[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Pages 1515-1517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-573]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 82

[Docket No. 02-117-2]


Exotic Newcastle Disease; Additions to Quarantined Area and 
Applicability of Regulations

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 Imperial, Orange, San Diego, Santa Barbara, and Ventura 
Counties, CA, and the previously non-quarantined portions of Riverside 
and San Bernardino Counties, CA, and prohibiting or restricting the 
movement of birds, poultry, products, and materials that could spread 
exotic Newcastle disease from the quarantined area. We are also 
amending the regulations to provide that the prohibitions and 
restrictions that apply to the interstate movement of birds, poultry, 
products, and materials that could spread exotic Newcastle disease will 
also apply to the intrastate movement of those articles in situations 
where the Secretary of Agriculture has issued a declaration of 
extraordinary emergency. These actions are necessary on an emergency 
basis to prevent the spread of exotic Newcastle disease from the 
quarantined area.

DATES: This interim rule was effective January 7, 2003. We will 
consider all comments that we receive on or before March 14, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or

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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. 
02-117-2, 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. 02-117-2. 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. 
02-117-2'' 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 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 interstate 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 has been 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 and portions of Riverside and San 
Bernardino Counties and restricting the interstate movement of birds, 
poultry, products, and materials that could spread END from the 
quarantined area.
    In this interim rule, we are quarantining additional counties in 
California, either because END has been confirmed in those counties or 
because of the geographical proximity of those counties to areas in 
which END has been confirmed. Specifically, we are amending Sec.  
82.3(c) of the regulations by adding Imperial, Orange, San Diego, Santa 
Barbara, and Ventura Counties and the previously non-quarantined 
portions of Riverside and San Bernardino Counties to the quarantined 
area for END and by prohibiting or restricting the movement of birds, 
poultry, products, and materials that could spread END from the 
quarantined area.
    On January 6, 2003 the Secretary of Agriculture signed a 
declaration of extraordinary emergency with respect to the END 
situation in California. As provided under sec. 10407 of the Animal 
Health Protection Act (7 U.S.C. 8306), that declaration of 
extraordinary emergency authorizes the Secretary to (1) hold, seize, 
treat, apply other remedial actions to, destroy (including preventative 
slaughter), or otherwise dispose of, any animal, article, facility, or 
means of conveyance if the Secretary determines the action is necessary 
to prevent the dissemination of END and (2) prohibit or restrict the 
movement or use within the State of California, or any portion of the 
State of California, of any animal or article, means of conveyance, or 
facility if the Secretary determines that the prohibition or 
restriction is necessary to prevent the dissemination of END.
    As noted previously, the regulations in Sec. Sec.  82.1 through 
82.15 prohibit or restrict the interstate movement from quarantined 
areas of birds, poultry, products, and materials that could spread END. 
In light of the Secretary's declaration of extraordinary emergency and 
its accompanying authority to prohibit or restrict, if necessary to 
prevent the spread of END, the movement or use within the State of 
California of any animal or article, means of conveyance, or facility, 
we are amending the regulations to provide that the provisions of the 
regulations regarding interstate movement will also apply to intrastate 
movement. This provision, which we are adding as a new Sec.  82.16, 
specifies that the applicability of the regulations to intrastate 
movement holds only in situations where the Secretary has issued a 
declaration of extraordinary emergency and only until such time as the 
Secretary terminates that declaration.

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 regulations by quarantining Imperial, Orange, 
San Diego, Santa Barbara, and Ventura Counties, CA, and the previously 
non-quarantined portions of Riverside and San Bernardino Counties, CA, 
and by prohibiting or restricting the movement of birds, poultry, 
products, and

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materials that could spread END from the quarantined area. This rule 
also amends 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. 
These actions are 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.

    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. 8301-8317; 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

    Imperial County. The entire county.
    Los Angeles County. The entire county.
    Orange County. The entire county.
    Riverside County. The entire county.
    San Bernardino County. The entire county.
    San Diego County. The entire county.
    Santa Barbara County. The entire county.
    Ventura County. The entire county.

    3. In ``Subpart A--Exotic Newcastle Disease (END),'' a new Sec.  
82.16 is added to read as follows:


Sec.  82.16  Extraordinary emergencies; applicability of regulations.

    When, in accordance with sec. 10407 of the Animal Health Protection 
Act (7 U.S.C. 8306), the Secretary of Agriculture determines that an 
extraordinary emergency exists because of END, the regulations in this 
subpart regarding interstate movement shall be applicable to intrastate 
movement within any State or portion of a State subject to the 
Secretary's declaration of extraordinary emergency until such time as 
the Secretary terminates that declaration.

    Done in Washington, DC, this 7th day of January, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-573 Filed 1-10-03; 8:45 am]
BILLING CODE 3410-34-P