[Federal Register: May 19, 2003 (Volume 68, Number 96)]
[Rules and Regulations]
[Page 26988-26990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my03-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 82
[Docket No. 02-117-7]
Exotic Newcastle Disease; Additions to 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 a portion of Kern County, CA, and prohibiting or
restricting the 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 spread of
exotic Newcastle disease from the quarantined area.
DATES: This interim rule was effective May 13, 2003. We will consider
all comments that we receive on or before July 18, 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. 02-117-7, 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. 02-117-7. 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.
02-117-7'' 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 regulations in ``Subpart A--Exotic Newcastle Disease (END)'' (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. In Sec. 82.3, paragraph (a) provides that any
area where birds or poultry infected with END are located will be
designated as a quarantined area, and that a quarantined area is any
geographical area, which may be a premises or all or part of a State,
deemed by epidemiological evaluation to be sufficient to contain all
birds or poultry known to be infected with or exposed to END. 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 prohibit or restrict the movement of birds, poultry,
products, and materials that could spread END from quarantined areas.
Areas quarantined because of END are listed in Sec. 82.3, paragraph
(c).
On October 1, 2002, END was confirmed in the State of California.
The disease was confirmed in backyard poultry, which are raised on
private premises for hobby, exhibition, and personal consumption, and
in commercial poultry.
In an interim rule effective on November 21, 2002, and published in
the Federal Register on November 26, 2002 (67 FR 70674-70675, Docket
No. 02-117-1), we amended the regulations in Sec. 82.3(c) 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 END from the
quarantined area.
In a second interim rule effective on January 7, 2003, and
published in the Federal Register on January 13, 2003 (68 FR 1515-1517,
Docket No. 02-117-2), we further amended Sec. 82.3(c) by adding
Imperial, Orange, San Diego, Santa Barbara, and Ventura Counties, CA,
and the previously non-quarantined portions of Riverside and San
Bernardino Counties, CA, to the list of quarantined areas. Because the
Secretary of Agriculture signed a declaration of extraordinary
emergency with respect to the END situation in California on January 6,
2003 (see 68 FR 1432, Docket No. 03-001-1, published January 10, 2003),
that second interim rule also amended the regulations to provide that
the prohibitions and restrictions that apply to the interstate movement
of birds, poultry, products, and materials that could spread END will
also apply to the intrastate movement of those articles in situations
where the Secretary of Agriculture has issued a declaration of
extraordinary emergency (new Sec. 82.16).
On January 16, 2003, END was confirmed in backyard poultry on a
premises in Las Vegas, NV. Therefore, in a third interim rule effective
January 17, 2003, and published in the Federal Register on January 24,
2003 (68 FR 3375-3376, Docket No. 02-117-3), we amended Sec. 82.3(c)
by quarantining Clark County, NV, and a portion of Nye County, NV, and
prohibiting or
[[Page 26989]]
restricting the movement of birds, poultry, products, and materials
that could spread END from the quarantined area. On January 17, 2003,
the Secretary of Agriculture signed a declaration of extraordinary
emergency because of END in Nevada (see 68 FR 3507, Docket No. 03-001-
2, published January 24, 2003).
On February 4, 2003, END was confirmed in backyard poultry on a
premises in the Colorado River Indian Nation in Arizona. Therefore, in
a fourth interim rule effective February 10, 2003, and published in the
Federal Register on February 14, 2003 (68 FR 7412-7413, Docket No. 02-
117-4), we amended Sec. 82.3(c) by quarantining La Paz and Yuma
Counties, AZ, and a portion of Mohave County, AZ, and prohibiting or
restricting the movement of birds, poultry, products, and materials
that could spread END from the quarantined area. On February 7, 2003,
the Secretary of Agriculture signed a declaration of extraordinary
emergency because of END in Arizona (see 68 FR 7338, Docket No. 03-001-
3, published February 13, 2003).
On April 9, 2003, END was confirmed in backyard poultry on a
premises in El Paso County, TX. Therefore, in a fifth interim rule
effective April 10, 2003, and published in the Federal Register on
April 16, 2003 (68 FR 18531-18532, Docket No. 02-117-5), we amended
Sec. 82.3(c) by quarantining El Paso and Hudspeth Counties, TX, and
Dona Ana, Luna, and Otero Counties, NM, and prohibiting or restricting
the movement of birds, poultry, products, and materials that could
spread END from the quarantined area. On April 10, 2003, the Secretary
of Agriculture signed a declaration of extraordinary emergency because
of END in New Mexico and Texas (see 68 FR 18593, Docket No. 03-001-4,
published April 16, 2003).
On May 5, 2003, END was confirmed in backyard poultry on a premises
in Kern County, CA. Therefore, in this interim rule, we are amending
Sec. 82.3(c) by designating a portion of Kern County, CA, as a
quarantined area and prohibiting or restricting the movement of birds,
poultry, products, and materials that could spread END from the
quarantined area. As provided for by the regulations in Sec. 82.3(a),
this quarantined area encompasses the area where poultry infected with
END were located and a surrounding geographical area deemed by
epidemiological evaluation to be sufficient to contain all birds or
poultry known to be infected with or exposed to END.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
spread of END. 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 regulations by quarantining a portion of Kern
County, CA, and prohibiting or restricting the movement of birds,
poultry, products, and materials that could spread END from the
quarantined area. This action is necessary on an emergency basis to
prevent the spread of 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.
0
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
0
1. The authority citation for part 82 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. In Sec. 82.3, paragraph (c) is amended by adding, in alphabetical
order, under the heading ``California'', an entry for Kern County to
read as follows:
Sec. 82.3 Quarantined areas.
* * * * *
(c) * * *
* * * * *
California
* * * * *
Kern County: That portion of the county that lies south of a line
drawn as follows: Beginning on the Kern/Los Angeles County line at
latitude 34.8200, longitude -118.7600 (a point approximately 8 miles
east of the point where Interstate Highway 5 intersects the Kern/Los
Angeles County line); then northeast from that point along an imaginary
line to the intersection of Oak Creek Road and Tehachapi Willow Springs
Road; then northeast from the intersection of Oak Creek Road and
Tehachapi Willow Springs Road along an imaginary line to the
intersection of Phillips Road and State Highway 14; then northeast on
State Highway 14 to Red Rock Randsburg Road; then northeast on Red Rock
Randsburg Road to Garlock Road; then north and east on Garlock Road to
U.S. Highway 395; then north on U.S. Highway 395 to Searles Station
Cutoff Road; then northeast on Searles Station Cutoff Road to the Kern/
San Bernardino County line.
* * * * *
[[Page 26990]]
Done in Washington, DC, this 13th day of May 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12432 Filed 5-16-03; 8:45 am]
BILLING CODE 3410-34-P