that poultry meat and products are also allowed to be 
imported to the United States from the APHIS-defined EU Poultry Trade 
Region if accompanied by a certificate specifying that the articles 
were cooked and processed in accordance with the regulations in Sec.  
94.6(b)(3) or (b)(4).

List of Subjects in 9 CFR Part 94

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

    Accordingly, we are amending 9 CFR part 94 as follows:

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
1. 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
2. Section 94.28 is amended as follows:
0
a. By revising the introductory text of paragraph (a)(1);
0
b. By removing paragraph (a)(3) and redesignating paragraphs (a)(4) and 
(a)(5) as paragraphs (a)(3) and (a)(4), respectively;
0
c. In newly designated paragraph (a)(4), by removing the reference 
``(a)(4)'' and adding the reference ``(a)(3)'' in its place;
0
d. By removing paragraph (b)(3) and redesignating paragraphs (b)(4) and 
(b)(5) as paragraphs (b)(3) and (b)(4), respectively;
0
e. In newly designated paragraph (b)(4), by removing the reference 
``(b)(4)'' and adding the reference ``(b)(3)'' in its place;
0
f. By withdrawing the amendment to paragraph (c) published December 4, 
2013 (78 FR 73001);
0
g. In paragraph (c), by removing the citation ``Sec.  94.28(b)(5)'' and 
adding ``paragraph (b)(4) of this section'' in its place; and
0
h. In paragraph (d), by removing the references ``(a)(5)'' and 
``(b)(5)'' and adding the references ``(a)(4)'' and ``(b)(4)'' in their 
place, respectively.
    The revision reads 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) * * *
    (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, or unless the poultry meat and products are

[[Page 7569]]

accompanied by a certificate specifying that the articles were cooked 
and processed in accordance with the regulations in Sec.  94.6(b)(3) or 
(b)(4):
* * * * *

    Done in Washington, DC, this 3rd day of February 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-02768 Filed 2-7-14; 8:45 am]
BILLING CODE 3410-34-P
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