Procedural Requirements Governing Proceedings Pertaining to Marketing Agreements and Marketing Orders

Cited as:85 FR 41173
Court:Agricultural Marketing Service
Publication Date:09 Jul 2020
Record Number:2020-13364
Federal Register, Volume 85 Issue 132 (Thursday, July 9, 2020)
[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
                [Rules and Regulations]
                [Pages 41173-41174]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-13364]
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                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 900
                [AMS-DA-20-0044]
                Procedural Requirements Governing Proceedings Pertaining to
                Marketing Agreements and Marketing Orders
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Final rule.
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                SUMMARY: The U.S. Department of Agriculture (USDA) is adopting a final
                rule to amend the procedural regulations governing proceedings to
                formulate or amend Marketing Agreements and Marketing Orders. This
                final rule adopts a provision to allow the agency to utilize
                alternative procedures for conducting a rulemaking proceeding as
                outlined in a notice of hearing.
                DATES: This final rule is effective on July 9, 2020.
                FOR FURTHER INFORMATION CONTACT: Erin Taylor, Acting Director, Order
                Formulation and Enforcement Division, Dairy Program, 202-720-7311,
                [email protected].
                SUPPLEMENTARY INFORMATION: USDA is issuing this final rule to amend the
                [[Page 41174]]
                procedural regulations governing proceedings pertaining to Marketing
                Agreements and Marketing Orders in 7 CFR 900 Subpart A. Those rules of
                practice and procedure are applicable to proceedings under the
                Agricultural Marketing Agreement Act of 1937, as amended (50 Stat.
                246). For purposes of efficiency and modernization, and to provide
                flexibility to adapt procedures under unique circumstances, a provision
                allowing the notice of hearing to include alternative procedures is
                being added.
                Executive Orders 12866, 13771, and 12988
                 This rule is governed by the provisions of Sections 556 and 557 of
                Title 5 of the United States Code and, therefore, is not subject to the
                requirements of Executive Order 12866.
                 This rule is not an Executive Order 13771 regulatory action because
                it is exempt from the definition of ``regulation'' or ``rule'' in
                Executive Order 12866 and, thus, is not a regulatory action.
                 The rule has been reviewed under Executive Order 12988, Civil
                Justice Reform. This rule is not intended to have retroactive effect.
                The rule will not preempt any state or local law, regulations, or
                policies, unless they present an irreconcilable conflict with 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
                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 U.S.C. 553, 601, and 804
                 This final rule amends agency rules of practice and procedure.
                Under the Administrative Procedure Act, 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). Additionally, 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.
                 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.
                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 in 7 CFR Part 900
                 General Regulations.
                 For the reasons stated in the preamble, the Agricultural Marketing
                Service amends the 7 CFR 900 Subpart A, as follows:
                PART 900--GENERAL REGULATIONS
                Subpart A--Procedural Requirements Governing Proceedings Pertaining
                to Marketing Agreements and Marketing Orders
                0
                1. The authority citation for subpart A continues to read as follows:
                 Authority: 7 U.S.C. 610
                0
                2. Revise the heading of Subpart A to read as set forth above:
                0
                3. In Sec. 900.4, revise paragraph (a) and add paragraph (d) to read
                as follows:
                Sec. 900.4 Institution of proceeding.
                 (a) Filing and contents of the notice of hearing. The proceeding
                shall be instituted by filing the notice of hearing with the hearing
                clerk. The notice of hearing shall contain a reference to the authority
                under which the marketing agreement or marketing order is proposed;
                shall define the scope of the hearing as specifically as may be
                practicable; shall describe any alternative procedures established
                pursuant to paragraph (d) of this section; shall contain either the
                terms or substance of the proposed marketing agreement or marketing
                order or a description of the subjects and issues involved and shall
                state the industry, area, and class of persons to be regulated, the
                time and place of such hearing, and the place where copies of such
                proposed marketing agreement or marketing order may be obtained or
                examined. The time of the hearing shall not be less than 15 days after
                the date of publication of the notice in the Federal Register, as
                provided in this subpart, unless the Administrator shall determine that
                an emergency exists which requires a shorter period of notice, in which
                case the period of notice shall be that which the Administrator may
                determine to be reasonable in the circumstances: Provided, That, in the
                case of hearings on amendments to marketing agreements or marketing
                orders, the time of the hearing may be less than 15 days but shall not
                be less than 3 days after the date of publication of the notice in the
                Federal Register.
                * * * * *
                 (d) Alternative procedures. The Administrator may establish
                alternative procedures for the proceeding that are in addition to or in
                lieu of one or more procedures in this subpart, provided that the
                procedures are consistent with 5 U.S.C. 556 and 557. The alternative
                procedures must be described in the notice of hearing, as required in
                paragraph (a) of this section.
                * * * * *
                0
                2. Amend Sec. 900.8 by revising paragraph (b)(1) to read as follows:
                Sec. 900.8 Conduct of the hearing.
                * * * * *
                 (b) * * * (1) Right to appear. At the hearing, any interested
                person shall be given an opportunity to appear, either in person or
                through his authorized counsel or representative, and to be heard with
                respect to matters relevant and material to the proceeding, provided
                that such interested person complies with any alternative procedures
                included in the hearing notice pursuant toSec. 900.4. Any interested
                person who desires to be heard in person at any hearing under these
                rules shall, before proceeding to testify, state his name, address, and
                occupation. If any such person is appearing through a counsel or
                representative, such person or such counsel or representative shall,
                before proceeding to testify or otherwise to participate in the
                hearing, state for the record the authority to act as such counsel or
                representative, and the names and addresses and occupations of such
                person and such counsel or representative. Any such person or such
                counsel or representative shall give such other information respecting
                his appearance as the judge may request.
                * * * * *
                Bruce Summers,
                Administrator.
                [FR Doc. 2020-13364 Filed 7-8-20; 8:45 am]
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