15218 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 

Swine Industry Crisis, April 2008 (http:// 

www.wppa.org/Portals/wppa/ 

WebEconomicImpactFinalpdf.pdf), and 137,758,900 

market swine is from footnote 9. We note that the 

716 pounds of feed consumption per animal is less 

than half of the food waste consumption per 

garbage-fed animal reported by Spinelli and Corso 

(2000). 

11Felix J. Spinelli and Barbara Corso, ‘‘The 

Economics of Feeding Processed Food Waste to 

Swine’’ in Michael L. Westendorf (ed.) Food Waste 

in Animal Feed, Iowa State University Press, 2000. 

12An estimated 293,330 tons of food waste used 

in 2007, multiplied by a heating cost of $6.67 per 

ton, multiplied by 5 percent equals $97,826. 

13SBA, Small Business Size Standards matched 

to North American Industry Classification System 

2002, Effective July, 2006 (http://www.sba.gov/size/ 

sizetable2002.html). 

14This average income is calculated by 

multiplying the number of market swine fed food 

waste by their average market value, and dividing 

that product by the number of garbage feeders in 

2007: 160,000*$73/2,722 = $4,290.96. 

This interim rule provides that, 

although industrially processed 

products that meet the definition of 

garbage must, as a general rule, be 

heated at boiling for 30 minutes before 

being fed to swine, those materials that 

meet the definition of processed product 

(i.e., that have undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

have, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or have been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator) are 

exempt from the requirement for 

boiling. The main heat treatment 

methods used by garbage feeders are 

direct-fire cookers (mostly for smaller 

loads) and steam injection cookers 

(larger loads). Spinelli and Corso (2000) 

assumed an average heating cost of $5 

per ton in 1997 (or about $6.67 per ton 

in 2008 dollars) for food waste heated at 

212 °F for 30 minutes.11

We do not know what proportion of 

garbage as defined in part 166 is derived 

in whole or in part from animal material 

that has undergone heating to 167 °F for 

30 minutes or has been subjected to an 

industrial process that provides an 

equivalent level of disease mitigation. 

As an illustrative example of the 

potential effect of this rule on producers 

who feed to swine those materials that 

meet the definition of processed 

product, if such materials were to 

comprise 5 percent of garbage fed to 

swine, then the cost to producers who 

feed such materials could be nearly 

$100,000 less overall than it would be 

if all such processed product were 

treated by being heated at boiling for 30 

minutes.12

Affected Small Entities 

The Small Business Administration 

(SBA) has established size standards for 

determining whether firms are 

considered small under the Regulatory 

Flexibility Act. The majority of U.S. 

swine producers (NAICS 112210) are 

small entities, based on the SBA smallentity standard of not more than 

$750,000 in annual receipts.13 In 2007, 

there were a total 2,722 feeders that 

potentially could be affected by this 

rule, depending upon whether they 

include processed products in their 

feed. The average income of these 

entities is estimated to be about $4,290, 

well below the small-entity size 

standard.14

Summary 

Producers known to feed garbage to 

swine numbered 2,722 in 2007 (about 3 

percent of all swine producers), and 

produced only about 0.12 percent of the 

swine marketed that year. Of these 

producers, the cost of feeding garbage to 

swine will be less for those who use 

processed products as feed. The rule 

will also provide swine producers who 

do not currently feed garbage to swine 

the option of feeding to swine processed 

product that is not required to be heated 

at boiling for 30 minutes at a licensed 

facility. 

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 

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. 

Paperwork Reduction Act 

This interim 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, we are amending 9 CFR 

part 166 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. 

■ 2. In § 166.1, a definition of processed 

product is added, in alphabetical order, 

to read as follows: 

§ 166.1 Definitions in alphabetical order. 

* * * * * 

Processed product. Material derived 

in whole or in part from the meat of any 

animal (including fish and poultry) or 

other animal material, and other refuse 

of any character whatsoever that has 

been associated with any such material, 

that has undergone an industrial 

manufacturing procedure to prevent 

spoilage or add shelf stability, and that 

has, at a minimum, been cooked to a 

temperature of 167 °F (75 °C) for at least 

30 minutes or has been subjected to an 

industrial process demonstrated to 

provide an equivalent level of 

inactivation of disease organisms, as 

approved by the Administrator. 

* * * * * 

§ 166.2 [Amended] 

■ 3. In § 166.2, paragraph (a) is amended 

by adding the words ‘‘Processed 

products;’’ immediately after the words 

‘‘any of the following:’’. 

Done in Washington, DC, this 31st day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7507 Filed 4–2–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0162] 

Drawbridge Operation Regulation; 

Houma Navigation Canal, Mile 36.0, at 

Houma, Terrebonne Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 


tjames on PRODPC75 with RULES
Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Rules and Regulations 15219 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 661 

Swing Bridge across the Houma 

Navigation Canal, mile 36.0, in Houma, 

Terrebonne Parish, Louisiana. The 

deviation is necessary to replace the 

wedge assemblies on the bridge. This 

deviation allows the bridge to remain 

closed during daytime hours with three 

approved openings and remain in the 

open-to-navigation position at night for 

the passage of vessels. 

DATES: This deviation is effective from 

6 a.m. on April 20, 2009 through 8 p.m. 

on April 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0162 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the Eighth 

Coast Guard District, Bridge 

Administration Branch, Hale Boggs 

Federal Building, Room 1313, 500 

Poydras Street, New Orleans, Louisiana 

70130–3310 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

David Frank, Bridge Administration 

Branch, telephone (504) 671–2128. 

SUPPLEMENTARY INFORMATION: Louisiana 

Department of Transportation and 

Development has requested a temporary 

deviation from the operating schedule of 

the State Route 661 Swing Bridge across 

the Houma Navigation Canal, mile 36.0, 

in Houma, Terrebonne Parish, 

Louisiana. The closure is necessary to 

allow for repairs to the bridge. From 

Monday, April 20, 2009, until Thursday, 

April 30, 2009, the contractor plans to 

work from 6 a.m. until 8 p.m. daily with 

three scheduled openings for the 

passage of vessels. From 8 p.m. until 6 

a.m. daily, the bridge will remain in the 

open to navigation position for the 

passage of vessels. 

The vertical clearance of the swing 

bridge in the closed-to-navigation 

position is 1.0 feet and unlimited in the 

open-to-navigation position. If for any 

reason, the contractor is not working 

during this period, the bridge will be 

returned to normal operation and must 

open on signal. If the maintenance work 

is completed prior to April 30, 2009, the 

bridge will be returned to normal 

operation. The bridge owner will keep 

the Coast Guard informed as to any 

change in the schedule so that proper 

notices to mariners may be issued 

informing the public of changes to the 

operation of the bridge. 

Presently, the bridge operates in 

accordance with 33 CFR 117.455 which 

requires the draw of the bridge across 

the Houma Navigation Canal at S661, 

mile 36.0 at Houma, to open on signal, 

except that the draw need not be opened 

for the passage of vessels Monday 

through Friday except holidays from 7 

a.m. to 8:30 a.m., from 11:45 a.m. to 

12:15 p.m., from 12:45 p.m. to 1:15 p.m., 

and 4:30 p.m. to 6 p.m. This deviation 

will allow the bridge to remain in the 

closed-to-navigation position from 6 

a.m. until 8 p.m. daily; except that, the 

draw will open on signal for the passage 

of vessels at 8 a.m., noon, and 4 p.m. 

From 8 p.m. until 6 a.m., the bridge will 

remain in the open-to-navigation 

position for the passage of vessel. The 

temporary deviation will begin on 

Monday, April 20, 2009 and continue 

through 8 p.m. on Thursday, April 30, 

2009. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational craft. Due to 

prior experience and coordination with 

waterway users it has been determined 

that this closure will not have a 

significant effect on these vessels. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 16, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–7528 Filed 4–2–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–1155; FRL–8767–5] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Updated Statutory and Regulatory 

Provisions; Rescissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Clean Air Act, EPA 

is approving a revision to the Nevada 

state implementation plan involving 

legal authority. This revision was one of 

the provisions that were the subject of 

a proposed rule published in the 

Federal Register on December 14, 2007. 

EPA is taking this action under the 

Clean Air Act obligation to take action 

on submittals of revisions to state 

implementation plans. The effect of this 

action is to update the Nevada state 

implementation plan. 

DATES: Effective Date: This rule is 

effective on May 4, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2007–1155 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments, Previous Related Final 

Rule, and State Submittal of Public 

Process Documentation 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 14, 2007 (72 FR 71095), 

under the Clean Air Act (CAA or ‘‘Act’’), 

EPA proposed approval of certain 

revisions, and disapproval of certain 

other revisions, to the Nevada State 

Implementation Plan (SIP) that had been 

submitted by the Nevada Division of 

Environmental Protection (NDEP) on 

January 12, 2006 and June 26, 2007. The 

provisions that were proposed for 

approval on December 14, 2007 

included certain definitions; prohibitory 

rules; provisions related to legal 

authority and enforcement; rules 

establishing opacity, sulfur and volatile 

organic compound limits; and rescission 

of abbreviations. The proposed 

disapprovals related to rescission of a 

certain definition and rescission of a 

rule related to emission discharge 

information. In our proposed rule, we 

indicated that that the approval of a 

certain statutory provision related to 

legal authority (i.e., [Nevada Revised 

Statutes (NRS) section 445B.310 


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