83 FR 52943 - General Regulations for Federal Fruit, Vegetable, and Specialty Crop Marketing Agreements and Orders; Electronic Mailing of Notice of Hearing
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 203 (October 19, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 52943-52944 | |
| FR Document | 2018-22761 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Rules and Regulations] [Pages 52943-52944] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22761] ======================================================================== 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. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations [[Page 52943]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 900 [Doc. No. AMS-SC-18-0066; SC18-900-2 FR] General Regulations for Federal Fruit, Vegetable, and Specialty Crop Marketing Agreements and Orders; Electronic Mailing of Notice of Hearing AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule revises the general regulations for Federal fruit, vegetable, and specialty crop marketing agreements and marketing orders (orders) to allow the use of electronic communication as a method for notifying industry and the public of hearings for proceedings related to proposing new or amending existing orders. DATES: Effective October 19, 2018. FOR FURTHER INFORMATION CONTACT: Debbie Wray, Senior Marketing Specialist, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 2202 Monterey Street, Suite 102-B, Fresno, CA 93721; Telephone: (559) 487-5901, Fax: (559) 487-5906 or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This final rule is issued under the general regulations for Federal marketing agreements and orders (7 CFR part 900), effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this final rule in conformance with Executive Orders 12866, 13563, and 13175. 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 the Office of Management and Budget's (OMB) 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). This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This final rule authorizes USDA's Agricultural Marketing Service (AMS) to use either electronic communication or a postal or other delivery service to mail a notice of hearing to industry and the public for proceedings related to proposing new or amending existing orders. Part 900 provides the procedural requirements that govern proceedings to formulate orders and when necessary, to amend existing orders. These proceedings include holding a public hearing where, among other things, witnesses provide testimony about the proposal and evidence is admitted for consideration by the Secretary of Agriculture. Section 900.4(b) requires AMS to mail a true copy of a notice of hearing to each of the persons known to the AMS Administrator to be interested in the proceedings. However, the method to be used for mailing the notice is not specified. Historically, AMS has mailed paper copies of the notice using the United States Postal Service or other postal delivery services. These mailings may number in the hundreds, depending on the industry affected by the proposal. This final rule revises Sec. 900.4 to provide that the mailing of a notice of hearing may be done electronically or by using a postal or other delivery service. By providing that electronic communication may be used for mailing, this action will help strengthen and modernize AMS's outreach process and will reduce costs associated with paper mailings. Eventually, if all notice recipients have access to electronic communication as a delivery method and have adapted to its use, the older, more costly paper delivery methods could be eliminated. Administrative Procedure Act and Regulatory Flexibility Act This final rule revises agency rules of practice and procedure. Under the Administrative Procedure Act, prior notice and opportunity for comment are not required for the revision 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). Therefore, this final rule is effective upon publication in the Federal Register. 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. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). AMS is committed to complying with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen [[Page 52944]] access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. List of Subjects in 7 CFR Part 900 Administrative practice and procedure, Freedom of information, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth above, 7 CFR part 900 is amended 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. 0 2. In Sec. 900.4, revise paragraph (b)(1)(ii) to read as follows: Sec. 900.4 Institution of proceeding. * * * * * (b) * * * (1) * * * (ii) By mailing a true copy of the notice of hearing, using a postal or other delivery service or electronic communication, to each of the persons known to the Administrator to be interested therein; * * * * * Dated: October 15, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-22761 Filed 10-18-18; 8:45 am] BILLING CODE 3410-02-P
![52943
Rules and Regulations Federal Register
Vol. 83, No. 203
Friday, October 19, 2018
This section of the FEDERAL REGISTER effective under the Agricultural consideration by the Secretary of
contains regulatory documents having general Marketing Agreement Act of 1937, as Agriculture.
applicability and legal effect, most of which amended (7 U.S.C. 601–674), hereinafter Section 900.4(b) requires AMS to mail
are keyed to and codified in the Code of referred to as the ‘‘Act.’’ a true copy of a notice of hearing to each
Federal Regulations, which is published under The Department of Agriculture of the persons known to the AMS
50 titles pursuant to 44 U.S.C. 1510. Administrator to be interested in the
(USDA) is issuing this final rule in
The Code of Federal Regulations is sold by conformance with Executive Orders proceedings. However, the method to be
the Superintendent of Documents. 12866, 13563, and 13175. Additionally, used for mailing the notice is not
because this rule does not meet the specified. Historically, AMS has mailed
definition of a significant regulatory paper copies of the notice using the
DEPARTMENT OF AGRICULTURE action, it does not trigger the United States Postal Service or other
requirements contained in Executive postal delivery services. These mailings
Agricultural Marketing Service Order 13771. See the Office of may number in the hundreds,
Management and Budget’s (OMB) depending on the industry affected by
7 CFR Part 900 Memorandum titled, ‘‘Interim Guidance the proposal.
[Doc. No. AMS–SC–18–0066; SC18–900–2 Implementing Section 2 of the Executive This final rule revises § 900.4 to
FR] Order of January 30, 2017, titled provide that the mailing of a notice of
‘Reducing Regulation and Controlling hearing may be done electronically or
General Regulations for Federal Fruit, Regulatory Costs’ ’’ (February 2, 2017). by using a postal or other delivery
Vegetable, and Specialty Crop This final rule has been reviewed service. By providing that electronic
Marketing Agreements and Orders; under Executive Order 12988, Civil communication may be used for
Electronic Mailing of Notice of Hearing Justice Reform. It is not intended to mailing, this action will help strengthen
have retroactive effect. and modernize AMS’s outreach process
AGENCY: Agricultural Marketing Service, and will reduce costs associated with
USDA. The Act provides that administrative
proceedings must be exhausted before paper mailings. Eventually, if all notice
ACTION: Final rule. recipients have access to electronic
parties may file suit in court. Under
section 608c(15)(A) of the Act, any communication as a delivery method
SUMMARY: This rule revises the general and have adapted to its use, the older,
regulations for Federal fruit, vegetable, handler subject to an order may file
with USDA a petition stating that the more costly paper delivery methods
and specialty crop marketing could be eliminated.
agreements and marketing orders order, any provision of the order, or any
(orders) to allow the use of electronic obligation imposed in connection with Administrative Procedure Act and
communication as a method for the order is not in accordance with law Regulatory Flexibility Act
notifying industry and the public of and request a modification of the order This final rule revises agency rules of
hearings for proceedings related to or to be exempted therefrom. Such practice and procedure. Under the
proposing new or amending existing handler is afforded the opportunity for Administrative Procedure Act, prior
orders. a hearing on the petition. After the notice and opportunity for comment are
hearing, USDA would rule on the not required for the revision of agency
DATES: Effective October 19, 2018. petition. The Act provides that the rules of practice and procedure. 5 U.S.C.
FOR FURTHER INFORMATION CONTACT: district court of the United States in any 553(b)(3)(A). Only substantive rules
Debbie Wray, Senior Marketing district in which the handler is an require publication 30 days prior to
Specialist, Marketing Order and inhabitant, or has his or her principal their effective date. 5 U.S.C. 553(d).
Agreement Division, Specialty Crops place of business, has jurisdiction to Therefore, this final rule is effective
Program, AMS, USDA, 2202 Monterey review USDA’s ruling on the petition, upon publication in the Federal
Street, Suite 102–B, Fresno, CA 93721; provided an action is filed not later than Register.
Telephone: (559) 487–5901, Fax: (559) 20 days after the date of the entry of the In addition, because prior notice and
487–5906 or Email: Debbie.Wray@ ruling. opportunity for comment are not
ams.usda.gov or Michelle.Sharrow@ This final rule authorizes USDA’s required to be provided for this final
ams.usda.gov. Agricultural Marketing Service (AMS) to rule, this rule is exempt from the
Small businesses may request use either electronic communication or requirements of the Regulatory
information on complying with this a postal or other delivery service to mail Flexibility Act, 5 U.S.C. 601, et seq.
regulation by contacting Richard Lower, a notice of hearing to industry and the
Marketing Order and Agreement public for proceedings related to Paperwork Reduction Act
Division, Specialty Crops Program, proposing new or amending existing This rule contains no information
AMS, USDA, 1400 Independence orders. collection or recordkeeping
Avenue SW, STOP 0237, Washington, Part 900 provides the procedural requirements under the Paperwork
DC 20250–0237; Telephone: (202) 720– requirements that govern proceedings to Reduction Act of 1995 (44 U.S.C. 3501–
amozie on DSK3GDR082PROD with RULES
2491, Fax: (202) 720–8938, or Email: formulate orders and when necessary, to 3520).
Richard.Lower@ams.usda.gov. amend existing orders. These AMS is committed to complying with
SUPPLEMENTARY INFORMATION: This final proceedings include holding a public the E-Government Act to promote the
rule is issued under the general hearing where, among other things, use of the internet and other
regulations for Federal marketing witnesses provide testimony about the information technologies, to provide
agreements and orders (7 CFR part 900), proposal and evidence is admitted for increased opportunities for citizen
VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/83_FR_53146/page/1.svg)
![52944 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations
access to Government information and SUMMARY: This rule implements a Regulation and Controlling Regulatory
services, and for other purposes. recommendation to change the Costs’ ’’ (February 2, 2017).
USDA has not identified any relevant container requirements under the This rule has been reviewed under
Federal rules that duplicate, overlap, or Marketing Order for oranges and Executive Order 12988, Civil Justice
conflict with this final rule. grapefruit grown in the Lower Rio Reform. This rule is not intended to
A small business guide on complying Grande Valley in Texas. This action have retroactive effect.
with fruit, vegetable, and specialty crop removes five containers from the list of The Act provides that administrative
marketing agreements and orders may authorized containers and adds seven proceedings must be exhausted before
be viewed at: http://www.ams.usda.gov/ new containers to the list. This change parties may file suit in court. Under
rules-regulations/moa/small-businesses. also modifies the descriptions of two section 608c(15)(A) of the Act, any
Any questions about the compliance authorized containers. handler subject to an order may file
guide should be sent to Richard Lower DATES: Effective November 19, 2018. with USDA a petition stating that the
at the previously mentioned address in order, any provision of the order, or any
the FOR FURTHER INFORMATION CONTACT FOR FURTHER INFORMATION CONTACT:
obligation imposed in connection with
section. Doris Jamieson, Marketing Specialist, or the order is not in accordance with law
Christian D. Nissen, Regional Director, and request a modification of the order
List of Subjects in 7 CFR Part 900 Southeast Marketing Field Office, or to be exempted therefrom. A handler
Administrative practice and Marketing Order and Agreement is afforded the opportunity for a hearing
procedure, Freedom of information, Division, Specialty Crops Program, on the petition. After the hearing, USDA
Marketing agreements, Reporting and AMS, USDA; Telephone: (863) 324– would rule on the petition. The Act
recordkeeping requirements. 3375, Fax: (863) 291–8614, or Email: provides that the district court of the
Doris.Jamieson@ams.usda.gov or United States in any district in which
For the reasons set forth above, 7 CFR
Christian.Nissen@ams.usda.gov. the handler is an inhabitant, or has his
part 900 is amended as follows:
Small businesses may request or her principal place of business, has
PART 900—GENERAL REGULATIONS information on complying with this jurisdiction to review USDA’s ruling on
regulation by contacting Richard Lower, the petition, provided an action is filed
■ 1. The authority citation for part 900 Marketing Order and Agreement not later than 20 days after the date of
continues to read as follows: Division, Specialty Crops Program, the entry of the ruling.
Authority: 7 U.S.C. 601–674 and 7 U.S.C. AMS, USDA, 1400 Independence This final rule removes five
7401. Avenue SW, STOP 0237, Washington, containers from the list of authorized
DC 20250–0237; Telephone: (202) 720– containers under the Order and adds
■ 2. In § 900.4, revise paragraph
2491, Fax: (202) 720–8938, or Email: seven new containers to the list. This
(b)(1)(ii) to read as follows:
Richard.Lower@ams.usda.gov. action also modifies the descriptions of
§ 900.4 Institution of proceeding. SUPPLEMENTARY INFORMATION: This final two authorized containers. The
* * * * * rule, pursuant to 5 U.S.C. 553, amends Committee recommended these changes
(b) * * * regulations issued to carry out a to align the Order’s container
(1) * * * marketing order as defined in 7 CFR regulations with current industry
(ii) By mailing a true copy of the 900.2(j). This final rule is issued under practices. The Committee unanimously
notice of hearing, using a postal or other Marketing Agreement and Order No. recommended the changes at a meeting
delivery service or electronic 906, as amended (7 CFR part 906), on June 8, 2017.
communication, to each of the persons regulating the handling of oranges and Section 906.40(d) of the Order
known to the Administrator to be grapefruit grown in the Lower Rio authorizes the issuance of regulations to
interested therein; Grande Valley in Texas. Part 906 fix the size, weight, capacity,
* * * * * (referred to as the ‘‘Order’’) is effective dimensions, or pack of the container or
under the Agricultural Marketing containers which may be used in the
Dated: October 15, 2018.
Agreement Act of 1937, as amended (7 packaging, transportation, sale,
Bruce Summers, U.S.C. 601–674), hereinafter referred to shipment, or other handling of fruit.
Administrator, Agricultural Marketing as the ‘‘Act.’’ The Texas Valley Citrus Section 906.340 provides that no
Service. Committee (Committee) locally handler shall handle any variety of
[FR Doc. 2018–22761 Filed 10–18–18; 8:45 am] administers the Order and is comprised oranges or grapefruit grown in the
BILLING CODE 3410–02–P of growers and handlers of Texas citrus production area unless such fruit is
operating within the production area. packed in one of the containers
The Department of Agriculture specified under the Order. This section
DEPARTMENT OF AGRICULTURE also specifies a detailed list of the
(USDA) is issuing this final rule in
Agricultural Marketing Service conformance with Executive Orders containers currently authorized under
13563 and 13175. This action falls the Order. In addition, this section
7 CFR Part 906 within a category of regulatory actions allows the Committee to approve the
that the Office of Management and use of other types and sizes of
[Doc. No. AMS–SC–17–0049; SC17–906–2 Budget (OMB) exempted from Executive containers for testing for research
FR] Order 12866 review. Additionally, purposes.
because this rule does not meet the The Committee reviewed the
Oranges and Grapefruit Grown in definition of a significant regulatory containers listed in § 906.340 and
amozie on DSK3GDR082PROD with RULES
Lower Rio Grande Valley in Texas; action, it does not trigger the compared them to the containers being
Changing of Container Requirements requirements contained in Executive utilized throughout the industry. This
AGENCY: Agricultural Marketing Service, Order 13771. See OMB’s Memorandum process included surveying handlers to
USDA. titled ‘‘Interim Guidance Implementing determine which containers were being
Section 2 of the Executive Order of used. As a result, the Committee
ACTION: Final rule.
January 30, 2017, titled ‘Reducing determined five of the authorized
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Document Created: 2018-10-19 01:25:00
Document Modified: 2018-10-19 01:25:00
| 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 October 19, 2018. | |
| Contact | Debbie Wray, Senior Marketing Specialist, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 2202 Monterey Street, Suite 102-B, Fresno, CA 93721; Telephone: (559) 487-5901, Fax: (559) 487-5906 or Email: [email protected] or [email protected] | |
| FR Citation | 83 FR 52943 | |
| CFR Associated | Administrative Practice and Procedure; Freedom of Information; Marketing Agreements and Reporting and Recordkeeping Requirements |
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