82 FR 9533 - Poultry Grower Ranking Systems

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration

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

Page Range		9533-9533
FR Document		2017-02497

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 by 30 days the public comment period for this proposed rule, which was published on December 20, 2016. This proposed rule identifies criteria that the Secretary may consider when determining whether a live poultry dealer's use of a poultry grower ranking system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage. The proposed amendments also clarify that absent demonstration of a legitimate business justification, failing to use a poultry grower ranking system in a fair manner after applying the identified criteria is unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act), regardless of whether it harms or is likely to harm competition.

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

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Proposed Rules]
[Page 9533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02497]


========================================================================
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. 24 / Tuesday, February 7, 2017 / 
Proposed Rules

[[Page 9533]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB26


Poultry Grower Ranking Systems

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA

ACTION: Proposed rule: 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 by 30 days the public 
comment period for this proposed rule, which was published on December 
20, 2016.
    This proposed rule identifies criteria that the Secretary may 
consider when determining whether a live poultry dealer's use of a 
poultry grower ranking system for ranking poultry growers for 
settlement purposes is unfair, unjustly discriminatory, or deceptive or 
gives an undue or unreasonable preference, advantage, prejudice, or 
disadvantage. The proposed amendments also clarify that absent 
demonstration of a legitimate business justification, failing to use a 
poultry grower ranking system in a fair manner after applying the 
identified criteria is unfair, unjustly discriminatory, or deceptive 
and a violation of section 202(a) of the Packers and Stockyards Act, 
1921, as amended and supplemented (P&S Act), regardless of whether it 
harms or is likely to harm competition.

DATES: The comment period for the proposed rule published at 81 FR 
92723 on December 20, 2016 is extended. Comments must be received on or 
before March 24, 2017.

ADDRESSES: We invite you to submit comments on this 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: 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 by 30 days the public 
comment period of the proposed rule entitled ``Poultry Grower Ranking 
Systems'' that was published in the Federal Register on December 20, 
2016, (81 FR 92723).
    GIPSA previously published a notice of proposed rulemaking on June 
22, 2010 (75 FR 35338), which included requirements regarding a live 
poultry dealer's use of a poultry grower ranking system when 
determining payment for grower services. That proposed rule would have 
required live poultry dealers paying growers on a tournament system to 
pay growers raising the same type and kind of poultry the same base pay 
and further required that growers be settled in groups with other 
growers with like house types. Upon review of public comments received 
both in writing and through public meetings held during the comment 
period in 2010, we elected not to publish this rule as a final rule, 
but rather have modified proposed Sec.  201.214 and published it as a 
proposed rule and requested further public comment.

    Authority:  7 U.S.C. 181-229c.

Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-02497 Filed 2-6-17; 8:45 am]
 BILLING CODE 3410-KD-P

9533

Proposed Rules Federal Register
Vol. 82, No. 24

Tuesday, February 7, 2017

This section of the FEDERAL REGISTER ADDRESSES: We invite you to submit system to pay growers raising the same
contains notices to the public of the proposed comments on this proposed rule by any type and kind of poultry the same base
issuance of rules and regulations. The of the following methods: pay and further required that growers be
purpose of these notices is to give interested • Mail: M. Irene Omade, GIPSA, settled in groups with other growers
persons an opportunity to participate in the USDA, 1400 Independence Avenue with like house types. Upon review of
rule making prior to the adoption of the final SW., Room 2542A–S, Washington, DC
rules.
public comments received both in
20250–3613. writing and through public meetings
• Hand Delivery or Courier: M. Irene held during the comment period in
DEPARTMENT OF AGRICULTURE Omade, GIPSA, USDA, 1400 2010, we elected not to publish this rule
Independence Avenue SW., Room as a final rule, but rather have modified
Grain Inspection, Packers and 2530–S, Washington, DC 20250–3613. proposed § 201.214 and published it as
Stockyards Administration • Internet: http:// a proposed rule and requested further
www.regulations.gov. Follow the on-line public comment.
9 CFR Part 201 instructions for submitting comments.
Instructions: All comments should Authority: 7 U.S.C. 181–229c.
make reference to the date and page Marianne Plaus,
RIN 0580–AB26 number of this issue of the Federal Acting Administrator, Grain Inspection,
Poultry Grower Ranking Systems Register. All comments received will be Packers and Stockyards Administration.
included in the public docket without [FR Doc. 2017–02497 Filed 2–6–17; 8:45 am]
AGENCY: Grain Inspection, Packers and change, including any personal BILLING CODE 3410–KD–P
Stockyards Administration, USDA information provided. Regulatory
ACTION: Proposed rule: Extension of analyses and other documents relating
comment period. to this rulemaking will be available for DEPARTMENT OF AGRICULTURE
public inspection in Room 2542A–S,
SUMMARY: Consistent with the 1400 Independence Avenue SW., Grain Inspection, Packers and
memorandum of January 20, 2017, to Washington, DC 20250–3613 during Stockyards Administration
the heads of executive departments and regular business hours. All comments
agencies from the Assistant to the will be available for public inspection in 9 CFR Part 201
President and Chief of Staff entitled the above office during regular business RIN 0580–AB27
‘‘Regulatory Freeze Pending Review,’’ hours (7 CFR 1.27(b)). Please call the
the Department of Agriculture’s Grain Management and Budget Services staff Unfair Practices and Undue
Inspection, Packers and Stockyards of GIPSA at (202) 720–8479 to arrange Preferences in Violation of the Packers
Administration (GIPSA) is extending by a public inspection of comments or and Stockyards Act
30 days the public comment period for other documents related to this
rulemaking. AGENCY: Grain Inspection, Packers and
this proposed rule, which was
Stockyards Administration, USDA
published on December 20, 2016. FOR FURTHER INFORMATION CONTACT: S.
ACTION: Proposed rule: Extension of
This proposed rule identifies criteria Brett Offutt, Director, Litigation and
that the Secretary may consider when comment period.
Economic Analysis Division, P&SP,
determining whether a live poultry GIPSA, 1400 Independence Ave. SW., SUMMARY: Consistent with the
dealer’s use of a poultry grower ranking Washington, DC 20250, (202) 720–7051, memorandum of January 20, 2017, to
system for ranking poultry growers for s.brett.offutt@usda.gov. the heads of executive departments and
settlement purposes is unfair, unjustly SUPPLEMENTARY INFORMATION: Consistent agencies from the Assistant to the
discriminatory, or deceptive or gives an with the memorandum of January 20, President and Chief of Staff entitled
undue or unreasonable preference, 2017, to the heads of executive ‘‘Regulatory Freeze Pending Review,’’
advantage, prejudice, or disadvantage. departments and agencies from the the Department of Agriculture’s Grain
The proposed amendments also clarify Assistant to the President and Chief of Inspection, Packers and Stockyards
that absent demonstration of a Staff entitled ‘‘Regulatory Freeze Administration (GIPSA) is extending by
legitimate business justification, failing Pending Review,’’ GIPSA is extending 30 days the public comment period for
to use a poultry grower ranking system by 30 days the public comment period this proposed rule, which was
in a fair manner after applying the of the proposed rule entitled ‘‘Poultry published on December 20, 2016. This
identified criteria is unfair, unjustly Grower Ranking Systems’’ that was proposed rule would clarify the conduct
discriminatory, or deceptive and a published in the Federal Register on or action by packers, swine contractors,
violation of section 202(a) of the Packers December 20, 2016, (81 FR 92723). or live poultry dealers that GIPSA
and Stockyards Act, 1921, as amended GIPSA previously published a notice considers unfair, unjustly
and supplemented (P&S Act), regardless of proposed rulemaking on June 22, discriminatory, or deceptive and a
Lhorne on DSK30JT082PROD with PROPOSALS

of whether it harms or is likely to harm 2010 (75 FR 35338), which included violation of section 202(a) of the Packers
competition. requirements regarding a live poultry and Stockyards Act, 1921, as amended
DATES: The comment period for the dealer’s use of a poultry grower ranking and supplemented (P&S Act). This
proposed rule published at 81 FR 92723 system when determining payment for proposed rule would also identify
on December 20, 2016 is extended. grower services. That proposed rule criteria that the Secretary would
Comments must be received on or would have required live poultry consider in determining whether
before March 24, 2017. dealers paying growers on a tournament conduct or action by packers, swine

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Document Created: 2017-02-07 00:27:35
Document Modified: 2017-02-07 00:27:35

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: Extension of comment period.
Dates		The comment period for the proposed rule published at 81 FR 92723 on December 20, 2016 is extended. Comments must be received 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 9533
RIN Number		0580-AB26

82 FR 9533 - Poultry Grower Ranking Systems

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