82 FR 17594 - 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)

This proposed rule sets forth the U.S. Department of Agriculture's (USDA) intention to pursue one of several actions on the above titled Interim Final Rule (IFR) published in the Federal Register on December 20, 2016, by USDA's Grain Inspection, Packers and Stockyards Administration (GIPSA). USDA is asking the public to comment as to the possible actions USDA should take in regards to the disposition of the IFR. The IFR 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. The IFR was originally set to take effect on February 21, 2017, and is now being extended to October 19, 2017.

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Proposed Rules]
[Page 17594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07361]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


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

[[Page 17594]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB28


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

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

ACTION: Proposed rule.

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

SUMMARY: This proposed rule sets forth the U.S. Department of 
Agriculture's (USDA) intention to pursue one of several actions on the 
above titled Interim Final Rule (IFR) published in the Federal Register 
on December 20, 2016, by USDA's Grain Inspection, Packers and 
Stockyards Administration (GIPSA). USDA is asking the public to comment 
as to the possible actions USDA should take in regards to the 
disposition of the IFR. The IFR 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. 
The IFR was originally set to take effect on February 21, 2017, and is 
now being extended to October 19, 2017.

DATES: Interested persons are invited to submit written comments on 
this proposed rule on or before June 12, 2017.

ADDRESSES: We invite you to submit comments on the proposed rule by any 
of the following methods:
     Mail: M. Irene Omade, GIPSA, USDA, 1400 Independence 
Avenue SW., Room 2542A-S, Washington, DC 20250-3613.
     Hand Delivery or Courier: M. Irene Omade, GIPSA, USDA, 
1400 Independence Avenue SW., Room 2530-S, Washington, DC 20250-3613.
     Internet: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    Instructions: All comments should make reference to the date and 
page number of this issue of the Federal Register. All comments 
received will be included in the public docket without change, 
including any personal information provided. Regulatory analyses and 
other documents relating to this rulemaking will be available for 
public inspection in Room 2542A-S, 1400 Independence Avenue SW., 
Washington, DC 20250-3613 during regular business hours. All comments 
will be available for public inspection in the above office during 
regular business hours (7 CFR 1.27(b)). Please call the Management and 
Budget Services staff of GIPSA at (202) 720-8479 to arrange a public 
inspection of comments or other documents related to this rulemaking.

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:

Background

    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,'' GIPSA 
published in the Federal Register [81 FR 92566] a notice that extended 
the public comment period of the IFR until March 24, 2017, and delayed 
its effective date until April 22, 2017. Along with this proposed rule, 
GIPSA is also publishing a Notice in the Federal Register that further 
delays the effective date of the IFR until October 19, 2017.
    The IFR establishes by regulation 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. Codified at 9 CFR 201.3(a), the 
IFR specifically provides that the scope of Sections 202(a) and (b) of 
the P&S Act encompass 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 IFR finalizes a 
proposed Sec.  201.3(c) that GIPSA published in the Federal Register on 
June 22, 2010, 75 FR 35338, with slight modifications in order to allow 
additional public comment on the proposed provisions.

Actions Being Considered

    Because there are significant policy and legal issues addressed 
within the IFR that warrant further review by USDA, the public is being 
asked to comment on which of the following four actions they believe 
would be best for USDA to take with regard to the disposition of the 
IFR. Specifically, the public should submit their comments as to 
whether USDA should:
    (1) Allow the IFR to become effective,
    (2) Suspend the IFR indefinitely,
    (3) Delay the effective date of the IFR further, or
    (4) Withdraw the IFR.

Notice Delaying IFR Effective Date

    Concurrent with this proposed rule, GIPSA is publishing in the 
Rules and Regulations section of this issue of the Federal Register a 
document extending the effective date of the IFR by 180 days until 
October 19, 2017.

Randall D. Jones,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-07361 Filed 4-11-17; 8:45 am]
 BILLING CODE 3410-KD-P