83 FR 11903 - Proposed California Federal Milk Marketing Order

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range		11903-11903
FR Document		2018-05543

This document announces the ratification of the evidentiary record of the California Federal Milk Marketing Order (FMMO) rulemaking proceeding by the United States Department of Agriculture (USDA) Judicial Officer (JO).

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)

[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Proposed Rules]
[Page 11903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05543]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / 
Proposed Rules

[[Page 11903]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1051

[Docket No. AO-15-0071; AMS-DA-14-0095]


Proposed California Federal Milk Marketing Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This document announces the ratification of the evidentiary 
record of the California Federal Milk Marketing Order (FMMO) rulemaking 
proceeding by the United States Department of Agriculture (USDA) 
Judicial Officer (JO).

DATES: March 19, 2018.

FOR FURTHER INFORMATION CONTACT: Erin Taylor, Acting Director, Order 
Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 
0231, Room 2969-S, 1400 Independence Ave. SW, Washington, DC 20250-
0231, (202) 720-7311, email address: erin.taylor@ams.usda.gov.

SUPPLEMENTARY INFORMATION: On February 5, 2015, AMS received a proposal 
from three dairy cooperatives requesting a hearing to promulgate a FMMO 
in California. Subsequently, AMS received additional proposals in April 
2015. After publishing a notice of hearing on August 6, 2015 (80 FR 
47210), AMS commenced a hearing on September 22, 2015, presided over by 
Administrative Law Judge (ALJ) Jill S. Clifton. At the conclusion of 
the hearing, AMS reviewed the hearing record and briefs filed 
subsequent to the hearing. AMS published the Recommended Decision and 
Opportunity to File Written Exceptions on February 14, 2017 (82 FR 
10634).
    On November 29, 2017, the Solicitor General of the United States 
submitted a brief to the U.S. Supreme Court in Lucia v. Securities and 
Exchange Commission (Lucia), 868 F.3d 1021 (D.C. Cir. 2017) (en banc) 
(per curiam), cert. granted, No. 17-130 (U.S. January 12, 2018). The 
Government's position is that ALJs are ``inferior officers'' of the 
United States, subject to the Appointments Clause of Article II of the 
Constitution. The Solicitor General urged the Court to grant a writ of 
certiorari and resolve a circuit split concerning the Constitutional 
requirements for ALJ appointments. On January 12, 2018, the Court did 
so. The Court is expected to hear oral arguments in Lucia during the 
current term and to render its decision on or before the end of its 
term on June 30, 2018.
    AMS published 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 
(82 FR 58097). The new definition adds a presiding official appointed 
by the Secretary as an official who may preside over the rulemaking 
hearing, in addition to an administrative law judge. AMS then published 
a delay of rulemaking on February 6, 2018 (83 FR 5215) indicating the 
agency's intention to await the U.S. Supreme Court decision on the 
Lucia case prior to proceeding further with the California FMMO 
rulemaking proceeding. Subsequently, effective February 14, 2018, the 
Secretary of Agriculture appointed the USDA JO to serve as the judge 
presiding over the formal rulemaking proceedings for the California 
FMMO. The Secretary instructed the JO to conduct an independent de novo 
review of the hearing record and either ratify or modify any decision 
made by the ALJ.
    On March 9, 2018, the USDA JO completed his review and ratified all 
of ALJ Clifton's actions, including instructions regarding corrections 
to exhibits, rulings on objections, rulings on the admission of 
evidence, rulings on the conduct of the hearing, and rulings on 
requests for corrections to the transcript of the hearing. The JO 
ratified ALJ Clifton's Certification of the Transcript, except that he 
revised the list of exhibits that ALJ Clifton identified as not having 
been admitted into evidence by adding ``Exhibit 108-Exhibit D'' to that 
list.
    Consequently, USDA will move forward with the California FMMO 
rulemaking proceeding by issuing and publishing a final decision in the 
Federal Register.
    Prior documents in this proceeding:
    Notice of Hearing: Issued July 27, 2015; published August 6, 2015 
(80 FR 47210);
    Notice to Reconvene Hearing: Issued September 25, 2015; published 
September 30, 2015 (80 FR 58636);
    Recommended Decision and Opportunity to File Written Exceptions: 
Issued February 6, 2017; published February 14, 2017 (82 FR 10634);
    Documents for Official Notice: Issued August 8, 2017; published 
August 14, 2017 (82 FR 37827);
    Information Collection--Producer Ballots: Issued September 27, 
2017; published October 2, 2017 (82 FR 45795); and
    Delay of Rulemaking: Issued February 1, 2018; published February 6, 
2018 (83 FR 5215).

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

    Dated: March 14, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-05543 Filed 3-16-18; 8:45 am]
 BILLING CODE 3410-02-P

11903

Proposed Rules Federal Register
Vol. 83, No. 53

Monday, March 19, 2018

This section of the FEDERAL REGISTER (D.C. Cir. 2017) (en banc) (per curiam), publishing a final decision in the
contains notices to the public of the proposed cert. granted, No. 17–130 (U.S. January Federal Register.
issuance of rules and regulations. The 12, 2018). The Government’s position is Prior documents in this proceeding:
purpose of these notices is to give interested that ALJs are ‘‘inferior officers’’ of the Notice of Hearing: Issued July 27,
persons an opportunity to participate in the 2015; published August 6, 2015 (80 FR
United States, subject to the
rule making prior to the adoption of the final
rules. Appointments Clause of Article II of the 47210);
Constitution. The Solicitor General Notice to Reconvene Hearing: Issued
urged the Court to grant a writ of September 25, 2015; published
DEPARTMENT OF AGRICULTURE certiorari and resolve a circuit split September 30, 2015 (80 FR 58636);
concerning the Constitutional Recommended Decision and
Agricultural Marketing Service requirements for ALJ appointments. On Opportunity to File Written Exceptions:
January 12, 2018, the Court did so. The Issued February 6, 2017; published
7 CFR Part 1051 Court is expected to hear oral arguments February 14, 2017 (82 FR 10634);
[Docket No. AO–15–0071; AMS–DA–14– in Lucia during the current term and to Documents for Official Notice: Issued
0095] render its decision on or before the end August 8, 2017; published August 14,
of its term on June 30, 2018. 2017 (82 FR 37827);
Proposed California Federal Milk AMS published a final rule to amend Information Collection—Producer
Marketing Order the definition of ‘‘judge’’ in the rules of Ballots: Issued September 27, 2017;
practice and procedure to formulate or published October 2, 2017 (82 FR
AGENCY: Agricultural Marketing Service, 45795); and
USDA. amend a marketing agreement,
marketing order, or certain research and Delay of Rulemaking: Issued February
ACTION: Proposed rule. 1, 2018; published February 6, 2018 (83
promotion orders (82 FR 58097). The
SUMMARY: This document announces the new definition adds a presiding official FR 5215).
ratification of the evidentiary record of appointed by the Secretary as an official Authority: 7 U.S.C. 601–674.
the California Federal Milk Marketing who may preside over the rulemaking Dated: March 14, 2018.
Order (FMMO) rulemaking proceeding hearing, in addition to an administrative Bruce Summers,
by the United States Department of law judge. AMS then published a delay Acting Administrator, Agricultural Marketing
Agriculture (USDA) Judicial Officer of rulemaking on February 6, 2018 (83 Service.
(JO). FR 5215) indicating the agency’s [FR Doc. 2018–05543 Filed 3–16–18; 8:45 am]
DATES: March 19, 2018. intention to await the U.S. Supreme
BILLING CODE 3410–02–P
FOR FURTHER INFORMATION CONTACT: Erin
Court decision on the Lucia case prior
Taylor, Acting Director, Order to proceeding further with the California
Formulation and Enforcement Division, FMMO rulemaking proceeding.
Subsequently, effective February 14, DEPARTMENT OF TRANSPORTATION
USDA/AMS/Dairy Program, STOP 0231,
Room 2969–S, 1400 Independence Ave. 2018, the Secretary of Agriculture
Federal Aviation Administration
SW, Washington, DC 20250–0231, (202) appointed the USDA JO to serve as the
720–7311, email address: erin.taylor@ judge presiding over the formal
14 CFR Part 39
ams.usda.gov. rulemaking proceedings for the
California FMMO. The Secretary [Docket No. FAA–2018–0204; Product
SUPPLEMENTARY INFORMATION: On instructed the JO to conduct an Identifier 2018–CE–003–AD]
February 5, 2015, AMS received a independent de novo review of the RIN 2120–AA64
proposal from three dairy cooperatives hearing record and either ratify or
requesting a hearing to promulgate a modify any decision made by the ALJ. Airworthiness Directives; Costruzioni
FMMO in California. Subsequently, Aeronautiche Tecnam srl Airplanes
AMS received additional proposals in On March 9, 2018, the USDA JO
April 2015. After publishing a notice of completed his review and ratified all of AGENCY: Federal Aviation
hearing on August 6, 2015 (80 FR ALJ Clifton’s actions, including Administration (FAA), Department of
47210), AMS commenced a hearing on instructions regarding corrections to Transportation (DOT).
September 22, 2015, presided over by exhibits, rulings on objections, rulings
ACTION: Notice of proposed rulemaking
Administrative Law Judge (ALJ) Jill S. on the admission of evidence, rulings on
the conduct of the hearing, and rulings (NPRM).
Clifton. At the conclusion of the
hearing, AMS reviewed the hearing on requests for corrections to the SUMMARY: We propose to adopt a new
record and briefs filed subsequent to the transcript of the hearing. The JO ratified airworthiness directive (AD) for certain
hearing. AMS published the ALJ Clifton’s Certification of the Costruzioni Aeronautiche Tecnam srl
sradovich on DSK3GMQ082PROD with PROPOSALS

Recommended Decision and Transcript, except that he revised the Model P2006T airplanes. This proposed
Opportunity to File Written Exceptions list of exhibits that ALJ Clifton AD results from mandatory continuing
on February 14, 2017 (82 FR 10634). identified as not having been admitted airworthiness information (MCAI)
On November 29, 2017, the Solicitor into evidence by adding ‘‘Exhibit 108- originated by an aviation authority of
General of the United States submitted Exhibit D’’ to that list. another country to identify and address
a brief to the U.S. Supreme Court in Consequently, USDA will move an unsafe condition on an aviation
Lucia v. Securities and Exchange forward with the California FMMO product. The MCAI describes the unsafe
Commission (Lucia), 868 F.3d 1021 rulemaking proceeding by issuing and condition as an incorrect part number

VerDate Sep<11>2014 16:06 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19MRP1.SGM 19MRP1

Document Created: 2018-03-17 04:24:50
Document Modified: 2018-03-17 04:24:50

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		Proposed Rules
Action		Proposed rule.
Dates		March 19, 2018.
Contact		Erin Taylor, Acting Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 0231, Room 2969-S, 1400 Independence Ave. SW, Washington, DC 20250-
FR Citation		83 FR 11903

83 FR 11903 - Proposed California Federal Milk Marketing Order

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 83, Issue 53 (March 19, 2018)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service