REVISION OF FEDERAL MARKETING ORDER AMENDMENT PROCEDURES.

SEC. 1504. REVISION OF FEDERAL MARKETING ORDER AMENDMENT PROCEDURES. Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking subsection (17) and inserting the following:“(17) Provisions applicable to amendments.—“(A) Applicability to amendments.—The provisions of this section and section 8d applicable to orders shall be applicable to amendments to orders.“(B) Supplemental rules of practice.—“(i) In general.—Not later than 60 days after the date of enactment of this subparagraph, the Secretary shall issue, using informal rulemaking, supplemental rules of practice to define guidelines and timeframes for the rulemaking process relating to amendments to orders.“(ii) Issues.—At a minimum, the supplemental rules of practice shall establish—“(I) proposal submission requirements;“(II) pre-hearing information session specifications;“(III) written testimony and data request requirements;“(IV) public participation timeframes; and“(V) electronic document submission standards.“(iii) Effective date.—The supplemental rules of practice shall take effect not later than 120 days after the date of enactment of this subparagraph, as determined by the Secretary.“(C) Hearing timeframes.—“(i) In general.—Not more than 30 days after the receipt of a proposal for an amendment hearing regarding a milk marketing order, the Secretary shall—“(I) issue a notice providing an action plan and expected timeframes for completion of the hearing not more than 120 days after the date of the issuance of the notice;“(II)(aa) issue a request for additional information to be used by the Secretary in making a determination regarding the proposal; and122 STAT. 994“(bb) if the additional information is not provided to the Secretary within the timeframe requested by the Secretary, issue a denial of the request; or“(III) issue a denial of the request.“(ii) Requirement.—A post-hearing brief may be filed under this paragraph not later than 60 days after the date of an amendment hearing regarding a milk marketing order.“(iii) Recommended decisions.—A recommended decision on a proposed amendment to an order shall be issued not later than 90 days after the deadline for the submission of post-hearing briefs.“(iv) Final decisions.—A final decision on a proposed amendment to an order shall be issued not later than 60 days after the deadline for submission of comments and exceptions to the recommended decision issued under clause (iii).“(D) Industry assessments.—If the Secretary determines it is necessary to improve or expedite rulemaking under this subsection, the Secretary may impose an assessment on the affected industry to supplement appropriated funds for the procurement of service providers, such as court reporters.“(E) Use of informal rulemaking.—The Secretary may use rulemaking under section 553 of title 5, United States Code, to amend orders, other than provisions of orders that directly affect milk prices.“(F) Avoiding duplication.—The Secretary shall not be required to hold a hearing on any amendment proposed to be made to a milk marketing order in response to an application for a hearing on the proposed amendment if—“(i) the application requesting the hearing is received by the Secretary not later than 90 days after the date on which the Secretary has announced the decision on a previously proposed amendment to that order; and“(ii) the 2 proposed amendments are essentially the same, as determined by the Secretary.“(G) Monthly feed and fuel costs for make allowances.—As part of any hearing to adjust make allowances under marketing orders commencing prior to September 30, 2012, the Secretary shall—“(i) determine the average monthly prices of feed and fuel incurred by dairy producers in the relevant marketing area;“(ii) consider the most recent monthly feed and fuel price data available; and“(iii) consider those prices in determining whether or not to adjust make allowances.”.