82 FR 9489 - 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 24 (February 7, 2017)

Page Range		9489-9489
FR Document		2017-02496

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,'' the Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) is extending the public comment period and delaying the effective date of the rule published on December 20, 2016. This interim final rule adds a paragraph to Sec. 201.3 addressing 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. This rule was originally set to take effect on February 21, 2017.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Page 9489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02496]



========================================================================
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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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


Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / 
Rules and Regulations

[[Page 9489]]



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 and 
extension of comment period.

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

SUMMARY: 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,'' the Department of Agriculture's Grain Inspection, Packers and 
Stockyards Administration (GIPSA) is extending the public comment 
period and delaying the effective date of the rule published on 
December 20, 2016. This interim final rule adds a paragraph to Sec.  
201.3 addressing 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. This rule was originally set to 
take effect on February 21, 2017.

DATES: Effective February 7, 2017, the effective date of the interim 
final rule amending 9 CFR part 201, published at 81 FR 92566, December 
20, 2016 is delayed until April 22, 2017. Interested persons are 
invited to submit written comments on this interim final rule on or 
before March 24, 2017.

ADDRESSES: We invite you to submit comments on this interim final 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: 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 is extending the public comment period 
and delaying 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.
    This interim final rule states the 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 brief extension of the effective date of the 
interim finalrule are impracticable, unnecessary, or contrary to the 
public interest pursuant to 5 U.S.C. 553(b)(B). GIPSA believes that 
affected parties need to be informed as soon as possible of the 
extension and its length.

Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-02496 Filed 2-6-17; 8:45 am]
 BILLING CODE 3410-KD-P

9489

Rules and Regulations Federal Register
Vol. 82, No. 24

Tuesday, February 7, 2017

This section of the FEDERAL REGISTER ADDRESSES: We invite you to submit depending on their nature and the
contains regulatory documents having general comments on this interim final rule by circumstances, can be found to violate
applicability and legal effect, most of which any of the following methods: the P&S Act without a finding of harm
are keyed to and codified in the Code of • Mail: M. Irene Omade, GIPSA, or likely harm to competition. This
Federal Regulations, which is published under USDA, 1400 Independence Avenue interim final rule finalizes a proposed
50 titles pursuant to 44 U.S.C. 1510. SW., Room 2542A–S, Washington, DC § 201.3(c) that GIPSA published on June
The Code of Federal Regulations is sold by 20250–3613. 22, 2010, 75 FR 35338, with slight
the Superintendent of Documents. Prices of • Hand Delivery or Courier: M. Irene modifications in order to allow
new books are listed in the first FEDERAL Omade, GIPSA, USDA, 1400 additional public comment on these
REGISTER issue of each week. Independence Avenue SW., Room provisions.
2530–S, Washington, DC 20250–3613. To the extent that 5 U.S.C. 553(b)(A)
• Internet: http:// applies to this action, it is exempt from
DEPARTMENT OF AGRICULTURE www.regulations.gov. Follow the on-line notice and comment rulemaking for
instructions for submitting comments. good cause and for reasons cited above,
Grain Inspection, Packers and Instructions: All comments should GIPSA finds that notice and solicitation
Stockyards Administration make reference to the date and page of comment regarding the brief
number of this issue of the Federal extension of the effective date of the
9 CFR Part 201 Register. All comments received will be interim finalrule are impracticable,
included in the public docket without unnecessary, or contrary to the public
RIN 0580–AB25 change, including any personal interest pursuant to 5 U.S.C. 553(b)(B).
information provided. Regulatory GIPSA believes that affected parties
Scope of Sections 202(a) and (b) of the analyses and other documents relating need to be informed as soon as possible
Packers and Stockyards Act to this rulemaking will be available for of the extension and its length.
public inspection in Room 2542A–S,
AGENCY: Grain Inspection, Packers and 1400 Independence Avenue SW., Marianne Plaus,
Stockyards Administration, USDA. Washington, DC 20250–3613 during Acting Administrator, Grain Inspection,
ACTION: Interim final rule; notice of regular business hours. All comments Packers and Stockyards Administration.
delay of effective date and extension of will be available for public inspection in [FR Doc. 2017–02496 Filed 2–6–17; 8:45 am]
comment period. the above office during regular business BILLING CODE 3410–KD–P
hours (7 CFR 1.27(b)). Please call the
SUMMARY: Consistent with the Management and Budget Services staff
memorandum of January 20, 2017, to of GIPSA at (202) 720–8479 to arrange DEPARTMENT OF TRANSPORTATION
the heads of executive departments and a public inspection of comments or
agencies from the Assistant to the other documents related to this Federal Aviation Administration
President and Chief of Staff entitled rulemaking.
‘‘Regulatory Freeze Pending Review,’’ FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39
the Department of Agriculture’s Grain S. Brett Offutt, Director, Litigation and
Inspection, Packers and Stockyards [Docket No. FAA–2016–7261; Directorate
Economic Analysis Division, P&SP, Identifier 2016–NM–004–AD; Amendment
Administration (GIPSA) is extending the GIPSA, 1400 Independence Ave. SW., 39–18783; AD 2017–02–04]
public comment period and delaying Washington, DC 20250, (202) 720–7051,
the effective date of the rule published s.brett.offutt@usda.gov. RIN 2120–AA64
on December 20, 2016. This interim SUPPLEMENTARY INFORMATION: Consistent
final rule adds a paragraph to § 201.3 Airworthiness Directives; The Boeing
with the memorandum of January 20, Company Airplanes
addressing the scope of sections 202(a) 2017, to the heads of executive
and (b) of the Packers and Stockyards departments and agencies from the AGENCY: Federal Aviation
Act, 1921, as amended and Assistant to the President and Chief of Administration (FAA), DOT.
supplemented (P&S Act) in order to Staff entitled ‘‘Regulatory Freeze ACTION: Final rule.
clarify that conduct or action may Pending Review,’’ GIPSA is extending
violate sections 202(a) and (b) of the the public comment period and SUMMARY: We are adopting a new
P&S Act without adversely affecting, or delaying the effective date of the interim airworthiness directive (AD) for certain
having a likelihood of adversely final rule entitled ‘‘Scope of Sections The Boeing Company Model 747–200B,
affecting, competition. This rule was 202(a) and (b) of the Packers and 747–300, 747–400, 747–400D, and 747–
originally set to take effect on February Stockyards Act’’ that was published in 400F series airplanes. This AD was
21, 2017. the Federal Register on December 20, prompted by a report of cracking in both
DATES: Effective February 7, 2017, the 2016, 81 FR 92566. the aluminum strut side skin, and
mstockstill on DSK3G9T082PROD with RULES

effective date of the interim final rule This interim final rule states the corrosion resistant steel (CRES) outer
amending 9 CFR part 201, published at interpretation that not all violations of spring beam support fitting. This AD
81 FR 92566, December 20, 2016 is the P&S Act require a showing of harm requires inspections, related
delayed until April 22, 2017. Interested or likely harm to competition. Section investigative and corrective actions, and
persons are invited to submit written 201.3(a) specifically provides that the a fastener installation modification. We
comments on this interim final rule on scope of section 202(a) and (b) are issuing this AD to address the unsafe
or before March 24, 2017. encompasses conduct or action that, condition on these products.

VerDate Sep<11>2014 18:06 Feb 06, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1

Document Created: 2017-02-07 00:27:45
Document Modified: 2017-02-07 00:27:45

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 and extension of comment period.
Dates		Effective February 7, 2017, the effective date of the interim final rule amending 9 CFR part 201, published at 81 FR 92566, December 20, 2016 is delayed until April 22, 2017. Interested persons are invited to submit written comments on this interim final rule on or before March 24, 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 9489
RIN Number		0580-AB25

82 FR 9489 - 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 24 (February 7, 2017)

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration