Scope of Sections 202(a) and (b) of the Packers and Stockyards Act, 9489 [2017-02496]

Agencies

• DEPARTMENT OF AGRICULTURE
• Grain Inspection, Packers and Stockyards Administration

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Page 9489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02496]



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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / 
Rules and Regulations

[[Page 9489]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB25


Scope of Sections 202(a) and (b) of the Packers and Stockyards 
Act

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

ACTION: Interim final rule; notice of delay of effective date and 
extension of comment period.

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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 the public comment 
period and delaying the effective date of the rule published on 
December 20, 2016. This interim final rule adds a paragraph to Sec.  
201.3 addressing the scope of sections 202(a) and (b) of the Packers 
and Stockyards Act, 1921, as amended and supplemented (P&S Act) in 
order to clarify that conduct or action may violate sections 202(a) and 
(b) of the P&S Act without adversely affecting, or having a likelihood 
of adversely affecting, competition. This rule was originally set to 
take effect on February 21, 2017.

DATES: Effective February 7, 2017, the effective date of the interim 
final rule amending 9 CFR part 201, published at 81 FR 92566, December 
20, 2016 is delayed until April 22, 2017. Interested persons are 
invited to submit written comments on this interim final rule on or 
before March 24, 2017.

ADDRESSES: We invite you to submit comments on this interim final 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 the public comment period 
and delaying the effective date of the interim final rule entitled 
``Scope of Sections 202(a) and (b) of the Packers and Stockyards Act'' 
that was published in the Federal Register on December 20, 2016, 81 FR 
92566.
    This interim final rule states the interpretation that not all 
violations of the P&S Act require a showing of harm or likely harm to 
competition. Section 201.3(a) specifically provides that the scope of 
section 202(a) and (b) encompasses conduct or action that, depending on 
their nature and the circumstances, can be found to violate the P&S Act 
without a finding of harm or likely harm to competition. This interim 
final rule finalizes a proposed Sec.  201.3(c) that GIPSA published on 
June 22, 2010, 75 FR 35338, with slight modifications in order to allow 
additional public comment on these provisions.
    To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is 
exempt from notice and comment rulemaking for good cause and for 
reasons cited above, GIPSA finds that notice and solicitation of 
comment regarding the brief extension of the effective date of the 
interim finalrule are impracticable, unnecessary, or contrary to the 
public interest pursuant to 5 U.S.C. 553(b)(B). GIPSA believes that 
affected parties need to be informed as soon as possible of the 
extension and its length.

Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-02496 Filed 2-6-17; 8:45 am]
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