[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Rules and Regulations]
[Page 37171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16786]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 /
Rules and Regulations
[[Page 37171]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
[Docket No. AMS-LPS-16-0051]
RIN-0581-AD58
Rules of Practice Governing Formal Adjudicatory Proceedings
Instituted by the Secretary Under Various Statutes
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the scope and applicability of the U.S.
Department of Agriculture's (USDA) uniform rules of practice governing
adjudicatory proceedings to include actions initiated under subtitles B
and D of the Agricultural Marketing Act of 1946, as amended (1946 Act).
DATES: Effective August 9, 2017.
FOR FURTHER INFORMATION CONTACT: Michael Lynch, Director; Livestock,
Poultry, and Grain Market News Division; Livestock, Poultry, and Seed
Program; AMS, USDA, Room 2619-S, STOP 0252; 1400 Independence Avenue
SW., Washington, DC 20250-0251; telephone (202) 720-4868; fax (202)
690-3732; or email [email protected].
SUPPLEMENTARY INFORMATION: USDA's uniform rules of practice (7 CFR part
1, subpart H), which govern the conduct of adjudicatory proceedings
under numerous statutes, have been in effect since February 1, 1977.
Under this final rule, subtitles B (Livestock Mandatory Reporting) and
D (Country of Origin Labeling) of the 1946 Act (7 U.S.C. 1621 et seq.)
are governed by these uniform procedures to ensure consistency and
uniformity in the conduct of USDA's administrative activities.
Subtitle B (7 U.S.C. 1635-1636i) of the 1946 Act authorizes the
Secretary, having given notice and an opportunity for hearing, to
assess civil penalties (fines) against any packer (as defined therein)
or other person that violates Livestock Mandatory Reporting regulations
(7 U.S.C. 1636b). Each civil penalty assessed by the Secretary may be
no more than $10,000 for each violation, as adjusted by 7 CFR 3.91.
Subtitle D (7 U.S.C. 1638-1638d) of the 1946 Act authorizes the
Secretary to take enforcement actions, including civil penalties
(fines), against a retailer (as defined by the Perishable Agricultural
Commodities Act (7 U.S.C. 499a(b)(11)) or any person engaged in the
business of supplying a covered commodity to a retailer, that is
determined, after providing notice and an opportunity for a hearing
before the Secretary with respect to the violation, not to have made
good faith effort to comply with Country of Origin Labeling regulations
and has continued to willfully violate these regulations.
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. The review reveals this action would not have
substantial and direct effects on Tribal governments and would not have
significant Tribal implications.
This rule does not meet the definition of a significant regulatory
action contained in section 3(f) of Executive Order 12866, and is not
subject to review by the Office of Management and Budget (OMB).
Additionally, because this rule does not meet the definition of a
significant regulatory action it does not trigger the requirements
contained in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs'[thinsp]'' (February 2, 2017).
Pursuant to 5 U.S.C. 553, notice of proposed rulemaking and
opportunity for comment are not required for this rule regarding agency
procedure or practice, and it may be made effective less than 30 days
after publication in the Federal Register.
In addition, under 5 U.S.C. 804, this action is not subject to
congressional review under the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121).
Finally, this action is not a rule as defined by the Regulatory
Flexibility Act (5 U.S.C. 601-612) and is thus exempt from the
provisions of that Act.
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
List of Subjects in 7 CFR Part 1
Administrative practice and procedure, Antitrust, Claims,
Cooperatives, Courts, Equal access to justice, Fraud, Freedom of
information, Government employees, Indemnity payments, Lawyers, Motion
pictures, Penalties, Privacy.
For the reasons set forth in the preamble, 7 CFR part 1 is amended
as follows:
PART 1--ADMINISTRATIVE REGULATIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 301, unless otherwise noted.
0
2. The authority citation for subpart H is revised to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C 61, 87e, 228, 268, 499o,
608c(14), 1592, 1624(b), 1636b, 1638b, 2151, 2279e, 2621, 2714,
2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6519,
6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d,
1540(f), 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127, 134e, 134f,
135a, 154, 463(b), 621, 1043; 30 U.S.C. 185(o)(1); 43 U.S.C. 1740; 7
CFR 2.27, 2.35.
0
3. Amend Sec. 1.131 in paragraph (a) by adding in alphabetical order
an entry for ``Agricultural Marketing Act of 1946'' to read as follows:
Sec. 1.131 Scope and applicability of this subpart.
(a) * * *
Agricultural Marketing Act of 1946, as amended, section 253 (7
U.S.C. 1636b) and section 283 (7 U.S.C. 1638b).
* * * * *
Dated: August 4, 2017.
Sonny Perdue,
Secretary.
[FR Doc. 2017-16786 Filed 8-8-17; 8:45 am]
BILLING CODE 3410-02-P