[Federal Register: February 24, 2005 (Volume 70, Number 36)]
[Proposed Rules]
[Page 9000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe05-15]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 9000]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 991
[Docket No. AO-F&V-991-A3; FV03-991-01]
Hops Produced in Washington, Oregon, Idaho and California;
Proposed Marketing Agreement and Order No. 991; Opportunity To File
Additional Argument
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule; opportunity to file additional argument on
representative period for proposed marketing agreement and order.
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SUMMARY: This notice provides the opportunity to file additional
argument relating to the establishment of an appropriate representative
base period for the allocation of initial base under a proposed
marketing agreement and order concerning hops grown in Washington,
Oregon, Idaho and California. The proposal to establish a hop marketing
order was submitted by the Hop Marketing Order Proponent Committee
(committee), a group of industry members who support a marketing order
for hops. A public hearing on the proposal was held in October 2003,
where USDA heard testimony and received evidence from industry
participants. This invitation for additional argument is intended to
assist USDA in its further consideration of the proposal before
rendering a recommended decision.
DATES: Written arguments must be filed by March 28, 2005.
ADDRESSES: Four copies of all written arguments should be filed with
the Hearing Clerk, U.S. Department of Agriculture, room 1081-S,
Washington, DC 20250-9200, Facsimile number (202) 720-9776, or you may
send your comments by the electronic process available at the Federal
eRulemaking portal at http://www.regulations.gov. All comments should
reference the docket number and the date and page number of this issue
of the Federal Register. Comments will be made available for public
inspection in the Office of the Hearing Clerk during regular business
hours, or can be viewed at: http://www.ams.usda.gov/fv/moab.html.
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).
This administrative action is instituted pursuant to the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.'' 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.
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.
The proposed marketing order would authorize volume control
measures in the form of producer allotments to regulate the marketing
of alpha acid in hops in the production area. Alpha acid is the
bittering agent used in brewing beer that is the primary marketable
component of hops. Under producer allotment programs, the means for
allocating the annual salable quantity is to establish an allotment
base for each producer. This base is established in terms of prior
production during a representative period.
At the hearing, the Proponents recommended a representative base
period of the marketing years 1997, 1998, 1999, 2000, 2001, and 2002.
Individual allotment base would be based on each hop producer's single
highest alpha acid production year during the 6-year period. Each
producer's annual alpha acid production during the representative
period would be calculated based on the producer's hop production
volume for each variety and the alpha acid percentage for each variety
grown.
The hearing record also contained testimony supporting a
representative base period using more recent years. Base allotments
would be calculated using the six marketing years immediately preceding
any eventual implementation of a marketing order as the representative
base period.
This opportunity allows interested persons to provide additional
argument on two alternative representative base periods: (1) 1997
through 2002; and (2) the six most recent crop years preceding the
implementation of any order. A thirty-day period is provided to allow
interested persons to respond. USDA then will consider these arguments
before issuing a recommended decision on the proposal.
(Authority: 7 U.S.C. 601-674)
Dated: February 16, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-3481 Filed 2-23-05; 8:45 am]
BILLING CODE 3410-02-U