Reopening of Briefing Period on Proposed Marketing Agreement and Order for Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin

SUMMARY: Notice is hereby given that the time period for filing written

briefs on a proposed marketing agreement and order for tart cherries

grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah,

Washington and Wisconsin is reopened.

DATES: Written briefs must be received by May 31, 1994.

ADDRESSES: Interested persons are invited to submit written briefs in

triplicate to the Hearing Clerk, U.S. Department of Agriculture, room

1079-S, Washington, DC, 20050-9200. All written briefs will be

available for public inspection at the Office of the Hearing Clerk

during regular business hours.

FOR FURTHER INFORMATION CONTACT: (1) R. Charles Martin or Kenneth G.

Johnson, Marketing Order Administration Branch, Fruit and Vegetable

Division, room 2523-S, AMS, USDA, P.O. Box 96456, Washington, DC 20090-

6456; telephone number (202) 720-5053.

(2) Robert Curry, Northwest Marketing Field Office, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, 1220

SW. Third Avenue, room 369, Portland, Oregon, 97204; telephone: (503)

326-2725.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice

of Hearing issued on November 23, 1993, and published in the November

30, 1993, issue of the Federal Register (58 FR 63108); Notice of

Additional Hearings on the Proposed Agreement and Order issued on

December 20, 1993, and published in the December 23, 1993, issue of the

Federal Register (58 FR 68065); and an Amendment to the Notice of

Hearing issued on January 25, 1994, and published in the Federal

Register (59 FR 4259) on January 31, 1994.

Public hearing sessions were held in late 1993 and early 1994 to

receive evidence on a proposed marketing agreement and order for tart

cherries grown in the States of Michigan, New York, Pennsylvania,

Oregon, Utah, Washington and Wisconsin. The Notice of Hearing on the

proposed marketing agreement and order was issued pursuant to the

provisions of the Agricultural Marketing Agreement Act of 1937, as

amended [7 U.S.C. 601-674], hereinafter referred to as the ``Act.'' The

deadline for filing post-hearing briefs with the Hearing Clerk on the

evidence received at the public hearing was April 29, 1994.

The U.S. Department of Agriculture (USDA) has received four

requests from interested parties to provide more time for interested

persons to analyze the hearing transcripts and prepare and file with

the Hearing Clerk their written briefs. These requesters cite hostile

weather in their respective growing areas, combined with heavy field

activity and the voluminous hearing record as the reasons for

requesting a 60-day extension for filing post-hearing briefs to June

30, 1994.

USDA received another request in opposition to any extension of the

briefing period. The requester, on behalf of the Cherry Marketing

Institute (CMI), stated that opponents to the proposed agreement and

order have had adequate time to complete their post-hearing briefs.

Reopening the period in which written briefs may be filed will

provide interested persons more time to review the hearing transcripts

and submit written briefs thereto. Extending the briefing period by 30-

days to May 31, 1994, would provide additional time to Oregon,

Washington and other commenters, to fairly address their concerns. A

delay of 30 days should not substantially add to the time required to

complete this proceeding, in response to the concerns of the CMI.

Accordingly, the period in which to file written briefs is reopened

until May 31, 1994.

This notice is issued pursuant to the Act and the applicable rules

of practice governing the formulation of marketing agreements and

marketing orders (7 CFR part 900).

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

Dated: May 16, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-12577 Filed 5-20-94; 8:45 am]

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