Scope of Sections 202(a) and (b) of the Packers and Stockyards Act, 17531 [2017-07360]
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17531
Rules and Regulations
Federal Register
Vol. 82, No. 69
Wednesday, April 12, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Interim final rule; notice of
delay of effective date.
AGENCY:
The United States Department
of Agriculture’s (USDA) Grain
Inspection, Packers and Stockyards
Administration (GIPSA) is delaying the
effective date of the rule published on
December 20, 2016, for an additional six
months to October 19, 2017, in response
to a comment received from a national
general farm organization that requested
an extension of time and to allow time
for further consideration by USDA. The
effective date for this rule was originally
February 21, 2017, and subsequently
delayed to April 22, 2017, by a
document published in the Federal
Register on February 7, 2017. The
interim final rule addresses 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.
DATES: The effective date for the interim
final rule amending 9 CFR part 201,
published at 81 FR 92566, December 20,
2016, delayed at 82 FR 9489, February
7, 2017, is further delayed until October
19, 2017.
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.
pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:14 Apr 11, 2017
Jkt 241001
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,’’ on February 7, 2017,
GIPSA extended the public comment
period and delayed 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. The comment period
was extended at that time to March 24,
2017, and the effective date delayed to
April 22, 2017.
Given the significant public interest
in this rule, GIPSA has found that the
initial delay of the effective date to
April 22, 2017, will likely not provide
sufficient time for USDA to adequately
consider all comments received and
make informed policy decisions
regarding this rule. GIPSA is therefore
further delaying the effective date of this
rule an additional 180 days to October
19, 2017. In addition, GIPSA will
publish a proposed rule that solicits
public comments on the direction that
USDA should take with respect to the
rule. The public will have a 60-day
comment period to specify whether
USDA should (1) let the rule become
effective, (2) suspend the rule
indefinitely, (3) delay the effective date
of the rule further, or (4) withdraw the
rule.
As published, this interim final rule
states the USDA’s long held
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
§ 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 extension of
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
the effective date of the interim final
rule are impracticable, unnecessary, or
contrary to the public interest pursuant
to 5 U.S.C. 553(b)(B). The delay of the
effective date until October 19, 2017,
should give GIPSA sufficient time to
receive and consider public comments
and to take action on the disposition of
the IFR. Delaying the effective date
would also reduce confusion or
uncertainty for the industry while
GIPSA determines the appropriate final
disposition of the IFR. GIPSA believes
that affected parties need to be informed
as soon as possible of the extension and
its length.
Randall D. Jones,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2017–07360 Filed 4–11–17; 8:45 am]
BILLING CODE 3410–KD–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–4158; Special
Conditions No. 25–656–SC]
Special Conditions: Bombardier Inc.
Model BD–700–2A12 and BD–700–
2A13 Airplanes; Fuselage In-Flight Fire
Safety and Flammability Resistance of
Aluminum-Lithium Material
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Bombardier Inc.
(Bombardier) Model BD–700–2A12 and
BD–700–2A13 airplanes. These
airplanes will have a novel or unusual
design feature when compared to the
state of technology envisioned in the
airworthiness standards for transportcategory airplanes. This design feature
is a fuselage fabricated using aluminumlithium materials instead of
conventional aluminum. The applicable
airworthiness regulations do not contain
adequate or appropriate fire-safety
standards for this design feature. These
special conditions contain the
additional fire-safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
SUMMARY:
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Page 17531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07360]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 /
Rules and Regulations
[[Page 17531]]
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.
-----------------------------------------------------------------------
SUMMARY: The United States Department of Agriculture's (USDA) Grain
Inspection, Packers and Stockyards Administration (GIPSA) is delaying
the effective date of the rule published on December 20, 2016, for an
additional six months to October 19, 2017, in response to a comment
received from a national general farm organization that requested an
extension of time and to allow time for further consideration by USDA.
The effective date for this rule was originally February 21, 2017, and
subsequently delayed to April 22, 2017, by a document published in the
Federal Register on February 7, 2017. The interim final rule addresses
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.
DATES: The effective date for the interim final rule amending 9 CFR
part 201, published at 81 FR 92566, December 20, 2016, delayed at 82 FR
9489, February 7, 2017, is further delayed until October 19, 2017.
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,'' on February 7, 2017, GIPSA extended the public
comment period and delayed 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. The comment period was extended at that time to
March 24, 2017, and the effective date delayed to April 22, 2017.
Given the significant public interest in this rule, GIPSA has found
that the initial delay of the effective date to April 22, 2017, will
likely not provide sufficient time for USDA to adequately consider all
comments received and make informed policy decisions regarding this
rule. GIPSA is therefore further delaying the effective date of this
rule an additional 180 days to October 19, 2017. In addition, GIPSA
will publish a proposed rule that solicits public comments on the
direction that USDA should take with respect to the rule. The public
will have a 60-day comment period to specify whether USDA should (1)
let the rule become effective, (2) suspend the rule indefinitely, (3)
delay the effective date of the rule further, or (4) withdraw the rule.
As published, this interim final rule states the USDA's long held
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 extension of the effective date of the interim
final rule are impracticable, unnecessary, or contrary to the public
interest pursuant to 5 U.S.C. 553(b)(B). The delay of the effective
date until October 19, 2017, should give GIPSA sufficient time to
receive and consider public comments and to take action on the
disposition of the IFR. Delaying the effective date would also reduce
confusion or uncertainty for the industry while GIPSA determines the
appropriate final disposition of the IFR. GIPSA believes that affected
parties need to be informed as soon as possible of the extension and
its length.
Randall D. Jones,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 2017-07360 Filed 4-11-17; 8:45 am]
BILLING CODE 3410-KD-P
