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contains regulatory documents having general

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Rules and Regulations Federal Register

5043

Vol. 70, No. 20

Tuesday, February 1, 2005

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. 04–091–1] 

Add Malaysia to List of Regions in 

Which Highly Pathogenic Avian 

Influenza Subtype H5N1 Is Considered 

To Exist

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations concerning the importation 

of animals and animal products by 

adding Malaysia to the list of regions in 

which highly pathogenic avian 

influenza (HPAI) subtype H5N1 is 

considered to exist. We are taking this 

action because there has been an 

outbreak of HPAI subtype H5N1 in 

Malaysia. This action is necessary to 

prevent the introduction of HPAI 

subtype H5N1 into the United States.

DATES: This interim rule was effective 

August 7, 2004. We will consider all 

comments that we receive on or before 

April 4, 2005.

ADDRESSES: You may submit comments 

by any of the following methods: 

• EDOCKET: Go to http://

www.epa.gov/feddocket to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once you have 

entered EDOCKET, click on the ‘‘View 

Open APHIS Dockets’’ link to locate this 

document. 

• Postal Mail/Commercial Delivery:

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 04–091–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 04–091–1. 

• E-mail: Address your comment to 

regulations@aphis.usda.gov. Your 

comment must be contained in the body 

of your message; do not send attached 

files. Please include your name and 

address in your message and ‘‘Docket 

No. 04–091–1’’ on the subject line. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for locating this docket 

and submitting comments. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

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

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: You may view 

APHIS documents published in the 

Federal Register and related 

information, including the names of 

groups and individuals who have 

commented on APHIS dockets, on the 

Internet at http://www.aphis.usda.gov/

ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. 

Julie Garnier, Staff Veterinarian, 

Technical Trade Issues Team, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road Unit 39, 

Riverdale, MD 20737–1231; (301) 734–

5677.

SUPPLEMENTARY INFORMATION: 

Background 

The Animal and Plant Health 

Inspection Service (APHIS) of the 

United States Department of Agriculture 

(USDA or the Department) regulates the 

importation of animals and animal 

products into the United States to guard 

against the introduction of animal 

diseases. The regulations in 9 CFR parts 

93, 94, and 95 (referred to below as the 

regulations) govern the importation of 

certain animals, birds, poultry, meat, 

other animal products and byproducts, 

hay, and straw into the United States in 

order to prevent the introduction of 

various animal diseases, including avian 

influenza (AI). 

There are many strains of AI virus 

that can cause varying degrees of 

clinical illness in poultry such as 

chickens, turkeys, pheasants, quail, 

ducks, geese, and guinea fowl, as well 

as a wide variety of other birds. AI 

viruses can be classified into low 

pathogenic (LPAI) and highly 

pathogenic (HPAI) forms based on the 

severity of the illness they cause. Most 

AI virus strains are LPAI and typically 

cause little or no clinical signs in 

infected birds. However, some LPAI 

virus strains are capable of mutating 

under field conditions into HPAI 

viruses. 

HPAI is an extremely infectious and 

fatal form of the disease for chickens. 

HPAI can strike poultry quickly without 

any infection warning signs and, once 

established, the disease can spread 

rapidly from flock to flock. HPAI viruses 

can also be spread by manure, 

equipment, vehicles, egg flats, crates, 

and people whose clothing or shoes 

have come in contact with the virus. 

HPAI viruses can remain viable at 

moderate temperatures for long periods 

in the environment and can survive 

indefinitely in frozen material. One 

gram of contaminated manure can 

contain enough virus to infect 1 million 

birds.

In some instances, strains of HPAI 

viruses can be infectious to people. 

Human infections with AI viruses under 

natural conditions have been 

documented in recent years. Since 

December 2003, a growing number of 

Southeast Asian countries have reported 

outbreaks of HPAI responsible for the 

deaths of millions of birds and at least 

22 humans. 

The rapid spread of HPAI, with 

outbreaks occurring at the same time in 

a number of regions, is historically 

unprecedented and of growing concern 

for human and animal health. 

According to the World Health 

Organization, particularly alarming is 

the HPAI strain of most of these 

outbreaks, H5N1, which has crossed the 

species barrier and caused severe 

disease, with high mortality, in humans. 

The current AI outbreaks have caused 

significant concern among health 

authorities worldwide because of the 

potential for the human and avian flu 

viruses to swap genes, creating a new 

virus to which humans would have 

little or no immunity. 

5044 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

On May 10, 2004 (69 FR 25820–

25826, Docket No. 04–011–1), we 

published an interim rule that amended 

the regulations to, among other things, 

establish additional restrictions on the 

importation of birds and poultry and 

unprocessed bird and poultry products 

from regions where HPAI subtype H5N1 

is considered to exist. The interim rule 

also added to the regulations a list of 

regions (Cambodia, China, Indonesia, 

Japan, Laos, South Korea, Thailand, and 

Vietnam) in which HPAI subtype H5N1 

is considered to exist. 

On August 19, 2004, Malaysia alerted 

the World Organization for Animal 

Health and the United States that an 

outbreak of HPAI subtype H5N1 had 

occurred in that country. The outbreak 

occurred in the northeastern State of 

Kelantan, close to the border with 

Thailand, a country where the presence 

of the disease has already been 

confirmed. Currently, control measures 

for the disease in Malaysia include 

depopulation of all poultry and birds 

within a 1-kilometer radius of the 

infected flock, quarantine within 10 

kilometers of the infected flock, 

movement restrictions, and clinical 

surveillance in the State of Kelantan. 

Therefore, in order to prevent the 

introduction of HPAI subtype H5N1 into 

the United States, we are amending the 

regulations by adding Malaysia to the 

list in § 94.6(d) of regions where HPAI 

subtype H5N1 exists. We are making 

this action effective retroactively to 

August 7, 2004, which is the date that 

Malaysian veterinary authorities 

estimate to be the date of primary 

infection. As a result of this action, the 

importation into the United States of 

birds, poultry, and unprocessed bird 

and poultry products from Malaysia is 

restricted and U.S. origin pet birds and 

performing or theatrical birds and 

poultry returning to the United States 

from Malaysia will be subject to 

additional permit and quarantine 

requirements. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the 

introduction of HPAI subtype H5N1 into 

the United States. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this rule effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule.

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

This rule amends the regulations by 

adding Malaysia to the list of regions in 

which HPAI subtype H5N1 is 

considered to exist. This action is 

necessary on an emergency basis to 

prevent the introduction of HPAI, 

subtype H5N1 into the United States. 

The U.S. does not recognize Malaysia 

as free of exotic Newcastle disease, thus 

the importation of poultry and nonprocessed poultry products from 

Malaysia is restricted. The United 

States, Canada, and Mexico imported no 

live poultry, poultry meat, eggs, or 

feathers from Malaysia in 2003/2004. 

The only exception was two commercial 

shipments, consisting of 6,791 and 

9,646 pet birds, respectively, which 

were imported from Malaysia in October 

2003 and February 2004. Both 

shipments consisted of assorted finches. 

Live birds are quarantined in U.S. ports 

prior to clearance for entry into the 

country, during which time testing for 

infectious diseases, including AI, takes 

place. 

Since no live poultry or poultry 

products are imported from Malaysia at 

this time, it is unlikely that this interim 

rule will have any substantial effects on 

trade, or on small or large businesses. 

APHIS also does not anticipate 

significant changes in program 

operations, or effects on other Federal 

agencies, State governments, or local 

governments. 

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) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has 

retroactive effect to August 7, 2004; and 

(3) does not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

This 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 in 9 CFR Part 94 

Animal diseases, Imports, Livestock, 

Meat and meat products, Milk, Poultry 

and poultry products, Reporting and 

recordkeeping requirements.

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL 

PLAGUE), EXOTIC NEWCASTLE 

DISEASE, AFRICAN SWINE FEVER, 

CLASSICAL SWINE FEVER, AND 

BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS

■ 1. The authority citation for part 94 

continues to read as follows:

Authority: 7 U.S.C. 450, 7701–7772, and 

8301–8317; 21 U.S.C. 136 and 136a; 31 

U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

§ 94.6 [Amended]

■ 2. In § 94.6, paragraph (d) is amended 

by adding the word ‘‘Malaysia,’’ after the 

word ‘‘Laos,’’.

Done in Washington, DC, this 26th day of 

January 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 05–1796 Filed 1–31–05; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[TD 9170] 

RIN 1545–BD99

Section 1374 Effective Dates; 

Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document corrects 

temporary regulations (TD 9170) that 

were published in the Federal Register

on Wednesday, December 22, 2004 (69 

FR 76612), that provide guidance 

concerning the applicability of section 

1374 to S corporations that acquire 

assets in carryover basis transactions 

from C corporations on or after 

December 27, 1994, and to certain 

corporations that terminate S