Market Agencies Selling on Commission; Purchases From Consignment, 34097-34098 [2015-14538]

Download as PDF Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the Payment Guarantee if made with a corporation for its general benefit. (b) OMB control number assigned pursuant to the Paperwork Reduction Act. The information collection requirements contained in this part (7 CFR part 1493) have been approved by the Office of Management and Budget (OMB) in accordance with the provisions of 44 U.S.C. chapter 35 and have been assigned OMB Control Number 0551–0032. Dated: April 29, 2015. Philip Karsting, Administrator, Foreign Agricultural Service, and Vice President, Commodity Credit Corporation. [FR Doc. 2015–14449 Filed 6–12–15; 8:45 am] BILLING CODE 3410–10–P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 9 CFR Part 201 Market Agencies Selling on Commission; Purchases From Consignment Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Request for information. AGENCY: The United States Department of Agriculture’s (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is seeking comments from the public regarding regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA regulations address circumstances under which a market agency is allowed to sell livestock on a commission basis to its owners, officers, and employees. There may be some need to update this regulation to address current marketing practices. GIPSA would like to determine whether additional information is needed in clarifying the circumstances under which key employees of the market agency, those designated as an auctioneer, weighmaster, or salesman, may purchase livestock. DATES: We will consider comments we receive by August 14, 2015. ADDRESSES: We invite you to submit comments on this request for information. You may submit comments by any of the following methods: • E-Mail: comments.gipsa@usda.gov. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:22 Jun 12, 2015 Jkt 235001 • Mail: M. Irene Omade, GIPSA, USDA, 1400 Independence Avenue SW., Room 2542A–S, Washington, DC 20250–3613. • Fax: (202) 690–2173. • Hand Delivery or Courier: M. Irene Omade, GIPSA, USDA, 1400 Independence Avenue SW., Room 2542A–S, Washington, DC 20250–3613. • Internet: https:// 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. Regulatory analyses and other documents relating to this action 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 review 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– 7486 to arrange a viewing of comments. FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and Litigation Division, P&SP, GIPSA, 1400 Independence Ave. SW., Washington, DC 20250–3646, (202) 720–7363, s.brett.offutt@usda.gov. SUPPLEMENTARY INFORMATION: GIPSA enforces the P&S Act. Under the authority granted to the Secretary of Agriculture (Secretary) and delegated to GIPSA, the Packers & Stockyards Program (P&SP) is authorized (7 U.S.C. 228) to make regulations necessary to carry out the provisions of the P&S Act. Section 312 (7 U.S.C. 213) of the P&S Act makes it unlawful for markets to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device in connection with the marketing, buying, or selling of livestock on a commission basis. Section 307 (7 U.S.C. 208) of the P&S Act makes it the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices with respect to the furnishing of stockyard services and makes every unjust, unreasonable, or discriminatory regulation or practice prohibited and unlawful. Section 201.56 (9 CFR 201.56) of the regulations issued under the P&S Act explains when and under what circumstances market agencies, individuals, or firms affiliated with a market agency, may purchase consigned livestock from sales conducted by the market agency. Section 201.56 was amended in October 1993 [58 FR 52886]. Since then only a minor technical amendment has PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 34097 been made to Section 201.56. This amendment revised the Office of Management and Budget control number [68 FR 75388, December 31, 2003]. GIPSA is considering whether to update paragraph (c). Section 201.56(c) of the regulations recognizes ‘‘auctioneers,’’ ‘‘weighmasters,’’ and ‘‘salesmen’’ as key employees of market agencies. Key employees are those market agency employees whose duties involve performing key functions (i.e., functions involving determinations or decisions directly affecting the interests of consignors). Individuals performing key functions for a market agency are restricted to a greater degree as to the purchases they may make from consignments to the market. Section 201.56(c) of the regulations currently states that key employees may not purchase livestock out of consignment for their own account (personal or business) for any purpose. Key employees may still purchase livestock in the name of the market agency; for example, key employees can bid in the name of the market agency to make market support purchases. Market support purchases are purchases made in the name of the market agency when the market agency believes that the highest bid does not reflect the true market value of the livestock being offered for sale. Key employees may also purchase livestock in the market agency’s name for the market agency’s livestock dealer account. Market agencies and their owners, officers, agents, non-key employees, and firms in which these individuals have an ownership or financial interest may purchase livestock out of consignments for any purpose. Only those employees designated as key employees may not purchase livestock for their own accounts. In forty different locations within the regulations promulgated under the P&S Act, GIPSA refers to the livestock scale operator as the ‘‘weigher.’’ The regulations refer to the scale operator as the ‘‘weighmaster,’’ only twice. Section 201.56(c) is one of the two exceptions. To our knowledge there is no difference meant or intended between the two terms. For the sake of consistency, GIPSA is considering changing ‘‘weighmaster’’ to ‘‘weigher’’ in the list of key employees. GIPSA is also considering the need to retain ‘‘salesmen’’ on the list of key employees. Historically, salesmen have been owners or employees of market agencies engaged in selling livestock on a commission basis in privately negotiated sales. Presently we know of E:\FR\FM\15JNP1.SGM 15JNP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 34098 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules no market agencies selling livestock through privately negotiated sales. The stockyards in which privately negotiated sales occurred now sell livestock in public auctions. While some employees may have retained a ‘‘salesman’’ job title, these employees no longer perform those functions that made them key employees. GIPSA is requesting comments from livestock industry representatives that address the following: (1) Which of the following should be included as a key employee, and why: (a) Auctioneer (b) Clerk of Sale (c) Ringmen (d) Salesmen (e) Weighmaster/Weigher (f) Manager or Owner (2) If weighers are otherwise considered key employees, should a weigher be allowed to bid on livestock when: (a) The market scale is equipped with a digital indicator (b) Livestock are not sold by weight (3) If livestock scale operators remain on the list of key employees would you object to GIPSA referring to the livestock scale operator as the ‘‘weigher’’ rather than the ‘‘weighmaster’’ in 201.56(c)? GIPSA is also interested to hear comments on whether key employees may purchase livestock during a sale under specific circumstances, or for specific purposes, such as: (4) If a key employee would step down from the auctioneer’s booth or scale during a sale: (a) Could the key employee then bid on livestock for their own account from the bleachers with the other buyers as long as the employee provided no key services while doing so: (i) Should this be limited to a specific species; (ii) Should their time spent bidding or serving in a key capacity be documented, and if so, how; (iii) Should a key employee be allowed to return to the auctioneer’s booth or scale, to perform key employee duties, after bidding on livestock from the bleachers? (5) Should GIPSA allow a key employee to buy livestock for market support or to fill orders held by their employer, the market agency? (6) What is perceived to be the greatest impediment or barrier to effective competition at a market agency selling livestock on a commission basis? GIPSA welcomes any comments addressing these issues and any other aspects of the general subject of permitting key employees to purchase VerDate Sep<11>2014 16:22 Jun 12, 2015 Jkt 235001 livestock from consignments to a market agency. Susan B. Keith, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2015–14538 Filed 6–12–15; 8:45 am] BILLING CODE 3410–KD–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–1981; Directorate Identifier 2014–NM–204–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330–200 Freighter, A330–200, A330–300, A340–200, and A340–300 series airplanes. This proposed AD was prompted by reports that the inner bore of some main landing gear (MLG) unit bogie beams were insufficiently re-protected against corrosion after inspection or maintenance actions were accomplished. This proposed AD would require, for certain MLG units, determining which revision of the component maintenance manual (CMM) was used to accomplish the most recent MLG unit overhaul; a detailed inspection for missing or damaged paint, and if necessary, a detailed inspection of the cadmium plating for discrepancies, measurement of the depth of the cadmium plating, a general visual inspection of the base metal for corrosion or damage, a detailed inspection of repaired areas for cracking or corrosion; and corrective actions if necessary. We are proposing this AD to detect and correct corrosion in the bore of each MLG unit bogie beam, which could result in collapse of a MLG unit, and subsequent damage to the airplane and injury to occupants. DATES: We must receive comments on this proposed AD by July 30, 2015. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 • 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For Airbus service information identified in this proposed AD, contact Airbus SAS, Airworthiness Office— EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330–A340@ airbus.com; Internet https:// www.airbus.com. For Messier-Dowty service information contact MessierDowty Limited, Cheltenham Road, Cloucester, GL2 9QH, England; telephone +44(0) 1452 712424; fax+ 44(0) 1452 713821; Internet https:// www.messier-dowtycom). 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. 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–2015– 1981; 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 Operations 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1138; fax 425–227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2015–1981; Directorate Identifier E:\FR\FM\15JNP1.SGM 15JNP1

Agencies

[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Proposed Rules]
[Pages 34097-34098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14538]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201


Market Agencies Selling on Commission; Purchases From Consignment

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

ACTION: Request for information.

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

SUMMARY: The United States Department of Agriculture's (USDA) Grain 
Inspection, Packers and Stockyards Administration (GIPSA) is seeking 
comments from the public regarding regulations issued under the Packers 
and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA 
regulations address circumstances under which a market agency is 
allowed to sell livestock on a commission basis to its owners, 
officers, and employees. There may be some need to update this 
regulation to address current marketing practices. GIPSA would like to 
determine whether additional information is needed in clarifying the 
circumstances under which key employees of the market agency, those 
designated as an auctioneer, weighmaster, or salesman, may purchase 
livestock.

DATES: We will consider comments we receive by August 14, 2015.

ADDRESSES: We invite you to submit comments on this request for 
information. You may submit comments by any of the following methods:
     E-Mail: comments.gipsa@usda.gov.
     Mail: M. Irene Omade, GIPSA, USDA, 1400 Independence 
Avenue SW., Room 2542A-S, Washington, DC 20250-3613.
     Fax: (202) 690-2173.
     Hand Delivery or Courier: M. Irene Omade, GIPSA, USDA, 
1400 Independence Avenue SW., Room 2542A-S, Washington, DC 20250-3613.
     Internet: https://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. Regulatory analyses 
and other documents relating to this action 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 review 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) 720-7486 to arrange a viewing of 
comments.

FOR FURTHER INFORMATION CONTACT:  S. Brett Offutt, Director, Policy and 
Litigation Division, P&SP, GIPSA, 1400 Independence Ave. SW., 
Washington, DC 20250-3646, (202) 720-7363, s.brett.offutt@usda.gov.

SUPPLEMENTARY INFORMATION: GIPSA enforces the P&S Act. Under the 
authority granted to the Secretary of Agriculture (Secretary) and 
delegated to GIPSA, the Packers & Stockyards Program (P&SP) is 
authorized (7 U.S.C. 228) to make regulations necessary to carry out 
the provisions of the P&S Act. Section 312 (7 U.S.C. 213) of the P&S 
Act makes it unlawful for markets to engage in or use any unfair, 
unjustly discriminatory, or deceptive practice or device in connection 
with the marketing, buying, or selling of livestock on a commission 
basis. Section 307 (7 U.S.C. 208) of the P&S Act makes it the duty of 
every stockyard owner and market agency to establish, observe, and 
enforce just, reasonable, and nondiscriminatory regulations and 
practices with respect to the furnishing of stockyard services and 
makes every unjust, unreasonable, or discriminatory regulation or 
practice prohibited and unlawful. Section 201.56 (9 CFR 201.56) of the 
regulations issued under the P&S Act explains when and under what 
circumstances market agencies, individuals, or firms affiliated with a 
market agency, may purchase consigned livestock from sales conducted by 
the market agency.
    Section 201.56 was amended in October 1993 [58 FR 52886]. Since 
then only a minor technical amendment has been made to Section 201.56. 
This amendment revised the Office of Management and Budget control 
number [68 FR 75388, December 31, 2003]. GIPSA is considering whether 
to update paragraph (c).
    Section 201.56(c) of the regulations recognizes ``auctioneers,'' 
``weighmasters,'' and ``salesmen'' as key employees of market agencies. 
Key employees are those market agency employees whose duties involve 
performing key functions (i.e., functions involving determinations or 
decisions directly affecting the interests of consignors).
    Individuals performing key functions for a market agency are 
restricted to a greater degree as to the purchases they may make from 
consignments to the market. Section 201.56(c) of the regulations 
currently states that key employees may not purchase livestock out of 
consignment for their own account (personal or business) for any 
purpose. Key employees may still purchase livestock in the name of the 
market agency; for example, key employees can bid in the name of the 
market agency to make market support purchases. Market support 
purchases are purchases made in the name of the market agency when the 
market agency believes that the highest bid does not reflect the true 
market value of the livestock being offered for sale. Key employees may 
also purchase livestock in the market agency's name for the market 
agency's livestock dealer account. Market agencies and their owners, 
officers, agents, non-key employees, and firms in which these 
individuals have an ownership or financial interest may purchase 
livestock out of consignments for any purpose. Only those employees 
designated as key employees may not purchase livestock for their own 
accounts.
    In forty different locations within the regulations promulgated 
under the P&S Act, GIPSA refers to the livestock scale operator as the 
``weigher.'' The regulations refer to the scale operator as the 
``weighmaster,'' only twice. Section 201.56(c) is one of the two 
exceptions. To our knowledge there is no difference meant or intended 
between the two terms. For the sake of consistency, GIPSA is 
considering changing ``weighmaster'' to ``weigher'' in the list of key 
employees.
    GIPSA is also considering the need to retain ``salesmen'' on the 
list of key employees. Historically, salesmen have been owners or 
employees of market agencies engaged in selling livestock on a 
commission basis in privately negotiated sales. Presently we know of

[[Page 34098]]

no market agencies selling livestock through privately negotiated 
sales. The stockyards in which privately negotiated sales occurred now 
sell livestock in public auctions. While some employees may have 
retained a ``salesman'' job title, these employees no longer perform 
those functions that made them key employees.
    GIPSA is requesting comments from livestock industry 
representatives that address the following:
    (1) Which of the following should be included as a key employee, 
and why:
(a) Auctioneer
(b) Clerk of Sale
(c) Ringmen
(d) Salesmen
(e) Weighmaster/Weigher
(f) Manager or Owner
    (2) If weighers are otherwise considered key employees, should a 
weigher be allowed to bid on livestock when:
(a) The market scale is equipped with a digital indicator
(b) Livestock are not sold by weight
    (3) If livestock scale operators remain on the list of key 
employees would you object to GIPSA referring to the livestock scale 
operator as the ``weigher'' rather than the ``weighmaster'' in 
201.56(c)?
    GIPSA is also interested to hear comments on whether key employees 
may purchase livestock during a sale under specific circumstances, or 
for specific purposes, such as:
    (4) If a key employee would step down from the auctioneer's booth 
or scale during a sale:
    (a) Could the key employee then bid on livestock for their own 
account from the bleachers with the other buyers as long as the 
employee provided no key services while doing so:
    (i) Should this be limited to a specific species;
    (ii) Should their time spent bidding or serving in a key capacity 
be documented, and if so, how;
    (iii) Should a key employee be allowed to return to the 
auctioneer's booth or scale, to perform key employee duties, after 
bidding on livestock from the bleachers?
    (5) Should GIPSA allow a key employee to buy livestock for market 
support or to fill orders held by their employer, the market agency?
    (6) What is perceived to be the greatest impediment or barrier to 
effective competition at a market agency selling livestock on a 
commission basis?
    GIPSA welcomes any comments addressing these issues and any other 
aspects of the general subject of permitting key employees to purchase 
livestock from consignments to a market agency.

Susan B. Keith,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2015-14538 Filed 6-12-15; 8:45 am]
BILLING CODE 3410-KD-P
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