Title 9 published on 06-Jun-2018 03:51
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 9 CFR Part 201 after this date.
2017-10-18; vol. 82 # 200 - Wednesday, October 18, 2017 82 FR 48594 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Final rule; withdrawal. The interim final rule published on December 20, 2016 (81 FR 92566), is withdrawn as of October 18, 2017. 9 CFR Part 201 Summary The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program is withdrawing the interim final rule (IFR) published in the Federal Register on December 20, 2016. Had the IFR become effective, it would have added a paragraph to the regulations issued under the Packers and Stockyards Act (P&S Act) addressing the scope of sections 202(a) and (b) of the P&S Act, which enumerate unlawful practices under the Act. Specifically, the IFR would have added a paragraph to the regulations further explaining the scope of sections 202(a) and (b) of the P&S Act such that certain conduct or actions, depending on their nature and the circumstances, could be found to violate the P&S Act without a finding of harm or likely harm to competition. GIPSA accepted and analyzed comments on the IFR received on or before March 24, 2017. In addition, in the April 12, 2017 Federal Register, GIPSA solicited and analyzed comments received on or before June 12, 2017, on four alternative actions regarding the disposition of the IFR. After careful review and consideration of all comments received, GIPSA is withdrawing the IFR.
82 FR 48603 - Unfair Practices and Undue Preferences in Violation of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule; notification of no further action. As of October 18, 2017, GIPSA will take no further action on the proposed rule published on December 20, 2016, at 81 FR 92703. 9 CFR Part 201 Summary The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program (P&SP) is notifying the public that after review and careful consideration of the public comments received, GIPSA will take no further action on the proposed rule published on December 20, 2016.
2017-04-12; vol. 82 # 69 - Wednesday, April 12, 2017 82 FR 17531 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Interim final rule; notice of delay of effective date. 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. 9 CFR Part 201 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.
82 FR 17594 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule. Interested persons are invited to submit written comments on this proposed rule on or before June 12, 2017. 9 CFR Part 201 Summary This proposed rule sets forth the U.S. Department of Agriculture's (USDA) intention to pursue one of several actions on the above titled Interim Final Rule (IFR) published in the Federal Register on December 20, 2016, by USDA's Grain Inspection, Packers and Stockyards Administration (GIPSA). USDA is asking the public to comment as to the possible actions USDA should take in regards to the disposition of the IFR. The IFR 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. The IFR was originally set to take effect on February 21, 2017, and is now being extended to October 19, 2017.
2017-02-07; vol. 82 # 24 - Tuesday, February 7, 2017 82 FR 9489 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Interim final rule; notice of delay of effective date and extension of comment period. 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. 9 CFR Part 201 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 § 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.
82 FR 9533 - Unfair Practices and Undue Preferences in Violation of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule: Extension of comment period. 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. 9 CFR Part 201 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 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.
82 FR 9533 - Poultry Grower Ranking Systems
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule: Extension of comment period. 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. 9 CFR Part 201 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 identifies criteria that the Secretary may consider when determining whether a live poultry dealer's use of a poultry grower ranking system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage. The proposed amendments also clarify that absent demonstration of a legitimate business justification, failing to use a poultry grower ranking system in a fair manner after applying the identified criteria is 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), regardless of whether it harms or is likely to harm competition.
2017-01-09; vol. 82 # 5 - Monday, January 9, 2017 82 FR - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration 9 CFR Part 201 Summary
2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016 81 FR 92566 - Scope of Sections 202(a) and (b) of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Interim final rule; request for comments. This interim final rule is February 21, 2017. Interested persons are invited to submit written comments on this interim final rule on or before February 21, 2017. 9 CFR Part 201 Summary The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program (P&SP) is amending the regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA is adding a paragraph addressing the scope of sections 202(a) and (b) of the P&S Act. This interim final rule clarifies 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 interim final rule reiterates USDA's longstanding interpretation that not all violations of the P&S Act require a showing of harm or likely harm to competition. The regulations would specifically provide 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 amendment that GIPSA published on June 22, 2010. GIPSA is now publishing as an interim final rule what was proposed on June 22, 2010, with slight modifications, in order to allow additional comment on these provisions.
81 FR 92703 - Unfair Practices and Undue Preferences in Violation of the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule. We will consider comments we receive by February 21, 2017. 9 CFR Part 201 Summary The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program (P&SP) is proposing to amend the regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). The proposed amendments will 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 P&S Act. The proposed amendments will also identify criteria that the Secretary will consider in determining whether conduct or action by packers, swine 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. This proposed rule identifies the conduct or action that is a per se violation of section 202(a) of the P&S Act, includes an illustrative list of conduct or action, absent demonstration of a legitimate business justification, GIPSA believes is unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the P&S Act regardless of harm to competition, and clarifies that any conduct or action that harms or is likely to harm competition is a violation of section 202(a) of the P&S Act. The proposed rule also includes criteria the Secretary will consider in determining whether conduct or action constitutes an undue or unreasonable preference or advantage and a violation of section 202(b) of the P&S Act.
81 FR 92723 - Poultry Grower Ranking Systems
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Proposed rule. We will consider comments we receive by February 21, 2017. 9 CFR Part 201 Summary The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA), Packers and Stockyards Program (P&SP) is proposing to amend the regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). The proposed amendments will identify criteria that the Secretary may consider when determining whether a live poultry dealer's use of a poultry grower ranking system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage. The proposed amendments will also clarify that absent demonstration of a legitimate business justification, failing to use a poultry grower ranking system in a fair manner after applying the identified criteria is unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the P&S Act regardless of whether it harms or is likely to harm competition.
2015-12-22; vol. 80 # 245 - Tuesday, December 22, 2015 80 FR 79460 - Regulations Under the Packers and Stockyards Act
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration 9 CFR Part 201 Summary
2015-08-10; vol. 80 # 153 - Monday, August 10, 2015 80 FR 47871 - Market Agencies Selling on Commission; Purchases From Consignment
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Request for information; Extension of comment period. The comment period for the Request for Information published at 80 FR 34097, June 15, 2015, which originally was to close August 14, 2015, is extended through October 13, 2015. 9 CFR Part 201 Summary We published a Request for Information in the Federal Register on June 15, 2015 (80 FR 34097), asking for comments regarding a regulation issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA regulations address circumstances under which a market agency selling livestock on a commission basis may permit its owners, officers, and employees to purchase livestock from consignments to the market. The Request for Information provided an opportunity for interested parties to submit written comments to the Grain Inspection, Packers and Stockyards Administration (GIPSA) until August 14, 2015. In response to requests from the livestock industry, we are extending the comment period to provide interested parties with additional time in which to comment.
2015-06-15; vol. 80 # 114 - Monday, June 15, 2015 80 FR 34097 - Market Agencies Selling on Commission; Purchases From Consignment
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Request for information. We will consider comments we receive by August 14, 2015. 9 CFR Part 201 Summary The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is seeking comments from the public regarding regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act). GIPSA regulations address circumstances under which a market agency is allowed to sell livestock on a commission basis to its owners, officers, and employees. There may be some need to update this regulation to address current marketing practices. GIPSA would like to determine whether additional information is needed in clarifying the circumstances under which key employees of the market agency, those designated as an auctioneer, weighmaster, or salesman, may purchase livestock.
2015-02-05; vol. 80 # 24 - Thursday, February 5, 2015 80 FR 6430 - Suspension of Flock Delivery and Stages of Poultry Production
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Final rule. Effective February 5, 2015. 9 CFR Part 201 Summary This final rule removes certain regulations promulgated under the Packers and Stockyards Act, 1921 (P&S Act). Under the authority granted to the Secretary of Agriculture (Secretary) and delegated to the Grain Inspection, Packers and Stockyards Administration (GIPSA), GIPSA is authorized to issue regulations necessary to carry out the provisions of the P&S Act. As directed by Congress in Section 731, Division A, of the Consolidated and Further Continuing Appropriations Act, 2015, GIPSA is rescinding certain regulations issued under the P&S Act. GIPSA is exercising the good cause exceptions provided by the Administrative Procedure Act to forgo notice-and-comment rulemaking and proceed directly to a final rule, because notice and comment rulemaking is impracticable and unnecessary since Congress has ordered the rescission of these specific sections.
2014-06-09; vol. 79 # 110 - Monday, June 9, 2014 79 FR 32859 - Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Direct final rule; correction. This correction is effective June 30, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 30, 2014. 9 CFR Part 201 Summary The Grain Inspection, Packers and Stockyards Administration is correcting a direct final rule that appeared in the Federal Register on April 29, 2014 (FR Doc. 2014-9655). The direct final rule required all scales used to weigh livestock, livestock carcasses, live poultry, or feed meet requirements contained in section 5.59, Electronic Livestock, Meat, and Poultry Evaluation Systems and/or Devices of the National Institute of Standards and Technology, Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices (NIST Handbook 44) 2013 edition. The NIST Handbook 44 includes additional requirements for scales used to weigh live animals, livestock and poultry carcasses, which should not have been excluded by this rule. The direct final rule should have incorporated, by reference, all of the General Code, Scales Code, and Weight Code from the 2013 edition of the NIST Handbook 44. Additionally, the direct final rule must reflect the change to the heading of § 201.71, as a result of NIST Handbook 44 requirements for electronic devices and systems and the correct email address for the National Conference for Weights and Measures.
2014-04-29; vol. 79 # 82 - Tuesday, April 29, 2014 79 FR 23892 - Scales; Accurate Weights, Repairs, Adjustments or Replacements After Inspection
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Direct final rule. 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 . 9 CFR Part 201 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.
2013-08-21; vol. 78 # 162 - Wednesday, August 21, 2013 78 FR 51658 - Weighing, Feed, and Swine Contractors
GPO FDSys XML | Text Additional Documents DEPARTMENT OF AGRICULTURE, Grain Inspection, Packers and Stockyards Administration Final rule. Effective Date: September 20, 2013. 9 CFR Part 201 Summary The Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the regulations issued under the Packers and Stockyards Act, 1921, as amended and supplemented (P&S Act), to ensure that payments by live poultry dealers and swine contractors to poultry and swine production contract growers are based on accurate weighing of both inputs and outputs. Specifically, we are amending a regulation about scale tickets to reduce redundant wording and to clarify weighing procedures. In addition, we are amending a regulation about reweighing to add swine contractors to the list of firms that must comply, and adding feed to the list of items for which reweighing may be requested. We are also amending two other regulations about weighing livestock and poultry to add weighing processes for feed, to add a specific time limit for weighing poultry, and to add swine contractors to the list of firms that must comply with care and promptness requirements.
