[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Rules and Regulations]
[Pages 26986-26988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12431]



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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 [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. 
02-117-6'' 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://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]
BILLING CODE 3410-34-P