82 FR 58097 - Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement, a Marketing Order, or Certain Research and Promotion Orders

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range		58097-58098
FR Document		2017-26718

The Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is adopting a final rule to amend the definition of ``judge'' in the rules of practice and procedure to formulate or amend a marketing agreement, marketing order, or certain research and promotion orders. The new definition adds a presiding official appointed by the Secretary, as well as an administrative law judge, as an official who may preside over the rulemaking hearing.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58097-58098]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26718]



========================================================================
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. 

========================================================================


Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / 
Rules and Regulations

[[Page 58097]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 900 and 1200

[Doc. No. AMS-SC-17-0081]
RIN 0581-AD74


Rules of Practice and Procedures To Formulate or Amend a 
Marketing Agreement, a Marketing Order, or Certain Research and 
Promotion Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) of the United States 
Department of Agriculture (USDA) is adopting a final rule to amend the 
definition of ``judge'' in the rules of practice and procedure to 
formulate or amend a marketing agreement, marketing order, or certain 
research and promotion orders. The new definition adds a presiding 
official appointed by the Secretary, as well as an administrative law 
judge, as an official who may preside over the rulemaking hearing.

DATES:  Effective Date: December 11, 2017.

FOR FURTHER INFORMATION CONTACT: William Richmond, Acting Chief of 
Staff, AMS, 1400 Independence Avenue SW., Washington, DC 20250, (202) 
720-5115.

SUPPLEMENTARY INFORMATION: AMS is issuing this final rule to amend the 
definition of ``judge'' in the rules of practice and procedure to 
formulate or amend a marketing agreement, marketing order, or certain 
research and promotion orders under 7 CFR part 900 and 1200.
    AMS has rules of practice and procedure to formulate marketing 
agreements and marketing orders under 7 CFR part 900. Those rules of 
practice and procedure are applicable to proceedings under the 
Agricultural Marketing Agreement Act of 1937, as amended [50 Stat. 
246]. In addition, rules of practice and procedure also exist for 
proceedings under the Cotton Research and Promotion Act, as amended [7 
U.S.C. 2101-2119], the Egg Research and Consumer Information Act, as 
amended [7 U.S.C. 2701-2718], the Pork Promotion, Research, and 
Consumer Information Act [7 U.S.C. 4801-4819], and the Potato Research 
and Promotion Act, as amended [7 U.S.C. 2611-2627]. Those rules appear 
under 7 CFR part 1200.
    The Administrative Procedure Act (APA) prescribes general 
procedures for agency rulemaking. See 5 U.S.C. 553. For rulemaking 
hearings, the APA provides ``there shall preside at the taking of 
evidence (1) the agency; (2) one or more members of the body which 
compromise the agency; or (3) one or more administrative law judges 
appointed under section 3105 of this title.'' 5 U.S.C. 556(b). Under 
both 7 CFR parts 900 and 1200, as defined, ``judge'' is limited to 
``any administrative law judge appointed pursuant to 5 U.S.C. 3105, and 
assigned to conduct the proceeding.'' 7 CFR 900.2(d), 900.51(d), 
1200.2(f), and 1200.51(g). In order to better align with the provisions 
the APA, USDA is amending the definition of ``judge'' in both 7 CFR 
parts 900 and 1200 to include a presiding official appointed by the 
Secretary. This revision to the definition of ``judge'' will provide 
AMS with the flexibility to have a presiding official assigned to a 
hearing in the event that an ALJ is not available for the assignment or 
as circumstances warrant.

5 U.S.C. 553, 601, and 804

    This final rule establishes agency rules of practice and procedure. 
Under the APA, prior notice and opportunity for comment are not 
required for the promulgation of agency rules of practice and 
procedure. 5 U.S.C. 553(b)(3)(A). Only substantive rules require 
publication 30 days prior to their effective date. 5 U.S.C. 553(d). 
Moreover, this final rule is necessary to carry out an upcoming hearing 
on an emergency amendment to the Florida Federal Milk Marketing Order 
as part of the Government's response to hurricane relief efforts. 
Therefore, this final rule is effective upon publication in the Federal 
Register.
    Furthermore, under 5 U.S.C. 804, this rule is not subject to 
Congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121. In addition, because prior 
notice and opportunity for comment are not required to be provided for 
this final rule, this rule is exempt from the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Executive Orders 12866 and 13563

    This rule does not meet the definition of a significant regulatory 
action under section 3(f) of Executive Order 12866, Regulatory Planning 
and Review, as supplemented by Executive Order 13563. Because this rule 
is not a significant regulatory action, it has not been reviewed by the 
Office of Management and Budget.

Executive Order 13771

    Additionally, because this rule does not meet the definition of a 
significant regulatory action it does not trigger the requirements of 
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' '' 
(February 2, 2017).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative proceedings that must be exhausted 
before parties may file suit in court challenging this rule.

Executive Order 13132

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13132, Federalism. The review reveals that this rule 
does not contain policies with federalism implications sufficient to 
warrant federalism consultation under Executive Order 13132.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of

[[Page 58098]]

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. The review reveals that this regulation would not have 
substantial and direct effects on tribal governments and would not have 
significant tribal implications.

Paperwork Reduction Act

    This rule contains no information collections or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 
et seq.].

List of Subjects

7 CFR Part 900

    Administrative practice and procedure, Freedom of information, 
Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 1200

    Administrative practice and procedure, Advertising, Blueberries, 
Consumer information, Cotton, Dairy, Eggs, Fluid milk, Honey, Marketing 
agreements, Mushrooms, Peanuts, Popcorn, Pork, Potatoes, Promotion, 
Reporting and recordkeeping requirements, Soybeans, Watermelons.

    Accordingly, 7 CFR parts 900 and 1200 are amended to as follows:

PART 900--GENERAL REGULATIONS

0
1. The authority citation for part 900 continues to read as follows:

    Authority:  7 U.S.C. 601-674 and 7 U.S.C. 7401.

Subpart--Rules of Practice and Procedure Governing Proceedings To 
Formulate Marketing Agreements and Marketing Orders

0
2. The authority citation for this subpart continues to read as 
follows:

    Authority:  7 U.S.C. 610.


0
3. In Sec.  900.2, revise paragraph (d) to read as follows:


Sec.  900.2   Definitions.

* * * * *
    (d) The term judge means any administrative law judge appointed 
pursuant to 5 U.S.C. 3105 or any presiding official appointed by the 
Secretary, and assigned to conduct the proceeding.
* * * * *

Subpart--Rules of Practice Governing Proceedings on Petitions To 
Modify or To Be Exempted From Marketing Orders

0
4. The authority citation for this subpart continues to read as 
follows:

    Authority:  7 U.S.C. 608c.

0
5. In Sec.  900.51 revise paragraph (d) to read as follows:


Sec.  900.51   Definitions.

* * * * *
    (d) The term judge means any administrative law judge appointed 
pursuant to 5 U.S.C. 3105 or any presiding official appointed by the 
Secretary, and assigned to conduct the proceeding.
* * * * *

PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS 
UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS

0
6. The authority for part 1200 continues to read as follows:

    Authority:  7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 
6106, 6306, 6410, 7418, and 7486.

Subpart A--Rules of Practice and Procedure Governing Proceedings To 
Formulate and Amend an Order

0
7. The authority for subpart A continues to read as follows:

    Authority:  7 U.S.C. 2103, 2614, 2704, and 4804.

0
8. In Sec.  1200.2, revise paragraph (f) to read as follows:


Sec.  1200.2   Definitions.

* * * * *
    (f) Judge means any administrative law judge appointed pursuant to 
5 U.S.C. 3105 or any presiding official appointed by the Secretary, and 
assigned to conduct the proceeding.
* * * * *

Subpart B--Rules of Practice Governing Proceedings on Petitions To 
Modify or To Be Exempted From Research, Promotion and Information 
Programs

0
9. The authority for subpart B continues to read as follows:

    Authority:  7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 
6008, 6106, 6306, 6410, 6807, 7106, 7418, 7486, and 7806.

0
10. In Sec.  1200.51, revise paragraph (g) to read as follows:


Sec.  1200.51   Definitions.

* * * * *
    (g) Judge means any administrative law judge appointed pursuant to 
5 U.S.C. 3105 or any presiding official appointed by the Secretary, and 
assigned to conduct the proceeding.
* * * * *

    Dated: December 7, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-26718 Filed 12-8-17; 8:45 am]
 BILLING CODE 3410-02-P

58097

Rules and Regulations Federal Register
Vol. 82, No. 236

Monday, December 11, 2017

This section of the FEDERAL REGISTER and procedure are applicable to effective upon publication in the
contains regulatory documents having general proceedings under the Agricultural Federal Register.
applicability and legal effect, most of which Marketing Agreement Act of 1937, as Furthermore, under 5 U.S.C. 804, this
are keyed to and codified in the Code of amended [50 Stat. 246]. In addition, rule is not subject to Congressional
Federal Regulations, which is published under review under the Small Business
rules of practice and procedure also
50 titles pursuant to 44 U.S.C. 1510.
exist for proceedings under the Cotton Regulatory Enforcement Fairness Act of
The Code of Federal Regulations is sold by Research and Promotion Act, as 1996, Public Law 104–121. In addition,
the Superintendent of Documents. amended [7 U.S.C. 2101–2119], the Egg because prior notice and opportunity for
Research and Consumer Information comment are not required to be
Act, as amended [7 U.S.C. 2701–2718], provided for this final rule, this rule is
DEPARTMENT OF AGRICULTURE the Pork Promotion, Research, and exempt from the requirements of the
Consumer Information Act [7 U.S.C. Regulatory Flexibility Act, 5 U.S.C. 601
Agricultural Marketing Service et seq.
4801–4819], and the Potato Research
and Promotion Act, as amended [7 Executive Orders 12866 and 13563
7 CFR Parts 900 and 1200
U.S.C. 2611–2627]. Those rules appear
[Doc. No. AMS–SC–17–0081] under 7 CFR part 1200. This rule does not meet the definition
of a significant regulatory action under
RIN 0581–AD74 The Administrative Procedure Act section 3(f) of Executive Order 12866,
(APA) prescribes general procedures for Regulatory Planning and Review, as
Rules of Practice and Procedures To agency rulemaking. See 5 U.S.C. 553. supplemented by Executive Order
Formulate or Amend a Marketing For rulemaking hearings, the APA 13563. Because this rule is not a
Agreement, a Marketing Order, or provides ‘‘there shall preside at the significant regulatory action, it has not
Certain Research and Promotion taking of evidence (1) the agency; (2) been reviewed by the Office of
Orders one or more members of the body which Management and Budget.
compromise the agency; or (3) one or
AGENCY: Agricultural Marketing Service, Executive Order 13771
more administrative law judges
USDA.
appointed under section 3105 of this Additionally, because this rule does
ACTION: Final rule. title.’’ 5 U.S.C. 556(b). Under both 7 CFR not meet the definition of a significant
parts 900 and 1200, as defined, ‘‘judge’’ regulatory action it does not trigger the
SUMMARY: The Agricultural Marketing
is limited to ‘‘any administrative law requirements of Executive Order 13771.
Service (AMS) of the United States
judge appointed pursuant to 5 U.S.C. See OMB’s Memorandum titled
Department of Agriculture (USDA) is
3105, and assigned to conduct the ‘‘Interim Guidance Implementing
adopting a final rule to amend the
proceeding.’’ 7 CFR 900.2(d), 900.51(d), Section 2 of the Executive Order of
definition of ‘‘judge’’ in the rules of
1200.2(f), and 1200.51(g). In order to January 30, 2017 titled ‘Reducing
practice and procedure to formulate or
better align with the provisions the Regulation and Controlling Regulatory
amend a marketing agreement,
APA, USDA is amending the definition Costs’ ’’ (February 2, 2017).
marketing order, or certain research and
promotion orders. The new definition of ‘‘judge’’ in both 7 CFR parts 900 and Executive Order 12988
adds a presiding official appointed by 1200 to include a presiding official
appointed by the Secretary. This This rule has been reviewed under
the Secretary, as well as an Executive Order 12988, Civil Justice
administrative law judge, as an official revision to the definition of ‘‘judge’’ will
provide AMS with the flexibility to have Reform. This rule is not intended to
who may preside over the rulemaking have retroactive effect. This rule will
hearing. a presiding official assigned to a hearing
in the event that an ALJ is not available not preempt any State or local laws,
DATES: Effective Date: December 11, for the assignment or as circumstances regulations, or policies, unless they
2017. warrant. present an irreconcilable conflict with
this rule. There are no administrative
FOR FURTHER INFORMATION CONTACT:
5 U.S.C. 553, 601, and 804 proceedings that must be exhausted
William Richmond, Acting Chief of
before parties may file suit in court
Staff, AMS, 1400 Independence Avenue This final rule establishes agency challenging this rule.
SW., Washington, DC 20250, (202) 720– rules of practice and procedure. Under
5115. the APA, prior notice and opportunity Executive Order 13132
SUPPLEMENTARY INFORMATION: AMS is for comment are not required for the This rule has been reviewed in
issuing this final rule to amend the promulgation of agency rules of practice accordance with the requirements of
definition of ‘‘judge’’ in the rules of and procedure. 5 U.S.C. 553(b)(3)(A). Executive Order 13132, Federalism. The
practice and procedure to formulate or Only substantive rules require review reveals that this rule does not
amend a marketing agreement, publication 30 days prior to their contain policies with federalism
sradovich on DSK3GMQ082PROD with RULES

marketing order, or certain research and effective date. 5 U.S.C. 553(d). implications sufficient to warrant
promotion orders under 7 CFR part 900 Moreover, this final rule is necessary to federalism consultation under Executive
and 1200. carry out an upcoming hearing on an Order 13132.
AMS has rules of practice and emergency amendment to the Florida
procedure to formulate marketing Federal Milk Marketing Order as part of Executive Order 13175
agreements and marketing orders under the Government’s response to hurricane This rule has been reviewed in
7 CFR part 900. Those rules of practice relief efforts. Therefore, this final rule is accordance with the requirements of

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58098 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations

Executive Order 13175, Consultation Authority: 7 U.S.C. 608c. Dated: December 7, 2017.
and Coordination with Indian Tribal ■ 5. In § 900.51 revise paragraph (d) to Bruce Summers,
Governments. The review reveals that read as follows: Acting Administrator, Agricultural Marketing
this regulation would not have Service.
substantial and direct effects on tribal § 900.51 Definitions. [FR Doc. 2017–26718 Filed 12–8–17; 8:45 am]
governments and would not have * * * * * BILLING CODE 3410–02–P
significant tribal implications. (d) The term judge means any
administrative law judge appointed
Paperwork Reduction Act
pursuant to 5 U.S.C. 3105 or any DEPARTMENT OF TRANSPORTATION
This rule contains no information presiding official appointed by the
collections or recordkeeping Secretary, and assigned to conduct the Federal Aviation Administration
requirements under the Paperwork proceeding.
Reduction Act of 1995 [44 U.S.C. 3501 * * * * * 14 CFR Part 39
et seq.].
[Docket No. FAA–2017–0625; Product
List of Subjects PART 1200—RULES OF PRACTICE Identifier 2016–NM–089–AD; Amendment
AND PROCEDURE GOVERNING 39–19118; AD 2017–25–04]
7 CFR Part 900 PROCEEDINGS UNDER RESEARCH,
Administrative practice and PROMOTION, AND INFORMATION RIN 2120–AA64
procedure, Freedom of information, PROGRAMS
Airworthiness Directives; Airbus
Marketing agreements, Reporting and
■ 6. The authority for part 1200 Airplanes
recordkeeping requirements.
continues to read as follows: AGENCY: Federal Aviation
7 CFR Part 1200
Authority: 7 U.S.C. 2111, 2620, 2713, Administration (FAA), Department of
Administrative practice and 4509, 4609, 4814, 4909, 6106, 6306, 6410, Transportation (DOT).
procedure, Advertising, Blueberries, 7418, and 7486. ACTION: Final rule.
Consumer information, Cotton, Dairy,
Eggs, Fluid milk, Honey, Marketing Subpart A—Rules of Practice and SUMMARY: We are superseding
agreements, Mushrooms, Peanuts, Procedure Governing Proceedings To Airworthiness Directive (AD) 2014–22–
Popcorn, Pork, Potatoes, Promotion, Formulate and Amend an Order 08, which applied to all Airbus Model
Reporting and recordkeeping A318 and A319 series airplanes; Model
requirements, Soybeans, Watermelons. ■ 7. The authority for subpart A A320–111, –211, –212, –214, –231,
Accordingly, 7 CFR parts 900 and continues to read as follows: –232, and –233 airplanes; and Model
1200 are amended to as follows: Authority: 7 U.S.C. 2103, 2614, 2704, and A321–111, –112, –131, –211, –212,
4804. –213, –231, and –232 airplanes. AD
PART 900—GENERAL REGULATIONS ■ 8. In § 1200.2, revise paragraph (f) to 2014–22–08 required revising the
read as follows: maintenance or inspection program to
■ 1. The authority citation for part 900
incorporate new or revised
continues to read as follows: § 1200.2 Definitions. airworthiness limitation requirements.
Authority: 7 U.S.C. 601–674 and 7 U.S.C. * * * * * This new AD requires revising the
7401. (f) Judge means any administrative maintenance or inspection program to
law judge appointed pursuant to 5 incorporate new or revised
Subpart—Rules of Practice and
U.S.C. 3105 or any presiding official airworthiness limitation requirements,
Procedure Governing Proceedings To
appointed by the Secretary, and and removes airplanes from the
Formulate Marketing Agreements and
assigned to conduct the proceeding. applicability. This AD was prompted by
Marketing Orders
* * * * * a determination that more restrictive
■ 2. The authority citation for this maintenance instructions and
subpart continues to read as follows: Subpart B—Rules of Practice airworthiness limitations are necessary.
Governing Proceedings on Petitions We are issuing this AD to address the
Authority: 7 U.S.C. 610.
To Modify or To Be Exempted From unsafe condition on these products.
■ 3. In § 900.2, revise paragraph (d) to Research, Promotion and Information DATES: This AD is effective January 16,
read as follows: Programs 2018.
§ 900.2 Definitions. The Director of the Federal Register
■ 9. The authority for subpart B approved the incorporation by reference
* * * * * continues to read as follows:
(d) The term judge means any of a certain publication listed in this AD
administrative law judge appointed Authority: 7 U.S.C. 2111, 2620, 2713, as of January 16, 2018.
4509, 4609, 4814, 4909, 6008, 6106, 6306, The Director of the Federal Register
pursuant to 5 U.S.C. 3105 or any 6410, 6807, 7106, 7418, 7486, and 7806. approved the incorporation by reference
presiding official appointed by the
■ 10. In § 1200.51, revise paragraph (g) of a certain other publication listed in
Secretary, and assigned to conduct the
to read as follows: this AD as of December 17, 2014 (79 FR
proceeding.
67042, November 12, 2014).
* * * * * § 1200.51 Definitions.
ADDRESSES: For service information
sradovich on DSK3GMQ082PROD with RULES

* * * * * identified in this final rule, contact
Subpart—Rules of Practice Governing
(g) Judge means any administrative Airbus, Airworthiness Office—EIAS, 1
Proceedings on Petitions To Modify or
law judge appointed pursuant to 5 Rond Point Maurice Bellonte, 31707
To Be Exempted From Marketing
U.S.C. 3105 or any presiding official Blagnac Cedex, France; telephone: +33 5
Orders
appointed by the Secretary, and 61 93 36 96; fax: +33 5 61 93 44 51;
■ 4. The authority citation for this assigned to conduct the proceeding. email: account.airworth-eas@
subpart continues to read as follows: * * * * * airbus.com; Internet: http://

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Document Created: 2017-12-09 01:49:47
Document Modified: 2017-12-09 01:49:47

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 Date: December 11, 2017.
Contact		William Richmond, Acting Chief of Staff, AMS, 1400 Independence Avenue SW., Washington, DC 20250, (202) 720-5115.
FR Citation		82 FR 58097
RIN Number		0581-AD74
CFR Citation		7 CFR 1200 7 CFR 900
CFR Associated		Advertising; Blueberries; Consumer Information; Cotton; Dairy; Eggs; Fluid Milk; Honey; Mushrooms; Peanuts; Popcorn; Pork; Potatoes; Promotion; Soybeans; Watermelons; Administrative Practice and Procedure; Freedom of Information; Marketing Agreements and Reporting and Recordkeeping Requirements

82 FR 58097 - Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement, a Marketing Order, or Certain Research and Promotion Orders

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 82, Issue 236 (December 11, 2017)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service