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)

Page Range		17594-17594
FR Document		2017-07361

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 Issue 69 (Wednesday, April 12, 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

17594

Proposed Rules Federal Register
Vol. 82, No. 69

Wednesday, April 12, 2017

This section of the FEDERAL REGISTER • Internet: http:// Register on June 22, 2010, 75 FR 35338,
contains notices to the public of the proposed www.regulations.gov. Follow the on-line with slight modifications in order to
issuance of rules and regulations. The instructions for submitting comments. allow additional public comment on the
purpose of these notices is to give interested Instructions: All comments should proposed provisions.
persons an opportunity to participate in the make reference to the date and page
rule making prior to the adoption of the final number of this issue of the Federal Actions Being Considered
rules.
Register. All comments received will be Because there are significant policy
included in the public docket without and legal issues addressed within the
DEPARTMENT OF AGRICULTURE change, including any personal IFR that warrant further review by
information provided. Regulatory USDA, the public is being asked to
Grain Inspection, Packers and analyses and other documents relating comment on which of the following four
Stockyards Administration to this rulemaking will be available for actions they believe would be best for
public inspection in Room 2542A–S, USDA to take with regard to the
9 CFR Part 201 1400 Independence Avenue SW., disposition of the IFR. Specifically, the
Washington, DC 20250–3613 during public should submit their comments as
RIN 0580–AB28 regular business hours. All comments to whether USDA should:
will be available for public inspection in (1) Allow the IFR to become effective,
Scope of Sections 202(a) and (b) of the
the above office during regular business (2) Suspend the IFR indefinitely,
Packers and Stockyards Act (3) Delay the effective date of the IFR
hours (7 CFR 1.27(b)). Please call the
AGENCY: Grain Inspection, Packers and Management and Budget Services staff further, or
Stockyards Administration, USDA. of GIPSA at (202) 720–8479 to arrange (4) Withdraw the IFR.
ACTION: Proposed rule. a public inspection of comments or Notice Delaying IFR Effective Date
other documents related to this
SUMMARY: This proposed rule sets forth rulemaking. Concurrent with this proposed rule,
the U.S. Department of Agriculture’s GIPSA is publishing in the Rules and
FOR FURTHER INFORMATION CONTACT: S. Regulations section of this issue of the
(USDA) intention to pursue one of
several actions on the above titled Brett Offutt, Director, Litigation and Federal Register a document extending
Interim Final Rule (IFR) published in Economic Analysis Division, P&SP, the effective date of the IFR by 180 days
the Federal Register on December 20, GIPSA, 1400 Independence Ave. SW., until October 19, 2017.
2016, by USDA’s Grain Inspection, Washington, DC 20250, (202) 720–7051,
s.brett.offutt@usda.gov. Randall D. Jones,
Packers and Stockyards Administration
SUPPLEMENTARY INFORMATION: Acting Administrator, Grain Inspection,
(GIPSA). USDA is asking the public to Packers and Stockyards Administration.
comment as to the possible actions Background [FR Doc. 2017–07361 Filed 4–11–17; 8:45 am]
USDA should take in regards to the
Consistent with the memorandum of BILLING CODE 3410–KD–P
disposition of the IFR. The IFR
January 20, 2017, to the heads of
addresses the scope of sections 202(a)
executive departments and agencies
and (b) of the Packers and Stockyards
from the Assistant to the President and DEPARTMENT OF TRANSPORTATION
Act, 1921, as amended and
Chief of Staff entitled ‘‘Regulatory
supplemented (P&S Act) in order to Federal Aviation Administration
Freeze Pending Review,’’ GIPSA
clarify that conduct or action may
published in the Federal Register [81
violate sections 202(a) and (b) of the 14 CFR Part 39
FR 92566] a notice that extended the
P&S Act without adversely affecting, or
public comment period of the IFR until [Docket No. FAA–2017–0288; Directorate
having a likelihood of adversely
March 24, 2017, and delayed its Identifier 2017–CE–007–AD]
affecting, competition. The IFR was
effective date until April 22, 2017.
originally set to take effect on February RIN 2120–AA64
Along with this proposed rule, GIPSA is
21, 2017, and is now being extended to
also publishing a Notice in the Federal
October 19, 2017. Airworthiness Directives; Textron
Register that further delays the effective
DATES: Interested persons are invited to Aviation Inc. Airplanes
date of the IFR until October 19, 2017.
submit written comments on this The IFR establishes by regulation the AGENCY: Federal Aviation
proposed rule on or before June 12, USDA’s long held interpretation that not Administration (FAA), DOT.
2017. all violations of the P&S Act require a ACTION: Notice of proposed rulemaking
ADDRESSES: We invite you to submit showing of harm or likely harm to (NPRM).
comments on the proposed rule by any competition. Codified at 9 CFR 201.3(a),
of the following methods: the IFR specifically provides that the SUMMARY: We propose to adopt a new
mstockstill on DSK30JT082PROD with PROPOSALS

• Mail: M. Irene Omade, GIPSA, scope of Sections 202(a) and (b) of the airworthiness directive (AD) for all
USDA, 1400 Independence Avenue P&S Act encompass conduct or action Textron Aviation Inc. Models A36TC
SW., Room 2542A–S, Washington, DC that, depending on their nature and the and B36TC airplanes. This proposed AD
20250–3613. circumstances, can be found to violate was prompted by a fatal accident where
• Hand Delivery or Courier: M. Irene the P&S Act without a finding of harm the exhaust tailpipe fell off during
Omade, GIPSA, USDA, 1400 or likely harm to competition. This IFR takeoff. This proposed AD would add a
Independence Avenue SW., Room finalizes a proposed § 201.3(c) that life limit to the exhaust tailpipe v-band
2530–S, Washington, DC 20250–3613. GIPSA published in the Federal coupling (clamp) that attaches the

VerDate Sep<11>2014 16:50 Apr 11, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12APP1.SGM 12APP1

Document Created: 2017-04-12 00:23:08
Document Modified: 2017-04-12 00:23:08

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		Proposed Rules
Action		Proposed rule.
Dates		Interested persons are invited to submit written comments on this proposed rule on or before June 12, 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 17594
RIN Number		0580-AB28

82 FR 17594 - 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