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.

Rules and Regulations Federal Register

62695 

Vol. 88, No. 176 

Wednesday, September 13, 2023 

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. 

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: 

Laurel.May@usda.gov. 

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 § 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 § 206.3(c) is currently 

identified as Form P&SP 341. This rule 

revises § 206.3(c) to show the report’s 

OMB reassignment as Form PSD 341. 

Additionally, this rule corrects a 

typographical error in § 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 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 7 U.S.C. 181—229c. 

■ 2. In § 201.2, revise paragraphs (d) and 

(f) to read as follows: 

§ 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. 

* * * * * 

§ 201.17 [Amended] 

■ 3. In § 201.17 (a), remove the text 

‘‘regional supervisor’’ and add in its 

place the text ‘‘Regional Director’’ 

wherever it appears. 


ddrumheller on DSK120RN23PROD with RULES1
62696 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Rules and Regulations 

§ 201.28 [Amended] 

■ 4. In § 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 Director’’. 

§ 201.42 [Amended] 

■ 5. In § 201.42 (g), remove the word 

‘‘party’’ and add in its place the word 

‘‘part’’. 

§ 201.72 [Amended] 

■ 6. In § 201.72(b), remove the term 

‘‘P&SP’’ and add in its place the term 

‘‘PSD’’. 

§ 201.73–1 [Amended] 

■ 7. In § 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 Division’’. 

§ 201.108–1 [Amended] 

■ 8. In § 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 

■ 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. 

§ 202.2 [Amended] 

■ 10. In § 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. 

§ 206.2 [Amended] 

■ 12. In § 206.2(e), remove the text 

‘‘Form P&SP 342’’ and add in its place 

the text ‘‘Form PSD 342’’. 

§ 206.3 [Amended] 

■ 13. In § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 23–10] 

RIN 1515–AE80 

Import Restrictions on Ethnological 

Material of Peru 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations to reflect the addition 

of several categories of ethnological 

material of Peru to the existing import 

restrictions and to clarify descriptions of 

certain categories of archaeological and 

ethnological material of Peru. The 

United States has entered into an 

agreement with Peru that supersedes the 

prior agreement and amends the import 

restrictions that became effective on 

June 9, 2022. The restrictions, originally 

imposed by Treasury Decision 97–50, 

and recently extended by CBP Decision 

22–11 for an additional five-year period, 

will continue with the addition of these 

categories of ethnological material 

through June 9, 2027, and the CBP 

regulations are being amended to reflect 

these additions. The Designated List of 

archaeological and ethnological material 

of Peru to which the restrictions apply 

is reproduced below. 

DATES: Effective September 13, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, W. Richmond Beevers, 

Chief, Cargo Security, Carriers and 

Restricted Merchandise Branch, 

Regulations and Rulings, Office of 

Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For 

operational aspects, Julie L. Stoeber, 

Chief, 1USG Branch, Trade Policy and 

Programs, Office of Trade, (202) 945– 

7064, 1USGBranch@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.) (CPIA), which 

implements the 1970 United Nations 

Educational, Scientific and Cultural 

Organization (UNESCO) Convention on 

the Means of Prohibiting and Preventing 

the Illicit Import, Export and Transfer of 

Ownership of Cultural Property (823 

U.N.T.S. 231 (1972)) (Convention), 

allows for the conclusion of an 

agreement between the United States 

and another party to the Convention to 

impose import restrictions on eligible 

archaeological and ethnological 

materials. Under the CPIA and the 

applicable U.S. Customs and Border 

Protection (CBP) regulations, found in 

§ 12.104 of title 19 of the Code of 

Federal Regulations (19 CFR 12.104), 

the restrictions are effective for no more 

than five years beginning on the date on 

which an agreement enters into force 

with respect to the United States (19 

U.S.C. 2602(b)). This period may be 

extended for additional periods, each 

extension not to exceed five years, if it 

is determined that the factors justifying 

the initial agreement still pertain and no 

cause for suspension of the agreement 

exists (19 U.S.C. 2602(e); 19 CFR 

12.104g(a)). 

In certain limited circumstances, the 

CPIA authorizes the imposition of 

restrictions on an emergency basis (19 

U.S.C. 2603). The emergency 

restrictions are effective for no more 

than five years from the date of the State 

Party’s request and may be extended for 

three years where it is determined that 

the emergency condition continues to 

apply with respect to the covered 

material (19 U.S.C. 2603(c)(3)). These 

restrictions may also be continued 

pursuant to an agreement concluded 

within the meaning of the CPIA (19 

U.S.C. 2603(c)(4)). Additionally, after 

any agreement enters into force either 

through an agreement or emergency 

action, CBP will by regulation 

promulgate (and when appropriate 

revise) a list of the archaeological or 

ethnological material of the State Party 

covered by the agreement or by such 

emergency action (19 U.S.C. 2604). 

On May 7, 1990, the former United 

States Customs Service published 

Treasury Decision (T.D.) 90–37 

amending 19 CFR 12.104g(b) to reflect 

the imposition of emergency restrictions 

on the importation of archaeological 

materials from the Sipa ́n Archaeological 

Regions, forming part of the remains of 

the Moche culture. Subsequently, on 

June 27, 1994, the former United States 

Customs Service published T.D. 94–54, 

amending 19 CFR 12.104g(b) to reflect 


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