[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Rules and Regulations]
[Page 7415-7416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-4]
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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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