[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Pages 17556-17561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9824]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 982
[Docket No. AO-205-A7; FV94-982-1FR]
Hazelnuts Grown in Oregon and Washington; Order Further Amending
Marketing Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule further amends the marketing agreement and
order for hazelnuts grown in Oregon and Washington (order). The
amendments change order provisions regarding: Volume control;
nomination and membership of the Hazelnut Marketing Board (Board);
fiscal operations; and the administration and operation of the program.
These changes were favored by hazelnut producers in a mail referendum
held from November 27 through December 15, 1995. The amendments will
improve the administration, operation, and functioning of the marketing
order program by bringing the program more in line with current
industry operating practices.
EFFECTIVE DATE: April 22, 1996.
FOR FURTHER INFORMATION CONTACT: Teresa L. Hutchinson, Marketing
Specialist, Northwest Marketing Field Office, Fruit and Vegetable
Division, Agricultural Marketing Service, USDA, 1220 SW Third Avenue,
room 369, Portland, OR 97204; telephone 503-326-2724, FAX 503-326-7440;
or Tom Tichenor, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, room 2523-S, PO Box 96456, Washington,
DC 20090-6456; telephone 202-720-6862; FAX 202-720-5698.
SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice
of Hearing issued on February 24, 1994, and published in the Federal
Register on February 28, 1994 (59 FR 9425). Recommended Decision and
Opportunity to File Written Exceptions issued on May 24, 1995, and
published in the Federal Register on June 7, 1995 (60 FR 30170).
Secretary's Decision and Referendum Order issued October 23, 1995, and
published in the Federal Register on October 31, 1995 (60 FR 55333).
Preliminary Statement
This administrative action is governed by the provisions of
sections 556 and 557 of title 5 of the United States Code, and is
therefore excluded from the requirements of Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice
[[Page 17557]]
Reform. This action is not intended to have retroactive effect. This
rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
action.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing, the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
The final rule was formulated on the record of a public hearing
held in Newberg, Oregon, on March 8, 1994, to consider the proposed
amendment of the Marketing Agreement and Order No. 982, regulating the
handling of hazelnuts grown in Oregon and Washington, hereinafter
referred to collectively as the ``order.'' Notice of the hearing was
published in the February 28, 1994, issue of the Federal Register (59
FR 9425).
The hearing was held pursuant to the provisions of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.),
hereinafter referred to as the ``Act,'' and the applicable rules of
practice and procedure governing proceedings to formulate marketing
agreements and marketing orders (7 CFR part 900). The Notice of Hearing
contained several amendment proposals submitted by the Hazelnut
Marketing Board (Board), established under the order to assist in local
administration of the program.
The proposals pertained to: (1) Changing the name of the commodity
covered under the order from ``filberts'' to ``hazelnuts''; (2) for the
purposes of inshell volume regulation, allowing the Board, with USDA
approval, to make changes in the domestic market distribution area and
providing the Board with the flexibility to recommend appropriate
hazelnut releases for use until new crop hazelnuts are available for
marketing; (3) increasing Board members' terms of office to two years
and limiting the number of consecutive terms a member may serve from
six terms to three; (4) changing voting procedures for nominating
members to the Board, including changes to criteria used for nominating
handler members and for weighing handlers' votes when electing
nominees; (5) removing the ``verbatim'' reporting requirement on Board
marketing policy meetings, and allowing Board telephone votes to remain
unconfirmed until the next public Board meeting; (6) allowing the
Board, with USDA approval, to establish different identification
standards for inspected and certified hazelnuts; (7) changing
procedures for establishing bonding requirements for deferred
restricted obligations and allowing the Board to use defaulted bond
payments to purchase excess restricted credits from handlers; (8)
clarifying that mail order sales outside the production area are not
exempt from order requirements; and (9) allowing the Board to accept
advance assessment payments, provide discounts for such payments,
borrow money, and accept voluntary contributions.
Upon the basis of evidence introduced at the hearing and the record
thereof, the Acting Assistant Secretary, Marketing and Regulatory
Programs, on October 23, 1995, filed with the Hearing Clerk, U.S.
Department of Agriculture, a Secretary's Decision and Referendum Order,
directing that a referendum be conducted during the period November 27
through December 15, 1995, among producers of Oregon and Washington
hazelnuts to determine whether they favored the proposed amendments to
the order. In the referendum, all amendment proposals were favored by
more than two-thirds of the producers voting in the referendum.
Accordingly, all proposed amendments are included in this order further
amending the order.
The amended marketing agreement was subsequently mailed to all
hazelnut handlers in the production area for their approval. The
marketing agreement was signed by hazelnut handlers representing more
than 50 percent of the volume of hazelnuts handled by all handlers
during the representative period of July 1, 1994, to June 30, 1995.
Small Business Considerations
In accordance with the provisions of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.), the Administrator of the Agriculture
Marketing Service has determined that this action will not have a
significant economic impact on a substantial number of small entities.
Small agricultural service firms, which include handlers regulated
under this order, have been defined by the Small Business
Administration (SBA) (13 CFR 121.601) as those having annual receipts
of less than $5,000,000. Small agricultural producers are defined as
those having annual receipts of less than $500,000.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders and
rules issued thereunder are unique in that they are brought about
through group action of essentially small entities acting on their own
behalf. Thus, both the RFA and the Act have small entity orientation
and compatibility. Interested persons were invited to present evidence
at the hearing on the probable impact that the proposed amendments to
the order would have on small businesses.
There are approximately 25 handlers regulated under Marketing Order
No. 982. In addition, there are approximately 1,000 producers of
hazelnuts in the production area. The Act requires the application of
uniform rules on regulated handlers. Since handlers covered under the
hazelnut marketing order are predominantly small businesses, the order
itself is tailored to the size and nature of these small businesses.
Marketing orders and amendments thereto are unique in that they are
normally brought about through group action of essentially small
entities for their own benefit. Thus, both the RFA and the Act are
compatible with respect to small entities.
For discussion of the anticipated impact on small businesses, the
amendments have been grouped into program categories. Amendments
concerning the order's marketing and volume control programs will:
Change the name of the commodity to ``hazelnuts'' (Sec. 982.4 and every
other place it appears in part 982); establish the trade demand area as
the continental United States and allow the Board to make changes in
the inshell trade acquisition area, with approval of the Secretary
(Sec. 982.16); provide the Board the flexibility to release up to 15
percent of the average three year inshell trade acquisitions for
desirable carryout (Sec. 982.40); correct the current language that
determines handler credit for ungraded hazelnuts (Sec. 982.51);
establish the bonding rate for deferred restricted obligations at the
estimated value of restricted credits for the current marketing year
and allow the Board to use defaulted bond payments to purchase excess
restricted credits (Sec. 982.54); and clarify that mail order sales
outside the production area are not exempt from order requirements
(Sec. 982.57). These amendments are
[[Page 17558]]
designed to assist the Board in its domestic and export marketing
efforts. The amendments allow the Board to make program and management
decisions that are more consistent with changing market conditions and
to better respond to changing marketing needs. Because the Board acts
in the best interests of the industry, increased Board decision-making
flexibility should benefit the industry and, thus, small businesses in
the industry.
Regarding nomination and Board membership, the amendments will:
Change from one to two years the length of Board member and alternate
member terms of office (Sec. 982.33); limit the number of consecutive
terms members and alternate members may hold to three 2-year terms
(Sec. 982.33); and make conforming changes and a correction in the
qualifications for nominating members (Secs. 982.30 and 982.32). The
amendments are designed to ease the burden of conducting nomination
meetings every year and enhance the Board's efficiency. The amendments
are administrative in nature and will not impose additional costs on
small businesses.
Other amendments to the order's administrative procedures and
operations will: Allow Board telephone votes to remain unconfirmed in
writing until the next public Board meeting (Sec. 982.37); remove the
``verbatim'' reporting requirement on Board marketing policy meetings
(Sec. 982.39); allow the Board to accept advance assessment payments
and provide discounts for such payments (Sec. 982.61); and allow the
Board to accept voluntary contributions (new Sec. 982.63). These
amendments are intended to improve the operations of the Board, lessen
the administrative burden on Board members and staff, and improve
management of the order's financial resources. As such, the changes
will have negligible, if any, economic impact on small entities.
Finally, one amendment provides the Board with the authority to
establish more up-to-date identification standards (Sec. 982.46), which
will make order identification and certification provisions consistent
with current industry practices and provide handlers more flexibility
in meeting identification requirements.
All of these changes are designed to enhance the administration and
functioning of the order to the benefit of the industry. Accordingly,
it is determined that the revisions of the order will not have a
significant economic impact on handlers or producers.
In compliance with Office of Management and Budget (OMB)
regulations (5 CFR part 1320) which implement the Paperwork Reduction
Act of 1980 (44 U.S.C. Chapter 35), any reporting and recordkeeping
requirements that may result from these amendments will be submitted to
OMB for approval.
List of Subjects in 7 CFR Part 982
Filberts, Hazelnuts, Marketing Agreements, Nuts, Reporting and
recordkeeping requirements.
Order Further Amending the Order Regulating the Handling of Hazelnuts
Grown in Oregon and Washington
Findings and Determinations
The findings and determinations hereinafter set forth are
supplementary and in addition to the findings and determinations
previously made in connection with the issuance of the order; and all
of said previous findings and determinations are hereby ratified and
affirmed, except insofar as such findings and determinations may be in
conflict with the findings and determinations set forth herein.
(a) Findings and Determinations Upon the Basis of the Hearing
Record. Pursuant to the provisions of the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the
applicable rules of practice and procedure effective thereunder (7 CFR
part 900), a public hearing was held upon the amendments to Marketing
Agreement and Order No. 982 (7 CFR part 982), regulating the handling
of hazelnuts grown in Oregon and Washington.
Upon the basis of the evidence introduced at such hearing and the
record thereof, it is found that:
(1) The marketing agreement and order, as amended, and hereby
further amended, and all of the terms and conditions thereof, will tend
to effectuate the declared policy of the Act;
(2) The marketing agreement and order, as amended, as hereby
further amended, regulates the handling of hazelnuts grown in the
production area in the same manner as, and is applicable only to
persons in the respective classes of commercial and industrial activity
specified in the marketing agreement and order upon which a hearing has
been held;
(3) The marketing agreement and order, as amended, as hereby
further amended, is limited in application to the smallest regional
production area which is practicable, consistent with carrying out the
declared policy of the Act, and the issuance of several orders
applicable to subdivisions of the production area would not effectively
carry out the declared policy of the Act; and
(4) All handling of hazelnuts grown in the production area is in
the current of interstate or foreign commerce or directly burdens,
obstructs or affects such commerce.
(b) Additional findings. It is necessary and in the public interest
to make these order amendments effective upon publication.
A later effective date would unnecessarily delay the implementation
of the order amendments and the improvement in operation of the
marketing order program. The Board, producers, and handlers need as
much time as possible to make plans to implement the amended order and
discuss any needed changes to the regulations and Board operating
procedures. Also, the order amendments include a change in the term of
office for Board members and alternates and a change in the voting
procedures for nominations. The industry will soon begin conducting
nominations for a term of office beginning July 1, 1996, and these new
procedures need to be in effect before nominations begin.
In view of the foregoing, it is hereby found and determined that
good cause exists for making these order amendments effective upon
publication, and that it would be contrary to the public interest to
delay the effective date of these order amendments for 30 days after
publication in the Federal Register (Sec. 553(d), Administrative
Procedure Act; 5 U.S.C. 551-559).
(c) Determinations. It is hereby determined that:
(1) Handlers (excluding cooperative associations of producers who
are not engaged in processing, distributing, or shipping hazelnuts
covered by the said order, as amended, as hereby further amended) who,
during the period July 1, 1994, through June 30, 1995, handled 50
percent or more of the volume of such hazelnuts covered by the said
order, as amended, as hereby further amended, have signed an amended
marketing agreement; and
(2) The issuance of this amendatory order, further amending the
aforesaid order, is favored or approved by at least two-thirds of the
producers who participated in a referendum on the question of its
approval and who, during the period July 1, 1994, through June 30, 1995
(which has been deemed to be a representative period), have been
engaged within the Oregon and Washington production area in the
production of such hazelnuts for fresh market.
[[Page 17559]]
Order Relative to Handling
It is therefore ordered, that on and after the effective date
hereof, all handling of hazelnuts grown in Oregon and Washington, shall
be in conformity to, and in compliance with, the terms and conditions
of the said order as hereby further amended as follows:
The provisions of the proposed marketing order amendments further
amending the order contained in the Secretary's Decision issued on
October 23, 1995, and published in the Federal Register on October 31,
1995 (60 FR 55333), shall be and are the terms and provisions of this
order further amending the order, and are set forth in full herein.
PART 982--HAZELNUTS GROWN IN OREGON AND WASHINGTON
1. The authority citation for 7 CFR part 982 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. In part 982 the heading is revised and all references to
``filbert'', ``filberts'', ``filbert/hazelnut'', ``filberts/hazelnuts''
are revised to read as ``hazelnut'', ``hazelnuts'', ``hazelnut'', and
hazelnuts'', respectively.
3. Section 982.4 is revised to read as follows:
Sec. 982.4 Hazelnuts.
Hazelnuts means hazelnuts or filberts produced in the States of
Oregon and Washington from trees of the genus Corylus.
4. Section 982.16 is revised to read as follows:
Sec. 982.16 Inshell trade acquisitions.
Inshell trade acquisitions means the quantity of inshell hazelnuts
acquired by the trade from all handlers during a marketing year for
distribution in the continental United States and such other
distribution areas as may be recommended by the Board and established
by the Secretary.
5. Section 982.30 is amended by revising paragraphs (a),
introductory text, (b)(1), (b)(2), and (b)(3) to read as follows:
Sec. 982.30 Establishment and membership.
(a) There is hereby established a Hazelnut Marketing Board
consisting of 10 members, each of whom shall have an alternate member,
to administer the terms and provisions of this part. Each member and
alternate shall meet the same eligibility qualifications. The 10 member
positions shall be allocated as follows:
(b) * * *
(1) One member shall be nominated by the handler who handled the
largest volume of hazelnuts during the two marketing years preceding
the marketing year in which nominations are made;
(2) One member shall be nominated by the handler who handled the
second largest volume of hazelnuts during the two marketing years
preceding the marketing year in which nominations are made;
(3) One member shall be nominated by the handler who handled the
third largest volume of hazelnuts during the two marketing years
preceding the marketing year in which nominations are made;
* * * * *
6. In Sec. 982.32, paragraphs (a), (b), (c) and (f) are revised to
read as follows:
Sec. 982.32 Initial members and nomination of successor members.
(a) Members and alternate members of the Board serving immediately
prior to the effective date of this amended subpart shall continue to
serve on the Board until their respective successors have been
selected.
(b) Nominations for successor handler members and alternate members
specified in Sec. 982.30(b) (1) through (3) shall be made by the
largest, second largest, and third largest handler determined according
to the tonnage of certified merchantable hazelnuts and, when shelled
hazelnut grade and size regulations are in effect, the inshell
equivalent of certified shelled hazelnuts (computed to the nearest
whole ton) recorded by the Board as handled by each such handler during
the two marketing years preceding the marketing year in which
nominations are made.
(c) Nominations for successor handler member and alternate handler
member positions specified in Sec. 982.30(b)(4) shall be made by the
handlers in that category by mail ballot. All votes cast shall be
weighted according to the tonnage of certified merchantable hazelnuts
and, when shelled hazelnut grade and size regulations are in effect,
the inshell equivalent of certified shelled hazelnuts (computed to the
nearest whole ton) recorded by the Board as handled by each handler
during the two marketing years preceding the marketing year in which
nominations are made. If less than one ton is recorded for any such
handler, the vote shall be weighted as one ton. Voting will be by
position, and each eligible handler can vote for a member and an
alternate member. The person receiving the highest number of weighted
votes for each position shall be the nominee for that respective
position.
* * * * *
(f) Nominations received in the foregoing manner by the Board for
all handler and grower member and alternate member positions shall be
certified and sent to the Secretary at least 60 days prior to the
beginning of each two-year term of office, together with all necessary
data and other information deemed by the Board to be pertinent or
requested by the Secretary. If nominations are not made within the time
and manner specified in this subpart, the Secretary may, without regard
to nominations, select the Board members and alternates on the basis of
the representation provided for in this subpart.
* * * * *
7. In Sec. 982.33, paragraph (b) is revised to read as follows:
Sec. 982.33 Selection and term of office.
* * * * *
(b) Term of office. The term of office of Board members and their
alternates shall be for two years beginning on July 1 and ending on
June 30, but they shall serve until their respective successors are
selected and have qualified: Provided, That beginning with the 1996-97
marketing year, no member shall serve more than three consecutive two-
year terms as member and no alternate member shall serve more than
three consecutive two-year terms as alternate unless specifically
exempted by the Secretary. Nomination elections for all Board grower
and handler member and alternate positions shall be held every two
years.
* * * * *
8. In Sec. 982.37, paragraph (b) is revised to read as follows:
Sec. 982.37 Procedure.
* * * * *
(b) The Board may vote by mail, telephone, telegraph, or other
means of communication: Provided, That any votes (except mail votes) so
cast shall be confirmed at the next regularly scheduled meeting. When
any proposition is submitted for voting by any such method, its
adoption shall require 10 concurring votes.
* * * * *
9. In Sec. 982.39, paragraph (i) is revised to read as follows:
Sec. 982.39 Duties.
* * * * *
(i) To furnish to the Secretary a report of the proceedings of each
meeting of the Board held for the purpose of making marketing policy
recommendations.
[[Page 17560]]
Sec. 982.40 [Amended]
10. In Sec. 982.40, paragraph (c)(2) introductory text is amended
by removing the word ``shall'' in the third sentence and adding in its
place the word ``may''.
11. Section 982.46 is amended by revising paragraph (b) to read as
follows:
Sec. 982.46 Inspection and certification.
* * * * *
(b) All hazelnuts so inspected and certified shall be identified as
prescribed by the Board. Such identification shall be affixed to the
hazelnut containers by the handler under direction and supervision of
the Board or the Federal-State Inspection Service, and shall not be
removed or altered by any person except as directed by the Board.
* * * * *
Sec. 982.51 [Amended]
12. In Sec. 982.51, paragraph (a) is amended by removing the word
``percent'' at the end of the first sentence.
13. Section 982.52 is amended by revising paragraph (b) to read as
follows:
Sec. 982.52 Disposition of restricted hazelnuts.
* * * * *
(b) Export. Sales of certified merchantable restricted hazelnuts
for shipment to destinations outside the continental United States and
such other distribution areas as may be recommended by the Board and
established by the Secretary shall be made only by the Board. Any
handler desiring to export any part or all of that handler's certified
merchantable restricted hazelnuts shall deliver to the Board the
certified merchantable restricted hazelnuts to be exported, but the
Board shall be obligated to sell in export only such quantities for
which it may be able to find satisfactory export outlets. Any hazelnuts
so delivered for export which the Board is unable to export shall be
returned to the handler delivering them. Sales for export shall be made
by the Board only on execution of an agreement to prevent exportation
into the area designated in Sec. 982.16. A handler may be permitted to
act as an agent of the Board, upon such terms and conditions as the
Board may specify, in negotiating export sales, and when so acting
shall be entitled to receive a selling commission as authorized by the
Board. The proceeds of all export sales, after deducting all expenses
actually and necessarily incurred, shall be paid to the handler whose
certified merchantable restricted hazelnuts are so sold by the Board.
* * * * *
14. Section 982.54 is amended by revising paragraphs (b), (c), (d),
(e) and (f) to read as follows:
Sec. 982.54 Deferment of restricted obligation.
* * * * *
(b) Bonding requirement. Such bond or bonds shall, at all times
during their effective period, be in such amounts that the aggregate
thereof shall be no less than the total bonding value of the handler's
deferred restricted obligation. The bonding value shall be the deferred
restricted obligation poundage multiplied by the applicable bonding
rate. The cost of such bond or bonds shall be borne by the handler
filing same.
(c) Bonding rate. Said bonding rate shall be an amount per pound as
established by the Board. Such bonding rate shall be based on the
estimated value of restricted credits for the current marketing year.
Until bonding rates for a marketing year are fixed, the rates in effect
for the preceding marketing year shall continue in effect. The Board
should make any necessary adjustments once such new rates are fixed.
(d) Restricted credit purchases. Any sums collected through default
of a handler on the handler's bond shall be used by the Board to
purchase restricted credits from handlers, who have such restricted
credits in excess of their needs, and are willing to part with them.
The Board shall at all times purchase the lowest priced restricted
credits offered, and the purchases shall be made from the various
handlers as nearly as practicable in proportion to the quantity of
their respective offerings of the restricted credits to be purchased.
(e) Unexpended sums. Any unexpended sums which have been collected
by the Board through default of a handler on the handler's bond,
remaining in the possession of the Board at the end of a marketing
year, shall be used to reimburse the Board for its expenses, including
administrative and other costs incurred in the collection of such sums,
and in the purchase of restricted credits as provided in paragraph (d)
of this section.
(f) Transfer of restricted credit purchases. Restricted credits
purchased as provided for in this section shall be turned over to those
handlers who have defaulted on their bonds for liquidation of their
restricted obligation. The quantity delivered to each handler shall be
that quantity represented by sums collected through default.
* * * * *
15. In Sec. 982.57, paragraph (b) is revised to read as follows:
Sec. 982.57 Exemptions.
* * * * *
(b) Sales by growers direct to consumers. Any hazelnut grower may
sell hazelnuts of such grower's own production free of the regulatory
and assessment provisions of this part if such grower sells such
hazelnuts in the area of production directly to end users at such
grower's ranch or orchard or at roadside stands and farmers' markets.
The Board, with the approval of the Secretary, may establish such
rules, regulations, and safeguards and require such reports,
certifications, and other conditions, as are necessary to ensure that
such hazelnuts are disposed of only as authorized. Mail order sales are
not exempt sales under this part.
16. Section 982.58 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 982.58 Research, promotion, and market development.
(a) * * * The expenses of such projects shall be paid from funds
collected pursuant to Sec. 982.61, Sec. 982.63, or credited pursuant to
paragraph (b) of this section.
* * * * *
17. Section 982.61 is amended by designating the current text as
paragraph (a) and by adding a new paragraph (b) to read as follows:
Sec. 982.61 Assessments.
(a) * * *
(b) In order to provide funds for the administration of the
provisions of this part during the first part of a fiscal period before
sufficient operating income is available from assessments on the
current year's shipments, the Board may accept the payment of
assessments in advance, and may also borrow money for such purpose.
Further, payment discounts may be authorized by the Board upon the
approval of the Secretary to handlers making such advance assessment
payments.
18. A new Sec. 982.63 is added to read as follows:
Sec. 982.63 Contributions.
The Board may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to Sec. 982.58. Furthermore,
such contributions shall be free from any encumbrances by the donor and
the Board shall retain complete control of their use.
[[Page 17561]]
Dated: April 16, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-9824 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P