Proposed California Federal Milk Marketing Order, 5215 [2018-02386]

Download as PDF 5215 Proposed Rules Federal Register Vol. 83, No. 25 Tuesday, February 6, 2018 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. 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. 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. SUMMARY: February 6, 2018. 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. DATES: ADDRESSES: Erin Taylor, Acting Director, (202) 720–7311, email address: erin.taylor@ ams.usda.gov. FOR FURTHER INFORMATION CONTACT: 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 daltland on DSKBBV9HB2PROD with PROPOSALS SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 4 [Docket No. 160801675–7593–01] RIN 0605–AA45 Public Information, Freedom of Information Act and Privacy Act Regulations Department of Commerce. Notice of proposed rulemaking; request for comments. AGENCY: ACTION: This rulemaking proposes revisions to the Department of Commerce’s (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are being revised to clarify, update and streamline the language of several procedural provisions, including methods for submitting FOIA requests and appeals and the time limits for filing an administrative appeal, and to incorporate certain changes brought about by the amendments to the FOIA under the FOIA Improvement Act of 2016. Additionally, the FOIA regulations are being updated to reflect developments in the case law. DATES: To be considered, written comments must be submitted on or before March 8, 2018. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 0605–AA45, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Dr. Michael J. Toland, Deputy Chief Freedom of Information Act Officer and Department Privacy Act Officer, Office of Privacy and Open Government, 1401 Constitution Ave. SUMMARY: E:\FR\FM\06FEP1.SGM 06FEP1

Agencies

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Page 5215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

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