[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Proposed Rules]
[Pages 9533-9534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02495]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 201

RIN 0580-AB27


Unfair Practices and Undue Preferences in Violation of the 
Packers and Stockyards Act

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA

ACTION: Proposed rule: 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 by 30 days the public 
comment period for this proposed rule, which was published on December 
20, 2016. This proposed rule would clarify the conduct or action by 
packers, swine contractors, or live poultry dealers that GIPSA 
considers unfair, unjustly discriminatory, or deceptive and a violation 
of section 202(a) of the Packers and Stockyards Act, 1921, as amended 
and supplemented (P&S Act). This proposed rule would also identify 
criteria that the Secretary would consider in determining whether 
conduct or action by packers, swine

[[Page 9534]]

contractors, or live poultry dealers constitutes an undue or 
unreasonable preference or advantage and a violation of section 202(b) 
of the P&S Act.

DATES: The comment period for the proposed rule published at 81 FR 
92723 on December 20, 2016 is extended. Comments must be received on or 
before March 24, 2017.

ADDRESSES: We invite you to submit comments on this proposed 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 by 30 days the public 
comment period of the proposed rule entitled ``Unfair Practices and 
Undue Preferences in Violation of the Packers and Stockyards Act'' that 
was published in the Federal Register on December 20, 2016, (81 FR 
92703).
    This proposed rule would make two changes to the regulation issued 
under P&S Act. The first clarifies the conduct or action by packers, 
swine contractors, or live poultry dealers that GIPSA considers unfair, 
unjustly discriminatory, or deceptive and a violation of section 202(a) 
of the P&S Act. The second provides criteria, in response to 
requirements of the 2008 Farm Bill, to consider in determining whether 
a packer, swine contractor, or live poultry dealer has engaged in 
conduct resulting in an undue preference or advantage to one or more 
livestock producers or poultry growers in violation of Sec.  202(b) of 
the P&S Act.

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

Marianne Plaus,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 2017-02495 Filed 2-6-17; 8:45 am]
 BILLING CODE 3410-KD-P