Poultry Grower Ranking Systems, 9533 [2017-02497]

Download as PDF 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. Lhorne on DSK30JT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:37 Feb 06, 2017 Jkt 241001 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: http:// 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: PO 00000 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

Agencies

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Proposed Rules]
[Page 9533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02497]


========================================================================
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. 82, No. 24 / Tuesday, February 7, 2017 / 
Proposed Rules

[[Page 9533]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB26


Poultry Grower Ranking Systems

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 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.

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: http://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 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 Sec.  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