[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Rules and Regulations]
[Pages 23892-23893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09655]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201


Scales; Accurate Weights, Repairs, Adjustments or Replacements 
After Inspection

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Direct final rule.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) Packers and Stockyards Program (PSP) is incorporating by 
reference ``2013 edition of the NIST Handbook 44'' and to require that 
the scales used by stockyard owner, market agencies, dealers, packers, 
and live poultry dealers to weigh livestock, livestock carcasses, live 
poultry, or feed for the purpose of purchase, sales acquisitions, 
payment, or settlement meet applicable requirements of the 2013 edition 
of the NIST Handbook 44.

DATES: This rule is effective June 30, 2014. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Federal Register as of June 30, 2014. Comments are due 
May 29, 2014. If adverse comments are received, GIPSA will publish a 
timely withdrawal of the rule in the Federal Register.

ADDRESSES: We invite you to submit comments on this direct final rule 
by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send hardcopy written comments to Irene Omade, 
GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 
20250.
     Hand Delivery or Courier: Deliver comments to Irene Omade, 
GIPSA, USDA, 1400 Independence Avenue SW., Room 2530-S, Washington, DC 
20250.
     Fax: Send comments by facsimile transmission to: (202) 
690-2173.
    Instructions: All comments will become a matter of public record 
and should be identified as ``NIST Handbook 44 IBF Comments,'' making 
reference to the date and page number of this issue of the Federal 
Register. Comments will be available for public inspection at http://www.regulations.gov and in the above office during regular business 
hours (7 CFR 1.27(b)). Please contact the GIPSA Management and Budget 
Services at (202) 720-8479 to make an appointment to read the comments 
received.

FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and 
Litigation Division by Email at s.brett.offutt@usda.gov, or by 
telephone at (202) 720-7363.

SUPPLEMENTARY INFORMATION:

Background

    The Grain Inspection, Packers and Stockyards Administration (GIPSA) 
enforces the Packers and Stockyards Act (P&S Act) and those regulations 
necessary to carry out provisions of the P&S Act. The regulated 
entities are stockyard owners, swine contractors, market agencies, 
dealers, packers, and live poultry dealers. GIPSA issued regulations 
covering devices that regulated entities use for weighing and grading 
livestock and poultry. The purpose for these regulations is to ensure 
fairness and accuracy in the determination of prices the regulated 
entities pay for livestock and poultry.
    Title 9, CFR 201.71(a) incorporates by reference the National 
Institute of Standards and Technology (NIST) Handbook 44 to regulate 
devices used by regulated entities to weigh or grade livestock or 
poultry. Currently, 9 CFR 201.71(a) incorporates by reference the 2009 
edition of NIST Handbook 44, ``Specifications, Tolerances, and Other 
Technical Requirements for Weighing and Measuring Devices.'' The 2009 
edition included the ``tentative'' status of code to regulate the 
weighing and measuring devices used by regulated entities. In July 
2012, the National Conference on Weights and Measures took action to 
change the ``tentative'' code to ``permanent''. Since the ``tentative'' 
code has become ``permanent'' in the 2013 edition of Handbook 44, 
effective January 1, 2013, GIPSA is amending 9 CFR 201.71(a) to 
incorporate by reference the 2013 edition of Handbook 44.

Direct Final Action

    Pursuant to 5 U.S.C 553, it is found and determined upon good cause 
that it is impracticable, unnecessary, and contrary to public interest 
to give preliminary notice prior to putting this direct final rule in 
effect because GIPSA regularly updates this section of the P&S Act 
regulations to incorporate by reference NIST Handbook 44. Further, 
GIPSA views this action as noncontroversial and anticipates no adverse 
public comment. This rule will be effective, as published in this 
document, 30 days after the date of publication in the Federal 
Register, unless GIPSA receives written adverse comments or written 
notice of intent to submit adverse comments within 30 days of the date 
of publication of this rule in the Federal Register. Adverse comments 
are considered to be those comments that suggest the rule should not be 
adopted or suggest the rule should be changed.
    If GIPSA receives written adverse comments or written notice of 
intent to submit adverse comments, we will publish a notice in the 
Federal Register withdrawing this rule before the effective date. GIPSA 
will then publish a proposed rule for public comment. Following the 
close of that comment period, the comments will be considered 
thoughtfully, and a final rule addressing the comments will be 
published.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601-612), GIPSA has determined that this rule 
will not have a significant economic impact on a substantial number of 
small entities. GIPSA has determined that most regulated entities are 
complying with the current 2013 edition of Handbook 44 since State 
weights and measures departments already impose the standards. Since 
regulated entities are required under States law to comply with NIST 
Handbook 44, there are no new costs or burden to comply with those 
standards.

Executive Order 12988

    This direct final rule has been reviewed under Executive Order 
12988, Civil Justice Reform. These actions are not intended to have 
retroactive effect. This direct final rule would not preempt any State 
or local laws, or regulations,

[[Page 23893]]

or policies unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this direct final 
rule.

Paperwork Reduction Act

    This rule does not contain new or amended information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). It does not involve collection of new or additional 
information by the federal government.

E-Government Act Compliance

    GIPSA 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.

List of Subjects in 7 CFR Part 201

    Swine, Hogs, Incorporation by reference, Livestock, Measurement 
standards.

    For reasons set forth in the preamble, 9 CFR part 201 is amended as 
follows:

PART 201--REGULATIONS UNDER 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.  201.71, paragraph (a) is revised to read as follows:


Sec.  201.71  Scales; accurate weights, repairs, adjustments or 
replacements after inspection.

    (a) All scales used by stockyard owners, swine contractors, market 
agencies, dealers, packers, and live poultry dealers to weigh 
livestock, livestock carcasses, live poultry, or feed for the purpose 
of purchase, sale acquisition, payment, or settlement shall be 
installed, maintained, and operated to ensure accurate weights. Such 
scales shall meet applicable requirements contained in section 5.59, 
Electronic Livestock, Meat, and Poultry Evaluation Systems and/or 
Devices, pages 5-85 and 5-86 of the ``U.S. Department of Commerce, 
National Institute of Standards and Technology, Specifications, 
Tolerances, and other Technical Requirements for Weighing and Measuring 
Devices (NIST Handbook 44), 2013 edition'' which is hereby incorporated 
by reference. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. These materials are incorporated as they exist on the 
date of approval and a notice of any change in these materials will be 
published in the Federal Register. All approved material is available 
for inspection at USDA, GIPSA, P&SP, 1400 Independence Ave. SW., 
Washington, DC 20250, 202-720-7363 and is for sale by the National 
Conference of Weights and Measures (NCWM), 1135 M Street, Suite 110, 
Lincoln, Nebraska, 68508. Information on this material may be obtained 
from NCWM by calling 402-434-4880, by emailing nfo@ncwm.net, or on the 
Internet at http://www.nist.gov/owm. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For more information on the availability of this material at NARA, call 
202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2014-09655 Filed 4-28-14; 8:45 am]
BILLING CODE 3410-KD-P