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Federal Register / Vol. 70, No.

111 / Friday, June 10, 2005 / Rules and Regulations 33803

(1) Send the producer a maturity that amended the regulations § 94.6(d) where HPAI subtype H5N1
notice letter before MAL maturity. concerning the importation of animals exists.
(2) Maintain the MAL or LDP and animal products by adding Comments on the interim rule were
documents according to FSA Malaysia to the list of regions in which required to be received on or before
requirements. highly pathogenic avian influenza April 4, 2005. We received one
(3) Transmit the necessary funds to (HPAI) subtype H5N1 is considered to comment by that date, from a private
repay the MAL to FSA. exist. We took that action to prevent the citizen. The commenter supported the
(b) FSA shall process the CCC release introduction of HPAI subtype H5N1 in interim rule.
of paper receipts or EWR’s where such the United States. Therefore, for the reasons given in the
a release is appropriate. interim rule and in this document, we
DATES: The interim rule became
effective on August 7, 2004. are adopting the interim rule as a final
§ 1421.422 Inspections and reviews.
rule without change.
The books, documents, papers, and FOR FURTHER INFORMATION CONTACT: Dr. This action also affirms the
records of the DMA and parent Julie Garnier, Staff Veterinarian, information contained in the interim
company shall be maintained for six Technical Trade Issues Team, National rule concerning Executive Order 12866
years after the applicable crop year and Center for Import and Export, VS, and the Regulatory Flexibility Act,
shall be made available to CCC for APHIS, 4700 River Road Unit 39, Executive Order 12988, and the
inspection and examination at all Riverdale, MD 20737–1231; (301) 734– Paperwork Reduction Act.
reasonable times. At any time after an 5677. Further, for this action, the Office of
application is received, CCC shall have SUPPLEMENTARY INFORMATION: Management and Budget has waived its
the right to examine all books, review under Executive Order 12866.
documents, papers, and determine Background
whether the DMA is operating or has List of Subjects in 9 CFR Part 94
Highly pathogenic avian influenza
operated in accordance with the Animal diseases, Imports, Livestock,
(HPAI) is an extremely infectious and
regulations in this part, any articles of Meat and meat products, Milk, Poultry
fatal disease of poultry and a wide
incorporation, articles of association, and poultry products, Reporting and
variety of other birds. HPAI can strike
partnership documents, agreements recordkeeping requirements.
poultry quickly without any infection
with producers, the representations
warning signs and, once established, the PART 94—RINDERPEST, FOOT-AND-
made by the DMA in its application for
disease can spread rapidly from flock to MOUTH DISEASE, FOWL PEST (FOWL
approval, and, where applicable, its
flock. In some instances, strains of HPAI PLAGUE), EXOTIC NEWCASTLE
agreements with CCC. If the DMA is
viruses can be infectious to people. DISEASE, AFRICAN SWINE FEVER,
determined to be not complying with
Human infections with AI viruses under CLASSICAL SWINE FEVER, AND
this part or any of its agreements, CCC
natural conditions have been BOVINE SPONGIFORM
will take appropriate action as provided
documented in recent years. Particularly ENCEPHALOPATHY: PROHIBITED
in elsewhere in this subpart or other
alarming is the HPAI strain of most of AND RESTRICTED IMPORTATIONS
action CCC determines appropriate.
these outbreaks, H5N1, which has
§ 1421.423 Appeals. crossed the species barrier and caused ■ Accordingly, we are adopting as a final
Parts 11 and 780 of this title apply to severe disease, with high mortality, in rule, without change, the interim rule
this subpart. humans. Recent outbreaks of HPAI in that amended 9 CFR part 94 and that was
Southeast Asia have caused significant published at 70 FR 5043–5044 on
Signed in Washington, DC, on May 25,
concern among health authorities February 1, 2005.
2005.
worldwide because of the potential for
James R. Little, Done in Washington, DC, this 6th day of
the human and avian flu viruses to swap June 2005.
Executive Vice President, Commodity Credit genes, creating a new virus to which
Corporation. Elizabeth E. Gaston,
humans would have little or no
[FR Doc. 05–11505 Filed 6–9–05; 8:45 am] Acting Administrator, Animal and Plant
immunity.
BILLING CODE 3410–05–P Health Inspection Service.
The Animal and Plant Health
[FR Doc. 05–11504 Filed 6–9–05; 8:45 am]
Inspection Service (APHIS) of the
BILLING CODE 3410–34–P
United States Department of Agriculture
DEPARTMENT OF AGRICULTURE (USDA or the Department) regulates the
importation of animals and animal DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection products into the United States to guard
Service against the introduction of animal Food Safety and Inspection Service
diseases. The regulations in 9 CFR parts
9 CFR Part 94 93, 94, and 95 (referred to below as the 9 CFR Parts 319 and 381
[Docket No. 04–091–2] regulations) govern the importation of
certain animals, birds, poultry, meat, [Docket No. 92–024F]
Addition of Malaysia To List of other animal products and byproducts, Rin 0583–AC82
Regions in Which Highly Pathogenic hay, and straw into the United States in
Avian Influenza Subtype H5N1 Is order to prevent the introduction of Food Standards: Requirements for
Considered To Exist various animal diseases, including HPAI Substitute Standardized Meat and
AGENCY: Animal and Plant Health subtype H5N1. Poultry Products Named by Use of an
Inspection Service, USDA. In an interim rule effective August 7, Expressed Nutrient Content Claim and
2004, and published in the Federal a Standardized Term
ACTION: Affirmation of interim rule as
final rule. Register on February 1, 2005 (70 FR AGENCY: Food Safety and Inspection
5043–5044, Docket No. 04–091–1), we Service, USDA.
SUMMARY: We are adopting as a final amended the regulations in part 94 by
ACTION: Final rule.
rule, without change, an interim rule adding Malaysia to the list of regions in

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