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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

49085 

Vol. 73, No. 162 

Wednesday, August 20, 2008 

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. 

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 prehearing 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 


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49086 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 

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 posthearing 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 § 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 § 900.21 is added to set forth 

that the definitions in the Act and in 

§ 900.2 of this part apply to these 

supplemental rules of practice. 

Proposal Submission Requirements 

A new § 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 § 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 § 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-bycase 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 


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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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 900.28 and § 900.30, a 

new § 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 § 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 § 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, § 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 


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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 

§ 900.23 of this subpart, the amendatory 

hearing, and in each Federal Register 

publication regarding the amendatory 

proceeding. 

Informal Rulemaking 

A new § 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 §§ 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 § 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, § 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 § 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 § 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. 

■ For the reasons set forth in the 

preamble, 7 CFR part 900 is amended by 

adding a new subpart consisting of 

§§ 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 

§ 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. 

§ 900.21 Definitions. 

As used in this subpart, the terms as 

defined in the Act and in § 900.2 of this 

part shall apply. 

§ 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 § 900.3 of this part, the 


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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? 

§ 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 

§ 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. 

§ 900.24 Pre-hearing information sessions. 

A pre-hearing information session 

may be held by the Secretary in 

response to any proposals received 

under § 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. 

§ 900.25 Advance submission of 

testimony. 

Any person proposing an amendment 

to a Federal milk marketing agreement 

or order under § 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. 

§ 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. 

§ 900.27 Deadline for filing post-hearing 

briefs and corrections to transcript. 

(a) Under § 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 § 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. 

§ 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 § 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. 

§ 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 § 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. 

§ 900.30 Deadline for issuance of 

Secretary’s (final) decisions. 

A Secretary’s (final) decision under 

§ 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. 

§ 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 § 900.23 of this 

subpart, at the amendatory hearing, and 

in each Federal Register publication 

regarding the amendatory proceeding. 

§ 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. 

§ 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 § 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. 


sroberts on PROD1PC70 with RULES
49090 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Rules and Regulations 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0666; Airspace 

Docket No. 08–AGL–6] 

Removal of Class E Airspace; Chicago, 

IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes the Class 

E4 Airspace at Chicago, IL as there is no 

longer a Standard Instrument Approach 

Procedure (SIAP) for Chicago Aurora 

Municipal Airport requiring Class E4 

airspace. 

DATES: Effective Dates: 0901 UTC, 

November 20, 2008. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Gary 

A. Mallett, Operations Support Group, 

Central Service Center, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Blvd., Fort Worth, TX 76193–

0530; telephone (817) 222–4949. 

SUPPLEMENTARY INFORMATION: 

History 

The VOR–A Approach Procedure was 

cancelled removing the Class E4 

airspace requirement at Chicago Aurora 

Municipal Airport in Chicago, IL. This 

rule will become effective on the date 

specified in the DATES section. Since 

this action eliminates the impact of 

controlled airspace on users of the 

National Airspace System in the vicinity 

of Chicago Aurora Municipal Airport, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary. Class E 

airspace designations for airspace areas 

extending upward from the surface of 

the Earth are published in Paragraph 

6004 of FAA Order 7400.9R, signed 

August 15, 2007, and effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E designation listed in 

this document will be removed from 

publication subsequently in the Order. 

The Rule 

This amendment to part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) removes Class E4 airspace at 

Chicago Aurora Municipal Airport, 

Chicago, IL. The FAA has determined 

that this regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current, is 

noncontroversial and unlikely to result 

in adverse or negative comments. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

removes controlled airspace at Chicago 

Aurora Municipal Airport, Chicago, IL. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, effective 

September 15, 2007, is amended as 

follows: 

Paragraph 6004 Class E Airspace Areas 

Extending Upward From the Surface of the 

Earth. 

* * * * * 

AGL IL E4 Chicago, Aurora Municipal 

Airport [Remove] 

* * * * * 

Issued in Fort Worth, TX on: August 6, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E8–19022 Filed 8–19–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2008–0628; Airspace 

Docket No. 07–ASW–15] 

RIN 2120–AA66 

Revision of Restricted Area 5107A; 

White Sands Missile Range, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Restricted 

Area 5107A (R–5107A), White Sands 

Missile Range, NM, by subdividing the 

area to reduce the size of R–5107A, and 

establish R–5107K. Together, R–5107A 

and R–5107K will occupy the same 

vertical, but slightly smaller lateral area 

than the existing R–5107A. The FAA is 

taking this action in response to a 

request from the United States (U.S.) 

Army to divide the existing R–5107A 

into two restricted areas, R–5107A and 

R–5107K. This action will fulfill 

Department of Defense training 

requirements while freeing unused 

airspace for use by nonparticipating 

civil aircraft. Additionally, this action 

will allow the U.S. Army to activate 

only that portion of the airspace 

necessary to contain their operations. 

DATES: Effective Date: 0901 UTC, 

September 25, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Neubecker, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 


sroberts on PROD1PC70 with RULES