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 2010-2011 Marketing Year, 33969-33970 [2011-14430]
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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations
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/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Laurel May at
the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on the
suspension of all provisions prescribed
under the marketing order for Irish
potatoes grown in Southeastern states.
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 the
order suspended by this interim rule, as
hereinafter set forth, does not 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 action suspends the
order and the rules and regulations
thereunder; (2) this change will help the
Committee and industry avoid any
additional costs associated with the
order; (3) handlers are aware of this
action, which was unanimously
recommended 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 953
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
PART 953—[SUSPENDED]
For the reasons set forth in the
preamble, under the authority of 7
U.S.C. 601–674, 7 CFR part 953 is
suspended effective June 13, 2011
through March 1, 2014.
WReier-Aviles on DSKGBLS3C1PROD with RULES
■
Dated: June 6, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–14431 Filed 6–9–11; 8:45 am]
BILLING CODE 3410–02–P
VerDate Mar<15>2010
14:29 Jun 09, 2011
Jkt 223001
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket Nos. AMS–FV–09–0082; FV10–985–
1A FIR]
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
2010–2011 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that revised the quantity of Class 3
(Native) spearmint oil that handlers may
purchase from, or handle on behalf of,
producers during the 2010–2011
marketing year. The interim rule
increased the Native spearmint oil
salable quantity from 980,220 pounds to
1,118,639 pounds, and the allotment
percentage from 43 percent to 50
percent. This change is expected to
balance the supply of Native spearmint
oil produced in the Far West with
market needs and to promote market
stability.
SUMMARY:
DATES:
Effective June 13, 2011.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist
or Gary Olson, Regional Manager,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or E-mail:
Barry.Broadbent@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Laurel May, 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:
Laurel.May@ams.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
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
33969
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.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
Salable quantities and allotment
percentages for Scotch and Native
spearmint oil for the 2010–2011
marketing year were established in a
final rule published in the Federal
Register on May 18, 2010 (75 FR 27631).
The rule set salable quantities of
566,962 pounds and 980,265 pounds,
and allotment percentages of 28 percent
and 43 percent, respectively, for Scotch
and Native spearmint oil. The salable
quantities and allotment percentages
were established prior to the start of the
marketing year and were based on the
Committee’s projection of the supply
and demand for spearmint oil for the
forthcoming year.
Early in the 2010–2011 marketing
year, however, the spearmint industry
reported to the Committee that the real
demand for Native spearmint oil was
greater than the level that was initially
projected. The Committee subsequently
recommended revising the salable
quantity and allotment percentage for
Native spearmint to allow the market to
satisfy the increased demand.
In an interim rule published in the
Federal Register on January 25, 2011,
and effective June 1, 2010, through May
31, 2011, (76 FR 4204, Doc. No. AMS–
FV–09–0082, FV10–985–1A IR), the
salable quantity and allotment
percentage for Class 3 (Native)
spearmint oil for the 2010–2011
marketing year was increased 138,419
pounds and 7 percent, respectively. The
aforementioned rule contains an
extensive discussion of the volume
regulation process.
This final rule continues in effect the
action that revised the quantity of
Native spearmint oil that handlers may
purchase from, or handle on behalf of,
producers during the 2010–2011
marketing year, which ends on May 31,
2011. Therefore, the Native spearmint
oil salable quantity of 1,118,639 pounds
and the allotment percentage of 50
percent remains in effect through the
end of the 2010–2011 marketing year.
Final 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
final regulatory flexibility analysis.
E:\FR\FM\10JNR1.SGM
10JNR1
WReier-Aviles on DSKGBLS3C1PROD with RULES
33970
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Rules and Regulations
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.
There are 8 spearmint oil handlers
subject to regulation under the order,
and approximately 38 producers of
Scotch spearmint oil and approximately
84 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 $7,000,000,
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 two of the eight 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 38 Scotch spearmint oil
producers and 29 of the 84 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 oil 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
VerDate Mar<15>2010
14:29 Jun 09, 2011
Jkt 223001
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
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 continues in effect the
action that revised the quantity of
Native spearmint oil that handlers may
purchase from, or handle on behalf of,
producers during the 2010–2011
marketing year, which ends on May 31,
2011. The Native spearmint oil salable
quantity and allotment percentage is
increased to 1,118,639 pounds and 50
percent, respectively, for the 2010–2011
marketing year.
The use of volume control regulation
allows the industry to fully supply
spearmint oil markets while avoiding
the negative consequences of oversupplying these markets. Volume
control is believed to have little or no
effect on consumer prices of products
containing spearmint oil and likely does
not result in fewer retail sales of such
products. The marketing order’s volume
control provisions have been
successfully implemented in the
domestic spearmint oil industry for
nearly three decades and provide
benefits for producers, handlers,
manufacturers, and consumers.
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. 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 industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the November 19, 2010,
meeting was a public meeting and all
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
entities, both large and small, were able
to express their views on this issue.
Comments on the interim rule were
required to be received on or before
March 28, 2011. No comments were
received. Therefore, for the reasons
given in the interim rule, we are
adopting the interim rule as a final rule,
without change. To view the interim
rule, go to: https://www.regulations.gov/
#!documentDetail;D=AMS-FV-09-00820002.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (76 FR 4204, January 25, 2011)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements, Spearmint oil.
PART 985—[AMENDED]
Accordingly, the interim rule
amending 7 CFR part 985 that was
published at 76 FR 4204 on January 25,
2011, is adopted as a final rule, without
change.
■
[Note: The affected section of part 985 does
not appear in the Code of Federal
Regulations.]
Dated: June 6, 2011.
Ellen King,
Acting Administrator,Agricultural Marketing
Service.
[FR Doc. 2011–14430 Filed 6–9–11; 8:45 am]
BILLING CODE 3410–02–P
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[Docket No. ICEB–2011–0003]
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ACTION: Notice of suspension of
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AGENCY:
E:\FR\FM\10JNR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Rules and Regulations]
[Pages 33969-33970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14430]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Docket Nos. AMS-FV-09-0082; FV10-985-1A FIR]
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 2010-2011
Marketing Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that revised the quantity of
Class 3 (Native) spearmint oil that handlers may purchase from, or
handle on behalf of, producers during the 2010-2011 marketing year. The
interim rule increased the Native spearmint oil salable quantity from
980,220 pounds to 1,118,639 pounds, and the allotment percentage from
43 percent to 50 percent. This change is expected to balance the supply
of Native spearmint oil produced in the Far West with market needs and
to promote market stability.
DATES: Effective June 13, 2011.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist
or Gary Olson, Regional Manager, Northwest Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or E-mail:
Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Laurel May, 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: Laurel.May@ams.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.''
USDA is issuing this rule in conformance with Executive Order
12866.
Salable quantities and allotment percentages for Scotch and Native
spearmint oil for the 2010-2011 marketing year were established in a
final rule published in the Federal Register on May 18, 2010 (75 FR
27631). The rule set salable quantities of 566,962 pounds and 980,265
pounds, and allotment percentages of 28 percent and 43 percent,
respectively, for Scotch and Native spearmint oil. The salable
quantities and allotment percentages were established prior to the
start of the marketing year and were based on the Committee's
projection of the supply and demand for spearmint oil for the
forthcoming year.
Early in the 2010-2011 marketing year, however, the spearmint
industry reported to the Committee that the real demand for Native
spearmint oil was greater than the level that was initially projected.
The Committee subsequently recommended revising the salable quantity
and allotment percentage for Native spearmint to allow the market to
satisfy the increased demand.
In an interim rule published in the Federal Register on January 25,
2011, and effective June 1, 2010, through May 31, 2011, (76 FR 4204,
Doc. No. AMS-FV-09-0082, FV10-985-1A IR), the salable quantity and
allotment percentage for Class 3 (Native) spearmint oil for the 2010-
2011 marketing year was increased 138,419 pounds and 7 percent,
respectively. The aforementioned rule contains an extensive discussion
of the volume regulation process.
This final rule continues in effect the action that revised the
quantity of Native spearmint oil that handlers may purchase from, or
handle on behalf of, producers during the 2010-2011 marketing year,
which ends on May 31, 2011. Therefore, the Native spearmint oil salable
quantity of 1,118,639 pounds and the allotment percentage of 50 percent
remains in effect through the end of the 2010-2011 marketing year.
Final 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 final regulatory flexibility analysis.
[[Page 33970]]
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.
There are 8 spearmint oil handlers subject to regulation under the
order, and approximately 38 producers of Scotch spearmint oil and
approximately 84 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 $7,000,000, 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 two of the eight 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 38 Scotch spearmint oil producers and 29 of
the 84 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 oil 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 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 continues in effect the action that revised the quantity
of Native spearmint oil that handlers may purchase from, or handle on
behalf of, producers during the 2010-2011 marketing year, which ends on
May 31, 2011. The Native spearmint oil salable quantity and allotment
percentage is increased to 1,118,639 pounds and 50 percent,
respectively, for the 2010-2011 marketing year.
The use of volume control regulation allows the industry to fully
supply spearmint oil markets while avoiding the negative consequences
of over-supplying these markets. Volume control is believed to have
little or no effect on consumer prices of products containing spearmint
oil and likely does not result in fewer retail sales of such products.
The marketing order's volume control provisions have been successfully
implemented in the domestic spearmint oil industry for nearly three
decades and provide benefits for producers, handlers, manufacturers,
and consumers.
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. 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 industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the November 19, 2010, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue.
Comments on the interim rule were required to be received on or
before March 28, 2011. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change. To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-09-0082-0002.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (76 FR 4204, January 25, 2011) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats, Reporting and recordkeeping
requirements, Spearmint oil.
PART 985--[AMENDED]
0
Accordingly, the interim rule amending 7 CFR part 985 that was
published at 76 FR 4204 on January 25, 2011, is adopted as a final
rule, without change.
[Note: The affected section of part 985 does not appear in the
Code of Federal Regulations.]
Dated: June 6, 2011.
Ellen King,
Acting Administrator,Agricultural Marketing Service.
[FR Doc. 2011-14430 Filed 6-9-11; 8:45 am]
BILLING CODE 3410-02-P
