[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Rules and Regulations]
[Page 70674-70675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 82
[Docket No. 02-117-1]
Exotic Newcastle Disease; Designation of Quarantined Area
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the exotic Newcastle disease regulations by
quarantining Los Angeles County, CA, and portions of Riverside and San
Bernardino Counties, CA, and restricting the interstate movement of
birds, poultry, products, and materials that could spread exotic
Newcastle disease from the quarantined area. This action is necessary
on an emergency basis to prevent the interstate spread of exotic
Newcastle disease from the quarantined area.
DATES: This interim rule was effective November 21, 2002. We will
consider all comments that we receive on or before January 27, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-117-1, 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. 02-117-1. If you use 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.
02-117-1'' on the subject line.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Aida Boghossian, Senior Staff
Veterinarian, Emergency Programs Staff, VS, APHIS, 4700 River Road Unit
41, Riverdale, MD 20737-1231; (301) 734-8073.
SUPPLEMENTARY INFORMATION:
Background
Exotic Newcastle disease (END) is a contagious and fatal viral
disease affecting the respiratory, nervous, and digestive systems of
birds and poultry. END is so virulent that many birds and poultry die
without showing any clinical signs. A death rate of almost 100 percent
can occur in unvaccinated poultry flocks. END can infect and cause
death even in vaccinated poultry.
The END regulations, contained in 9 CFR 82.1 through 82.15
(referred to below as the regulations), were established to prevent the
spread of END in the United States in the event of an outbreak. Section
82.3, paragraph (a), provides that any area where birds or poultry
infected with END are located will be designated as a quarantined area.
Less than an entire State will be designated as a quarantined area only
if the State enforces restrictions on intrastate movements from the
quarantined area that are at least as stringent as the regulations. The
regulations restrict the interstate movement of birds, poultry,
products, and materials that could spread END from quarantined areas.
Prior to this rule, no areas were listed as quarantined in Sec.
82.3(c) because of END.
On October 1, 2002, END was confirmed in the State of California.
The disease has been diagnosed in backyard poultry, which are raised on
private premises for hobby, exhibition, and personal consumption. At
this time, commercial poultry are not involved in the disease
occurrence.
The State of California and the Animal and Plant Health Inspection
Service have begun an intensive END eradication program in the
quarantined area in Los Angeles, Riverside, and San Bernardino
Counties. Also, California has taken action to restrict the intrastate
movement of birds, poultry, products, and materials that could spread
END from the quarantined area.
Accordingly, to prevent the spread of END into other States, we are
amending Sec. 82.3(c) by designating Los Angeles County and portions
of Riverside and San Bernardino Counties, CA, as a quarantined area for
END. The quarantined area is described in the rule portion of this
document.
[[Page 70675]]
Emergency Action
This rulemaking is necessary on an emergency basis to prevent END
from spreading to other 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 that 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 END regulations by adding Los Angeles County
and portions of Riverside and San Bernardino Counties, CA, to the list
of quarantined areas. The regulations restrict the interstate movement
of birds, poultry, products, and materials that could spread END from
the quarantined area.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a final regulatory
flexibility analysis.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
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 no retroactive
effect; 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 82
Animal diseases, Poultry and poultry products, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 82 is amended as follows:
PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY
DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS
1. The authority citation for part 82 is revised to read as
follows:
Authority: 7 U.S.C. 8304-8306, 8308, 8313, and 8315; 7 CFR 2.22,
2.80, and 371.4.
2. In Sec. 82.3, paragraph (c) is revised to read as follows:
Sec. 82.3 Quarantined areas.
* * * * *
(c) The following areas are quarantined because of END:
California
Los Angeles, Riverside, and San Bernardino Counties. All of Los
Angeles County. That portion of San Bernardino County south of State
Highway 58 and bounded by an imaginary line beginning at the
intersection of the Kern County line and State Highway 58; then
southeast along State Highway 58 to Interstate Highway 15; then south
along Interstate Highway 15 to State Highway 247; then southeast along
State Highway 247 to State Highway 62; then south along State Highway
62 to the Riverside County line. That portion of Riverside County south
of the Riverside County line and bounded by an imaginary line beginning
at the intersection of State Highway 62 and the Riverside County line;
then south along State Highway 62 to Interstate Highway 10; then
southeast along Interstate Highway 10 to State Highway 111 (Golf Center
Parkway); then south along State Highway 111 to State Highway 86; then
southeast along State Highway 86 to the Imperial County line.
Done in Washington, DC, this 21st day of November, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-29987 Filed 11-25-02; 8:45 am]
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