[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36062-36063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12258]


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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.

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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