Rules of Practice and Procedure Governing Formal Rulemaking Proceedings Instituted by the Secretary
| Published date | 01 October 2019 |
| Citation | 84 FR 51938 |
| Record Number | 2019-20585 |
| Section | Rules and Regulations |
| Court | The Secretary Of Agriculture Office |
Federal Register, Volume 84 Issue 190 (Tuesday, October 1, 2019)
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51938-51939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20585]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary of Agriculture
7 CFR Part 1
Rules of Practice and Procedure Governing Formal Rulemaking
Proceedings Instituted by the Secretary
AGENCY: Office of the Secretary of Agriculture, USDA.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Agriculture (USDA or Department) is
amending the regulations on the rules of practice and procedure
governing formal rulemaking proceedings instituted by the Secretary.
This final rule amends the definition of judge so that the term is
consistently applied to all USDA formal rulemaking proceedings.
DATES: This final rule is effective October 1, 2019.
FOR FURTHER INFORMATION CONTACT: Rupa Chilukuri, Trial Attorney, Office
of the General Counsel, telephone: 202-720-4982, email:
[email protected].
SUPPLEMENTARY INFORMATION: USDA is issuing this final rule to amend the
definition of judge in the rules of practice and procedure governing
formal rulemaking proceedings instituted by the Secretary. The current
definition of judge in the rules of practice at 7 CFR 1.802 only
includes administrative law judges. To provide the agency with more
flexibility in overseeing formal rulemaking proceedings, and to better
allocate resources within the Department, we are expanding the
definition of judge to be consistent with how that term is defined in
the Department's other rules of practice and procedure applicable to
formal rulemaking proceedings (i.e., 7 CFR part 900 (General
Regulations) and 7 CFR part 1200 (Rules of Practice and Procedure
Governing Proceedings Under Research, Promotion, and Information
Programs)). Judge will now be defined as 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.
[[Page 51939]]
5 U.S.C. 553, 601, and 804
This final rule modifies a definition in 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). 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.
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.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
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 on ``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
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 in 7 CFR Part 1
Administrative practice and procedure.
For the reasons set forth in the preamble, 7 CFR part 1 is amended
as follows:
PART 1--ADMINISTRATIVE REGULATIONS
Subpart P--Rules of Practice and Procedure Governing Formal
Rulemaking Proceedings Instituted by the Secretary
0
1. Add an authority citation for subpart P of part 1 to read as
follows:
Authority: 5 U.S.C. 301.
0
2. Section 1.802 is amended by revising the definition of ``Judge'' to
read as follows:
Sec. 1.802 Definitions.
* * * * *
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.
* * * * *
Stephen Alexander Vaden,
General Counsel, Office of the General Counsel.
[FR Doc. 2019-20585 Filed 9-30-19; 8:45 am]
BILLING CODE 3410-90-P
