Justia Regulation Tracker

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[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Notices]               
[Page 31809-31810]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn08-15]                         

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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

 
Public Hearing on New Entrant's 2008 Crop Cane Sugar Marketing 
Allotment

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Notice of public hearing.

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SUMMARY: The Commodity Credit Corporation (CCC) will hold a public 
hearing to receive comments on providing an allocation to a new entrant 
sugarcane processor in Louisiana and possible impacts on existing cane 
processors and producers. CCC also requests comments on the evidence 
CCC should require from a new entrant to demonstrate eligibility for a 
marketing allocation.

DATES: The public hearing will be held Thursday, June 26, 2008, in the 
Howard

[[Page 31810]]

Johnson Maria Louisa Rienza Room, 203 East Bayou Road, Thibodaux, 
Louisiana 70301. The hearing will start at 9 a.m. central standard time 
(CST).

ADDRESSES: Barbara Fecso, Dairy and Sweeteners Analysis Group, Economic 
Policy and Analysis Staff, Farm Service Agency, USDA, 1400 Independence 
Avenue, SW., STOP 0516, Washington, DC 20250-0516; telephone: (202) 
720-4146; fax: (202) 690-1480; e-mail: barbara.fecso@wdc.usda.gov.

FOR FURTHER INFORMATION CONTACT: Barbara Fecso at (202) 720-4146.

SUPPLEMENTARY INFORMATION: USDA will hold a public hearing as requested 
by Louisiana sugarcane processors regarding the application of the 
Andino Energy Enterprises, L.L.C., (Andino Energy) for a cane sugar 
marketing allocation for the 2008 crop year. Andino Energy is 
requesting a 2008-crop year allocation of 50,000 short tons, raw value 
(STRV), and subsequent increases to the allocation of 60,000 STRV for 
the 2009 crop, 80,000 STRV for the 2010 crop, 100,000 STRV for the 2011 
crop, and 120,000 STRV for the 2012 crop.
    Section 359d(b)(1)(E) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1359dd(b)(1)(E)), as amended, authorizes CCC to provide a 
sugarcane processor, who begins processing on or after May 13, 2002, an 
allocation that provides a fair, efficient, and equitable distribution 
of the allocations from the allotment for the State in which the 
processor is located. To make an allocation to a processor in 
Louisiana, a proportionate share State, the Secretary establishes 
proportionate shares in a quantity sufficient to produce the sugarcane 
required to satisfy the allocations. CCC must consider the adverse 
effects on existing cane processors and producers in mainland States 
when determining whether a new entrant processor allocation is 
warranted. Also, prior to the cane sugar allotment establishment, 
Andino Energy must provide satisfactory evidence that it has a viable 
processing facility, an adequate sugarcane supply, and a market for the 
cane sugar product. If approved, the new sugarcane allocation will be 
subtracted, on a pro rata basis, from the allocations otherwise 
provided to each Louisiana cane processor when the 2008 crop 
allocations are determined by USDA.
    CCC will use this hearing to collect comments on (1) any adverse 
effects that the provisions of an allocation to Andino Energy may have 
on existing cane processors and producers and (2) the evidence CCC 
should require from a new entrant to demonstrate the ability to 
process, produce, and market raw cane sugar. Attendance is open to all 
interested parties.
    The hearing and any results from it will be subject to new 
regulations that will be published to implement the sugar provisions of 
the Food, Conservation, and Energy Act of 2008 (popularly known as the 
``2008 Farm Bill''), Pub. L. 110-234, enacted on May 22, 2008. There 
are no current regulations that specify a particular amount of advance 
notice for the hearing. The new law, as to allotments, is much the same 
as the old law. The hearing date and place have been set to allow a 
sufficient time for consideration in the normal allotment cycle and for 
convenience for interested parties in light of already scheduled 
industry meetings.
    The hearing will be held on June 26, from 9 a.m. to 2 p.m. CST, in 
the Howard Johnson Maria Louisa Rienza Room, 203 East Bayou Road, 
Thibodaux, Louisiana 70301. Anyone wishing to make an oral statement 
may do so, time permitting. Comments will be limited to 5 minutes. A 
signup sheet for oral statements will be available at the entrance of 
the meeting room one hour before the hearing begins. Oral statements 
will be made in the order the request was received. Anyone wishing to 
make a written statement in lieu of an oral statement should send their 
statement to Barbara Fecso, Dairy and Sweeteners Analysis Group, 
Economic Policy and Analysis Staff, Farm Service Agency, USDA, 1400 
Independence Avenue, SW., STOP 0516, Washington, DC 20250-0516; 
telephone: (202) 720-4146; fax: (202) 690-1480; e-mail: 
barbara.fecso@wdc.usda.gov. Statements must be received by close of 
business on June 26, 2008.
    Persons with disabilities who require special accommodations to 
attend or participate in the meetings should contact Barbara Fecso.

    Signed in Washington, DC on May 30, 2008.
Glen L. Keppy,
Acting Executive Vice President, Commodity Credit Corporation.
 [FR Doc. E8-12453 Filed 6-3-08; 8:45 am]

BILLING CODE 3410-05-P

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