[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Proposed Rules]
[Page 9000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3481]


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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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  Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / 
Proposed Rules  

[[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