Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement, a Marketing Order, or Certain Research and Promotion Orders, 58097-58098 [2017-26718]

Download as PDF 58097 Rules and Regulations Federal Register Vol. 82, No. 236 Monday, December 11, 2017 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. 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 Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: 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. SUMMARY: DATES: Effective Date: December 11, 2017. sradovich on DSK3GMQ082PROD with RULES 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 VerDate Sep<11>2014 17:23 Dec 08, 2017 Jkt 244001 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 E:\FR\FM\11DER1.SGM 11DER1 58098 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations Authority: 7 U.S.C. 608c. 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. 5. In § 900.51 revise paragraph (d) to read as follows: ■ § 900.51 Definitions. [FR Doc. 2017–26718 Filed 12–8–17; 8:45 am] * 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.]. * * * * (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 List of Subjects 7 CFR Part 900 Administrative practice and procedure, Freedom of information, Marketing agreements, Reporting and recordkeeping requirements. 6. The authority for part 1200 continues to read as follows: ■ 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: 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 7. The authority for subpart A continues to read as follows: ■ Authority: 7 U.S.C. 2103, 2614, 2704, and 4804. PART 900—GENERAL REGULATIONS ■ 1. The authority citation for part 900 continues to read as follows: § 1200.2 ■ 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 2. The authority citation for this subpart continues to read as follows: 8. In § 1200.2, revise paragraph (f) to read as follows: 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. * * * * * ■ 3. In § 900.2, revise paragraph (d) to read as follows: Subpart B—Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Information Programs § 900.2 ■ Authority: 7 U.S.C. 610. ■ 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. * * * * * sradovich on DSK3GMQ082PROD with RULES * Subpart—Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders 4. The authority citation for this subpart continues to read as follows: ■ VerDate Sep<11>2014 17:23 Dec 08, 2017 Jkt 244001 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. 10. In § 1200.51, revise paragraph (g) to read as follows: ■ § 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. * * * * * PO 00000 Frm 00002 Fmt 4700 Dated: December 7, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. Sfmt 4700 BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0625; Product Identifier 2016–NM–089–AD; Amendment 39–19118; AD 2017–25–04] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are superseding Airworthiness Directive (AD) 2014–22– 08, which applied to all Airbus Model A318 and A319 series airplanes; Model A320–111, –211, –212, –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes. AD 2014–22–08 required revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements. This new AD requires revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements, and removes airplanes from the applicability. This AD was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 16, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 16, 2018. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of December 17, 2014 (79 FR 67042, November 12, 2014). ADDRESSES: For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: account.airworth-eas@ airbus.com; Internet: http:// SUMMARY: E:\FR\FM\11DER1.SGM 11DER1

Agencies

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58097-58098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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