Nomenclature Change; Technical Amendment

Citation88 FR 62695
Published date13 September 2023
Record Number2023-18350
CourtAgricultural Marketing Service,Agriculture Department
SectionRules 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 []
                [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]]
                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,
                 For the reasons set forth in the preamble, the Agricultural
                Marketing Service amends 9 CFR parts 201, 202, and 203 as follows:
                1. The authority citation for part 201 continues to read as follows:
                 Authority: 7 U.S.C. 181--229c.
                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
                * * * * *
                 (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]
                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]
                4. In Sec. 201.28:
                a. In the section heading, remove the text ``Regional Supervisors'' and
                add in their place the text ``Regional Directors''; and
                b. In the introductory paragraph, remove in both instances the text
                ``Regional Supervisor'' and add in their places the text ``Regional
                Sec. 201.42 [Amended]
                5. In Sec. 201.42 (g), remove the word ``party'' and add in its place
                the word ``part''.
                Sec. 201.72 [Amended]
                6. In Sec. 201.72(b), remove the term ``P&SP'' and add in its place
                the term ``PSD''.
                Sec. 201.73-1 [Amended]
                7. In Sec. 201.73-1 introductory paragraph:
                a. Remove the text ``P&SA Form 215'' and add in its place the text
                ``Form PSD 4000''; and
                b. Remove in both instances the text ``Packers and Stockyards
                Programs'' and add in their places the text ``Packers and Stockyards
                Sec. 201.108-1 [Amended]
                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''.
                AND STOCKYARDS ACT
                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]
                10. In Sec. 202.2(b), remove the text ``Grain Inspection,''.
                PART 206--SWINE CONTRACT LIBRARY
                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]
                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]
                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

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