Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2012-2013 Marketing Year, 23673-23674 [2013-09377]
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Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations
Register on February 5, 2013 (78 FR
8047). Copies of the proposed rule were
also mailed or sent via facsimile to all
onion handlers. Finally, the proposal
was made available through the Internet
by USDA and the Office of the Federal
Register. A 10-day comment period
ending February 15, 2013, was provided
for interested persons to respond to the
proposal. No comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this 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 that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because the 2012–13 fiscal period began
on August 1, 2012, and the marketing
order requires that the assessment rate
for each fiscal period apply to all
assessable onions handled during such
fiscal period. In addition, the Committee
needs sufficient funds to pay its
expenses, which are incurred on a
continuous basis. Further, handlers are
aware of this rule which was
recommended at a public meeting. Also,
a 10-day comment period was provided
for in the proposed rule, and no
comments were received.
List of Subjects in 7 CFR Part 959
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 959 is amended as
follows:
PART 959—ONIONS GROWN IN
SOUTH TEXAS
1. The authority citation for 7 CFR
part 959 continues to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
■
Authority: 7 U.S.C. 601–674.
2. Section 959.237 is revised to read
as follows:
■
§ 959.237
Assessment rate.
On and after August 1, 2012, an
assessment rate of $0.03 per 50-pound
VerDate Mar<15>2010
16:23 Apr 19, 2013
Jkt 229001
equivalent is established for South
Texas onions.
Dated: April 16, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–09381 Filed 4–19–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. Nos. AMS–FV–11–0088; FV12–985–1A
FIR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Revision of the Salable
Quantity and Allotment Percentage for
Class 1 (Scotch) and Class 3 (Native)
Spearmint Oil for the 2012–2013
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 1
(Scotch) and Class 3 (Native) spearmint
oil that handlers may purchase from, or
handle on behalf of, producers during
the 2012–2013 marketing year under the
Far West spearmint oil marketing order.
The interim rule increased the Scotch
spearmint oil salable quantity from
782,413 pounds to 2,622,115 pounds
and the allotment percentage from 38
percent to 128 percent. In addition, the
interim rule increased the Native
spearmint oil salable quantity from
1,162,473 pounds to 1,348,270 pounds
and the allotment percentage from 50
percent to 58 percent. This change is
expected to moderate extreme
fluctuations in the supply and price of
spearmint oil. Also, this change will
help maintain stability in the Far West
spearmint oil market.
DATES: Effective June 1, 2012, through
May 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Senior Marketing
Specialist, or Gary Olson, Regional
Director, Northwest Marketing Field
Office, Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or Email:
Barry.Broadbent@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may obtain
information on complying with this and
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
23673
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@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
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.
The handling of spearmint oil
produced in the Far West is regulated by
the order and is administered locally by
the Spearmint Oil Administrative
Committee (Committee). Under the
authority of the order, salable quantities
and allotment percentages were
established for both Scotch and Native
spearmint oil for the 2012–2013
marketing year. However, early in the
2012–2013 marketing year, it became
evident to the Committee and the
industry that demand for spearmint oil
was greater than previously projected
and an intra-seasonal increase in the
salable quantity and allotment
percentage for each class of oil was
warranted.
Therefore, this rule continues in effect
the action that increased the Scotch
spearmint oil salable quantity from
782,413 pounds to 2,622,115 pounds,
and allotment percentage from 38
percent to 128 percent. In addition, this
rule continues in effect the action that
increased the Native spearmint oil
salable quantity from 1,162,473 pounds
to 1,348,270 pounds, and allotment
percentage from 50 percent to 58
percent.
In an interim rule published in the
Federal Register on December 28, 2012,
and effective June 1, 2012, through May
31, 2013, (77 FR 76341, Doc. No. AMS–
FV–11–0088, FV12–985–1A IR),
§ 985.230 was amended to reflect the
aforementioned increases in the salable
quantities and allotment percentages for
Scotch and Native spearmint oil for the
2012–2013 marketing year.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22APR1.SGM
22APR1
23674
Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), 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.
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 eight spearmint oil handlers
subject to regulation under the order,
and approximately 32 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) 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 (13 CFR 121.201).
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
eight of the 32 Scotch spearmint oil
producers and 22 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 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 impact retail sales of such products.
Without volume control, producers
would not be limited in the production
and marketing of spearmint oil. Under
those conditions, the spearmint oil
market would likely fluctuate widely.
Periods of oversupply could result in
low producer prices and a large volume
of oil stored and carried over to future
crop years. Periods of undersupply
VerDate Mar<15>2010
16:23 Apr 19, 2013
Jkt 229001
could lead to excessive price spikes and
could drive end users to source
flavoring needs from other markets,
potentially causing long term economic
damage to the domestic spearmint oil
industry. The order’s volume control
provisions have been successfully
implemented in the domestic spearmint
oil industry since 1980 and provide
benefits for producers, handlers,
manufacturers, and consumers.
This rule continues in effect the
action that increased the quantity of
Scotch and Native spearmint oil that
handlers may purchase from, or handle
on behalf of, producers during the
2012–2013 marketing year, which ends
on May 31, 2013. The Scotch spearmint
oil salable quantity was increased from
782,413 pounds to 2,622,115 pounds
and the allotment percentage was
increased from 38 percent to 128
percent. Additionally, the Native
spearmint oil salable quantity was
increased from 1,162,473 pounds to
1,348,270 pounds and the allotment
percentage was increased from 50
percent to 58 percent.
The Committee reached its
recommendation to increase the salable
quantity and allotment percentage for
both Scotch and Native spearmint oil
after careful consideration of all
available information, believing that the
increased volume regulation levels it
recommended will achieve the
objectives sought. With the increase, the
industry will be able to satisfactorily
meet the current market demand for
both classes of spearmint oil. This rule
amends the salable quantities and
allotment percentages previously
established in § 985.231. Authority for
this action is provided in §§ 985.50,
985.51, and 985.52 of the order.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crop Marketing
Orders. No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
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
PO 00000
Frm 00004
Fmt 4700
Sfmt 9990
relevant Federal rules that duplicate,
overlap or conflict with this rule.
Further, the Committee’s meeting was
widely publicized throughout the Far
West spearmint oil industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the October 17,
2012, 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
February 26, 2013. 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-11-00880003.
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 (77 FR 76341, December 28,
2012) 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.
Accordingly, the interim rule that
amended 7 CFR part 985 and that was
published at 77 FR 76341 on December
28, 2012, is adopted as a final rule,
without change.
Dated: April 16, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–09377 Filed 4–19–13; 8:45 am]
BILLING CODE 3410–02–P
E:\FR\FM\22APR1.SGM
22APR1
]]>Agencies
[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Rules and Regulations]
[Pages 23673-23674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09377]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. Nos. AMS-FV-11-0088; FV12-985-1A FIR]
Marketing Order Regulating the Handling of Spearmint Oil Produced
in the Far West; Revision of the Salable Quantity and Allotment
Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for
the 2012-2013 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 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may
purchase from, or handle on behalf of, producers during the 2012-2013
marketing year under the Far West spearmint oil marketing order. The
interim rule increased the Scotch spearmint oil salable quantity from
782,413 pounds to 2,622,115 pounds and the allotment percentage from 38
percent to 128 percent. In addition, the interim rule increased the
Native spearmint oil salable quantity from 1,162,473 pounds to
1,348,270 pounds and the allotment percentage from 50 percent to 58
percent. This change is expected to moderate extreme fluctuations in
the supply and price of spearmint oil. Also, this change will help
maintain stability in the Far West spearmint oil market.
DATES: Effective June 1, 2012, through May 31, 2013.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing
Specialist, or Gary Olson, Regional Director, Northwest Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or
Email: 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 Jeffrey Smutny, Marketing Order and Agreement Division,
Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW.,
STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202) 720-8938, or Email: Jeffrey.Smutny@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.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
The handling of spearmint oil produced in the Far West is regulated
by the order and is administered locally by the Spearmint Oil
Administrative Committee (Committee). Under the authority of the order,
salable quantities and allotment percentages were established for both
Scotch and Native spearmint oil for the 2012-2013 marketing year.
However, early in the 2012-2013 marketing year, it became evident to
the Committee and the industry that demand for spearmint oil was
greater than previously projected and an intra-seasonal increase in the
salable quantity and allotment percentage for each class of oil was
warranted.
Therefore, this rule continues in effect the action that increased
the Scotch spearmint oil salable quantity from 782,413 pounds to
2,622,115 pounds, and allotment percentage from 38 percent to 128
percent. In addition, this rule continues in effect the action that
increased the Native spearmint oil salable quantity from 1,162,473
pounds to 1,348,270 pounds, and allotment percentage from 50 percent to
58 percent.
In an interim rule published in the Federal Register on December
28, 2012, and effective June 1, 2012, through May 31, 2013, (77 FR
76341, Doc. No. AMS-FV-11-0088, FV12-985-1A IR), Sec. 985.230 was
amended to reflect the aforementioned increases in the salable
quantities and allotment percentages for Scotch and Native spearmint
oil for the 2012-2013 marketing year.
[[Page 23674]]
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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.
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 eight spearmint oil handlers subject to regulation under
the order, and approximately 32 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) 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 (13 CFR 121.201).
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 eight of the 32 Scotch spearmint oil producers and 22 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 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 impact retail sales of such products. Without
volume control, producers would not be limited in the production and
marketing of spearmint oil. Under those conditions, the spearmint oil
market would likely fluctuate widely. Periods of oversupply could
result in low producer prices and a large volume of oil stored and
carried over to future crop years. Periods of undersupply could lead to
excessive price spikes and could drive end users to source flavoring
needs from other markets, potentially causing long term economic damage
to the domestic spearmint oil industry. The order's volume control
provisions have been successfully implemented in the domestic spearmint
oil industry since 1980 and provide benefits for producers, handlers,
manufacturers, and consumers.
This rule continues in effect the action that increased the
quantity of Scotch and Native spearmint oil that handlers may purchase
from, or handle on behalf of, producers during the 2012-2013 marketing
year, which ends on May 31, 2013. The Scotch spearmint oil salable
quantity was increased from 782,413 pounds to 2,622,115 pounds and the
allotment percentage was increased from 38 percent to 128 percent.
Additionally, the Native spearmint oil salable quantity was increased
from 1,162,473 pounds to 1,348,270 pounds and the allotment percentage
was increased from 50 percent to 58 percent.
The Committee reached its recommendation to increase the salable
quantity and allotment percentage for both Scotch and Native spearmint
oil after careful consideration of all available information, believing
that the increased volume regulation levels it recommended will achieve
the objectives sought. With the increase, the industry will be able to
satisfactorily meet the current market demand for both classes of
spearmint oil. This rule amends the salable quantities and allotment
percentages previously established in Sec. 985.231. Authority for this
action is provided in Sec. Sec. 985.50, 985.51, and 985.52 of the
order.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, Vegetable and Specialty Crop Marketing
Orders. No changes in those requirements as a result of this action are
necessary. Should any changes become necessary, they would be submitted
to OMB for approval.
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 Far West spearmint oil industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations. Like all Committee meetings, the October 17, 2012,
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 February 26, 2013. 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-11-0088-0003.
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 (77 FR 76341, December 28, 2012) 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.
Accordingly, the interim rule that amended 7 CFR part 985 and that
was published at 77 FR 76341 on December 28, 2012, is adopted as a
final rule, without change.
Dated: April 16, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09377 Filed 4-19-13; 8:45 am]
BILLING CODE 3410-02-P
