Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2006-2007 Marketing Year, 30266-30270 [E6-8105]
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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
provisions of this part except as
provided explicitly in this section,
assistance may be made available under
this section for the eligible cost of
refurbishing public or private oyster
reefs damaged in calendar year 2005 by
a 2005 hurricane. Oyster bed
refurbishing consists of removing mud
from public and private oyster beds,
staking out the leased areas,
reestablishing the oyster beds using
crushed limestone, recycled oyster
shells, or other available and suitable
approved cultch materials, reseeding the
oyster beds, and related actions
approved by FSA.
(b) Notwithstanding § 701.26, an ECP
participant shall not receive more than
90 percent of the participant’s actual
cost or of the total allowable cost
described in paragraph (a) of this
section.
(c) The provisions of § 701.26(c)
limiting ECP payments to 50 percent of
the agricultural value of the land do not
apply to oyster bed rehabilitation and
refurbishing.
§ 701.55
Nursery.
(a) Subject to the other eligibility
provisions of this part except as
provided explicitly in this section,
assistance may be made available in an
eligible county under this section for the
cost of removing nursery debris such as
nursery structures, shade houses, and
above ground irrigation facilities, where
such debris was created in calendar year
2005 by a 2005 hurricane.
(b) Notwithstanding § 701.26, an
otherwise eligible ECP participant may
be allowed up to 90 percent of the
participant’s actual cost or of the total
allowable cost for losses described in
paragraph (a) of this section.
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§ 701.56
Poultry.
(a) Subject to the other eligibility
provisions of this part except as
provided explicitly in this section,
assistance may be allowed under this
section for uninsured losses in calendar
year 2005 to a poultry house in an
eligible county due to a 2005 hurricane.
(b) Claimants under this section may
be allowed an amount up to the lesser
of:
(1) The lesser of 50 percent of the
participant’s actual or the total
allowable cost of the reconstruction or
repair of a poultry house, or
(2) $50,000 per poultry house.
(c) The total amount of assistance
provided under this section and any
indemnities for losses to a poultry house
paid to a poultry grower, may not
exceed 90 percent of the total costs
associated with the reconstruction or
repair of a poultry house.
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(d) Poultry growers must provide
information on insurance payments on
their poultry houses. Copies of contracts
between growers and poultry integrators
may be required.
(e) Assistance under this section is
limited to amounts necessary for
reconstruction and/or repair of a poultry
house to the same size as before the
hurricane.
(f) Assistance is limited to poultry
houses used to house poultry for
commercial enterprises. A commercial
poultry enterprise is one with a
dedicated structure for poultry and a
number of poultry that exceeds actual
non-commercial uses of poultry and
their products at all times, and from
which poultry or related products are
actually, and routinely, sold in
commercial quantities for food, fiber, or
eggs. Unless otherwise approved by
FSA, a commercial quantity is a
quantity per week that would normally
exceed $100 in sales.
(g) Poultry houses with respect to
which claims are made under this
section must be reconstructed or
repaired to meet current building
standards.
§ 701.57
Private non-industrial forest land.
(a) Subject to the other eligibility
provisions of this part except as
provided explicitly in this section,
assistance made available under this
section with respect to private, nonindustrial forest land in an eligible
county for costs related to reforestations,
rehabilitation, and related measures
undertaken because of losses in
calendar year 2005 caused by a 2005
hurricane. To be eligible, a nonindustrial private forest landowner must
have suffered a loss of, or damage to, at
least 35 percent of forest acres on
commercial forest land of the forest
landowner in a designated disaster
county due to a 2005 hurricane or
related condition. The 35 percent loss
shall be determined based on the value
of the land before and after the
hurricane event.
(b) During the 5-year period beginning
on the date of the loss, the eligible
private non-industrial forest landowner
must:
(1) Reforest the eligible damaged
forest acres in accordance with a forest
management plan approved by FSA that
is appropriate for the forest type where
the forest management plan is
developed by a person with appropriate
forestry credentials, as determined by
the Deputy Administrator;
(2) Use the best management practices
included in the forest management plan;
and
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(3) Exercise good stewardship on the
forest land of the landowner while
maintaining the land in a forested state.
(c) Notwithstanding § 701.26, an ECP
participant shall not receive under this
section more than 75 percent of the
participant’s actual cost or of the total
allowable cost of reforestation,
rehabilitation, and related measures.
(d) Payments under this section shall
not exceed a maximum of $150 per acre
for any acre.
(e) Requests will be prioritized based
upon planting tree species best suited to
the site as stated in the forest
management plan.
Signed at Washington, DC, on May 19,
2006.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
[FR Doc. E6–8100 Filed 5–25–06; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket No. FV06–985–2 IFR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Revision of the Salable
Quantity and Allotment Percentage for
Class 3 (Native) Spearmint Oil for the
2006–2007 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule revises the quantity
of Class 3 (Native) spearmint oil that
handlers may purchase from, or handle
for, producers during the 2006–2007
marketing year. This rule increases the
Native spearmint oil salable quantity
from 1,007,886 pounds to 1,161,260
pounds, and the allotment percentage
from 46 percent to 53 percent. The
marketing order regulates the handling
of spearmint oil produced in the Far
West and is administered locally by the
Spearmint Oil Administrative
Committee (Committee). The Committee
recommended this rule for the purpose
of avoiding extreme fluctuations in
supplies and prices and to help
maintain stability in the Far West
spearmint oil market.
DATES: Effective June 1, 2006, through
May 31, 2007; comments received by
July 25, 2006 will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
Washington, DC 20250–0237; Fax: (202)
720–8938; E-mail:
moab.docketclerk@usda.gov; or Internet:
https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.ams.usda.gov/fv/moab.html.
FURTHER INFORMATION CONTACT: Susan
M. Hiller, Northwest Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440.
Small businesses may request
information on complying with this
regulation 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, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Order No.
985 (7 CFR part 985), as amended,
regulating the handling of spearmint oil
produced in the Far West (Washington,
Idaho, Oregon, and designated parts of
Nevada and Utah), hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the provisions of the
marketing order now in effect, salable
quantities and allotment percentages
may be established for classes of
spearmint oil produced in the Far West.
This rule increases the quantity of
Native spearmint oil produced in the
Far West that may be purchased from or
handled for producers by handlers
during the 2006–2007 marketing year,
which ends on May 31, 2007. This rule
will not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
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SUPPLEMENTARY INFORMATION:
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parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
The original salable quantity and
allotment percentages for Scotch and
Native spearmint oil for the 2006–2007
marketing year were recommended by
the Committee at its October 5, 2005,
meeting. The Committee recommended
salable quantities of 878,205 pounds
and 1,007,886 pounds, and allotment
percentages of 45 percent and 46
percent, respectively, for Scotch and
Native spearmint oil. A proposed rule
was published in the Federal Register
on February 1, 2006 (71 FR 5183).
Comments on the proposed rule were
solicited from interested persons until
March 3, 2006. No comments were
received. Subsequently, a final rule
establishing the salable quantities and
allotment percentages for Scotch and
Native spearmint oil for the 2006–2007
marketing year was published in the
Federal Register on April 5, 2006 (71 FR
16986).
This rule revises the quantity of
Native spearmint oil that handlers may
purchase from, or handle for, producers
during the 2006–2007 marketing year,
which ends on May 31, 2007. Pursuant
to authority contained in §§ 985.50,
985.51, and 985.52 of the order, the
Committee, with seven of the eight
members present, met on April 18,
2006, and unanimously recommended
that the 2006–2007 Native spearmint oil
allotment percentage be increased by 7
percent.
Thus, taking into consideration the
following discussion on adjustments to
the Native spearmint oil salable
quantity, this rule increases the 2006–
2007 marketing year salable quantity
and allotment percentage for Native
spearmint oil to 1,161,260 pounds and
53 percent, respectively.
The salable quantity is the total
quantity of each class of oil that
handlers may purchase from, or handle
for, producers during the marketing
year. The total salable quantity is
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divided by the total industry allotment
base to determine an allotment
percentage. Each producer is allotted a
share of the salable quantity by applying
the allotment percentage to the
producer’s individual allotment base for
the applicable class of spearmint oil.
The estimated total industry allotment
base for Native spearmint oil for the
2006–2007 marketing year was
established at 2,191,056 pounds. This
figure represents a one percent increase
over the revised 2005–2006 total
allotment base. This figure is generally
revised each year on June 1 due to
producer base being lost due to the bona
fide effort production provisions of
§ 985.53(e). The revision is usually
minimal.
By increasing the salable quantity and
allotment percentage, this rule makes an
additional amount of Native spearmint
oil available by releasing oil from the
reserve pool. When applied to each
individual producer, the allotment
percentage increase allows each
producer to take up to an amount equal
to their allotment base from their
reserve for this respective class of oil.
Before November 1, 2006, a producer
may also transfer excess oil to another
producer to enable that producer to fill
a deficiency in that producer’s annual
allotment for this class of oil.
The following table summarizes the
Committee recommendation:
Native Spearmint Oil Recommendation
(A) Estimated 2006–2007 Allotment
Base—2,191,056 pounds. This is the
estimate on which the original 2006–
2007 Native spearmint oil salable
quantity and allotment percentage was
based.
(B) Original 2006–2007 Allotment
Percentage—46 percent. This was
unanimously recommended by the
Committee on October 5, 2005.
(C) Original 2006–2007 Salable
Quantity—1,007,886 pounds. This
figure is 46 percent of the estimated
2006–2007 allotment base of 2,191,056
pounds.
(D) Increase in Allotment
Percentage—7 percent. The Committee
recommended a 7 percent increase at its
April 18, 2006, meeting.
(E) 2006–2007 Allotment
Percentage—53 percent. This figure is
derived by adding the increase of 7
percent to the original 2006–2007
allotment percentage of 46 percent.
(F) Calculated Revised 2006–2007
Salable Quantity—1,161,260 pounds.
This figure is 53 percent of the
estimated 2006–2007 allotment base of
2,191,056 pounds.
(G) Computed Increase in the 2006–
2007 Salable Quantity—153,374
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pounds. This figure is 7 percent of the
estimated 2006–2007 allotment base of
2,191,056 pounds.
In making this recommendation, the
Committee considered all available
information on price, supply, and
demand. The Committee also
considered reports and other
information from handlers and
producers in attendance at the meeting
and reports given by the Committee
manager from handlers and producers
who were not in attendance. On
average, handlers estimated that the
demand for 2006–2007 spearmint oil is
300,000 pounds above the quantity
already contracted for sale.
The 2006–2007 marketing year will
begin on June 1, 2006, with an estimated
carry-in of 50,000 pounds of salable oil.
When the estimated carry-in is added to
the original 2006–2007 salable quantity
of 1,007,886 pounds, a total estimated
available supply for the 2006–2007
marketing year of 1,057,886 pounds
results. Of this amount, 819,560 pounds
of oil has already been contracted for
the 2006–2007 marketing year.
Additionally, an estimated deficiency of
133,800 pounds may exist from
producers not producing their full
salable quantity. As a result, an
estimated 104,526 pounds of oil would
remain uncontracted and available for
sale without this increase. This increase
will supply an additional 153,374
pounds of oil to the market, resulting in
257,900 pounds of oil available for
contracting for 2006–2007 marketing
year.
The Committee was reluctant to
increase the salable quantity any more
due to the uncertainty of the 2006–2007
marketing year; however, the Committee
believed that an increase was necessary
to supply the higher quantity demanded
according to their revised market
estimate. Therefore, the industry may
not be able to meet market demand
without this increase. In addition, when
the Committee made its original
recommendation for the establishment
of the Native spearmint oil salable
quantity and allotment percentage for
the 2006–2007 marketing year, it had
anticipated that the year would end
with an ample available supply.
Based on its analysis of available
information, USDA has determined that
the salable quantity and allotment
percentage for Native spearmint oil for
the 2006–2007 marketing year should be
increased to 1,161,260 pounds and 53
percent, respectively.
This rule relaxes the regulation of
Native spearmint oil and will allow
producers to meet market demand while
improving producer returns. In
conjunction with the issuance of this
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rule, the Committee’s revised marketing
policy statement for the 2006–2007
marketing year has been reviewed by
USDA. The Committee’s marketing
policy statement, a requirement
whenever the Committee recommends
implementing volume regulations or
recommends revisions to existing
volume regulations, meets the intent of
§ 985.50 of the order. During its
discussion of revising the 2006–2007
salable quantity and allotment
percentage, the Committee considered:
(1) The estimated quantity of salable oil
of each class held by producers and
handlers; (2) the estimated demand for
each class of oil; (3) prospective
production of each class of oil; (4) total
of allotment bases of each class of oil for
the current marketing year and the
estimated total of allotment bases of
each class for the ensuing marketing
year; (5) the quantity of reserve oil, by
class, in storage; (6) producer prices of
oil, including prices for each class of oil;
and (7) general market conditions for
each class of oil, including whether the
estimated season average price to
producers is likely to exceed parity.
Conformity with USDA’s ‘‘Guidelines
for Fruit, Vegetable, and Specialty Crop
Marketing Orders’’ has also been
reviewed and confirmed.
The increase in the Native spearmint
oil salable quantity and allotment
percentage allows for anticipated market
needs for this class of oil. In
determining anticipated market needs,
consideration by the Committee was
given to historical sales, and changes
and trends in production and demand.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this action on small entities.
Accordingly, AMS has prepared this
initial regulatory flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf. Thus, both statutes have small
entity orientation and compatibility.
There are eight spearmint oil handlers
subject to regulation under the order,
and approximately 59 producers of
Scotch spearmint oil and approximately
88 producers of Native spearmint oil in
the regulated production area. Small
agricultural service firms are defined by
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the Small Business Administration
(SBA) (13 CFR 121.201) as those having
annual receipts of less than $6,500,000,
and small agricultural producers are
defined as those having annual receipts
of less than $750,000.
Based on the SBA’s definition of
small entities, the Committee estimates
that 2 of the 8 handlers regulated by the
order could be considered small
entities. Most of the handlers are large
corporations involved in the
international trading of essential oils
and the products of essential oils. In
addition, the Committee estimates that
19 of the 59 Scotch spearmint oil
producers and 18 of the 88 Native
spearmint oil producers could be
classified as small entities under the
SBA definition. Thus, a majority of
handlers and producers of Far West
spearmint oil may not be classified as
small entities.
The Far West spearmint oil industry
is characterized by producers whose
farming operations generally involve
more than one commodity, and whose
income from farming operations is not
exclusively dependent on the
production of spearmint oil. A typical
spearmint oil-producing operation has
enough acreage for rotation such that
the total acreage required to produce the
crop is about one-third spearmint and
two-thirds rotational crops. Thus, the
typical spearmint oil producer has to
have considerably more acreage than is
planted to spearmint during any given
season. Crop rotation is an essential
cultural practice in the production of
spearmint for weed, insect, and disease
control. To remain economically viable
with the added costs associated with
spearmint oil production, most
spearmint oil-producing farms fall into
the SBA category of large businesses.
Small spearmint oil producers
generally are not as extensively
diversified as larger ones and as such
are more at risk to market fluctuations.
Such small producers generally need to
market their entire annual crop and do
not have the luxury of having other
crops to cushion seasons with poor
spearmint oil returns. Conversely, large
diversified producers have the potential
to endure one or more seasons of poor
spearmint oil markets because income
from alternate crops could support the
operation for a period of time. Being
reasonably assured of a stable price and
market provides small producing
entities with the ability to maintain
proper cash flow and to meet annual
expenses. Thus, the market and price
stability provided by the order
potentially benefit the small producer
more than such provisions benefit large
producers. Even though a majority of
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handlers and producers of spearmint oil
may not be classified as small entities,
the volume control feature of this order
has small entity orientation.
This rule revises the quantity of
Native spearmint oil that handlers may
purchase from, or handle for, producers
during the 2006–2007 marketing year,
which ends on May 31, 2007. This rule
increases the Native spearmint oil
salable quantity from 1,007,886 pounds
to 1,161,260 pounds, and the allotment
percentage from 46 percent to 53
percent.
An econometric model was used to
assess the impact that volume control
has on the prices producers receive for
their commodity. Without volume
control, spearmint oil markets would
likely be over-supplied, resulting in low
producer prices and a large volume of
oil stored and carried over to the next
crop year. The model estimates how
much lower producer prices would
likely be in the absence of volume
controls.
The recommended allotment
percentages, upon which 2006–2007
producer allotments are based, are 45
percent for Scotch and 53 percent for
Native (a 7 percentage point increase
from the original salable percentage of
46 percent). Without volume controls,
producers would not be limited to these
allotment levels, and could produce and
sell additional spearmint oil. The
econometric model estimated a $1.40
decline in the season average producer
price per pound (from both classes of
spearmint oil) resulting from the higher
quantities that would be produced and
marketed if volume controls were not
used (i.e., if the salable percentages
were set at 100 percent).
Loosening the volume control
restriction by increasing the allotment
percentages resulted in this revised
price decline estimate of $1.40 per
pound if volume controls were not used.
A previous price decline estimate of
$1.49 per pound was based on the
2006–2007 allotment percentages (45
percent for Scotch and 46 percent for
Native) published in the Federal
Register on April 5, 2006 (71 FR 16986).
The surplus situation for the
spearmint oil market that would exist
without volume controls in 2006–2007
also would likely dampen prospects for
improved producer prices in future
years because of the buildup in stocks.
The use of volume controls allows the
industry to fully supply spearmint oil
markets while avoiding the negative
consequences of over-supplying these
markets. The use of volume controls is
believed to have little or no effect on
consumer prices of products containing
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spearmint oil and will not result in
fewer retail sales of such products.
Based on projections available at the
meeting, the Committee considered
alternatives to the increase. The
Committee not only considered leaving
the salable quantity and allotment
percentage unchanged, but also looked
at various increases ranging from 0
percent to 10 percent. The Committee
reached its recommendation to increase
the salable quantity and allotment
percentage for Native spearmint oil after
careful consideration of all available
information, and believes that the level
recommended will achieve the
objectives sought. Without the increase,
the Committee believes the industry
would not be able to meet market needs.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
spearmint oil handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
AMS is committed to compliance
with the Government Paperwork
Elimination Act (GPEA), which requires
Government agencies in general to
provide the public the option of
submitting information or transacting
business electronically to the maximum
extent possible.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap or conflict with this
rule.
Further, the Committee’s meeting was
widely publicized throughout the
spearmint oil industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the April 18, 2006, meeting
was a public meeting and all entities,
both large and small, were able to
express their views on this issue.
Finally, interested persons are invited to
submit information on the regulatory
and informational impacts of this action
on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
This rule invites comments on a
change to the salable quantity and
allotment percentage for Native
spearmint oil for the 2006–2007
marketing year. Any comments received
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30269
will be considered prior to finalization
of this rule.
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that this
interim final rule, as hereinafter set
forth, will tend to effectuate the
declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) This rule increases the
quantity of Native spearmint oil that
may be marketed during the marketing
year which ends on May 31, 2007; (2)
the current quantity of Native spearmint
oil may be inadequate to meet demand
for the 2006–2007 marketing year, thus
making the additional oil available as
soon as is practicable will be beneficial
to both handlers and producers; (3) the
Committee recommended these changes
at a public meeting and interested
parties had an opportunity to provide
input; and (4) this rule provides a 60day comment period and any comments
received will be considered prior to
finalization of this rule.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements, Spearmint oil.
For the reasons set forth in the
preamble, 7 CFR part 985 is amended as
follows:
I
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
1. The authority citation for 7 CFR
part 985 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. In § 985.225, paragraph (b) is
revised to read as follows:
I
Note: This section will not appear in the
annual Code of Federal Regulations.
§ 985.225 Salable quantities and allotment
percentages—2006–2007 marketing year.
*
*
*
*
*
(b) Class 3 (Native) oil—a salable
quantity of 1,161,260 pounds and an
allotment percentage of 53 percent.
E:\FR\FM\26MYR1.SGM
26MYR1
30270
Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Rules and Regulations
Dated: May 22, 2006
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–8105 Filed 5–25–06; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–23841; Directorate
Identifier 2005–NM–214–AD; Amendment
39–14613; AD 2006–11–09]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier Model CL–600–2B19
(Regional Jet Series 100 & 440)
airplanes. This AD requires revising the
Airworthiness Limitations section of the
Instructions for Continuing
Airworthiness of the Maintenance
Requirements Manual to include revised
threshold and repeat inspection
intervals for the cargo door skin cut-out.
This AD results from a report that a
crack was discovered at the lower
forward corner of a cargo door skin cutout during fatigue testing. We are
issuing this AD to detect and correct
cracking in the lower forward corner of
the cargo door skin cut-out, which could
result in reduced structural integrity of
the airplane.
DATES: This AD becomes effective June
30, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of June 30, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087,
Station Centre-ville, Montreal, Quebec
H3C 3G9, Canada, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Richard Beckwith, Aerospace Engineer,
Airframe and Propulsion Branch, ANE–
171, FAA, New York Aircraft
Certification Office, 1600 Stewart
Avenue, suite 410, Westbury, New York
11590; telephone (516) 228–7302; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Bombardier Model CL–
600–2B19 (Regional Jet Series 100 &
440) airplanes. That NPRM was
published in the Federal Register on
February 9, 2006 (71 FR 6683). That
NPRM proposed to require revising the
Airworthiness Limitations section of the
Instructions for Continuing
Airworthiness of the Maintenance
Requirements Manual to include revised
threshold and repeat inspection
intervals for the cargo door skin cut-out.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comment received.
Request To Change Applicability
Air Wisconsin notes that the
applicability of the proposed AD
includes airplanes with serial numbers
7003 and subsequent on which
Bombardier Modsum TC601R16421 or
TC601R16422 has not been
accomplished. Air Wisconsin also notes
that Modsums cannot be accomplished
on in-service airplanes because inservice airplanes are modified per
service bulletins, in this case
Bombardier Service Bulletin 601R–53–
070. Air Wisconsin states that
Bombardier Service Bulletin 601R–53–
070 will be released very soon to
communicate in-service Modsum
TC601R16422; and that the actions in
that service bulletin will be terminating
action for in-service airplanes. This will
limit the applicability to serial number
7003 to 8129 because production
Modsum TC601R16421 will be
accomplished on serial number 8130
and subsequent.
We infer that Air Wisconsin is
requesting that we change the
applicability of the proposed AD to
include a reference to Bombardier
Service Bulletin 601R–53–070, and to
limit the affected serial numbers to 7003
through 8129 inclusive. We disagree.
There may be production delays that
would result in a change to those
airplanes on which production Modsum
TC601R16421 is accomplished in
production. In addition, Bombardier
Service Bulletin 601R–53–070 has not
been released by Bombardier, and we
cannot refer to a document that is not
yet released and approved. The actions
in this AD are not required if one of the
Modsums has been accomplished on an
airplane. Bombardier can provide
methods for showing that a Modsum has
been accomplished. Also, an operator
may request an alternative method of
compliance in accordance with the
procedures in paragraph (g) of this AD.
We have not changed the AD in this
regard.
Conclusion
We have carefully reviewed the
available data, including the comment
received, and determined that air safety
and the public interest require adopting
the AD as proposed.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
cprice-sewell on PROD1PC66 with RULES
ESTIMATED COSTS
Action
Work hours
Average labor
rate per hour
Cost per
airplane
Number of
U.S.-registered
airplanes
Fleet cost
AWL Revision ......................................................................
1
$65
$65
738
$47,970
VerDate Aug<31>2005
14:42 May 25, 2006
Jkt 208001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
E:\FR\FM\26MYR1.SGM
26MYR1
]]>Agencies
[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30266-30270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8105]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket No. FV06-985-2 IFR]
Marketing Order Regulating the Handling of Spearmint Oil Produced
in the Far West; Revision of the Salable Quantity and Allotment
Percentage for Class 3 (Native) Spearmint Oil for the 2006-2007
Marketing Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule revises the quantity of Class 3 (Native) spearmint
oil that handlers may purchase from, or handle for, producers during
the 2006-2007 marketing year. This rule increases the Native spearmint
oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the
allotment percentage from 46 percent to 53 percent. The marketing order
regulates the handling of spearmint oil produced in the Far West and is
administered locally by the Spearmint Oil Administrative Committee
(Committee). The Committee recommended this rule for the purpose of
avoiding extreme fluctuations in supplies and prices and to help
maintain stability in the Far West spearmint oil market.
DATES: Effective June 1, 2006, through May 31, 2007; comments received
by July 25, 2006 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
[[Page 30267]]
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; E-mail: moab.docketclerk@usda.gov; or
Internet: https://www.regulations.gov. All comments should reference the
docket number and the date and page number of this issue of the Federal
Register and will be made available for public inspection in the Office
of the Docket Clerk during regular business hours, or can be viewed at:
https://www.ams.usda.gov/fv/moab.html.
FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (503) 326-2724, Fax: (503)
326-7440.
Small businesses may request information on complying with this
regulation 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, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 985 (7 CFR part 985), as amended, regulating the handling of
spearmint oil produced in the Far West (Washington, Idaho, Oregon, and
designated parts of Nevada and Utah), hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the provisions of the marketing order now in
effect, salable quantities and allotment percentages may be established
for classes of spearmint oil produced in the Far West. This rule
increases the quantity of Native spearmint oil produced in the Far West
that may be purchased from or handled for producers by handlers during
the 2006-2007 marketing year, which ends on May 31, 2007. This rule
will not preempt any State or local laws, regulations, or policies,
unless they present an irreconcilable conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
The original salable quantity and allotment percentages for Scotch
and Native spearmint oil for the 2006-2007 marketing year were
recommended by the Committee at its October 5, 2005, meeting. The
Committee recommended salable quantities of 878,205 pounds and
1,007,886 pounds, and allotment percentages of 45 percent and 46
percent, respectively, for Scotch and Native spearmint oil. A proposed
rule was published in the Federal Register on February 1, 2006 (71 FR
5183). Comments on the proposed rule were solicited from interested
persons until March 3, 2006. No comments were received. Subsequently, a
final rule establishing the salable quantities and allotment
percentages for Scotch and Native spearmint oil for the 2006-2007
marketing year was published in the Federal Register on April 5, 2006
(71 FR 16986).
This rule revises the quantity of Native spearmint oil that
handlers may purchase from, or handle for, producers during the 2006-
2007 marketing year, which ends on May 31, 2007. Pursuant to authority
contained in Sec. Sec. 985.50, 985.51, and 985.52 of the order, the
Committee, with seven of the eight members present, met on April 18,
2006, and unanimously recommended that the 2006-2007 Native spearmint
oil allotment percentage be increased by 7 percent.
Thus, taking into consideration the following discussion on
adjustments to the Native spearmint oil salable quantity, this rule
increases the 2006-2007 marketing year salable quantity and allotment
percentage for Native spearmint oil to 1,161,260 pounds and 53 percent,
respectively.
The salable quantity is the total quantity of each class of oil
that handlers may purchase from, or handle for, producers during the
marketing year. The total salable quantity is divided by the total
industry allotment base to determine an allotment percentage. Each
producer is allotted a share of the salable quantity by applying the
allotment percentage to the producer's individual allotment base for
the applicable class of spearmint oil.
The estimated total industry allotment base for Native spearmint
oil for the 2006-2007 marketing year was established at 2,191,056
pounds. This figure represents a one percent increase over the revised
2005-2006 total allotment base. This figure is generally revised each
year on June 1 due to producer base being lost due to the bona fide
effort production provisions of Sec. 985.53(e). The revision is
usually minimal.
By increasing the salable quantity and allotment percentage, this
rule makes an additional amount of Native spearmint oil available by
releasing oil from the reserve pool. When applied to each individual
producer, the allotment percentage increase allows each producer to
take up to an amount equal to their allotment base from their reserve
for this respective class of oil. Before November 1, 2006, a producer
may also transfer excess oil to another producer to enable that
producer to fill a deficiency in that producer's annual allotment for
this class of oil.
The following table summarizes the Committee recommendation:
Native Spearmint Oil Recommendation
(A) Estimated 2006-2007 Allotment Base--2,191,056 pounds. This is
the estimate on which the original 2006-2007 Native spearmint oil
salable quantity and allotment percentage was based.
(B) Original 2006-2007 Allotment Percentage--46 percent. This was
unanimously recommended by the Committee on October 5, 2005.
(C) Original 2006-2007 Salable Quantity--1,007,886 pounds. This
figure is 46 percent of the estimated 2006-2007 allotment base of
2,191,056 pounds.
(D) Increase in Allotment Percentage--7 percent. The Committee
recommended a 7 percent increase at its April 18, 2006, meeting.
(E) 2006-2007 Allotment Percentage--53 percent. This figure is
derived by adding the increase of 7 percent to the original 2006-2007
allotment percentage of 46 percent.
(F) Calculated Revised 2006-2007 Salable Quantity--1,161,260
pounds. This figure is 53 percent of the estimated 2006-2007 allotment
base of 2,191,056 pounds.
(G) Computed Increase in the 2006-2007 Salable Quantity--153,374
[[Page 30268]]
pounds. This figure is 7 percent of the estimated 2006-2007 allotment
base of 2,191,056 pounds.
In making this recommendation, the Committee considered all
available information on price, supply, and demand. The Committee also
considered reports and other information from handlers and producers in
attendance at the meeting and reports given by the Committee manager
from handlers and producers who were not in attendance. On average,
handlers estimated that the demand for 2006-2007 spearmint oil is
300,000 pounds above the quantity already contracted for sale.
The 2006-2007 marketing year will begin on June 1, 2006, with an
estimated carry-in of 50,000 pounds of salable oil. When the estimated
carry-in is added to the original 2006-2007 salable quantity of
1,007,886 pounds, a total estimated available supply for the 2006-2007
marketing year of 1,057,886 pounds results. Of this amount, 819,560
pounds of oil has already been contracted for the 2006-2007 marketing
year. Additionally, an estimated deficiency of 133,800 pounds may exist
from producers not producing their full salable quantity. As a result,
an estimated 104,526 pounds of oil would remain uncontracted and
available for sale without this increase. This increase will supply an
additional 153,374 pounds of oil to the market, resulting in 257,900
pounds of oil available for contracting for 2006-2007 marketing year.
The Committee was reluctant to increase the salable quantity any
more due to the uncertainty of the 2006-2007 marketing year; however,
the Committee believed that an increase was necessary to supply the
higher quantity demanded according to their revised market estimate.
Therefore, the industry may not be able to meet market demand without
this increase. In addition, when the Committee made its original
recommendation for the establishment of the Native spearmint oil
salable quantity and allotment percentage for the 2006-2007 marketing
year, it had anticipated that the year would end with an ample
available supply.
Based on its analysis of available information, USDA has determined
that the salable quantity and allotment percentage for Native spearmint
oil for the 2006-2007 marketing year should be increased to 1,161,260
pounds and 53 percent, respectively.
This rule relaxes the regulation of Native spearmint oil and will
allow producers to meet market demand while improving producer returns.
In conjunction with the issuance of this rule, the Committee's revised
marketing policy statement for the 2006-2007 marketing year has been
reviewed by USDA. The Committee's marketing policy statement, a
requirement whenever the Committee recommends implementing volume
regulations or recommends revisions to existing volume regulations,
meets the intent of Sec. 985.50 of the order. During its discussion of
revising the 2006-2007 salable quantity and allotment percentage, the
Committee considered: (1) The estimated quantity of salable oil of each
class held by producers and handlers; (2) the estimated demand for each
class of oil; (3) prospective production of each class of oil; (4)
total of allotment bases of each class of oil for the current marketing
year and the estimated total of allotment bases of each class for the
ensuing marketing year; (5) the quantity of reserve oil, by class, in
storage; (6) producer prices of oil, including prices for each class of
oil; and (7) general market conditions for each class of oil, including
whether the estimated season average price to producers is likely to
exceed parity. Conformity with USDA's ``Guidelines for Fruit,
Vegetable, and Specialty Crop Marketing Orders'' has also been reviewed
and confirmed.
The increase in the Native spearmint oil salable quantity and
allotment percentage allows for anticipated market needs for this class
of oil. In determining anticipated market needs, consideration by the
Committee was given to historical sales, and changes and trends in
production and demand.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are eight spearmint oil handlers subject to regulation under
the order, and approximately 59 producers of Scotch spearmint oil and
approximately 88 producers of Native spearmint oil in the regulated
production area. Small agricultural service firms are defined by the
Small Business Administration (SBA) (13 CFR 121.201) as those having
annual receipts of less than $6,500,000, and small agricultural
producers are defined as those having annual receipts of less than
$750,000.
Based on the SBA's definition of small entities, the Committee
estimates that 2 of the 8 handlers regulated by the order could be
considered small entities. Most of the handlers are large corporations
involved in the international trading of essential oils and the
products of essential oils. In addition, the Committee estimates that
19 of the 59 Scotch spearmint oil producers and 18 of the 88 Native
spearmint oil producers could be classified as small entities under the
SBA definition. Thus, a majority of handlers and producers of Far West
spearmint oil may not be classified as small entities.
The Far West spearmint oil industry is characterized by producers
whose farming operations generally involve more than one commodity, and
whose income from farming operations is not exclusively dependent on
the production of spearmint oil. A typical spearmint oil-producing
operation has enough acreage for rotation such that the total acreage
required to produce the crop is about one-third spearmint and two-
thirds rotational crops. Thus, the typical spearmint oil producer has
to have considerably more acreage than is planted to spearmint during
any given season. Crop rotation is an essential cultural practice in
the production of spearmint for weed, insect, and disease control. To
remain economically viable with the added costs associated with
spearmint oil production, most spearmint oil-producing farms fall into
the SBA category of large businesses.
Small spearmint oil producers generally are not as extensively
diversified as larger ones and as such are more at risk to market
fluctuations. Such small producers generally need to market their
entire annual crop and do not have the luxury of having other crops to
cushion seasons with poor spearmint oil returns. Conversely, large
diversified producers have the potential to endure one or more seasons
of poor spearmint oil markets because income from alternate crops could
support the operation for a period of time. Being reasonably assured of
a stable price and market provides small producing entities with the
ability to maintain proper cash flow and to meet annual expenses. Thus,
the market and price stability provided by the order potentially
benefit the small producer more than such provisions benefit large
producers. Even though a majority of
[[Page 30269]]
handlers and producers of spearmint oil may not be classified as small
entities, the volume control feature of this order has small entity
orientation.
This rule revises the quantity of Native spearmint oil that
handlers may purchase from, or handle for, producers during the 2006-
2007 marketing year, which ends on May 31, 2007. This rule increases
the Native spearmint oil salable quantity from 1,007,886 pounds to
1,161,260 pounds, and the allotment percentage from 46 percent to 53
percent.
An econometric model was used to assess the impact that volume
control has on the prices producers receive for their commodity.
Without volume control, spearmint oil markets would likely be over-
supplied, resulting in low producer prices and a large volume of oil
stored and carried over to the next crop year. The model estimates how
much lower producer prices would likely be in the absence of volume
controls.
The recommended allotment percentages, upon which 2006-2007
producer allotments are based, are 45 percent for Scotch and 53 percent
for Native (a 7 percentage point increase from the original salable
percentage of 46 percent). Without volume controls, producers would not
be limited to these allotment levels, and could produce and sell
additional spearmint oil. The econometric model estimated a $1.40
decline in the season average producer price per pound (from both
classes of spearmint oil) resulting from the higher quantities that
would be produced and marketed if volume controls were not used (i.e.,
if the salable percentages were set at 100 percent).
Loosening the volume control restriction by increasing the
allotment percentages resulted in this revised price decline estimate
of $1.40 per pound if volume controls were not used. A previous price
decline estimate of $1.49 per pound was based on the 2006-2007
allotment percentages (45 percent for Scotch and 46 percent for Native)
published in the Federal Register on April 5, 2006 (71 FR 16986).
The surplus situation for the spearmint oil market that would exist
without volume controls in 2006-2007 also would likely dampen prospects
for improved producer prices in future years because of the buildup in
stocks.
The use of volume controls allows the industry to fully supply
spearmint oil markets while avoiding the negative consequences of over-
supplying these markets. The use of volume controls is believed to have
little or no effect on consumer prices of products containing spearmint
oil and will not result in fewer retail sales of such products.
Based on projections available at the meeting, the Committee
considered alternatives to the increase. The Committee not only
considered leaving the salable quantity and allotment percentage
unchanged, but also looked at various increases ranging from 0 percent
to 10 percent. The Committee reached its recommendation to increase the
salable quantity and allotment percentage for Native spearmint oil
after careful consideration of all available information, and believes
that the level recommended will achieve the objectives sought. Without
the increase, the Committee believes the industry would not be able to
meet market needs.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large spearmint oil handlers. As with
all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
AMS is committed to compliance with the Government Paperwork
Elimination Act (GPEA), which requires Government agencies in general
to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Further, the Committee's meeting was widely publicized throughout
the spearmint oil industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the April 18, 2006, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue. Finally, interested persons are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
This rule invites comments on a change to the salable quantity and
allotment percentage for Native spearmint oil for the 2006-2007
marketing year. Any comments received will be considered prior to
finalization of this rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) This rule increases the quantity of Native spearmint oil
that may be marketed during the marketing year which ends on May 31,
2007; (2) the current quantity of Native spearmint oil may be
inadequate to meet demand for the 2006-2007 marketing year, thus making
the additional oil available as soon as is practicable will be
beneficial to both handlers and producers; (3) the Committee
recommended these changes at a public meeting and interested parties
had an opportunity to provide input; and (4) this rule provides a 60-
day comment period and any comments received will be considered prior
to finalization of this rule.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats, Reporting and recordkeeping
requirements, Spearmint oil.
0
For the reasons set forth in the preamble, 7 CFR part 985 is amended as
follows:
PART 985--MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL
PRODUCED IN THE FAR WEST
0
1. The authority citation for 7 CFR part 985 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 985.225, paragraph (b) is revised to read as follows:
Note: This section will not appear in the annual Code of Federal
Regulations.
Sec. 985.225 Salable quantities and allotment percentages--2006-2007
marketing year.
* * * * *
(b) Class 3 (Native) oil--a salable quantity of 1,161,260 pounds
and an allotment percentage of 53 percent.
[[Page 30270]]
Dated: May 22, 2006
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-8105 Filed 5-25-06; 8:45 am]
BILLING CODE 3410-02-P
