[Federal Register: May 19, 2003 (Volume 68, Number 96)]
[Rules and Regulations]
[Page 26986-26988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my03-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 82
[Docket No. 02-117-6]
Exotic Newcastle Disease; Removal of Areas From Quarantine
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
removing Mohave and Yuma Counties, AZ, Nye County, NV, and portions of
La Paz County, AZ, and Clark County, NV, from the list of quarantined
areas. This action removes restrictions on the movement of birds,
poultry, and certain other articles from those areas.
DATES: This interim rule was effective May 14, 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. 02-117-6, 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. 02-117-6. 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.
02-117-6'' 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. Lisa Ferguson, 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.
Currently, portions of Arizona, California, Nevada, New Mexico, and
Texas are designated as quarantined areas in Sec. 82.3(c) of the
regulations. As a result, the interstate movement from the quarantined
areas of birds, poultry, products, and materials that could spread END
is prohibited or restricted. Further, because the Secretary has
declared an extraordinary emergency because of END in those States, the
regulations in Sec. 82.16 provide that the intrastate movement from
those quarantined areas of birds, poultry, products, and materials that
could spread END is prohibited or restricted.
In this interim rule, we are reducing the size of the quarantined
areas in Nevada and Arizona based on the results of extensive
surveillance and investigations conducted in those States. These
activities are described below.
Nevada
On January 16, 2003, END was confirmed in backyard poultry on a
premises in Las Vegas, NV. Therefore, in an 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. As
provided for by the regulations in Sec. 82.3(a), this quarantined area
encompassed 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.
Following the detection of END in Nevada, surveys were conducted in
the immediate area around the infected premises. A total of 10 infected
premises and 128 ``dangerous contact'' premises (i.e., premises with an
epidemiological link to an infected premises) and premises within a 1
kilometer radius of each infected premises were identified, all in
Clark County. Across Nevada, additional surveys were conducted in
targeted high-risk areas. Populated areas, reports from animal control
units, and leads derived from reports of sick birds or poultry or other
epidemiological information were used to define the high-risk areas. No
additional cases were identified in any of these areas. Passive
surveillance, including education and outreach efforts, continue to be
conducted throughout the State. A total of 2,007 investigations were
conducted in Nevada. The majority of these investigations were
conducted in Clark County, with a total of 1,998 investigations and 216
premises sampled. No evidence of additional disease spread was
identified through this surveillance. There are no commercial premises
in the quarantined area.
Arizona
On February 4, 2003, END was confirmed in backyard poultry on a
single premises in the Colorado River Indian Nation in Arizona.
Therefore, in an 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. As
provided for by the regulations in Sec. 82.3(a), this quarantined area
encompassed 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.
Following the detection of END in Arizona, surveys were conducted
in the immediate area around the infected premises, both in Arizona and
across the border in California. No additional cases were identified in
any of these areas. Across Arizona, targeted high-risk areas were
surveyed. Populated areas along major highways, reports from animal
control units, and leads derived
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from reports of sick birds or poultry or other epidemiological
information were used to define the high-risk areas. In many of these
areas, there are few residents, and other areas may only be seasonally
populated. Passive surveillance, including education and outreach
efforts, continue to be conducted throughout the State.
A total of 1,451 investigations were conducted throughout the State
of Arizona. In addition, 21 investigations were conducted in California
in the area adjacent to the infected area. In the quarantined counties
in Arizona, which contain no commercial premises, the following
surveillance was completed with no evidence of disease spread:
[sbull] In Yuma County, 60 investigations were conducted, with 39
premises sampled;
[sbull] In Mohave County, 38 investigations were conducted with 10
premises sampled; and
[sbull] In La Paz County, 56 investigations were conducted with 52
premises sampled (these include the infected premises and 3 ``dangerous
contact'' premises located within 1 kilometer of the infected
premises).
Reduction of Quarantined Areas
As noted previously, the regulations in Sec. 82.3(a) provide 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.
Animal and Plant Health Inspection Service epidemiologists have
evaluated the results of the investigations conducted in Nevada and
Arizona and have determined that we may now reduce the size of the
quarantined areas in those States. This determination is based on,
among other things, the demonstrated absence of birds or poultry
infected with or exposed to END in specific areas. The regulations in
Sec. 82.14 provide requirements that must be met before an area may be
removed from quarantine, but those requirements relate to measures
taken with respect to END-infected or -exposed birds and poultry, their
eggs and manure, and articles and premises with which such birds or
their manure or litter have come in contact. As there were no END-
infected or -exposed birds or poultry in the areas that we are removing
from quarantine, there are no requirements under Sec. 82.14 that need
to be met before those areas can be removed from quarantine.
Therefore, in this interim rule, we are amending Sec. 82.3(c) by
removing Mohave and Yuma Counties, AZ, Nye County, NV, and portions of
La Paz County, AZ, and Clark County, NV, from the list of quarantined
areas because the continued quarantine of these areas is no longer
necessary to contain all birds and poultry infected with or exposed to
END. Those portions of La Paz County, AZ, and Clark County, NV, that
will remain as quarantined areas, which are described in the amendments
to Sec. 82.3(c) at the end of this document, have been deemed by
epidemiological evaluation to be sufficient to contain all birds or
poultry known to be infected with or exposed to END.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. We have determined that Mohave and Yuma Counties, AZ,
Nye County, NV, and portions of La Paz County, AZ, and Clark County,
NV, may now be removed from the list of areas quarantined because of
END. Therefore, immediate action is warranted to relieve the
prohibitions or restrictions that have applied to the movement of
birds, poultry, products, and other materials from those areas. 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 action
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 removing Mohave and Yuma
Counties, AZ, Nye County, NV, and portions of La Paz County, AZ, and
Clark County, NV, from the list of quarantined areas. This action needs
to be made effective immediately in order to remove restrictions on the
movement of birds, poultry, and certain other articles from those areas
that are no longer necessary.
This 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 interim rule contains no 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), the entries for Arizona and Nevada are
revised to read as follows:
Sec. 82.3 Quarantined areas.
* * * * *
(c) * * *
Arizona
La Paz County. That portion of the county that lies within the
boundaries
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of the Colorado River Indian Reservation.
* * * * *
Nevada
Clark County. That portion of the county that is bounded as
follows: Beginning at the point where North Hollywood Boulevard enters
Nellis Air Force Base; then south on North Hollywood Boulevard to East
Bonanza Road; then west on East Bonanza Road to North Bruce Street;
then north on North Bruce Street to State Route 604; then northeast on
State Route 604 to Civic Center Drive; then north and northeast on
Civic Center Drive until it becomes East Alexander Road; then east on
East Alexander Road to North Pecos Road; then north on North Pecos Road
to East Craig Road; then east on East Craig Road to State Route 604;
then southeast along an imaginary line to the point of beginning.
* * * * *
Done in Washington, DC, this 14th day of May, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12431 Filed 5-16-03; 8:45 am]
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