Hops Produced in WA, OR, ID and CA; Proposed Marketing Agreement and Order No. 991; Termination of Proceeding on Proposed Marketing Agreement and Order, 36062-36063 [05-12258]
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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
additional reporting or recordkeeping
requirements on either small or large
kiwifruit handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sectors.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule. In fact,
this proposed action would relax the
current requirements under the U.S.
Standards for Grade of Kiwifruit (7 CFR
51.2335 through 51.2340) issued under
the Agricultural Marketing Act of 1946
(7 U.S.C. 1621 through 1627) with
regard to ‘‘fairly uniform in size’’.
In addition, the Committee’s meeting
was widely publicized throughout the
kiwifruit industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the March 2, 2005,
meeting, was a public meeting and all
entities, both large and small, were
encouraged to express their views on
these issues. Finally, interested persons
are invited to submit information on the
regulatory and informational impacts of
this action on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 20-day comment period is provided
to allow interested persons to respond
to this proposal. Twenty days is deemed
appropriate because this rule should be
in place by September 10, 2005, which
would be prior to the start of the 2005/
2006 crop year. All written comments
timely received would be considered
before a final determination is made on
this matter.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 920 is proposed to
be amended as follows:
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 920 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. In § 920.302, paragraph (a)(4) is
revised to read as follows:
§ 920.302 Grade, size, pack, and container
regulations.
(a) * * *
(4) Pack requirements. (i) Kiwifruit
packed in containers with cell
compartments, cardboard fillers, or
molded trays shall be of proper size for
the cells, fillers, or molds in which they
are packed. Such fruit shall be fairly
uniform in size.
(ii) (A) When kiwifruit is packed in
any container, it would be subject to the
size designation, maximum number of
fruit per 8-pound sample, and the size
variation tolerance specified as follows:
SIZE DESIGNATION AND SIZE VARIATION CHART
Column 2—
maximum
number of fruit
per 8-pound
sample
Column 1—size designation
18 or larger ................................................................................................................................................
20 ...............................................................................................................................................................
23 ...............................................................................................................................................................
25 ...............................................................................................................................................................
27/28 ..........................................................................................................................................................
30 ...............................................................................................................................................................
33 ...............................................................................................................................................................
36 ...............................................................................................................................................................
39 ...............................................................................................................................................................
42 ...............................................................................................................................................................
45 or smaller ..............................................................................................................................................
(B) The average weight of all sample
units in a lot must weigh at least 8
pounds, but no sample unit may be
more than 4 ounces less than 8 pounds.
(C) Not more than 10 percent, by
count of the containers in any lot and
not more than 5 percent, by count, of
kiwifruit in any container, (except that
for Sizes 42 and 45 kiwifruit, the
tolerance, by count, in any one
container, may not be more than 25
percent) may fail to meet the size
variation requirements of this
paragraph.
(iii) All volume fill containers of
kiwifruit designated by weight shall
hold 19.8-pounds (9-kilograms) net
weight of kiwifruit unless such
containers hold less than 15 pounds or
VerDate jul<14>2003
16:16 Jun 21, 2005
Jkt 205001
25
27
30
32
35
39
43
46
49
53
55
Column 3—fruit size
variation tolerance
(diameter)
⁄ -inch
⁄ -inch
⁄ -inch
1⁄2-inch
1⁄2-inch
1⁄2-inch
3⁄8-inch
3⁄8-inch
3⁄8-inch
3⁄8-inch
1⁄4-inch
12
12
12
(12.7 mm).
(12.7 mm).
(12.7 mm).
(12.7 mm).
(12.7 mm).
(12.7 mm).
(9.5 mm).
(9.5 mm).
(9.5 mm).
(9.5 mm).
(6.4 mm).
more than 35 pounds net weight of
kiwifruit.
*
*
*
*
*
DEPARTMENT OF AGRICULTURE
Dated: June 16, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–12254 Filed 6–21–05; 8:45 am]
7 CFR Part 991
BILLING CODE 3410–02–P
PO 00000
Agricultural Marketing Service
[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
Agricultural Marketing Service,
USDA.
ACTION: Termination of proceeding.
AGENCY:
SUMMARY: This action terminates the
proceeding to establish a marketing
agreement and order for hops grown in
Washington, Oregon, Idaho and
Frm 00008
Fmt 4702
Sfmt 4702
E:\FR\FM\22JNP1.SGM
22JNP1
Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules
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
VerDate jul<14>2003
16:16 Jun 21, 2005
Jkt 205001
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
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
36063
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
E:\FR\FM\22JNP1.SGM
22JNP1
]]>Agencies
[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36062-36063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12258]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
