[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Rules and Regulations]
[Pages 26988-26990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12432]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 82

[Docket No. 02-117-7]


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 a portion of Kern County, CA, 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 May 13, 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. 02-117-7, 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. 02-117-7. 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. 
02-117-7'' 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 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 a third 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, and 
prohibiting or

[[Page 26989]]

restricting the movement of birds, poultry, products, and materials 
that could spread END from the quarantined area. On January 17, 2003, 
the Secretary of Agriculture signed a declaration of extraordinary 
emergency because of END in Nevada (see 68 FR 3507, Docket No. 03-001-
2, published January 24, 2003).
    On February 4, 2003, END was confirmed in backyard poultry on a 
premises in the Colorado River Indian Nation in Arizona. Therefore, in 
a fourth 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, and prohibiting or 
restricting the movement of birds, poultry, products, and materials 
that could spread END from the quarantined area. On February 7, 2003, 
the Secretary of Agriculture signed a declaration of extraordinary 
emergency because of END in Arizona (see 68 FR 7338, Docket No. 03-001-
3, published February 13, 2003).
    On April 9, 2003, END was confirmed in backyard poultry on a 
premises in El Paso County, TX. Therefore, in a fifth interim rule 
effective April 10, 2003, and published in the Federal Register on 
April 16, 2003 (68 FR 18531-18532, Docket No. 02-117-5), we amended 
Sec.  82.3(c) by quarantining El Paso and Hudspeth Counties, TX, and 
Dona Ana, Luna, and Otero Counties, NM, and prohibiting or restricting 
the movement of birds, poultry, products, and materials that could 
spread END from the quarantined area. On April 10, 2003, the Secretary 
of Agriculture signed a declaration of extraordinary emergency because 
of END in New Mexico and Texas (see 68 FR 18593, Docket No. 03-001-4, 
published April 16, 2003).
    On May 5, 2003, END was confirmed in backyard poultry on a premises 
in Kern County, CA. Therefore, in this interim rule, we are amending 
Sec.  82.3(c) by designating a portion of Kern County, CA, as a 
quarantined area and 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 a portion of Kern 
County, CA, 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.

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) is amended by adding, in alphabetical 
order, under the heading ``California'', an entry for Kern County to 
read as follows:


Sec.  82.3  Quarantined areas.

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

California

* * * * *
    Kern County: That portion of the county that lies south of a line 
drawn as follows: Beginning on the Kern/Los Angeles County line at 
latitude 34.8200, longitude -118.7600 (a point approximately 8 miles 
east of the point where Interstate Highway 5 intersects the Kern/Los 
Angeles County line); then northeast from that point along an imaginary 
line to the intersection of Oak Creek Road and Tehachapi Willow Springs 
Road; then northeast from the intersection of Oak Creek Road and 
Tehachapi Willow Springs Road along an imaginary line to the 
intersection of Phillips Road and State Highway 14; then northeast on 
State Highway 14 to Red Rock Randsburg Road; then northeast on Red Rock 
Randsburg Road to Garlock Road; then north and east on Garlock Road to 
U.S. Highway 395; then north on U.S. Highway 395 to Searles Station 
Cutoff Road; then northeast on Searles Station Cutoff Road to the Kern/
San Bernardino County line.
* * * * *


[[Page 26990]]


    Done in Washington, DC, this 13th day of May 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12432 Filed 5-16-03; 8:45 am]
BILLING CODE 3410-34-P