Reorganization and Transfer of Regulations
| Published date | 30 August 2019 |
| Citation | 84 FR 45644 |
| Record Number | 2019-18201 |
| Section | Rules and Regulations |
| Court | Agricultural Marketing Service |
Federal Register, Volume 84 Issue 169 (Friday, August 30, 2019)
[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45644-45649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18201]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 735
7 CFR Chapter VIII
9 CFR Chapter II
[Doc. No. AMS-FGIS-18-0073 FR]
Reorganization and Transfer of Regulations
AGENCY: Agricultural Marketing Service; Farm Service Agency; Grain
Inspection, Packers, and Stockyards Administration; USDA.
ACTION: Final rule.
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SUMMARY: This rule transfers certain regulations under the Farm Service
Agency (FSA) and the Grain Inspection, Packers and Stockyards
Administration (GIPSA) to the Agricultural Marketing Service (AMS) to
reflect changes in the organizational structure and delegated
authorities within the United States Department of Agriculture (USDA).
This rule also makes corresponding revisions to the regulations to
reflect the organizational changes. This action is necessary to enable
the AMS Administrator to issue, maintain, and revise as necessary
regulations related to programs under the AMS Administrator's delegated
authority.
DATES: Effective August 30, 2019.
FOR FURTHER INFORMATION CONTACT: Dawana J. Clark, Legislative and
Regulatory Review Staff, Office of the Administrator, AMS, USDA;
Telephone: (202) 720-7540, Fax: (202) 690-3767, or Email:
[email protected].
SUPPLEMENTARY INFORMATION: In November 2018, the Secretary of
Agriculture directed the reorganization of several USDA agencies. The
purpose of the reorganization was to help USDA better meet the needs of
farmers, ranchers, and producers, while providing improved customer
service and maximizing efficiency. A final rule published November 29,
2018 (83 FR 61309), eliminated GIPSA as a stand-alone agency and
amended 7 CFR part 2 to include new delegations of authority from the
Under Secretary for Marketing and Regulatory Programs to the AMS
Administrator. Amended Sec. 2.79 authorizes the AMS Administrator to
administer the United States Grain Standards Act, as amended (7 U.S.C.
71-87h); the Packers and Stockyards Act, 1921 (P&S), as amended and
supplemented (7 U.S.C. 181 et seq.); and the United States Warehouse
Act (USWA), as amended (7 U.S.C. 241-273). The reorganization and
redelegation of authority necessitate the transfer of corresponding
regulations to AMS, giving the AMS Administrator authority to issue,
maintain, and revise regulations pertaining to USWA programs, the
Federal Grain Inspection Service (FGIS), and P&S programs. This final
rule completes the necessary transfer.
Overview of Changes
Currently, Title 7, Chapter VII, part 735 of the Code of Federal
Regulations (CFR) contains the USWA regulations, under FSA
administration. This final rule transfers the USWA regulations in part
735 to Chapter VIII of Title 7 and redesignates them as part 869.
Currently Chapter VIII is titled ``Grain Inspection, Packers and
Stockyards Administration (Federal Grain Inspection Service),
Department of Agriculture.'' This final rule revises the title of
Chapter VIII to read ``Agricultural Marketing Service (Federal Grain
Inspection Service, Fair Trade Practices Program), Department of
Agriculture'' to reflect the elimination of GIPSA and the redelegation
of administrative authority for FGIS and USWA activities to the AMS
Administrator. The Deputy Administrator of AMS's Federal Grain
Inspection Service oversees FGIS activities for the Administrator, and
the Deputy Administrator of AMS's Fair Trade Practices Program (FTPP)
oversees USWA activities for the Administrator.
Currently, Title 9, Chapter II, of the CFR, titled ``Grain
Inspection, Packers and Stockyards Administration (Packers and
Stockyards Programs), Department of Agriculture'' contains the P&S
regulations. This final rule revises the title of Chapter II to read
``Agricultural Marketing Service (Fair Trade Practices Program),
Department of Agriculture'' to reflect the elimination of GIPSA and the
redelegation of administrative authority for P&S activities to the AMS
Administrator. The Deputy Administrator of FTPP oversees P&S activities
for the Administrator.
This final rule makes corresponding revisions to certain
definitions, references, addresses, and telephone numbers in 7 CFR
parts 800, 868, and 869; and 9 CFR parts 201,202, 203, and 206 to
reflect redelegation to the AMS Administrator of authority over former
GIPSA and FSA programs. This rule replaces references to the Grain
Inspection, Packers and Stockyards Administration, GIPSA, the Farm
Service Agency, and FSA as appropriate with references to the
Agricultural Marketing Service and AMS. This rule redefines the term
Administrator in the
[[Page 45645]]
affected regulations to mean the AMS Administrator. This rule updates
street, mailing, and website addresses to provide current addresses
related to services now provided by AMS.
This final rule revises redesignated 7 CFR part 869 by replacing
references to FSA's Deputy Administrator, Commodity Operations or DACO
with references to AMS's Warehouse and Commodity Management Division
Director and AMS. This rule also revises cross references within part
869 by replacing references to other sections in part 735 with
references to the corresponding sections in redesignated part 869.
Specifically, this rule revises such cross references in Sec. Sec.
869.3, 869.6, 869.303, 869.401, 869.402, 869.403, and 869.404.
This rule makes additional revisions to 9 CFR parts 201, 202, and
203. In Sec. 201.2(f), the term Regional Director replaces the term
Regional Supervisor and means a Regional Director of FTPP's Packers and
Stockyards Division (PSD). This rule adds a new definition for Packers
and Stockyards Division (PSD), which now administers the Packers and
Stockyards programs on a day-to-day basis. In Sec. 201.108-1,
references to PSD replace references to Packers and Stockyards
Programs. In Sec. Sec. 202.103 and 202.112, references to PSD regional
and headquarters offices replace references to area and headquarters
offices of the Agency. Similarly, a reference to a PSD Regional Office
replaces the reference to a GIPSA Regional Office in Sec.
203.15(a)(6). This rule also revises several references to GIPSA in 9
CFR part 206 by replacing them with references to AMS or PSD as
appropriate.
Currently, 9 CFR part 204 describes GIPSA organization and
functions. Since GIPSA was eliminated and its functions redelegated to
AMS, this section is no longer necessary. This final rule removes and
reserves part 204.
Classification
This final rule is administrative in nature and reflects changes in
the agency's organization. Accordingly, pursuant to 5 U.S.C. 553,
notice of proposed rulemaking and opportunity for comment are not
required, and this rule may be made effective in fewer than 30 days
after publication in the Federal Register. Therefore, this final rule
is effective upon publication.
Additionally, this rule is exempt from the provisions of Executive
Orders 12866 and 13771. This action is not a rule as defined by the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq., and thus is
exempt from the provisions of those Acts. This rule contains no
information collection or recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act (5 U.S.C. 801 et seq.), provides
exemptions for rules: ``of particular applicability''; ``relating to
agency management or personnel''; or ``of agency organization,
procedure, or practice that does not substantially affect the rights or
obligations of non-agency parties.'' This rulemaking qualifies for this
exemption.
AMS is committed to complying with the E-Government Act to promote
the use of the internet and other information technologies, to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this final rule.
List of Subjects
7 CFR Part 735
Administrative practice and procedure, Beans, Cotton, Cottonseeds,
Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety
bonds, Tobacco, Warehouses, Textiles.
7 CFR Part 800
Administrative practice and procedure, Conflict of interests,
Exports, Freedom of information, Grains, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
7 CFR Part 868
Administrative practice and procedure, Agricultural commodities,
Reporting and recordkeeping requirements, Rice.
7 CFR Part 869
Administrative practice and procedure, Beans, Cotton, Cottonseeds,
Grains, Nuts, Reporting and recordkeeping requirements, Sugar, Surety
bonds, Tobacco, Warehouses, Textiles.
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 203
Reporting and recordkeeping requirements, Stockyards.
9 CFR Part 204
Freedom of information, Organization and functions (Government
agencies)
9 CFR Part 205
Archives and records, Intergovernmental relations, Reporting and
recordkeeping requirements
9 CFR Part 206
Government contracts, Reporting and recordkeeping requirements,
Swine.
For the reasons stated in the preamble, as authorized by the
Secretary's Memorandum dated November 14, 2018, and under authority of
5 U.S.C. 552 and 7 U.S.C. 71-87k, 181-229, 1621-1627, and 1631, the
Department of Agriculture amends 7 CFR chapters VII and VIII and 9 CFR
chapter II as follows:
Title 7--Agriculture
PART 735 [TRANSFERRED TO CHAPTER VIII AND REDESIGNATED AS PART 869]
0
1. The authority citation for part 735 continues to read as follows:
Authority: 7 U.S.C. 241 et seq.
0
2. Transfer part 735 into 7 CFR chapter VIII and redesignate it as part
869.
Subchapter C [Reserved]
0
3. Subchapter C, consisting of parts 735 and 743, is removed and
reserved.
Chapter VIII--Agricultural Marketing Service (Federal Grain Inspection
Service, Fair Trade Practices Program), Department of Agriculture
0
4. Revise the heading of 7 CFR chapter VIII to read as set forth above.
PARTS 800 THROUGH 868 [DESIGNATED AS SUBCHAPTER A]
0
5. Designate parts 800 through 868 as subchapter A under the following
heading:
Subchapter A--Federal Grain Inspection
0
6. An authority citation for subchapter A is added to read as follows:
Authority: 7 U.S.C. 71-87K, 1621-1627.
Subchapter A [Amended]
0
7. In newly designated subchapter A, wherever it occurs:
0
a. Remove the words ``Grain Inspection, Packers and Stockyards
[[Page 45646]]
Administration'' and add in their place ``Agricultural Marketing
Service''; and
0
b. Remove the term ``GIPSA'' and add in its place ``AMS''.
PART 800--GENERAL REGULATIONS
0
8. The authority citation for part 800 continues to read:
Authority: 7 U.S.C. 71-87k.
0
9. Revise Sec. 800.7 to read as follows:
Sec. 800.7 Information about the Service, Act, and regulations.
Information about the Agricultural Marketing Service, Service, Act,
regulations, official standards, official criteria, rules of practice,
instructions, and other matters related to the official inspection or
Class X or Class Y weighing of grain may be obtained by telephoning or
writing the Service at its headquarters or any one of its field offices
at the numbers and addresses listed on the Service's website.
0
10. Amend Sec. 800.8 by revising paragraphs (d) and (e) to read as
follows:
Sec. 800.8 Public information.
* * * * *
(d) Requests for records. Requests for records under 5 U.S.C.
552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be
addressed as follows: AMS FOIA Officer, Agricultural Marketing Service,
FOIA Request, 1400 Independence Avenue SW, Room 2095-S, Stop 0203,
Washington, DC 20250-0203.
(e) Appeals. Any person whose request under paragraph (d) of this
section is denied shall have the right to appeal such denial in
accordance with 7 CFR 1.13. Appeals shall be addressed to the
Administrator, Agricultural Marketing Service, FOIA Appeal, 1400
Independence Avenue SW, Room 3071-S, Stop 0201, Washington, DC 20250-
0201.
* * * * *
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
0
11. The authority citation for part 868 continues to read:
Authority: 7 U.S.C. 1621-1627.
0
12. Amend Sec. 868.91 by revising note 2 to table 2 to read as
follows:
Sec. 868.91 Fees for certain Federal rice inspection services.
* * * * *
Table 2--Unit Rates Service \1\
* * * * *
\1\ Fees apply to determinations (original or appeals) for kind,
class, grade, factor analysis, equal to type, milling yield, or any
other quality designation as defined in the U.S. Standards for Rice or
applicable instructions, whether performed singly or in combination at
other than at the applicant's facility.
\2\ Interpretive line samples may be purchased from the U.S.
Department of Agriculture, AMS, FGIS, National Grain Center, 10383
North Ambassador Drive, Kansas City, Missouri 64153-1394. Interpretive
line samples also are available for examination at selected FGIS field
offices. A list of field offices may be obtained from the AMS website
at (https://www.ams.usda.gov). The interpretive line samples illustrate
the lower limit for milling degrees only and the color limit for the
factor ``Parboiled Light'' rice.
* * * * *
Subchapter B--Regulations for Warehouses
0
13. Add a heading for subchapter B, consisting of newly transferred and
redesignated part 869, to read as set forth above.
PART 869--REGULATIONS FOR THE UNITED STATES WAREHOUSE ACT
0
14. The authority citation for newly transferred and redesignated part
869 continues to read as follows:
Authority: 7 U.S.C. 241 et seq.
0
15. In newly transferred and redesignated part 869, wherever it occurs:
0
a. Remove the words ``Farm Service Agency'' and add in their place
``Agricultural Marketing Service'';
0
b. Remove the term ``FSA'' and add in its place ``AMS''; and
0
c. Remove the term ``DACO'' and add in its place ``AMS''.
0
16. In newly transferred and redesignated Sec. 869.2, revise
paragraphs (a) and (d)(2) to read as follows:
Sec. 869.2 Administration.
(a) AMS will administer all provisions and activities regulated
under the Act under the general direction and supervision of AMS's
Director, Warehouse and Commodity Management Division, or a designee.
* * * * *
(d) * * *
(2) The following address: Director, Warehouse and Commodity
Management Division, Fair Trade Practices Program, AMS, USDA, Stop
3601, 1400 Independence Avenue SW, Washington, DC 20250-3601.
Sec. 869.3 [Amended]
0
17. In newly transferred and redesignated Sec. 869.3, amend the
definition of ``Service license'' by removing the reference to ``Sec.
735.202'' and adding in its place ``Sec. 868.202''.
0
18. In newly transferred and redesignated Sec. 869.4, revise
paragraphs (c)(1) and (2) to read as follows:
Sec. 869.4 Fees.
* * * * *
(c) * * *
(1) Will be available at AMS's website, or
(2) May be requested at the following address: Director, Warehouse
and Commodity Management Division, Fair Trade Practices Program, AMS,
USDA, Stop 3601, 1400 Independence Avenue SW, Washington, DC 20250-
3601.
* * * * *
Sec. 869.5 [Amended]
0
18. In newly transferred and redesignated Sec. 869.5, in the
introductory text, remove the reference to ``Sec. 735.8'' and add in
its place ``Sec. 869.8''.
Sec. 869.6 [Amended]
0
20. In newly transferred and redesignated Sec. 869.6, in paragraph
(a), remove the reference to ``Sec. 735.8'' and add in its place
``Sec. 869.8''.
0
21. In newly transferred and redesignated Sec. 869.8 revise paragraph
(a) to read as follows:
Sec. 869.8 Appeals.
(a) Any person who is subject to an adverse determination made
under the Act may appeal the determination by filing a written request
with AMS at the following address: Director, Warehouse and Commodity
Management Division, Fair Trade Practices Program, AMS, USDA, Stop
3601, 1400 Independence Avenue SW, Washington, DC 20250-3601.
* * * * *
Sec. 869.303 [Amended]
0
22. In newly transferred and redesignated Sec. 869.303, in paragraph
(a)(2), remove the reference to ``Sec. 735.2(b)'' and add in its place
``Sec. 869.2(b)''.
Sec. 869.401 [Amended]
0
23. Amend newly transferred and redesignated Sec. 869.401:
0
a. In paragraph (a)(2), by removing the reference to ``Sec. 735.14''
and adding in its place ``Sec. 869.14''; and
0
b. In paragraph (c)(1), by removing ``Sec. Sec. 735.6 and 735.8'' and
adding in its place ``Sec. Sec. 869.6 and 869.8''.
[[Page 45647]]
Sec. 869.402 [Amended]
0
24. Amend newly transferred and redesignated Sec. 869.402:
0
a. In paragraph (a)(2), by removing the reference to ``Sec. 735.14''
and adding in its place ``Sec. 869.14''; and
0
b. In paragraph (c)(1), by removing ``Sec. Sec. 735.6 and 735.8'' and
adding in its place ``Sec. Sec. 869.6 and 869.8''.
Sec. 869.403 [Amended]
0
25. In newly transferred and redesignated Sec. 869.403, in paragraph
(a), remove ``Sec. Sec. 735.401 and 735.402'' and add in its place
``Sec. Sec. 869.401 and 869.402''.
Sec. 869.404 [Amended]
0
26. In newly transferred and redesignated Sec. 869.404, in paragraph
(a), remove ``Sec. Sec. 735.401 or 735.402'' and add in its place
``Sec. 869.401 or Sec. 869.402''.
Title 9--Animals and Animal Products
CHAPTER II--AGRICULTURAL MARKETING SERVICE (FAIR TRADE PRACTICES
PROGRAM), DEPARTMENT OF AGRICULTURE
0
27. Revise the heading of 9 CFR chapter II to read as set forth above.
PART 201--REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT
0
28. The authority citation for part 201 continues to read as follows:
Authority: 7 U.S.C. 181-229c.
0
29. Amend Sec. 201.2 by revising the introductory text and paragraph
(f) and adding paragraph (l) to read as follows:
Sec. 201.2 Terms defined.
The definitions of terms contained in the Act shall apply to such
terms when used in the Regulations under the Packers and Stockyards
Act, 9 CFR part 201; Rules of Practice Governing Proceedings under the
Packers and Stockyards Act, 9 CFR part 202; and Statements of General
Policy under the Packers and Stockyards Act, 9 CFR part 203. In
addition, the following terms used in these parts shall be construed to
mean:
* * * * *
(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.
* * * * *
(l) Packers and Stockyards Division (PSD) means the Packers and
Stockyards Division of the Fair Trade Practices Program (FTPP),
Agricultural Marketing Service.
* * * * *
Sec. 201.34 [Amended]
0
30. Amend Sec. 201.34:
0
a. In paragraphs (a) and (b), by removing the words ``Grain Inspection,
Packers and Stockyards Administration (Packers and Stockyards
Programs)'' and adding in their place the words ``Agricultural
Marketing Service (AMS)''; and
0
b. In paragraph (c), by removing the words ``Grain Inspection, Packers
and Stockyards Administration'' and adding in their place the words
``Agricultural Marketing Service''.
0
31. Amend Sec. 201.71 by revising the sixth sentence of paragraph (a)
to read as follows:
Sec. 201.71 Scales and or Electronic Evaluation Devices or Systems;
accurate weights and measures, repairs, adjustments or replacements
after inspection.
(a) * * * All approved material is available for inspection at
USDA, AMS, Packers and Stockyards Division, 1400 Independence Avenue
SW, Washington, DC 20250, telephone 202-720-7051, and is for sale by
the National Conference of Weights and Measures (NCWM), 1135 M Street,
Suite 110, Lincoln, Nebraska, 68508. * * *
* * * * *
Sec. 201.108-1 [Amended]
0
32. Amend Sec. 201.180-1, in the introductory text, by removing both
instances of the words ``Packers and Stockyards Programs'' and adding
in their place ``Packers and Stockyards Division''.
PART 202--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS
AND STOCKYARDS ACT
0
33. The authority citation for part 202 continues to read:
Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 2.81.
Sec. 202.2 [Amended]
0
34. In Sec. 202.2, amend paragraph (b) by removing the words ``Grain
Inspection, Packers and Stockyards Administration (Packers and
Stockyards Programs) (GIPSA) and adding in their place the words
``Agricultural Marketing Service (AMS)''.
Sec. 202.102 [Amended]
0
35. In Sec. 202.102, revise the definitions for ``Agency'' and
``Agency head'' by removing the words ``Grain Inspection, Packers and
Stockyards Administration (Packers and Stockyards Programs) (GIPSA) and
adding in their place the words ``Agricultural Marketing Service
(AMS)''.
0
36. Amend Sec. 202.103 by revising paragraphs (d) and (e) to read as
follows:
Sec. 202.103 Rule 3: Beginning a reparation proceeding.
* * * * *
(d) Where to file. The complaint should be transmitted or delivered
to any regional office of the Packers and Stockyards Division (PSD), or
to the PSD headquarters in Washington, DC, or delivered to any full
time PSD employee.
(e) Time for filing. The complaint must be received by the
Department within 90 days after accrual of the cause of action alleged
in it. If a complaint is transmitted or delivered to an office of the
Department, it shall be deemed to be received by the Department when it
reaches such office. If a complaint is delivered to a full-time PSD
employee, it shall be deemed to be received by the Department when it
is received by such employee.
* * * * *
0
37. Amend Sec. 202.112 by revising the first and last sentences of
paragraph (j) and by revising paragraph (k) to read as follows:
Sec. 202.112 Rule 12: Oral hearing.
* * * * *
(j) Filing, and presiding officer's certificate, of the transcript
or recording. As soon as practicable after the close of the oral
hearing, the reporter shall transmit to the presiding officer the
original transcript or recording of the testimony, and as many copies
of the transcript or recording as may be required by paragraph (i) of
this section for the PSD regional offices and as may be required for
the PSD headquarters office in Washington. * * * The presiding officer
shall send the copies of the transcript or recording to the hearing
clerk who shall send them to PSD headquarters.
(k) Keeping of copies of the transcript or recording. During the
period in which the proceeding has an active status in the Department,
a copy of the transcript or recording shall be kept at the PSD regional
office most convenient to the respondent; however, if there are two or
more respondents and they are located in different regions, such copy
of the transcript or recording shall be kept at the PSD regional office
nearest to the place where the hearing was held. In addition, a copy of
the transcript or recording shall be kept at the PSD regional office
most convenient to the
[[Page 45648]]
complainant. Any such copy shall be available for examination during
official hours of business at the regional office, but shall remain the
property of the Department and shall not be removed from such office.
PART 203--STATEMENTS OF GENERAL POLICY UNDER THE PACKERS AND
STOCKYARDS ACT
0
38. The authority citation for part 203 continues to read:
Authority: 7 CFR 2.22 and 2.81.
0
39. Amend Sec. 203.4 by revising paragraph (a) to read as follows:
Sec. 203.4 Statement with respect to the disposition of records by
packers, live poultry dealers, stockyard owners, market agencies and
dealers.
(a) Records to be kept. Section 401 of the Packers and Stockyards
Act (7 U.S.C. 221) provides, in part, that every packer, live poultry
dealer, stockyard owner, market agency, and dealer shall keep such
accounts, records, and memoranda as fully and correctly disclose all
transactions involved in his business, including the true ownership of
such business by stockholding or otherwise. In order to properly
administer the P&S Act, it is necessary that records be retained for
such periods of time as may be required to permit the Packers and
Stockyards Division (PSD) a reasonable opportunity to examine such
records. Section 401 of the Act does not, however, provide for the
destruction or disposal of records. Therefore, the Department has
formulated this policy statement to provide guidance as to the periods
of time after which records may be disposed of or destroyed.
* * * * *
Sec. 203.5 [Amended]
0
40. Amend Sec. 203.5 by removing the words ``Grain Inspection, Packers
and Stockyards Administration (Packers and Stockyards Programs)'' and
adding in its place in the first two instances the word ``Department,''
and adding in its place in the third instance the term ``PSD''.
Sec. 203.7 [Amended]
0
41. Amend Sec. 203.7:
0
a. In the first sentence of paragraph (a), by removing the words
``Grain Inspection, Packers and Stockyards Administration (Packers and
Stockyards Programs)'' and adding in their place ``PSD'';
0
b. In the third sentence of paragraph (b)(2)(iii), by removing the
words ``Grain Inspection, Packers and Stockyards Administration
(Packers and Stockyards Programs)'' and adding in their place ``PSD'';
0
c. In the fourth sentence of paragraph (b)(2)(iii), by removing the
words ``Grain Inspection, Packers and Stockyards Administration
(Packers and Stockyards Programs)'' and adding in their place the words
``PSD regional''; and
0
d. In the first sentence of paragraph (c), by removing the words
``Grain Inspection, Packers and Stockyards Administration (Packers and
Stockyards Programs)'' and adding in their place ``PSD''.
Sec. 203.12 [Amended]
0
42. Amend Sec. 203.12:
0
a. In paragraphs (a) through (c), by removing the sets of three
asterisks and adding in their place three ellipsis points;
0
b. In paragraph (f), by removing the words ``Grain Inspection, Packers
and Stockyards Administration (Packers and Stockyards Programs)'' and
adding in their place ``Department''; and
0
c. In paragraph (g), by removing the words ``Grain Inspection, Packers
and Stockyards Administration (Packers and Stockyards Programs)'' and
adding in their place ``PSD''.
Sec. 203.14 [Amended]
0
43. Amend Sec. 203.114 in the note following paragraph 1 by removing
the words ``Grain Inspection, Packers and Stockyards Administration
(Packers and Stockyards Programs)'' and adding in their place ``PSD''.
0
44. Amend Sec. 203.15 by revising paragraph (a)(6) to read as follows:
Sec. 203.15 Trust benefits under sections 206 and 207 of the Act.
(a) * * *
(6) Amount of money due; and to make certain that a copy of such
letter, mailgram, or telegram is filed with a PSD regional office or
with the PSD headquarters office within the prescribed time.
* * * * *
Sec. 203.16 [Amended]
0
45. Amend Sec. 203.16, in paragraphs (a) introductory text and (b), by
removing the words ``Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs)'' and adding in their
place ``Department''.
Sec. 203.17 [Amended]
0
46. Amend Sec. 203.17, in paragraphs (a), (b), and (d), by removing
the words ``Grain Inspection, Packers and Stockyards Administration
(Packers and Stockyards Programs)'' and adding in their place ``PSD''.
0
47. Amend Sec. 203.18 by revising paragraphs (a) and (d) to read as
follows:
Sec. 203.18 Statement with respect to packers engaging in the
business of custom feeding livestock.
(a) In its administration of the Packers and Stockyards Act, the
Department has sought to promote and maintain open and fair competition
in the livestock and packing industries, and to prevent unfair or
anticompetitive practices when they are found to exist. It is the
opinion of the Department that the ownership or operation of custom
feedlots by packers presents problems which may under some
circumstances result in violations of the Packers and Stockyards Act.
* * * * *
(d) The Department does not consider the existence of packer/custom
feedlot relationships, by itself, to constitute a violation of the Act.
In the event it appears that a packer/custom feedlot arrangement gives
rise to a violation of the Act, an investigation will be made on a
case-by-case basis, and, where warranted, appropriate action will be
taken.
* * * * *
Sec. 203.19 [Amended]
0
48. Amend Sec. 203.19:
0
a. In paragraph (a), by removing the words ``Grain Inspection, Packers
and Stockyards Administration (Packers and Stockyards Programs)'' and
adding in their place ``Department''; and
0
b. In paragraph (c)(2), by indenting the paragraph, capitalizing the
word ``operations'', and removing the words ``Grain Inspection, Packers
and Stockyards Administration (Packers and Stockyards Programs)'' and
adding in their place ``PSD''.
PART 204--[REMOVED AND RESERVED]
0
49. Under the authority of 5 U.S.C. 552, remove and reserve part 204,
consisting of Sec. Sec. 204.1 through 204.7.
PART 205--CLEAR TITLE--PROTECTION FOR PURCHASERS OF FARM ANIMALS
0
50. The authority citation for part 205 continues to read:
Authority: 7 U.S.C. 1631; 7 CFR 2.22 and 2.81.
0
51. Amend Sec. 205.101 by revising paragraph (c) to read as follows:
Sec. 205.101 Certification--request and processing.
* * * * *
(c) Any such request and attachments must be filed in triplicate
(one copy for
[[Page 45649]]
public inspection, as second copy for use in AMS, and a third copy for
use in the Office of the General Counsel, USDA). All three copies must
be received in the headquarters of the Packers and Stockyards Division,
Agricultural Marketing Service (AMS), USDA, Washington, DC 20250.
* * * * *
PART 206--SWINE CONTRACT LIBRARY
0
52. The authority citation for part 206 continues to read:
Authority: 7 U.S.C. 198-198b; 7 U.S.C. 222.
0
53. In part 206, wherever it occurs:
0
a. Remove the term ``GIPSA'' and add in its place ``PSD'';
0
b. Remove the words ``GIPSA website (http://gipsa.usda.gov)'' and add
in their place ``AMS website (https://ams.usda.gov)''; and
0
c. Remove the term ``USDA GIPSA,'' and add in its place ``USDA, AMS,
PSD''.
Sec. 206.2 [Amended]
0
54. Amend Sec. 206.2, in paragraph (b), by removing the words ``Grain
Inspection, Packers and Stockyards Administration (GIPSA)'' and adding
in their place ``Packers and Stockyards Division (PSD)''.
Dated: August 20, 2019.
Greg Ibach,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 2019-18201 Filed 8-29-19; 8:45 am]
BILLING CODE 3410-02-P
