[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64414-64415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25367]


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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: Final rule.

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SUMMARY: We are amending 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 will allow 
us to use a notice-based, streamlined approach to update the lists 
while continuing to protect swine health in the United States.

DATES: Effective December 23, 2019.

FOR FURTHER INFORMATION CONTACT: Dr. Ross Free, Veterinary Services, 
APHIS, 920 Main Campus Dr. #200, Raleigh, NC 27606; email: 
[email protected]; phone: (919) 855-7712.

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. Section 166.15 of the 
regulations contains provisions regarding garbage feeding and 
enforcement responsibility, with lists of States that are subject to 
each provision.
    On June 20, 2019, we published in the Federal Register (84 FR 
28774-28775, Docket No. APHIS-2018-0067) a proposal \1\ to amend the 
regulations by moving the State status lists for garbage feeding of 
swine in Sec.  166.15 from the regulations to the Animal and Plant 
Health Inspection Service (APHIS) website. As a result of this move, 
any subsequent change to a State's status will be announced through a 
notice published in the Federal Register in conjunction with updating 
that status on the APHIS website.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0067.
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    We solicited comments concerning our proposal for 60 days ending 
August 19, 2019. We received four comments by that date. They were from 
a national organization representing pork producers and members of the 
public. All responses were in favor of moving the State status lists in 
Sec.  166.15 from the regulations to the APHIS website.
    One commenter stated that we should ensure that information be made 
available in an alternative format for persons without online access.
    In Sec.  166.15(b), we note that 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.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule, without change.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This final 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 rule is not an Executive 
Order 13771 regulatory action because this 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 
on the Regulations.gov website (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    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 revising the regulations by moving the State status lists in 
Sec.  166.15 from the regulations to the APHIS website. As a result of 
this move, any subsequent additions, deletions, and other changes to a 
State's status will be made using a notice-based process.
    This final 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 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 2 CFR chapter IV.)

Executive Order 12988

    This final 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.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995

[[Page 64415]]

(44 U.S.C. 3501 et seq.), the information collection requirements 
included in this final 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 rule, please contact Mr. Joseph Moxey, 
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 are amending 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;
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b. Revising the text of footnote 1; and
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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 18th day of November 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-25367 Filed 11-21-19; 8:45 am]
 BILLING CODE 3410-34-P