Unknown. Final rule
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/register/2011/01/20/2011-1093A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-01-20.xml --- 76 13 Thursday, January 20, 2011 Contents Agricultural Research Agricultural Research Service NOTICES Renewal of the Advisory Committee on Biotechnology and 21st Century Agriculture, 3599 2011-1203 Agriculture Agriculture Department See Agricultural Research Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service RULES Voluntary Labeling Program for Biobased Products, 3790-3813 2011-968 Air Force Air Force Department NOTICES Meetings:
U.S. Air Force Academy Board Of Visitors, 3617-3618 2011-1122 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Revision of American Viticultural Area Regulations, 3489-3502 2011-1138 Time for Payment of Certain Excise Taxes, and Quarterly Excise Tax Payments for Small Alcohol Excise Taxpayers, 3502-3515 2011-1142 PROPOSED RULES Addition of New Grape Variety Names for American Wines, 3573-3584 2011-1134 Disclosure of Cochineal Extract and Carmine in the Labeling of Wines, Distilled Spirits, and Malt Beverages, 3584 C1--2010--27733 Time for Payment of Certain Excise Taxes, and Quarterly Excise Tax Payments for Small Alcohol Excise Taxpayers, 3584-3587 2011-1144 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Survey of State and Local Government Finances, 3610 2011-1115 Census in Schools and Partnership Program Research, 3609-3610 2011-1116 Current Population Surveys—Housing Vacancy Survey, 3610-3611 2011-1095 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 3608-3609 2011-1277 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Gulf Intracoastal Waterway, Belle Chasse, LA, 3516-3517 2011-1197 Harlem River, New York City, NY, 3516 2011-1194 Merrimack River, Newburyport and Salisbury, MA, 3516 2011-1196 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 3644-3646 2011-1189 Safety Requirements and Manning Exemption Eligibilities on Distant Water Tuna Fleet Vessels, 3646-3647 2011-1191 Towing Safety Advisory Committee; Vacancies, 3647-3648 2011-1068 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Risk Management Requirements for Derivatives Clearing Organizations, 3698-3742 2011-690 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement;
Technical Amendments, 3536-3538 2011-822 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Navy Department NOTICES Meetings: Department of Defense Wage Committee, 3617 2011-1086 Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, 3744-3787 2011-976 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3618-3619 2011-1178 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Performance Standards for Steam Generating Units:
Fossil-Fuel-Fired, Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Units, 3517-3524 2011-1008 PROPOSED RULES Performance Standards for Steam Generating Units: Fossil-Fuel-Fired, Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Units, 3587-3590 2011-1009 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Requirements for the Approval and Delegation of Federal Air Toxics Programs, etc., 3627-3628 2011-1126 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 3628 2011-1052 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employer Information Report, 3629 2011-1054 Local Union Report, 3628-3629 2011-1049 Executive Office of the President See Management and Budget Office See Presidential Documents Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 3629-3630 2011-1070 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
Boeing Co. Model 777 200 and 300 Series Airplanes Equipped with Rolls-Royce RB211 Trent 800 Engines, 3561-3564 2011-1121 Boeing Co. Model 777-200 and 300 Series Airplanes Equipped with Pratt and Whitney Engines, 3566-3569 2011-1119 Saab AB, Saab Aerosystems Model SAAB 340A and SAAB 340B Airplanes Modified in Accordance with Supplemental Type Certificate ST00224WI-D, ST00146WI-D, or SA984GL-D, 3564-3566 2011-1118 Amendment of Class E Airspace: Taylor, AZ, 3570-3571 2011-1079 West Yellowstone, MT, 3569-3570 2011-1076 Establishment of Class E Airspace:
Kahului, HI, 3571-3573 2011-1082 NOTICES Waiver of Aeronautical Land-Use Assurance: Viroqua Municipal Airport, Viroqua, WI, 3695 2011-1072 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3630-3633 2011-1056 Re-chartering of Consumer Advisory Committee, 3633-3634 2011-1170 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 3524-3536 2011-1058 2011-1060 PROPOSED RULES Flood Elevation Determinations, 3590-3595 2011-1061 Flood Elevation Determinations for Cumberland County, Maine (All Jurisdictions);
Withdrawal, 3595-3596 2011-1125 Flood Elevation Determinations for York County, ME (All Jurisdictions); Withdrawal, 3596 2011-1129 NOTICES National Incident Management System
(NIMS)Training Plan, 3648-3649 2011-1111 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 3619-3624 2011-1098 2011-1099 2011-1100 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: 3C Solar LLC, 3624 2011-1103 Milford Wind Corridor Phase II, LLC, 3624-3625 2011-1104 Viridian Energy New Jersey LLC, 3624 2011-1101 Meetings; Sunshine Act, 3625-3626 2011-1238 Permit Drawing: Lock+ Hydro Friends Fund XLIX, FFP Missouri 14, LLC, 3626 2011-1065 Technical Conferences: Tennessee Gas Pipeline Co., 3626-3627 2011-1102 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Interstate 64 Corridor, Virginia, 3695 2011-1132 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 3634-3635 2011-1177 Ocean Transportation Intermediary License; Revocations, 3635-3636 2011-1175 Ocean Transportation Intermediary Licenses; Applicants, 3636 2011-1171 Ocean Transportation Intermediary Licenses; Reissuances, 3636-3637 2011-1174 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 3637 2011-1120 Food and Drug Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs: Oxytetracycline and Flunixin, 3488-3489 2011-1040 NOTICES Meetings: Vaccines and Related Biological Products Advisory Committee, 3639 2011-1105 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: WIC Financial Management and Participation Report with Addendum, 3599-3600 2011-1131 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission, Codex Committee on Food Additives, 3600-3601 2011-1145 Codex Alimentarius Commission, Codex Committee on Methods of Analysis and Sampling, 3603-3604 2011-1147 Codex Alimentarius Commission, Codex Committee on Pesticide Residues, 3601-3603 2011-1143 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualified Products List for Engine Driven Pumps, 3604-3605 2011-1202 Meetings: Collaborative Forest Landscape Restoration Program Advisory Committee, 3605 2011-1071 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Required Scale Tests, 3485-3487 2011-1093 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Annual Update of HHS Poverty Guidelines, 3637-3638 2011-1237 Nominations for 2011 Healthy Living Innovation Awards, 3638-3639 2011-1180 Health Resources Health Resources and Services Administration NOTICES Meetings: National Advisory Council on the National Health Service Corps, 3639 2011-1112 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Section 3 Business Self-Certification Application, 3649-3650 2011-1156 Industry Industry and Security Bureau NOTICES Meetings: Materials Technical Advisory Committee, 3612 2011-1158 Transportation and Related Equipment Technical Advisory Committee, 3611-3612 2011-1159 Interior Interior Department See Land Management Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Circular Welded Carbon Steel Pipes and Tubes from Taiwan, 3612 2011-1162 Final Results of Countervailing Duty Administrative Review: Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 3613-3614 2011-1160 Final Results of Sunset Review and Revocation of Antidumping Duty Order: Granular Polytetrafluoroethylene Resin from Japan, 3614-3615 2011-1164 Justice Department Justice Department NOTICES Lodging of Consent Decreee Under the Clean Air Act, 3656-3657 2011-1107 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3650-3651 2011-1201 Filing of Plat of Survey: Eastern States; Louisiana, 3651 2011-1133 Meetings: Idaho Falls District Resource Advisory Council, 3651-3652 2011-1130 Management Management and Budget Office NOTICES 2010 Pay-As-You-Go (PAYGO) Report, 3657-3673 2011-1064 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council Commercial Space Committee, 3674 2011-1153 NASA Advisory Council Space Operations Committee, 3673-3674 2011-1152 National Credit National Credit Union Administration RULES Truth in Savings, 3487-3488 2011-1091 NOTICES Guidelines for the Supervisory Review Committee, 3674-3677 2011-1090 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3677 2011-1097 Meetings: Arts Advisory Panel, 3677 2011-1029 Arts and Artifacts Indemnity Panel, 3677-3678 2011-1089 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 3640-3641, 3643-3644 2011-1128 2011-1135 National Cancer Institute, 3641-3642 2011-1149 2011-1150 National Cancer Institute; Amended, 3641-3642 2011-1151 National Heart, Lung, and Blood Institute, 3641 2011-1146 National Human Genome Research Institute, 3642-3643 2011-1141 2011-1148 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 3539 2011-1181 PROPOSED RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Queen Conch Fishery of Puerto Rico and U.S. Virgin Islands; Management Measures, 3596-3598 2011-1182 NOTICES Applications: Marine Mammals; File No. 14259, 3615-3616 2011-1179 Meetings: Gulf of Mexico Fishery Management Council, 3616-3617 2011-1108 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Dog Management Plan, Golden Gate National Recreation Area, California, 3652-3653 2011-1085 Meetings: Big Cypress National Preserve Off-Road Vehicle Advisory Committee, 3653 2011-1084 Boston Harbor Islands National Recreation Area Advisory Council, 3654 2011-1069 Lake Clark National Park Subsistence Resource Commission, 3653-3654 2011-1083 National Register of Historic Places: Pending Nominations and Related Actions, 3654-3655 2011-1092 Navy Navy Department NOTICES Privacy Act; Systems of Records, 3618 2011-1087 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Advanced Boiling Water Reactor Aircraft Impact Design Certification Amendment, 3540-3561 2011-993 Proposed Generic Communications Reporting for Decommissioning Funding Status Reports, 3540 2011-1140 NOTICES Establishment of Atomic Safety And Licensing Board: FirstEnergy Nuclear Operating Co., 3678 2011-1139 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings: DOE Activities Related to Managing Spent Nuclear Fuel and High-Level Radioactive Waste, Las Vegas, NV, 3678-3679 2011-1088 Office of Management and Budget See Management and Budget Office Postal Regulatory Postal Regulatory Commission NOTICES Market Test of Marketing Mail Made Easy, 3679 2011-1096 Postal Service Postal Service NOTICES Market Test of Experimental Product: Marketing Mail Made Easy, 3679 2011-1155 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Martin Luther King, Jr., Federal Holiday (Proc. 8624), 3819-3820 2011-1303 Religious Freedom Day (Proc. 8623), 3815-3818 2011-1304 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Bunker Hill Groundwater Basin, Riverside-Corona Feeder Project, San Bernardino and Riverside Counties, CA, 3655-3656 2011-1127 Recovery Recovery Accountability and Transparency Board NOTICES Meetings: Recovery Independent Advisory Panel; Correction, 3679-3680 2011-1109 Rural Business Rural Business-Cooperative Service NOTICES Rural Business Enterprise Grant Program Applications: Grants to Provide Technical Assistance for Rural Transportation Systems, 3605-3608 2011-1110 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3680 2011-1073 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 3684-3686 2011-1078 NASDAQ OMX PHLX LLC, 3682-3684 2011-1081 NYSE Amex LLC, 3686-3688 2011-1077 NYSE Arca US LLC, 3680-3682 2011-1075 Options Clearing Corp., 3684 2011-1080 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3688-3690 2011-1028 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit Regarding Change of Name, 3690 2011-1186 Birth Affidavit, 3690-3691 2011-1187 Bureau of Educational and Cultural Affairs Request for Proposals: U.S. Pavilion at International Exposition Yeosu Korea 2012, Design, Development, Installation, Operation, and Final Disposition, 3691-3694 2011-1185 Establishment of Advisory Committee on 100,000 Strong Initiative, 3694-3695 2011-1157 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Western Kentucky Railway, LLC, in Webster, Union, Caldwell and Crittenden Counties, KY, 3696 2011-1184 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3649 2011-1048 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 3698-3742 2011-690 Part III Defense Department, 3744-3787 2011-976 Part IV Agriculture Department, 3790-3813 2011-968 Part V Presidential Documents, 3815-3820 2011-1303 2011-1304 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 13 Thursday, January 20, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 9 CFR Part 201 RIN 0580-AB10 Required Scale Tests AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture's
(USDA)Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending one section of the regulations under the Packers and Stockyards Act of 1921, as amended and supplemented (P&S Act), regarding the requirement that stockyard owners, market agencies, dealers, packers, and live poultry dealers that weigh livestock, live poultry, or feed, have their scales tested at least twice each calendar year at intervals of approximately 6 months. This final rule requires that regulated entities complete the first of the two scale tests between January 1 and June 30 of the calendar year. The remaining scale test must be completed between July 1 and December 31 of the calendar year. In addition, a minimum period of 120 days will now be required between these two tests. GIPSA is also including in this final rule an exception for the testing of scales with limited seasonal use. More frequent testing, however, will still be required in cases where a scale does not maintain accuracy between tests. Finally, we are amending that same section of the regulations to add “swine contractors” to the list of regulated entities to which the section applies. GIPSA believes that this final rule will facilitate GIPSA's ability to regulate the business operations of stockyard owners, swine contractors, market agencies, dealers, packers, and live poultry dealers through the effective enforcement of the P&S Act. DATES: This final rule becomes effective on February 22, 2011. FOR FURTHER INFORMATION CONTACT: S. Brett Offutt, Director, Policy and Litigation Division, P&SP, GIPSA, 1400 Independence Ave., SW., Washington, DC 20250,
(202)720-7363, *s.brett.offutt@usda.gov.* SUPPLEMENTARY INFORMATION: Background The Grain Inspection, Packers and Stockyards Administration (GIPSA) administers and enforces the P&S Act (7 U.S.C. 181 *et seq.* ). Under authority delegated to GIPSA by the Secretary of Agriculture in section 407(a) of the P&S Act (7 U.S.C. 228), we are authorized to issue regulations necessary to carry out the provisions of the P&S Act. Section 201.72 of the current regulations under the P&S Act (9 CFR 201.72) requires that each stockyard owner, market agency, dealer, packer, or live poultry dealer who weighs livestock, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement, or who weighs livestock carcasses for the purpose of purchase on a carcass weight basis, or who furnishes scales for such purposes, have such scales tested at least twice during each calendar year at intervals of approximately 6 months. Regulated entities must then report the results of the scale tests to the GIPSA Packers and Stockyards Program (P&SP) regional office for the geographical region where the scale is located. Section 201.71 of the regulations (9 CFR 201.71) requires that scales must meet all applicable requirements of the 2009 edition of the National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.” Under current procedures, the P&SP regional office, which has enforcement responsibility for the geographic location where a specific scale is located, notifies the regulated entity that its scale is due for testing in the event that the regulated entity has not filed a scale test report within the required 6-month timeframe. Thereafter, GIPSA sends the regulated entity a follow-up letter, or Notice of Default, if GIPSA does not receive the scale test report within 30 days from the date that the scale test report was due. Finally, if the regulated entity fails to provide GIPSA with the required test report, GIPSA issues to the regulated entity a Notice of Violation, used to inform the regulated entity that its scale test reports were not received within the required timeframe under P&S Act regulations. GIPSA also notifies the regulated entity that the scale may not be used further until the violation is corrected. Because the regulations now state that scale tests must be performed at “approximately” 6-month intervals, GIPSA has found that it is difficult to determine when a regulated entity may be in violation of the P&S Act for failing to submit a timely scale test report. As a result, GIPSA is amending § 201.72(a) (9 CFR 201.72(a)) of the P&SA regulations to delete the term “approximately” in order to clearly state that regulated entities must submit a scale test report to GIPSA every 6 months in a calendar year between the periods January 1 and June 30, and July 1 and December 31, respectively. GIPSA will continue to require more frequent testing of specific scales in cases where the scales do not maintain accuracy between tests. The Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171)
(Act)amended the P&S Act to add “swine contractor” as a regulated entity. Section 10502 of the Act defined swine contractor as “* * * any person engaged in the business of obtaining swine under a swine production contract for the purpose of slaughtering the swine or selling the swine for slaughter, if
(a)the swine is obtained by the person in commerce; or
(b)the swine (including products from the swine) obtained by the person is sold or shipped in commerce.” Adding “swine contractor” to specific sections of the regulations will dispel any confusion among swine contractors regarding which regulations under the P&S Act are applicable to them. It will also allow GIPSA to more easily identify and enforce violations of the P&S Act. GIPSA published a Notice of Proposed Rulemaking in the **Federal Register** on August 24, 2009, (74 FR 162) seeking public comment on the proposed changes to the regulations. The comment period on the proposed rule closed October 23, 2009. Discussion of Comments and Final Action GIPSA received 42 comments from livestock auction markets, livestock producers, livestock ranchers, related industry associations, State and county agencies, feed operations, a poultry grower, and the University of California's Cooperative Extension. The 42 comments received referenced our proposal to require that regulated entities have scales tested twice within each calendar year. Because no comments were received regarding our proposal to add swine contractors to the list of regulated entities, swine contractors will be added to the list of regulated entities in the final rule as proposed. Of the 42 comments received, two commenters supported the rule. One commenter recommended that we implement the rule as written; the other suggested that scales be tested more frequently. Six commenters submitted general statements that did not specifically address the timing of scale tests presented in our proposal, but instead objected to increased government regulations. Thirty-four commenters (including 14 from State and local government entities) questioned the need for more than one scale test per year, especially for scales that are used seasonally or only when livestock is being shipped during a certain time period of the year. Many commenters objected to our proposal stating that it would double their costs of compliance with the P&S Act, would place an unjust regulatory burden on small businesses, be costly to State and local governments charged with certifying the scales, and would make it difficult for regulated entities to obtain the services of a limited number of accredited scale testers. For example, one commenter from the Oregon Department of Agriculture stated that there are nearly 54,000 scales within the State's jurisdiction, and the State lacks the money to double the workload of its nine scale testers without a sharp increase in funding. Another commenter added that States would have difficulty scheduling additional inspectors even if the cost of the inspections was paid for by the regulated entities. Currently, the regulations require that scale tests be completed at least twice per calendar year. This is unchanged in the proposed regulations. Because we did not propose to increase the number of scale tests from the two tests required in the current regulations, GIPSA believes that there would be no increased burden on individuals or agencies responsible for scale testing as a result of this final rule. Twenty of the 40 commenters objecting to our proposed rule, however, suggested that GIPSA consider adding an exception to the current regulations that would allow scales used seasonally to be tested once per year. While GIPSA maintains that its initial proposal to delete the term “approximately” in order to clearly state that regulated entities must be required to complete a scale test twice in a calendar year was appropriate in order to clarify the regulations, we agree with the commenters' suggestion and will include in the final rule an exception for the testing of scales with limited seasonal use. A scale used from either January 1 through June 30, or July 1 through December 31, but not during both periods, will be considered by GIPSA to be a seasonal scale. GIPSA will require that these scales be tested once during each calendar year, within 6 months prior to use. Finally, GIPSA believes that many comments may have resulted from commenters believing that GIPSA was proposing regulations affecting everyone who owns scales, which is not the case. GIPSA's intent is that only regulated entities be affected by the proposed rule. Accordingly, GIPSA is replacing in the final rule all references to “scale owners,” with references to “regulated entities” to dispel any confusion that may have arisen from our proposal. Based on the foregoing discussion, we will therefore modify the proposed 201.72(a) (9 CFR 201.72(a)) in the final rule to
(1)provide an exception to the testing requirements for limited seasonal scales if they are used only once per calendar year and tested within 6 months prior to use, and
(2)delete from the second sentence the phrase “As a scale owner, * * *.” since the phrase, GIPSA believes, led many of the commenters to mistakenly believe that the regulation applies to non-regulated entities. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Also, pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), GIPSA has considered the economic impact of this final rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. The Small Business Administration
(SBA)defines small businesses by their North American Industry Classification System Codes. 1 The affected entities and size thresholds under this final rule are defined by the SBA as small businesses as follows: NAICS code 12111, cattle producers; NAICS code 112210, hog producers and swine contractors; and NAICS codes 112320 and 112330, broiler and turkey producers if their sales are less than $750,000 per year, respectively. Live poultry dealers, NACIS code 31165; and hog and cattle slaughterers, NACIS code 311611, respectively, are considered as small businesses if they have fewer than 500 employees. Stockyards are found under NACIS code 424520, “Livestock Merchant Wholesalers,” and are considered to be small businesses if they have fewer than 100 employees. 1 See: *http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.* According to the 2008 Annual Report, Packers and Stockyards Program, 2 published on March 1, 2009, there were 339 bonded livestock slaughter firms, 126 live poultry dealers, 4,685 bonded dealers, 1,326 bonded market agencies, and 1,392 posted stockyards operating subject to the P&S Act. While many of these entities are considered as small businesses by the SBA, we believe that this final rule will not affect those entities significantly since all of the entities, as regulated entities, are already required to report scale tests results to GIPSA twice in a calendar year at 6-month intervals. Again, we are amending the regulations to clarify the time interval between required scale tests in order to enhance GIPSA's ability to enforce the P&S Act. Furthermore, this final rule reduces the number of tests required for scales operated on a seasonal basis by regulated entities. And while this final rule also affects swine contractors, most such entities do not meet the definition for small entities under the SBA. Accordingly, we have considered the effects of this final rule under the RFA and believe that it will not have a significant impact on a substantial number of small entities. 2 See: *http://archive.gipsa.usda.gov/pubs/2008_psp_annual_report.pdf.* Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. These actions are not intended to have retroactive effect. This rule would not pre-empt state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction Act In accordance with the Office of Management and Budget regulations (5 CFR part 1320) that implement the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the information collection and record keeping requirements that are covered by this final rule were approved under OMB number 0580-0015 on January 30, 2009, and expire on January 31, 2011. E-Government Act Compliance GIPSA 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. List of Subjects in 9 CFR Part 201 Reporting and recordkeeping requirements, Measurement standards, Trade practices. For the reasons set forth in the preamble, 9 CFR part 201 is amended as follows: PART 201—REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT 1. The authority citation for part 201 would continue to read as follows: Authority: 7 U.S.C. 181-229c. 2. Section 201.72 is revised to read as follows: § 201.72 Scales; testing of.
(a)As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock or live poultry, or who weighs livestock carcasses for the purpose of purchase on a carcass weight basis, or who furnishes scales for such purposes, you must have your scales tested by competent persons at least twice during each calendar year. You must complete the first of the two scale tests between January 1 and June 30 of the calendar year. The remaining scale test must be completed between July 1 and December 31 of the calendar year. You must have a minimum period of 120 days between these two tests. More frequent testing will be required in cases where the scale does not maintain accuracy between tests. *Except that* if scales are used on a limited seasonal basis (during either the 6-month period of January through June or July through December, but not both) for purposes of purchase, sale, acquisition, payment or settlement, the stockyard owner, swine contractor, market agency, dealer, live poultry dealer, or packer making use of such scales, must complete one scale test within 6-months prior to use.
(b)As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, livestock carcasses, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock, livestock carcasses or live poultry, you must furnish reports of tests and inspections on forms approved by the Administrator. You must retain one copy of the test and inspection report for yourself, and file a second copy with the P&SP regional office for the geographical region where the scale is located.
(c)When scales used for weighing livestock, livestock carcasses, live poultry, or feed are tested and inspected by a State agency, municipality, or other governmental subdivision, the forms used by such agency for reporting such scale tests and inspections may be accepted in lieu of the forms approved for this same purpose by the Administrator if the forms contain substantially the same information. J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2011-1093 Filed 1-19-11; 8:45 am]
Connectionstraces to 4
Traces to 4 documents
7 references not yet in our index
- 9 CFR 201
- 9 CFR 201.72
- 9 CFR 201.71
- 9 CFR 201.72(a)
- Pub. L. 107-171
- 5 CFR 1320
- 7 USC 181-229c
Citation graph
cites case law
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Final rule
Cite9 CFR 201
Cite9 CFR 201.72
Cite9 CFR 201.71
Cite9 CFR 201.72(a)
Pub. L.Pub. L. 107-171
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