Nomenclature Change; Technical Amendment, 62695-62696 [2023-18350]
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62695
Rules and Regulations
Federal Register
Vol. 88, No. 176
Wednesday, September 13, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
9 CFR Parts 201, 202, and 206
[Doc. No. AMS–LRRS–23–0014]
Nomenclature Change; Technical
Amendment
AGENCY:
Agricultural Marketing Service,
USDA.
Final rule; technical
amendment.
ACTION:
This rule updates obsolete
nomenclature in the regulations under
the Packers and Stockyards Act, 1921
(Act). Obsolete references to the Grain
Inspection, Packers and Stockyards
Administration (GIPSA) are changed to
the Agricultural Marketing Service
(AMS) of the U.S. Department of
Agriculture (USDA). References to
Packers and Stockyards Programs,
Packers and Stockyards Administration,
and other obsolete terms are likewise
changed to reflect the USDA’s, AMS’s,
and the Packers and Stockyards
Division’s current organizational
structure. Administration of Packers and
Stockyards (P&S) activities under the
Act was transferred to AMS in 2017.
DATES: Effective September 13, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel L. May, Regulatory Analyst,
Agricultural Marketing Service, USDA;
telephone: (202) 384–2975 or email:
Laurel.May@usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule makes technical amendments to
regulations in the Code of Federal
Regulations (CFR). Parts 201, 202, and
206 of Title 9 of the CFR contains
regulations that effectuate the Act (7
U.S.C. 181 et seq.). Several references in
parts 201 and 206 reflect administration
of P&S activities under GIPSA prior to
a USDA reorganization in 2017, at
which time those activities were
transferred to AMS. See 83 FR 61309;
November 29, 2018.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:58 Sep 12, 2023
Jkt 259001
AMS published a final rule on August
30, 2019 (84 FR 45644), to update the
regulations to reflect the transfer to
AMS. However, some of the necessary
changes to the regulations were
inadvertently omitted. For example, the
term Administration or agency at 7 CFR
201.2(d) is currently defined as the
Grain Inspection, Packers and
Stockyards Administration (Packers and
Stockyards Programs). This rule revises
the definition of Administration or
Agency in § 201.2(d) to mean the
Agricultural Marketing Service.
This rule makes similar changes to
nomenclature in the regulations to
reflect AMS organizational structure.
P&S activities are currently conducted
by the Packers and Stockyards Division
(PSD) of AMS’s Fair Trade Practices
Program. PSD regional offices are
managed by Regional Directors. Thus,
technical amendments to the regulations
in this final rule reference AMS, PSD,
and Regional Directors. As well,
references to forms used in P&S
activities are updated to reflect current
form numbers assigned by the Office of
Management and Budget (OMB). For
example, the monthly swine packer
report required in § 206.3(c) is currently
identified as Form P&SP 341. This rule
revises § 206.3(c) to show the report’s
OMB reassignment as Form PSD 341.
Additionally, this rule corrects a
typographical error in § 201.42(g),
which provides that savings accounts
for shippers’ proceeds must be properly
designated as a part—not ‘‘party’’—of
the custodial account of a market agency
in its fiduciary capacity as trustee of
trust funds.
This rule falls within a category of
regulatory actions that OMB exempted
from Executive Order 12866 review.
This final rule is limited to making
nomenclature changes in conformance
with USDA organizational structure.
Thus, AMS has determined that this
rule is not subject to the notice and
comment requirements of the
Administrative Procedure Act (APA) (5
U.S.C. 553). Additionally, AMS has
determined that there is good cause for
making this technical amendment final
without prior proposal and opportunity
for comment because the revisions are
not substantive and will have no impact
on the regulatory requirements in the
affected parts. AMS has determined that
public comment on such administrative
changes is unnecessary and that there is
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
good cause under the APA for
proceeding with a final rule.
Further, because a notice of proposed
rulemaking and opportunity for public
comment are not required to be given
for this rule under the APA or any other
law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. Accordingly,
this rule is issued in final form.
In addition, there is good cause to
make this rule effective in fewer than 30
days after publication in the Federal
Register because the revisions are
administrative in nature. Therefore, this
final rule is effective upon publication.
List of Subjects
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 206
Government contracts, Reporting and
recordkeeping requirements, Swine.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 9 CFR parts 201, 202,
and 203 as follows:
PART 201—ADMINISTERING THE
PACKERS AND STOCKYARDS ACT
1. The authority citation for part 201
continues to read as follows:
■
Authority: 7 U.S.C. 181—229c.
2. In § 201.2, revise paragraphs (d) and
(f) to read as follows:
■
§ 201.2
Terms defined.
*
*
*
*
*
(d) Administration or agency means
the Agricultural Marketing Service.
*
*
*
*
*
(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.
*
*
*
*
*
§ 201.17
[Amended]
3. In § 201.17 (a), remove the text
‘‘regional supervisor’’ and add in its
place the text ‘‘Regional Director’’
wherever it appears.
■
E:\FR\FM\13SER1.SGM
13SER1
62696
§ 201.28
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Rules and Regulations
[Amended]
§ 206.3
4. In § 201.28:
a. In the section heading, remove the
text ‘‘Regional Supervisors’’ and add in
their place the text ‘‘Regional
Directors’’; and
■ b. In the introductory paragraph,
remove in both instances the text
‘‘Regional Supervisor’’ and add in their
places the text ‘‘Regional Director’’.
■
■
§ 201.42
[Amended]
[FR Doc. 2023–18350 Filed 9–12–23; 8:45 am]
BILLING CODE 3410–02–P
U.S. Customs and Border Protection
[Amended]
DEPARTMENT OF THE TREASURY
6. In § 201.72(b), remove the term
‘‘P&SP’’ and add in its place the term
‘‘PSD’’.
19 CFR Part 12
§ 201.73–1
RIN 1515–AE80
■
[CBP Dec. 23–10]
[Amended]
7. In § 201.73–1 introductory
paragraph:
■ a. Remove the text ‘‘P&SA Form 215’’
and add in its place the text ‘‘Form PSD
4000’’; and
■ b. Remove in both instances the text
‘‘Packers and Stockyards Programs’’ and
add in their places the text ‘‘Packers and
Stockyards Division’’.
■
§ 201.108–1
[Amended]
8. In § 201.108–1 introductory
paragraph, remove in both instances the
text ‘‘Grain Inspection, Packers and
Stockyards Administration’’ and add in
their places the text ‘‘Agricultural
Marketing Service’’.
■
PART 202—RULES OF PRACTICE
GOVERNING PROCEEDINGS UNDER
THE PACKERS AND STOCKYARDS
ACT
9. The authority citation for part 202
continues to read as follows:
■
Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and
2.81.
§ 202.2
[Amended]
10. In § 202.2(b), remove the text
‘‘Grain Inspection,’’.
■
PART 206—SWINE CONTRACT
LIBRARY
11. The authority citation for part 206
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
DEPARTMENT OF HOMELAND
SECURITY
5. In § 201.42 (g), remove the word
‘‘party’’ and add in its place the word
‘‘part’’.
■
§ 201.72
[Amended]
13. In § 206.3(c), remove the text
‘‘Form P&SP 341’’ and add in its place
the text ‘‘Form PSD 341’’.
■
Authority: 7 U.S.C. 198–198b; 7 U.S.C.
222.
§ 206.2
[Amended]
12. In § 206.2(e), remove the text
‘‘Form P&SP 342’’ and add in its place
the text ‘‘Form PSD 342’’.
■
VerDate Sep<11>2014
15:58 Sep 12, 2023
Jkt 259001
Import Restrictions on Ethnological
Material of Peru
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations to reflect the addition
of several categories of ethnological
material of Peru to the existing import
restrictions and to clarify descriptions of
certain categories of archaeological and
ethnological material of Peru. The
United States has entered into an
agreement with Peru that supersedes the
prior agreement and amends the import
restrictions that became effective on
June 9, 2022. The restrictions, originally
imposed by Treasury Decision 97–50,
and recently extended by CBP Decision
22–11 for an additional five-year period,
will continue with the addition of these
categories of ethnological material
through June 9, 2027, and the CBP
regulations are being amended to reflect
these additions. The Designated List of
archaeological and ethnological material
of Peru to which the restrictions apply
is reproduced below.
DATES: Effective September 13, 2023.
FOR FURTHER INFORMATION CONTACT: For
legal aspects, W. Richmond Beevers,
Chief, Cargo Security, Carriers and
Restricted Merchandise Branch,
Regulations and Rulings, Office of
Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For
operational aspects, Julie L. Stoeber,
Chief, 1USG Branch, Trade Policy and
Programs, Office of Trade, (202) 945–
7064, 1USGBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Fmt 4700
Sfmt 4700
Background
The Convention on Cultural Property
Implementation Act (Pub. L. 97–446, 19
U.S.C. 2601 et seq.) (CPIA), which
implements the 1970 United Nations
Educational, Scientific and Cultural
Organization (UNESCO) Convention on
the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of
Ownership of Cultural Property (823
U.N.T.S. 231 (1972)) (Convention),
allows for the conclusion of an
agreement between the United States
and another party to the Convention to
impose import restrictions on eligible
archaeological and ethnological
materials. Under the CPIA and the
applicable U.S. Customs and Border
Protection (CBP) regulations, found in
§ 12.104 of title 19 of the Code of
Federal Regulations (19 CFR 12.104),
the restrictions are effective for no more
than five years beginning on the date on
which an agreement enters into force
with respect to the United States (19
U.S.C. 2602(b)). This period may be
extended for additional periods, each
extension not to exceed five years, if it
is determined that the factors justifying
the initial agreement still pertain and no
cause for suspension of the agreement
exists (19 U.S.C. 2602(e); 19 CFR
12.104g(a)).
In certain limited circumstances, the
CPIA authorizes the imposition of
restrictions on an emergency basis (19
U.S.C. 2603). The emergency
restrictions are effective for no more
than five years from the date of the State
Party’s request and may be extended for
three years where it is determined that
the emergency condition continues to
apply with respect to the covered
material (19 U.S.C. 2603(c)(3)). These
restrictions may also be continued
pursuant to an agreement concluded
within the meaning of the CPIA (19
U.S.C. 2603(c)(4)). Additionally, after
any agreement enters into force either
through an agreement or emergency
action, CBP will by regulation
promulgate (and when appropriate
revise) a list of the archaeological or
ethnological material of the State Party
covered by the agreement or by such
emergency action (19 U.S.C. 2604).
On May 7, 1990, the former United
States Customs Service published
Treasury Decision (T.D.) 90–37
amending 19 CFR 12.104g(b) to reflect
the imposition of emergency restrictions
on the importation of archaeological
materials from the Sipa´n Archaeological
Regions, forming part of the remains of
the Moche culture. Subsequently, on
June 27, 1994, the former United States
Customs Service published T.D. 94–54,
amending 19 CFR 12.104g(b) to reflect
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Rules and Regulations]
[Pages 62695-62696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18350]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 /
Rules and Regulations
[[Page 62695]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
9 CFR Parts 201, 202, and 206
[Doc. No. AMS-LRRS-23-0014]
Nomenclature Change; Technical Amendment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This rule updates obsolete nomenclature in the regulations
under the Packers and Stockyards Act, 1921 (Act). Obsolete references
to the Grain Inspection, Packers and Stockyards Administration (GIPSA)
are changed to the Agricultural Marketing Service (AMS) of the U.S.
Department of Agriculture (USDA). References to Packers and Stockyards
Programs, Packers and Stockyards Administration, and other obsolete
terms are likewise changed to reflect the USDA's, AMS's, and the
Packers and Stockyards Division's current organizational structure.
Administration of Packers and Stockyards (P&S) activities under the Act
was transferred to AMS in 2017.
DATES: Effective September 13, 2023.
FOR FURTHER INFORMATION CONTACT: Laurel L. May, Regulatory Analyst,
Agricultural Marketing Service, USDA; telephone: (202) 384-2975 or
email: [email protected].
SUPPLEMENTARY INFORMATION: This final rule makes technical amendments
to regulations in the Code of Federal Regulations (CFR). Parts 201,
202, and 206 of Title 9 of the CFR contains regulations that effectuate
the Act (7 U.S.C. 181 et seq.). Several references in parts 201 and 206
reflect administration of P&S activities under GIPSA prior to a USDA
reorganization in 2017, at which time those activities were transferred
to AMS. See 83 FR 61309; November 29, 2018.
AMS published a final rule on August 30, 2019 (84 FR 45644), to
update the regulations to reflect the transfer to AMS. However, some of
the necessary changes to the regulations were inadvertently omitted.
For example, the term Administration or agency at 7 CFR 201.2(d) is
currently defined as the Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs). This rule revises the
definition of Administration or Agency in Sec. 201.2(d) to mean the
Agricultural Marketing Service.
This rule makes similar changes to nomenclature in the regulations
to reflect AMS organizational structure. P&S activities are currently
conducted by the Packers and Stockyards Division (PSD) of AMS's Fair
Trade Practices Program. PSD regional offices are managed by Regional
Directors. Thus, technical amendments to the regulations in this final
rule reference AMS, PSD, and Regional Directors. As well, references to
forms used in P&S activities are updated to reflect current form
numbers assigned by the Office of Management and Budget (OMB). For
example, the monthly swine packer report required in Sec. 206.3(c) is
currently identified as Form P&SP 341. This rule revises Sec. 206.3(c)
to show the report's OMB reassignment as Form PSD 341.
Additionally, this rule corrects a typographical error in Sec.
201.42(g), which provides that savings accounts for shippers' proceeds
must be properly designated as a part--not ``party''--of the custodial
account of a market agency in its fiduciary capacity as trustee of
trust funds.
This rule falls within a category of regulatory actions that OMB
exempted from Executive Order 12866 review.
This final rule is limited to making nomenclature changes in
conformance with USDA organizational structure. Thus, AMS has
determined that this rule is not subject to the notice and comment
requirements of the Administrative Procedure Act (APA) (5 U.S.C. 553).
Additionally, AMS has determined that there is good cause for making
this technical amendment final without prior proposal and opportunity
for comment because the revisions are not substantive and will have no
impact on the regulatory requirements in the affected parts. AMS has
determined that public comment on such administrative changes is
unnecessary and that there is good cause under the APA for proceeding
with a final rule.
Further, because a notice of proposed rulemaking and opportunity
for public comment are not required to be given for this rule under the
APA or any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
this rule is issued in final form.
In addition, there is good cause to make this rule effective in
fewer than 30 days after publication in the Federal Register because
the revisions are administrative in nature. Therefore, this final rule
is effective upon publication.
List of Subjects
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 206
Government contracts, Reporting and recordkeeping requirements,
Swine.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 9 CFR parts 201, 202, and 203 as follows:
PART 201--ADMINISTERING THE PACKERS AND STOCKYARDS ACT
0
1. The authority citation for part 201 continues to read as follows:
Authority: 7 U.S.C. 181--229c.
0
2. In Sec. 201.2, revise paragraphs (d) and (f) to read as follows:
Sec. 201.2 Terms defined.
* * * * *
(d) Administration or agency means the Agricultural Marketing
Service.
* * * * *
(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.
* * * * *
Sec. 201.17 [Amended]
0
3. In Sec. 201.17 (a), remove the text ``regional supervisor'' and add
in its place the text ``Regional Director'' wherever it appears.
[[Page 62696]]
Sec. 201.28 [Amended]
0
4. In Sec. 201.28:
0
a. In the section heading, remove the text ``Regional Supervisors'' and
add in their place the text ``Regional Directors''; and
0
b. In the introductory paragraph, remove in both instances the text
``Regional Supervisor'' and add in their places the text ``Regional
Director''.
Sec. 201.42 [Amended]
0
5. In Sec. 201.42 (g), remove the word ``party'' and add in its place
the word ``part''.
Sec. 201.72 [Amended]
0
6. In Sec. 201.72(b), remove the term ``P&SP'' and add in its place
the term ``PSD''.
Sec. 201.73-1 [Amended]
0
7. In Sec. 201.73-1 introductory paragraph:
0
a. Remove the text ``P&SA Form 215'' and add in its place the text
``Form PSD 4000''; and
0
b. Remove in both instances the text ``Packers and Stockyards
Programs'' and add in their places the text ``Packers and Stockyards
Division''.
Sec. 201.108-1 [Amended]
0
8. In Sec. 201.108-1 introductory paragraph, remove in both instances
the text ``Grain Inspection, Packers and Stockyards Administration''
and add in their places the text ``Agricultural Marketing Service''.
PART 202--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS
AND STOCKYARDS ACT
0
9. The authority citation for part 202 continues to read as follows:
Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 2.81.
Sec. 202.2 [Amended]
0
10. In Sec. 202.2(b), remove the text ``Grain Inspection,''.
PART 206--SWINE CONTRACT LIBRARY
0
11. The authority citation for part 206 continues to read as follows:
Authority: 7 U.S.C. 198-198b; 7 U.S.C. 222.
Sec. 206.2 [Amended]
0
12. In Sec. 206.2(e), remove the text ``Form P&SP 342'' and add in its
place the text ``Form PSD 342''.
Sec. 206.3 [Amended]
0
13. In Sec. 206.3(c), remove the text ``Form P&SP 341'' and add in its
place the text ``Form PSD 341''.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-18350 Filed 9-12-23; 8:45 am]
BILLING CODE 3410-02-P
