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 2018-2019 Marketing Year, 50527-50531 [2018-21844]
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50527
Proposed Rules
Federal Register
Vol. 83, No. 195
Tuesday, October 9, 2018
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 56, 62, and 70
[Docket No. AMS–LPS–15–0057]
Amendments to Quality Systems
Verification Programs and Conforming
Changes; Withdrawal
Agricultural Marketing Service,
USDA.
ACTION: Notice of withdrawal.
AGENCY:
This action informs the public
that the Agricultural Marketing Service
(AMS) is withdrawing a proposed rule
published in the Federal Register on
November 7, 2016, that proposed to
amend Quality Systems Verification
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all commodities covered by the
Agricultural Marketing Act of 1946
(Act), as amended. Accordingly, a
proposed rule covering all audit-based
services is forthcoming from the agency.
DATES: The proposed rule published
November 7, 2016, at 81 FR 78057, is
withdrawn as of October 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Waite, Branch Chief, Auditing
Services Branch, Quality Assessment
Division; Livestock and Poultry
Program, Agricultural Marketing
Service, U.S. Department of Agriculture;
Room 3932–S, STOP 0258, 1400
Independence Avenue SW, Washington,
DC 20250–0258; telephone (202) 720–
4411; or email to Jeffrey.Waite@
ams.usda.gov.
SUPPLEMENTARY INFORMATION: The Act
directs and authorizes the Secretary of
Agriculture to facilitate the competitive
and efficient marketing of agricultural
products and provides that rulemaking
be undertaken as necessary to effectuate
its purpose. Under the authority of the
Act, AMS programs support a strategic
marketing perspective that adapts
product and marketing decisions to
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SUMMARY:
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consumer demands, changing domestic
and international marketing practices,
and new technology. To assist in
marketing, AMS developed the QSVP, a
suite of audit-based programs that can
provide confidence that process points
meet specified requirements.
This action informs the public of the
withdrawal of the proposed rule
published in the Federal Register (81
FR 78057) on November 7, 2016. The
proposed rule would have amended 7
CFR part 62, QSVP to expand the
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those authorized under the Act; would
have amended the title of the regulation
to remove the reference to ‘‘Livestock,
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the proposed rule would have amended
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60-day public comment period during
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Upon further review, AMS decided to
clarify that all voluntary, user-fee
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applicable to all commodities covered
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harmonize administrative procedures
governing these services. A new
proposed rule to amend 7 CFR part 62
to that effect is forthcoming from the
agency. Therefore, for the reasons set
forth above, AMS announces that it is
withdrawing the proposed rule
published in the Federal Register (81
FR 78057) on November 7, 2016.
Dated: October 3, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–21843 Filed 10–5–18; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS–SC–17–0073; SC18–985–1A
PR]
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
2018–2019 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
implement a recommendation from the
Far West Spearmint Oil Administrative
Committee (Committee) to increase the
quantity of Class 3 (Native) spearmint
oil that handlers may purchase from, or
handle on behalf of, producers during
the 2018–2019 marketing year. The
Committee recommended this action to
avoid extreme fluctuations in supplies
and prices and to help maintain stability
in the Far West spearmint oil market.
DATES: Comments must be received by
December 10, 2018.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule.
Comments must be sent to the Docket
Clerk, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
internet: https://www.regulations.gov. All
comments should reference the
document 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.regulations.gov. All comments
submitted in response to this rule will
be included in the record and will be
made available to the public. Please be
advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Senior Marketing
Specialist, or Gary D. Olson, Regional
Director, Northwest Marketing Field
SUMMARY:
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Office, Marketing Order and Agreement
Division, Specialty Crops 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 request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or email:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed
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). Part 985 (referred to
as ‘‘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
Committee locally administers the
Order and is comprised of spearmint oil
producers operating within the area of
production, and a public member.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review.
Additionally, because this proposed
rule does not meet the definition of a
significant regulatory action, it does not
trigger the requirements contained in
Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2018, titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2018).
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under the provisions of
the Order now in effect, salable
quantities and allotment percentages
may be established for classes of
spearmint oil produced in the Far West.
This proposed rule would increase the
quantity of Native spearmint oil
produced in the Far West that handlers
may purchase from, or handle on behalf
of, producers during the 2018–2019
marketing year, which ends on May 31,
2019.
The Act provides that administrative
proceedings must be exhausted before
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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.
This proposal invites comments on a
revision to the quantity of Native
spearmint oil that handlers may
purchase from, or handle on behalf of,
producers during the 2018–2019
marketing year. The salable quantity
and allotment percentage for Native
spearmint oil for the 2018–19 marketing
year was established at 1,307,947
pounds and 53 percent, respectively, in
a final rule published in the Federal
Register on July 24, 2018 (83 FR 34935).
This proposed rule would increase the
Native spearmint oil salable quantity
from 1,307,947 pounds to 1,357,315
pounds and the allotment percentage
from 53 percent to 55 percent.
Under the volume regulation
provisions of the Order, the Committee
meets each year to adopt a marketing
policy for the ensuing year. When the
Committee’s marketing policy
considerations indicate a need to limit
the quantity of spearmint oil available to
the market to establish or maintain
orderly marketing conditions, the
Committee submits a recommendation
to the Secretary of Agriculture for
volume regulation.
Volume regulation under the Order is
effectuated through the establishment of
a salable quantity and allotment
percentage applicable to each class of
spearmint oil handled in the production
area during a marketing year. The
salable quantity is the total quantity of
each class of oil that handlers may
purchase from, or handle on behalf of,
producers during a given marketing
year. The allotment percentage for each
class of oil is derived by dividing the
salable quantity by the total industry
allotment base for that same class of oil.
The total industry allotment base is the
aggregate of all allotment base held
individually by producers. Producer
allotment base is the quantity of each
class of spearmint oil that the
Committee has determined is
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representative of a producer’s spearmint
oil production. Each producer is allotted
a pro rata share of the total salable
quantity of each class of spearmint oil
each marketing year. Each producer’s
annual allotment is determined by
applying the allotment percentage to the
producer’s individual allotment base for
each applicable class of spearmint oil.
The full Committee met on October
25, 2017, to consider its marketing
policy for the 2018–2019 marketing
year. At that meeting, the Committee
determined that marketing conditions
indicated a need for volume regulation
of both classes of spearmint oil (Scotch
and Native) for the 2018–2019
marketing year. The Committee
recommended salable quantities of
760,660 pounds and 1,307,947 pounds,
and allotment percentages of 35 percent
and 53 percent, respectively, for Scotch
and Native spearmint oil. A proposed
rule to that effect was published in the
Federal Register on April 6, 2018 (83 FR
14766). Comments on the proposed rule
were solicited from interested persons
until June 5, 2018. No comments were
received. Subsequently, a final rule
establishing the salable quantities and
allotment percentages for Scotch and
Native spearmint oil for the 2018–2019
marketing year was published in the
Federal Register on July 24, 2018 (83 FR
34935).
Pursuant to authority contained in
§§ 985.50, 985.51, and 985.52, the full
eight-member Committee met again on
July 18, 2018, to evaluate the current
year’s volume control regulation. At the
meeting, the Committee assessed the
current market conditions for spearmint
oil in relation to the salable quantities
and allotment percentages established
for the 2018–2019 marketing year. The
Committee considered a number of
factors, including the current and
projected supply and the estimated
future demand for all classes of
spearmint oil. The Committee
determined that the established salable
quantity and allotment percentage in
effect for Native spearmint oil for the
2018–2019 marketing year should be
increased to accommodate a rise in
market demand for that class of
spearmint oil.
At the July 18, 2018, meeting, the
Committee recommended increasing the
2018–2019 marketing year Native
spearmint oil salable quantity from
1,307,947 pounds to 1,357,315 pounds
and the allotment percentage from 53
percent to 55 percent. The vote to
recommend to the Secretary to increase
the salable quantity and allotment
percentage passed unanimously.
This proposal would make additional
amounts of Native spearmint oil
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available to the market by increasing the
salable quantity and allotment
percentage previously established under
the Order for the 2018–2019 marketing
year. This proposed rule would increase
the Native spearmint oil salable quantity
by 49,368 pounds, to 1,357,315 pounds,
and would raise the allotment
percentage 2 percentage points, to 55
percent. The additional oil could come
from 2018–2019 marketing year
production or from releasing Native
spearmint oil held by producers in the
reserve pool. As of May 31, 2018, the
Committee records show that the
reserve pool for Native spearmint oil
contained 1,020,583 pounds of oil, an
amount it considers excessive relative to
market conditions.
At the July 18, 2018, meeting, the
Committee staff reported that estimated
demand for Native spearmint oil for the
2018–2019 marketing year is greater
than previously anticipated. The
Committee initially estimated the trade
demand for Native spearmint oil for the
2018–2019 marketing year to be
1,306,625. At the July 2018 meeting, the
Committee revised the expected trade
demand for the 2018–2019 marketing
year from 1,306,625 pounds to
1,400,000 pounds. If realized, trade
demand would be 43,991 pounds above
the quantity of Native spearmint oil
available under the volume control
levels now in effect (the Committee
estimates 1,356,009 pounds currently
available minus the 1,400,000 pounds
estimated trade demand, equals a deficit
of 43,991 pounds). Without increasing
the salable quantity and allotment
percentage, the market for Native
spearmint oil may be shorted. The
increased quantity of Native spearmint
oil (49,368 pounds) that would be made
available to the market as a result of this
rulemaking would ensure that market
demand is fully satisfied in the current
year and that there would be
approximately 5,377 pounds of Native
spearmint oil salable inventory available
to carry-over for the start of the 2019–
2020 marketing year, which begins on
June 1, 2019.
In making the recommendation to
increase the salable quantity and
allotment percentage of Native
spearmint oil, the Committee
considered all currently available
information on the price, supply, and
demand of Native spearmint oil. The
Committee also considered reports and
other information from handlers and
producers in attendance at the meeting.
This proposal would increase the
2018–2019 marketing year Native
spearmint oil salable quantity by 49,368
pounds to a total of 1,357,315 pounds.
Actual sales of Native spearmint oil for
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the 2017–2018 marketing year totaled
1,565,515 pounds. The 5-year average of
Native spearmint oil sales is 1,365,377
pounds.
The Committee estimates that this
action would result in 5,377 pounds of
salable Native spearmint oil being
carried into the 2019–2020 marketing
year which begins June 1, 2019. While
5,377 pounds is a relatively low
quantity of salable Native spearmint oil
to begin the marketing year, reserve pool
oil could be released into the market
under a future relaxation of the volume
regulation should it be necessary to
adequately supply the market prior to
the beginning of the 2019–2020
marketing year. The Committee
estimates that a total of 1,082,257
pounds of Native spearmint oil
(1,020,583 currently in reserve and an
estimated 61,674 pounds of excess oil
produced during the 2018–2019
marketing year) would be available from
the reserve pool, if needed.
As mentioned previously, when the
2018–2019 marketing policy statement
was drafted, handlers estimated the
demand for Native spearmint oil for the
2018–2019 marketing year to be
1,306,625 pounds. The Committee’s
initial recommendation for the
establishment of the Native spearmint
oil salable quantity and allotment
percentage for the 2018–2019 marketing
year was based on that estimate. The
Committee did not anticipate the level
of demand that the Native spearmint oil
market is currently experiencing and
did not account for it when the
marketing policy for the 2018–19
marketing year was adopted.
At the July 18, 2018, meeting, the
Committee revised its estimate of the
current trade demand to 1,400,000
pounds. The Committee now believes
that the supply of Native spearmint oil
available to the market under the
established salable quantity and
allotment percentage would be
insufficient to satisfy the current level of
demand for oil at reasonable price
levels. The Committee further believes
that the increase in the salable quantity
and allotment percentage proposed in
this action is vital to ensuring an
adequate supply of Native spearmint oil
is available to the market moving
forward.
The Committee’s stated intent in the
use of the Order’s volume control
regulation is to keep adequate supplies
available to meet market needs and to
maintain orderly marketing conditions.
With that in mind, the Committee
developed its recommendation for
increasing the Native spearmint oil
salable quantity and allotment
percentage for the 2018–2019 marketing
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50529
year based on the information discussed
above, as well as the summary data
outlined below.
(A) Initial estimated 2018–2019
Native allotment base—2,467,825
pounds. This is the allotment base
estimate upon which the original 2018–
2019 salable quantity and allotment
percentage was based.
(B) Revised 2018–2019 Native
allotment base—2,467,845 pounds. This
is 20 pounds more than the initial
estimated allotment base of 2,467,825
pounds. The difference is the result of
annual adjustments made to the
allotment base at the beginning of the
marketing year in accordance with the
provisions of the Order.
(C) Initial 2018–2019 Native allotment
percentage—53 percent. This was
unanimously recommended by the
Committee on October 25, 2017.
(D) Initial 2018–2019 Native salable
quantity—1,307,947 pounds. This figure
is 53 percent of the original estimated
2018–2019 allotment base of 2,467,825
pounds.
(E) Adjusted initial 2018–2019 Native
salable quantity—1,307,958 pounds.
This figure reflects the salable quantity
actually available at the beginning of the
2018–2019 marketing year. This
quantity is derived by applying the
initial 53 percent allotment percentage
to the revised allotment base of
2,467,845.
(F) Proposed revision to the 2018–
2019 Native salable quantity and
allotment percentage:
(1) Proposed increase in the Native
allotment percentage—2 percent. The
Committee recommended an increase of
2 percentage points over the initial
Native allotment percentage.
(2) Proposed revised 2018–2019
Native allotment percentage—55
percent. This number was derived by
adding the increase of 2 percentage
points to the initially established 2018–
2019 allotment percentage of 53 percent.
(3) Proposed revised 2018–2019
Native salable quantity—1,357,315
pounds. This amount is 55 percent of
the revised 2018–2019 allotment base of
2,467,845 pounds.
(4) Computed increase in the 2018–
2019 Native salable quantity as a result
of the proposed revision—49,368
pounds. This figure represents the
difference between the current salable
quantity of 1,307,947 pounds and the
proposed salable quantity of 1,357,315
pounds.
Scotch spearmint oil is also regulated
by the Order. As mentioned previously,
a salable quantity and allotment
percentage for Scotch spearmint oil for
the 2018–19 marketing year was
established in a final rule published in
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the Federal Register on July 24, 2018
(83 FR 34935). At the July 18, 2018,
meeting, the Committee considered the
projected production, inventory, and
marketing conditions for Scotch
spearmint oil for the 2018–2019
marketing year. After receiving reports
from the Committee staff and comments
from the industry, the consensus of the
Committee was that the established
salable quantity and allotment
percentage for Scotch spearmint oil was
appropriate for the current market
conditions. Therefore, the Committee
took no further action with regard to
Scotch spearmint oil for the 2018–2019
marketing year.
This proposed rule would relax the
regulation of Native spearmint oil and
would allow producers to meet market
demand while improving producer
returns. In conjunction with the
issuance of this proposed rule, the
Committee’s revised marketing policy
statement for the 2018–2019 marketing
year has been reviewed by USDA.
The proposed increase in the Native
spearmint oil salable quantity and
allotment percentage would account for
the anticipated market needs for that
class of oil. In determining anticipated
market needs, the Committee
considered changes and trends in
historical sales, production, and
demand.
Initial 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 initial regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses 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 43 producers of
Scotch spearmint oil and approximately
95 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 $7,500,000, and small
agricultural producers are defined as
those having annual receipts of less than
$750,000 (13 CFR 121.201).
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Based on the SBA’s definition of
small entities, the Committee estimates
that only 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 12 of the 43 Scotch spearmint oil
producers and 31 of the 95 Native
spearmint oil producers could be
classified as small entities under the
SBA definition. Thus, the 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 spearmint oil industry to
fully supply spearmint oil markets
while avoiding the negative
consequences of over-supplying these
markets. Without volume control
regulation, the supply and price of
spearmint oil 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 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 proposed rule would increase
the quantity of Native spearmint oil that
handlers may purchase from, or handle
on behalf of, producers during the
2018–2019 marketing year, which ends
May 31, 2019. The 2018–2019 marketing
year Native spearmint oil salable
quantity was initially established at
1,307,947 pounds and the allotment
percentage initially set at 53 percent.
This proposed rule would increase the
Native spearmint oil salable quantity to
1,357,315 pounds and the allotment
percentage to 55 percent.
Based on the information and
projections available at the July 18,
2018, meeting, the Committee
considered several alternatives to this
increase. The Committee considered
leaving the salable quantity and
allotment percentage unchanged and
also considered other potential levels of
increase. 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 input from all
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interested industry participants because
it believes that the levels recommended
would achieve the desired objectives.
Without the increase, the Committee
believes the industry would not be able
to satisfactorily meet market demand.
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 OMB and
assigned OMB No. 0581–0178, Specialty
Crops. No changes are necessary in
those requirements as a result of this
action. Should any changes become
necessary, they would be submitted to
OMB for approval.
This proposed rule would relax the
volume regulation requirements
established under the Order for the
2018–19 marketing year. Accordingly,
this action would 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 complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
In addition, the Committee’s July 18,
2018, 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
on all issues. The meeting was public,
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
information collection 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/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 60-day comment period is provided
to allow interested persons to respond
to this proposal. All written comments
timely received will be considered
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before a final determination is made on
this matter.
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 proposed to
be amended as follows:
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
1. The authority citation for part 985
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. In § 985.233, revise the section
heading and paragraph (b) to read as
follows:
■
§ 985.233 Salable quantities and allotment
percentages—2018–2019 marketing year.
*
*
*
*
*
(b) Class 3 (Native) oil—a salable
quantity of 1,357,315 pounds and an
allotment percentage of 55 percent.
Dated: October 3, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–21844 Filed 10–5–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 986
[Doc. No. AMS–SC–18–0019; SC18–986–1
PR]
Pecans Grown in the States of
Alabama, Arkansas, Arizona,
California, Florida, Georgia, Kansas,
Louisiana, Missouri, Mississippi, North
Carolina, New Mexico, Oklahoma,
South Carolina, and Texas; Revision of
Reporting Requirements
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule invites
comments on a proposal to revise the
reporting requirements under the
Federal marketing order for pecans. The
revised reporting requirements would
enable the American Pecan Council
(Council) to collect information from
handlers on the average handler price
paid and the average shelled pecan
yield. The Council would use this
information to provide important
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:49 Oct 05, 2018
Jkt 247001
statistical reports to the industry and
meet requirements under the marketing
order.
DATES: Comments must be received by
November 8, 2018.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
internet: https://www.regulations.gov. All
comments should reference the
document 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.regulations.gov. All comments
submitted in response to this proposal
will be included in the record and will
be made available to the public. Please
be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Regional
Director, Southeast Marketing Field
Office, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 291–8614, or email:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202)720–8938, or email:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposed rule, pursuant to 5 U.S.C. 553,
would amend regulations issued to
carry out a marketing order as defined
in 7 CFR 900.2(j). This proposed rule is
issued under Marketing Agreement and
Order No. 986, (7 CFR part 986),
regulating the handling of pecans grown
in the states of Alabama, Arkansas,
Arizona, California, Florida, Georgia,
Kansas, Louisiana, Missouri,
Mississippi, North Carolina, New
Mexico, Oklahoma, South Carolina, and
Texas. Part 986 (referred to as 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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
50531
Council locally administers the Order
and is comprised of growers and
handlers of pecans operating within the
production area, and one accumulator
and one public member.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) has exempted from
Executive Order 12866 review.
Additionally, because this rule does not
meet the definition of a significant
regulatory action it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
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.
This proposed rule would revise the
reporting requirements under the Order.
If approved, this action would require
all pecan handlers to report to the
Council the average handler price paid
and average shelled pecan yield as part
of its existing year-end report. This
information would be used by the
Council to provide statistical reports to
the industry and meet requirements
under the Order. This proposal was
unanimously recommended by the
Council at its January 24, 2018, meeting
and affirmed at its April 17, 2018
meeting.
Section 986.76 provides the authority
to collect reports on the quantity of
pecans handled and other pertinent
information as specified by the Council.
Section 986.78 provides, with the
E:\FR\FM\09OCP1.SGM
09OCP1
]]>Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50527-50531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21844]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS-SC-17-0073; SC18-985-1A PR]
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 2018-2019
Marketing Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a recommendation from the
Far West Spearmint Oil Administrative Committee (Committee) to increase
the quantity of Class 3 (Native) spearmint oil that handlers may
purchase from, or handle on behalf of, producers during the 2018-2019
marketing year. The Committee recommended this action to avoid extreme
fluctuations in supplies and prices and to help maintain stability in
the Far West spearmint oil market.
DATES: Comments must be received by December 10, 2018.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be sent to the Docket
Clerk, Marketing Order and Agreement Division, Specialty Crops Program,
AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or internet: https://www.regulations.gov. All comments should reference the document 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.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing
Specialist, or Gary D. Olson, Regional Director, Northwest Marketing
Field
[[Page 50528]]
Office, Marketing Order and Agreement Division, Specialty Crops
Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or
email: [email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or email: [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations issued to carry out a marketing
order as defined in 7 CFR 900.2(j). This proposed 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). Part 985 (referred to
as ``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 Committee locally administers the Order
and is comprised of spearmint oil producers operating within the area
of production, and a public member.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 13563 and 13175. This action falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) exempted from Executive Order 12866 review.
Additionally, because this proposed rule does not meet the
definition of a significant regulatory action, it does not trigger the
requirements contained in Executive Order 13771. See OMB's Memorandum
titled ``Interim Guidance Implementing Section 2 of the Executive Order
of January 30, 2018, titled `Reducing Regulation and Controlling
Regulatory Costs' '' (February 2, 2018).
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the provisions of the Order now in effect,
salable quantities and allotment percentages may be established for
classes of spearmint oil produced in the Far West. This proposed rule
would increase the quantity of Native spearmint oil produced in the Far
West that handlers may purchase from, or handle on behalf of, producers
during the 2018-2019 marketing year, which ends on May 31, 2019.
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.
This proposal invites comments on a revision to the quantity of
Native spearmint oil that handlers may purchase from, or handle on
behalf of, producers during the 2018-2019 marketing year. The salable
quantity and allotment percentage for Native spearmint oil for the
2018-19 marketing year was established at 1,307,947 pounds and 53
percent, respectively, in a final rule published in the Federal
Register on July 24, 2018 (83 FR 34935). This proposed rule would
increase the Native spearmint oil salable quantity from 1,307,947
pounds to 1,357,315 pounds and the allotment percentage from 53 percent
to 55 percent.
Under the volume regulation provisions of the Order, the Committee
meets each year to adopt a marketing policy for the ensuing year. When
the Committee's marketing policy considerations indicate a need to
limit the quantity of spearmint oil available to the market to
establish or maintain orderly marketing conditions, the Committee
submits a recommendation to the Secretary of Agriculture for volume
regulation.
Volume regulation under the Order is effectuated through the
establishment of a salable quantity and allotment percentage applicable
to each class of spearmint oil handled in the production area during a
marketing year. The salable quantity is the total quantity of each
class of oil that handlers may purchase from, or handle on behalf of,
producers during a given marketing year. The allotment percentage for
each class of oil is derived by dividing the salable quantity by the
total industry allotment base for that same class of oil. The total
industry allotment base is the aggregate of all allotment base held
individually by producers. Producer allotment base is the quantity of
each class of spearmint oil that the Committee has determined is
representative of a producer's spearmint oil production. Each producer
is allotted a pro rata share of the total salable quantity of each
class of spearmint oil each marketing year. Each producer's annual
allotment is determined by applying the allotment percentage to the
producer's individual allotment base for each applicable class of
spearmint oil.
The full Committee met on October 25, 2017, to consider its
marketing policy for the 2018-2019 marketing year. At that meeting, the
Committee determined that marketing conditions indicated a need for
volume regulation of both classes of spearmint oil (Scotch and Native)
for the 2018-2019 marketing year. The Committee recommended salable
quantities of 760,660 pounds and 1,307,947 pounds, and allotment
percentages of 35 percent and 53 percent, respectively, for Scotch and
Native spearmint oil. A proposed rule to that effect was published in
the Federal Register on April 6, 2018 (83 FR 14766). Comments on the
proposed rule were solicited from interested persons until June 5,
2018. No comments were received. Subsequently, a final rule
establishing the salable quantities and allotment percentages for
Scotch and Native spearmint oil for the 2018-2019 marketing year was
published in the Federal Register on July 24, 2018 (83 FR 34935).
Pursuant to authority contained in Sec. Sec. 985.50, 985.51, and
985.52, the full eight-member Committee met again on July 18, 2018, to
evaluate the current year's volume control regulation. At the meeting,
the Committee assessed the current market conditions for spearmint oil
in relation to the salable quantities and allotment percentages
established for the 2018-2019 marketing year. The Committee considered
a number of factors, including the current and projected supply and the
estimated future demand for all classes of spearmint oil. The Committee
determined that the established salable quantity and allotment
percentage in effect for Native spearmint oil for the 2018-2019
marketing year should be increased to accommodate a rise in market
demand for that class of spearmint oil.
At the July 18, 2018, meeting, the Committee recommended increasing
the 2018-2019 marketing year Native spearmint oil salable quantity from
1,307,947 pounds to 1,357,315 pounds and the allotment percentage from
53 percent to 55 percent. The vote to recommend to the Secretary to
increase the salable quantity and allotment percentage passed
unanimously.
This proposal would make additional amounts of Native spearmint oil
[[Page 50529]]
available to the market by increasing the salable quantity and
allotment percentage previously established under the Order for the
2018-2019 marketing year. This proposed rule would increase the Native
spearmint oil salable quantity by 49,368 pounds, to 1,357,315 pounds,
and would raise the allotment percentage 2 percentage points, to 55
percent. The additional oil could come from 2018-2019 marketing year
production or from releasing Native spearmint oil held by producers in
the reserve pool. As of May 31, 2018, the Committee records show that
the reserve pool for Native spearmint oil contained 1,020,583 pounds of
oil, an amount it considers excessive relative to market conditions.
At the July 18, 2018, meeting, the Committee staff reported that
estimated demand for Native spearmint oil for the 2018-2019 marketing
year is greater than previously anticipated. The Committee initially
estimated the trade demand for Native spearmint oil for the 2018-2019
marketing year to be 1,306,625. At the July 2018 meeting, the Committee
revised the expected trade demand for the 2018-2019 marketing year from
1,306,625 pounds to 1,400,000 pounds. If realized, trade demand would
be 43,991 pounds above the quantity of Native spearmint oil available
under the volume control levels now in effect (the Committee estimates
1,356,009 pounds currently available minus the 1,400,000 pounds
estimated trade demand, equals a deficit of 43,991 pounds). Without
increasing the salable quantity and allotment percentage, the market
for Native spearmint oil may be shorted. The increased quantity of
Native spearmint oil (49,368 pounds) that would be made available to
the market as a result of this rulemaking would ensure that market
demand is fully satisfied in the current year and that there would be
approximately 5,377 pounds of Native spearmint oil salable inventory
available to carry-over for the start of the 2019-2020 marketing year,
which begins on June 1, 2019.
In making the recommendation to increase the salable quantity and
allotment percentage of Native spearmint oil, the Committee considered
all currently available information on the price, supply, and demand of
Native spearmint oil. The Committee also considered reports and other
information from handlers and producers in attendance at the meeting.
This proposal would increase the 2018-2019 marketing year Native
spearmint oil salable quantity by 49,368 pounds to a total of 1,357,315
pounds. Actual sales of Native spearmint oil for the 2017-2018
marketing year totaled 1,565,515 pounds. The 5-year average of Native
spearmint oil sales is 1,365,377 pounds.
The Committee estimates that this action would result in 5,377
pounds of salable Native spearmint oil being carried into the 2019-2020
marketing year which begins June 1, 2019. While 5,377 pounds is a
relatively low quantity of salable Native spearmint oil to begin the
marketing year, reserve pool oil could be released into the market
under a future relaxation of the volume regulation should it be
necessary to adequately supply the market prior to the beginning of the
2019-2020 marketing year. The Committee estimates that a total of
1,082,257 pounds of Native spearmint oil (1,020,583 currently in
reserve and an estimated 61,674 pounds of excess oil produced during
the 2018-2019 marketing year) would be available from the reserve pool,
if needed.
As mentioned previously, when the 2018-2019 marketing policy
statement was drafted, handlers estimated the demand for Native
spearmint oil for the 2018-2019 marketing year to be 1,306,625 pounds.
The Committee's initial recommendation for the establishment of the
Native spearmint oil salable quantity and allotment percentage for the
2018-2019 marketing year was based on that estimate. The Committee did
not anticipate the level of demand that the Native spearmint oil market
is currently experiencing and did not account for it when the marketing
policy for the 2018-19 marketing year was adopted.
At the July 18, 2018, meeting, the Committee revised its estimate
of the current trade demand to 1,400,000 pounds. The Committee now
believes that the supply of Native spearmint oil available to the
market under the established salable quantity and allotment percentage
would be insufficient to satisfy the current level of demand for oil at
reasonable price levels. The Committee further believes that the
increase in the salable quantity and allotment percentage proposed in
this action is vital to ensuring an adequate supply of Native spearmint
oil is available to the market moving forward.
The Committee's stated intent in the use of the Order's volume
control regulation is to keep adequate supplies available to meet
market needs and to maintain orderly marketing conditions. With that in
mind, the Committee developed its recommendation for increasing the
Native spearmint oil salable quantity and allotment percentage for the
2018-2019 marketing year based on the information discussed above, as
well as the summary data outlined below.
(A) Initial estimated 2018-2019 Native allotment base--2,467,825
pounds. This is the allotment base estimate upon which the original
2018-2019 salable quantity and allotment percentage was based.
(B) Revised 2018-2019 Native allotment base--2,467,845 pounds. This
is 20 pounds more than the initial estimated allotment base of
2,467,825 pounds. The difference is the result of annual adjustments
made to the allotment base at the beginning of the marketing year in
accordance with the provisions of the Order.
(C) Initial 2018-2019 Native allotment percentage--53 percent. This
was unanimously recommended by the Committee on October 25, 2017.
(D) Initial 2018-2019 Native salable quantity--1,307,947 pounds.
This figure is 53 percent of the original estimated 2018-2019 allotment
base of 2,467,825 pounds.
(E) Adjusted initial 2018-2019 Native salable quantity--1,307,958
pounds. This figure reflects the salable quantity actually available at
the beginning of the 2018-2019 marketing year. This quantity is derived
by applying the initial 53 percent allotment percentage to the revised
allotment base of 2,467,845.
(F) Proposed revision to the 2018-2019 Native salable quantity and
allotment percentage:
(1) Proposed increase in the Native allotment percentage--2
percent. The Committee recommended an increase of 2 percentage points
over the initial Native allotment percentage.
(2) Proposed revised 2018-2019 Native allotment percentage--55
percent. This number was derived by adding the increase of 2 percentage
points to the initially established 2018-2019 allotment percentage of
53 percent.
(3) Proposed revised 2018-2019 Native salable quantity--1,357,315
pounds. This amount is 55 percent of the revised 2018-2019 allotment
base of 2,467,845 pounds.
(4) Computed increase in the 2018-2019 Native salable quantity as a
result of the proposed revision--49,368 pounds. This figure represents
the difference between the current salable quantity of 1,307,947 pounds
and the proposed salable quantity of 1,357,315 pounds.
Scotch spearmint oil is also regulated by the Order. As mentioned
previously, a salable quantity and allotment percentage for Scotch
spearmint oil for the 2018-19 marketing year was established in a final
rule published in
[[Page 50530]]
the Federal Register on July 24, 2018 (83 FR 34935). At the July 18,
2018, meeting, the Committee considered the projected production,
inventory, and marketing conditions for Scotch spearmint oil for the
2018-2019 marketing year. After receiving reports from the Committee
staff and comments from the industry, the consensus of the Committee
was that the established salable quantity and allotment percentage for
Scotch spearmint oil was appropriate for the current market conditions.
Therefore, the Committee took no further action with regard to Scotch
spearmint oil for the 2018-2019 marketing year.
This proposed rule would relax the regulation of Native spearmint
oil and would allow producers to meet market demand while improving
producer returns. In conjunction with the issuance of this proposed
rule, the Committee's revised marketing policy statement for the 2018-
2019 marketing year has been reviewed by USDA.
The proposed increase in the Native spearmint oil salable quantity
and allotment percentage would account for the anticipated market needs
for that class of oil. In determining anticipated market needs, the
Committee considered changes and trends in historical sales,
production, and demand.
Initial 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 initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses 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 43 producers of Scotch spearmint oil and
approximately 95 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 $7,500,000, 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 only 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 12 of the 43 Scotch spearmint oil producers and 31 of
the 95 Native spearmint oil producers could be classified as small
entities under the SBA definition. Thus, the 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 spearmint oil
industry to fully supply spearmint oil markets while avoiding the
negative consequences of over-supplying these markets. Without volume
control regulation, the supply and price of spearmint oil 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
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 proposed rule would increase the quantity of Native spearmint
oil that handlers may purchase from, or handle on behalf of, producers
during the 2018-2019 marketing year, which ends May 31, 2019. The 2018-
2019 marketing year Native spearmint oil salable quantity was initially
established at 1,307,947 pounds and the allotment percentage initially
set at 53 percent. This proposed rule would increase the Native
spearmint oil salable quantity to 1,357,315 pounds and the allotment
percentage to 55 percent.
Based on the information and projections available at the July 18,
2018, meeting, the Committee considered several alternatives to this
increase. The Committee considered leaving the salable quantity and
allotment percentage unchanged and also considered other potential
levels of increase. 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 input from all interested industry participants because it believes
that the levels recommended would achieve the desired objectives.
Without the increase, the Committee believes the industry would not be
able to satisfactorily meet market demand.
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 OMB and assigned OMB No. 0581-0178, Specialty
Crops. No changes are necessary in those requirements as a result of
this action. Should any changes become necessary, they would be
submitted to OMB for approval.
This proposed rule would relax the volume regulation requirements
established under the Order for the 2018-19 marketing year.
Accordingly, this action would 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 complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this action.
In addition, the Committee's July 18, 2018, 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 on all issues. The meeting was public, and
all entities, both large and small, were able to express views on this
issue. Finally, interested persons are invited to submit comments on
this proposed rule, including the regulatory and information collection
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/rules-regulations/moa/small-businesses. Any questions
about the compliance guide should be sent to Richard Lower at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered
[[Page 50531]]
before a final determination is made on this matter.
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
proposed to be amended as follows:
PART 985--MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL
PRODUCED IN THE FAR WEST
0
1. The authority citation for part 985 continues to read as follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 985.233, revise the section heading and paragraph (b) to
read as follows:
Sec. 985.233 Salable quantities and allotment percentages--2018-2019
marketing year.
* * * * *
(b) Class 3 (Native) oil--a salable quantity of 1,357,315 pounds
and an allotment percentage of 55 percent.
Dated: October 3, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-21844 Filed 10-5-18; 8:45 am]
BILLING CODE 3410-02-P
