Federal Register / Vol. 61, No. 133 / Wednesday, July 10, 1996 / Rules and Regulations 36279

clarified to avoid confusion and keep

persons from filing suit against a surety

company 15 or 18 months after a

transaction when no claim was ever

filed against the bond.

The Agency believes that the language

in § 201.33 is sufficiently clear and does

not believe it is necessary to define

‘‘date of transaction’’ or to modify

paragraph (d). In addition, § 409 of the

P&S Act provides a basis for when

payment is due in subject transactions.

Under § 409, payment must be made by

the close of the next business day

following the purchase of livestock and

transfer of possession thereof. After

considering these comments, the

Agency has decided to retain § 201.33 in

its present form.

The proposed changes in

§ 201.27(b)(1) and (b)(2) and in

§ 201.34(c) do not impose or change any

recordkeeping or information collection

requirements. Existing requirements in

these regulations have been previously

approved by OMB under control No.

0590–0001.

As provided by the Regulatory

Flexibility Act, it is hereby certified that

these amended rules will not have

significant economic impact on a

substantial number of small entities and

a statement explaining the reasons for

the certification is set forth in the

following paragraph and is being

provided to the Chief Counsel for

Advocacy of the Small Business

Administration.

While these proposed amended rules

impact small entities, they will not have

a significant economic impact on any

entity, large or small. The primary effect

of the changes in rules § 201.27(b)(1)

and (b)(2) is to permit funds pledged

under bond equivalents to be on deposit

or in accounts that are Federally insured

and to permit Federally-insured banks

and other institutions to issue letters of

credit. Eligible institutions would no

longer be restricted to those banks or

institutions insured by FDIC. The

primary effect of the rule change in

§ 201.34(c) is to include the termination

of trust agreements.

These rules have been determined to

be not significant for purposes of

Executive Order 12866 and, therefore,

have not been reviewed by OMB. These

amendments do not impose any new

paperwork requirements and do not

have implications for Federalism under

the criteria for E.O. 12612.

This final rule has been reviewed

under E.O. 12778, Civil Justice Reform.

This action is not intended to have

retroactive effect. This rule does not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

List of Subjects in 9 CFR Part 201

Bonding, Dealer, Market Agency,

Packer, Registration.

Done at Washington, D.C., on this 1st day

of July 1996.

James R. Baker,

Administrator, Grain Inspection, Packers and

Stockyards Administration.

For the reasons set forth in the

preamble, the Grain Inspection, Packers

and Stockyards Administration will

amend 9 CFR part 201 as follows:

PART 201—[AMENDED]

1. The authority citation for part 201

continues to read as follows:

Authority: 7 U.S.C. 204, 228: 7 CFR 2.17(e),

2.56.

2. Revise § 201.27(b) to read as

follows:

§ 201.27 Underwriter: equivalent in lieu of

bonds; standard forms.

* * * * *

(b) Any packer, market agency, or

dealer required to maintain a surety

bond under these regulations may elect

to maintain, in whole or partial

substitution for such surety bond, a

bond equivalent, or combination

thereof, must be the total amount of the

surety bond otherwise required under

these regulations. Any such bond

equivalent must be in the form of:

(1) A trust fund agreement governing

funds actually deposited or invested in

fully negotiable obligations of the

United States or Federally-insured

deposits or accounts in the name of and

readily convertible to currency by a

trustee as provided in § 201.32, or

(2) A trust agreement governing funds

which may be drawn by a trustee as

provided in § 201.32, under one or more

irrevocable, transferrable, standby

letters of credit, issued by a Federallyinsured bank or institution and

physically received and retained by

such trustee.

* * * * *

3. Revise § 201.34(c) as follows:

§ 201.34 Termination of market agency,

dealer and packer bonds.

* * * * *

(c) Each trust fund agreement and

trust agreement shall contain a

provision requiring that, prior to

terminating such agreement, at least 30

days notice in writing shall be given to

the Administrator, Grain Inspection,

Packers and Stockyards Administration,

U.S. Department of Agriculture,

Washington, D.C. 20250, by the party

terminating the agreement. Such

provision shall state that in the event

the principal named therein files an

acceptable bond or bond equivalent to

replace the agreement, the 30-day notice

requirement may be waived and the

agreement will be terminated as of the

effective date of the replacement bond

or bond equivalent.

* * * * *

[FR Doc. 96–17358 Filed 7–9–96; 8:45 am]

BILLING CODE 3410–EN–P

9 CFR Part 201

RIN 0580–AA44

Regulations and Statements of General

Policy Issued Under the Packers and

Stockyards Act

AGENCY: Grain Inspection, Packers and

Stockyards Administration (GIPSA),

USDA.

ACTION: Final rule.

SUMMARY: As part of GIPSA’s efforts to

review and streamline its regulations,

proposed amendments to rules issued

under the Packers and Stockyards Act (7

U.S.C. 181 et seq.) were published in the

Federal Register (60 FR 29506) on June

5, 1995, and identified as Group II. This

document adopts proposed changes

which modify six trade practice

regulations and retains seven

regulations and seven statements of

general policy in their present form.

EFFECTIVE DATE: August 9, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel Van Ackeren, Director, Livestock

Marketing Division, 202–720–6951, or

Tommy Morris, Director, Packer and

Poultry Division, 202–720–7363.

SUPPLEMENTARY INFORMATION: In

response to the proposed rule published

in the Federal Register (60 FR 29506),

the Agency received comments from

four organizations and two companies.

Although the Agency did not propose

any changes to § 201.43, a poultry

growers association suggested that a

new paragraph be added to § 201.43 to

require live poultry dealers to maintain

certain records for flock placements.

After considering the comment, the

Agency has concluded that this

regulation will be retained in its present

form. The Agency believes that § 401 of

the P&S Act adequately addresses the

issue of record maintenance.

The Agency received three comments

regarding § 201.49. A livestock trade

association agrees with the proposed

amendment. A major hog slaughterer

suggests that records be retained for lot

summaries instead of individual
36280 Federal Register / Vol. 61, No. 133 / Wednesday, July 10, 1996 / Rules and Regulations

weights. They feel that the volume of

the records for the individual weights

would be too impractical to maintain. A

cattle producers association stated that

this regulation is consistent with its

policy.

As proposed, § 201.49 (a) will be

amended to specifically state that all

scales used to purchase livestock on a

dressed weight basis be equipped with

printing devices. The Agency will

amend subsection (b) of § 201.49 to

require weighmaster identification on

executed poultry scale tickets that is

uniform with identification required by

livestock weighers.

The cattle producers association

suggested that the Agency closely

monitor § 201.53 and help to ensure that

information released to the beef

industry is accurate and timely. After

considering the comment, the Agency

has concluded that this regulation will

be retained in its present form. The

Agency believes this regulation

adequately addresses the importance of

accurate information.

No comments were received regarding

the proposed amendment to § 201.55 to

include the purchase, sale, acquisition

and settlement of live poultry.

The Agency received two comments

regarding § 201.71. One livestock trade

association and a livestock producers

association agreed with the proposed

amendment. As proposed, § 201.71(a)

will be amended to incorporate by

reference the 1996 edition of the

National Institute of Standards and

Technology (NIST) Handbook 44.

Section 201.71(b) will be amended to

require that scales used to purchase

livestock on a carcass weight basis be

equipped with printing devices.

The Agency received a comment

regarding § 201.73–1 from a livestock

trade association agreeing with the

technical change to this section. The

Agency will change § 201.73–1 to more

accurately reflect where forms are

available and where they are to be filed.

One hog slaughterer suggested that

§ 201.76 be clarified to state that any

reweighing of livestock be requested

immediately. They also pointed out that

the reweighing of dressed livestock

would be impossible after carcasses

have cleared the hot scale and entered

the cooler. After considering the

comment, the Agency has concluded

that this regulation will be retained in

its present form. The Agency believes

immediate reweighing can be

accomplished using other packer-owned

monorail scales installed before, after or

in rail-around areas near the kill floor

scale. Where other scales are not

available, reweighing can be

accomplished by using an Agencyowned portable monorail scale.

The Agency received a comment from

a livestock trade association regarding

§ 201.98 agreeing with the proposed

amendment. As proposed, § 201.98 will

be amended by adding the wording,

‘‘unless the charge is for services

mandated by law or statute.’’

The Agency received two comments

regarding § 201.100. A poultry growers

association suggested that paragraph (d)

be amended by adding a clause

prohibiting persons who are employees

and raise poultry under a poultry

growing arrangement for the same live

poultry dealer that employs them from

being included in a grouping or ranking

of non-employee growers. A farm

association commented that this section

is badly needed to make contract

growing fair for all growers. After

considering the comments, the Agency

concluded that this regulation will be

retained in its present form. Inclusion of

employee growers in a grouping or

ranking of all growers is not a violation

of the P&S Act unless they are treated

favorably over non-employee growers.

The Agency has authority to address

preferential or discriminatory treatment

under section 202 of the P&S Act.

No comments were received regarding

the proposed amendment to § 201.108–

1. As proposed, § 201.108–1 will be

amended by incorporating instructions

for weighing live poultry on electronic

scales with digital readouts.

As proposed, each of the following

regulations and statements of general

policy will be retained in its present

form:

Sec.

201.53 Persons subject to the Act not to

circulate misleading reports about

market conditions or prices.

201.69 Furishing information to competitor

buyers.

201.70 Restriction or limitation of

competition between packers and dealers

prohibited.

201.73 Scale operators to be qualified.

201.76 Reweighing.

201.100 Records to be furnished poultry

growers and sellers.

201.200 Sale of livestock to a packer on

credit.

203.2 Statement of general policy with

respect to the giving by meat packers of

meat and other gifts to Government

employees.

203.4 Statement with respect to the

disposition of records by packers, live

poultry dealers, stockyard owners,

market agencies and dealers.

203.7 Statement with respect to meat

packer sales and purchase contracts.

203.15 Trust benefits under sections 206

and 207 of the Act.

203.16 Mailing of checks in payment for

livestock purchased for slaughter, for

cash and not on credit.

203.18 Statement with respect to packers

engaging in the business of custom

feeding livestock.

203.19 Statement with respect to packers

engaging in the business of livestock

dealers or buying agencies.

In the process of reviewing these

regulations, it was determined that they

were necessary for the efficient and

effective enforcement of the P&S Act

and for the orderly conduct of the

marketing system. The absence of any of

the regulations would be detrimental to

the industry and could result in

increased litigation.

The Agency received a comment from

a farm association regarding § 203.4.

This policy statement notifies persons

subject to the P&S Act that certain

records may be disposed of after a

specific period of time. It also states that

the Deputy Administrator may require

that records be retained for a longer

period pending completion of an

investigation. The policy statement

advises that if records are disposed of

before the specified periods, the Agency

will consider taking formal action. The

farm association suggested that records

be retained for three (3) years or more.

After considering the comment, the

Agency has concluded that this policy

will be retained in its present form. The

two year retention schedule provided in

this section has not caused problems in

administering the provisions of the P&S

Act. Further, the Agency has the

authority to require that records be

retained for longer periods when

deemed necessary.

The Agency received a comment from

a cattle producers association regarding

§ 203.18. This policy statement notifies

packers that ownership or operation of

custom feedlots may, under certain

circumstances, result in a conflict of

interest or anticompetitive violations. It

suggests packers consult with the

Agency before commencing such

activity. The association urges the

Agency to closely scrutinize this policy

statement. Current authority under the

P&S Act is sufficient to allow the

Agency to review any arrangement that

may result in an unfair practice or

advantage. A per se prohibition of these

type of arrangements can only be

achieved by legislative action to amend

the P&S Act. For these reasons, no

changes are being made in § 203.18. The

Agency will continue to evaluate these

types of arrangements on a case-by-case

basis.

The Agency received a comment

regarding § 203.19 from a livestock trade

association. The association proposed
Federal Register / Vol. 61, No. 133 / Wednesday, July 10, 1996 / Rules and Regulations 36281

that this section be amended to prohibit

packers and their employees or agents

engaged in the business of a buying

agency from purchasing and reselling

classes or species of livestock which are

not part of their main business activity

as a packer. The Agency will not make

changes to § 203.19 at this time, but will

continue to evaluate each such

arrangement on a case-by-case basis. As

a practical matter, most packers consult

with the Agency before entering into

such arrangements. Amending this rule

to require such consultation does not

appear necessary. Attempting to shift

the burden of proof that the arrangement

does not restrain trade would not relieve

the Agency of the responsibility to

investigate and make a factual

determination.

The changes in §§ 201.49, 201.55,

201.71, 201.73–1, 201.98, and 201.108–

1 do not impose or change any

recordkeeping or information collection

requirements. Existing requirements in

these regulations have been previously

approved by OMB under Control No.

0590–0001.

As provided by the Regulatory

Flexibility Act, it is hereby certified that

these amended rules will not have a

significant economic impact on a

substantial number of small entities and

a statement explaining the reasons for

the certification is set forth in the

following paragraph and is being

provided to the Chief Counsel for

Advocacy of the Small Business

Administration.

While these amended rules impact

small entities, they will not have a

significant economic impact on any

entity, large or small. The primary effect

of the changes in §§ 201.49 and 201.71

is to require that when livestock is

purchased on the basis of carcass

weight, the scale used on such

purchases be equipped with a printer.

The primary effect of the change in

§ 201.55 is to require that when poultry

is bought, sold, acquired, or settled on

a weight basis, the actual weight on the

scale ticket be used for such purposes,

as is currently required for livestock.

The primary effect of the change in

§ 201.73–1 is to make a technical change

in the name of the Agency pursuant to

Public Law 103–354, the Federal Crop

Insurance Reform and the Department of

Agriculture’s Reorganization Act of

1994. The primary effect of the change

in § 201.98 is to allow packers and

dealers to charge for services that are

mandated by law or statute. The

primary effect of the change in

§ 201.108–1 is to update the regulation.

This rule has been determined to be

not significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by OMB. These

amendments do not impose any new

paperwork requirements and do not

have implications of Federalism under

the criteria of E.O. 12612.

These amendments have been

reviewed under E.O. 12778, Civil Justice

Reform, and are not intended to have

retroactive effect. These amendments

will not pre-empt State or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this amendment. Prior to judicial

challenge of the amendment to rule, a

party must first be found by the

Secretary to be in violation of the P&S

Act and in violation of the

accompanying regulations. Second, the

party must appeal that finding and the

validity of the regulation to the

Secretary in the course of the

administrative proceeding. Only after

taking these steps, may the party

challenge the regulation in a court of

competent jurisdiction.

List of Subjects in 9 CFR Part 201

Reporting and recordkeeping

requirements, Stockyards, Trade

practices, Incorporation by reference.

Done at Washington, D.C., this 1st day of

July 1996.

James R. Baker,

Administrator, Grain Inspection, Packers and

Stockyards Administration.

For the reasons set forth in the

preamble, 9 CFR Part 201 is amended to

read as follows:

1. The authority citation for Part 201

continues to read as follows:

Authority: 7 U.S.C. 204, 228; 7 CFR 2.17(e),

2.56.

2. Section 201.49 is revised to read as

follows:

§ 201.49 Requirements regarding scale

tickets evidencing weighing of livestock

and live poultry.

(a) Livestock. When livestock is

weighed for the purpose of purchase or

sale, a scale ticket shall be issued which

shall be serially numbered and used in

numerical sequence. Sufficient copies

shall be executed to provide a copy to

all parties to the transaction. In

instances where the weight values are

automatically recorded directly on the

account of purchase, account of sale or

other basic record, this record may serve

in lieu of a scale ticket. When livestock

is purchased on a carcass weight or

carcass grade and weight basis, the hot

carcass weights shall be recorded using

a scale equipped with a printing device,

and such printed weights shall be

retained as part of the person or firm’s

business records to substantiate

settlement on each transaction. Scale

tickets issued under this section shall

show:

(1) The names and location of the

agency performing the weighing service,

(2) The date of the weighing;

(3) The name of the buyer and seller

or consignor, or a designation by which

they may be readily identified;

(4) The number of head;

(5) Kind of livestock;

(6) Actual weight of each draft of

livestock; and

(7) The name, initials, or number of

the person who weighed the livestock,

or if required by State law, the signature

of the weigher.

(b) Poultry. When live poultry is

weighed for the purpose of purchase,

sale, acquisition, or settlement by a live

poultry dealer, a scale ticket shall be

issued which shall show:

(1) The name of the agency

performing the weighing service;

(2) The name of the live poultry

dealer;

(3) The name and address of the

grower, purchaser, or seller;

(4) The name or initials or number of

the person who weighed the poultry, or

if required by State law, the signature of

the weigher;

(5) The location of the scale;

(6) The gross weight, tare weight, and

net weight;

(7) The date and time gross weight

and tare weight are determined;

(8) The number of poultry weighed;

(9) The weather conditions;

(10) Whether the driver was on or off

the truck at the time of weighing; and

(11) The license number of the truck

or the truck number; provided, that

when live poultry is weighed on a scale

other than a vehicle scale, the scale

ticket need not show the information

specified in paragraphs (b)(9)–(11) of

this section. Scale tickets issued under

this paragraph shall be at least in

duplicate form and shall be serially

numbered and used in numerical

sequence. One copy shall be furnished

to the grower, purchaser, or seller, and

one copy shall be furnished to or

retained by the live poultry dealer.

(Approved by the Office of Management and

Budget under control number 0590–0001.)

3. Section 201.55 is revised to read as

follows:

§ 201.55 Purchases, sales, acquisitions,

and settlements to be made on actual

weights.

When livestock or live poultry is

bought, sold, acquired, or settled on a

weight basis, settlement therefor shall

be on the basis of the actual weight on

the scale ticket. If the actual weight used

is not obtained on the date and at the
36282 Federal Register / Vol. 61, No. 133 / Wednesday, July 10, 1996 / Rules and Regulations

place of transfer of possession, this

information shall be disclosed with the

date and location of the weighing on the

accountings, bills, or statement issued.

Any adjustment to the actual weights

shall be fully and accurately explained

on the accountings, bills, or statements

issued and records shall be maintained

to support such adjustment.

(Approved by the Office of Management and

Budget under control number 0590–0001.)

4. Section § 201.71 (a) and (b) is

revised to read as follows:

§ 201.71 Scales, accurate weights, repairs,

adjustments or replacements after

inspection.

(a) All scales used by stockyard

owners, market agencies, dealers,

packers, and live poultry dealers to

weigh livestock, livestock carcasses, or

live poultry for the purpose of purchase,

sale, acquisition, or settlement shall be

installed, maintained, and operated to

insure accurate weights. Such scales

shall meet applicable requirements

contained in the General Code, Scale

Code, and Weights Code of the 1996

edition of National Institute of

Standards and Technology Handbook

44, ‘‘Specifications, Tolerances, and

Other Technical Requirements for

Weighing and Measuring Devices,’’

which is hereby incorporated by

reference. This incorporation by

reference was approved by the Director

of the Federal Register on January 11,

1989. These materials are incorporated

as they exist on the date of approval and

a notice of any change in these materials

will be published in the Federal

Register. This handbook is for sale by

the Superintendent of Documents, U.S.

Government Printing Office,

Washington, D.C. 20402. It is also

available for inspection at the Office of

the Federal Register Information Center,

800 North Capitol Street, N.W., suite

700, Washington, D.C. 20408.

(b) All scales used by stockyard

owners, market agencies dealers,

packers, and live poultry dealers to

weigh livestock or live poultry for the

purpose of purchase, sale, acquisition,

or settlement and all scales used for the

purchase, sale, acquisition, or

settlement of livestock on a carcass

weight basis shall be equipped with a

printing device which shall be used for

recording weight values on a scale ticket

or other document used for this

purpose.

5. Section § 201.73–1 introductory

text is revised to read as follows:

§ 201.73–1 Instructions for weighing

livestock.

Stockyard operators, market agencies,

dealers, and packers who operate scales

on which livestock is weighed in

purchase or sales transactions are

responsible for the accurate weighing of

such livestock. They shall supply copies

of the instructions in this section to all

persons who perform weighing

operations for them and direct such

person to familiarize themselves with

the instructions and to comply with

them at all times. This section shall also

apply to any additional weighers who

are employed at any time. Weighers

must acknowledge their receipt of these

instructions and agree to comply with

them, by signing in duplicate, P&SA

Form 215 provided by the Packers and

Stockyards Programs. One copy of the

form is to be filed with a regional office

of the Packers and Stockyards Programs

and the other retained by the agency

employing the weighers.

6. Section § 201.98 is revised to read

as follows:

§ 201.98 Packers and dealers not to

charge, demand, or collect commission,

yardage, or other service charges.

No packer or dealer shall, in

connection with the purchase of

livestock in commerce, charge, demand,

or collect from the seller of the livestock

any compensation in the form of

commission, yardage, or other service

charge unless the charge is for services

mandated by law or statute and is not

inconsistent with the provisions of the

Act.

7. Section § 201.108–1 introductory

paragraph and paragraphs, (a) and (c)–

(f) are revised to read as follows:

§ 201.108–1 Instructions for weighing live

poultry.

Live poultry dealers who operate

scales on which live poultry is weighed

for purposes of purchase, sale,

acquisition, or settlement are

responsible for the accurate weighing of

such poultry. They shall supply copies

of the instructions in this section to all

persons who perform weighing

operations for them and direct such

persons to familiarize themselves with

the instructions and to comply with

them at all times. This section shall also

apply to any additional weighers who

are employed at any time. Weighers

must acknowledge their receipt of these

instructions and agree to comply with

them by signing in duplicate, a form

provided by the Packers and Stockyards

Programs, Grain Inspection, Packers and

Stockyards Administration. One copy of

this form is to be filed with a regional

office of the Packers and Stockyards

Programs, Grain Inspection, Packers and

Stockyards Administration and the

other copy retained by the Agency

employing the weighers. The following

instructions shall be applicable to the

weighing of live poultry on all scales,

except that paragraph (c)(1) of this

section is only applicable to the

weighing of live poultry on vehicle

scales.

(a) Balancing the empty scale. (1) The

scale shall be maintained in zero

balance at all times. The empty scale

shall be balanced each day before

weighing begins and thereafter its zero

balance shall be verified before any

poultry is weighed. In addition, the zero

balance of the scale shall be verified

whenever a weigher resumes weighing

duties after an absence from the scale.

(2) Before balancing the empty scale,

the weigher shall notify parties outside

the scale house of his/her intention and

shall be assured that no persons or

vehicles are in contact with the

platform. When the empty scale is

balanced and ready for weighing, the

weigher shall so indicate by appropriate

signal.

(3) Weighbeam scales shall be

balanced by first seating each poise

securely in its zero notch and then

moving the balance ball to such position

that a correct zero balance is obtained.

A scale equipped with a balance

indicator is correctly balanced when the

indicator comes to rest in the center of

the target area. A scale not equipped

with a balance indicator is correctly

balanced if the weighbeam, when

released at the top or bottom of the trig

loop, swings freely in the trig loop in

such manner that it will come to rest at

the center of the trig loop.

(4) Dial scales shall be balanced by

releasing all drop weights and operating

the balance ball or other balancing

device to obtain a correct zero balance.

The indicator must visibly indicate zero

on the dial reading face and the ticket

printer must record a correct zero

balance. ‘‘Balance tickets’’ shall be filed

with other scale tickets issued on that

date.

(5) Electronic digital scales should be

properly warmed up before use. In most

cases it is advisable to leave the electric

power on continuously. The zero

balance shall be verified by recording

the zero balance on a scale ticket. The

main indicating element and the remote

visual weight display shall indicate zero

when the balance is verified. The proper

procedure for balancing this type of

scale will vary according to the

manufacturer. Refer to the operator’s

manual for specific instructions.

(6) A balance ball or other balancing

device shall be operated only when

balancing the empty scale and shall not

be operated at any time or for any other

purpose.
Federal Register / Vol. 61, No. 133 / Wednesday, July 10, 1996 / Rules and Regulations 36283

(7) The time at which the empty scale

is balanced or its zero balance verified

shall be marked on scale tickets or other

permanent records.

* * * * *

(c) Weighing the load. (1) Vehicle

scales used to weigh live poultry shall

be of sufficient length and capacity to

weigh an entire vehicle as a unit;

provided, that a trailer may be

uncoupled from a tractor and weighed

as a single unit. Before weighing a

vehicle, either coupled or uncoupled,

the weigher shall be assured that the

entire vehicle is on the scale platform

and that no persons are on the scale

platform.

(i) On a weighbeam scale with a

balance indicator the weight of a vehicle

shall be determined by moving the

poises to such positions that the

indicator will come to rest within the

central target area.

(ii) On a weighbeam scale without a

balance indicator the weight shall be

determined by moving the poises to

such positions that the weighbeam,

when released from the top or bottom of

the trig loop, will swing freely in the trig

loop and come to rest at the

approximate center of the trig loop.

(iii) On a dial scale the weight of a

vehicle is indicated automatically when

the indicator revolves around the dial

face and comes to rest.

(iv) On an electronic digital scale the

weight of a vehicle is indicated

automatically when the weight value

indicated is stable.

(2) The correct weight is the value in

pounds indicated by a weighbeam, dial

or digital scale when a stable load

balance is obtained. In any case, the

weigher should concentrate on the beam

tip, balance indicator, dial or digital

indicator while weighing and not be

concerned with reading the visible

weight indications until a stable load

balance is obtained. On electronic

digital scales, the weigher should

concentrate on the pulsing or flickering

of weight values to assure that the unit

indicates a stable weight before

activating the print button.

(d) Recording the weight. (1) The

gross or tare weight shall be recorded

immediately after the load balance is

obtained and before any poises are

moved or load removed from the scale

platform. The weigher shall make

certain that the printed weight record

agrees with the weight value visibly

indicated on the weighbeam, dial or

digital indicator when correct load

balance is obtained. The weigher shall

also assure that the printed weight value

is sufficiently distinct and legible.

(2) The weight printing device on a

scale shall be operated only to produce

a printed or impressed record of the

weight while the load is on the scale

and correctly balanced. If the weight is

not printed clearly and correctly, the

ticket shall be marked void and a new

one printed before the load is removed

from the scale.

(e) Weigher’s responsibilities. (1) The

primary responsibility of a weigher is to

determine and record the true weight of

live poultry without prejudice or favor

to any person or agency and without

regard for poultry ownership, price,

condition, shrink, or other

considerations. A weigher shall not

permit the representations or attitudes

of any persons or agencies to influence

their judgment or action in performing

his/her duties.

(2) Scale tickets issued shall be

serially numbered and used in

numerical sequence. Sufficient copies

shall be executed to provide a copy to

all parties to the transaction. Unused

scale tickets or those which are partially

executed shall not be left exposed or

accessible to other parties. All such

tickets shall be kept under lock when

the weigher is not at his duty station.

(3) Accurate weighing and weight

recording require that a weigher shall

not permit operations to be hurried to

the extent that inaccurate weights or

incorrect weight records may result. The

gross, tare and net weights must be

determined accurately to the nearest

minimum graduation. Manual

operations connected with balancing,

weighing, and recording shall be

performed with the care necessary to

prevent damage to the accurately

machined and adjusted parts of

weighbeams, poises, and printing

devices. Rough handling of these parts

shall be avoided.

(4) Poultry growers, live poultry

dealers, sellers, or others having

legitimate interest in a load of poultry

are entitled to observe the balancing,

weighing, and recording procedures. A

weigher shall not deny such persons

that right or withhold from them any

information pertaining to the weight.

The weigher shall check the zero

balance of the scale or reweigh a load

of poultry when requested by such

parties or duly authorized

representatives of the administrator.

(f) General precautions. (1) The poises

of weighbeam scales are carefully

adjusted and sealed to a definite weight

at the factory and any change in that

weight seriously affects weighing

accuracy. A weigher, therefore, shall

observe if poise parts are broken, loose

or lost or if material is added to a poise

and shall report any such condition to

his/her superior or employer. Balancing

or weighing shall not be performed

while a scale ticket is in the slot of a

weighbeam poise.

(2) Stops are provided on scale

weighbeams to prevent movement of

poises back of the zero graduation when

balancing or weighing. When the stops

become worn or broken and allow a

poise to be set behind the zero position,

this condition must be reported by the

weigher to their superior or employer

and corrected without delay.

(3) Motion detection circuits are a part

of electronic scales. They are designed

to prevent the printing of weight values

if the load has not stabilized within

prescribed limits. The weighmaster’s

duty is to print the actual weight of the

load within these limits. This requires

printing the actual weight of the load,

not one of the other weights that may be

within the motion detection limits.

(4) Foreign objects or loose material in

the form of nuts, bolts, washers, or other

material on any part of the weighbeam

assembly, including the counter-balance

hanger or counter-balance weights, are

potential sources of weighing error.

Loose balancing material must be

enclosed in the shot cup of the counterbalance hanger and counter-balance

weights must not be of the slotted type

which can readily be removed.

(5) Whenever, for any reason, a

weigher has reason to believe that a

scale is not functioning properly or not

yielding correct weight values, the

weigher shall discontinue weighing,

report the facts to the parties

responsible for scale maintenance and

request inspection, test or repair of the

scale.

(6) When a scale has been adjusted,

modified, or repaired in any manner

which can affect the accuracy of

weighing or weight recording, the

weigher shall not use the scale until it

has been tested and inspected and

found to be accurate.

[FR Doc. 96–17359 Filed 7–9–96; 8:45 am]

BILLING CODE 3410–EN–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 96–ANE–12]

Amendment to Class E Airspace;

Pittsfield, MA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action confirms the

effective date of a rule, published on