[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Proposed Rules]
[Pages 28774-28775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13154]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / 
Proposed Rules  

[[Page 28774]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 166

[Docket No. APHIS-2018-0067]
RIN 0579-AE50


Swine Health Protection Act; Amendments to Garbage Feeding 
Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the Swine Health Protection Act 
regulations by removing the State status lists from the regulations in 
order to maintain these lists on the Agency's website. These changes 
would allow us to use a notice-based, streamlined approach to update 
the lists while continuing to protect swine health in the United 
States.

DATES: We will consider all comments that we receive on or before 
August 19, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0067.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2018-0067, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2018-
0067 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. John Korslund, DVM, Staff Officer, 
Veterinary Services, Surveillance, Preparedness, and Response Services, 
APHIS, 4700 River Road Unit 46, Riverdale, MD 20737-1236; email: 
[email protected]; phone: (301) 851-3468.

SUPPLEMENTARY INFORMATION:

Background

    The Swine Health Protection Act (7 U.S.C. 3801 et seq., referred to 
below as the Act) is intended to protect the commerce, health, and 
welfare of the people of the United States by ensuring that food waste 
fed to swine does not contain active disease organisms that pose a risk 
to domestic swine. The regulations in 9 CFR part 166 regarding swine 
health protection (referred to below as the regulations) were 
promulgated in accordance with the Act.
    The regulations contain provisions that regulate food waste 
containing any meat products fed to swine. Compliance with these 
regulations ensures that all food waste fed to swine is properly 
treated to kill disease organisms. Raw or undercooked meat may transmit 
numerous infectious or communicable diseases to swine, including exotic 
viral diseases such as foot-and-mouth disease, African swine fever, 
classical swine fever, and swine vesicular disease. Under the 
regulations, food waste containing meat may be fed to swine only if it 
has been treated to kill disease organisms.
    Section 166.15 of the regulations contains provisions regarding 
garbage feeding and enforcement responsibility, with lists of States 
that are subject to each provision. Paragraph (a) lists States 
prohibiting feeding garbage to swine, paragraph (b) lists States 
permitting the feeding of treated garbage to swine, paragraph (c) lists 
States with primary enforcement responsibility under the Act, and 
paragraph (d) lists States without primary enforcement responsibility 
under the Act issuing licenses under a cooperative agreement with the 
Animal and Plant Health Inspection Service (APHIS). Paragraph (e) 
provides contact information for persons with questions about the 
feeding of garbage to swine.
    The last change to a State's status in Sec.  166.15 was made in 
2004. Historically, changes to State statuses have been announced 
through a final rule published in the Federal Register. These final 
rules, published without an initial proposed rule or comment period, 
affirmed changes already made by a State to its laws governing the 
feeding of garbage to swine. We determined that, because these rules 
reflected already completed State actions to their garbage feeding 
laws, soliciting public comments would not yield additional relevant 
information.
    We are proposing to revise Sec.  166.15 by moving the State status 
lists in Sec.  166.15(a) through (d) from the regulations to the APHIS 
website. As a result of this move, any subsequent changes to a State's 
status would be communicated through a notice, i.e., we would publish a 
notice in the Federal Register announcing the change to the State's 
status in conjunction with updating the lists maintained on the APHIS 
website. This action would allow us to provide more timely and up-to-
date information about State and territory statuses to our stakeholders 
and the public.
    As revised, proposed Sec.  166.15 would list the categories of 
States currently described in paragraphs (a) through (d) while 
referencing the location of the State lists in a website address. We 
would also retain the contact information found in paragraph (e).
    These changes would allow us to use a notice-based, streamlined 
approach to update the lists while continuing to protect swine health 
in the United States.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. This proposed rule is 
not expected to be an Executive Order 13771 regulatory action because 
this proposed rule is not significant under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER

[[Page 28775]]

INFORMATION CONTACT or on the Regulations.gov website (see ADDRESSES 
above for instructions for accessing Regulations.gov).
    In accordance with the Swine Health Protection Act (7 U.S.C. 3801 
et seq.), APHIS regulates food waste containing any meat products fed 
to swine. Raw or undercooked meat may transmit numerous infectious or 
communicable diseases. Compliance with these regulations ensures that 
all food waste fed to swine is properly treated to kill disease 
organisms.
    We are proposing to revise the regulations by moving the State 
status lists in Sec.  166.15(a) through (d) from the regulations to the 
APHIS website. As a result of this proposed move, any subsequent 
additions, deletions, and other changes to a State's status would be 
made using a notice-based process.
    The proposed rule, while facilitating changes to the State status 
lists, is not expected to have an economic impact on hog and pig farms.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 2 CFR chapter IV.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection 
requirements included in this proposed rule have already been approved 
by the Office of Management and Budget (OMB) under OMB control number 
0579-0065.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in 9 CFR Part 166

    Animal diseases, Reporting and recordkeeping requirements, Swine.

    Accordingly, we propose to amend 9 CFR part 166 as follows:

PART 166--SWINE HEALTH PROTECTION

0
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.

0
2. Section 166.12 is amended by:
0
a. Removing the phrase ``listed in Sec.  166.15(d) of this part'' each 
time it appears and adding the phrase ``referenced in Sec.  166.15(a)'' 
in its place;
0
b. Revising footnote 1; and
0
c. Removing the words ``of this part'' in paragraph (c).
    The revision reads as follows:


Sec.  166.12  Cancellation of licenses.

* * * * *
\1\ To find the name and address of the Area Veterinarian in Charge, 
go to https://www.aphis.usda.gov/animal_health/contacts/field-operations-districts.pdf.
0
 3. Section 166.15 is revised to read as follows:


Sec.  166.15  State status.

    (a) The Animal and Plant Health Inspection Service (APHIS) will 
maintain on its website \2\ the following lists of States:

    (1) States that prohibit the feeding of garbage to swine;
    (2) States that allow the feeding of treated garbage to swine;
    (3) States that have primary enforcement responsibility under the 
Act; and
    (4) States that issue licenses under cooperative agreements with 
APHIS, but do not have primary responsibility under the Act.
    (b) For information concerning the feeding of garbage to swine, the 
public may contact the APHIS Area Veterinarian in Charge, the State 
animal health official, or Veterinary Services, 4700 River Road Unit 
37, Riverdale, MD 20737-1231.

\2\ https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information.

    Done in Washington, DC, this 14th day of June 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-13154 Filed 6-19-19; 8:45 am]
 BILLING CODE 3410-34-P