Reorganization and Transfer of Regulations, 45644-45649 [2019-18201]

Download as PDF 45644 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations jspears on DSK3GMQ082PROD with RULES information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants. (g) From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations. (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS’s ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence. (j) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2019–18749 Filed 8–29–19; 8:45 am] BILLING CODE 9111–28–P VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 735 7 CFR Chapter VIII 9 CFR Chapter II [Doc. No. AMS–FGIS–18–0073 FR] Reorganization and Transfer of Regulations Agricultural Marketing Service; Farm Service Agency; Grain Inspection, Packers, and Stockyards Administration; USDA. ACTION: Final rule. AGENCY: This rule transfers certain regulations under the Farm Service Agency (FSA) and the Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS) to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). This rule also makes corresponding revisions to the regulations to reflect the organizational changes. This action is necessary to enable the AMS Administrator to issue, maintain, and revise as necessary regulations related to programs under the AMS Administrator’s delegated authority. DATES: Effective August 30, 2019. FOR FURTHER INFORMATION CONTACT: Dawana J. Clark, Legislative and Regulatory Review Staff, Office of the Administrator, AMS, USDA; Telephone: (202) 720–7540, Fax: (202) 690–3767, or Email: Dawana.Clark@usda.gov. SUPPLEMENTARY INFORMATION: In November 2018, the Secretary of Agriculture directed the reorganization of several USDA agencies. The purpose of the reorganization was to help USDA better meet the needs of farmers, ranchers, and producers, while providing improved customer service and maximizing efficiency. A final rule published November 29, 2018 (83 FR 61309), eliminated GIPSA as a standalone agency and amended 7 CFR part 2 to include new delegations of authority from the Under Secretary for Marketing and Regulatory Programs to the AMS Administrator. Amended § 2.79 authorizes the AMS Administrator to administer the United States Grain Standards Act, as amended (7 U.S.C. 71–87h); the Packers and Stockyards Act, 1921 (P&S), as amended and supplemented (7 U.S.C. 181 et seq.); and the United States Warehouse Act (USWA), as amended (7 U.S.C. 241– SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 273). The reorganization and redelegation of authority necessitate the transfer of corresponding regulations to AMS, giving the AMS Administrator authority to issue, maintain, and revise regulations pertaining to USWA programs, the Federal Grain Inspection Service (FGIS), and P&S programs. This final rule completes the necessary transfer. Overview of Changes Currently, Title 7, Chapter VII, part 735 of the Code of Federal Regulations (CFR) contains the USWA regulations, under FSA administration. This final rule transfers the USWA regulations in part 735 to Chapter VIII of Title 7 and redesignates them as part 869. Currently Chapter VIII is titled ‘‘Grain Inspection, Packers and Stockyards Administration (Federal Grain Inspection Service), Department of Agriculture.’’ This final rule revises the title of Chapter VIII to read ‘‘Agricultural Marketing Service (Federal Grain Inspection Service, Fair Trade Practices Program), Department of Agriculture’’ to reflect the elimination of GIPSA and the redelegation of administrative authority for FGIS and USWA activities to the AMS Administrator. The Deputy Administrator of AMS’s Federal Grain Inspection Service oversees FGIS activities for the Administrator, and the Deputy Administrator of AMS’s Fair Trade Practices Program (FTPP) oversees USWA activities for the Administrator. Currently, Title 9, Chapter II, of the CFR, titled ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agriculture’’ contains the P&S regulations. This final rule revises the title of Chapter II to read ‘‘Agricultural Marketing Service (Fair Trade Practices Program), Department of Agriculture’’ to reflect the elimination of GIPSA and the redelegation of administrative authority for P&S activities to the AMS Administrator. The Deputy Administrator of FTPP oversees P&S activities for the Administrator. This final rule makes corresponding revisions to certain definitions, references, addresses, and telephone numbers in 7 CFR parts 800, 868, and 869; and 9 CFR parts 201,202, 203, and 206 to reflect redelegation to the AMS Administrator of authority over former GIPSA and FSA programs. This rule replaces references to the Grain Inspection, Packers and Stockyards Administration, GIPSA, the Farm Service Agency, and FSA as appropriate with references to the Agricultural Marketing Service and AMS. This rule redefines the term Administrator in the E:\FR\FM\30AUR1.SGM 30AUR1 jspears on DSK3GMQ082PROD with RULES Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations 45645 9 CFR Part 203 affected regulations to mean the AMS Administrator. This rule updates street, mailing, and website addresses to provide current addresses related to services now provided by AMS. This final rule revises redesignated 7 CFR part 869 by replacing references to FSA’s Deputy Administrator, Commodity Operations or DACO with references to AMS’s Warehouse and Commodity Management Division Director and AMS. This rule also revises cross references within part 869 by replacing references to other sections in part 735 with references to the corresponding sections in redesignated part 869. Specifically, this rule revises such cross references in §§ 869.3, 869.6, 869.303, 869.401, 869.402, 869.403, and 869.404. This rule makes additional revisions to 9 CFR parts 201, 202, and 203. In § 201.2(f), the term Regional Director replaces the term Regional Supervisor and means a Regional Director of FTPP’s Packers and Stockyards Division (PSD). This rule adds a new definition for Packers and Stockyards Division (PSD), which now administers the Packers and Stockyards programs on a day-to-day basis. In § 201.108–1, references to PSD replace references to Packers and Stockyards Programs. In §§ 202.103 and 202.112, references to PSD regional and headquarters offices replace references to area and headquarters offices of the Agency. Similarly, a reference to a PSD Regional Office replaces the reference to a GIPSA Regional Office in § 203.15(a)(6). This rule also revises several references to GIPSA in 9 CFR part 206 by replacing them with references to AMS or PSD as appropriate. Currently, 9 CFR part 204 describes GIPSA organization and functions. Since GIPSA was eliminated and its functions redelegated to AMS, this section is no longer necessary. This final rule removes and reserves part 204. seq., and thus is exempt from the provisions of those Acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act (5 U.S.C. 801 et seq.), provides exemptions for rules: ‘‘of particular applicability’’; ‘‘relating to agency management or personnel’’; or ‘‘of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.’’ This rulemaking qualifies for this exemption. AMS is committed to complying with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. Administrative practice and procedure, Agricultural commodities, Reporting and recordkeeping requirements, Rice. ■ Classification This final rule is administrative in nature and reflects changes in the agency’s organization. Accordingly, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective in fewer than 30 days after publication in the Federal Register. Therefore, this final rule is effective upon publication. Additionally, this rule is exempt from the provisions of Executive Orders 12866 and 13771. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et 7 CFR Part 869 PARTS 800 THROUGH 868 [DESIGNATED AS SUBCHAPTER A] VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 7 CFR Part 735 Administrative practice and procedure, Beans, Cotton, Cottonseeds, Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety bonds, Tobacco, Warehouses, Textiles. 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 868 Administrative practice and procedure, Beans, Cotton, Cottonseeds, Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety bonds, Tobacco, Warehouses, Textiles. 9 CFR Part 201 9 CFR Part 205 Archives and records, Intergovernmental relations, Reporting and recordkeeping requirements 9 CFR Part 206 Government contracts, Reporting and recordkeeping requirements, Swine. For the reasons stated in the preamble, as authorized by the Secretary’s Memorandum dated November 14, 2018, and under authority of 5 U.S.C. 552 and 7 U.S.C. 71–87k, 181–229, 1621–1627, and 1631, the Department of Agriculture amends 7 CFR chapters VII and VIII and 9 CFR chapter II as follows: PART 735 [TRANSFERRED TO CHAPTER VIII AND REDESIGNATED AS PART 869] 1. The authority citation for part 735 continues to read as follows: ■ Authority: 7 U.S.C. 241 et seq. 2. Transfer part 735 into 7 CFR chapter VIII and redesignate it as part 869. ■ Subchapter C [Reserved] 3. Subchapter C, consisting of parts 735 and 743, is removed and reserved. ■ Chapter VIII—Agricultural Marketing Service (Federal Grain Inspection Service, Fair Trade Practices Program), Department of Agriculture 4. Revise the heading of 7 CFR chapter VIII to read as set forth above. 5. Designate parts 800 through 868 as subchapter A under the following heading: ■ Subchapter A—Federal Grain Inspection 6. An authority citation for subchapter A is added to read as follows: Authority: 7 U.S.C. 71–87K, 1621–1627. Subchapter A [Amended] 7. In newly designated subchapter A, wherever it occurs: ■ a. Remove the words ‘‘Grain Inspection, Packers and Stockyards ■ 9 CFR Part 202 Administrative practice and procedure, Stockyards. Fmt 4700 Freedom of information, Organization and functions (Government agencies) ■ Confidential business information, Reporting and recordkeeping requirements, Stockyards, Surety bonds, Trade practices. Frm 00019 9 CFR Part 204 Title 7—Agriculture List of Subjects PO 00000 Reporting and recordkeeping requirements, Stockyards. Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1 45646 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations Administration’’ and add in their place ‘‘Agricultural Marketing Service’’; and ■ b. Remove the term ‘‘GIPSA’’ and add in its place ‘‘AMS’’. PART 800—GENERAL REGULATIONS 8. The authority citation for part 800 continues to read: ■ Authority: 7 U.S.C. 71–87k. ■ 9. Revise § 800.7 to read as follows: § 800.7 Information about the Service, Act, and regulations. Information about the Agricultural Marketing Service, Service, Act, regulations, official standards, official criteria, rules of practice, instructions, and other matters related to the official inspection or Class X or Class Y weighing of grain may be obtained by telephoning or writing the Service at its headquarters or any one of its field offices at the numbers and addresses listed on the Service’s website. ■ 10. Amend § 800.8 by revising paragraphs (d) and (e) to read as follows: § 800.8 Public information. * * * * * (d) Requests for records. Requests for records under 5 U.S.C. 552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be addressed as follows: AMS FOIA Officer, Agricultural Marketing Service, FOIA Request, 1400 Independence Avenue SW, Room 2095– S, Stop 0203, Washington, DC 20250– 0203. (e) Appeals. Any person whose request under paragraph (d) of this section is denied shall have the right to appeal such denial in accordance with 7 CFR 1.13. Appeals shall be addressed to the Administrator, Agricultural Marketing Service, FOIA Appeal, 1400 Independence Avenue SW, Room 3071– S, Stop 0201, Washington, DC 20250– 0201. * * * * * PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES 11. The authority citation for part 868 continues to read: ■ Authority: 7 U.S.C. 1621–1627. 12. Amend § 868.91 by revising note 2 to table 2 to read as follows: jspears on DSK3GMQ082PROD with RULES ■ § 868.91 Fees for certain Federal rice inspection services. * * * * * Table 2—Unit Rates Service 1 * * * * * apply to determinations (original or appeals) for kind, class, 1 Fees VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 grade, factor analysis, equal to type, milling yield, or any other quality designation as defined in the U.S. Standards for Rice or applicable instructions, whether performed singly or in combination at other than at the applicant’s facility. 2 Interpretive line samples may be purchased from the U.S. Department of Agriculture, AMS, FGIS, National Grain Center, 10383 North Ambassador Drive, Kansas City, Missouri 64153–1394. Interpretive line samples also are available for examination at selected FGIS field offices. A list of field offices may be obtained from the AMS website at (https://www.ams.usda.gov). The interpretive line samples illustrate the lower limit for milling degrees only and the color limit for the factor ‘‘Parboiled Light’’ rice. * * * * * Subchapter B—Regulations for Warehouses § 869.3 [Amended] 17. In newly transferred and redesignated § 869.3, amend the definition of ‘‘Service license’’ by removing the reference to ‘‘§ 735.202’’ and adding in its place ‘‘§ 868.202’’. ■ 18. In newly transferred and redesignated § 869.4, revise paragraphs (c)(1) and (2) to read as follows: ■ § 869.4 Fees. * * * * * (c) * * * (1) Will be available at AMS’s website, or (2) May be requested at the following address: Director, Warehouse and Commodity Management Division, Fair Trade Practices Program, AMS, USDA, Stop 3601, 1400 Independence Avenue SW, Washington, DC 20250–3601. * * * * * § 869.5 [Amended] 18. In newly transferred and redesignated § 869.5, in the introductory text, remove the reference to ‘‘§ 735.8’’ and add in its place ‘‘§ 869.8’’. ■ 13. Add a heading for subchapter B, consisting of newly transferred and redesignated part 869, to read as set forth above. ■ PART 869—REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT 14. The authority citation for newly transferred and redesignated part 869 continues to read as follows: ■ Authority: 7 U.S.C. 241 et seq. 15. In newly transferred and redesignated part 869, wherever it occurs: ■ a. Remove the words ‘‘Farm Service Agency’’ and add in their place ‘‘Agricultural Marketing Service’’; ■ b. Remove the term ‘‘FSA’’ and add in its place ‘‘AMS’’; and ■ c. Remove the term ‘‘DACO’’ and add in its place ‘‘AMS’’. ■ 16. In newly transferred and redesignated § 869.2, revise paragraphs (a) and (d)(2) to read as follows: ■ § 869.6 [Amended] 20. In newly transferred and redesignated § 869.6, in paragraph (a), remove the reference to ‘‘§ 735.8’’ and add in its place ‘‘§ 869.8’’. ■ 21. In newly transferred and redesignated § 869.8 revise paragraph (a) to read as follows: ■ § 869.8 Appeals. (a) Any person who is subject to an adverse determination made under the Act may appeal the determination by filing a written request with AMS at the following address: Director, Warehouse and Commodity Management Division, Fair Trade Practices Program, AMS, USDA, Stop 3601, 1400 Independence Avenue SW, Washington, DC 20250– 3601. * * * * * § 869.303 § 869.2 Administration. (a) AMS will administer all provisions and activities regulated under the Act under the general direction and supervision of AMS’s Director, Warehouse and Commodity Management Division, or a designee. * * * * * (d) * * * (2) The following address: Director, Warehouse and Commodity Management Division, Fair Trade Practices Program, AMS, USDA, Stop 3601, 1400 Independence Avenue SW, Washington, DC 20250–3601. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 [Amended] 22. In newly transferred and redesignated § 869.303, in paragraph (a)(2), remove the reference to ‘‘§ 735.2(b)’’ and add in its place ‘‘§ 869.2(b)’’. ■ § 869.401 [Amended] 23. Amend newly transferred and redesignated § 869.401: ■ a. In paragraph (a)(2), by removing the reference to ‘‘§ 735.14’’ and adding in its place ‘‘§ 869.14’’; and ■ b. In paragraph (c)(1), by removing ‘‘§§ 735.6 and 735.8’’ and adding in its place ‘‘§§ 869.6 and 869.8’’. ■ E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations § 869.402 [Amended] 24. Amend newly transferred and redesignated § 869.402: ■ a. In paragraph (a)(2), by removing the reference to ‘‘§ 735.14’’ and adding in its place ‘‘§ 869.14’’; and ■ b. In paragraph (c)(1), by removing ‘‘§§ 735.6 and 735.8’’ and adding in its place ‘‘§§ 869.6 and 869.8’’. ■ § 869.403 [Amended] 25. In newly transferred and redesignated § 869.403, in paragraph (a), remove ‘‘§§ 735.401 and 735.402’’ and add in its place ‘‘§§ 869.401 and 869.402’’. ■ § 869.404 [Amended] 26. In newly transferred and redesignated § 869.404, in paragraph (a), remove ‘‘§§ 735.401 or 735.402’’ and add in its place ‘‘§ 869.401 or § 869.402’’. ■ Title 9—Animals and Animal Products CHAPTER II—AGRICULTURAL MARKETING SERVICE (FAIR TRADE PRACTICES PROGRAM), DEPARTMENT OF AGRICULTURE 27. Revise the heading of 9 CFR chapter II to read as set forth above. ■ PART 201—REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT 28. The authority citation for part 201 continues to read as follows: ■ Authority: 7 U.S.C. 181–229c. 29. Amend § 201.2 by revising the introductory text and paragraph (f) and adding paragraph (l) to read as follows: ■ jspears on DSK3GMQ082PROD with RULES § 201.2 Terms defined. The definitions of terms contained in the Act shall apply to such terms when used in the Regulations under the Packers and Stockyards Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the Packers and Stockyards Act, 9 CFR part 202; and Statements of General Policy under the Packers and Stockyards Act, 9 CFR part 203. In addition, the following terms used in these parts shall be construed to mean: * * * * * (f) Regional director means the regional director of the Packers and Stockyards Division (PSD) for a given region or any person authorized to act for the regional director. * * * * * (l) Packers and Stockyards Division (PSD) means the Packers and Stockyards Division of the Fair Trade Practices VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 Program (FTPP), Agricultural Marketing Service. * * * * * § 201.34 [Amended] 30. Amend § 201.34: a. In paragraphs (a) and (b), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place the words ‘‘Agricultural Marketing Service (AMS)’’; and ■ b. In paragraph (c), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration’’ and adding in their place the words ‘‘Agricultural Marketing Service’’. ■ 31. Amend § 201.71 by revising the sixth sentence of paragraph (a) to read as follows: ■ ■ § 201.71 Scales and or Electronic Evaluation Devices or Systems; accurate weights and measures, repairs, adjustments or replacements after inspection. (a) * * * All approved material is available for inspection at USDA, AMS, Packers and Stockyards Division, 1400 Independence Avenue SW, Washington, DC 20250, telephone 202–720–7051, and is for sale by the National Conference of Weights and Measures (NCWM), 1135 M Street, Suite 110, Lincoln, Nebraska, 68508. * * * * * * * * § 201.108–1 [Amended] 32. Amend § 201.180–1, in the introductory text, by removing both instances of the words ‘‘Packers and Stockyards Programs’’ and adding in their place ‘‘Packers and Stockyards Division’’. ■ PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT 33. The authority citation for part 202 continues to read: ■ Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 2.81. § 202.2 [Amended] 34. In § 202.2, amend paragraph (b) by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs) (GIPSA) and adding in their place the words ‘‘Agricultural Marketing Service (AMS)’’. ■ § 202.102 [Amended] 35. In § 202.102, revise the definitions for ‘‘Agency’’ and ‘‘Agency head’’ by removing the words ‘‘Grain Inspection, ■ PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 45647 Packers and Stockyards Administration (Packers and Stockyards Programs) (GIPSA) and adding in their place the words ‘‘Agricultural Marketing Service (AMS)’’. ■ 36. Amend § 202.103 by revising paragraphs (d) and (e) to read as follows: § 202.103 Rule 3: Beginning a reparation proceeding. * * * * * (d) Where to file. The complaint should be transmitted or delivered to any regional office of the Packers and Stockyards Division (PSD), or to the PSD headquarters in Washington, DC, or delivered to any full time PSD employee. (e) Time for filing. The complaint must be received by the Department within 90 days after accrual of the cause of action alleged in it. If a complaint is transmitted or delivered to an office of the Department, it shall be deemed to be received by the Department when it reaches such office. If a complaint is delivered to a full-time PSD employee, it shall be deemed to be received by the Department when it is received by such employee. * * * * * ■ 37. Amend § 202.112 by revising the first and last sentences of paragraph (j) and by revising paragraph (k) to read as follows: § 202.112 Rule 12: Oral hearing. * * * * * (j) Filing, and presiding officer’s certificate, of the transcript or recording. As soon as practicable after the close of the oral hearing, the reporter shall transmit to the presiding officer the original transcript or recording of the testimony, and as many copies of the transcript or recording as may be required by paragraph (i) of this section for the PSD regional offices and as may be required for the PSD headquarters office in Washington. * * * The presiding officer shall send the copies of the transcript or recording to the hearing clerk who shall send them to PSD headquarters. (k) Keeping of copies of the transcript or recording. During the period in which the proceeding has an active status in the Department, a copy of the transcript or recording shall be kept at the PSD regional office most convenient to the respondent; however, if there are two or more respondents and they are located in different regions, such copy of the transcript or recording shall be kept at the PSD regional office nearest to the place where the hearing was held. In addition, a copy of the transcript or recording shall be kept at the PSD regional office most convenient to the E:\FR\FM\30AUR1.SGM 30AUR1 45648 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations complainant. Any such copy shall be available for examination during official hours of business at the regional office, but shall remain the property of the Department and shall not be removed from such office. PART 203—STATEMENTS OF GENERAL POLICY UNDER THE PACKERS AND STOCKYARDS ACT 38. The authority citation for part 203 continues to read: ■ Authority: 7 CFR 2.22 and 2.81. 39. Amend § 203.4 by revising paragraph (a) to read as follows: ■ § 203.12 § 203.4 Statement with respect to the disposition of records by packers, live poultry dealers, stockyard owners, market agencies and dealers. (a) Records to be kept. Section 401 of the Packers and Stockyards Act (7 U.S.C. 221) provides, in part, that every packer, live poultry dealer, stockyard owner, market agency, and dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. In order to properly administer the P&S Act, it is necessary that records be retained for such periods of time as may be required to permit the Packers and Stockyards Division (PSD) a reasonable opportunity to examine such records. Section 401 of the Act does not, however, provide for the destruction or disposal of records. Therefore, the Department has formulated this policy statement to provide guidance as to the periods of time after which records may be disposed of or destroyed. * * * * * § 203.5 [Amended] 40. Amend § 203.5 by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in its place in the first two instances the word ‘‘Department,’’ and adding in its place in the third instance the term ‘‘PSD’’. ■ § 203.7 [Amended] 41. Amend § 203.7: a. In the first sentence of paragraph (a), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’; ■ b. In the third sentence of paragraph (b)(2)(iii), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards jspears on DSK3GMQ082PROD with RULES ■ ■ VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 Programs)’’ and adding in their place ‘‘PSD’’; ■ c. In the fourth sentence of paragraph (b)(2)(iii), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place the words ‘‘PSD regional’’; and ■ d. In the first sentence of paragraph (c), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’. [Amended] 42. Amend § 203.12: a. In paragraphs (a) through (c), by removing the sets of three asterisks and adding in their place three ellipsis points; ■ b. In paragraph (f), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘Department’’; and ■ c. In paragraph (g), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’. ■ ■ § 203.14 43. Amend § 203.114 in the note following paragraph 1 by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’. ■ 44. Amend § 203.15 by revising paragraph (a)(6) to read as follows: § 203.15 Trust benefits under sections 206 and 207 of the Act. (a) * * * (6) Amount of money due; and to make certain that a copy of such letter, mailgram, or telegram is filed with a PSD regional office or with the PSD headquarters office within the prescribed time. * * * * * [Amended] 45. Amend § 203.16, in paragraphs (a) introductory text and (b), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘Department’’. ■ § 203.17 46. Amend § 203.17, in paragraphs (a), (b), and (d), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’. Frm 00022 Fmt 4700 (a) In its administration of the Packers and Stockyards Act, the Department has sought to promote and maintain open and fair competition in the livestock and packing industries, and to prevent unfair or anticompetitive practices when they are found to exist. It is the opinion of the Department that the ownership or operation of custom feedlots by packers presents problems which may under some circumstances result in violations of the Packers and Stockyards Act. * * * * * (d) The Department does not consider the existence of packer/custom feedlot relationships, by itself, to constitute a violation of the Act. In the event it appears that a packer/custom feedlot arrangement gives rise to a violation of the Act, an investigation will be made on a case-by-case basis, and, where warranted, appropriate action will be taken. * * * * * [Amended] 48. Amend § 203.19: a. In paragraph (a), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘Department’’; and ■ b. In paragraph (c)(2), by indenting the paragraph, capitalizing the word ‘‘operations’’, and removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs)’’ and adding in their place ‘‘PSD’’. ■ ■ PART 204—[REMOVED AND RESERVED] 49. Under the authority of 5 U.S.C. 552, remove and reserve part 204, consisting of §§ 204.1 through 204.7. ■ PART 205—CLEAR TITLE— PROTECTION FOR PURCHASERS OF FARM ANIMALS 50. The authority citation for part 205 continues to read: ■ Authority: 7 U.S.C. 1631; 7 CFR 2.22 and 2.81. 51. Amend § 205.101 by revising paragraph (c) to read as follows: ■ [Amended] ■ PO 00000 § 203.18 Statement with respect to packers engaging in the business of custom feeding livestock. § 203.19 [Amended] ■ § 203.16 47. Amend § 203.18 by revising paragraphs (a) and (d) to read as follows: ■ Sfmt 4700 § 205.101 Certification—request and processing. * * * * * (c) Any such request and attachments must be filed in triplicate (one copy for E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations public inspection, as second copy for use in AMS, and a third copy for use in the Office of the General Counsel, USDA). All three copies must be received in the headquarters of the Packers and Stockyards Division, Agricultural Marketing Service (AMS), USDA, Washington, DC 20250. * * * * * PART 206—SWINE CONTRACT LIBRARY 52. The authority citation for part 206 continues to read: ■ Authority: 7 U.S.C. 198–198b; 7 U.S.C. 222. 53. In part 206, wherever it occurs: a. Remove the term ‘‘GIPSA’’ and add in its place ‘‘PSD’’; ■ b. Remove the words ‘‘GIPSA website (http://gipsa.usda.gov)’’ and add in their place ‘‘AMS website (https:// ams.usda.gov)’’; and ■ c. Remove the term ‘‘USDA GIPSA,’’ and add in its place ‘‘USDA, AMS, PSD’’. ■ ■ § 206.2 [Amended] 54. Amend § 206.2, in paragraph (b), by removing the words ‘‘Grain Inspection, Packers and Stockyards Administration (GIPSA)’’ and adding in their place ‘‘Packers and Stockyards Division (PSD)’’. ■ Dated: August 20, 2019. Greg Ibach, Under Secretary, Marketing and Regulatory Programs. [FR Doc. 2019–18201 Filed 8–29–19; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA–2019–0649; Special Conditions No. 23–296–SC] Special Conditions: DAHER Aerospace Model TBM700 Airplanes; Autothrust System Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the DAHER Aerospace Model TBM700 airplane. This airplane will have a novel or unusual design feature associated with the use of an autothrust system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this jspears on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 design feature. These special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is August 30, 2019. The FAA must receive your comments by September 30, 2019. ADDRESSES: Send comments identified by docket number FAA–2019–0649 using any of the following methods: b Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. b Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. b Hand Delivery of Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. b Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: The FAA will post all comments it receives, without change, to http://regulations.gov, including any personal information the commenter provides. Using the search function of the docket website, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478), as well as at http://DocketsInfo.dot.gov. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Pretz, AIR–691, Small Airplane Standards Branch, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 329–3239; facsimile (816) 329–4090. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 45649 Reason for No Prior Notice and Comment Before Adoption The FAA has determined, in accordance with 5 U.S. Code §§ 553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior public comment hereon are unnecessary because substantially identical special conditions have been subject to the public comment process in several prior instances such that the FAA is satisfied that new comments are unlikely. For the same reason, the FAA finds that good cause exists for making these special conditions effective upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment. Special conditions No. Company/airplane model 23–291–SC 1 .. Innovation Solutions & Support, Inc.; Textron Aviation, Inc./Model B200. Pilatus Aircraft Ltd./Model PC–24. Cirrus Aircraft Corporation/ Model SF–50. 23–283–SC 2 .. 23–272–SC 3 .. Comments Invited The FAA invites interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. The FAA asks that you send two copies of written comments. The FAA will consider all comments received on or before the closing date for comments. The FAA will consider comments filed late if it is possible to do so without incurring expense or delay. The FAA may change these special conditions based on the comments received. Background On March 28th, 2018, DAHER Aerospace (DAHER) applied for FAA validation of its change to Type Certificate No. A60EU 4 for installation of an autothrust system (ATS), also known as an autothrottle system, in the Model TBM700 airplane. The Model TBM700 is a normal category, metallic, pressurized, low-wing, monoplane that seats up to 5 passengers and two flightcrew. A single Pratt & Whitney 1 https://www.federalregister.gov/d/2018-28116. 2 https://www.federalregister.gov/d/2017-14938. 3 https://federalregister.gov/a/2015-31058. 4 http://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgMakeModel.nsf/0/B777E11E03DD396 C862583AE006215E4?OpenDocument. E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45644-45649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18201]


=======================================================================
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 735

7 CFR Chapter VIII

9 CFR Chapter II

[Doc. No. AMS-FGIS-18-0073 FR]


Reorganization and Transfer of Regulations

AGENCY: Agricultural Marketing Service; Farm Service Agency; Grain 
Inspection, Packers, and Stockyards Administration; USDA.

ACTION: Final rule.

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

SUMMARY: This rule transfers certain regulations under the Farm Service 
Agency (FSA) and the Grain Inspection, Packers and Stockyards 
Administration (GIPSA) to the Agricultural Marketing Service (AMS) to 
reflect changes in the organizational structure and delegated 
authorities within the United States Department of Agriculture (USDA). 
This rule also makes corresponding revisions to the regulations to 
reflect the organizational changes. This action is necessary to enable 
the AMS Administrator to issue, maintain, and revise as necessary 
regulations related to programs under the AMS Administrator's delegated 
authority.

DATES: Effective August 30, 2019.

FOR FURTHER INFORMATION CONTACT: Dawana J. Clark, Legislative and 
Regulatory Review Staff, Office of the Administrator, AMS, USDA; 
Telephone: (202) 720-7540, Fax: (202) 690-3767, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In November 2018, the Secretary of 
Agriculture directed the reorganization of several USDA agencies. The 
purpose of the reorganization was to help USDA better meet the needs of 
farmers, ranchers, and producers, while providing improved customer 
service and maximizing efficiency. A final rule published November 29, 
2018 (83 FR 61309), eliminated GIPSA as a stand-alone agency and 
amended 7 CFR part 2 to include new delegations of authority from the 
Under Secretary for Marketing and Regulatory Programs to the AMS 
Administrator. Amended Sec.  2.79 authorizes the AMS Administrator to 
administer the United States Grain Standards Act, as amended (7 U.S.C. 
71-87h); the Packers and Stockyards Act, 1921 (P&S), as amended and 
supplemented (7 U.S.C. 181 et seq.); and the United States Warehouse 
Act (USWA), as amended (7 U.S.C. 241-273). The reorganization and 
redelegation of authority necessitate the transfer of corresponding 
regulations to AMS, giving the AMS Administrator authority to issue, 
maintain, and revise regulations pertaining to USWA programs, the 
Federal Grain Inspection Service (FGIS), and P&S programs. This final 
rule completes the necessary transfer.

Overview of Changes

    Currently, Title 7, Chapter VII, part 735 of the Code of Federal 
Regulations (CFR) contains the USWA regulations, under FSA 
administration. This final rule transfers the USWA regulations in part 
735 to Chapter VIII of Title 7 and redesignates them as part 869. 
Currently Chapter VIII is titled ``Grain Inspection, Packers and 
Stockyards Administration (Federal Grain Inspection Service), 
Department of Agriculture.'' This final rule revises the title of 
Chapter VIII to read ``Agricultural Marketing Service (Federal Grain 
Inspection Service, Fair Trade Practices Program), Department of 
Agriculture'' to reflect the elimination of GIPSA and the redelegation 
of administrative authority for FGIS and USWA activities to the AMS 
Administrator. The Deputy Administrator of AMS's Federal Grain 
Inspection Service oversees FGIS activities for the Administrator, and 
the Deputy Administrator of AMS's Fair Trade Practices Program (FTPP) 
oversees USWA activities for the Administrator.
    Currently, Title 9, Chapter II, of the CFR, titled ``Grain 
Inspection, Packers and Stockyards Administration (Packers and 
Stockyards Programs), Department of Agriculture'' contains the P&S 
regulations. This final rule revises the title of Chapter II to read 
``Agricultural Marketing Service (Fair Trade Practices Program), 
Department of Agriculture'' to reflect the elimination of GIPSA and the 
redelegation of administrative authority for P&S activities to the AMS 
Administrator. The Deputy Administrator of FTPP oversees P&S activities 
for the Administrator.
    This final rule makes corresponding revisions to certain 
definitions, references, addresses, and telephone numbers in 7 CFR 
parts 800, 868, and 869; and 9 CFR parts 201,202, 203, and 206 to 
reflect redelegation to the AMS Administrator of authority over former 
GIPSA and FSA programs. This rule replaces references to the Grain 
Inspection, Packers and Stockyards Administration, GIPSA, the Farm 
Service Agency, and FSA as appropriate with references to the 
Agricultural Marketing Service and AMS. This rule redefines the term 
Administrator in the

[[Page 45645]]

affected regulations to mean the AMS Administrator. This rule updates 
street, mailing, and website addresses to provide current addresses 
related to services now provided by AMS.
    This final rule revises redesignated 7 CFR part 869 by replacing 
references to FSA's Deputy Administrator, Commodity Operations or DACO 
with references to AMS's Warehouse and Commodity Management Division 
Director and AMS. This rule also revises cross references within part 
869 by replacing references to other sections in part 735 with 
references to the corresponding sections in redesignated part 869. 
Specifically, this rule revises such cross references in Sec. Sec.  
869.3, 869.6, 869.303, 869.401, 869.402, 869.403, and 869.404.
    This rule makes additional revisions to 9 CFR parts 201, 202, and 
203. In Sec.  201.2(f), the term Regional Director replaces the term 
Regional Supervisor and means a Regional Director of FTPP's Packers and 
Stockyards Division (PSD). This rule adds a new definition for Packers 
and Stockyards Division (PSD), which now administers the Packers and 
Stockyards programs on a day-to-day basis. In Sec.  201.108-1, 
references to PSD replace references to Packers and Stockyards 
Programs. In Sec. Sec.  202.103 and 202.112, references to PSD regional 
and headquarters offices replace references to area and headquarters 
offices of the Agency. Similarly, a reference to a PSD Regional Office 
replaces the reference to a GIPSA Regional Office in Sec.  
203.15(a)(6). This rule also revises several references to GIPSA in 9 
CFR part 206 by replacing them with references to AMS or PSD as 
appropriate.
    Currently, 9 CFR part 204 describes GIPSA organization and 
functions. Since GIPSA was eliminated and its functions redelegated to 
AMS, this section is no longer necessary. This final rule removes and 
reserves part 204.

Classification

    This final rule is administrative in nature and reflects changes in 
the agency's organization. Accordingly, pursuant to 5 U.S.C. 553, 
notice of proposed rulemaking and opportunity for comment are not 
required, and this rule may be made effective in fewer than 30 days 
after publication in the Federal Register. Therefore, this final rule 
is effective upon publication.
    Additionally, this rule is exempt from the provisions of Executive 
Orders 12866 and 13771. This action is not a rule as defined by the 
Regulatory Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq., and thus is 
exempt from the provisions of those Acts. This rule contains no 
information collection or recordkeeping requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act (5 U.S.C. 801 et seq.), provides 
exemptions for rules: ``of particular applicability''; ``relating to 
agency management or personnel''; or ``of agency organization, 
procedure, or practice that does not substantially affect the rights or 
obligations of non-agency parties.'' This rulemaking qualifies for this 
exemption.
    AMS is committed to complying with the E-Government Act to promote 
the use of the internet and other information technologies, to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this final rule.

List of Subjects

7 CFR Part 735

    Administrative practice and procedure, Beans, Cotton, Cottonseeds, 
Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety 
bonds, Tobacco, Warehouses, Textiles.

7 CFR Part 800

    Administrative practice and procedure, Conflict of interests, 
Exports, Freedom of information, Grains, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements.

7 CFR Part 868

    Administrative practice and procedure, Agricultural commodities, 
Reporting and recordkeeping requirements, Rice.

7 CFR Part 869

    Administrative practice and procedure, Beans, Cotton, Cottonseeds, 
Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety 
bonds, Tobacco, Warehouses, Textiles.

9 CFR Part 201

    Confidential business information, Reporting and recordkeeping 
requirements, Stockyards, Surety bonds, Trade practices.

9 CFR Part 202

    Administrative practice and procedure, Stockyards.

9 CFR Part 203

    Reporting and recordkeeping requirements, Stockyards.

9 CFR Part 204

    Freedom of information, Organization and functions (Government 
agencies)

9 CFR Part 205

    Archives and records, Intergovernmental relations, Reporting and 
recordkeeping requirements

9 CFR Part 206

    Government contracts, Reporting and recordkeeping requirements, 
Swine.

    For the reasons stated in the preamble, as authorized by the 
Secretary's Memorandum dated November 14, 2018, and under authority of 
5 U.S.C. 552 and 7 U.S.C. 71-87k, 181-229, 1621-1627, and 1631, the 
Department of Agriculture amends 7 CFR chapters VII and VIII and 9 CFR 
chapter II as follows:

Title 7--Agriculture

PART 735 [TRANSFERRED TO CHAPTER VIII AND REDESIGNATED AS PART 869]

0
1. The authority citation for part 735 continues to read as follows:

    Authority:  7 U.S.C. 241 et seq.


0
2. Transfer part 735 into 7 CFR chapter VIII and redesignate it as part 
869.

Subchapter C [Reserved]

0
3. Subchapter C, consisting of parts 735 and 743, is removed and 
reserved.

Chapter VIII--Agricultural Marketing Service (Federal Grain Inspection 
Service, Fair Trade Practices Program), Department of Agriculture

0
4. Revise the heading of 7 CFR chapter VIII to read as set forth above.

PARTS 800 THROUGH 868 [DESIGNATED AS SUBCHAPTER A]

0
5. Designate parts 800 through 868 as subchapter A under the following 
heading:

Subchapter A--Federal Grain Inspection

0
6. An authority citation for subchapter A is added to read as follows:

    Authority:  7 U.S.C. 71-87K, 1621-1627.

Subchapter A [Amended]

0
7. In newly designated subchapter A, wherever it occurs:
0
a. Remove the words ``Grain Inspection, Packers and Stockyards

[[Page 45646]]

Administration'' and add in their place ``Agricultural Marketing 
Service''; and
0
b. Remove the term ``GIPSA'' and add in its place ``AMS''.

PART 800--GENERAL REGULATIONS

0
8. The authority citation for part 800 continues to read:

    Authority:  7 U.S.C. 71-87k.


0
9. Revise Sec.  800.7 to read as follows:


Sec.  800.7   Information about the Service, Act, and regulations.

    Information about the Agricultural Marketing Service, Service, Act, 
regulations, official standards, official criteria, rules of practice, 
instructions, and other matters related to the official inspection or 
Class X or Class Y weighing of grain may be obtained by telephoning or 
writing the Service at its headquarters or any one of its field offices 
at the numbers and addresses listed on the Service's website.

0
10. Amend Sec.  800.8 by revising paragraphs (d) and (e) to read as 
follows:


Sec.  800.8   Public information.

* * * * *
    (d) Requests for records. Requests for records under 5 U.S.C. 
552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be 
addressed as follows: AMS FOIA Officer, Agricultural Marketing Service, 
FOIA Request, 1400 Independence Avenue SW, Room 2095-S, Stop 0203, 
Washington, DC 20250-0203.
    (e) Appeals. Any person whose request under paragraph (d) of this 
section is denied shall have the right to appeal such denial in 
accordance with 7 CFR 1.13. Appeals shall be addressed to the 
Administrator, Agricultural Marketing Service, FOIA Appeal, 1400 
Independence Avenue SW, Room 3071-S, Stop 0201, Washington, DC 20250-
0201.
* * * * *

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN 
AGRICULTURAL COMMODITIES

0
11. The authority citation for part 868 continues to read:

    Authority:  7 U.S.C. 1621-1627.


0
12. Amend Sec.  868.91 by revising note 2 to table 2 to read as 
follows:


Sec.  868.91   Fees for certain Federal rice inspection services.

* * * * *

Table 2--Unit Rates Service \1\

* * * * *
    \1\ Fees apply to determinations (original or appeals) for kind, 
class, grade, factor analysis, equal to type, milling yield, or any 
other quality designation as defined in the U.S. Standards for Rice or 
applicable instructions, whether performed singly or in combination at 
other than at the applicant's facility.
    \2\ Interpretive line samples may be purchased from the U.S. 
Department of Agriculture, AMS, FGIS, National Grain Center, 10383 
North Ambassador Drive, Kansas City, Missouri 64153-1394. Interpretive 
line samples also are available for examination at selected FGIS field 
offices. A list of field offices may be obtained from the AMS website 
at (https://www.ams.usda.gov). The interpretive line samples illustrate 
the lower limit for milling degrees only and the color limit for the 
factor ``Parboiled Light'' rice.
* * * * *

Subchapter B--Regulations for Warehouses

0
13. Add a heading for subchapter B, consisting of newly transferred and 
redesignated part 869, to read as set forth above.

PART 869--REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT

0
14. The authority citation for newly transferred and redesignated part 
869 continues to read as follows:

    Authority:  7 U.S.C. 241 et seq.


0
15. In newly transferred and redesignated part 869, wherever it occurs:
0
a. Remove the words ``Farm Service Agency'' and add in their place 
``Agricultural Marketing Service'';
0
b. Remove the term ``FSA'' and add in its place ``AMS''; and
0
c. Remove the term ``DACO'' and add in its place ``AMS''.

0
16. In newly transferred and redesignated Sec.  869.2, revise 
paragraphs (a) and (d)(2) to read as follows:


Sec.  869.2   Administration.

    (a) AMS will administer all provisions and activities regulated 
under the Act under the general direction and supervision of AMS's 
Director, Warehouse and Commodity Management Division, or a designee.
* * * * *
    (d) * * *
    (2) The following address: Director, Warehouse and Commodity 
Management Division, Fair Trade Practices Program, AMS, USDA, Stop 
3601, 1400 Independence Avenue SW, Washington, DC 20250-3601.


Sec.  869.3   [Amended]

0
17. In newly transferred and redesignated Sec.  869.3, amend the 
definition of ``Service license'' by removing the reference to ``Sec.  
735.202'' and adding in its place ``Sec.  868.202''.

0
18. In newly transferred and redesignated Sec.  869.4, revise 
paragraphs (c)(1) and (2) to read as follows:


Sec.  869.4   Fees.

* * * * *
    (c) * * *
    (1) Will be available at AMS's website, or
    (2) May be requested at the following address: Director, Warehouse 
and Commodity Management Division, Fair Trade Practices Program, AMS, 
USDA, Stop 3601, 1400 Independence Avenue SW, Washington, DC 20250-
3601.
* * * * *


Sec.  869.5   [Amended]

0
18. In newly transferred and redesignated Sec.  869.5, in the 
introductory text, remove the reference to ``Sec.  735.8'' and add in 
its place ``Sec.  869.8''.


Sec.  869.6   [Amended]

0
20. In newly transferred and redesignated Sec.  869.6, in paragraph 
(a), remove the reference to ``Sec.  735.8'' and add in its place 
``Sec.  869.8''.

0
21. In newly transferred and redesignated Sec.  869.8 revise paragraph 
(a) to read as follows:


Sec.  869.8   Appeals.

    (a) Any person who is subject to an adverse determination made 
under the Act may appeal the determination by filing a written request 
with AMS at the following address: Director, Warehouse and Commodity 
Management Division, Fair Trade Practices Program, AMS, USDA, Stop 
3601, 1400 Independence Avenue SW, Washington, DC 20250-3601.
* * * * *


Sec.  869.303   [Amended]

0
22. In newly transferred and redesignated Sec.  869.303, in paragraph 
(a)(2), remove the reference to ``Sec.  735.2(b)'' and add in its place 
``Sec.  869.2(b)''.


Sec.  869.401   [Amended]

0
23. Amend newly transferred and redesignated Sec.  869.401:
0
a. In paragraph (a)(2), by removing the reference to ``Sec.  735.14'' 
and adding in its place ``Sec.  869.14''; and
0
b. In paragraph (c)(1), by removing ``Sec. Sec.  735.6 and 735.8'' and 
adding in its place ``Sec. Sec.  869.6 and 869.8''.

[[Page 45647]]

Sec.  869.402   [Amended]

0
24. Amend newly transferred and redesignated Sec.  869.402:
0
a. In paragraph (a)(2), by removing the reference to ``Sec.  735.14'' 
and adding in its place ``Sec.  869.14''; and
0
b. In paragraph (c)(1), by removing ``Sec. Sec.  735.6 and 735.8'' and 
adding in its place ``Sec. Sec.  869.6 and 869.8''.


Sec.  869.403   [Amended]

0
25. In newly transferred and redesignated Sec.  869.403, in paragraph 
(a), remove ``Sec. Sec.  735.401 and 735.402'' and add in its place 
``Sec. Sec.  869.401 and 869.402''.


Sec.  869.404   [Amended]

0
26. In newly transferred and redesignated Sec.  869.404, in paragraph 
(a), remove ``Sec. Sec.  735.401 or 735.402'' and add in its place 
``Sec.  869.401 or Sec.  869.402''.

Title 9--Animals and Animal Products

CHAPTER II--AGRICULTURAL MARKETING SERVICE (FAIR TRADE PRACTICES 
PROGRAM), DEPARTMENT OF AGRICULTURE

0
27. Revise the heading of 9 CFR chapter II to read as set forth above.

PART 201--REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT

0
28. The authority citation for part 201 continues to read as follows:

    Authority:  7 U.S.C. 181-229c.


0
29. Amend Sec.  201.2 by revising the introductory text and paragraph 
(f) and adding paragraph (l) to read as follows:


Sec.  201.2   Terms defined.

    The definitions of terms contained in the Act shall apply to such 
terms when used in the Regulations under the Packers and Stockyards 
Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the 
Packers and Stockyards Act, 9 CFR part 202; and Statements of General 
Policy under the Packers and Stockyards Act, 9 CFR part 203. In 
addition, the following terms used in these parts shall be construed to 
mean:
* * * * *
    (f) Regional director means the regional director of the Packers 
and Stockyards Division (PSD) for a given region or any person 
authorized to act for the regional director.
* * * * *
    (l) Packers and Stockyards Division (PSD) means the Packers and 
Stockyards Division of the Fair Trade Practices Program (FTPP), 
Agricultural Marketing Service.
* * * * *


Sec.  201.34   [Amended]

0
30. Amend Sec.  201.34:
0
a. In paragraphs (a) and (b), by removing the words ``Grain Inspection, 
Packers and Stockyards Administration (Packers and Stockyards 
Programs)'' and adding in their place the words ``Agricultural 
Marketing Service (AMS)''; and
0
b. In paragraph (c), by removing the words ``Grain Inspection, Packers 
and Stockyards Administration'' and adding in their place the words 
``Agricultural Marketing Service''.

0
31. Amend Sec.  201.71 by revising the sixth sentence of paragraph (a) 
to read as follows:


Sec.  201.71   Scales and or Electronic Evaluation Devices or Systems; 
accurate weights and measures, repairs, adjustments or replacements 
after inspection.

    (a) * * * All approved material is available for inspection at 
USDA, AMS, Packers and Stockyards Division, 1400 Independence Avenue 
SW, Washington, DC 20250, telephone 202-720-7051, and is for sale by 
the National Conference of Weights and Measures (NCWM), 1135 M Street, 
Suite 110, Lincoln, Nebraska, 68508. * * *
* * * * *


Sec.  201.108-1   [Amended]

0
32. Amend Sec.  201.180-1, in the introductory text, by removing both 
instances of the words ``Packers and Stockyards Programs'' and adding 
in their place ``Packers and Stockyards Division''.

PART 202--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS 
AND STOCKYARDS ACT

0
33. The authority citation for part 202 continues to read:

    Authority:  7 U.S.C. 228(a); 7 CFR 2.22 and 2.81.


Sec.  202.2   [Amended]

0
34. In Sec.  202.2, amend paragraph (b) by removing the words ``Grain 
Inspection, Packers and Stockyards Administration (Packers and 
Stockyards Programs) (GIPSA) and adding in their place the words 
``Agricultural Marketing Service (AMS)''.


Sec.  202.102   [Amended]

0
35. In Sec.  202.102, revise the definitions for ``Agency'' and 
``Agency head'' by removing the words ``Grain Inspection, Packers and 
Stockyards Administration (Packers and Stockyards Programs) (GIPSA) and 
adding in their place the words ``Agricultural Marketing Service 
(AMS)''.

0
36. Amend Sec.  202.103 by revising paragraphs (d) and (e) to read as 
follows:


Sec.  202.103   Rule 3: Beginning a reparation proceeding.

* * * * *
    (d) Where to file. The complaint should be transmitted or delivered 
to any regional office of the Packers and Stockyards Division (PSD), or 
to the PSD headquarters in Washington, DC, or delivered to any full 
time PSD employee.
    (e) Time for filing. The complaint must be received by the 
Department within 90 days after accrual of the cause of action alleged 
in it. If a complaint is transmitted or delivered to an office of the 
Department, it shall be deemed to be received by the Department when it 
reaches such office. If a complaint is delivered to a full-time PSD 
employee, it shall be deemed to be received by the Department when it 
is received by such employee.
* * * * *

0
37. Amend Sec.  202.112 by revising the first and last sentences of 
paragraph (j) and by revising paragraph (k) to read as follows:


Sec.  202.112   Rule 12: Oral hearing.

* * * * *
    (j) Filing, and presiding officer's certificate, of the transcript 
or recording. As soon as practicable after the close of the oral 
hearing, the reporter shall transmit to the presiding officer the 
original transcript or recording of the testimony, and as many copies 
of the transcript or recording as may be required by paragraph (i) of 
this section for the PSD regional offices and as may be required for 
the PSD headquarters office in Washington. * * * The presiding officer 
shall send the copies of the transcript or recording to the hearing 
clerk who shall send them to PSD headquarters.
    (k) Keeping of copies of the transcript or recording. During the 
period in which the proceeding has an active status in the Department, 
a copy of the transcript or recording shall be kept at the PSD regional 
office most convenient to the respondent; however, if there are two or 
more respondents and they are located in different regions, such copy 
of the transcript or recording shall be kept at the PSD regional office 
nearest to the place where the hearing was held. In addition, a copy of 
the transcript or recording shall be kept at the PSD regional office 
most convenient to the

[[Page 45648]]

complainant. Any such copy shall be available for examination during 
official hours of business at the regional office, but shall remain the 
property of the Department and shall not be removed from such office.

PART 203--STATEMENTS OF GENERAL POLICY UNDER THE PACKERS AND 
STOCKYARDS ACT

0
38. The authority citation for part 203 continues to read:

    Authority:  7 CFR 2.22 and 2.81.

0
39. Amend Sec.  203.4 by revising paragraph (a) to read as follows:


Sec.  203.4   Statement with respect to the disposition of records by 
packers, live poultry dealers, stockyard owners, market agencies and 
dealers.

    (a) Records to be kept. Section 401 of the Packers and Stockyards 
Act (7 U.S.C. 221) provides, in part, that every packer, live poultry 
dealer, stockyard owner, market agency, and dealer shall keep such 
accounts, records, and memoranda as fully and correctly disclose all 
transactions involved in his business, including the true ownership of 
such business by stockholding or otherwise. In order to properly 
administer the P&S Act, it is necessary that records be retained for 
such periods of time as may be required to permit the Packers and 
Stockyards Division (PSD) a reasonable opportunity to examine such 
records. Section 401 of the Act does not, however, provide for the 
destruction or disposal of records. Therefore, the Department has 
formulated this policy statement to provide guidance as to the periods 
of time after which records may be disposed of or destroyed.
* * * * *


Sec.  203.5   [Amended]

0
40. Amend Sec.  203.5 by removing the words ``Grain Inspection, Packers 
and Stockyards Administration (Packers and Stockyards Programs)'' and 
adding in its place in the first two instances the word ``Department,'' 
and adding in its place in the third instance the term ``PSD''.


Sec.  203.7   [Amended]

0
41. Amend Sec.  203.7:
0
a. In the first sentence of paragraph (a), by removing the words 
``Grain Inspection, Packers and Stockyards Administration (Packers and 
Stockyards Programs)'' and adding in their place ``PSD'';
0
b. In the third sentence of paragraph (b)(2)(iii), by removing the 
words ``Grain Inspection, Packers and Stockyards Administration 
(Packers and Stockyards Programs)'' and adding in their place ``PSD'';
0
c. In the fourth sentence of paragraph (b)(2)(iii), by removing the 
words ``Grain Inspection, Packers and Stockyards Administration 
(Packers and Stockyards Programs)'' and adding in their place the words 
``PSD regional''; and
0
d. In the first sentence of paragraph (c), by removing the words 
``Grain Inspection, Packers and Stockyards Administration (Packers and 
Stockyards Programs)'' and adding in their place ``PSD''.


Sec.  203.12   [Amended]

0
42. Amend Sec.  203.12:
0
a. In paragraphs (a) through (c), by removing the sets of three 
asterisks and adding in their place three ellipsis points;
0
b. In paragraph (f), by removing the words ``Grain Inspection, Packers 
and Stockyards Administration (Packers and Stockyards Programs)'' and 
adding in their place ``Department''; and
0
c. In paragraph (g), by removing the words ``Grain Inspection, Packers 
and Stockyards Administration (Packers and Stockyards Programs)'' and 
adding in their place ``PSD''.


Sec.  203.14   [Amended]

0
43. Amend Sec.  203.114 in the note following paragraph 1 by removing 
the words ``Grain Inspection, Packers and Stockyards Administration 
(Packers and Stockyards Programs)'' and adding in their place ``PSD''.

0
44. Amend Sec.  203.15 by revising paragraph (a)(6) to read as follows:


Sec.  203.15   Trust benefits under sections 206 and 207 of the Act.

    (a) * * *
    (6) Amount of money due; and to make certain that a copy of such 
letter, mailgram, or telegram is filed with a PSD regional office or 
with the PSD headquarters office within the prescribed time.
* * * * *


Sec.  203.16   [Amended]

0
45. Amend Sec.  203.16, in paragraphs (a) introductory text and (b), by 
removing the words ``Grain Inspection, Packers and Stockyards 
Administration (Packers and Stockyards Programs)'' and adding in their 
place ``Department''.


Sec.  203.17   [Amended]

0
46. Amend Sec.  203.17, in paragraphs (a), (b), and (d), by removing 
the words ``Grain Inspection, Packers and Stockyards Administration 
(Packers and Stockyards Programs)'' and adding in their place ``PSD''.

0
47. Amend Sec.  203.18 by revising paragraphs (a) and (d) to read as 
follows:


Sec.  203.18   Statement with respect to packers engaging in the 
business of custom feeding livestock.

    (a) In its administration of the Packers and Stockyards Act, the 
Department has sought to promote and maintain open and fair competition 
in the livestock and packing industries, and to prevent unfair or 
anticompetitive practices when they are found to exist. It is the 
opinion of the Department that the ownership or operation of custom 
feedlots by packers presents problems which may under some 
circumstances result in violations of the Packers and Stockyards Act.
* * * * *
    (d) The Department does not consider the existence of packer/custom 
feedlot relationships, by itself, to constitute a violation of the Act. 
In the event it appears that a packer/custom feedlot arrangement gives 
rise to a violation of the Act, an investigation will be made on a 
case-by-case basis, and, where warranted, appropriate action will be 
taken.
* * * * *


Sec.  203.19   [Amended]

0
48. Amend Sec.  203.19:
0
a. In paragraph (a), by removing the words ``Grain Inspection, Packers 
and Stockyards Administration (Packers and Stockyards Programs)'' and 
adding in their place ``Department''; and
0
b. In paragraph (c)(2), by indenting the paragraph, capitalizing the 
word ``operations'', and removing the words ``Grain Inspection, Packers 
and Stockyards Administration (Packers and Stockyards Programs)'' and 
adding in their place ``PSD''.

PART 204--[REMOVED AND RESERVED]

0
49. Under the authority of 5 U.S.C. 552, remove and reserve part 204, 
consisting of Sec. Sec.  204.1 through 204.7.

PART 205--CLEAR TITLE--PROTECTION FOR PURCHASERS OF FARM ANIMALS

0
50. The authority citation for part 205 continues to read:

    Authority:  7 U.S.C. 1631; 7 CFR 2.22 and 2.81.

0
51. Amend Sec.  205.101 by revising paragraph (c) to read as follows:


Sec.  205.101   Certification--request and processing.

* * * * *
    (c) Any such request and attachments must be filed in triplicate 
(one copy for

[[Page 45649]]

public inspection, as second copy for use in AMS, and a third copy for 
use in the Office of the General Counsel, USDA). All three copies must 
be received in the headquarters of the Packers and Stockyards Division, 
Agricultural Marketing Service (AMS), USDA, Washington, DC 20250.
* * * * *

PART 206--SWINE CONTRACT LIBRARY

0
52. The authority citation for part 206 continues to read:

    Authority:  7 U.S.C. 198-198b; 7 U.S.C. 222.

0
53. In part 206, wherever it occurs:
0
a. Remove the term ``GIPSA'' and add in its place ``PSD'';
0
b. Remove the words ``GIPSA website (http://gipsa.usda.gov)'' and add 
in their place ``AMS website (https://ams.usda.gov)''; and
0
c. Remove the term ``USDA GIPSA,'' and add in its place ``USDA, AMS, 
PSD''.


Sec.  206.2   [Amended]

0
54. Amend Sec.  206.2, in paragraph (b), by removing the words ``Grain 
Inspection, Packers and Stockyards Administration (GIPSA)'' and adding 
in their place ``Packers and Stockyards Division (PSD)''.

    Dated: August 20, 2019.
Greg Ibach,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 2019-18201 Filed 8-29-19; 8:45 am]
 BILLING CODE 3410-02-P