[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