[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]
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