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)

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, 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