[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Page 9489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02496]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 /
Rules and Regulations
[[Page 9489]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
9 CFR Part 201
RIN 0580-AB25
Scope of Sections 202(a) and (b) of the Packers and Stockyards
Act
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Interim final rule; notice of delay of effective date and
extension of comment period.
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SUMMARY: Consistent with the memorandum of January 20, 2017, to the
heads of executive departments and agencies from the Assistant to the
President and Chief of Staff entitled ``Regulatory Freeze Pending
Review,'' the Department of Agriculture's Grain Inspection, Packers and
Stockyards Administration (GIPSA) is extending the public comment
period and delaying the effective date of the rule published on
December 20, 2016. This interim final rule adds a paragraph to Sec.
201.3 addressing the scope of sections 202(a) and (b) of the Packers
and Stockyards Act, 1921, as amended and supplemented (P&S Act) in
order to clarify that conduct or action may violate sections 202(a) and
(b) of the P&S Act without adversely affecting, or having a likelihood
of adversely affecting, competition. This rule was originally set to
take effect on February 21, 2017.
DATES: Effective February 7, 2017, the effective date of the interim
final rule amending 9 CFR part 201, published at 81 FR 92566, December
20, 2016 is delayed until April 22, 2017. Interested persons are
invited to submit written comments on this interim final rule on or
before March 24, 2017.
ADDRESSES: We invite you to submit comments on this interim final rule
by any of the following methods:
Mail: M. Irene Omade, GIPSA, USDA, 1400 Independence
Avenue SW., Room 2542A-S, Washington, DC 20250-3613.
Hand Delivery or Courier: M. Irene Omade, GIPSA, USDA,
1400 Independence Avenue SW., Room 2530-S, Washington, DC 20250-3613.
Internet: http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Instructions: All comments should make reference to the date and
page number of this issue of the Federal Register. All comments
received will be included in the public docket without change,
including any personal information provided. Regulatory analyses and
other documents relating to this rulemaking will be available for
public inspection in Room 2542A-S, 1400 Independence Avenue SW.,
Washington, DC 20250-3613 during regular business hours. All comments
will be available for public inspection in the above office during
regular business hours (7 CFR 1.27(b)). Please call the Management and
Budget Services staff of GIPSA at (202) 720-8479 to arrange a public
inspection of comments or other documents related to this rulemaking.
FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Litigation
and Economic Analysis Division, P&SP, GIPSA, 1400 Independence Ave.
SW., Washington, DC 20250, (202) 720-7051, [email protected].
SUPPLEMENTARY INFORMATION: Consistent with the memorandum of January
20, 2017, to the heads of executive departments and agencies from the
Assistant to the President and Chief of Staff entitled ``Regulatory
Freeze Pending Review,'' GIPSA is extending the public comment period
and delaying the effective date of the interim final rule entitled
``Scope of Sections 202(a) and (b) of the Packers and Stockyards Act''
that was published in the Federal Register on December 20, 2016, 81 FR
92566.
This interim final rule states the interpretation that not all
violations of the P&S Act require a showing of harm or likely harm to
competition. Section 201.3(a) specifically provides that the scope of
section 202(a) and (b) encompasses conduct or action that, depending on
their nature and the circumstances, can be found to violate the P&S Act
without a finding of harm or likely harm to competition. This interim
final rule finalizes a proposed Sec. 201.3(c) that GIPSA published on
June 22, 2010, 75 FR 35338, with slight modifications in order to allow
additional public comment on these provisions.
To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is
exempt from notice and comment rulemaking for good cause and for
reasons cited above, GIPSA finds that notice and solicitation of
comment regarding the brief extension of the effective date of the
interim finalrule are impracticable, unnecessary, or contrary to the
public interest pursuant to 5 U.S.C. 553(b)(B). GIPSA believes that
affected parties need to be informed as soon as possible of the
extension and its length.
Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 2017-02496 Filed 2-6-17; 8:45 am]
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