[Federal Register: June 22, 2005 (Volume 70, Number 119)]
[Proposed Rules]
[Page 36062-36063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn05-32]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 991
[Docket No. AO-F&V-991-4; FV03-991-01]
Hops Produced in WA, OR, ID and CA; Proposed Marketing Agreement
and Order No. 991; Termination of Proceeding on Proposed Marketing
Agreement and Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Termination of proceeding.
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SUMMARY: This action terminates the proceeding to establish a marketing
agreement and order for hops grown in Washington, Oregon, Idaho and
[[Page 36063]]
California. The U.S. Department of Agriculture (USDA) held a public
hearing in October 2003 to receive evidence on a program proposed by
the Hop Marketing Order Proponent Committee (Proponent Committee), a
group of industry members in support of an order. The proposed program
would have authorized volume control measures in the form of producer
allotments to regulate the marketing of alpha acid in hops in the
production area. In addition, the proposed order would have allowed for
reserve pooling of excess production of alpha acid and would have
provided for production research, marketing research and development
projects to promote the marketing, distribution and consumption or
efficient production of hops. After the hearing sessions, USDA received
numerous comments, briefs and additional arguments expressing widely
divergent views on the promulgation of a marketing order for hops.
After careful consideration of the entire rulemaking record, USDA is
unable to conclude that the proposal currently under consideration
would tend to effectuate the declared policy of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.'' Accordingly, USDA is hereby
terminating the proceeding.
DATE: This termination is made on June 23, 2005.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, Northwest Marketing Field Office, 1220 SW., Third Avenue,
Suite 385, Portland, Oregon 97204; Telephone (503) 326-2724 or Fax
(503) 326-7440; or Kathleen M. Finn, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938.
Small businesses may request information on this proceeding by
contacting Jay Guerber, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., Stop
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202)
720-8938.
SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice
of hearing issued on July 23, 2003, and published in the July 28, 2003,
issue of the Federal Register (68 FR 44244); notice of postponement of
public hearing on proposed marketing agreement and order issued on
August 8, 2003, and published in the August 14, 2003, issue of the
Federal Register (68 FR 48575); notice of rescheduling of public
hearing on proposed marketing agreement and order issued on September
3, 2003, and published in the September 8, 2003, issue of the Federal
Register (68 FR 52860); and opportunity to file additional argument on
representative period for proposed marketing agreement and order issued
on February 16, 2005, and published in the February 24, 2005, issue of
the Federal Register (70 FR 9000).
This action is governed by the provisions of sections 556 and 557
of Title 5 of the United States Code and, therefore, is excluded from
the requirements of Executive Order 12866.
This administrative action is issued pursuant to the Act and the
applicable rules of practice and procedure governing the formulation of
marketing agreements and orders (7 CFR part 900).
Preliminary Statement
In October 2002, the Proponent Committee requested that USDA hold a
public hearing to consider a proposed marketing agreement and order for
hops grown in Washington, Oregon, Idaho and California. The proposed
program would have authorized volume control measures in the form of
producer allotments to regulate the marketing of alpha acids in hops in
the production area. The proposed order would also have allowed for
reserve pooling of excess production of alpha acid and would have
provided for production research, and marketing research and
development projects to promote the marketing, distribution and
consumption or efficient production of hops.
A notice of hearing was published in the Federal Register on July
28, 2003. A notice of postponement of public hearing on proposed
marketing agreement and order was published in the Federal Register on
August 14, 2003. A notice of rescheduling of public hearing on proposed
marketing agreement and order was published in the Federal Register on
September 8, 2003.
A public hearing on the proposed marketing agreement and order for
hops produced in Washington, Oregon, Idaho, and California was held
October 15 through 17, 2003, in Portland, Oregon, and October 20
through 24, 2003, in Yakima, Washington. At the conclusion of the
hearing, the Administrative Law Judge fixed January 30, 2004, as the
final date for interested persons to file proposed findings and
conclusions or written arguments and briefs based on the evidence
received at the hearing. The Administrative Law Judge issued an order
extending this deadline through February 18, 2004. A total of five
briefs were received--one in support of the proposal and four in
opposition.
A notice of opportunity to file additional argument on the
representative period for a proposed marketing agreement and order was
published in the Federal Register on February 24, 2005. Interested
persons were to provide additional argument on two alternative
representative base periods. Fourteen arguments were filed expressing
widely divergent views.
Termination of Proceeding
USDA has carefully considered the entire rulemaking record,
including the testimony and evidence presented at the hearing, the
briefs filed following the hearing, and additional post hearing
arguments. The record fails to demonstrate that there is a need for a
hop marketing order, that such marketing order would have a positive
economic impact on the industry, and that the benefits and costs
associated with such marketing order could be allocated equitably.
After careful consideration of the entire rulemaking record, USDA
is unable to conclude that the proposal currently under consideration
would tend to effectuate the declared policy of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.'' Accordingly, USDA is hereby
terminating the proceeding.
List of Subjects in 7 CFR Part 991
Hops, Marketing agreements, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: June 16, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-12258 Filed 6-20-05; 8:45 am]
BILLING CODE 3410-02-P