12 2 STA T .9 9 4PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8‘ ‘ (b b )ifthead diti on a l info rm ation i s not p ro -v ided to the S e c retar yw ithin the timeframe re qu ested by the Secretary , issue a denial of the request
or ‘‘( I II) issue a denial of the request . ‘‘(ii) REQUIR E M E NT . —A post-hearin g brief may be filed under this paragraph not later than 60 days after the date of an amendment hearing regarding a mil k marketing order. ‘‘(iii) RE CO MMEN D ED DECI S IONS.—A recommended decision on a proposed amendment to an order shall be issued not later than 9 0 days after the deadline for the submission of post-hearing briefs. ‘‘(iv) F IN AL DECISIONS.—A final decision on a pro- posed amendment to an order shall be issued not later than 60 days after the deadline for submission of com- ments and e x ceptions to the recommended decision issued under clause (iii). ‘‘( D ) INDUSTR Y ASSESSMENTS.—If the Secretary deter- mines it is necessary to improve or expedite rulemaking under this subsection, the Secretary may impose an assess- ment on the affected industry to supplement appropriated funds for the procurement of service providers, such as court reporters. ‘‘( E ) U SEO F INFORMAL RULEMA K IN G .— T he Secretary may use rulemaking under section 5 5 3 of title 5, United States C ode, to amend orders, other than provisions of orders that directly affect milk prices. ‘‘(F) A V OIDING DU P LICATION.—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 ) M ONT H LY FEED AND FUEL COSTS FOR MAKE ALLO W - ANCES.—As part of any hearing to ad j ust make allowances under marketing orders commencing prior to September 30, 20 1 2, 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. ’ ’. SEC.150 5. DAIRY I N DE M NI T Y P R OG RAM. Section 3 of P ublic L aw 90 –48 4( 7 U.S.C. 450l) is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. SEC. 150 6 .MI LK INCOME LOSS CONTRACT PROGRAM. (a) DEFINITIONS.—In this section
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