19080 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

1Regulations for importing hatching eggs are 

included in §§ 93.104, 93.205, and 93.209. 

2To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS–2009–0094. 

(c) Any comments received pursuant 

to paragraph (b) of this section shall be 

made part of the record. Unless the 

comments are classified under an 

applicable Executive Order, the 

applicant shall be provided an 

opportunity to review and respond to 

such comments prior to the issuance of 

any decision to deny the application. 

PART 1240—PROCEEDINGS TO 

DETERMINE REMOVABILITY OF 

ALIENS IN THE UNITED STATES 

■ 3. The authority citation for part 1240 

is revised to read as follows: 

Authority: 8 U.S.C. 1103, 1158, 1182, 

1186a, 1186b, 1225, 1226, 1227, 1228, 1229a, 

1229b, 1229c, 1252 note, 1361, 1362; secs. 

202 and 203, Pub. L. 105–100 (111 Stat. 2160, 

2193); sec. 902, Pub. L. 105–277 (112 Stat. 

2681). 

■ 4. Amend § 1240.11 by revising 

paragraph (c)(2) to read as follows: 

§ 1240.11 Ancillary matters, applications. 

* * * * * 

(c) * * * 

(2) An application for asylum or 

withholding of removal must be filed 

with the Immigration Court, pursuant to 

§ 1208.4(b) of this chapter. Upon receipt 

of an application, the Immigration Court 

may forward a copy to the Department 

of State pursuant to § 1208.11 of this 

chapter and shall calendar the case for 

a hearing. The reply, if any, from the 

Department of State, unless classified 

under an applicable Executive Order, 

shall be given to both the alien and to 

DHS counsel and shall be included in 

the record. 

* * * * * 

■ 5. Amend § 1240.33 by revising 

paragraph (b) to read as follows: 

§ 1240.33 Applications for asylum or 

withholding of deportation. 

* * * * * 

(b) An application for asylum or 

withholding of deportation must be 

filed with the Immigration Court, 

pursuant to § 1208.4(b) of this chapter. 

Upon receipt of an application, the 

Immigration Court may forward a copy 

to the Department of State pursuant to 

§ 1208.11 of this chapter and shall 

calendar the case for a hearing. The 

reply, if any, from the Department of 

State, unless classified under an 

applicable Executive Order, shall be 

given to both the applicant and to DHS 

counsel and shall be included in the 

record. 

* * * * * 

■ 6. Amend § 1240.49 by revising 

paragraph (c)(3) to read as follows: 

§ 1240.49 Ancillary matters, applications. 

* * * * * 

(c) * * * 

(3) An application for asylum or 

withholding of deportation must be 

filed with the Immigration Court, 

pursuant to § 1208.4(b) of this chapter. 

Upon receipt of an application, the 

Immigration Court may forward a copy 

to the Department of State pursuant to 

§ 1208.11 of this chapter and shall 

calendar the case for a hearing. The 

reply, if any, of the Department of State, 

unless classified under an applicable 

Executive Order, shall be given to both 

the applicant and to DHS counsel and 

shall be included in the record. 

* * * * * 

Dated: March 22, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–07252 Filed 3–28–13; 8:45 am] 

BILLING CODE 4410–30–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: Final rule. 

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 APHISdefined 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 § 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. 

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 


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3To view the interim rule, supporting documents, 

and the comments we received, go to http://www.

regulations.gov/#!docketDetail;D=APHIS-2006-

0074. 

4Council Directive 2005/94/EC, 20 December 

2005: http://eur-lex.europa.eu/LexUriServ/

LexUriServ.do?uri=OJ:L:2006:010:0016:0016:

EN:PDF. 

States from the APHIS-defined EU 

poultry trade region. 

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 APHISdefined 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 

§ 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. 

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 


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19082 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

5 Go to http://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. 

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. 

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 

■ 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), and 

■ c. By adding, in alphabetical order, a 

definition of Newcastle disease. 

The addition reads as follows: 

§ 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’’. 


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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. In part 82, the heading for subpart 

A is revised to read as set forth above. 

Subpart A [Amended] 

■ 9. In subpart A, the word ‘‘END’’ is 

removed each time it appears and the 

words ‘‘Newcastle disease’’ are added in 

its place. 

■ 10. Section 82.1 is amended as 

follows: 

■ a. By removing the definition of END, 

and 

■ b. By adding, in alphabetical order, a 

definition of Newcastle disease. 

The addition reads as follows: 

§ 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 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. 

* * * * * 

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, and 

■ 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. 

§ 93.106 [Amended] 

■ 13. In § 93.106, paragraph (c)(5)(iii), 

the Cooperative and Trust Fund 

Agreement is amended as follows: 

■ a. In paragraph (A)(14), second 

sentence, and (A)(17), first sentence, by 

removing the word ‘‘exotic’’, and 

■ b. In paragraphs (B)(4) and (B)(5), by 

removing the word ‘‘END’’ and adding 

the words ‘‘Newcastle disease’’ in its 

place. 

§ 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), and 

■ 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: 

§ 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-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 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 


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19084 Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 

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. 

* * * * * 

■ 19. Section 94.6 is amended as 

follows: 

■ a. By revising the section heading, 

■ b. In paragraph (a) introductory text, 

by removing the words ‘‘exotic 

Newcastle disease (END)’’ and adding 

the words ‘‘Newcastle disease’’ in their 

place, 

■ c. By revising paragraph (a)(1)(i), and 

■ 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: 

§ 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 APHISdefined 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. 

* * * * * 

§ 94.23 [Amended] 

■ 20. In § 94.23, paragraph (c) and 

paragraph (e) introductory text are 

amended by removing the word 

‘‘exotic’’. 

§ 94.26 [Amended] 

■ 21. Section 94.26 is amended as 

follows: 

■ 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 

■ 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. 

■ 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, 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 § 94.6(a)(1)(i) as one in 

which Newcastle disease is considered 

to exist, or any region when the region 


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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations 19085 

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) Hatching eggs. Hatching eggs 

intended for import from the APHISdefined 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 APHISdefined EU Poultry Trade Region 

provided that the hatching eggs are 

transported under official seal and 

accompanied by a certificate as 

indicated in § 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 

■ 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 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0150; Directorate 

Identifier 2011–NM–234–AD; Amendment 

39–17399; AD 2013–06–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This AD was 

prompted by reports of oil residue 

between the stator and the rotor parts of 

the position resolvers of the angle of 

attack (AOA) vane, which was a result 

of incorrect removal of the machining 

oil during the manufacturing process of 

the AOA resolvers. This AD requires an 

inspection to determine if certain AOA 

probes are installed, and replacement of 

any affected AOA probe. We are issuing 

this AD to prevent erroneous AOA 

information and consequent delayed or 

non-activation of the AOA protection 

systems, which during flight at a high 

AOA, could result in reduced control of 

the airplane. 

DATES: This AD becomes effective May 

3, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 3, 2013. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a second supplemental 

notice of proposed rulemaking (SNPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to the specified 

products. That second SNPRM was 

published in the Federal Register on 


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