Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 70997 

1To view the interim rule, supporting documents, 

the May 2011 and June 2012 documents reopening 

the comment period, and the comments we 

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

#!docketDetail;D=APHIS-2006-0074. 

2On December 4, 2013, we published another 

rulemaking, ‘‘Bovine Spongiform Encephalopathy; 

Importation of Bovines and Bovine Products’’ (78 

FR 72980–73008) that redesignated the sections we 

amended in part 95 in the interim rule. These 

redesignations are reflected in this final rule. 

3The interim rule used the term ‘‘exotic 

Newcastle disease’’ or ‘‘END.’’ In this document, we 

have removed the word ‘‘exotic’’ from the term to 

reflect changes made to the regulations in a final 

rule published March 29, 2013 (78 FR 19080– 

19085). 

4Federal Register, May 3, 2011 (76 FR 24793, 

Docket No. APHIS–2006–0074). 

This rule contains no Federal mandates 

as defined by Title II of UMRA for State, 

local, or Tribal governments, or the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

SBREFA 

This rule is not a major rule under the 

SBREFA (Public Law 104–121). 

Therefore, FSA is not required to delay 

the effective date for 60 days from the 

date of publication to allow for 

Congressional review. Accordingly, this 

rule is effective 30 days after 

publication in the Federal Register. 

Paperwork Reduction Act 

The cotton information covered in 

this rule is the weekly reporting of 

BMAS by cotton warehouses. BMAS is 

reported through the Electronic 

Warehouse Receipt (EWR) system, to 

which FSA has access. EWR is operated 

by a private company and generally 

contains information that is exempt 

from the Paperwork Reduction Act (44 

U.S.C. Chapter 35) because it is usual 

and customary business information. 

The change in the regulation would not 

change the burden associated with 

reporting BMAS, which is required to be 

reported weekly. The only thing that 

would change is which bales are 

required to be included in the 

calculation of the total BMAS for that 

week. EWR is approved under OMB 

control number 0560–0120. 

E-Government Act Compliance 

FSA is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services and for other purposes. 

List of Subjects in 7 CFR Part 1423 

Agricultural commodities, Honey, 

Oilseeds, Reporting and recordkeeping 

requirements, Surety bonds, 

Warehouses. 

For the reasons discussed above, 7 

CFR part 1423 is amended as follows: 

PART 1423—COMMODITY CREDIT 

CORPORATION APPROVED 

WAREHOUSES 

■ 1. The authority citation for part 1423 

continues to read as follows: 

Authority: 15 U.S.C. 714b and 714c. 

■ 2. Revise § 1423.11(b)(1)(ii) to read as 

follows: 

§ 1423.11 Delivery and shipping standards 

for cotton warehouses. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Were scheduled and ready for 

delivery in a previous week, but were 

not picked up by the shipper and 

remain available for immediate loading 

and another shipping date has not been 

established, or such bales are not subject 

to a restocking fee as provided in the 

warehouse operator’s public tariff. Bales 

that have been available for delivery but 

not picked up may be counted as BMAS 

for no longer than the first two weeks 

that such bales have been made 

available for delivery but not yet picked 

up by the shipper. 

* * * * * 

Dated: November 23, 2014. 

Val Dolcini, 

Administrator, Farm Service Agency, and 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2014–28180 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 93, 94, and 95 

[Docket No. APHIS–2006–0074] 

RIN 0579–AC36 

Highly Pathogenic Avian Influenza 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, with changes, an interim rule that 

amended the regulations concerning the 

importation of animals and animal 

products to prohibit or restrict the 

importation of live birds and poultry 

(including hatching eggs) and bird and 

poultry products from regions where 

any subtype of highly pathogenic avian 

influenza (HPAI) is considered to exist. 

The interim rule also added restrictions 

concerning importation of live birds and 

poultry that have been moved through 

regions where HPAI is considered to 

exist, or that have been vaccinated for 

certain types of avian influenza. This 

final rule amends the interim rule to 

allow the importation of live zoological 

birds and poultry that have been 

vaccinated for avian influenza as part of 

an official program and under specific 

conditions as determined by the 

Administrator and to allow the 

importation of HPAI-resistant pigeons, 

doves, and other Columbiform species 

under certain conditions from regions 

where HPAI is considered to exist. This 

action will provide for the importation 

of certain zoological birds and poultry 

under specified conditions designed to 

minimize the risk of introducing HPAI 

into the United States. 

DATES: Effective December 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Case Manager, National 

Import Export Services, Animal Health 

Policy and Programs, VS, APHIS, 4700 

River Road Unit 38, Riverdale, MD 

20737; (301) 851–3300. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published in the Federal Register on 

January 24, 2011 (76 FR 4046–4056, 

Docket No. APHIS–2006–0074), we 

amended the regulations in 9 CFR parts 

93, 94, and 95 2 concerning the 

importation of animals and animal 

products to prohibit or restrict the 

importation of bird and poultry 

products from regions where highly 

pathogenic avian influenza (HPAI) is 

considered to exist by applying 

mitigations similar to those we use for 

Newcastle disease.3 The interim rule 

included restrictions concerning 

importation of live birds and poultry 

(including hatching eggs) that have been 

vaccinated for certain types of avian 

influenza or that have been moved 

through regions where HPAI is 

considered to exist. In addition, the 

interim rule updated cooking 

requirements to specifically include 

carcasses, parts, or products of poultry 

or other birds from regions where HPAI 

is considered to exist. These actions 

were necessary to prevent the 

introduction of HPAI into the United 

States. 

We solicited comments concerning 

the interim rule for 60 days ending 

March 25, 2011. We reopened the 

comment period 4 for 15 days ending 

May 18, 2011, to give commenters more 

time to respond. We reopened the 


rljohnson on DSK3VPTVN1PROD with RULES
70998 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

5Federal Register, June 12, 2012 (77 FR 34783– 

34784, Docket No. APHIS–2006–0074). 

6http://www.aphis.usda.gov/import_export/

animals/animal_disease_status.shtml. 

7Federal Register, March 29, 2013 (78 FR 19080– 

19085, Docket No. APHIS–2009–0094): http://

www.regulations.gov/#!docketDetail;D=APHIS2009-0094. 

8The Administrator, under 9 CFR 93.101(a), may 

also allow pet or other birds to transit regions where 

any form of HPAI is considered to exist, under 

stipulated conditions provided in a permit, when a 

determination is made that such importations will 

not endanger livestock or poultry health in the 

United States. 

comment period a second time 5 for 30 

days ending July 12, 2012, to solicit 

comments on allowing the importation 

of pigeons, doves, and other 

Columbiform species from regions 

considered to have HPAI after 

establishing that importation of these 

species poses a low risk of introducing 

HPAI into the United States. 

We received a total of 19 comments 

during those three comment periods. 

Commenters included a State veterinary 

official, a foreign government official, 

veterinarians, associations representing 

U.S. zoos and zoo veterinarians, an 

ornithological research organization, egg 

industry representatives, a restaurant 

chain, and the general public. A 

consumer food safety organization 

commented by submitting a letter with 

17,540 copies signed by members of the 

public. 

We have carefully considered the 

comments we received. Three 

commenters expressed concerns about 

the risk of HPAI but did not 

substantively address any specifics of 

the interim rule. The remaining 

comments are discussed below by topic. 

General Comments 

One commenter objected to our 

issuing an interim rule instead of a 

proposed rule, noting that we made 

effective the action to prohibit or restrict 

the importation of live birds and 

poultry, and bird and poultry products, 

from regions where HPAI is considered 

to exist without first soliciting public 

comments. 

Immediate action was necessary to 

prevent the introduction of HPAI into 

the United States. Under those 

circumstances, we determined that prior 

notice and opportunity for public 

comment were contrary to the public 

interest and that there was good cause 

under 5 U.S.C. 553(b)(B) for making the 

interim rule effective upon publication 

in the Federal Register. 

In the interim rule, we requested 

comment on whether the list of regions 

considered to be free of Newcastle 

disease in 9 CFR 94.6(a)(1) should be 

removed from the regulations and 

posted on the Animal and Plant Health 

Inspection Service (APHIS) Web site, as 

we have done with similar lists of 

regions. 

Two commenters agreed with the idea 

and no commenters objected. 

Accordingly, this final rule amends 

the regulations to remove the list of 

regions considered to be free of 

Newcastle disease from 9 CFR 

94.6(a)(1)(i) and adds text referring 

readers to the list on the APHIS Web 

site.6

A region will be removed from the list 

of regions considered to be free of 

Newcastle disease whenever we receive 

reliable reports of disease outbreaks in 

commercial birds and poultry from 

veterinary officials of the national 

government of the region and/or the 

World Organization for Animal Health 

(OIE). The Administrator of APHIS may 

also remove a region from the list based 

on outbreak reports of Newcastle 

disease that he or she receives from 

other reliable sources, such as APHIS 

inspectors based in foreign countries. 

This approach will allow us to quickly 

update the list on the Web site 

whenever necessary without needing to 

amend the CFR, which can take much 

more time to do. 

A region removed from the list of 

regions considered to be free of 

Newcastle disease on the APHIS Web 

site may be reinstated to the list in 

accordance with the procedures for 

reestablishing a region’s disease-free 

status set forth in 9 CFR 92.4 of the 

regulations. 

Importation of Live Birds and Poultry 

The importation into the United 

States of live birds and poultry, 

including eggs for hatching, is subject to 

the regulations in part 93, Subpart A— 

Birds (§§ 93.100–93.107) and Subpart 

B—Poultry (§§ 93.200–93.220). 

A commenter requested that APHIS 

provide an exception to its prohibition 

on live birds and poultry from regions 

where HPAI is considered to exist by 

permitting the entry of birds and poultry 

that have been quarantined and tested 

prior to export to the United States in 

a manner consistent with our own postimport quarantine and testing 

procedures. 

We are taking no action in response 

to this request. Our established import 

quarantine procedures have been 

proven to be effective and offer a 

predictable measure of assurance 

supported by testing in approved 

laboratories using appropriate 

diagnostic methods. Quarantine and 

testing procedures conducted overseas 

may not always adequately address 

APHIS requirements and would be 

impractical and resource-intensive. 

However, we have determined that it 

is necessary to amend the live bird and 

poultry regulations in the interim rule to 

reflect changes we made in another 

rulemaking. In a March 2013 final rule 

that recognized 25 Member States of the 

European Union (EU) as the APHISdefined EU poultry trade region,7 we 

amended the regulations to allow the 

importation of hatching eggs that have 

transited a zone restricted for HPAI 

within that region. To make the 

regulations consistent with this change, 

we are amending the general 

prohibitions in 9 CFR 93.101(a) for birds 

and hatching eggs of birds, and 9 CFR 

93.201(a) for poultry and hatching eggs 

of poultry, to indicate that unless 

specifically indicated otherwise in the 

regulations,8 no live birds or poultry, 

and no hatching eggs from birds or 

poultry, shall be imported into the 

United States if the birds or poultry (or 

the flocks of origin in the case of 

hatching eggs) originated from or 

transited a region identified in 

accordance with 9 CFR 94.6(a) as a 

region where any form of HPAI or 

Newcastle disease is considered to exist. 

As 9 CFR 93.201(a) prohibits 

importation of hatching eggs of poultry 

that have originated in or transited 

regions where these diseases exist other 

than the APHIS-defined EU poultry 

trade region, we are also amending 9 

CFR 93.205(b) to require that the import 

certificate state that the hatching eggs 

have not been moved through a region 

identified in accordance with § 94.6(a) 

as a region where any form of HPAI 

exists. This statement is already 

required on certificates for live poultry 

in 9 CFR 93.205(a). 

We are also amending paragraphs 

(b)(7), (c)(11), and (d)(7) of the 

certification requirements for importing 

live birds in 9 CFR 93.104 to replace 

‘‘previously unused containers’’ with 

‘‘new or appropriately sanitized 

packaging materials.’’ Similarly, we are 

amending paragraphs (a) and (b) of 9 

CFR 93.205 to make this same change in 

the certification requirements for 

importing live poultry and hatching 

eggs of poultry. This change allows for 

more flexible packaging options and 

provides additional risk mitigation for 

imported poultry and hatching eggs. 

Finally, to emphasize that testing for 

avian influenza is currently a part of our 

routine health certification and 

quarantine requirements for imported 

birds, we are amending these 

requirements in 9 CFR 93.101, 93.104, 

and 93.106 to include references to 

avian influenza. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 70999 

9See footnote 5. 

10 Infectious and Lethal Doses of H5N1 Highly 

Pathogenic Avian Influenza Virus for House 

Sparrows (Passer Domesticus) and Rock Pigeons 

(Columbia Livia) J VET Diagn Invest July 2009 21: 

437–445. Pathogenesis and pathobiology of avian 

influenza virus infection in birds, M. J. PantinJackwood and D. E. Swayne, Southeast Poultry 

Research Laboratory, Agricultural Research Service, 

USDA, Athens, GA 30605. 

11World Organization for Animal Health, Draft 

Report of the Meeting of the OIE Ad Hoc Group on 

Avian Influenza, Paris, 12–14 November 2003. 

12See footnote 7. 

Importation of Columbiform Species 

From Regions Where HPAI Is 

Considered To Exist 

As noted above, we reopened the 

comment period on the interim rule for 

30 days 9 to solicit comments on a 

change that would allow live pigeons, 

doves, and other Columbiform species 

to be imported under certain conditions 

to approved establishments from regions 

where HPAI is considered to exist. We 

considered this change because peerreviewed scientific studies 10 have come 

to our attention since the publication of 

the interim rule establishing that 

Columbiform species have a very low 

risk of being infected by HPAI viruses. 

We have carefully reviewed these 

studies and concluded that importation 

of such species to approved 

establishments would constitute a low 

risk of introducing and spreading HPAI 

viruses in birds and poultry. 

One commenter, a State veterinary 

official, stated that there appear to be no 

restrictions in the rule on how 

Columbiform species are to be housed 

and transported within a zone where 

HPAI is considered to exist. The 

commenter stated that nonColumbiform species of birds and 

poultry could be crated next to 

Columbiform species during transport 

and be on- and off-loaded from or 

within the zones of infection. The 

commenter added that even though 

Columbiform species from HPAIaffected regions have a low risk of 

becoming infected, those species and 

their crates could serve as fomites and 

transmit the virus to more susceptible 

species of avians if commingled with 

them at any point during importation or 

quarantine. For this reason, the 

commenter requested that we not allow 

importation of any Columbiform species 

that have been moved through regions 

where HPAI is considered to exist. 

While it is possible that Columbiform 

species could transmit the HPAI virus to 

non-Columbiform species via fomites, 

we consider our existing risk 

mitigations regarding fomites and 

commingling sufficient to allow 

importation of Columbiform species that 

have been moved through regions with 

HPAI. Title 9 CFR 93.204 establishes 

that for the importer to obtain a permit, 

he or she must provide information that 

includes the species, breed, and number 

of poultry to be imported and the region 

of origin, as well as the mode of 

transportation and the route of travel. 

APHIS would not issue an import 

permit if the conditions of importation 

were such that Columbiform species 

(and their fomites) from regions 

considered to have HPAI were 

commingled, quarantined, or otherwise 

directly or indirectly exposed at any 

point with non-Columbiform species. 

However, we acknowledge the 

commenter’s concern about 

commingling and are adding a provision 

to the certificate requirement to 9 CFR 

93.205(a) for Columbiform species that 

have been moved through regions 

considered to have HPAI. Except for the 

requirement prohibiting movement 

through such regions, Columbiform 

species intended for importation into 

the United States are subject to all other 

certificate requirements listed in 9 CFR 

93.205(a) as amended by this document. 

The certificate requirement we are 

adding to 9 CFR 93.205(a) states that 

pigeons, doves, and other Columbiform 

species that have originated from or 

been moved through regions where 

HPAI is considered to exist were moved 

and handled under conditions specified 

on an import permit ensuring that their 

movement and handling involved no 

direct or indirect exposure to other 

animals, birds, and poultry. 

Prohibition on Day-Old Chicks and 

Hatching Eggs Transiting Regions Where 

HPAI Is Considered To Exist 

Three commenters opposed the 

prohibition in the interim rule on the 

importation into the United States of 

day-old chicks and hatching eggs that 

have transited regions where HPAI of 

any subtype is considered to exist. 

One commenter stated that day-old 

chicks are commonly flown in sealed 

containers between continents and 

expressed concern about whether such 

chicks would still be eligible for 

importation into the United States if the 

flight touched down briefly at an airport 

in a region considered to have HPAI. 

Another commenter noted that EU 

regulations allow transit of live poultry, 

including day-old chicks and hatching 

eggs, through zones under restrictions 

for HPAI on the condition that transport 

takes place on roads or rail without 

unloading or stopping. The commenter 

stated that if the day-old chicks are 

moved under strictly controlled, 

biosecured, and air-conditioned 

circumstances, with no need to provide 

feed and water during transport, the risk 

of their exposure to HPAI is minimal. 

We disagree with the commenters 

with regard to importing day-old chicks 

that have transited regions where HPAI 

is considered to exist. Unlike 

Columbiform species, day-old chicks of 

other poultry species are highly 

susceptible to contracting HPAI and 

therefore more likely to harbor and 

transmit the virus to other birds or 

poultry. Water or feed present during 

transit may also become contaminated. 

Scientific evidence indicates that 

secondary spread of avian influenza 

viruses mainly occurs through 

mechanical transfer of feces from 

infected birds, in which the virus may 

be present at high concentrations and 

may survive for considerable periods, 

and that the virus may be spread by 

birds, poultry, or other animals not 

themselves susceptible to infection 

becoming contaminated in transit 

through contact with infected birds and 

poultry 11 (which is why, as a condition 

of entry, Columbiform species will not 

be allowed to be commingled with birds 

of any other species during transport). 

Consequently, there is a significant risk 

of day-old chicks contracting HPAI if 

they are moved through regions where 

HPAI is considered to exist en route to 

the United States. 

While we consider movement of dayold chicks through regions affected by 

HPAI to pose an unacceptable import 

risk, we acknowledge that hatching eggs 

can be moved through regions affected 

by HPAI at a sufficiently low level of 

risk if we determine that the controlling 

authority of that region has instituted 

sufficient risk mitigation measures. 

Accordingly, in a March 2013 final 

rule 12 that recognized 25 Member States 

of the EU as the APHIS-defined EU 

poultry trade region, we amended the 

regulations to allow the importation of 

hatching eggs that have transited a zone 

restricted for HPAI within that region. 

Given the control measures that are 

uniformly and effectively enforced by 

the EU, the risk of exposure of hatching 

eggs to HPAI while transiting zones 

within the APHIS-defined EU poultry 

trade region is very low as long as all 

measures in the import permit issued by 

APHIS are followed and the shipment is 

sealed by the veterinary competent 

authority. All hatching eggs must be 

quarantined from time of arrival at the 

port of entry until hatched as required 

in 9 CFR 93.209, and the poultry from 

such eggs will remain quarantined for 

not less than 30 days following 

hatching. During their quarantine, eggs 

for hatching and poultry from such eggs 

will be subject to any inspections, 


rljohnson on DSK3VPTVN1PROD with RULES
71000 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

disinfections, and tests as may be 

required by APHIS to determine their 

freedom from HPAI and other 

communicable diseases of poultry. 

Otherwise, hatching eggs that have 

originated from any region affected with 

HPAI will remain prohibited from 

importation to the United States. 

Prohibitions on Birds Vaccinated for 

Avian Influenza 

The interim rule prohibited imports of 

live poultry that have been vaccinated 

for H5 or H7 subtypes of avian 

influenza, as well as imports of day-old 

chicks and hatching eggs that have been 

vaccinated or have originated from birds 

or poultry vaccinated with those 

subtypes. 

Several commenters opposed the 

import prohibitions we placed on HPAIvaccinated poultry and hatching eggs. 

Two commenters representing the 

domestic egg industry stated that 

vaccination for HPAI can be part of an 

effective disease control program and, 

for this reason, requested that we 

reconsider our prohibition on 

importation of egg layer hatching eggs 

from vaccinated poultry. 

We are making no changes to our 

prohibition on importation of hatching 

eggs from poultry vaccinated for HPAI. 

We noted in the interim rule that 

vaccination could mask the presence of 

infection in imported poultry and that 

vaccinated poultry and hatching eggs 

would have antibodies to serotypes H5 

or H7 detectable during quarantine or 

routine surveillance. The presence of 

antibodies in imported poultry and 

hatching eggs could result in 

uncertainty as to whether the antibodies 

originated from vaccination or exposure 

to HPAI serotypes. 

Another commenter stated that 

diagnostic testing could distinguish 

antibodies in vaccinated poultry from 

those acquired from exposure to the 

HPAI virus, thus eliminating 

uncertainty as to whether the poultry 

acquired avian influenza antibodies 

through vaccination or through natural 

exposure to the virus. 

We are making no changes in 

response to the comment. We 

acknowledge that diagnostic methods 

exist that can distinguish those 

antibodies created by natural exposure 

to the virus from those created through 

vaccination. However, this process, 

known as DIVA (differentiation of 

infected from vaccinated animals), has 

not been sufficiently validated in the 

field or across avian species. 

Another commenter suggested that 

prohibiting the importation of hatching 

eggs from vaccinated poultry is 

unnecessary because embryos infected 

with lethal strains of HPAI typically die 

prior to hatching. 

We are making no changes based on 

this information. It is true that 

transmission of lethal strains of avian 

influenza via hatching eggs to other 

birds would be unlikely if the embryos 

die and fail to hatch. However, broken, 

contaminated eggs may possibly infect 

chicks inside the incubator because live 

virus can be recovered from the eggshell 

and internal egg contents. 

Another commenter opposing the 

vaccination prohibitions on poultry and 

hatching eggs noted that other countries 

sometimes use vaccination to help 

control H5 and H7 strains of low 

pathogenic avian influenza (LPAI). The 

commenter added that APHIS approved 

use of such vaccines to control a 2002 

outbreak of H7N2 LPAI in Virginia. 

We are making no changes based on 

this comment. Emergency vaccination 

for some avian influenza subtypes may 

be necessary to control outbreaks if 

administered under specific conditions 

and under direct control of veterinary 

authorities. However, we would not 

likely allow the export of such 

emergency vaccinated poultry from the 

United States, nor would we allow the 

importation of poultry vaccinated for 

avian influenza due to the vaccinationrelated issues discussed above. Only if 

we were to incorporate the use of 

vaccinations for H5 and H7 subtypes of 

avian influenza as routine practice 

would we reconsider modifying 

restrictions on the importation of most 

classes of poultry that have been 

vaccinated. 

Two commenters representing 

organizations affiliated with U.S. zoos 

indicated that they import live birds and 

hatching eggs from throughout the 

world for the purposes of species 

preservation and scientific study. They 

stated that the import prohibition on 

live birds and hatching eggs vaccinated 

for avian influenza would adversely 

affect their ability to import live, 

zoological birds from other countries. 

The commenters noted that some 

foreign zoos already vaccinate 

zoological birds with avian influenza 

vaccines as part of their own 

government programs. The commenters 

added, however, that their member zoos 

and other facilities maintain extensive 

biosecurity and quarantine protocols to 

ensure that any animal entering their 

collections is examined and kept in 

secure facilities to contain any potential 

disease threat. They stated that, as a 

result, the risk of introducing HPAI into 

the United States through such birds is 

low and asked that we allow 

importation of zoological birds under 

such protocols. 

We agree with these commenters and 

are amending 9 CFR 93.104(b)(4) in this 

final rule to allow live, zoological avians 

(including some species we define as 

‘poultry’) that have been vaccinated for 

H5 or H7 subtypes of avian influenza to 

be imported to approved facilities. In 

this limited exception, such avians may 

be imported under specific permit 

restrictions if they are part of an official 

program using vaccine products 

approved and used under the 

supervision of the veterinary authorities 

of the exporting country and under 

specific conditions as determined by the 

Administrator and included in the 

import permit. The avians will also be 

required to be exported with permanent 

individual identification and meet other 

certification or entry requirements, 

including official testing and quarantine 

on arrival to the United States. 

Restrictions on Imports of Bird and 

Poultry Carcasses, Meat, and Products 

From Regions Where HPAI Is 

Considered To Exist 

In the interim rule, most of the 

Newcastle disease-related provisions in 

9 CFR 94.6(b) governing importation of 

bird and poultry carcasses, and parts or 

products of carcasses, were also applied 

to importation of those items from 

regions where HPAI is considered to 

exist. Historically, nearly all foreign 

regions where HPAI is considered to 

exist have also been regions where 

Newcastle disease has existed, so until 

the interim rule was published, the 

provisions for Newcastle disease were 

being applied de facto to HPAI. In the 

interim rule, we specifically revised 

those provisions to cover HPAI 

independent of Newcastle disease. The 

increasing number of outbreaks of HPAI 

worldwide has increased the likelihood 

that the disease could emerge in a 

region where Newcastle disease has 

never existed and pose a risk to the 

United States through the importation of 

birds, poultry, or bird or poultry 

products from that region. 

While the interim rule specifically 

applied most of the import provisions 

for Newcastle disease to HPAI, it did not 

apply those in 9 CFR 94.6(b)(1) 

regarding game birds, which state that 

carcasses of game birds, if eviscerated 

with heads and feet removed, may be 

imported from regions where Newcastle 

disease is considered to exist. We stated 

in the interim rule that we would 

consider comments on whether we 

should apply the same conditions to 

importation of carcasses of game birds 

from regions with HPAI. 

A commenter stated that the interim 

rule fails to provide science-based 

information to show that the restrictions 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71001 

13 Importation of such carcasses is also subject to 

verification of the import documentation by a U.S. 

Fish and Wildlife Service (FWS) officer. 

Information on FWS requirements for bringing 

game birds can be found at: http://www.fws.gov/le/ 

hunting.html. 

14Requirements for importing bird trophies from 

regions where Newcastle disease or HPAI is 

considered to exist are addressed in 9 CFR 95.17. 

Such trophies do not require an import permit but 

are required to be moved under official seal to 

approved establishments. Entry requirements for 

bird trophies imported from regions free of 

Newcastle disease and HPAI are addressed in 9 CFR 

95.16. 

in the regulations sufficiently mitigate 

either Newcastle disease or HPAI in 

game birds. The commenter noted that 

Newcastle disease virus can be found in 

all parts of the carcass, and that removal 

of the head, feet, and viscera is 

insufficient to prevent introduction of 

the virus into the United States. The 

commenter suggested that we remove 

the Newcastle disease-based game bird 

provisions from the existing regulations 

and not extend those provisions to 

apply to game birds from HPAI regions. 

We are making no changes based on 

the comment. Our experience has 

shown the disease risk to domestic birds 

and poultry to be minimal from 

allowing entry of hunter-harvested 

carcasses of game birds, intended only 

for personal consumption and with 

head, feet, and viscera removed, from 

regions where Newcastle disease is 

considered to exist.13 The number of 

carcasses imported from such regions 

historically has been very small and the 

carcasses are prohibited from entering 

into commercial channels. However, we 

continue to evaluate the potential risk to 

domestic birds and poultry from 

allowing entry of hunter-harvested 

carcasses of game birds from regions 

where HPAI is considered to exist. If we 

determine that entry of such carcasses 

from regions with HPAI can occur with 

sufficient mitigation of risk, we will 

publish our determination in a future 

rulemaking. We note that we consider 

game bird carcasses for personal 

consumption to be distinct from game 

bird trophies, which unlike carcasses 

are allowed entry into the United States 

from regions affected by HPAI because 

we require the trophies to be consigned 

directly under official seal to approved 

establishments for processing.14

An organization representing 

scientists and others who import 

ornithological specimens for scientific 

study opposed our decision to restrict 

the importation of bird and poultry 

carcasses, parts, and products from 

regions where HPAI is considered to 

exist. The commenter stated that some 

strains of avian influenza considered to 

be highly pathogenic based on their 

molecular characteristics do not present 

signs of virulence in infected poultry. 

The commenter suggested that 

restrictions could be lifted from an 

HPAI-affected region if diagnostic tests 

of the avian influenza strain show no 

signs of virulence. 

We are making no changes to this 

final rule in response to the comment. 

It is our determination that virulence 

cannot be adequately ruled out through 

testing or a lack of observed symptoms 

in a population of birds or poultry. H5 

and H7 strains of avian influenza can 

have widely varying pathogenic effects 

on different populations of birds or 

poultry and are subject to mutations that 

can change them into virulent strains. 

However, we note that provisions exist 

for the importation of ornithological 

specimens for scientific study. 

Paragraph (b)(2) of § 94.6 allows 

carcasses, or parts or products of 

carcasses, of poultry, game birds, and 

other birds to be imported for 

consignment to any museum, 

educational institution, or other 

establishment which has provided the 

Administrator with evidence that it has 

the equipment, facilities, and 

capabilities to store, handle, process, or 

disinfect such articles so as to prevent 

the introduction or dissemination of 

Newcastle disease or HPAI into the 

United States, and which is approved by 

the Administrator. 

A consumer safety organization 

objected to the interim rule, stating that 

it was concerned that the rule lifts 

import restrictions APHIS had placed 

on all poultry products from regions 

where HPAI is considered to exist, 

particularly the People’s Republic of 

China. 

The interim rule did not lift import 

restrictions on poultry products from 

any region where HPAI is considered to 

exist. On the contrary, the interim rule 

applied the restrictions in 9 CFR 94.6(b) 

for unprocessed carcasses and parts or 

products of unprocessed carcasses of 

poultry or other birds from regions 

where Newcastle disease is considered 

to exist to regions where HPAI is 

considered to exist. These items are not 

eligible for import except when deemed 

appropriate by APHIS for scientific, 

educational, or research purposes, and 

must undergo processing conditions 

that ensure destruction of these viruses, 

if present. Carcasses of poultry or other 

birds that originated in a region 

considered to be free of Newcastle 

disease and HPAI, but that are 

processed (cut, packaged, or other 

processing) in a region where Newcastle 

disease or HPAI is considered to exist, 

are only eligible for import if they have 

been cooked or otherwise processed in 

such a way as to ensure destruction of 

Newcastle disease and avian influenza 

viruses, and if the processing 

establishments from which they come 

satisfy all the requirements in 9 CFR 

94.6(b)(5). In deciding whether to 

approve a processing establishment, we 

determine the establishment’s 

compliance with APHIS animal health 

requirements and the United States 

Department of Agriculture (USDA) Food 

Safety and Inspection Service (FSIS) 

evaluates the exporting region’s 

processing methods for products for 

human consumption under the Poultry 

Products Inspection Act. If the 

processing establishments of any 

country or region do not meet both 

APHIS and FSIS requirements, those 

establishments are not permitted to 

export bird and poultry meat and 

products to the United States. 

Cooking and Egg Pasteurization 

Requirements 

Prior to the interim rule, we required 

in 9 CFR 94.6(b) that cooked carcasses, 

parts, or products of poultry or other 

birds from regions considered to have 

Newcastle disease ‘‘have a thoroughly 

cooked appearance throughout.’’ Based 

on our review of OIE recommendations, 

we revised our cooking requirements to 

be more effective against both HPAI and 

Newcastle disease viruses. Accordingly, 

in the interim rule, we amended 9 CFR 

94.6(b)(4) to establish a single standard 

stating that the articles must be cooked 

to a minimum internal temperature 

throughout of 74 °C (165 °F). This 

requirement replaced the previous 

standard that required confirmation by 

an inspector that the poultry appeared 

to be thoroughly cooked. 

Four commenters disagreed with our 

establishment of a single cooking 

standard. One stated that application of 

any of the appropriate OIE cooking 

standards will result in products with 

negligible disease risk. Another 

commenter agreed, adding that cooking 

with the intention of eliminating avian 

influenza viruses is dependent on both 

cooking temperature and time. Another 

commenter noted that there may be 

certain products where heating to 74 °C 

is not sufficient and that for those 

products additional cooking standards 

might need to be considered. A 

commenter also requested that APHIS 

apply the cooking requirement only to 

imported bird and poultry products 

intended for consumption and not to 

products imported for scientific 

purposes, which have their own heat 

treatment requirements. 

The cooking regulations we 

established in the interim rule are 

intended to simplify the cooking 


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15http://www.aphis.usda.gov/import_export/

plants/manuals/ports/downloads/apm.pdf. See 

footnote 1, Table A–1–10. 

process by mitigating the risks of HPAI 

and Newcastle disease viruses in cooked 

poultry products under a single 

standard. We have determined that a 

cooking temperature of 74 °C is 

sufficient to mitigate both viruses. If we 

determine that the regulations need to 

be amended to allow alternative 

processing standards in products 

intended for consumption or scientific 

purposes, we will consider that change 

in a future rulemaking. We will also 

consider alternative cooking and heat 

treatment approaches that are 

scientifically supportable and meet 

international standards. We will work 

with industry and researchers to 

validate other standards and welcome 

specific information to help us develop 

such standards. We will also harmonize 

procedures with FSIS to verify that their 

public health standards are also suitable 

for inactivating HPAI and Newcastle 

disease viruses. 

Two commenters asked that we also 

include OIE egg pasteurization 

standards in the regulations. 

We do not consider it necessary to 

include such standards in the 

regulations. As with poultry meat and 

products, APHIS currently applies 

international standards for egg products 

that are validated by USDA researchers 

and harmonizes its procedures with 

FSIS whenever possible. 

Cooked Poultry Meat in Passenger 

Baggage 

One commenter noted that the 

changes to the interim rule do not 

provide clear guidance on the 

importation requirements for cooked 

poultry meat entering the United States 

in passenger baggage. The commenter 

stated that if APHIS intends to apply the 

cooking requirement that we included 

in the interim rule, then we should 

specify whether this requirement 

applies only to commercially imported 

poultry meat and poultry products, 

including table eggs, or whether it also 

extends to cooked poultry meat in 

passenger baggage. 

On the same subject, another 

commenter disagreed with how we 

implemented the change in the interim 

rule to the cooking regulations, which 

requires official certification stating that 

the proper cooking temperature had 

been applied to accompany all cooked 

carcasses, parts, or products of poultry 

or other birds entering the United States 

from regions where Newcastle disease 

or HPAI is considered to exist. The 

commenter stated that we did not 

adequately inform Department of 

Homeland Security, Customs Border 

and Protection (CBP) inspectors or the 

traveling public about this change, 

resulting in disruptions at ports of entry 

as CBP officials were not adequately 

prepared to manage the large quantity of 

uncertified cooked poultry meat and 

eggs seized in passenger baggage as a 

result of enforcement of the interim 

rule. To address this situation, a 

commenter representing an 

international restaurant chain requested 

that we amend the cooking regulations 

in 9 CFR 94.6(b)(6) to include an 

exception for perishable cooked poultry 

products intended for personal 

consumption in passenger baggage. 

After we published the new cooking 

regulations, we recognized that it was 

impractical to require passengers 

entering the country to produce a 

cooking certificate for non-commercial 

quantities of perishable, thoroughly 

cooked poultry intended for personal 

consumption. We determined from 

experience that such importations pose 

an insignificant risk to domestic birds 

and poultry. Accordingly, we published 

in the APHIS Animal Products Manual 

a directive 15 that CBP inspectors may 

permit entry of cooked and perishable 

poultry products for personal 

consumption if, in the view of the 

inspector, the products appear to be 

thoroughly cooked throughout. If the 

products do not appear in the 

inspector’s determination to be 

thoroughly cooked or intended for 

personal consumption, entry of the 

product will be denied. We believe that 

this directive is reliable since we allow 

inspectors in other cases to draw on 

their experience and judgment to 

determine whether a product is 

sufficiently processed to minimize risk. 

Accordingly, we will proceed with this 

directive but we plan to include this 

exception for cooked poultry in the 

regulations in the future. 

Table Eggs From Regions Where HPAI Is 

Considered To Exist 

One commenter noted that while the 

interim rule clearly explained how we 

changed the regulations for importing 

poultry products and byproducts from 

regions where HPAI is considered to 

exist, the regulations provide no clear 

guidance as to whether this change 

applies to table eggs and egg products 

(other than hatching eggs) from such 

regions. 

In the interim rule, we made no 

changes to 9 CFR 94.6(c), which lists 

import requirements for table eggs from 

regions where Newcastle disease is 

considered to exist. We solicited 

comments in the interim rule on 

whether a targeted testing program for 

HPAI in egg flocks in foreign regions is 

advisable and how such a program 

might be designed to provide a 

statistically valid testing regimen. We 

noted that those who wish to comment 

on this issue should also review a final 

rule we published in the Federal 

Register on April 22, 2009 

(‘‘Importation of Table Eggs From 

Regions Where Exotic Newcastle 

Disease Exists,’’ Docket No. APHIS– 

2007–0014; 74 FR 18285–18288). That 

document amended 9 CFR 94.6(c) to 

include a protocol for targeted 

Newcastle disease testing of a 

statistically valid sample of dead, dying, 

and cull birds. It would also be possible 

to create such a targeted testing program 

for HPAI, although the sample sizes, 

type of tests, and other technical details 

would vary. In the future, we intend to 

use the same process to develop 

regulations for importation of table eggs 

from HPAI regions, beginning with a 

risk assessment that reviews the testing 

options. This assessment would be 

made available for public comment. 

However, we are adding language to 

§ 94.6 (c) to clarify that table eggs from 

HPAI regions are prohibited from 

importation, except by APHIS permit to 

approved establishments for breaking 

and pasteurization, for scientific, 

educational, or research purposes, or for 

other purposes determined by the 

Administrator, provided that the eggs 

have been cooked, processed, or 

otherwise handled in a manner that will 

prevent the introduction of both 

Newcastle disease and HPAI into the 

United States. 

Three commenters recommended that 

APHIS consider adopting provisions of 

the Secure Egg Supply (SES) plan for 

imports of poultry and egg products to 

the United States, and one commenter 

recommended that we modify 9 CFR 

94.6(c) to require exporting countries to 

implement systems equivalent to the 

SES plan as a condition for continuing 

exports to the United States should 

those countries have HPAI outbreaks. 

The SES plan implements levels of 

heightened biosecurity, additional 

testing, and other emergency measures 

during a disease outbreak. 

We believe that the adoption of such 

broad emergency measures in this 

context is not necessary. Incorporating 

provisions of the SES plan into general 

guidance under normal trade conditions 

is unnecessary and would be potentially 

burdensome to domestic egg producers. 

Additional Treatments for Research 

Specimens 

A commenter interested in the 

scientific study of birds asked that we 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71003 

16The subnational regions removed include areas 

within Denmark and France (July 21, 2008); 

Germany (June 5, 2009 and September 23, 2009); 

Poland (June 5, 2009); United Kingdom (September 

23, 2009); Hungary (September 24, 2009); and the 

Czech Republic and Sweden (November 10, 2010). 17See footnote 7. 

make it easier to access approved 

treatment methods that are currently 

established as conditions for obtaining 

an import permit and requested that we 

make such information available on the 

APHIS Web site. 

For specific information regarding 

approved treatment methods, please 

contact National Import Export Services 

at (301) 851–3300, or send an email to 

AskNCIE.Products@aphis.usda.gov. A 

search engine listing approved 

establishments where such treatment 

methods are administered is available 

online at: https:// 

vsapps.aphis.usda.gov/vsps/public/ 

AESearch.do?method=unspecified. 

The same commenter requested that 

we also consider another process for 

importing untreated material of avian 

origin, noting that current treatment 

requirements somewhat degrade 

materials intended for research and 

asked that we consider establishing a 

procedure for pre-import testing of the 

material in a laboratory and with 

methods equivalent to those used by 

USDA labs. 

We welcome scientific information 

that supports other processes for testing, 

handling, and importing untreated avian 

material in such a manner that 

minimizes the risk of introducing HPAI 

or other avian diseases. Other 

procedures will be considered in the 

future on a case-by-case basis. 

Regionalization 

Two commenters, including an 

official representing the EU, stated that 

APHIS uses the term ‘‘region’’ to refer 

only to the whole territory of a country 

and not to a part of a country, and 

recommended that we include 

regionalization as part of our regulations 

to be in line with OIE recommendations. 

We currently recognize regions that 

span countries and parts of countries for 

animal disease control purposes and 

which are based on geographic 

considerations instead of national 

boundaries, as recommended by the 

OIE. In the past, APHIS has removed 

from that list several subnational 

regions consisting of either single or 

several administrative units or groups 

within the EU that were affected by 

HPAI H5N1.16

Disease Terms 

A commenter questioned our use of 

the term ‘‘exotic’’ in conjunction with 

‘‘Newcastle disease,’’ noting that it does 

not conform to OIE usage, and also 

requested that we replace the term 

‘‘European fowl plague’’ with ‘‘highly 

pathogenic avian influenza’’ in our 

regulations, noting that the latter term is 

more in line with international usage. 

APHIS agrees with the commenter’s 

suggestions. In another rulemaking,17

we have since removed the word 

‘‘exotic’’ from references to Newcastle 

disease and replaced the terms ‘‘fowl 

pest’’ and ‘‘fowl plague’’ with ‘‘highly 

pathogenic avian influenza.’’ The word 

‘‘exotic’’ is no longer a useful 

description of Newcastle disease, and 

the terms ‘‘fowl pest’’ and ‘‘fowl plague’’ 

predate identification of the avian 

influenza virus and are no longer 

commonly used in scientific discourse. 

This change is consistent with our 

previous efforts to replace these 

outdated terms in other parts of our 

regulations and reflects OIE 

terminology. 

Other Changes 

We are making other changes to the 

regulations to provide readers with 

additional information about terms we 

use in the regulations. We are adding a 

definition of approved establishment to 

9 CFR 94.0. This term refers to 

establishments authorized by APHIS for 

the receipt and handling of restricted 

imported animal carcasses, trophies, 

products, and byproducts. We are 

adding this term in order to distinguish 

such establishments from ‘‘processing 

establishments’’ that process meat, fish, 

and poultry intended for human 

consumption. We are also adding a 

definition of commercial birds to 9 CFR 

94.0 in order to distinguish birds 

imported for resale, breeding, public 

display, or any other purpose from birds 

imported for zoological or research 

purposes, performing or theatrical 

purposes, and as pets. In addition, we 

are adding a similar definition for 

commercial poultry to 9 CFR 93.200 and 

94.0 to distinguish such poultry from 

other types recognized in the 

regulations. We are also revising the 

definition of highly pathogenic avian 

influenza in 9 CFR 94.0 to harmonize it 

with OIE standards and adding that 

definition to 9 CFR 93.100, 93.200, and 

95.1, as we now use that term in those 

regulations. We are adding a definition 

of quarantine facility to 9 CFR 93.100 of 

Subpart A—Birds and 9 CFR 93.200 of 

Subpart B—Poultry because we include 

requirements for quarantine facilities in 

those subparts but provide no definition 

of the term. 

We are also amending the list of 

disease agents (anthrax, foot-and-mouth 

disease, and rinderpest) in 9 CFR 95.3 

to clarify that importation of byproducts 

taken or removed from any animal 

affected with Newcastle disease or HPAI 

are specifically prohibited. Under 

amended 9 CFR 95.17 we will allow 

products such as bird trophies from 

HPAI regions to be consigned directly to 

an approved establishment, as is 

currently the case with bird trophies 

from regions with Newcastle disease. 

Such trophies consigned directly to an 

approved establishment do not require 

an import permit. Therefore, we are 

removing 9 CFR 95.41 from the 

regulations because the import permit 

required in that section specifically for 

bird trophies from HPAI regions is no 

longer necessary. 

Finally, we are correcting an incorrect 

reference in § 94.6. Currently, paragraph 

(c)(3) states the requirements for the 

importation of eggs for scientific, 

educational, or research purposes and 

that the eggs must be accompanied by 

a permit obtained from APHIS in 

accordance with paragraph (f) of that 

section. Paragraph (f) was removed in a 

prior rulemaking and the instructions 

for obtaining a permit are currently 

contained in paragraph (d). We are 

correcting that reference. 

Addition of Bhutan to the List of 

Regions in Which HPAI Is Considered 

To Exist 

We are also announcing that we have 

added Bhutan to the list of regions 

referenced in 9 CFR 94.6(a)(2)(i) in 

which HPAI is considered to exist 

because we have determined that HPAI 

exists in commercial birds or poultry in 

the country based on veterinary reports 

of disease outbreaks. 

Therefore, for the reasons given in the 

interim rule and in this document, we 

are adopting the interim rule as a final 

rule, with the changes discussed in this 

document. 

Effective Date 

Pursuant to the administrative 

procedure provisions in 5 U.S.C. 553, 

we find good cause for making this rule 

effective less than 30 days after 

publication in the Federal Register. The 

interim rule adopted as final by this rule 

became effective on January 24, 2011. 

This rule relieves a restriction in the 

interim rule that prohibits the import of 

birds vaccinated for avian influenza 

subtypes H5 or H7 by permitting the 

import of vaccinated zoological birds to 

approved facilities under controlled 

conditions. This rule also relieves a 

restriction that prohibits the importation 

of HPAI-resistant pigeons, doves, and 

other Columbiform species by 

permitting the import of such species, 


rljohnson on DSK3VPTVN1PROD with RULES
71004 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

under permit and controlled conditions, 

from regions where HPAI is considered 

to exist. Therefore, the Administrator of 

the Animal and Plant Health Inspection 

Service has determined that this rule 

should be effective upon 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. 

We have prepared an economic 

analysis for this rule. The economic 

analysis, which is summarized below, 

examines the potential economic effects 

of this rule on small entities, as required 

by the Regulatory Flexibility Act. Copies 

of the full analysis are available on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

To prevent the introduction of HPAI 

into the United States, APHIS published 

an interim rule that amended the 

regulations in 9 CFR parts 93, 94, and 

95 to prohibit or restrict the importation 

of birds and poultry products from 

regions where HPAI exists. APHIS is 

adopting the rule with changes: The 

final rule will allow the importation of 

live zoological birds vaccinated for 

HPAI under controlled conditions to 

approved facilities and allow the 

importation of pigeons, doves, and other 

Columbiform species resistant to HPAI 

under permit and controlled conditions 

from regions where HPAI is considered 

to exist. 

Because of the substantial overlap 

between existing restrictions to prevent 

the importation of articles that could 

introduce Newcastle disease and the 

new restrictions to prevent the 

importation of articles that could 

introduce HPAI, this final rule is not 

expected to have significant economic 

impacts on small entities. The rule will 

benefit U.S. poultry and egg producers 

by protecting domestic flocks against 

the introduction of HPAI. Consumers 

and importers will not be significantly 

affected by any changes in imports that 

may result because of the rule, as 

poultry and poultry product imports are 

minor compared to domestic 

production. Compliance costs will be 

incurred only with respect to imports 

from regions where HPAI is discovered 

and there are no existing restrictions for 

HPAI or Newcastle disease. 

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 rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Has no retroactive 

effect and (2) does not require 

administrative proceedings before 

parties may file suit in court challenging 

this rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the information collection or 

recordkeeping requirements included in 

this rule have been approved by the 

Office of Management and Budget 

(OMB) under OMB control number 

0579–0245 (formerly 0579–0367). 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Ms. Kimberly 

Hardy, APHIS’ Information Collection 

Coordinator, at (301) 851–2727. 

List of Subjects 

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. 

Accordingly, the interim rule 

amending 9 CFR parts 93, 94, and 95 

that was published at 76 FR 4046–4056 

on January 24, 2011, is adopted as a 

final rule with the following changes: 

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 

■ 1. 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. 

■ 2. Section 93.100 is amended by 

adding, in alphabetical order, 

definitions of highly pathogenic avian 

influenza (HPAI) and quarantine facility 

to read as follows: 

§ 93.100 Definitions. 

* * * * * 

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 or 

inoculation of 10 susceptible 4- to 8- 

week-old chickens resulting in an 

intravenous pathogenicity index (IVPI) 

of greater than 1.2; 

(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 within 10 days. 

* * * * * 

Quarantine facility. A USDA facility, 

or a private facility approved by APHIS, 

for the secure housing of imported 

birds, poultry, or other animals for 

specified periods. 

* * * * * 

■ 3. Section 93.101 is amended as 

follows: 

■ a. In paragraph (a), by revising the last 

sentence; 

■ b. In paragraph (c)(4)(i), by adding the 

words ‘‘highly pathogenic avian 

influenza,’’ before the words ‘‘Newcastle 

disease’’; 

■ c. In paragraph (g)(2), by adding the 

words ‘‘highly pathogenic avian 

influenza and’’ before the words 

‘‘Newcastle disease’’; 

■ d. By revising footnote 7; 

■ e. In paragraph (g)(3), by adding the 

words ‘‘highly pathogenic avian 

influenza and’’ before the words 


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‘‘Newcastle disease’’ the first and 

second time they appear, and by adding 

the words ‘‘highly pathogenic avian 

influenza or’’ before the words 

‘‘Newcastle disease’’ the third and 

fourth time they appear; and 

■ f. In paragraph (g)(4), by adding the 

words ‘‘highly pathogenic avian 

influenza and’’ before the words 

‘‘Newcastle disease’’. 

The revisions read as follows: 

§ 93.101 General prohibitions; exceptions. 

(a) * * * Unless otherwise indicated 

in the regulations, no live birds, and no 

hatching eggs from birds, shall be 

imported into the United States if the 

birds have originated from a region 

referenced in § 94.6(a) of this subchapter 

where highly pathogenic avian 

influenza or Newcastle disease is known 

to exist in commercial poultry 

populations, have transited highly 

pathogenic avian influenza- or 

Newcastle disease-affected regions, or 

have been vaccinated for the H5 or H7 

subtype of avian influenza. 

* * * * * 7Such tests are conducted according 

to protocols for highly pathogenic avian 

influenza and Newcastle disease which 

are available upon request from the 

Administrator. 

■ 4. Section 93.104 is amended as 

follows: 

■ a. In paragraphs (b)(2) and (b)(3), by 

adding the words ‘‘highly pathogenic 

avian influenza,’’ before the word 

‘‘chlamydiosis’’; 

■ b. By revising paragraph (b)(4); 

■ c. In paragraph (b)(5), by adding the 

words ‘‘highly pathogenic avian 

influenza or’’ before the words 

‘‘Newcastle disease’’; 

■ d. In paragraph (b)(6), by adding the 

words ‘‘originated from or’’ before the 

words ‘‘been moved through a region 

identified in accordance with § 94.6(a) 

of this subchapter as a region where 

highly pathogenic avian influenza 

exists;’’; 

■ e. In paragraph (b)(7), by removing the 

words ‘‘previously unused containers’’ 

and adding the words ‘‘new or 

appropriately sanitized packaging 

materials’’ in their place; 

■ f. In paragraphs (c)(3) and (c)(4), by 

adding the words ‘‘highly pathogenic 

avian influenza,’’ before the word 

‘‘chlamydiosis’’; 

■ g. In paragraph (c)(6), by adding the 

words ‘‘highly pathogenic avian 

influenza or’’ before the words 

‘‘Newcastle disease’’; 

■ h. In paragraph (c)(7), by adding the 

words ‘‘originated from or’’ before the 

words ‘‘been moved through a region 

identified in accordance with § 94.6(a) 

of this subchapter as a region where 

highly pathogenic avian influenza 

exists;’’; 

■ i. In paragraph (c)(11), by removing 

the words ‘‘previously unused 

containers’’ and adding the words ‘‘new 

or appropriately sanitized packaging 

materials’’ in their place; 

■ j. In paragraphs (d)(3) and (d)(4), by 

adding the words ‘‘highly pathogenic 

avian influenza,’’ before the word 

‘‘chlamydiosis’’; 

■ k. In paragraph (d)(5), by adding the 

words ‘‘highly pathogenic avian 

influenza or’’ before the words 

‘‘Newcastle disease’’; and 

■ l. In paragraph (d)(7), by removing the 

words ‘‘previously unused containers’’ 

and adding the words ‘‘new or 

appropriately sanitized packaging 

materials’’ in their place. 

The revision reads as follows: 

§ 93.104 Certificate for pet birds, 

commercial birds, zoological birds, and 

research birds. 

* * * * * 

(b) * * * 

(4) That the birds have not been 

vaccinated with a vaccine for the H5 or 

H7 subtype of avian influenza; however, 

zoological birds that have been 

vaccinated for avian influenza subtypes 

H5 or H7 as part of an official program, 

using vaccine products approved and 

used under supervision by the 

veterinary authorities of the exporting 

country, may be imported under 

specific conditions as determined by the 

Administrator and specified in an 

import permit. Such birds must be 

exported with permanent individual 

identification and meet the other 

requirements for entry under this part, 

and will be subject to official testing and 

quarantine on arrival to the United 

States. 

* * * * * 

■ 5. Section 93.106 is amended as 

follows: 

■ a. In paragraph (b)(3), by adding the 

words ‘‘highly pathogenic avian 

influenza and’’ before the words 

‘‘Newcastle disease’’; 

■ b. In paragraph (c)(3)(ii)(E), by 

revising the last sentence; 

■ c. In paragraphs (c)(5)(iii)(A)(14) and 

(c)(5)(iii)(A)(17), by adding the words 

‘‘highly pathogenic avian influenza or’’ 

before the words ‘‘Newcastle disease’’; 

and 

■ d. In paragraphs (c)(5)(iii)(B)(4) and 

(c)(5)(iii)(B)(5), by adding the words 

‘‘highly pathogenic avian influenza or’’ 

before the words ‘‘Newcastle disease’’. 

The revision reads as follows: 

§ 93.106 Quarantine requirements. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) * * * 

(E) * * * If Newcastle disease or 

highly pathogenic avian influenza is 

found or detected among any birds in 

quarantine, all birds in the facility shall 

be destroyed or refused entry and the 

entire facility shall be thoroughly 

cleaned and then disinfected as directed 

under the supervision of an inspector. 

* * * * * 

■ 6. Section 93.200 is amended by 

adding, in alphabetical order, 

definitions of commercial poultry, 

highly pathogenic avian influenza 

(HPAI), and quarantine facility to read 

as follows: 

§ 93.200 Definitions. 

* * * * * 

Commercial poultry. Chickens, doves, 

ducks, geese, grouse, guinea fowl, 

partridges, pea fowl, pheasants, pigeons, 

quail, swans, and turkeys (including 

eggs for hatching) which are imported 

for resale, breeding, public display, or 

any other commercial purpose. 

* * * * * 

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 or 

inoculation of 10 susceptible 4- to 8- 

week-old chickens resulting in an 

intravenous pathogenicity index (IVPI) 

of greater than 1.2; 

(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 within 10 days. 

* * * * * 

Quarantine facility. A USDA facility, 

or a private facility approved by APHIS, 

for the secure housing of imported 

birds, poultry, or other animals for 

specified periods. 

* * * * * 

■ 7. Section 93.201 is amended as 

follows: 

■ a. In paragraph (a), by revising the last 

sentence of the paragraph; and 

■ b. By adding paragraph (e). 

The revision and addition read as 

follows: 


rljohnson on DSK3VPTVN1PROD with RULES
71006 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

§ 93.201 General prohibitions; exceptions. 

(a) * * * Unless otherwise indicated 

in the regulations, no live poultry, and 

no hatching eggs from poultry, shall be 

imported into the United States if the 

poultry have originated from a region 

referenced in § 94.6(a) of this subchapter 

where highly pathogenic avian 

influenza or Newcastle disease is known 

to exist in commercial poultry 

populations, have transited highly 

pathogenic avian influenza- or 

Newcastle disease-affected regions, or 

have been vaccinated for the H5 or H7 

subtype of avian influenza. 

* * * * * 

(e) Pigeons, doves, and other 

Columbiform species that have 

originated from or transited regions 

where highly pathogenic avian 

influenza is considered to exist may be 

imported into the United States under 

permit and controlled conditions to 

approved establishments subject to all 

applicable requirements in this part. 

* * * * * 

■ 8. Paragraphs (a) and (b) of § 93.205 

are revised to read as follows: 

§ 93.205 Certificate for live poultry and 

hatching eggs. 

(a) Live poultry. (1) All live poultry, 

except eggs for hatching, offered for 

importation from any region of the 

world shall be accompanied by a 

certificate stating that such poultry and 

their flock or flocks of origin were 

inspected on the premises of origin 

immediately before the date of 

movement from such region and that 

they were then found to be free of 

evidence of communicable diseases of 

poultry. The certificate shall also state 

that, as far as it has been possible to 

determine, during the 90 days prior to 

movement, the poultry were not 

exposed to communicable diseases of 

poultry and the premises were not in 

any area under quarantine. The 

certificate shall also state that the 

poultry have not been vaccinated with 

a vaccine for the H5 or H7 subtype of 

avian influenza. The certificate shall 

also state that the poultry have been 

kept in the region from which they are 

offered for importation since they were 

hatched, or for at least 90 days 

immediately preceding the date of 

movement, that the poultry have not 

originated from or have been moved 

through a region referenced in § 94.6(a) 

of this subchapter as a region where any 

form of highly pathogenic influenza 

exists, and that, as far as it has been 

possible to determine, no case of highly 

pathogenic avian influenza or Newcastle 

disease occurred on the premises where 

such poultry were kept, or on adjoining 

premises, during that 90-day period. 

The certificate must also state that the 

birds were placed into new or 

appropriately sanitized packaging 

materials at the premises from which 

the birds were to be exported. 

(2) Live poultry certificates 

accompanying pigeons, doves, and other 

Columbiform species that have 

originated from or been moved through 

regions where highly pathogenic avian 

influenza is considered to exist must 

additionally state that the Columbiform 

species have been moved and handled 

under conditions specified on the 

import permit ensuring that their 

movement and handling involved no 

direct or indirect exposure to other 

animals, birds, and poultry. 

(b) Hatching eggs. All eggs for 

hatching offered for importation from 

any part of the world shall be 

accompanied by a certificate stating that 

the flock or flocks of origin were found 

upon inspection to be free from 

evidence of communicable diseases of 

poultry, the hatching eggs are from 

poultry that have not been vaccinated 

with a vaccine for the H5 or H7 subtype 

of avian influenza, that during the 90 

days prior to movement, the flock or 

flocks of origin were not exposed to 

communicable diseases of poultry and 

the premises were not in any area under 

quarantine, and that the hatching eggs 

and the flock or flocks of origin have not 

originated in or been moved through a 

region referenced in accordance with 

§ 94.6(a) of this subchapter as a region 

where any form of highly pathogenic 

avian influenza exists. The certificate 

must also state that the hatching eggs 

were placed into new or appropriately 

sanitized packaging materials at the 

premises from which the hatching eggs 

were to be exported. 

* * * * * 

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 

■ 9. 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. 

■ 10. Section 94.0 is amended as 

follows: 

■ a. By adding, in alphabetical order, 

definitions of approved establishment, 

commercial birds, and commercial 

poultry; and 

■ b. By revising the definition of highly 

pathogenic avian influenza. 

The additions and revision read as 

follows: 

§ 94.0 Definitions. 

* * * * * 

Approved establishment means an 

establishment authorized by Veterinary 

Services for the receipt and handling of 

restricted imported animal carcasses, 

products, and byproducts. 

* * * * * 

Commercial birds. Birds that are 

imported for resale, breeding, public 

display, or any other purpose, except 

pet birds, zoological birds, research 

birds, or performing or theatrical birds. 

Commercial poultry. Chickens, doves, 

ducks, geese, grouse, guinea fowl, 

partridges, pea fowl, pheasants, pigeons, 

quail, swans, and turkeys (including 

eggs for hatching) which are imported 

for resale, breeding, public display, or 

any other commercial purpose. 

* * * * * 

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 or 

inoculation of 10 susceptible 4- to 8- 

week-old chickens resulting in an 

intravenous pathogenicity index (IVPI) 

of greater than 1.2; 

(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 within 10 days. 

* * * * * 

■ 11. Section 94.6 is amended as 

follows: 

■ a. By revising paragraph (a)(1)(i); 

■ b. In paragraph (a)(1)(ii), in the first 

sentence, by adding the word 

‘‘referenced’’ after the word ‘‘list’’; 

■ c. In paragraph (b)(2), by adding the 

words ‘‘from regions where Newcastle 

disease or HPAI are considered to exist’’ 

after the words ‘‘and other birds’’; 

■ d. In the heading and introductory 

text of paragraph (c), by adding the 

words ‘‘or HPAI’’ after the words 

‘‘Newcastle disease’’ each time they 

occur; 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71007 

■ e. In paragraphs (c)(1)(ix) introductory 

text, (c)(1)(ix)(A), and (c)(1)(ix)(B), by 

adding the words ‘‘or HPAI’’ after the 

words ‘‘Newcastle disease’’ each time 

they occur; 

■ f. In paragraph (c)(1)(ix)(C), in the first 

sentence, by adding the words ‘‘region 

free of HPAI, or from a’’ before the 

words ‘‘flock of origin’’; 

■ g. In paragraph (c)(2), by adding the 

words ‘‘and HPAI’’ after the words 

‘‘Newcastle disease’’; 

■ h. In paragraph (c)(3), by adding the 

words ‘‘and HPAI’’ after the words 

‘‘Newcastle disease’’ each time they 

occur, and by removing the words 

‘‘paragraph (f)’’ and adding the words 

‘‘paragraph (d)’’ in their place; and 

■ i. In paragraph (c)(4), by removing the 

words ‘‘paragraph (f)’’ and adding the 

words ‘‘paragraph (d)’’ in their place. 

The revision reads 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) A list of such regions is maintained 

on the APHIS National Import Export 

Services Web site at http://

www.aphis.usda.gov/import_export/

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

upon request to Regional Evaluation 

Services, National Import Export 

Services, Veterinary Services, Animal 

and Plant Health Inspection Service, 

4700 River Road Unit 38, Riverdale, 

Maryland 20737; fax: (301) 851–3300; 

email: AskNCIE.Products@

aphis.usda.gov. 

* * * * * 

PART 95—SANITARY CONTROL OF 

ANIMAL BYPRODUCTS (EXCEPT 

CASINGS), AND HAY AND STRAW, 

OFFERED FOR ENTRY INTO THE 

UNITED STATES 

■ 12. 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. 

■ 13. Section 95.1 is amended by 

adding, in alphabetical order, the 

definition of highly pathogenic avian 

influenza (HPAI) to read as follows: 

§ 95.1 Definitions. 

* * * * * 

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 or 

inoculation of 10 susceptible 4- to 8- 

week-old chickens resulting in an 

intravenous pathogenicity index (IVPI) 

of greater than 1.2; 

(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 within 10 days. 

* * * * * 

§ 95.3 [Amended] 

■ 14. Section 95.3 is amended by adding 

the words ‘‘highly pathogenic avian 

influenza, Newcastle disease,’’ after the 

words ‘‘foot-and-mouth disease,’’. 

§ 95.16 [Amended] 

■ 15. Section 95.16 is amended as 

follows: 

■ a. In the introductory text, by 

removing the citation ‘‘§ 95.6’’ and 

adding the citation ‘‘§ 95.17’’ in its 

place; and 

■ b. In footnote 1, by removing the 

citation ‘‘§ 95.41’’ and adding the 

citation ‘‘§ 95.17’’ in its place. 

§ 95.17 [Amended] 

■ 16. In § 95.17, paragraph (c) is 

amended by adding the word ‘‘highly 

pathogenic avian influenza,’’ after the 

words ‘‘African swine fever,’’. 

§ 95.23 [Amended] 

■ 17. In § 95.23, paragraph (c) is 

amended by removing the word ‘‘and’’ 

after the words ‘‘foot-and-mouth 

disease,’’ and by adding the words 

‘‘highly pathogenic avian influenza, and 

Newcastle disease,’’ after the word 

‘‘rinderpest,’’. 

§ 95.41 [Removed] 

■ 18. Section 95.41 is removed. 

Done in Washington, DC, this 25th day of 

November 2014. 

Jere L. Dick, 

Associate Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2014–28244 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 317 and 381 

[Docket No. FSIS–2014–0042] 

RIN 0583–AD05 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is establishing 

January 1, 2018, as the uniform 

compliance date for new meat and 

poultry product labeling regulations that 

are issued between January 1, 2015, and 

December 31, 2016. FSIS periodically 

announces uniform compliance dates 

for new meat and poultry product 

labeling regulations to minimize the 

economic impact of label changes. 

DATES: This rule is effective December 1, 

2014. Comments on this final rule must 

be received on or before December 31, 

2014. 

ADDRESSES: FSIS invites interested 

persons to submit relevant comments on 

this final rule. Comments may be 

submitted by the following methods: 

• Federal eRulemaking Portal: This 

Web site provides the ability to type 

short comments directly into the 

comment field on this Web page or 

attach a file for lengthier comments. Go 

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

the online instructions at that site for 

submitting comments. 

• Mail, including CD–ROMs: Send to 

Docket Clerk, U.S. Department of 

Agriculture (USDA), FSIS, OPPD, 

Patriots Plaza 3, 1400 Independence 

Avenue SW., Mailstop 3782, Room 8– 

163A, Washington, DC 20250–3700. 

• Hand- or courier-delivered items: 

Send to Docket Clerk, U.S. Department 

of Agriculture (USDA), FSIS, OPPD, 

Patriots Plaza 3, 355 E Street SW., Room 

8–163A, Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2014–0042. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to http://

www.regulations.gov/. 

Docket: For access to background 

documents or comments received, go to 

the FSIS Docket Room at Patriots Plaza 

3, 355 E Street SW., Room 8–164, 

Washington, DC 20250–3700 between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday. 


rljohnson on DSK3VPTVN1PROD with RULES