83 FR 5215 - Proposed California Federal Milk Marketing Order

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 25 (February 6, 2018)

Page Range		5215-5215
FR Document		2018-02386

This document announces a delay of the California Federal Milk Marketing Order (FMMO) rulemaking proceeding and the Agricultural Marketing Service's (AMS) intention to await the U.S. Supreme Court decision on a related legal matter prior to proceeding further with this rulemaking.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018)

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Page 5215]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02386]


========================================================================
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. 25 / Tuesday, February 6, 2018 / 
Proposed Rules

[[Page 5215]]



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; delay of rulemaking.

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

SUMMARY: This document announces a delay of the California Federal Milk 
Marketing Order (FMMO) rulemaking proceeding and the Agricultural 
Marketing Service's (AMS) intention to await the U.S. Supreme Court 
decision on a related legal matter prior to proceeding further with 
this rulemaking.

DATES: February 6, 2018.

ADDRESSES: Order Formulation and Enforcement Division, USDA/AMS/Dairy 
Program, STOP 0231, Room 2969-S, 1400 Independence Ave SW, Washington, 
DC 20250-0231. The docket may be viewed at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Erin Taylor, Acting Director, (202) 
720-7311, email address: [email protected].

SUPPLEMENTARY INFORMATION: On February 5, 2015, AMS received a proposal 
from three dairy cooperatives to call 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 and 
proposing to add 7 CFR part 1051 (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.
    At all times material to the hearing for the prospective 
promulgation of a FMMO for California, ALJ Clifton presided over the 
proceedings on behalf of the United States Department of Agriculture 
(USDA). At the time of the hearing, USDA believed ALJ Clifton to be an 
employee of the Department and her appointment was completed in 
accordance with agency procedures, however, if the Court determines 
that ALJs are inferior officers of the United States rather than 
employees, then ALJ Clifton's original appointment as an ALJ would be 
brought into question. 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.
    As of November 29, 2017, the United States Department of Justice 
will no longer argue in the federal courts that ALJs are employees 
rather than inferior officers unless the Supreme Court determines 
otherwise. Consequently, it is prudent and appropriate for AMS to delay 
further proceedings in this FMMO rulemaking until the Court renders its 
decision in Lucia.
    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); and
    Information Collection--Producer Ballots: Issued September 27, 
2017; Published October 2, 2017 (82 FR 45795).

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

    Dated: February 1, 2018.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2018-02386 Filed 2-5-18; 8:45 am]
BILLING CODE 3410-02-P

5215

Proposed Rules Federal Register
Vol. 83, No. 25

Tuesday, February 6, 2018

This section of the FEDERAL REGISTER Recommended Decision and Information Collection—Producer
contains notices to the public of the proposed Opportunity to File Written Exceptions Ballots: Issued September 27, 2017;
issuance of rules and regulations. The on February 14, 2017 (82 FR 10634). Published October 2, 2017 (82 FR
purpose of these notices is to give interested On November 29, 2017, the Solicitor 45795).
persons an opportunity to participate in the General of the United States submitted
rule making prior to the adoption of the final Authority: 7 U.S.C. 601–674.
a brief to the U.S. Supreme Court in
rules. Dated: February 1, 2018.
Lucia v. Securities and Exchange
Commission (Lucia), 868 F.3d 1021 Erin Morris,
DEPARTMENT OF AGRICULTURE (D.C. Cir. 2017) (en banc) (per curiam), Associate Administrator, Agricultural
cert. granted, No. 17–130 (U.S. January Marketing Service.
Agricultural Marketing Service 12, 2018). The Government’s position is [FR Doc. 2018–02386 Filed 2–5–18; 8:45 am]
that ALJs are ‘‘inferior officers’’ of the BILLING CODE 3410–02–P
7 CFR Part 1051 United States, subject to the
Appointments Clause of Article II of the
[Docket No. AO–15–0071; AMS–DA–14– Constitution. The Solicitor General
0095] DEPARTMENT OF COMMERCE
urged the Court to grant a writ of
Proposed California Federal Milk certiorari and resolve a circuit split Office of the Secretary
Marketing Order concerning the Constitutional
requirements for ALJ appointments. On 15 CFR Part 4
AGENCY: Agricultural Marketing Service, January 12, 2018, the Court did so.
[Docket No. 160801675–7593–01]
USDA. At all times material to the hearing for
ACTION: Proposed rule; delay of the prospective promulgation of a RIN 0605–AA45
rulemaking. FMMO for California, ALJ Clifton
presided over the proceedings on behalf Public Information, Freedom of
SUMMARY: This document announces a of the United States Department of Information Act and Privacy Act
delay of the California Federal Milk Agriculture (USDA). At the time of the Regulations
Marketing Order (FMMO) rulemaking hearing, USDA believed ALJ Clifton to AGENCY: Department of Commerce.
proceeding and the Agricultural be an employee of the Department and
her appointment was completed in ACTION: Notice of proposed rulemaking;
Marketing Service’s (AMS) intention to
accordance with agency procedures, request for comments.
await the U.S. Supreme Court decision
on a related legal matter prior to however, if the Court determines that SUMMARY: This rulemaking proposes
proceeding further with this ALJs are inferior officers of the United revisions to the Department of
rulemaking. States rather than employees, then ALJ Commerce’s (Department) regulations
Clifton’s original appointment as an ALJ under the Freedom of Information Act
DATES: February 6, 2018.
would be brought into question. The (FOIA) and Privacy Act. The FOIA
ADDRESSES: Order Formulation and Court is expected to hear oral arguments
Enforcement Division, USDA/AMS/ regulations are being revised to clarify,
in Lucia during the current term and to update and streamline the language of
Dairy Program, STOP 0231, Room 2969– render its decision on or before the end
S, 1400 Independence Ave SW, several procedural provisions, including
of its term on June 30, 2018. methods for submitting FOIA requests
Washington, DC 20250–0231. The As of November 29, 2017, the United
docket may be viewed at and appeals and the time limits for
States Department of Justice will no filing an administrative appeal, and to
www.regulations.gov. longer argue in the federal courts that incorporate certain changes brought
FOR FURTHER INFORMATION CONTACT: Erin ALJs are employees rather than inferior about by the amendments to the FOIA
Taylor, Acting Director, (202) 720–7311, officers unless the Supreme Court under the FOIA Improvement Act of
email address: erin.taylor@ determines otherwise. Consequently, it 2016. Additionally, the FOIA
ams.usda.gov. is prudent and appropriate for AMS to regulations are being updated to reflect
delay further proceedings in this FMMO developments in the case law.
SUPPLEMENTARY INFORMATION: On rulemaking until the Court renders its
February 5, 2015, AMS received a DATES: To be considered, written
decision in Lucia.
proposal from three dairy cooperatives Prior documents in this proceeding: comments must be submitted on or
to call a hearing to promulgate a FMMO Notice of Hearing: Issued July 27, before March 8, 2018.
in California. Subsequently, AMS 2015; published August 6, 2015 (80 FR ADDRESSES: You may submit comments,
received additional proposals in April 47210); identified by Regulatory Information
2015. After publishing a notice of Notice to Reconvene Hearing: Issued Number (RIN) 0605–AA45, by any of the
hearing on August 6, 2015 and September 25, 2015; published following methods:
daltland on DSKBBV9HB2PROD with PROPOSALS

proposing to add 7 CFR part 1051 (80 September 30, 2015 (80 FR 58636); • Federal eRulemaking Portal: http://
FR 47210), AMS commenced a hearing Recommended Decision and www.regulations.gov. Follow the
on September 22, 2015, presided over Opportunity to File Written Exceptions: instructions for submitting comments.
by Administrative Law Judge (ALJ) Jill Issued February 6, 2017; published • Mail: Dr. Michael J. Toland, Deputy
S. Clifton. At the conclusion of the February 14, 2017 (82 FR 10634); Chief Freedom of Information Act
hearing, AMS reviewed the hearing Documents for Official Notice: Issued Officer and Department Privacy Act
record and briefs filed subsequent to the August 8, 2017; published August 14, Officer, Office of Privacy and Open
hearing. AMS published the 2017 (82 FR 37827); and Government, 1401 Constitution Ave.

VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\06FEP1.SGM 06FEP1

Document Created: 2018-02-06 00:30:33
Document Modified: 2018-02-06 00:30:33

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; delay of rulemaking.
Dates		February 6, 2018.
Contact		Erin Taylor, Acting Director, (202)
FR Citation		83 FR 5215

83 FR 5215 - Proposed California Federal Milk Marketing Order

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 83, Issue 25 (February 6, 2018)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service