82 FR 17531 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range		17531-17531
FR Document		2017-07360

The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is delaying the effective date of the rule published on December 20, 2016, for an additional six months to October 19, 2017, in response to a comment received from a national general farm organization that requested an extension of time and to allow time for further consideration by USDA. The effective date for this rule was originally February 21, 2017, and subsequently delayed to April 22, 2017, by a document published in the Federal Register on February 7, 2017. The interim final rule addresses the scope of sections 202(a) and (b) of the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act) in order to clarify that conduct or action may violate sections 202(a) and (b) of the P&S Act without adversely affecting, or having a likelihood of adversely affecting, competition.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Page 17531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07360]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / 
Rules and Regulations

[[Page 17531]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB25


Scope of Sections 202(a) and (b) of the Packers and Stockyards 
Act

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Interim final rule; notice of delay of effective date.

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

SUMMARY: The United States Department of Agriculture's (USDA) Grain 
Inspection, Packers and Stockyards Administration (GIPSA) is delaying 
the effective date of the rule published on December 20, 2016, for an 
additional six months to October 19, 2017, in response to a comment 
received from a national general farm organization that requested an 
extension of time and to allow time for further consideration by USDA. 
The effective date for this rule was originally February 21, 2017, and 
subsequently delayed to April 22, 2017, by a document published in the 
Federal Register on February 7, 2017. The interim final rule addresses 
the scope of sections 202(a) and (b) of the Packers and Stockyards Act, 
1921, as amended and supplemented (P&S Act) in order to clarify that 
conduct or action may violate sections 202(a) and (b) of the P&S Act 
without adversely affecting, or having a likelihood of adversely 
affecting, competition.

DATES: The effective date for the interim final rule amending 9 CFR 
part 201, published at 81 FR 92566, December 20, 2016, delayed at 82 FR 
9489, February 7, 2017, is further delayed until October 19, 2017.

FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Litigation 
and Economic Analysis Division, P&SP, GIPSA, 1400 Independence Ave. 
SW., Washington, DC 20250, (202) 720-7051, [email protected].

SUPPLEMENTARY INFORMATION: Consistent with the memorandum of January 
20, 2017, to the heads of executive departments and agencies from the 
Assistant to the President and Chief of Staff entitled ``Regulatory 
Freeze Pending Review,'' on February 7, 2017, GIPSA extended the public 
comment period and delayed the effective date of the interim final rule 
entitled ``Scope of sections 202(a) and (b) of the Packers and 
Stockyards Act'' that was published in the Federal Register on December 
20, 2016, 81 FR 92566. The comment period was extended at that time to 
March 24, 2017, and the effective date delayed to April 22, 2017.
    Given the significant public interest in this rule, GIPSA has found 
that the initial delay of the effective date to April 22, 2017, will 
likely not provide sufficient time for USDA to adequately consider all 
comments received and make informed policy decisions regarding this 
rule. GIPSA is therefore further delaying the effective date of this 
rule an additional 180 days to October 19, 2017. In addition, GIPSA 
will publish a proposed rule that solicits public comments on the 
direction that USDA should take with respect to the rule. The public 
will have a 60-day comment period to specify whether USDA should (1) 
let the rule become effective, (2) suspend the rule indefinitely, (3) 
delay the effective date of the rule further, or (4) withdraw the rule.
    As published, this interim final rule states the USDA's long held 
interpretation that not all violations of the P&S Act require a showing 
of harm or likely harm to competition. Section 201.3(a) specifically 
provides that the scope of section 202(a) and (b) encompasses conduct 
or action that, depending on their nature and the circumstances, can be 
found to violate the P&S Act without a finding of harm or likely harm 
to competition. This interim final rule finalizes a proposed Sec.  
201.3(c) that GIPSA published on June 22, 2010, 75 FR 35338, with 
slight modifications in order to allow additional public comment on 
these provisions.
    To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is 
exempt from notice and comment rulemaking for good cause and for 
reasons cited above, GIPSA finds that notice and solicitation of 
comment regarding the extension of the effective date of the interim 
final rule are impracticable, unnecessary, or contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(B). The delay of the effective 
date until October 19, 2017, should give GIPSA sufficient time to 
receive and consider public comments and to take action on the 
disposition of the IFR. Delaying the effective date would also reduce 
confusion or uncertainty for the industry while GIPSA determines the 
appropriate final disposition of the IFR. GIPSA believes that affected 
parties need to be informed as soon as possible of the extension and 
its length.

Randall D. Jones,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-07360 Filed 4-11-17; 8:45 am]
 BILLING CODE 3410-KD-P

17531

Rules and Regulations Federal Register
Vol. 82, No. 69

Wednesday, April 12, 2017

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Consistent the effective date of the interim final
contains regulatory documents having general with the memorandum of January 20, rule are impracticable, unnecessary, or
applicability and legal effect, most of which 2017, to the heads of executive contrary to the public interest pursuant
are keyed to and codified in the Code of departments and agencies from the to 5 U.S.C. 553(b)(B). The delay of the
Federal Regulations, which is published under Assistant to the President and Chief of effective date until October 19, 2017,
50 titles pursuant to 44 U.S.C. 1510.
Staff entitled ‘‘Regulatory Freeze should give GIPSA sufficient time to
The Code of Federal Regulations is sold by Pending Review,’’ on February 7, 2017, receive and consider public comments
the Superintendent of Documents. GIPSA extended the public comment and to take action on the disposition of
period and delayed the effective date of the IFR. Delaying the effective date
the interim final rule entitled ‘‘Scope of would also reduce confusion or
DEPARTMENT OF AGRICULTURE sections 202(a) and (b) of the Packers uncertainty for the industry while
and Stockyards Act’’ that was published GIPSA determines the appropriate final
Grain Inspection, Packers and in the Federal Register on December 20, disposition of the IFR. GIPSA believes
Stockyards Administration 2016, 81 FR 92566. The comment period that affected parties need to be informed
was extended at that time to March 24, as soon as possible of the extension and
9 CFR Part 201 2017, and the effective date delayed to its length.
RIN 0580–AB25 April 22, 2017.
Randall D. Jones,
Given the significant public interest
Scope of Sections 202(a) and (b) of the Acting Administrator, Grain Inspection,
in this rule, GIPSA has found that the
Packers and Stockyards Act Packers and Stockyards Administration.
initial delay of the effective date to
[FR Doc. 2017–07360 Filed 4–11–17; 8:45 am]
AGENCY: Grain Inspection, Packers and April 22, 2017, will likely not provide
BILLING CODE 3410–KD–P
Stockyards Administration, USDA. sufficient time for USDA to adequately
ACTION: Interim final rule; notice of
consider all comments received and
delay of effective date. make informed policy decisions
regarding this rule. GIPSA is therefore DEPARTMENT OF TRANSPORTATION
SUMMARY: The United States Department further delaying the effective date of this
of Agriculture’s (USDA) Grain rule an additional 180 days to October Federal Aviation Administration
Inspection, Packers and Stockyards 19, 2017. In addition, GIPSA will
Administration (GIPSA) is delaying the publish a proposed rule that solicits 14 CFR Part 25
effective date of the rule published on public comments on the direction that [Docket No. FAA–2016–4158; Special
December 20, 2016, for an additional six USDA should take with respect to the Conditions No. 25–656–SC]
months to October 19, 2017, in response rule. The public will have a 60-day
to a comment received from a national comment period to specify whether Special Conditions: Bombardier Inc.
general farm organization that requested USDA should (1) let the rule become Model BD–700–2A12 and BD–700–
an extension of time and to allow time effective, (2) suspend the rule 2A13 Airplanes; Fuselage In-Flight Fire
for further consideration by USDA. The indefinitely, (3) delay the effective date Safety and Flammability Resistance of
effective date for this rule was originally of the rule further, or (4) withdraw the Aluminum-Lithium Material
February 21, 2017, and subsequently rule. AGENCY: Federal Aviation
delayed to April 22, 2017, by a As published, this interim final rule Administration (FAA), DOT.
document published in the Federal states the USDA’s long held ACTION: Final special conditions.
Register on February 7, 2017. The interpretation that not all violations of
interim final rule addresses the scope of the P&S Act require a showing of harm SUMMARY: These special conditions are
sections 202(a) and (b) of the Packers or likely harm to competition. Section issued for the Bombardier Inc.
and Stockyards Act, 1921, as amended 201.3(a) specifically provides that the (Bombardier) Model BD–700–2A12 and
and supplemented (P&S Act) in order to scope of section 202(a) and (b) BD–700–2A13 airplanes. These
clarify that conduct or action may encompasses conduct or action that, airplanes will have a novel or unusual
violate sections 202(a) and (b) of the depending on their nature and the design feature when compared to the
P&S Act without adversely affecting, or circumstances, can be found to violate state of technology envisioned in the
having a likelihood of adversely the P&S Act without a finding of harm airworthiness standards for transport-
affecting, competition. or likely harm to competition. This category airplanes. This design feature
DATES: The effective date for the interim interim final rule finalizes a proposed is a fuselage fabricated using aluminum-
final rule amending 9 CFR part 201, § 201.3(c) that GIPSA published on June lithium materials instead of
published at 81 FR 92566, December 20, 22, 2010, 75 FR 35338, with slight conventional aluminum. The applicable
2016, delayed at 82 FR 9489, February modifications in order to allow airworthiness regulations do not contain
7, 2017, is further delayed until October additional public comment on these adequate or appropriate fire-safety
pmangrum on DSK3GDR082PROD with RULES

19, 2017. provisions. standards for this design feature. These
FOR FURTHER INFORMATION CONTACT: S. To the extent that 5 U.S.C. 553(b)(A) special conditions contain the
Brett Offutt, Director, Litigation and applies to this action, it is exempt from additional fire-safety standards that the
Economic Analysis Division, P&SP, notice and comment rulemaking for Administrator considers necessary to
GIPSA, 1400 Independence Ave. SW., good cause and for reasons cited above, establish a level of safety equivalent to
Washington, DC 20250, (202) 720–7051, GIPSA finds that notice and solicitation that established by the existing
s.brett.offutt@usda.gov. of comment regarding the extension of airworthiness standards.

VerDate Sep<11>2014 15:14 Apr 11, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12APR1.SGM 12APR1

Document Created: 2017-04-12 00:23:28
Document Modified: 2017-04-12 00:23:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule; notice of delay of effective date.
Dates		The effective date for the interim final rule amending 9 CFR part 201, published at 81 FR 92566, December 20, 2016, delayed at 82 FR 9489, February 7, 2017, is further delayed until October 19, 2017.
Contact		S. Brett Offutt, Director, Litigation and Economic Analysis Division, P&SP, GIPSA, 1400 Independence Ave. SW., Washington, DC 20250, (202) 720-7051, [email protected]
FR Citation		82 FR 17531
RIN Number		0580-AB25

82 FR 17531 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act

DEPARTMENT OF AGRICULTUREGrain Inspection, Packers and Stockyards Administration

Federal Register Volume 82, Issue 69 (April 12, 2017)

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration