[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Rules and Regulations]
[Page 49085-49090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-1]
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Rules and Regulations
Federal Register
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[[Page 49085]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 900
[Doc. No. AMS-DA-07-0069; DA-08-04]
Amendment of General Regulations for Federal Milk Marketing
Agreements and Marketing Orders; Addition of Supplemental Rules of
Practice for Amendatory Formal Rulemaking Proceedings
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the general regulations for Federal
milk marketing agreements and marketing orders by establishing
supplemental rules of practice for amendatory formal rulemaking
proceedings in accordance with section 1504 of the Food, Conservation
and Energy Act of 2008 (2008 Farm Bill). This rule provides for
supplemental guidelines, timeframes and procedures for amending Federal
milk marketing agreements and orders; authorizes the use of informal
rulemaking (5 U.S.C. 553) to amend such agreements and orders; and
establishes provisions that permit the Department of Agriculture (USDA)
to impose assessments on pooled milk under a Federal milk marketing
agreement or order to fund expedited amendatory formal rulemaking. Such
assessments would supplement appropriated funds for the procurement of
services required by USDA to perform rulemaking functions. Section 1504
of the 2008 Farm Bill also applies to amendments to the fruit,
vegetable and nut marketing agreements and orders. The supplemental
rules of practice for fruit, vegetable and nut marketing agreements and
orders are addressed in a separate rulemaking document.
DATES: Effective Date:
August 20, 2008.
FOR FURTHER INFORMATION CONTACT: William Richmond, Dairy Marketing
Specialist, (303) 691-1949, Order Formulation and Enforcement Branch,
USDA/AMS/Dairy Programs, STOP 0231--Room 2971-A, 1400 Independence
Avenue, SW., Washington, DC 20250-0231. William.Richmond@usda.gov
SUPPLEMENTARY INFORMATION: This final rule is issued under the general
regulations for Federal marketing agreements and orders (7 CFR part
900), effective under the Agricultural Marketing Agreement Act of 1937,
as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
The Act provides authority for Federal marketing agreement and
order programs for milk. Federal milk marketing orders contain certain
provisions that classify milk in accordance with the purpose for which
it is used, and establish a method for setting minimum prices for each
such use classification which all handlers pay; and provisions
providing for the payment of uniform prices to producers and
associations of producers.
Background
Currently, the provisions of 556 and 557 of Title 5 of the United
States Code (formal rulemaking; 5 U.S.C. 556-557) are followed for
promulgating, as well as amending Federal marketing agreements and
orders. Section 557 requires that the rulemaking proceeding, including
agency decisions, be conducted on the record.
Following the provisions of 5 U.S.C. 556-557 and part 900 of the
general regulations, which includes the rules of practice for formal
rulemaking, a request for a hearing on the proposal to promulgate or
amend an agreement or order is sent to the Administrator of the
Agricultural Marketing Service (AMS). AMS reviews the request and
supporting documents, as well as any alternative proposals from
interested parties and, if appropriate, a notice of public hearing is
issued and published in the Federal Register. In some instances, when
appropriate, a pre-hearing information session is conducted prior to
issuance of a notice of hearing.
A USDA Administrative Law Judge (ALJ) presides at a public hearing
and a record is compiled of the testimony of proponents, opponents, and
other interested persons. Proposed findings and conclusions, and
written arguments or briefs may be filed with USDA after the hearing.
A recommended decision, with opportunity to file exceptions is
issued and a Secretary's (final) decision follows. In accordance with
the Act, a referendum is conducted among individual producers or a poll
of cooperative associations of producers and, if so approved, a
marketing order or amendment to the order is made effective by final
rule in the Federal Register.
Since implementation of the provisions of 7 U.S.C. 7253 concerning
the consolidation and reform of the Federal milk marketing orders (65
FR 82840), Dairy Programs, AMS, has initiated a number of measures to
improve the timelines and effectiveness of the formal rulemaking
process for the amendment of Federal milk marketing orders, whether at
the national or individual order level.
For example, as previously mentioned, pre-hearing information
sessions have been conducted by Dairy Programs, AMS, in response to
proposals submitted by interested persons to amend Federal milk
marketing orders. Provision for such pre-hearing information sessions
is included in the 2008 Farm Bill. Also, in emergency situations, Dairy
Programs, AMS, has omitted a recommended decision or engaged in
expedited formal rulemaking, which includes the issuance of a tentative
final decision, with opportunity to file exceptions, issuance of an
interim final rule, a final decision, and subsequently a final rule.
Producer referendums or cooperative pollings are conducted, as
appropriate.
Section 608c(17) of the Act provides that the provisions for
promulgating a marketing agreement or order are also applicable to
amendments to agreements and orders. As such, amendments to the current
10 Federal milk marketing orders are subject to the provisions of this
section of the Act.
The 2008 Farm Bill and Supplemental Rules of Practice To Amend
Marketing Agreements and Orders
Section 1504 of the 2008 Farm Bill (H.R. 6124, Pub. L. 110-246)
makes changes to section 8c(17) of the Act, which, in turn, requires
the addition of supplemental rules of practice to 7 CFR part 900. For
amendments to Federal
[[Page 49086]]
milk marketing agreements and orders, the supplemental rules of
practice: Establish guidelines for submitting a proposal to amend a
provision of a Federal milk marketing agreement or order; establish
procedures following the receipt of a proposal to amend a Federal milk
marketing agreement or order, including the opportunity to hold a pre-
hearing information session; require a person who submits a proposal to
make exhibits and/or written testimony, if prepared as an exhibit,
available to USDA officials before the start of hearing on his or her
day of appearance at the hearing; establish timeframes for requesting
the preparation of USDA data prior to a hearing; define time periods
during which interested persons may file post-hearing briefs and
corrections to the hearing transcript; establish publication deadlines
for recommended decisions and tentative final decisions; define the
time period during which interested parties may file exceptions to
recommended decisions; establish publication deadlines for final
decisions; establish electronic submission standards for post-hearing
briefs and transcript corrections; authorize the use of informal
rulemaking procedures to amend Federal milk marketing agreements and
orders in certain instances; and authorize USDA to impose an assessment
on pooled milk to improve or expedite rulemaking proceedings.
Sections 900.1 through 900.18 of the general regulations of part
900 set forth the rules of practice and procedure governing proceedings
to formulate marketing agreements and orders. As stated previously, the
Act provides that provisions for promulgating marketing agreements and
orders are also applicable to amendments to agreements and orders. This
final rule amends part 900 by adding supplemental rules of practice
regarding amendments to Federal milk marketing agreements and orders to
conform to the 2008 Farm Bill. This rule will add new sections 900.20
through 900.33.
A new Sec. 900.20 is added to include standard language to a new
subpart stating that words in the singular form will be deemed to
import the plural, and vice versa, as the case may demand.
A new Sec. 900.21 is added to set forth that the definitions in
the Act and in Sec. 900.2 of this part apply to these supplemental
rules of practice.
Proposal Submission Requirements
A new Sec. 900.22 is added to specify submission requirements for
proposals to amend Federal milk marketing agreements and orders. The
proposal submission requirements in the supplemental rules of practice
will assist the dairy industry in preparation of its proposals for a
public hearing
Therefore, any proposal to amend a milk marketing agreement or
order received by USDA must include detailed explanations of the
following:
1. Explain the proposal. What is the disorderly marketing condition
that the proposal is intended to address?
2. What is the purpose of the proposal?
3. Describe the current Federal order requirements or industry
practices relative to the proposal.
4. Describe the expected impact on the industry, including on
producers and handlers, and on consumers. Explain/Quantify.
5. What are the expected effects on small businesses as defined by
the Regulatory Flexibility Act (5 U.S.C. 601-612)? Explain/Quantify.
6. How would adoption of the proposal increase or decrease costs to
producers, handlers, others in the marketing chain, consumers, the
Market Administrator offices and/or the Secretary? Explain/Quantify.
7. Would a pre-hearing information session be helpful to explain
the proposal?
USDA Procedures Following Receipt of a Proposal
A new Sec. 900.23 is added to specify timeframes for actions taken
after the receipt of a proposal for an amendment hearing regarding a
milk marketing agreement or order. Currently, the rules of practice do
not include such timeframes. This final rule adopts provisions that
require the following: Within 30 days of the receipt of proposal to
amend a provision of a Federal milk marketing order, USDA shall either:
(1) Issue a notice providing an action plan and expected timeframes for
the different steps in the formal rulemaking process for completion of
the hearing not more than 120 days after the date of the issuance of
the notice; (2) request additional information from the person
submitting the proposal to be used in deciding whether a hearing will
be held. If the information requested is not received within a
specified timeframe, the request shall be denied; or (3) deny the
request. Notice of an action plan will be made on the Dairy Programs,
AMS Web site and through program releases to interested persons.
Pre-Hearing Information Sessions
A new Sec. 900.24 is added to provide that a pre-hearing
information session may be held after a proposal to amend an agreement
or order is submitted to USDA. Currently, the rules of practice do not
provide procedures for such sessions. A pre-hearing information session
will give interested parties the opportunity to learn about a proposal
that has been submitted and how the proposal will accomplish its
intent. The objective of the session is to clarify the intent and
effect of a proposed amendment. The session will not be recorded or
become part of an official hearing record, and will not be subject to
ex-parte rules in 7 CFR 900.16, thereby allowing government officials
to openly discuss proposals.
Participation in the session is encouraged for persons who have
submitted proposals to ensure that they are understood by USDA. The
session will enable participants to better prepare testimony and
evidence, thereby supporting or opposing proposals that may be included
in a hearing notice.
USDA will determine on a case-by-case basis whether a session will
be beneficial to the process. A person submitting a proposal may
request a session when submitting a proposal for formal rulemaking.
USDA's decision to hold a session does not guarantee a hearing will
occur or that any specific proposal will be included in a hearing
notice.
The pre-hearing information session will be conducted by USDA
representatives. Each person submitting a proposal will have an
opportunity to present and explain his or her proposal, ask procedural
questions regarding the proposal, and request the preparation of USDA
data for use at a possible hearing. Only USDA representatives will ask
questions to clarify the information presented by the person submitting
the proposal. Other parties may submit questions to be asked of the
person who submitted the proposal for consideration by USDA before or
during the session.
The session is intended to provide for the open discussion of
proposals. In most situations, the session should be completed within
one day. All proposals and comments received in response to a specific
request for additional proposals will be available to the public via
the Dairy Programs, AMS Web site prior to the information session. USDA
may provide background information regarding certain topics.
After the close of an information session, the person submitting a
proposal will have up to 3 calendar days to modify or withdraw his or
her proposal prior to the publication of a notice of hearing.
The Department will consider the information presented at the
session to
[[Page 49087]]
assist in determining the necessity of a hearing and consistency of a
proposal with the Act. If a hearing is to be held, a hearing notice
will be published in the Federal Register. If it is determined that a
proposal does not warrant a hearing, the person who submitted the
proposal will be so notified.
Advance Submission of Testimony
A new Sec. 900.25 is added to provide requirements for written
testimony submitted as an exhibit at an amendatory Federal milk
marketing rulemaking hearing. These requirements only apply to the
person who submits a proposal being considered at the amendatory
hearing.
Currently, witnesses at hearings regarding proposed new or amended
marketing agreements or orders are not required to supply written
testimony prior to testifying. However, any documentation supplied
during the hearing must be submitted in quadruplicate when prepared as
an exhibit under current section 900.8(d)(4). Written testimony and
exhibits received prior to or at the time of the testimony are useful
for USDA participants whose role includes gathering sufficient
information to make a determination as to the merits of the proposal.
This rule will require that a person proposing an amendment to a
Federal milk marketing agreement or order under Sec. 900.3 of this
part, when participating as a witness, to make his or her testimony, if
prepared as an exhibit, and any other exhibits, available to USDA
officials before the start of the hearing on the person's day of
appearance. Based upon prior formal rulemaking experience, individual
dairy farmers should not be subject to this requirement.
This requirement should encourage the timely preparation of written
statements and hearing exhibits by hearing participants, and reduce the
length of hearings. Advance submission of testimony from a person
submitting a proposal will help to ensure more concise and cogent
hearing records.
Requesting USDA Data for Use at a Hearing
A new Sec. 900.26 is added to provide requirements for USDA data
requests to be used at an amendatory Federal milk marketing hearing.
The current rules of practice do not provide timeframes for such
requests. USDA officials seek to provide in a timely fashion requested
data to hearing participants for use at a hearing and as such the
timeframes established are considered reasonable.
Accordingly, under these supplemental rules of practice, requests
to USDA, including Market Administrator personnel, for data to be used
or presented at an amendatory hearing must be received at least 10 days
before the beginning of the hearing. If an amendatory hearing is
announced with less than 10 days before the start of the hearing,
requests for data need to be submitted within 2 days following the
publication of the notice of hearing in the Federal Register.
Deadline for Filing Post-Hearing Briefs and Corrections to Transcript
A new Sec. 900.27 is added to provide deadlines for filing briefs
and corrections to the transcript after a hearing is completed on an
amendment to a Federal milk marketing agreement or order. The 2008 Farm
Bill provided that a post-hearing brief may be filed not later than 60
days after the date of an amendatory hearing. The current rules of
practice at Sec. 900.9(b) provide that the ALJ presiding at a hearing
shall announce a reasonable period of time within which interested
persons may file findings and conclusions, and written arguments or
briefs. At Sec. 900.10, the rules of practice provide that as soon as
possible after the hearing, the ALJ shall transmit a certified copy of
the transcript with appropriate corrections to the hearing clerk. The
certified copy of the transcript, in turn, may be used by interested
persons to file proposed findings and conclusions, and written
arguments or briefs. At the hearing, the ALJ announces a reasonable
period of time for interested persons to provide proposed corrections
to the transcript. In view of the above, the supplemental rules of
practice include a deadline for such corrections.
Accordingly, this final rule requires submission of corrections to
the transcript by a date determined at the hearing not to exceed 30
calendar days after an amendatory hearing transcript is available.
Further, post-hearing briefs must be filed by a date determined at the
hearing not to exceed 60 days after the end of the amendatory hearing.
These deadlines provide for reasonable periods of time that will
assist in improving timeliness of the rulemaking process.
Deadline for Issuance of Recommended Decisions and Tentative Final
Decisions
A new Sec. 900.28 is added to provide deadlines for issuing a
recommended decision or, when applicable, a tentative final decision.
The 2008 Farm Bill provides that a recommended decision in an
amendatory proceeding shall be issued not later than 90 days after the
deadline for submission of post-hearing briefs. Accordingly, this final
rule requires that USDA must issue a recommended decision or tentative
final decision for a proposed amendment to a Federal milk marketing
agreement or order no later than 90 days after the deadline for
submission of post-hearing briefs.
Deadline for Filing Exceptions to Recommended Decisions
Taking into account the deadlines established in Sec. 900.28 and
Sec. 900.30, a new Sec. 900.29 is added to provide a deadline for
filing exceptions to a recommended decision. This final rule requires
that all exceptions be filed with the hearing clerk no later than 60
days after publication of a recommended decision in the Federal
Register, unless otherwise specified in the recommended decision. This
standard will help to provide for more timely publication of final
decisions. Since an interim final rule is issued when a tentative final
decision is used, rather than a recommended decision, no similar
deadline is provided for exceptions to a tentative final decision.
Deadline for Issuance of a Secretary's (Final) Decisions
A new Sec. 900.30 is added to provide a deadline for issuance of a
Secretary's (final) decision. The 2008 Farm Bill provides that a final
decision for a proposed amendment to a Federal milk marketing agreement
or order shall be issued not later than 60 days after the deadline for
submission of comments and exceptions to the recommended decision.
Since an interim final rule has been issued prior to issuance of a
final rule when a tentative final decision is used, no similar deadline
is issued for a final decision in this instance.
Electronic Document Submission Standards
A new Sec. 900.31 is added to provide for the submission of
electronic documents in proceedings to amend marketing agreements and
orders. The current rules of practice in part 900 require that four
copies of all documents related to proposed new and amended marketing
agreements and orders be filed with the hearing clerk. With new
technologies currently available, most documents in these proceedings
are also filed electronically with AMS. The 2008 Farm Bill requires
that electronic submission standards be established. Therefore, Sec.
900.31 sets forth that, when possible, all documents filed with the
hearing clerk shall also be submitted electronically as specified by
Dairy Programs, AMS and reference the
[[Page 49088]]
docket number of the proceeding. This provision sets forth that
instructions for electronic filing will be provided in the notice of
action plan referred to in Sec. 900.23 of this subpart, the amendatory
hearing, and in each Federal Register publication regarding the
amendatory proceeding.
Informal Rulemaking
A new Sec. 900.32 is added to allow the use of informal rulemaking
procedures (5 U.S.C. 553) to amend Federal milk marketing agreements
and orders that do not directly affect milk prices. Prior to the 2008
Farm Bill, the Act required that all proposals to promulgate a new or
amend a current marketing agreement or order were to be conducted
through formal rulemaking under Sec. Sec. 556 and 557 of Title 5 of
the United States Code. However, the 2008 Farm Bill modified the
authority whereby amendments to marketing agreements and orders can be
conducted. It provides that authority under Sec. 553 of the United
States Code covering informal rulemaking procedures can be an option
for amending a Federal milk marketing agreement or order if that
amendment does not directly affect milk prices.
Currently, informal rulemaking procedures are used to establish
implementing regulations authorized by marketing agreements and orders.
The timeframe for completion of informal rulemaking actions is usually
about 90 days, as opposed to formal rulemaking that, because of the
procedural requirements including the holding a public hearing and
producer referenda, generally has a longer timeframe.
In accordance with the 2008 Farm Bill, Sec. 900.32 will allow the
option of using informal rulemaking to amend Federal milk marketing
agreements and orders if a proposal does not directly affect milk
prices. In considering whether informal rulemaking will be used to
amend a Federal milk marketing agreement or order, USDA will consider:
the nature and complexity of the proposal, the potential regulatory and
economic impacts on affected entities, and any other relevant matters.
Industry Assessments
The 2008 Farm Bill provides for industry assessments. A new Sec.
900.33 is added to allow USDA to assess handlers for costs associated
with an amendatory formal rulemaking proceeding to amend a Federal milk
marketing agreement or order, if it is determined necessary to improve
or expedite the rulemaking proceeding. Currently, administrative costs
associated with formal rulemaking are paid for by AMS. These costs
include hiring a court reporter, a hearing examiner, legal counsel, and
associated travel costs. Some of these costs could increase if it was
determined necessary to improve or expedite the proceeding. For
example, court reporting costs could increase in order to receive the
transcripts at an earlier date than normal.
Section 900.33 states that if USDA determines it is necessary to
improve or expedite an amendment proceeding, USDA may impose an
assessment on pooled milk to supplement appropriated funds for the
procurement of such services including but not limited to court
reporters, hearing examiners, legal counsel, hearing venue and
associated travel for USDA officials. Only the milk pooled in the
particular marketing area that stands to be affected by proposals heard
at the amendatory hearing may be assessed. The assessments will be
subject to the provisions of Sec. 1000.85 (7 CFR 1000.85) concerning
assessments for order administration. The additional industry
assessment shall not exceed $.005 per hundredweight of milk for any
given month.
Final Action
In accordance with the 2008 Farm Bill, this final rule establishes
supplemental rules of practice regarding amendments to Federal milk
marketing agreements and orders.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
Subtitle F of Title I of the 2008 Farm Bill provides that the
promulgation of these regulations shall be made without regard to the
Paperwork Reduction Act (44 U.S.C. Chapter 35), the Statement of Policy
of the Secretary of Agriculture, effective July 24, 1971 (36 FR 13804),
and the notice and comment provisions of section 553 of Title 5, United
States Code.
This rule relates to internal agency management. Therefore, this
rule is exempt from the provisions of Executive Orders 12866 and 12988,
and for this same reason the notice of proposed rulemaking and
opportunity for comment are also not required, as this rule may be
effective less than 30 days after publication in the Federal Register.
In addition, under 5 U.S.C. 804, this rule is not subject to
congressional review under the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121). Finally, this rule is not a
rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612)
(RFA). Therefore, this rule is exempt from the requirements of the RFA.
It is hereby found that this rule, as hereinafter set forth, will
tend to effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 900
Administrative practice and procedures, Federal milk marketing
agreements and orders, Marketing agreements.
0
For the reasons set forth in the preamble, 7 CFR part 900 is amended by
adding a new subpart consisting of Sec. Sec. 900.20 through 900.33 to
read as follows:
PART 900--GENERAL REGULATIONS
Subpart--Supplemental Rules of Practice Governing Proceedings To
Amend Federal Milk Marketing Agreements and Marketing Orders
Sec.
900.20 Words in the singular form.
900.21 Definitions.
900.22 Proposal submission requirements.
900.23 Procedures following receipt of proposal.
900.24 Pre-hearing information sessions.
900.25 Advance submission of testimony.
900.26 Requesting USDA data for use at a hearing.
900.27 Deadline for filing post-hearing briefs and corrections to
transcript.
900.28 Deadline for issuance of recommended decisions or tentative
final decisions.
900.29 Deadline for filing exceptions to recommended decisions.
900.30 Deadline for issuance of Secretary's (final) decisions.
900.31 Electronic document submission standards.
900.32 Informal rulemaking.
900.33 Industry assessments.
Authority: 7 U.S.C. 608c(17) and 610.
Subpart--Supplemental Rules of Practice Governing Proceedings To
Amend Federal Milk Marketing Agreements and Marketing Orders
Sec. 900.20 Words in the singular form.
Words in this subpart in the singular form shall be deemed to
import the plural, and vice versa, as the case may demand.
Sec. 900.21 Definitions.
As used in this subpart, the terms as defined in the Act and in
Sec. 900.2 of this part shall apply.
Sec. 900.22 Proposal submission requirements.
When a person other than the Secretary makes a proposal to amend a
Federal milk marketing agreement or order under Sec. 900.3 of this
part, the
[[Page 49089]]
proposal shall address the following, to the extent applicable:
(a) Explain the proposal. What is the disorderly marketing
condition that the proposal is intended to address?
(b) What is the purpose of the proposal?
(c) Describe the current Federal order requirements or industry
practices relative to the proposal.
(d) Describe the expected impact on the industry, including on
producers and handlers, and on consumers. Explain/Quantify.
(e) What are the expected effects on small businesses as defined by
the Regulatory Flexibility Act (5 U.S.C. 601-612)? Explain/Quantify.
(f) How would adoption of the proposal increase or decrease costs
to producers, handlers, others in the marketing chain, consumers, the
Market Administrator offices and/or the Secretary? Explain/Quantify.
(g) Would a pre-hearing information session be helpful to explain
the proposal?
Sec. 900.23 Procedures following receipt of a proposal.
Within 30 days of receipt of a proposal to amend a Federal milk
marketing agreement order under Sec. 900.3 of this part, USDA shall
either: Issue a notice providing an action plan and expected timeframes
for the different steps in the formal rulemaking process for completion
of the hearing not more than 120 days after the date of the issuance of
the notice; request additional information from the person submitting
the proposal to be used in deciding whether a hearing will be held. If
the information requested is not received within a specified timeframe,
the request shall be denied; or deny the request. Notice of the action
plan will be made on the Dairy Programs, AMS Web site and through
program releases to interested persons.
Sec. 900.24 Pre-hearing information sessions.
A pre-hearing information session may be held by the Secretary in
response to any proposals received under Sec. 900.3 of this part. Any
person proposing an amendment to a Federal milk marketing agreement or
order may request that a pre-hearing information session be held. A
person submitting a proposal shall have up to 3 calendar days to modify
or withdraw his or her proposal prior to the publication of a notice of
hearing.
Sec. 900.25 Advance submission of testimony.
Any person proposing an amendment to a Federal milk marketing
agreement or order under Sec. 900.3 of this part, when participating
as a witness, shall make copies of his or her testimony, if prepared as
an exhibit, and any other exhibits available to USDA officials before
the start of the hearing on the person's day of appearance. Individual
dairy farmers shall not be subject to this requirement.
Sec. 900.26 Requesting USDA data for use at an amendatory hearing.
Requests for preparation of USDA data to be used at a Federal milk
marketing agreement or order amendatory proceeding must be received by
USDA at least 10 days before the beginning of the hearing. If an
amendatory hearing is announced with less than 10 days before the start
of the hearing, requests for data must be submitted within 2 days
following publication of the notice of hearing in the Federal Register.
Sec. 900.27 Deadline for filing post-hearing briefs and corrections
to transcript.
(a) Under Sec. 900.10 of this part, the period of time for
interested persons to file corrections to the transcript of testimony
at a Federal milk marketing agreement or order amendatory proceeding
shall be no more than 30 days after the hearing record is available.
(b) Under Sec. 900.9(b) of this part, the period of time after the
completion of a Federal milk marketing agreement or order amendatory
hearing for interested persons to file proposed findings and
conclusions, and written arguments or briefs, shall be no more than 60
days after completion of the amendatory hearing.
Sec. 900.28 Deadline for issuance of recommended decisions or
tentative final decisions.
In a Federal milk marketing agreement or order amendatory
proceeding, USDA shall issue a recommended decision under Sec. 900.12
or, when applicable, a tentative final decision, not later than 90 days
after the deadline for submission of proposed findings and conclusions,
and written arguments or briefs.
Sec. 900.29 Deadline for filing exceptions to recommended decisions.
In a Federal milk marketing agreement or order amendatory
proceeding, exceptions to a recommended decision under Sec. 900.12
shall be filed with the hearing clerk not later than 60 days after
publication of the recommended decision in the Federal Register, unless
otherwise specified in that decision.
Sec. 900.30 Deadline for issuance of Secretary's (final) decisions.
A Secretary's (final) decision under Sec. 900.13a to a proposed
amendment on marketing agreement or order shall be issued not later
than 60 days after the deadline for submission of exceptions to the
recommended decision.
Sec. 900.31 Electronic submission of hearing documents.
To the extent practicable, all documents filed with the hearing
clerk in a proceeding to amend a Federal milk marketing agreement or
order shall also be submitted electronically to the Dairy Programs,
Agricultural Marketing Service, USDA. All documents should reference
the docket number of the proceeding. Instructions for electronic filing
will be provided in the notice of action plan referred to in Sec.
900.23 of this subpart, at the amendatory hearing, and in each Federal
Register publication regarding the amendatory proceeding.
Sec. 900.32 Informal rulemaking.
USDA may elect to use informal rulemaking procedures under 553 of
Title 5, United States Code, to amend Federal milk marketing agreements
and orders, other than provisions that directly affect milk prices. In
making this determination, consideration shall be given to:
(a) The nature and complexity of the proposal;
(b) The potential regulatory and economic impacts on affected
entities; and
(c) Any other relevant matters.
Sec. 900.33 Industry assessments.
If the Secretary determines it is necessary to improve or expedite
an amendatory formal rulemaking proceeding to amend a Federal milk
marketing agreement or order, USDA may impose an assessment on pooled
milk to supplement appropriated funds for the procurement of such
services, including but not limited to, court reporters, hearing
examiners, legal counsel, hearing venue and associated travel for USDA
officials. Only the milk pooled in the particular marketing area that
stands to be affected by proposals heard at the amendatory proceeding
may be assessed. The assessments shall be subject to the provisions of
Sec. 1000.85 (7 CFR 1000.85) concerning assessments for order
administration, including the provision that assessments shall not
exceed $.005 per hundredweight of milk for any given month.
[[Page 49090]]
Dated: August 13, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-19134 Filed 8-19-08; 8:45 am]
BILLING CODE 3410-02-P