[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Rules and Regulations]
[Pages 70179-70180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26613]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 232 / Friday, December 3, 2004 / 
Rules and Regulations  

[[Page 70179]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 166

[Docket No. 04-109-1]


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 Kentucky from the list of States that permit the feeding of 
treated garbage to swine and adding it to the list of States that 
prohibit garbage feeding. This action is necessary to reflect changes 
in the status of Kentucky, and thereby facilitate the administration of 
the swine health protection regulations.

DATES: This rule is effective December 3, 2004.

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 9 of the Act (7 U.S.C. 3808), the Animal and Plant 
Health Inspection Service (APHIS) is authorized to enter into 
cooperative agreements with State agencies, including States 
departments of agriculture, to more efficiently regulate the feeding of 
garbage to swine. These cooperative agreements may be entered into when 
APHIS determines that a State agency has adequate facilities, 
personnel, and procedures to assist the Department in the 
administration and enforcement of the regulations; the Department, 
however, retains primary enforcement under the Act. States that have 
entered into cooperative agreements to issue licenses under the 
regulations are listed in Sec.  166.15(d).
    Prior to this rulemaking, Kentucky was listed in Sec.  166.15(b) as 
a State that permitted the feeding of treated garbage to swine and in 
Sec.  166.15(d) as a State in a cooperative agreement with APHIS to 
issue licenses. However, Kentucky has repealed its laws permitting the 
feeding of treated garbage to swine. We are, therefore, removing 
Kentucky from the list in Sec.  166.15(b) of States that permit the 
feeding of treated garbage to swine and are adding it to the list in 
Sec.  166.15(a) of States that prohibit the feeding of garbage to 
swine. We are also removing Kentucky from the list in Sec.  166.15(d) 
of States that issue licenses under cooperative agreements with APHIS.

Effective Date

    We are taking this action to update our regulations with respect to 
changes that have already occurred in the laws of Kentucky 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 Kentucky has notified APHIS that State law now prohibits the feeding 
of garbage to swine, this rule simply amends the regulations to reflect 
the 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.


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Accordingly, 9 CFR part 166 is amended as follows:

PART 166--SWINE HEALTH PROTECTION

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

    Authority: 7 U.S.C. 3801-3813; 7 CFR 2.22, 2.80, and 371.4.

[[Page 70180]]

Sec.  166.15  [Amended]

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2. Section 166.15 is amended as follows:
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a. In paragraph (a), by adding, in alphabetical order, the word 
``Kentucky,''.
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b. In paragraph (b), by removing the word ``Kentucky,''.
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c. In paragraph (d), by removing the word ``Kentucky,''.

    Done in Washington, DC, this 29th day of November, 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-26613 Filed 12-2-04; 8:45 am]
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