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GAO-17-338R 1 (2017-01-12)

handle is hein.gao/gaobadtan0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-328704 January 12, 2017 The Honorable Pat Roberts Chairman The Honorable Debbie Stabenow Ranking Member Committee on Agriculture, Nutrition, and Forestry United States Senate The Honorable K. Michael Conaway Chairman The Honorable Collin C. Peterson Ranking Member Committee on Agriculture House of Representatives Subject: Department of Agriculture, Grain Inspection, Packers and Stockyards Administration: Scope of Sections 202(a) and (b) of the Packers and Stockyards Act Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Agriculture, Grain Inspection, Packers and Stockyards Administration (GIPSA) entitled Scope of Sections 202(a) and (b) of the Packers and Stockyards Act (RIN: 0580-AB25). We received the rule on December 29, 2016. It was published in the Federal Register as an interim final rule; request for comments on December 20, 2016, and has an effective date of February 21, 2017. 81 Fed. Reg. 92,566. The interim final rule clarifies that conduct or action may violate sections 202(a) and (b) of the Packers and Stockyards Act without adversely affecting, or having a likelihood of adversely affecting competition. This interim final rule also reiterates the Department of Agriculture's longstanding interpretation that not all violations of the Packers and Stockyards Act require a showing of harm or likely harm to competition. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). This interim final rule was published in the Federal Register on December 20, 2016. 81 Fed. Reg. 92,566. It was received on December 29, 2016, and has an effective date of February 21, 2017. Therefore, the interim final rule does not have the required 60-day delay in its effective date. Enclosed is our assessment of GIPSA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. With the exception of the 60-day delay in effective date requirement, our review of the procedural steps taken indicates that GIPSA complied with the applicable requirements. GAO-17-338R

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