Nomenclature Change; Technical Amendment
| Citation | 88 FR 62695 |
| Published date | 13 September 2023 |
| Record Number | 2023-18350 |
| Court | Agricultural Marketing Service,Agriculture Department |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 176 (Wednesday, September 13, 2023)
[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]
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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. 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.
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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
