[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Proposed Rules]
[Pages 53652-53653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22577]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Docket No. FV96-983-1PR; 
AO F&V-983-1]


Pistachios Grown in California, Arizona, Nevada, New Mexico, and 
Utah; 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 pistachios grown in California, Arizona, 
Nevada, New Mexico, and Utah. At the request of the pistachio industry, 
the Agricultural Marketing Service held a public hearing in August 1996 
to receive evidence on a program proposed by the California Pistachio 
Commission and the Western Pistachio Association. The program would 
have authorized quality and container requirements and mandatory 
inspection. Subsequent to the hearing, the proponent industry groups 
requested that the proceeding be terminated. Given the lack of support 
for the proposal currently under consideration, the Department is 
terminating the proceeding.

DATES: The action is terminated as of September 6, 2000.

FOR FURTHER INFORMATION CONTACT: Kurt Kimmel, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 2202 Monterey Street, suite 102B, 
Fresno, California 93721; telephone: (559) 487-5901, Fax: (559) 487-
5906; or Anne Dec, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, Washington, 
DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 720-5698.

[[Page 53653]]

    Small businesses may request information on this action by 
contacting Jay Guerber, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202)720-
5698, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: Prior document in this proceeding: Notice of 
hearing issued on July 26, 1996, and published in the Federal Register 
on July 31, 1996 (61 FR 39911).
    This action is governed by the provisions of sections 556 and 557 
of title 5 of the United States Code and therefore is not subject to 
the requirements of Executive Order 12866.
    This action is issued pursuant to the provisions of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and the applicable rules of practice and procedure governing the 
formulation of marketing agreements and orders (7 CFR part 900).

Preliminary Statement

    In January 1996, the California Pistachio Commission (CPC) and the 
Western Pistachio Association (WPA), representing the U.S. pistachio 
industry, requested that the Department hold a public hearing to 
consider a proposed marketing agreement and order for pistachios grown 
in California, Arizona, Nevada, New Mexico, and Utah. The proposed 
program would have authorized quality and container requirements and 
mandatory inspection.
    A notice of hearing was published in the Federal Register on July 
31, 1996. The hearing was held in Fresno, California, August 20 through 
23, 1996. At the conclusion of the hearing, the Administrative Law 
Judge fixed October 31, 1996, as the date for interested parties to 
file post-hearing briefs. Three briefs were received, all in opposition 
to the proposed order.
    Based on a review of hearing evidence and post-hearing briefs, on 
April 9, 1997, the Department announced its plans to reopen the hearing 
to take additional evidence relating to the economic and marketing 
conditions that justified the need for a pistachio marketing order as 
well as the economic impact of the proposed order on the industry. We 
asked for public input on scheduling the hearing by May 9, 1997. On 
July 22, 1997, the Department extended to September 1, 1997, the period 
during which it would accept public comment on reopening the hearing. 
On October 3, 1997, we further extended the comment period until 
January 31, 1998. No comments were received during the period provided.
    On June 22, 2000, the CPC and WPA requested that the proceeding be 
terminated.

Termination of Proceeding

    In view of the above, the proceeding is hereby terminated.

List of Subjects in 7 CFR Part 983

    Marketing agreements, Pistachios, Reporting and recordkeeping 
requirements.

    Authority: 7 U.S.C. 601-674.

    Dated: August 28, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-22577 Filed 9-1-00; 8:45 am]
BILLING CODE 3410-02-P