Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection, 23892-23893 [2014-09655]

Download as PDF 23892 Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Rules and Regulations Recognized slaughtering establishment. An establishment where slaughtering operations are regularly carried out under Federal or State inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter. Done in Washington, DC, this 24th day of April 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014–09714 Filed 4–28–14; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration S. Brett Offutt, Director, Policy and Litigation Division by Email at s.brett.offutt@usda.gov, or by telephone at (202) 720–7363. FOR FURTHER INFORMATION CONTACT: 9 CFR Part 201 Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection SUPPLEMENTARY INFORMATION: Background Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Direct final rule. AGENCY: The Grain Inspection, Packers and Stockyards Administration (GIPSA) Packers and Stockyards Program (PSP) is incorporating by reference ‘‘2013 edition of the NIST Handbook 44’’ and to require that the scales used by stockyard owner, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock carcasses, live poultry, or feed for the purpose of purchase, sales acquisitions, payment, or settlement meet applicable requirements of the 2013 edition of the NIST Handbook 44. DATES: This rule is effective June 30, 2014. The incorporation by reference of certain publications in this rule is approved by the Director of the Federal Register as of June 30, 2014. Comments are due May 29, 2014. If adverse comments are received, GIPSA will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: We invite you to submit comments on this direct final rule by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Send hardcopy written comments to Irene Omade, GIPSA, USDA, 1400 Independence Avenue SW., Room 2530–S, Washington, DC 20250. • Hand Delivery or Courier: Deliver comments to Irene Omade, GIPSA, sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:55 Apr 28, 2014 Jkt 232001 USDA, 1400 Independence Avenue SW., Room 2530–S, Washington, DC 20250. • Fax: Send comments by facsimile transmission to: (202) 690–2173. Instructions: All comments will become a matter of public record and should be identified as ‘‘NIST Handbook 44 IBF Comments,’’ making reference to the date and page number of this issue of the Federal Register. Comments will be available for public inspection at https:// www.regulations.gov and in the above office during regular business hours (7 CFR 1.27(b)). Please contact the GIPSA Management and Budget Services at (202) 720–8479 to make an appointment to read the comments received. The Grain Inspection, Packers and Stockyards Administration (GIPSA) enforces the Packers and Stockyards Act (P&S Act) and those regulations necessary to carry out provisions of the P&S Act. The regulated entities are stockyard owners, swine contractors, market agencies, dealers, packers, and live poultry dealers. GIPSA issued regulations covering devices that regulated entities use for weighing and grading livestock and poultry. The purpose for these regulations is to ensure fairness and accuracy in the determination of prices the regulated entities pay for livestock and poultry. Title 9, CFR 201.71(a) incorporates by reference the National Institute of Standards and Technology (NIST) Handbook 44 to regulate devices used by regulated entities to weigh or grade livestock or poultry. Currently, 9 CFR 201.71(a) incorporates by reference the 2009 edition of NIST Handbook 44, ‘‘Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.’’ The 2009 edition included the ‘‘tentative’’ status of code to regulate the weighing and measuring devices used by regulated entities. In July 2012, the National Conference on Weights and Measures took action to change the ‘‘tentative’’ code to ‘‘permanent’’. Since the ‘‘tentative’’ code has become ‘‘permanent’’ in the 2013 edition of Handbook 44, effective January 1, 2013, GIPSA is amending 9 CFR 201.71(a) to incorporate by reference the 2013 edition of Handbook 44. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Direct Final Action Pursuant to 5 U.S.C 553, it is found and determined upon good cause that it is impracticable, unnecessary, and contrary to public interest to give preliminary notice prior to putting this direct final rule in effect because GIPSA regularly updates this section of the P&S Act regulations to incorporate by reference NIST Handbook 44. Further, GIPSA views this action as noncontroversial and anticipates no adverse public comment. This rule will be effective, as published in this document, 30 days after the date of publication in the Federal Register, unless GIPSA receives written adverse comments or written notice of intent to submit adverse comments within 30 days of the date of publication of this rule in the Federal Register. Adverse comments are considered to be those comments that suggest the rule should not be adopted or suggest the rule should be changed. If GIPSA receives written adverse comments or written notice of intent to submit adverse comments, we will publish a notice in the Federal Register withdrawing this rule before the effective date. GIPSA will then publish a proposed rule for public comment. Following the close of that comment period, the comments will be considered thoughtfully, and a final rule addressing the comments will be published. Executive Order 12866 and Regulatory Flexibility Act This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Pursuant to the requirements set forth in the Regulatory Flexibility Act (5 U.S.C. 601–612), GIPSA has determined that this rule will not have a significant economic impact on a substantial number of small entities. GIPSA has determined that most regulated entities are complying with the current 2013 edition of Handbook 44 since State weights and measures departments already impose the standards. Since regulated entities are required under States law to comply with NIST Handbook 44, there are no new costs or burden to comply with those standards. Executive Order 12988 This direct final rule has been reviewed under Executive Order 12988, Civil Justice Reform. These actions are not intended to have retroactive effect. This direct final rule would not preempt any State or local laws, or regulations, E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Rules and Regulations or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this direct final rule. Paperwork Reduction Act This 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 7 CFR Part 201 Swine, Hogs, Incorporation by reference, Livestock, Measurement standards. For reasons set forth in the preamble, 9 CFR part 201 is amended as follows: Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register. All approved material is available for inspection at USDA, GIPSA, P&SP, 1400 Independence Ave. SW., Washington, DC 20250, 202–720–7363 and is for sale by the National Conference of Weights and Measures (NCWM), 1135 M Street, Suite 110, Lincoln, Nebraska, 68508. Information on this material may be obtained from NCWM by calling 402– 434–4880, by emailing nfo@ncwm.net, or on the Internet at https:// www.nist.gov/owm. It is also available for inspection at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202–741– 6030 or go to https://www.archives.gov/ federal_register/code_of_federal_ regulations/ibr_locations.html. * * * * * issuing this AD to detect and correct fatigue cracking of the BS 2598 bulkhead structure, which could adversely affect the structural integrity of the bulkhead and the horizontal stabilizer support structure, and result in loss of controllability of the airplane. DATES: This AD is effective June 3, 2014. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of June 3, 2014 ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; Internet https:// www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2013– 0425; 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6428; fax: 425–917–6590; email: nathan.p.weigand@faa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–09655 Filed 4–28–14; 8:45 am] BILLING CODE 3410–KD–P PART 201—REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 201 continues to read as follows: ■ Federal Aviation Administration Authority: 7 U.S.C. 181–229c. 14 CFR Part 39 2. In § 201.71, paragraph (a) is revised to read as follows: [Docket No. FAA–2013–0425; Directorate Identifier 2012–NM–224–AD; Amendment 39–17815; AD 2014–07–01] § 201.71 Scales; accurate weights, repairs, adjustments or replacements after inspection. RIN 2120–AA64 sroberts on DSK5SPTVN1PROD with RULES ■ (a) All scales used by stockyard owners, swine contractors, market agencies, dealers, packers, and live poultry dealers to weigh livestock, livestock carcasses, live poultry, or feed for the purpose of purchase, sale acquisition, payment, or settlement shall be installed, maintained, and operated to ensure accurate weights. Such scales shall meet applicable requirements contained in section 5.59, Electronic Livestock, Meat, and Poultry Evaluation Systems and/or Devices, pages 5–85 and 5–86 of the ‘‘U.S. Department of Commerce, National Institute of Standards and Technology, Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices (NIST Handbook 44), 2013 edition’’ which is hereby incorporated by reference. This incorporation by reference was approved by the Director of the Federal VerDate Mar<15>2010 15:55 Apr 28, 2014 Jkt 232001 23893 Airworthiness Directives; the Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747 airplanes. This AD was prompted by reports of cracking in particular areas of the bulkhead structure at body station (BS) 2598. This AD requires repetitive inspections, including post-repair and post-modification inspections, for cracking in the bulkhead structure at BS 2598; certain one-time inspections of certain fasteners and support frame modifications on certain airplanes; related investigative and corrective actions, if necessary; and an interim modification that would terminate certain repetitive inspections. We are SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 747 airplanes. The SNPRM published in the Federal Register on January 2, 2014 (79 FR 65). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on May 28, 2013 (78 FR 31867). E:\FR\FM\29APR1.SGM 29APR1

Agencies

[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Rules and Regulations]
[Pages 23892-23893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09655]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201


Scales; Accurate Weights, Repairs, Adjustments or Replacements 
After Inspection

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

ACTION: Direct final rule.

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

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) Packers and Stockyards Program (PSP) is incorporating by 
reference ``2013 edition of the NIST Handbook 44'' and to require that 
the scales used by stockyard owner, market agencies, dealers, packers, 
and live poultry dealers to weigh livestock, livestock carcasses, live 
poultry, or feed for the purpose of purchase, sales acquisitions, 
payment, or settlement meet applicable requirements of the 2013 edition 
of the NIST Handbook 44.

DATES: This rule is effective June 30, 2014. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Federal Register as of June 30, 2014. Comments are due 
May 29, 2014. If adverse comments are received, GIPSA will publish a 
timely withdrawal of the rule in the Federal Register.

ADDRESSES: We invite you to submit comments on this direct final rule 
by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send hardcopy written comments to Irene Omade, 
GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 
20250.
     Hand Delivery or Courier: Deliver comments to Irene Omade, 
GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 
20250.
     Fax: Send comments by facsimile transmission to: (202) 
690-2173.
    Instructions: All comments will become a matter of public record 
and should be identified as ``NIST Handbook 44 IBF Comments,'' making 
reference to the date and page number of this issue of the Federal 
Register. Comments will be available for public inspection at https://www.regulations.gov and in the above office during regular business 
hours (7 CFR 1.27(b)). Please contact the GIPSA Management and Budget 
Services at (202) 720-8479 to make an appointment to read the comments 
received.

FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and 
Litigation Division by Email at s.brett.offutt@usda.gov, or by 
telephone at (202) 720-7363.

SUPPLEMENTARY INFORMATION:

Background

    The Grain Inspection, Packers and Stockyards Administration (GIPSA) 
enforces the Packers and Stockyards Act (P&S Act) and those regulations 
necessary to carry out provisions of the P&S Act. The regulated 
entities are stockyard owners, swine contractors, market agencies, 
dealers, packers, and live poultry dealers. GIPSA issued regulations 
covering devices that regulated entities use for weighing and grading 
livestock and poultry. The purpose for these regulations is to ensure 
fairness and accuracy in the determination of prices the regulated 
entities pay for livestock and poultry.
    Title 9, CFR 201.71(a) incorporates by reference the National 
Institute of Standards and Technology (NIST) Handbook 44 to regulate 
devices used by regulated entities to weigh or grade livestock or 
poultry. Currently, 9 CFR 201.71(a) incorporates by reference the 2009 
edition of NIST Handbook 44, ``Specifications, Tolerances, and Other 
Technical Requirements for Weighing and Measuring Devices.'' The 2009 
edition included the ``tentative'' status of code to regulate the 
weighing and measuring devices used by regulated entities. In July 
2012, the National Conference on Weights and Measures took action to 
change the ``tentative'' code to ``permanent''. Since the ``tentative'' 
code has become ``permanent'' in the 2013 edition of Handbook 44, 
effective January 1, 2013, GIPSA is amending 9 CFR 201.71(a) to 
incorporate by reference the 2013 edition of Handbook 44.

Direct Final Action

    Pursuant to 5 U.S.C 553, it is found and determined upon good cause 
that it is impracticable, unnecessary, and contrary to public interest 
to give preliminary notice prior to putting this direct final rule in 
effect because GIPSA regularly updates this section of the P&S Act 
regulations to incorporate by reference NIST Handbook 44. Further, 
GIPSA views this action as noncontroversial and anticipates no adverse 
public comment. This rule will be effective, as published in this 
document, 30 days after the date of publication in the Federal 
Register, unless GIPSA receives written adverse comments or written 
notice of intent to submit adverse comments within 30 days of the date 
of publication of this rule in the Federal Register. Adverse comments 
are considered to be those comments that suggest the rule should not be 
adopted or suggest the rule should be changed.
    If GIPSA receives written adverse comments or written notice of 
intent to submit adverse comments, we will publish a notice in the 
Federal Register withdrawing this rule before the effective date. GIPSA 
will then publish a proposed rule for public comment. Following the 
close of that comment period, the comments will be considered 
thoughtfully, and a final rule addressing the comments will be 
published.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601-612), GIPSA has determined that this rule 
will not have a significant economic impact on a substantial number of 
small entities. GIPSA has determined that most regulated entities are 
complying with the current 2013 edition of Handbook 44 since State 
weights and measures departments already impose the standards. Since 
regulated entities are required under States law to comply with NIST 
Handbook 44, there are no new costs or burden to comply with those 
standards.

Executive Order 12988

    This direct final rule has been reviewed under Executive Order 
12988, Civil Justice Reform. These actions are not intended to have 
retroactive effect. This direct final rule would not preempt any State 
or local laws, or regulations,

[[Page 23893]]

or policies unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this direct final 
rule.

Paperwork Reduction Act

    This 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 7 CFR Part 201

    Swine, Hogs, Incorporation by reference, Livestock, Measurement 
standards.

    For reasons set forth in the preamble, 9 CFR part 201 is amended as 
follows:

PART 201--REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT

0
1. The authority citation for part 201 continues to read as follows:

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



0
2. In Sec.  201.71, paragraph (a) is revised to read as follows:


Sec.  201.71  Scales; accurate weights, repairs, adjustments or 
replacements after inspection.

    (a) All scales used by stockyard owners, swine contractors, market 
agencies, dealers, packers, and live poultry dealers to weigh 
livestock, livestock carcasses, live poultry, or feed for the purpose 
of purchase, sale acquisition, payment, or settlement shall be 
installed, maintained, and operated to ensure accurate weights. Such 
scales shall meet applicable requirements contained in section 5.59, 
Electronic Livestock, Meat, and Poultry Evaluation Systems and/or 
Devices, pages 5-85 and 5-86 of the ``U.S. Department of Commerce, 
National Institute of Standards and Technology, Specifications, 
Tolerances, and other Technical Requirements for Weighing and Measuring 
Devices (NIST Handbook 44), 2013 edition'' which is hereby incorporated 
by reference. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. These materials are incorporated as they exist on the 
date of approval and a notice of any change in these materials will be 
published in the Federal Register. All approved material is available 
for inspection at USDA, GIPSA, P&SP, 1400 Independence Ave. SW., 
Washington, DC 20250, 202-720-7363 and is for sale by the National 
Conference of Weights and Measures (NCWM), 1135 M Street, Suite 110, 
Lincoln, Nebraska, 68508. Information on this material may be obtained 
from NCWM by calling 402-434-4880, by emailing nfo@ncwm.net, or on the 
Internet at https://www.nist.gov/owm. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For more information on the availability of this material at NARA, call 
202-741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2014-09655 Filed 4-28-14; 8:45 am]
BILLING CODE 3410-KD-P
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