[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12577] [[Page Unknown]] [Federal Register: May 23, 1994] VOL. 59, NO. 98 Monday, May 23, 1994 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Docket No. AO-370-A5; FV93-930-1] 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 AGENCY: Agricultural Marketing Service, USDA. ACTION: Reopening period for filing written briefs. ----------------------------------------------------------------------- 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] BILLING CODE 3410-02-P