[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Page 17531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07360]
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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.
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 /
Rules and Regulations
[[Page 17531]]
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.
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SUMMARY: The United States Department of Agriculture's (USDA) Grain
Inspection, Packers and Stockyards Administration (GIPSA) is delaying
the effective date of the rule published on December 20, 2016, for an
additional six months to October 19, 2017, in response to a comment
received from a national general farm organization that requested an
extension of time and to allow time for further consideration by USDA.
The effective date for this rule was originally February 21, 2017, and
subsequently delayed to April 22, 2017, by a document published in the
Federal Register on February 7, 2017. The interim final rule addresses
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.
DATES: The effective date for the interim final rule amending 9 CFR
part 201, published at 81 FR 92566, December 20, 2016, delayed at 82 FR
9489, February 7, 2017, is further delayed until October 19, 2017.
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,'' on February 7, 2017, GIPSA extended the public
comment period and delayed 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. The comment period was extended at that time to
March 24, 2017, and the effective date delayed to April 22, 2017.
Given the significant public interest in this rule, GIPSA has found
that the initial delay of the effective date to April 22, 2017, will
likely not provide sufficient time for USDA to adequately consider all
comments received and make informed policy decisions regarding this
rule. GIPSA is therefore further delaying the effective date of this
rule an additional 180 days to October 19, 2017. In addition, GIPSA
will publish a proposed rule that solicits public comments on the
direction that USDA should take with respect to the rule. The public
will have a 60-day comment period to specify whether USDA should (1)
let the rule become effective, (2) suspend the rule indefinitely, (3)
delay the effective date of the rule further, or (4) withdraw the rule.
As published, this interim final rule states the USDA's long held
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 extension of the effective date of the interim
final rule are impracticable, unnecessary, or contrary to the public
interest pursuant to 5 U.S.C. 553(b)(B). The delay of the effective
date until October 19, 2017, should give GIPSA sufficient time to
receive and consider public comments and to take action on the
disposition of the IFR. Delaying the effective date would also reduce
confusion or uncertainty for the industry while GIPSA determines the
appropriate final disposition of the IFR. GIPSA believes that affected
parties need to be informed as soon as possible of the extension and
its length.
Randall D. Jones,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 2017-07360 Filed 4-11-17; 8:45 am]
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