[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3375-3376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1608]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 82

[Docket No. 02-117-3]


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 Clark County, NV, and a portion of Nye County, NV, 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 January 17, 2003. We will 
consider all comments that we receive on or before March 25, 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. 02-117-3, 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. 02-117-3. 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. 
02-117-3'' 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

[[Page 3376]]

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 this interim rule we are 
amending Sec.  82.3(c) by designating as a quarantined area all of 
Clark County, NV, and that portion of Nye County, NV, that lies south 
of U.S. Highway 95 and east of State Highway 373 and by 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 Clark County, NV, 
and a portion of Nye County, NV, 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.
    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 continues 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 amended by adding, in 
alphabetical order, an entry for Nevada to read as follows:


Sec.  82.3  Quarantined areas.

* * * * *
    (c) * * *
* * * * *

Nevada

    Clark County. The entire county.
    Nye County. That portion of the county that lies south of U.S. 
Highway 95 and east of State Highway 373.

    Done in Washington, DC, this 17th day of January 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-1608 Filed 1-23-03; 8:45 am]
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