[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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