Proposed Tart Cherry Marketing Agreement and Order; Reopening of Comment Period To File Written Exceptions to the Proposed Marketing Agreement and Order for Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin

Federal RegisterJan 2, 1996

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

exceptions to the proposed marketing agreement and order for tart

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

Oregon, Utah, Washington and Wisconsin is reopened until January 16,

1996.

DATES: Comments must be received by January 16, 1996.

ADDRESSES: Interested persons are invited to submit written comments in

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

1079-S, Washington, DC, 20050-9200. All written comments 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

S.W. 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. The Notice Reopening the

Hearing was issued on December 5, 1994, and published in the Federal

Register on December 8, 1994 (59 FR 63273). The Recommended Decision

and Opportunity To File Written Exceptions to the proposed marketing

agreement and order was issued on November 20, 1995, and published in

the November 29, 1995, Federal Register (60 FR 61292).

The proposed marketing agreement and order are based on the record

of a public hearing held December 15-17, 1993, in Grand Rapids,

Michigan; January 10-11, 1994, in Rochester, New York; January 13,

1994, in Provo, Utah; February 15-17, 1994, in Portland, Oregon;

January 9-10, 1995, in Grand Rapids, Michigan; and, January 12-13,

1995, in Portland, Oregon. These multiple hearing sessions were held to

receive evidence on marketing order proposals from growers, handlers,

processors and other interested parties located throughout the proposed

production area.

The Recommended Decision 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, and the applicable rules

of practice and procedure governing the formulation of marketing

agreements and marketing orders [7 CFR part 900]. The deadline for

filing written exceptions with the Hearing Clerk on the Recommended

Decision was December 29, 1995.

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

requests from interested parties to provide more time for interested

persons to analyze the Recommended Decision and prepare and file with

the Hearing Clerk their written comments. These requesters cite severe

weather (that led to extended electrical power outages) in their

respective growing areas, the holiday season and the voluminous hearing

record as the reasons for requesting a 30-day extension for filing

written comments to January 31, 1996.

Reopening the period in which written comments may be filed will

provide interested persons more time to review the Recommended Decision

and submit written comments thereto. Extending the comment period by 18

days to January 16, 1996, would provide additional time for commenters,

to fairly address their concerns. A delay of 18 days should not

substantially add to the time required to complete this proceeding.

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

until January 16, 1996. 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: December 27, 1995.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing Service.

[FR Doc. 95-31574 Filed 12-27-95; 3:36 pm]

BILLING CODE 3410-02-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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