[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7415-7416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3687]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 166

[Docket No. 03-008-1]


Swine Health Protection

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the swine health protection regulations by 
removing Kansas and Oregon from the list of States that permit the 
feeding of treated garbage to swine and adding them to the list of 
States that prohibit garbage feeding. This action is necessary to 
reflect changes in the status of Kansas and Oregon, and thereby 
facilitate the administration of the swine health protection 
regulations.

DATES: This rule is effective February 14, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Adam Grow, National Surveillance 
Coordinator, National Center for Animal Health Programs, VS, APHIS, 
4700 River Road, Unit 43, Riverdale, MD 20737-1231; (301) 734-3752.

SUPPLEMENTARY INFORMATION:

Background

    The swine health protection regulations in 9 CFR part 166 (referred 
to below as the regulations) were established under the Swine Health 
Protection Act (7 U.S.C. 3801 et seq., referred to below as the Act). 
The Act and the regulations contain provisions concerning the treatment 
of garbage to be fed to swine and the feeding of that garbage to swine. 
These provisions operate as safeguards against the spread of certain 
swine diseases in the United States.
    The regulations in Sec.  166.15 categorize States according to the 
respective status of each with regard to the feeding of garbage to 
swine. Some States prohibit this activity, while other States permit 
the feeding of garbage to swine; these States are listed in Sec.  
116.15(a) and (b), respectively.
    Under section 10 of the Act (7 U.S.C. 3809), a State will have 
primary enforcement responsibility for violations of laws and 
regulations related to the treatment and feeding of garbage if the 
Secretary determines that the State: (1) Has adopted adequate laws and 
regulations governing the treatment of garbage to be fed to swine and 
the feeding thereof which laws and regulations meet the minimum 
standards of the Act and regulations, (2) has adopted and is 
implementing adequate procedures for the effective enforcement of its 
garbage feeding laws and regulations, and (3) will keep records and 
make reports showing compliance with its garbage feeding laws and 
regulations and their enforcement as the Secretary may require by 
regulation. States that have primary enforcement responsibility are 
listed in Sec.  166.15(c).
    Prior to this rulemaking, Kansas and Oregon were listed in Sec.  
166.15(b) as States that permitted the feeding of treated garbage to 
swine and in Sec.  166.15(c) as States with primary enforcement 
responsibility. However, Kansas and Oregon have both repealed their 
laws permitting the feeding of treated garbage to swine. We are, 
therefore, removing Kansas and Oregon from the list of States in Sec.  
166.15(b) that permit the feeding of treated garbage to swine and are 
adding them to the list of States in Sec.  166.15(a) that prohibit the 
feeding of garbage to swine. We are also removing both States from the 
list in Sec.  166.15(c) of States that have primary enforcement 
responsibility.

Effective Date

    We are taking this action to update our regulations with respect to 
changes that have already occurred in the laws of Kansas and Oregon 
regarding the feeding of garbage to swine. It does not appear that 
public participation in this rulemaking proceeding would make 
additional relevant information available to the Department.
    Accordingly, pursuant to the administrative procedure provisions in 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedure with respect to this rule are unnecessary. We also 
find good cause for making this rule effective less than 30 days after 
publication in the Federal Register.

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.
    The decision regarding whether or not a State will permit the 
feeding of garbage to swine is made at the State level. Since the State 
of Kansas and the State of Oregon have each notified APHIS that State 
law now prohibits the feeding of garbage to swine, this rule simply 
amends the regulations to reflect each State's decision.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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 inconsistent 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 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 166

    Animal diseases, Hogs, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 166 is amended as follows:

PART 166--SWINE HEALTH PROTECTION

    1. The authority citation for part 166 continues to read as 
follows:

    Authority: 7 U.S.C. 3801-3813; 7 CFR 2.22, 2.8, and 371.4.


Sec.  166.15  [Amended]

    2. Section 166.15 is amended as follows:
    a. In paragraph (a), by adding, in alphabetical order, the words 
``Kansas,'' and ``Oregon,''.
    b. In paragraph (b), by removing the words ``Kansas,'' and 
``Oregon,''.
    c. In paragraph (c), by removing the words ``Kansas,'' and 
``Oregon,''.


[[Page 7416]]


    Done in Washington, DC, this 10th day of February 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-3687 Filed 2-13-03; 8:45 am]
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