[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Rules and Regulations]
[Pages 54797-54800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23953]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 182 / Friday, September 19, 2003 /
Rules and Regulations
[[Page 54797]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 82
[Docket No. 02-117-10]
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 portions of Kern, Los Angeles, Orange, Riverside, San
Bernardino, and Ventura Counties, CA, from the list of quarantined
areas. This action removes restrictions on the movement of birds,
poultry, and certain other articles from those areas. With this action,
there are no longer any areas in the United States that are quarantined
because of exotic Newcastle disease.
DATES: This interim rule was effective September 16, 2003. We will
consider all comments that we receive on or before November 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. 02-117-10, 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. 02-117-10. 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.
02-117-10'' 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 82.16, 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.
Prior to the effective date of this interim rule, portions of Kern,
Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties,
CA, were designated as quarantined areas in Sec. 82.3(c) of the
regulations. As a result, the interstate movement from those
quarantined areas of birds, poultry, products, and materials that could
spread END was prohibited or restricted. Further, because the Secretary
of Agriculture declared an extraordinary emergency because of END in
California, the intrastate movement from the quarantined areas of
birds, poultry, products, and materials that could spread END was
prohibited or restricted, as provided by the regulations in Sec.
82.16.
Previous Quarantine Actions
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. Over
the course of the following months, END was confirmed in backyard and
commercial poultry on premises elsewhere in California and in backyard
poultry in Arizona, Nevada, and Texas. Consequently, in a series of six
interim rules published in the Federal Register between November 2002
and May 2003, we amended the regulations in Sec. 82.3(c) by
designating specific portions of each of those States as quarantined
areas. As of May 2003, all or portions of three counties in Arizona,
nine counties in California, two counties in Nevada, three counties in
New Mexico, and two counties in Texas were designated as quarantined
areas in Sec. 82.3(c). As provided for by the regulations in Sec.
82.3(a), these quarantined areas encompassed each 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.
Previous Reductions in Quarantined Areas
Beginning in May 2003, we began releasing areas from quarantine
after Animal and Plant Health Inspection Service (APHIS)
epidemiologists determined, based on the results of extensive
investigations conducted in Arizona, California, Nevada, New Mexico,
and Texas, that it was possible to reduce the size of the quarantined
areas in those States. Specifically:
[sbull] In an interim rule effective May 14, 2003, and published in
the Federal Register on May 19, 2003 (68 FR 26986-26988, Docket No. 02-
117-6), we
[[Page 54798]]
reduced the size of the quarantined areas in Nevada and Arizona,
leaving only portions of La Paz County, AZ, and Clark County, NV, as
quarantined areas in those States.
[sbull] In an interim rule effective June 5, 2003, and published in
the Federal Register on June 11, 2003 (68 FR 34779-34781, Docket No.
02-117-8), we reduced the size of the quarantined areas in Texas and
eliminated the quarantined areas in New Mexico, leaving only a portion
of El Paso County, TX, as a quarantined area in that State.
[sbull] In an interim rule effective July 30, 2003, and published
in the Federal Register on August 4, 2003 (68 FR 45741-45745, Docket
No. 02-117-9), we eliminated the last remaining quarantined areas in
Arizona, Nevada, and Texas and reduced the size of the quarantined
areas in California, leaving only portions of Kern, Los Angeles,
Orange, Riverside, San Bernardino, and Ventura Counties, CA, as
quarantined areas in that State.
Additional Reductions in Quarantined Areas
In this interim rule, we are eliminating the last remaining
quarantined areas in California. The portion of Orange County that we
are removing from quarantine is an area in which END has not been
found, but which was included in the quarantined area due to its
proximity to areas in adjoining counties where END-positive premises
were found. Our actions with respect to Kern, Los Angeles, Riverside,
San Bernardino, and Ventura Counties--areas that had, at one time,
contained infected premises--are based upon our determination that the
areas in those counties meet the criteria contained in Sec. 82.14 of
the regulations for release from quarantine. Our basis for these
actions is discussed in greater detail below.
Areas in Which END Has Not Been Found
No END-positive premises were detected in Orange County, CA.
Surveillance and testing of poultry premises was carried out in this
area and resulted in no END-positive premises being detected.
Noncommercial premises. An inventory of at-risk noncommercial
premises was developed for the areas targeted for quarantine release.
In addition to information previously collected through eradication
activities, sources of information included local animal control
authorities, local law enforcement, county agricultural officials,
extension personnel, and animal welfare workers.
Surveillance efforts were concentrated in areas that had at-risk
premises. An at-risk premises was defined as a premises inhabited by
poultry or ratites or that contained an aviary. Within this population,
premises considered highest risk were targeted for sampling. High risk
premises were defined as any premises with any galliform birds
(chickens, turkeys, pheasant, quail, partridge, guinea fowl, pea fowl,
etc.), columbiform birds (pigeons, doves), or anseriform birds (ducks,
geese, swans). Other factors considered indicative of high risk were
multiple owners on the same premises, premises with sick or dead birds,
history of movement of birds, and possible contact with an infected
premises.
The sampling period for the small portion of Orange County, CA,
that had remained under quarantine was from July 20 through August 20,
2003. A total of 5 at-risk premises were sampled from a population of
48 at-risk premises in the area. None of the samples yielded a positive
result.
Commercial premises. No commercial poultry premises were located in
the Orange County, CA, quarantined area.
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.
APHIS epidemiologists have evaluated the results of the
investigations conducted in Orange County, CA, and have determined that
we may now eliminate the quarantined area in that county. This
determination is based on, among other things, the demonstrated absence
of birds or poultry infected with or exposed to END in that area. 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 portion of
Orange County, CA, that has been under quarantine for END, there are no
requirements under Sec. 82.14 that need to be met before that area can
be removed from quarantine.
Areas That Contained Infected Premises
An area where END-positive premises have been detected is known as
an ``infected area.'' The infected area in California had a total of
920 END-positive premises, 900 of which were located in Kern, Los
Angeles, Riverside, San Bernardino, and Ventura Counties. (The
remaining 20 END-positive premises had been located in San Diego
County, CA, which we released from quarantine in our August 4, 2003,
interim rule.) Fourteen of those 900 premises were commercial poultry
premises. All birds on all infected premises, and any premises exposed
to those infected premises, were depopulated. The date of depopulation
on the final END-positive premises in each county still under
quarantine in the infected area of California was:
[sbull] Ventura County: April 9, 2003;
[sbull] Kern County: May 12, 2003;
[sbull] Riverside County: May 20, 2003;
[sbull] San Bernardino County: May 22, 2003; and
[sbull] Los Angeles County: June 1, 2003.
Intensive surveillance and testing of both noncommercial and
commercial poultry premises was carried out in the infected area and
resulted in no additional END positive premises being detected.
Noncommercial premises. An inventory of at-risk noncommercial
premises was developed for the infected area. Surveillance efforts were
then concentrated in portions of the infected area that had at-risk
premises. An at-risk premises was defined as a premises inhabited by
poultry, ratites, or an aviary. Within this population, premises
considered highest risk were targeted for sampling.
In the infected area of Kern, Los Angeles, Riverside, San
Bernardino, and Ventura Counties, CA, all of the sampling was conducted
during the period from June 15 through August 20, 2003. The majority of
the sampling was conducted during the period from July 5 to August 9,
2003. Overall, a total of 4,544 at-risk premises were sampled from a
population of 22,745 at-risk premises in the infected area. Over 57,500
birds were sampled and tested for the END virus. None of the samples
yielded a positive result.
Table 1.--At-risk Noncommercial Premises Sampled by County in California
------------------------------------------------------------------------
Number of
County premises
sampled
------------------------------------------------------------------------
Kern......................................................... 56
[[Page 54799]]
Los Angeles.................................................. 2,027
Riverside.................................................... 1,229
San Bernardino............................................... 1,142
Ventura...................................................... 90
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Commercial premises. Active weekly surveillance of commercial
poultry premises in the infected area began as early as December 2002.
All but five commercial premises with birds have been under weekly
active surveillance for at least 6 weeks and have a documented
biosecurity protocol in place. Of the remaining five commercial
premises, one (a premises with quail) has been under weekly active
surveillance for at least 4 weeks and four (two with ostriches, one
with ducks, and one hatchery) are under passive surveillance. All these
commercial premises must report any significant increase in death
losses or the occurrences of clinical signs consistent with END.
A total of 93 commercial poultry premises are located in the
infected area, of which 72 premises had birds present. The 21 other
commercial premises are egg processors and did not participate in
active surveillance. Fourteen of the 72 premises that had birds present
were found to be infected, and 1 premises was found to have been
exposed to infected premises; all 15 were depopulated, and 6 other
premises were emptied of birds by their owners for other reasons. With
5 of the 15 depopulated premises having been repopulated, there were 56
premises with birds in the infected area. A representative sampling of
either live or dead birds from each poultry house on 52 of those 56
premises with birds was performed weekly. The other four commercial
premises with birds were under passive surveillance. Sample collection
was done by either an accredited veterinarian or authorized company
personnel. No END positive premises were found.
We have determined that all applicable requirements of Sec. 82.14
to remove an area from quarantine have been met with respect to the
remaining areas in California. Specifically, we have determined the
following:
[sbull] All birds and poultry exposed to END have been found to be
free of END or have been euthanized;
[sbull] All birds and poultry infected with END have been
euthanized;
[sbull] All parts of all birds and poultry that were euthanized or
that died from any cause other than slaughter, all eggs produced by
birds or poultry infected with or exposed to END, and all manure
generated by and litter used by birds or poultry infected with or
exposed to END have been buried at least 6 feet deep and covered at the
time of burial with soil in a location within the quarantined area that
meets all U.S. Environmental Protection Agency (EPA), State, and local
requirements for landfills;
[sbull] All vehicles with which the birds or poultry infected with
or exposed to END or their excrement or litter have had physical
contact have been cleaned and disinfected in the manner prescribed in
Sec. 82.14(f);
[sbull] All cages, coops, containers, troughs, and other equipment
used for birds or poultry infected with or exposed to END or their
excrement or litter have been reduced to ashes by incineration or have
been cleaned and disinfected in the manner prescribed in Sec.
82.14(g); and
[sbull] The premises where birds or poultry infected with or
exposed to END were located have been cleaned and disinfected in the
manner prescribed in Sec. 82.14(h).
Conclusion
Based on the information presented above, we are amending Sec.
82.3(c) in this interim rule by removing the remaining portions of
Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura
Counties, CA, 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. With this action, there
are no longer any areas in the United States that are quarantined
because of END.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. We have determined that portions of Kern, Los
Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA,
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 portions of Kern, Los
Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA,
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.).
[[Page 54800]]
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
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 revised to read as follows:
Sec. 82.3 Quarantined areas.
* * * * *
(c) The following areas are quarantined because of END: There are
no areas in the United States quarantined because of END.
Done in Washington, DC this 16th day of September 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-23953 Filed 9-18-03; 8:45 am]
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