[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Rules and Regulations]
[Pages 70674-70675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29987]


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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 [email protected]. 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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