This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

27006 

Vol. 74, No. 107 

Friday, June 5, 2009 

1To view the notice, the assessments, and the 

comment we received, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2008-0121. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2008–0121] 

Notice of Determination of the High 

Pathogenicity Avian Influenza Subtype 

H5N1 Status of Germany and Poland 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination regarding the high 

pathogenicity avian influenza (HPAI) 

subtype H5N1 status of Germany and 

Poland following outbreaks in 2006 and 

2007. Based on assessments of the 

animal health status of the two 

countries, which we made available to 

the public for review and comment 

through a previous notice, the 

Administrator has determined that the 

importation of live birds, poultry 

carcasses, parts or products of poultry 

carcasses, and eggs (other than hatching 

eggs) of poultry, game birds, and other 

birds from either Germany (except 

Saxony, Germany) or Poland presents a 

low risk of introducing HPAI H5N1 into 

the United States. 

DATES: Effective Date: This 

determination will be effective on June 

22, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Regionalization 

Evaluation Services Staff, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road, Unit 38, 

Riverdale, MD 20737–1231; (301) 734– 

0756. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 2, 2009, we published in 

the Federal Register (74 FR 69–70) a 

notice 1 in which we announced the 

availability for review and comment of 

assessments of the animal health status 

of Germany and Poland relative to high 

pathogenicity avian influenza (HPAI) 

subtype H5N1. In the assessments, titled 

‘‘APHIS’ Evaluation of the Status of 

High Pathogenicity Avian Influenza 

H5N1 (HPAI H5N1) in Germany’’ 

(October 2008) and ‘‘APHIS’ Evaluation 

of the Status of High Pathogenicity 

Avian Influenza H5N1 virus in Poland’’ 

(October 2008), we presented the results 

of our evaluation of the prevalence of 

HPAI H5N1 in domestic poultry in the 

two countries in light of the actions 

taken by German and Polish animal 

health authorities during and since the 

outbreaks of HPAI H5N1 that occurred 

in those two regions in 2006 and 2007. 

Our assessments concluded that both 

Germany and Poland had adequate 

detection and control measures in place 

at the time of the outbreaks, that they 

have been able to effectively control and 

eradicate HPAI H5N1 in their domestic 

poultry populations since that time, and 

that both German and Polish animal 

health authorities have control measures 

in place to rapidly identify, control, and 

eradicate the disease should it be 

reintroduced into Germany or Poland in 

either wild birds or domestic poultry. 

In our January 2009 notice we stated 

that, if we could identify no additional 

risk factors that would indicate that 

domestic poultry in either Germany or 

Poland continue to be affected with 

HPAI H5N1 by the end of the comment 

period, we would conclude that the 

importation of live birds, poultry 

carcasses, parts of carcasses, and eggs 

(other than hatching eggs) of poultry, 

game birds, or other birds from regions 

of Germany and Poland presents a low 

risk of introducing HPAI H5N1 into the 

United States. 

We solicited comments on the notice 

for 30 days ending on February 2, 2009. 

We received one comment on our 

assessments, from the Ministry of 

Agriculture and Rural Development of 

the Republic of Poland. The commenter 

agreed with our findings. Based on the 

comment we received, no changes were 

made to the evaluations. 

Therefore we are removing our 

prohibition on the importation of these 

products from Germany (except Saxony, 

Germany) and Poland into the United 

States. Specifically: 

• We are no longer requiring that 

processed poultry products from 

Germany (except Saxony, Germany) and 

Poland be accompanied by a Veterinary 

Service import permit and government 

certification confirming that the 

products have been treated according to 

APHIS requirements; 

• We are allowing unprocessed 

poultry products from Germany (except 

Saxony, Germany) and Poland to enter 

the United States in passenger luggage; 

and 

• We are removing restrictions 

regarding the regions in Germany 

(except Saxony, Germany) and Poland 

from which processed poultry products 

may originate in order to be allowed 

entry into the United States in passenger 

luggage. 

However, live birds from Germany 

and Poland are still subject to the 

inspections at ports of entry and postimportation quarantines set forth in 9 

CFR part 93, unless granted an 

exemption by the Administrator or 

destined for diagnostic purposes and 

accompanied by a limited permit. 

Additionally, in our January 2009 

notice, we stated that for Germany, we 

would maintain the restrictions we 

imposed in response to a subsequent 

October 2008 outbreak until the 

European Commission lifted the 

restrictions it had imposed in response 

to that outbreak, at which point we 

would reevaluate the HPAI H5N1 status 

of the district of Go ̈rlitz in Saxony. 

The restrictions put in place by the 

European Commission on October 9, 

2008, in response to the presence of 

HPAI H5N1 in a single flock of mixed 

species of domestic poultry in the 

district of Go ̈rlitz in Saxony, were lifted 

on November 13, 2008, following 

extensive surveillance and 

epidemiologic investigations. 

Accordingly, we are publishing a notice 

in today’s issue of the Federal Register, 

in which we make available, for review 

and comment, our assessment of the 

HPAI H5N1 status of Saxony, Germany. 

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. 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Notices 27007 

Done in Washington, DC, this 1st day of 

June 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–13154 Filed 6–4–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of New Fee Site; Federal Lands 

Recreation Enhancement Act (Title VIII, 

Pub. L. 108–447) 

AGENCY: Coronado National Forest, 

USDA Forest Service, Tucson, Arizona. 

ACTION: Notice of new fee site. 

SUMMARY: The Coronado National Forest 

proposes to begin charging a new 

$150.00 per day fee for rental of the 

Kent Springs Cabin, located in Madera 

Canyon, 15 miles west of Green Valley, 

Arizona. Rental of the Cabin includes 

overnight use. Rental of other facilities 

within the Arizona National Forests has 

shown that the public appreciates and 

enjoys the availability of historic rental 

facilities. Funds from the rentals will be 

used for the continued operation and 

maintenance of the Kent Springs Cabin. 

DATES: Kent Springs Cabin will become 

available for rent April, 2010. 

ADDRESSES: Coronado National Forest, 

300 West Congress, Tucson, AZ 85701. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Makansi, Archaeologist, 

Coronado National Forest, (520) 760– 

2502. 

SUPPLEMENTARY INFORMATION: The 

Federal Recreation Lands Enhancement 

Act (Title VII, Pub. L. 108–447) directed 

the Secretary of Agriculture to publish 

a six month advance notice in the 

Federal Register whenever new 

recreation fee areas are established. 

The Coronado National Forest 

currently has three other rental 

facilities. These facilities are booked 

regularly throughout the rental season. 

A business analysis for the rental of the 

Kent Springs Cabin shows that people 

desire having this sort of recreation 

experience on the Coronado National 

Forest. A market analysis indicates that 

the $150.00 daily fee is both reasonable 

and acceptable for this sort of unique 

recreation experience. 

People wanting to rent the Kent 

Springs Cabin will need to do so 

through the National Recreation 

Reservation Service, at http:// 

www.recreation.gov by calling 1–877– 

444–6777. The National Recreation 

Reservation Service charges a $9 fee per 

reservation. 

Dated: May 28, 2009. 

Jeanine A. Derby, 

Forest Supervisor, Coronado National Forest. 

[FR Doc. E9–13026 Filed 6–4–09; 8:45 am] 

BILLING CODE 3410–11–M 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Determination under the Textile and 

Apparel Commercial Availability 

Provision of the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA-DR 

Agreement) 

June 2, 2009. 

AGENCY: The Committee for the 

Implementation of Textile Agreements. 

ACTION: Determination to add a product 

in unrestricted quantities to Annex 3.25 

of the CAFTA-DR Agreement. 

EFFECTIVE DATE: June 5, 2009. 

SUMMARY: The Committee for the 

Implementation of Textile Agreements 

(CITA) has determined that certain 

cotton-polyester circular knit fleece 

fabric, as specified below, is not 

available in commercial quantities in a 

timely manner in the CAFTA-DR 

countries. The product will be added to 

the list in Annex 3.25 of the CAFTA-DR 

Agreement in unrestricted quantities. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482-3651. 

FOR FURTHER INFORMATION ONLINE: http://web.ita.doc.gov/tacgi/ 

CaftaReqTrack.nsf. Reference number: 

108.2009.04.24.Fabric.ST&RforGaran 

Mfg. 

SUPPLEMENTARY INFORMATION: 

Authority: The CAFTA-DR Agreement; 

Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade 

Agreement Implementation Act (CAFTA-DR 

Implementation Act), Pub. Law 109-53; the 

Statement of Administrative Action (SAA), 

accompanying the CAFTA-DR 

Implementation Act; Presidential 

Proclamations 7987 (February 28, 2006) and 

7996 (March 31, 2006). 

BACKGROUND: 

The CAFTA-DR Agreement provides a 

list in Annex 3.25 for fabrics, yarns, and 

fibers that the Parties to the CAFTA-DR 

Agreement have determined are not 

available in commercial quantities in a 

timely manner in the territory of any 

Party. The CAFTA-DR Agreement 

provides that this list may be modified 

pursuant to Article 3.25(4)-(5), when the 

President of the United States 

determines that a fabric, yarn, or fiber is 

not available in commercial quantities 

in a timely manner in the territory of 

any Party. See Annex 3.25 of the 

CAFTA-DR Agreement; see also section 

203(o)(4)(C) of the CAFTA-DR Act. 

The CAFTA-DR Implementation Act 

requires the President to establish 

procedures governing the submission of 

a request and providing opportunity for 

interested entities to submit comments 

and supporting evidence before a 

commercial availability determination is 

made. In Presidential Proclamations 

7987 and 7996, the President delegated 

to CITA the authority under section 

203(o)(4) of CAFTA-DR Implementation 

Act for modifying the Annex 3.25 list. 

On September 15, 2008, CITA published 

modified procedures it would follow in 

considering requests to modify the 

Annex 3.25 list of products determined 

to be not commercially available in the 

territory of any Party to CAFTA-DR 

(Modifications to Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement, 73 FR 53200, September 15, 

2008) (‘‘procedures’’). 

On April 24, 2009, the Chairman of 

CITA received a Request for a 

Commercial Availability Determination 

(‘‘Request’’) from Sandler, Travis & 

Rosenberg, P.A., on behalf of Garan 

Manufacturing Corp., for certain cottonpolyester circular knit fleece fabric. On 

April 28, 2009, in accordance with 

CITA’s procedures, CITA notified 

interested parties of the Request, which 

was posted on the dedicated website for 

CAFTA-DR Commercial Availability 

proceedings. In its notifications, CITA 

advised that a Response with an Offer 

to Supply (‘‘Response’’) to the Request 

must be submitted by May 8, 2009, and 

any Rebuttal to a Response (‘‘Rebuttal’’) 

be submitted by May 14, 2009. On May 

8, 2009, Elasticos Centroamericanos y 

Textile S.A. de C.V. (‘‘Elcatex’’) 

submitted a Response. On May 14, 2009, 

Garan Manufacturing Corp. submitted 

its Rebuttal. 

In accordance with Section 203(o) of 

the CAFTA-DR Implementation Act, 

Article 3.25 of the CAFTA-DR, and 

Section 8(c)(4) of CITA’s procedures, 

should CITA determine that it has 

insufficient information to make a 

determination, CITA will extend its 

time period for consideration of the 

Request by an additional 14 U.S. 

business days. As the requestor and 

respondent disagreed on the 

respondent’s ability to supply the 

subject product, on May 20, 2009, the 

Chairman determined that there was 

insufficient information to recommend a 

determination, and therefore extended 


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