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                    Document headings vary by document type but may contain                    the following:                  
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###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - 9 CFR Part 166
          - [Docket No. 04-109-1]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Final rule.

# 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 § 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 § 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 § 166.15(d).

Prior to this rulemaking, Kentucky was listed in § 166.15(b) as a State that permitted the feeding of treated garbage to swine and in § 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 § 166.15(b) of States that permit the feeding of treated garbage to swine and are adding it to the list in § 166.15(a) of States that prohibit the feeding of garbage to swine. We are also removing Kentucky from the list in § 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

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, 2.80, and 371.4.

      ( print page 70180)    
§ 166.15 

2. Section 166.15 is amended as follows: 

a. In paragraph (a), by adding, in alphabetical order, the word “Kentucky,”. 

b. In paragraph (b), by removing the word “Kentucky,”. 

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]

BILLING CODE 3410-34-P