82 FR 37171 - Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 82, Issue 152 (August 9, 2017)

Page Range		37171-37171
FR Document		2017-16786

This final rule amends the scope and applicability of the U.S. Department of Agriculture's (USDA) uniform rules of practice governing adjudicatory proceedings to include actions initiated under subtitles B and D of the Agricultural Marketing Act of 1946, as amended (1946 Act).

Federal Register, Volume 82 Issue 152 (Wednesday, August 9, 2017)

[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Rules and Regulations]
[Page 37171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16786]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

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Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / 
Rules and Regulations

[[Page 37171]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. AMS-LPS-16-0051]
RIN-0581-AD58


Rules of Practice Governing Formal Adjudicatory Proceedings 
Instituted by the Secretary Under Various Statutes

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the scope and applicability of the U.S. 
Department of Agriculture's (USDA) uniform rules of practice governing 
adjudicatory proceedings to include actions initiated under subtitles B 
and D of the Agricultural Marketing Act of 1946, as amended (1946 Act).

DATES: Effective August 9, 2017.

FOR FURTHER INFORMATION CONTACT: Michael Lynch, Director; Livestock, 
Poultry, and Grain Market News Division; Livestock, Poultry, and Seed 
Program; AMS, USDA, Room 2619-S, STOP 0252; 1400 Independence Avenue 
SW., Washington, DC 20250-0251; telephone (202) 720-4868; fax (202) 
690-3732; or email [email protected].

SUPPLEMENTARY INFORMATION: USDA's uniform rules of practice (7 CFR part 
1, subpart H), which govern the conduct of adjudicatory proceedings 
under numerous statutes, have been in effect since February 1, 1977. 
Under this final rule, subtitles B (Livestock Mandatory Reporting) and 
D (Country of Origin Labeling) of the 1946 Act (7 U.S.C. 1621 et seq.) 
are governed by these uniform procedures to ensure consistency and 
uniformity in the conduct of USDA's administrative activities.
    Subtitle B (7 U.S.C. 1635-1636i) of the 1946 Act authorizes the 
Secretary, having given notice and an opportunity for hearing, to 
assess civil penalties (fines) against any packer (as defined therein) 
or other person that violates Livestock Mandatory Reporting regulations 
(7 U.S.C. 1636b). Each civil penalty assessed by the Secretary may be 
no more than $10,000 for each violation, as adjusted by 7 CFR 3.91.
    Subtitle D (7 U.S.C. 1638-1638d) of the 1946 Act authorizes the 
Secretary to take enforcement actions, including civil penalties 
(fines), against a retailer (as defined by the Perishable Agricultural 
Commodities Act (7 U.S.C. 499a(b)(11)) or any person engaged in the 
business of supplying a covered commodity to a retailer, that is 
determined, after providing notice and an opportunity for a hearing 
before the Secretary with respect to the violation, not to have made 
good faith effort to comply with Country of Origin Labeling regulations 
and has continued to willfully violate these regulations.
    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals this action would not have 
substantial and direct effects on Tribal governments and would not have 
significant Tribal implications.
    This rule does not meet the definition of a significant regulatory 
action contained in section 3(f) of Executive Order 12866, and is not 
subject to review by the Office of Management and Budget (OMB). 
Additionally, because this rule does not meet the definition of a 
significant regulatory action it does not trigger the requirements 
contained in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs'[thinsp]'' (February 2, 2017).
    Pursuant to 5 U.S.C. 553, notice of proposed rulemaking and 
opportunity for comment are not required for this rule regarding agency 
procedure or practice, and it may be made effective less than 30 days 
after publication in the Federal Register.
    In addition, under 5 U.S.C. 804, this action is not subject to 
congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121).
    Finally, this action is not a rule as defined by the Regulatory 
Flexibility Act (5 U.S.C. 601-612) and is thus exempt from the 
provisions of that Act.
    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Antitrust, Claims, 
Cooperatives, Courts, Equal access to justice, Fraud, Freedom of 
information, Government employees, Indemnity payments, Lawyers, Motion 
pictures, Penalties, Privacy.

    For the reasons set forth in the preamble, 7 CFR part 1 is amended 
as follows:

PART 1--ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, unless otherwise noted.

0
2. The authority citation for subpart H is revised to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C 61, 87e, 228, 268, 499o, 
608c(14), 1592, 1624(b), 1636b, 1638b, 2151, 2279e, 2621, 2714, 
2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6519, 
6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d, 
1540(f), 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127, 134e, 134f, 
135a, 154, 463(b), 621, 1043; 30 U.S.C. 185(o)(1); 43 U.S.C. 1740; 7 
CFR 2.27, 2.35.


0
3. Amend Sec.  1.131 in paragraph (a) by adding in alphabetical order 
an entry for ``Agricultural Marketing Act of 1946'' to read as follows:


Sec.  1.131  Scope and applicability of this subpart.

    (a) * * *
    Agricultural Marketing Act of 1946, as amended, section 253 (7 
U.S.C. 1636b) and section 283 (7 U.S.C. 1638b).
* * * * *

    Dated: August 4, 2017.
Sonny Perdue,
Secretary.
[FR Doc. 2017-16786 Filed 8-8-17; 8:45 am]
 BILLING CODE 3410-02-P

37171

Rules and Regulations Federal Register
Vol. 82, No. 152

Wednesday, August 9, 2017

This section of the FEDERAL REGISTER therein) or other person that violates This rule contains no information
contains regulatory documents having general Livestock Mandatory Reporting collection or recordkeeping
applicability and legal effect, most of which regulations (7 U.S.C. 1636b). Each civil requirements under the Paperwork
are keyed to and codified in the Code of penalty assessed by the Secretary may Reduction Act of 1995 (44 U.S.C. 3501–
Federal Regulations, which is published under be no more than $10,000 for each
50 titles pursuant to 44 U.S.C. 1510. 3520).
violation, as adjusted by 7 CFR 3.91.
Subtitle D (7 U.S.C. 1638–1638d) of List of Subjects in 7 CFR Part 1
The Code of Federal Regulations is sold by
the Superintendent of Documents. the 1946 Act authorizes the Secretary to
Administrative practice and
take enforcement actions, including
procedure, Antitrust, Claims,
civil penalties (fines), against a retailer
DEPARTMENT OF AGRICULTURE Cooperatives, Courts, Equal access to
(as defined by the Perishable
Agricultural Commodities Act (7 U.S.C. justice, Fraud, Freedom of information,
Office of the Secretary 499a(b)(11)) or any person engaged in Government employees, Indemnity
the business of supplying a covered payments, Lawyers, Motion pictures,
7 CFR Part 1 commodity to a retailer, that is Penalties, Privacy.
[Docket No. AMS–LPS–16–0051] determined, after providing notice and For the reasons set forth in the
an opportunity for a hearing before the preamble, 7 CFR part 1 is amended as
RIN–0581–AD58
Secretary with respect to the violation, follows:
Rules of Practice Governing Formal not to have made good faith effort to
Adjudicatory Proceedings Instituted by comply with Country of Origin Labeling PART 1—ADMINISTRATIVE
the Secretary Under Various Statutes regulations and has continued to REGULATIONS
willfully violate these regulations.
AGENCY: Office of the Secretary, USDA. This action has been reviewed in ■ 1. The authority citation for part 1
ACTION: Final rule. accordance with the requirements of continues to read as follows:
Executive Order 13175, Consultation
SUMMARY: This final rule amends the Authority: 5 U.S.C. 301, unless otherwise
and Coordination with Indian Tribal
scope and applicability of the U.S. noted.
Governments. The review reveals this
Department of Agriculture’s (USDA)
action would not have substantial and ■ 2. The authority citation for subpart H
uniform rules of practice governing
direct effects on Tribal governments and is revised to read as follows:
adjudicatory proceedings to include
would not have significant Tribal
actions initiated under subtitles B and D Authority: 5 U.S.C. 301; 7 U.S.C 61, 87e,
implications.
of the Agricultural Marketing Act of 228, 268, 499o, 608c(14), 1592, 1624(b),
This rule does not meet the definition
1946, as amended (1946 Act). 1636b, 1638b, 2151, 2279e, 2621, 2714, 2908,
of a significant regulatory action
DATES: Effective August 9, 2017. contained in section 3(f) of Executive 3812, 4610, 4815, 4910, 6009, 6107, 6207,
FOR FURTHER INFORMATION CONTACT: Order 12866, and is not subject to 6307, 6411, 6519, 6520, 6808, 7107, 7734,
Michael Lynch, Director; Livestock, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f),
review by the Office of Management and
Poultry, and Grain Market News 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127,
Budget (OMB). Additionally, because
Division; Livestock, Poultry, and Seed 134e, 134f, 135a, 154, 463(b), 621, 1043; 30
this rule does not meet the definition of
Program; AMS, USDA, Room 2619–S, U.S.C. 185(o)(1); 43 U.S.C. 1740; 7 CFR 2.27,
a significant regulatory action it does
STOP 0252; 1400 Independence Avenue 2.35.
not trigger the requirements contained
SW., Washington, DC 20250–0251; in Executive Order 13771. See OMB’s ■ 3. Amend § 1.131 in paragraph (a) by
telephone (202) 720–4868; fax (202) Memorandum titled ‘‘Interim Guidance adding in alphabetical order an entry for
690–3732; or email Michael.Lynch@ Implementing Section 2 of the Executive ‘‘Agricultural Marketing Act of 1946’’ to
ams.usda.gov. Order of January 30, 2017 titled read as follows:
SUPPLEMENTARY INFORMATION: USDA’s ‘Reducing Regulation and Controlling
uniform rules of practice (7 CFR part 1, Regulatory Costs’ ’’ (February 2, 2017). § 1.131 Scope and applicability of this
subpart H), which govern the conduct of Pursuant to 5 U.S.C. 553, notice of subpart.
adjudicatory proceedings under proposed rulemaking and opportunity
(a) * * *
numerous statutes, have been in effect for comment are not required for this
since February 1, 1977. Under this final rule regarding agency procedure or Agricultural Marketing Act of 1946, as
rule, subtitles B (Livestock Mandatory practice, and it may be made effective amended, section 253 (7 U.S.C. 1636b)
Reporting) and D (Country of Origin less than 30 days after publication in the and section 283 (7 U.S.C. 1638b).
Labeling) of the 1946 Act (7 U.S.C. 1621 Federal Register. * * * * *
et seq.) are governed by these uniform In addition, under 5 U.S.C. 804, this
Dated: August 4, 2017.
procedures to ensure consistency and action is not subject to congressional
uniformity in the conduct of USDA’s review under the Small Business Sonny Perdue,
administrative activities. Regulatory Enforcement Fairness Act of Secretary.
Subtitle B (7 U.S.C. 1635–1636i) of 1996 (Pub. L. 104–121). [FR Doc. 2017–16786 Filed 8–8–17; 8:45 am]
the 1946 Act authorizes the Secretary, Finally, this action is not a rule as BILLING CODE 3410–02–P
having given notice and an opportunity defined by the Regulatory Flexibility
for hearing, to assess civil penalties Act (5 U.S.C. 601–612) and is thus
(fines) against any packer (as defined exempt from the provisions of that Act.

VerDate Sep<11>2014 14:39 Aug 08, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 9990 E:\FR\FM\09AUR1.SGM 09AUR1

Document Created: 2017-08-09 02:17:55
Document Modified: 2017-08-09 02:17:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective August 9, 2017.
Contact		Michael Lynch, Director; Livestock, Poultry, and Grain Market News Division; Livestock, Poultry, and Seed Program; AMS, USDA, Room 2619-S, STOP 0252; 1400 Independence Avenue SW., Washington, DC 20250-0251; telephone (202) 720-4868; fax (202) 690-3732; or email [email protected]
FR Citation		82 FR 37171
CFR Associated		Administrative Practice and Procedure; Antitrust; Claims; Cooperatives; Courts; Equal Access to Justice; Fraud; Freedom of Information; Government Employees; Indemnity Payments; Lawyers; Motion Pictures; Penalties and Privacy

82 FR 37171 - Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes

DEPARTMENT OF AGRICULTUREOffice of the Secretary

Federal Register Volume 82, Issue 152 (August 9, 2017)

DEPARTMENT OF AGRICULTURE
Office of the Secretary