Unfair Practices and Undue Preferences in Violation of the Packers and Stockyards Act, 9533-9534 [2017-02495]
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9533
Proposed Rules
Federal Register
Vol. 82, No. 24
Tuesday, February 7, 2017
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–AB26
Poultry Grower Ranking Systems
Grain Inspection, Packers and
Stockyards Administration, USDA
ACTION: Proposed rule: Extension of
comment period.
AGENCY:
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.
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SUMMARY:
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13:37 Feb 06, 2017
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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: 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. 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,
s.brett.offutt@usda.gov.
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
ADDRESSES:
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Frm 00001
Fmt 4702
Sfmt 4702
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 § 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
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
9 CFR Part 201
RIN 0580–AB27
Unfair Practices and Undue
Preferences in Violation of the Packers
and Stockyards Act
Grain Inspection, Packers and
Stockyards Administration, USDA
ACTION: Proposed rule: Extension of
comment period.
AGENCY:
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 would clarify the conduct
or action by packers, swine contractors,
or live poultry dealers that GIPSA
considers 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). This
proposed rule would also identify
criteria that the Secretary would
consider in determining whether
conduct or action by packers, swine
SUMMARY:
E:\FR\FM\07FEP1.SGM
07FEP1
Lhorne on DSK30JT082PROD with PROPOSALS
9534
Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Proposed Rules
contractors, or live poultry dealers
constitutes an undue or unreasonable
preference or advantage and a violation
of section 202(b) of the P&S Act.
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: 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. 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,
s.brett.offutt@usda.gov.
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 ‘‘Unfair
Practices and Undue Preferences in
Violation of the Packers and Stockyards
Act’’ that was published in the Federal
Register on December 20, 2016, (81 FR
92703).
This proposed rule would make two
changes to the regulation issued under
P&S Act. The first clarifies the conduct
or action by packers, swine contractors,
VerDate Sep<11>2014
13:37 Feb 06, 2017
Jkt 241001
or live poultry dealers that GIPSA
considers unfair, unjustly
discriminatory, or deceptive and a
violation of section 202(a) of the P&S
Act. The second provides criteria, in
response to requirements of the 2008
Farm Bill, to consider in determining
whether a packer, swine contractor, or
live poultry dealer has engaged in
conduct resulting in an undue
preference or advantage to one or more
livestock producers or poultry growers
in violation of § 202(b) of the P&S Act.
Authority: 7 U.S.C. 181–229c.
Marianne Plaus,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2017–02495 Filed 2–6–17; 8:45 am]
BILLING CODE 3410–KD–P
NUCLEAR REGULATORY
COMMISSION
FOR FURTHER INFORMATION CONTACT:
10 CFR Part 73
[NRC–2016–0145]
RIN 3150–AJ79
Access Authorization and Fitness-ForDuty Determinations
I. Background
The U.S. Nuclear Regulatory
Commission (NRC) plans to hold a
public meeting to discuss a rulemaking
activity regarding the role of third
parties in access authorization and
fitness-for-duty determinations. The
purpose of the meeting is to provide
information on the background and
status of this rulemaking activity and to
obtain input from interested
stakeholders.
DATES: The public meeting will be held
on February 13, 2017. See Section II,
Public Meeting, of this document for
more information on the meeting.
ADDRESSES: Please refer to Docket ID
NRC–2016–0145 when contacting the
NRC about the availability of
information regarding this meeting. You
may obtain publicly-available
information related to this meeting
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0145. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Daniel I. Doyle, telephone: 301–415–
3748, email: Daniel.Doyle@nrc.gov; or
Mark Resner, telephone: 301–287–3680,
email: Mark.Resner@nrc.gov. Both are
staff members of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
Nuclear Regulatory
Commission.
ACTION: Public meeting.
AGENCY:
SUMMARY:
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
In a staff requirements memorandum
dated June 6, 2016 (SRM–SECY–15–
0149, ADAMS Accession No.
ML16158A286), the Commission
approved proceeding with the
rulemaking process to further explore
the issues raised in an NRC staff paper
regarding the role of third party
arbitrators in licensee access
authorization and fitness-for-duty
determinations. The NRC is in the early
stages of developing a draft regulatory
basis document that will describe the
regulatory issue, options to address the
issue, and the recommended option.
The NRC will consider the information
shared at the meeting in the
development of the draft regulatory
basis document.
The NRC held a similar public
meeting on November 16, 2016, and a
summary of that meeting is available in
ADAMS under Accession No.
ML16336A034. The NRC is holding this
meeting in response to a request from
stakeholders to allow another
opportunity for public input prior to
publication of a draft regulatory basis
document. The NRC also held a closed
meeting on December 12, 2016, with
representatives from the International
Brotherhood of Electrical Workers, and
a summary of that meeting is available
E:\FR\FM\07FEP1.SGM
07FEP1
]]>Agencies
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Proposed Rules]
[Pages 9533-9534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02495]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
9 CFR Part 201
RIN 0580-AB27
Unfair Practices and Undue Preferences in Violation of the
Packers and Stockyards Act
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 would clarify the conduct or action by
packers, swine contractors, or live poultry dealers that GIPSA
considers 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). This proposed rule would also identify
criteria that the Secretary would consider in determining whether
conduct or action by packers, swine
[[Page 9534]]
contractors, or live poultry dealers constitutes an undue or
unreasonable preference or advantage and a violation of section 202(b)
of the P&S Act.
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: 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. 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, s.brett.offutt@usda.gov.
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 ``Unfair Practices and
Undue Preferences in Violation of the Packers and Stockyards Act'' that
was published in the Federal Register on December 20, 2016, (81 FR
92703).
This proposed rule would make two changes to the regulation issued
under P&S Act. The first clarifies the conduct or action by packers,
swine contractors, or live poultry dealers that GIPSA considers unfair,
unjustly discriminatory, or deceptive and a violation of section 202(a)
of the P&S Act. The second provides criteria, in response to
requirements of the 2008 Farm Bill, to consider in determining whether
a packer, swine contractor, or live poultry dealer has engaged in
conduct resulting in an undue preference or advantage to one or more
livestock producers or poultry growers in violation of Sec. 202(b) of
the P&S Act.
Authority: 7 U.S.C. 181-229c.
Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 2017-02495 Filed 2-6-17; 8:45 am]
BILLING CODE 3410-KD-P
