Swine Contractors, 7482-7484 [E8-2376]

Download as PDF 7482 Proposed Rules Federal Register Vol. 73, No. 27 Friday, February 8, 2008 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. DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 9 CFR Part 201 RIN 0580–AB01 Swine Contractors Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Proposed rule. ebenthall on PRODPC61 with PROPOSALS AGENCY: SUMMARY: We propose to add ‘‘swine contractors’’ to the list of regulated entities subject to specific regulations under the Packers and Stockyards Act (the P&S Act). In 2002, Congress added swine contractors as entities regulated under the P&S Act. The specific regulations we propose to amend prohibit regulated entities from circulating misleading reports about market conditions or prices. We also propose to amend regulations that address inspection of business records and facilities, information that regulated entities are required to share with the Secretary of Agriculture, and USDA’s responsibility to refrain from unauthorized disclosure of that information. The goal of these regulations is to ensure fairness in the marketing of livestock, meat, and poultry. Adding swine contractors to specific regulations under the P&S Act will assist swine contractors and swine production contract growers with determining which regulations apply to them. Adding swine contractors to specific regulations will also make it easier for GIPSA to identify potential violations and to enforce the provisions of the P&S Act and regulations. DATES: We will consider comments we receive by April 8, 2008. ADDRESSES: We invite you to submit comments on this proposed rule. You may submit comments by any of the following methods: • E-Mail: Send comments via electronic mail to comments.gipsa@usda.gov. VerDate Aug<31>2005 14:33 Feb 07, 2008 Jkt 214001 • Mail: Send hardcopy written comments to Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643–S, Washington, DC 20250–3604. • Fax: Send comments by facsimile transmission to: (202) 690–2173. • Hand Delivery or Courier: Deliver comments to: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643–S, Washington, DC 20250–3604. • Federal e-Rulemaking Portal: Go to https://www.regulation.gov. Follow the on-line instruction for submitting comments. Instructions: All comments should make reference to the date and page number of this issue of the Federal Register. Background Documents: Regulatory analyses and other documents relating to this action will be available for public inspection in Room 1643–S, 1400 Independence Avenue, SW., Washington, DC 20250–3604 during regular business hours. Read Comments: All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management Support Services staff at (202) 720–7486 to arrange a public inspection of comments. FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and Litigation Division, P&SP, GIPSA, 1400 Independence Ave., SW., Washington, DC 20250, (202) 720–7363, s.brett.offutt@usda.gov. SUPPLEMENTARY INFORMATION: Background The Grain Inspection, Packers and Stockyards Administration (GIPSA) enforces the Packers and Stockyards (P&S) Act of 1921 (the P&S Act). Under authority granted the Secretary of Agriculture (Secretary) and delegated to us, we are authorized (7 U.S.C. 228) to make those regulations necessary to carry out the provisions of the P&S Act. The Farm Security and Rural Investment Act of 2002 (Pub. L. 107– 171) amended the P&S Act to define and add ‘‘swine contractors’’ as a regulated entity. A swine contractor is defined as ‘‘any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if (A) the swine is obtained by the person in commerce; or PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 (B) the swine (including products from the swine) obtained by the person is sold or shipped in commerce.’’ ((7 U.S.C. 182 (12)) Adding swine contractors to specific regulations under the P&S Act will assist swine contractors and swine production contract growers with determining which regulations apply to them. It will also make it easier for GIPSA to identify potential violations and enforce the provisions of the P&S Act and regulations. Description of Proposed Changes We now propose to amend the following regulations (9 CFR part 201) under the P&S Act to add the words ‘‘swine contractors’’ to the list of those subject to the regulations: • Section 201.53 Persons subject to the Act not to circulate misleading reports about market conditions or prices. • Section 201.94 Information as to business; furnishing of by packers, live poultry dealers, stockyard owners, market agencies, and dealers. • Section 201.95 Inspection of business records and facilities. • Section 201.96 Unauthorized disclosure of business information prohibited. The proposed modification to § 201.53 would inform swine contractors that they are prohibited from knowingly making, issuing, or circulating false or misleading reports, records, or representations about market conditions, about prices, or about the sale of livestock, meat, or live poultry. The proposed modification to § 201.94 would require swine contractors to furnish the Secretary or his duly authorized representatives, if requested by such representatives, with business information required in order to carry out provisions of the P&S Act and regulations in 9 CFR part 201. The proposed modification to § 201.95 would require swine contractors to permit authorized representatives of the Secretary to enter their places of business to examine and copy business records, and to inspect facilities. The proposed modification to § 201.96 would prohibit agents or employees of the United States from disclosing a swine contractor’s business information without the consent of the swine contractor, except in the specific circumstances listed in § 201.96. E:\FR\FM\08FEP1.SGM 08FEP1 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Proposed Rules Options Considered We considered not making these regulatory changes and continuing to protect the interests of swine producers indirectly through regulation of packers, dealers, and market agents. However, that option would not reflect the intent of Congress in amending the P&S Act to give the Secretary authority over swine contractors. We have the authority and the responsibility to directly regulate swine contractors. We could also take legal action against a swine contractor for alleged violations of the P&S Act without amending the regulations. However, that action would not clearly inform all swine contractors and swine production contract growers about the requirements that apply to swine contractors. Issuing the proposed regulations would make it clear to swine contractors and swine production contract growers which parts of the regulations apply to them, and would make it easier for GIPSA to identify potential violators and to enforce provisions of the P&S Act. Effects on Regulated Entities If we implement these regulatory changes, swine contractors will have to open their business records and facilities to authorized representatives of GIPSA upon request. Some swine contractors may have to change their policies to allow access and to accommodate GIPSA representatives. We are not requiring that new information or records be kept by swine contractors, unless existing information or records are false or misleading about market conditions, prices, or sales of livestock, meat, or live poultry. This proposed rule would give swine contractors assurance that business information examined by GIPSA will be kept confidential, except under specific circumstances. Furthermore, swine production contract growers will be given increased assurance of fair treatment by swine contractors. ebenthall on PRODPC61 with PROPOSALS Executive Order 12866 and Regulatory Flexibility Act The Office of Management and Budget (OMB) has designated this rule as not significant for the purposes of Executive Order 12866. We have determined that this proposed rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). The proposed rule will affect swine contractors. Most of these entities are slaughterers or processors of swine with more than 500 employees and do not meet the applicable size VerDate Aug<31>2005 14:33 Feb 07, 2008 Jkt 214001 standards for small entities in the Small Business Administration Regulations (13 CFR 121.201). A 2007 study of U.S. pork producers found that firms that market more than 50,000 head of swine per year account for nearly all of contracted swine production in the U.S. In accordance with 5 U.S.C. 605 of the Regulatory Flexibility Act, we are not providing an initial regulatory flexibility analysis because this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. Small swine production contract growers should benefit indirectly from the proposed amendments, which should provide fairness in the marketing of swine and swine products. We have considered the effects of this rulemaking action under the Regulatory Flexibility Act and we believe that it will not have a significant impact on a substantial number of small entities. We welcome comments on the cost of compliance with this rule, and particularly on the impact of this proposed rule on small entities. We also welcome comments on alternatives to the proposed rule that could achieve the same purpose with less cost or burden. Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. These actions are not intended to have retroactive effect. This rule will not pre-empt state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction Act This proposed rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). It does not involve collection of new or additional information by the federal government. E-Government Act Compliance GIPSA is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 9 CFR Part 201 Confidential business information, Reporting and recordkeeping requirements, Stockyards, Trade practices. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 7483 For the reasons set forth in the preamble, we propose to amend 9 CFR part 201 to read as follows: PART 201—REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT 1. The authority citation for part 201 is revised to read as follows: Authority: 7 U.S.C. 182, 222, and 228, and 7 CFR 2.22 and 2.81. 2. Revise § 201.53 to read as follows: § 201.53 Persons subject to the Act not to circulate misleading reports about market conditions or prices. No packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer shall knowingly make, issue, or circulate any false or misleading reports, records, or representation concerning the market conditions or the prices or sale of any livestock, meat, or live poultry. 3. Revise § 201.94 to revise the heading and to read as follows: § 201.94 Information as to business; furnishing of by packers, swine contractors, live poultry dealers, stockyard owners, market agencies, and dealers. Each packer, swine contractor, live poultry dealer, stockyard owner, market agency, and dealer, upon proper request, shall give to the Secretary or his duly authorized representatives in writing or otherwise, and under oath or affirmation if requested by such representatives, any information concerning the business of the packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer, or which may be required in order to carry out the provisions of the Act and regulations in this part within such reasonable time as may be specified in the request for such information. 4. Revise § 201.95 to read as follows: § 201.95 Inspection of business records and facilities. Each stockyard owner, market agency, dealer, packer, swine contractor, and live poultry dealer, upon proper request, shall permit authorized representatives of the Secretary to enter its place of business during normal business hours and to examine records pertaining to its business subject to the Act, to make copies thereof and to inspect the facilities of such persons subject to the Act. Reasonable accommodations shall be made available to authorized representatives of the Secretary by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer for such examination of records and inspection of facilities. E:\FR\FM\08FEP1.SGM 08FEP1 7484 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Proposed Rules 5. Revise § 201.96 to read as follows: § 201.96 Unauthorized disclosure of business information prohibited. No agent or employee of the United States shall, without the consent of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer concerned, divulge or make known in any manner, any facts or information regarding the business of such person acquired through any examination or inspection of the business or records of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer, or through any information given by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer pursuant to the Act and regulations, except to such other agents or employees of the United States as may be required to have such knowledge in the regular course of their official duties or except insofar as they may be directed by the Administrator or by a court of competent jurisdiction, or except as they may be otherwise required by law. James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E8–2376 Filed 2–7–08; 8:45 am] BILLING CODE 3410–KD–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Examining the AD Docket 14 CFR Part 39 [Docket No. FAA–2008–0147; Directorate Identifier 2007–NM–294–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–600, –700, –700C, –800, and –900 Series Airplanes, Equipped with CFM56–7 Engines Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ebenthall on PRODPC61 with PROPOSALS AGENCY: SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 737–600, –700, and –800 series airplanes. The existing AD currently requires repetitive inspections to detect damage of the aft strut insulation blanket, and eventual replacement of the insulation blankets with new, improved blankets. This proposed AD would add airplanes to the applicability and require installation of VerDate Aug<31>2005 14:33 Feb 07, 2008 a new heat insulation blanket and new cover plate on the left and right side engine struts. This proposed AD would not retain the requirements of the existing AD and would terminate the requirements of the existing AD. This proposed AD results from reports of damaged heat insulation blankets on the engine struts. We are proposing this AD to prevent exposure of the lower surface of the strut to extreme high temperatures, consequent creation of a source of fuel ignition, and increased risk of an uncontrollable fire and possible fuel tank explosion. DATES: We must receive comments on this proposed AD by March 24, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. Jkt 214001 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kathrine Rask, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6505; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 to an address listed under the section. Include ‘‘Docket No. FAA–2008–0147; Directorate Identifier 2007–NM–294–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. ADDRESSES Discussion On February 4, 1999, we issued AD 99–04–11, amendment 39–11035 (64 FR 6791, February 11, 1999), for certain Boeing Model 737–600, –700, and –800 series airplanes. That AD requires repetitive inspections to detect damage of the aft strut insulation blanket. That AD also requires eventual replacement of the insulation blankets with new, improved blankets, which constitutes terminating action for the requirements of that AD. That AD resulted from reports of damaged aft strut insulation blankets. We issued that AD to prevent such damage, which could result in exposure of the lower surface of the strut to extreme high temperatures, consequent creation of a source of fuel ignition, and increased risk of an uncontrollable fire and possible fuel tank explosion. Actions Since Existing AD Was Issued Since we issued AD 99–04–11, we have received reports of failures of the insulation blankets that were installed in accordance with the requirements of that AD. A failed heat insulation blanket might go undetected in that area. Relevant Service Information We have reviewed Boeing Special Attention Service Bulletin 737–54– 1045, dated July 25, 2007. The service bulletin describes procedures for installing a new heat insulation blanket, P/N S315A213–57, and a new cover plate on the left and right side engine struts. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to develop on E:\FR\FM\08FEP1.SGM 08FEP1

Agencies

[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Proposed Rules]
[Pages 7482-7484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2376]


========================================================================
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. 73, No. 27 / Friday, February 8, 2008 / 
Proposed Rules

[[Page 7482]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB01


Swine Contractors

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

ACTION: Proposed rule.

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

SUMMARY: We propose to add ``swine contractors'' to the list of 
regulated entities subject to specific regulations under the Packers 
and Stockyards Act (the P&S Act). In 2002, Congress added swine 
contractors as entities regulated under the P&S Act. The specific 
regulations we propose to amend prohibit regulated entities from 
circulating misleading reports about market conditions or prices. We 
also propose to amend regulations that address inspection of business 
records and facilities, information that regulated entities are 
required to share with the Secretary of Agriculture, and USDA's 
responsibility to refrain from unauthorized disclosure of that 
information. The goal of these regulations is to ensure fairness in the 
marketing of livestock, meat, and poultry. Adding swine contractors to 
specific regulations under the P&S Act will assist swine contractors 
and swine production contract growers with determining which 
regulations apply to them. Adding swine contractors to specific 
regulations will also make it easier for GIPSA to identify potential 
violations and to enforce the provisions of the P&S Act and 
regulations.

DATES: We will consider comments we receive by April 8, 2008.

ADDRESSES: We invite you to submit comments on this proposed rule. You 
may submit comments by any of the following methods:
     E-Mail: Send comments via electronic mail to 
comments.gipsa@usda.gov.
     Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643-S, Washington, DC 
20250-3604.
     Fax: Send comments by facsimile transmission to: (202) 
690-2173.
     Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1643-S, 
Washington, DC 20250-3604.
     Federal e-Rulemaking Portal: Go to https://
www.regulation.gov. Follow the on-line instruction for submitting 
comments.
    Instructions: All comments should make reference to the date and 
page number of this issue of the Federal Register.
    Background Documents: Regulatory analyses and other documents 
relating to this action will be available for public inspection in Room 
1643-S, 1400 Independence Avenue, SW., Washington, DC 20250-3604 during 
regular business hours.
    Read Comments: All comments will be available for public inspection 
in the above office during regular business hours (7 CFR 1.27(b)). 
Please call the GIPSA Management Support Services staff at (202) 720-
7486 to arrange a public inspection of comments.

FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and 
Litigation Division, P&SP, GIPSA, 1400 Independence Ave., SW., 
Washington, DC 20250, (202) 720-7363, s.brett.offutt@usda.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Grain Inspection, Packers and Stockyards Administration (GIPSA) 
enforces the Packers and Stockyards (P&S) Act of 1921 (the P&S Act). 
Under authority granted the Secretary of Agriculture (Secretary) and 
delegated to us, we are authorized (7 U.S.C. 228) to make those 
regulations necessary to carry out the provisions of the P&S Act.
    The Farm Security and Rural Investment Act of 2002 (Pub. L. 107-
171) amended the P&S Act to define and add ``swine contractors'' as a 
regulated entity. A swine contractor is defined as ``any person engaged 
in the business of obtaining swine under a swine production contract 
for the purpose of slaughtering the swine or selling the swine for 
slaughter, if (A) the swine is obtained by the person in commerce; or 
(B) the swine (including products from the swine) obtained by the 
person is sold or shipped in commerce.'' ((7 U.S.C. 182 (12))
    Adding swine contractors to specific regulations under the P&S Act 
will assist swine contractors and swine production contract growers 
with determining which regulations apply to them. It will also make it 
easier for GIPSA to identify potential violations and enforce the 
provisions of the P&S Act and regulations.

Description of Proposed Changes

    We now propose to amend the following regulations (9 CFR part 201) 
under the P&S Act to add the words ``swine contractors'' to the list of 
those subject to the regulations:
     Section 201.53 Persons subject to the Act not to circulate 
misleading reports about market conditions or prices.
     Section 201.94 Information as to business; furnishing of 
by packers, live poultry dealers, stockyard owners, market agencies, 
and dealers.
     Section 201.95 Inspection of business records and 
facilities.
     Section 201.96 Unauthorized disclosure of business 
information prohibited.
    The proposed modification to Sec.  201.53 would inform swine 
contractors that they are prohibited from knowingly making, issuing, or 
circulating false or misleading reports, records, or representations 
about market conditions, about prices, or about the sale of livestock, 
meat, or live poultry. The proposed modification to Sec.  201.94 would 
require swine contractors to furnish the Secretary or his duly 
authorized representatives, if requested by such representatives, with 
business information required in order to carry out provisions of the 
P&S Act and regulations in 9 CFR part 201. The proposed modification to 
Sec.  201.95 would require swine contractors to permit authorized 
representatives of the Secretary to enter their places of business to 
examine and copy business records, and to inspect facilities. The 
proposed modification to Sec.  201.96 would prohibit agents or 
employees of the United States from disclosing a swine contractor's 
business information without the consent of the swine contractor, 
except in the specific circumstances listed in Sec.  201.96.

[[Page 7483]]

Options Considered

    We considered not making these regulatory changes and continuing to 
protect the interests of swine producers indirectly through regulation 
of packers, dealers, and market agents. However, that option would not 
reflect the intent of Congress in amending the P&S Act to give the 
Secretary authority over swine contractors. We have the authority and 
the responsibility to directly regulate swine contractors. We could 
also take legal action against a swine contractor for alleged 
violations of the P&S Act without amending the regulations. However, 
that action would not clearly inform all swine contractors and swine 
production contract growers about the requirements that apply to swine 
contractors. Issuing the proposed regulations would make it clear to 
swine contractors and swine production contract growers which parts of 
the regulations apply to them, and would make it easier for GIPSA to 
identify potential violators and to enforce provisions of the P&S Act.

Effects on Regulated Entities

    If we implement these regulatory changes, swine contractors will 
have to open their business records and facilities to authorized 
representatives of GIPSA upon request. Some swine contractors may have 
to change their policies to allow access and to accommodate GIPSA 
representatives. We are not requiring that new information or records 
be kept by swine contractors, unless existing information or records 
are false or misleading about market conditions, prices, or sales of 
livestock, meat, or live poultry. This proposed rule would give swine 
contractors assurance that business information examined by GIPSA will 
be kept confidential, except under specific circumstances. Furthermore, 
swine production contract growers will be given increased assurance of 
fair treatment by swine contractors.

Executive Order 12866 and Regulatory Flexibility Act

    The Office of Management and Budget (OMB) has designated this rule 
as not significant for the purposes of Executive Order 12866.
    We have determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). 
The proposed rule will affect swine contractors. Most of these entities 
are slaughterers or processors of swine with more than 500 employees 
and do not meet the applicable size standards for small entities in the 
Small Business Administration Regulations (13 CFR 121.201). A 2007 
study of U.S. pork producers found that firms that market more than 
50,000 head of swine per year account for nearly all of contracted 
swine production in the U.S.
    In accordance with 5 U.S.C. 605 of the Regulatory Flexibility Act, 
we are not providing an initial regulatory flexibility analysis because 
this proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities.
    Small swine production contract growers should benefit indirectly 
from the proposed amendments, which should provide fairness in the 
marketing of swine and swine products.
    We have considered the effects of this rulemaking action under the 
Regulatory Flexibility Act and we believe that it will not have a 
significant impact on a substantial number of small entities. We 
welcome comments on the cost of compliance with this rule, and 
particularly on the impact of this proposed rule on small entities. We 
also welcome comments on alternatives to the proposed rule that could 
achieve the same purpose with less cost or burden.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. These actions are not intended to have 
retroactive effect. This rule will not pre-empt state or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures that 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.

Paperwork Reduction Act

    This proposed rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). It does not involve collection of new or 
additional information by the federal government.

E-Government Act Compliance

    GIPSA is committed to complying with the E-Government Act, to 
promote the use of the internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 9 CFR Part 201

    Confidential business information, Reporting and recordkeeping 
requirements, Stockyards, Trade practices.
    For the reasons set forth in the preamble, we propose to amend 9 
CFR part 201 to read as follows:

PART 201--REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT

    1. The authority citation for part 201 is revised to read as 
follows:

    Authority: 7 U.S.C. 182, 222, and 228, and 7 CFR 2.22 and 2.81.

    2. Revise Sec.  201.53 to read as follows:


Sec.  201.53  Persons subject to the Act not to circulate misleading 
reports about market conditions or prices.

    No packer, swine contractor, live poultry dealer, stockyard owner, 
market agency, or dealer shall knowingly make, issue, or circulate any 
false or misleading reports, records, or representation concerning the 
market conditions or the prices or sale of any livestock, meat, or live 
poultry.
    3. Revise Sec.  201.94 to revise the heading and to read as 
follows:


Sec.  201.94  Information as to business; furnishing of by packers, 
swine contractors, live poultry dealers, stockyard owners, market 
agencies, and dealers.

    Each packer, swine contractor, live poultry dealer, stockyard 
owner, market agency, and dealer, upon proper request, shall give to 
the Secretary or his duly authorized representatives in writing or 
otherwise, and under oath or affirmation if requested by such 
representatives, any information concerning the business of the packer, 
swine contractor, live poultry dealer, stockyard owner, market agency, 
or dealer, or which may be required in order to carry out the 
provisions of the Act and regulations in this part within such 
reasonable time as may be specified in the request for such 
information.
    4. Revise Sec.  201.95 to read as follows:


Sec.  201.95  Inspection of business records and facilities.

    Each stockyard owner, market agency, dealer, packer, swine 
contractor, and live poultry dealer, upon proper request, shall permit 
authorized representatives of the Secretary to enter its place of 
business during normal business hours and to examine records pertaining 
to its business subject to the Act, to make copies thereof and to 
inspect the facilities of such persons subject to the Act. Reasonable 
accommodations shall be made available to authorized representatives of 
the Secretary by the stockyard owner, market agency, dealer, packer, 
swine contractor, or live poultry dealer for such examination of 
records and inspection of facilities.

[[Page 7484]]

    5. Revise Sec.  201.96 to read as follows:


Sec.  201.96  Unauthorized disclosure of business information 
prohibited.

    No agent or employee of the United States shall, without the 
consent of the stockyard owner, market agency, dealer, packer, swine 
contractor, or live poultry dealer concerned, divulge or make known in 
any manner, any facts or information regarding the business of such 
person acquired through any examination or inspection of the business 
or records of the stockyard owner, market agency, dealer, packer, swine 
contractor, or live poultry dealer, or through any information given by 
the stockyard owner, market agency, dealer, packer, swine contractor, 
or live poultry dealer pursuant to the Act and regulations, except to 
such other agents or employees of the United States as may be required 
to have such knowledge in the regular course of their official duties 
or except insofar as they may be directed by the Administrator or by a 
court of competent jurisdiction, or except as they may be otherwise 
required by law.

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
 [FR Doc. E8-2376 Filed 2-7-08; 8:45 am]
BILLING CODE 3410-KD-P
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