Reorganization and Transfer of Regulations, 45644-45649 [2019-18201]
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Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations
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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
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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
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:
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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
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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]
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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
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Reporting and recordkeeping
requirements, Stockyards.
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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:
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■
§ 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
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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.
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[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’’.
■
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§ 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:
■
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§ 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
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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,
■
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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
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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
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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
(https://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
https://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 https://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 https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://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 https://rgl.faa.gov/Regulatory_and_Guidance_
Library/rgMakeModel.nsf/0/B777E11E03DD396
C862583AE006215E4?OpenDocument.
E:\FR\FM\30AUR1.SGM
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 (https://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
