Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2020-2021 Marketing Year, 35545-35550 [2020-10945]
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35545
Rules and Regulations
Federal Register
Vol. 85, No. 113
Thursday, June 11, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS–SC–19–0096; SC20–985–1
FR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Salable Quantities and
Allotment Percentages for the 2020–
2021 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule implements a
recommendation from the Far West
Spearmint Oil Administrative
Committee (Committee) to establish
salable quantities and allotment
percentages of Class 1 (Scotch) and
Class 3 (Native) spearmint oil produced
in Washington, Idaho, Oregon, and
designated parts of Nevada and Utah
(the Far West) for the 2020–2021
marketing year.
DATES: Effective July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist,
or Gary Olson, Regional Director,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or Email:
Barry.Broadbent@usda.gov or
GaryD.Olson@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@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
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SUMMARY:
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amends regulations issued to carry out
a marketing order as defined in 7 CFR
900.2(j). This rule is issued under
Marketing Order No. 985, as amended (7
CFR part 985), regulating the handling
of spearmint oil produced in the Far
West. 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 final 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 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 final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect. The Order
now in effect states that salable
quantities and producer allotment
percentages may be established for
classes of spearmint oil produced in the
Far West. This final rule establishes
quantities and percentages for Class 1
(Scotch) and Class 3 (Native) spearmint
oil for the 2020–2021 marketing year,
which begins on June 1, 2020.
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. Such 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
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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.
Pursuant to §§ 985.50, 985.51, and
985.52, the Order requires the
Committee to meet each year to consider
supply and demand of spearmint oil
and to adopt a marketing policy for the
ensuing marketing year. When such
considerations indicate a need to
establish or to maintain stable market
conditions through volume regulation,
the Committee recommends salable
quantity limitations and producer
allotments to regulate the quantity of
Far West spearmint oil available to the
market.
According to § 985.12, ‘‘salable
quantity’’ is the total quantity of each
class of oil (Scotch or Native) that
handlers may purchase from, or handle
on behalf of, producers during a given
marketing year. The total industry
allotment base is the aggregate of all
allotment bases held individually by
producers as prescribed under
§ 985.53(d)(1). The total allotment base
is revised each year on June 1 due to
producer base being lost because of the
‘‘bona fide effort’’ production provision
of § 985.53(e).
Each producer’s prorated share of the
salable quantity of each class of oil, or
their ‘‘annual allotment’’ as defined in
§ 985.13, is calculated by using an
allotment percentage. The percentage is
derived by dividing the salable quantity
by the total industry allotment base for
that same class of oil.
The Committee met on October 16,
2019, to consider its marketing policy
for the 2020–2021 marketing year. At
that meeting, the Committee determined
that, based on the current market and
supply conditions, volume regulation
for both classes of oil is necessary. With
a 7–1 vote, the Committee
recommended a salable quantity and
allotment percentage for Scotch
spearmint oil of 838,404 pounds and 38
percent. The member voting in
opposition to the recommendation
favored volume regulation, but at a level
closer to 30 percent. The Committee
voted unanimously on its recommended
salable quantity and allotment
percentage for Native spearmint oil of
1,230,531 pounds and 49 percent.
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This action establishes the amount of
Scotch and Native spearmint oil that
handlers may purchase from, or handle
on behalf of, producers during the
2020–2021 marketing year, which
begins on June 1, 2020. Salable
quantities and allotment percentages
have been placed into effect each season
since the Order’s inception in 1980.
Scotch Spearmint Oil
The Committee’s recommended 2020–
2021 marketing year salable quantity
and allotment percentage for Scotch
spearmint oil represent an increase from
the previous year’s levels. The 2020–
2021 marketing year salable quantity of
838,404 pounds is 6,323 pounds more
than the 2019–2020 marketing year
salable quantity of 832,081 pounds. The
allotment percentage, recommended at
38 percent for the 2020–2021 marketing
year, is the same as the percentage in
effect the previous year. The total
estimated allotment base for the coming
marketing year is estimated at 2,206,325
pounds. This figure represents a onepercent increase over the 2019–2020
marketing year total allotment base of
2,184,480.
The Committee considered several
factors in making its recommendation,
including the current and projected
future supply, estimated future demand,
production costs, and producer prices.
The Committee’s recommendation also
accounts for established acreage of
Scotch spearmint oil, consumer
demand, existing carry-in, reserve pool
volume, and increased production in
competing markets.
According to the Committee, as costs
of production have increased, many
producers have forgone new plantings
of Scotch spearmint. This has resulted
in a significant decline in production of
Scotch spearmint oil over the past years.
Production has decreased from
1,113,346 pounds produced in 2016 to
an estimated 567,623 pounds produced
in 2019.
Industry reports also indicate that
trade demand for Far West Scotch
spearmint oil has decreased over the
past five years. Scotch spearmint oil
sales have averaged 832,522 pounds per
year over the last five years, while sales
have averaged just 720,992 pounds over
the last three years. For the 2020–2021
marketing year, the Committee estimates
trade demand to be 750,000 pounds, a
little higher than the rolling three-year
average. In addition to declining
spearmint oil demand, increasing
production of Scotch spearmint oil in
competing markets, most notably
Canada and the U.S. Midwest, has put
additional downward pressure on the
Far West Scotch spearmint oil market.
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Given the general decline in demand
and anticipated market conditions for
the coming year, the Committee decided
it was prudent to estimate that the
Scotch spearmint oil trade demand for
the 2020–2021 marketing year trade will
be 750,000 pounds, 55,000 pounds
lower than the prior year. Should the
volume regulation levels established by
this action prove insufficient to
adequately supply the market, the
Committee has the authority to
recommend intra-seasonal increases, as
it has in previous marketing years.
The Committee calculated the
minimum salable quantity of Scotch
spearmint oil that will be required
during the 2020–2021 marketing year
(471,029 pounds) by subtracting the
estimated salable carry-in on June 1,
2020, (278,971) from the estimated trade
demand (750,000). This minimum
salable quantity represents the
estimated minimum amount of Scotch
spearmint oil that will be needed to
satisfy estimated trade demand for the
coming year. To ensure that the market
will be fully supplied, the Committee
recommended a 2020–2021 marketing
year salable quantity of 838,404 pounds.
The recommended salable quantity of
838,404 pounds, combined with an
estimated 278,971 pounds of salable
quantity carried in from the previous
year, will yield a total available supply
of 1,117,375 pounds of Scotch
spearmint oil for the 2020–2021
marketing year, and will leave an
estimated 367,375 pounds of salable
Scotch spearmint oil to carry into the
2021–2022 marketing year.
Salable carry-in is the primary
measure of excess spearmint oil supply
under the Order, as it represents
overproduction in prior years that is
currently available to the market
without restriction. Under volume
regulation, spearmint oil that is
designated as salable continues to be
available to the market until it is sold
and may be marketed at any time at the
discretion of the owner. Salable
quantities established under volume
regulation over the last four seasons
have exceeded sales, leading to a
gradual build of Scotch spearmint oil
salable carry-in.
The Committee estimates that there
will be 278,971 pounds of salable carryin of Scotch spearmint oil on June 1,
2020. If current market conditions are
maintained and the Committee’s
projections are correct, salable carry-in
will increase to 367,375 pounds at the
beginning of the 2021–2022 marketing
year. This level is above the quantity
that the Committee generally considers
favorable (150,000 pounds). However,
the Committee anticipates that this
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higher salable carry-in will be
manageable given the expected
declining production levels of Scotch
spearmint oil. The Committee believes
that, given the current economic
conditions in the Scotch spearmint oil
industry, some Scotch spearmint oil
producers will not produce enough oil
in the 2020–2021 marketing year to fill
all of their base allotment. Therefore, it
is anticipated that the actual quantity of
Scotch spearmint oil carried into the
next marketing year will be less than the
quantity calculated above.
Spearmint oil held in reserve is oil
that has been produced in excess of a
producer’s marketing year allotment and
is not available to the market in the
current marketing year without an
increase in the salable quantity and
allotment percentage. The oil held in
the reserve pool is another indicator of
excess supply. Scotch spearmint oil
held in the reserve pool, which was
completely depleted at the beginning of
the 2014–2015 marketing year, has been
gradually increasing over the past five
years. The Committee reported that
132,984 pounds of Scotch spearmint oil
were held in the reserve pool as of May
31, 2019. The Scotch spearmint oil
reserve is expected to be about the same
at the end of the 2019–2020 marketing
year. This quantity of reserve pool oil
should be an adequate buffer to supply
the market, if necessary, if the industry
experiences an unexpected increase in
demand.
The Committee recommended an
allotment percentage of 38 percent for
the 2020–2021 marketing year for
Scotch spearmint oil. During its October
16, 2019, meeting, the Committee
calculated an initial allotment
percentage by dividing the minimum
required salable quantity (471,029
pounds) by the total estimated allotment
base (2,206,325 pounds), resulting in
21.3 percent. However, producers and
handlers at the meeting indicated that
the computed percentage (21.3 percent)
might not adequately supply the
potential 2020–2021 Scotch spearmint
oil market demand and may also result
in inadequate carry-in for the
subsequent marketing year. After
deliberation, the Committee increased
the recommended allotment percentage
to 38 percent. The total estimated
allotment base (2,206,325 pounds) for
the 2020–2021 marketing year,
multiplied by the recommended salable
allotment percentage (38 percent),
yields 838,404 pounds, which is the
recommended salable quantity for the
2020–2021 marketing year.
The 2020–2021 marketing year
computational data for the Committee’s
recommendations is detailed below.
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(A) Estimated carry-in of Scotch
spearmint oil on June 1, 2020: 278,971
pounds. This figure is the difference
between the 2019–2020 marketing year
total available supply of 1,028,971
pounds and the 2019–2020 marketing
year estimated trade demand of 750,000
pounds (revised down from the original
estimate of 805,000 pounds).
(B) Estimated trade demand of Scotch
spearmint oil for the 2020–2021
marketing year: 750,000 pounds. This
figure was established at the Committee
meeting held on October 16, 2019.
(C) Salable quantity of Scotch
spearmint oil required from the 2020–
2021 marketing year production:
471,029 pounds. This figure is the
difference between the estimated 2020–
2021 marketing year trade demand
(750,000 pounds) and the estimated
carry-in on June 1, 2020 (278,971
pounds). This salable quantity
represents the minimum amount of
Scotch spearmint oil production that
may be needed to satisfy estimated
demand for the coming year.
(D) Total estimated Scotch spearmint
oil allotment base for the 2020–2021
marketing year: 2,206,325 pounds. This
figure represents a one-percent increase
over the 2019–2020 total actual
allotment base of 2,184,480 pounds, as
prescribed by § 985.53(d)(1). The onepercent increase equals 21,845 pounds.
This total estimated allotment base is
revised each year on June 1 in
accordance with § 985.53(e).
(E) Computed Scotch spearmint oil
allotment percentage for the 2020–2021
marketing year: 21.3 percent. This
percentage is computed by dividing the
minimum required salable quantity
(471,029 pounds) by the total estimated
allotment base (2,206,325 pounds).
(F) Recommended Scotch spearmint
oil allotment percentage for the 2020–
2021 marketing year: 38 percent. This is
the Committee’s recommendation and is
based on the computed allotment
percentage (21.3 percent) and input
from producers and handlers at the
October 16, 2019, meeting. The
recommended 38 percent allotment
percentage reflects the Committee’s
belief that the computed percentage
(21.3 percent) may not adequately
supply the anticipated 2020–2021
marketing year Scotch spearmint oil
market demand.
(G) Recommended Scotch spearmint
oil salable quantity for the 2020–2021
marketing year: 838,404 pounds. This
figure is the product of the
recommended salable allotment
percentage (38 percent) and the total
estimated allotment base (2,206,325
pounds) for the 2020–2021 marketing
year.
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(H) Estimated total available supply
of Scotch spearmint oil for the 2020–
2021 marketing year: 1,117,375 pounds.
This figure is the sum of the 2020–2021
marketing year recommended salable
quantity (838,404 pounds) and the
estimated carry-in on June 1, 2020
(278,971 pounds).
For the reasons stated above, the
Committee believes that the
recommended salable quantity and
allotment percentage will adequately
satisfy trade demand, will result in a
reasonable carry-in for the following
year, and will contribute to the orderly
marketing of Scotch spearmint oil.
Native Spearmint Oil
The Committee recommended a
Native spearmint oil salable quantity of
1,230,531 pounds and an allotment
percentage of 49 percent for the 2020–
2021 marketing year. These figures are,
respectively, 161,918 pounds and 7
percentage points lower than the levels
established for the 2019–2020 marketing
year.
The Committee utilized handlers’
anticipated sales estimates of Native
spearmint oil for the coming year,
historical and current Native spearmint
oil production, inventory statistics, and
international market data obtained from
consultants for the spearmint oil
industry to arrive at these
recommendations.
The Committee anticipates that 2020
production will total 1,493,686 pounds,
similar to last year’s production but
down from 1,694,684 pounds produced
in 2016. Committee figures show that
total Native spearmint acres remained
relatively static and that the estimated
yield, at 165.7 pounds per acre, was up
from 160.9 pounds per acre in 2017.
Sales of Native spearmint oil for the
2017–2018 marketing year spiked to
1,565,515 pounds. Sales for the current
marketing year have cooled a bit, but the
Committee still estimates sales through
the 2019–2020 marketing year of
1,330,000 pounds, which is near the 7year average.
The Committee expects that 274,277
pounds of salable Native spearmint oil
from prior years will be carried into the
2020–2021 marketing year. This amount
is up from the 211,828 pounds of salable
oil carried into the 2019–2020
marketing year.
Further, the Committee estimates that
there will be 1,153,192 pounds of Native
spearmint oil in the reserve pool at the
beginning of the 2020–2021 marketing
year. This figure is 101,237 pounds
higher than the quantity of reserve pool
oil held by producers in the previous
year and is consistent with the gradual
increase in reserves that the industry
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has experienced over the past three
marketing years.
The Committee expects end users of
Native spearmint oil to continue to rely
on Far West production as their main
source of high-quality Native spearmint
oil, with market demand similar to the
past year. A sharp spike in demand for
Native spearmint oil was experienced
by handlers late in the 2017–2018
marketing year, spurred by the
popularity of a new product in the
market. This sharp spike in demand
caused the remaining available 2017–
2018 marketing year salable quantity to
be depleted. While sales in the 2020–
2021 marketing year are expected to
come down from the 2017–2018 levels,
the Committee still anticipates demand
to be relatively high.
The Committee estimates the 2020–
2021 marketing year Native spearmint
oil trade demand to be 1,347,042
pounds. This figure is based on input
provided by producers at six production
area meetings held in mid-October 2019,
as well as estimates provided by
handlers and other meeting participants
at the October 16, 2019 meeting. This
figure represents an increase of 17,042
pounds from the previous year’s
estimate. The average estimated trade
demand for Native spearmint oil
derived from the producer meetings was
1,347,042 pounds, whereas the
handlers’ estimates ranged from
1,150,000 to 1,450,000 pounds. The
average of Native spearmint oil sales
over the last three years is 1,366,094
pounds. The quantity marketed over the
most recent full marketing year, 2018–
2019, was 1,245,076 pounds. The
Committee chose to be slightly
conservative in the establishment of its
trade demand estimate for the 2020–
2021 marketing year to avoid
oversupplying the market.
The estimated 2020–2021 marketing
year carry-in of 274,277 pounds of
Native spearmint oil, plus the
recommended salable quantity of
1,230,531 pounds, results in an
estimated total available supply of
1,504,808 pounds of oil during the
2020–2021 marketing year. With the
corresponding estimated trade demand
of 1,347,042 pounds, the Committee
projects that 157,766 pounds of oil will
be carried into the 2021–2022 marketing
year, resulting in a decrease of 116,511
pounds year-over-year. The Committee
estimates that there will be 1,153,192
pounds of Native spearmint oil held in
the reserve pool at the beginning of the
2021–2022 marketing year. Should the
industry experience an unexpected
increase in trade demand, oil in the
Native spearmint oil reserve pool could
be released to satisfy that demand.
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The Committee recommended a
producer allotment percentage of 49
percent for the 2020–2021 marketing
year. During its October 16, 2019
meeting, the Committee calculated an
initial allotment percentage by dividing
the minimum required salable quantity
(1,072,765 pounds) by the total
estimated allotment base (2,511,288
pounds), resulting in 42.7 percent.
However, producers and handlers at the
meeting expressed that the computed
percentage of 42.7 percent may not
adequately supply the potential 2020–
2021 Native spearmint oil market
demand or result in adequate carry-in
for the subsequent marketing year. After
deliberation, the Committee increased
the recommended allotment percentage
to 49 percent. The total estimated
allotment base (2,511,288 pounds) for
the 2020–2021 marketing year
multiplied by the recommended salable
allotment percentage (49 percent) yields
1,230,531 pounds, the recommended
salable quantity for the year.
The 2020–2021 marketing year
computational data for the Committee’s
recommendations is further outlined
below.
(A) Estimated carry-in of Native
spearmint oil on June 1, 2020: 274,277
pounds. This figure is the difference
between the revised 2019–2020
marketing year total available supply of
1,604,277 pounds and the revised 2019–
2020 marketing year estimated trade
demand of 1,330,000 pounds.
(B) Estimated trade demand of Native
spearmint oil for the 2020–2021
marketing year: 1,347,042 pounds. This
estimate was established by the
Committee at the October 16, 2019,
meeting.
(C) Salable quantity of Native
spearmint oil required from the 2020–
2021 marketing year production:
1,072,765 pounds. This figure is the
difference between the estimated 2020–
2021 marketing year estimated trade
demand (1,347,042 pounds) and the
estimated carry-in on June 1, 2020
(274,277 pounds). This is the minimum
amount of Native spearmint oil that the
Committee believes will be required to
meet the anticipated 2020–2021
marketing year trade demand.
(D) Total estimated allotment base of
Native spearmint oil for the 2020–2021
marketing year: 2,511,288 pounds. This
figure represents a one-percent increase
over the 2019–2020 total actual
allotment base of 2,486,424 pounds as
prescribed in § 985.53(d)(1). The onepercent increase equals 24,864 pounds
of oil. This estimate is revised each year
on June 1, due to adjustments resulting
from the bona fide effort production
provisions of § 985.53(e).
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(E) Computed Native spearmint oil
allotment percentage for the 2020–2021
marketing year: 42.7 percent. This
percentage is calculated by dividing the
required salable quantity (1,072,765
pounds) by the total estimated allotment
base (2,511,288 pounds) for the 2020–
2021 marketing year.
(F) Recommended Native spearmint
oil allotment percentage for the 2020–
2021 marketing year: 49 percent. This is
the Committee’s recommendation based
on the computed allotment percentage
(42.7 percent) and input from producers
and handlers at the October 16, 2019,
meeting. The recommended 49 percent
allotment percentage is also based on
the Committee’s belief that the
computed percentage (42.7 percent) may
not adequately supply the potential
market for Native spearmint oil in the
2020–2021 marketing year.
(G) Recommended Native spearmint
oil 2020–2021 marketing year salable
quantity: 1,230,531 pounds. This figure
is the product of the recommended
allotment percentage (49 percent) and
the total estimated allotment base
(2,511,288 pounds). This amount is less
than the estimated trade demand for the
2020–2021 marketing year but could be
increased as needed through an intraseasonal increase in the salable quantity
and allotment percentage.
(H) Estimated available supply of
Native spearmint oil for the 2020–2021
marketing year: 1,504,808 pounds. This
figure is the sum of the 2020–2021
recommended salable quantity
(1,230,531 pounds) and the estimated
carry-in on June 1, 2020 (274,277
pounds).
The Committee’s recommended
Scotch and Native spearmint oil salable
quantities and allotment percentages of
838,404 pounds and 38 percent, and
1,230,531 pounds and 49 percent,
respectively, will match the available
supply of each class of spearmint oil to
the estimated demand of each, thus
avoiding extreme fluctuations in
inventories and prices. This rule is
similar to the regulations issued in prior
seasons.
The salable quantities established in
this final rule are not expected to cause
a shortage of either class of spearmint
oil. Any unanticipated or additional
market demand for either class of
spearmint oil which may develop
during the marketing year could be
satisfied by an intra-seasonal increase in
the salable quantity and corresponding
allotment percentage. The Order
contains a provision in § 985.51 for
intra-seasonal increases to allow the
Committee the flexibility to respond
quickly to changing market conditions.
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Under volume regulation, producers
who produce more than their annual
allotments during the marketing year
may transfer such excess spearmint oil
to producers who have produced less
than their annual allotment. In addition,
on December 1 of each year, producers
who have not transferred their excess
spearmint oil to other producers must
place their excess spearmint oil
production into the reserve pool to be
released in the future in accordance
with market needs and under the
Committee’s direction.
USDA has reviewed the Committee’s
marketing policy statement for the
2020–2021 marketing year. The
Committee’s marketing policy
statement, a requirement whenever the
Committee recommends volume
regulation, meets the requirements of
§§ 985.50 and 985.51.
The establishment of salable
quantities and allotment percentages in
this rule is expected to fully satisfy
anticipated market needs. In
determining anticipated market needs,
the Committee considered historical
sales, as well as changes and trends in
production and demand. This rule also
provides producers with information
regarding the amount of spearmint oil
that should be produced for the 2020–
2021 season to meet anticipated market
demand.
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
rule 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
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 approximately 39 producers
and 94 producers of Scotch and Native
spearmint oil, respectively, in the
regulated production area and
approximately 8 spearmint oil handlers
subject to regulation under the Order.
Small agricultural service firms are
defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $30,000,000,
and small agricultural producers are
defined as those having annual receipts
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of less than $1,000,000 (13 CFR
121.201).
The Committee reported that recent
producer prices for spearmint oil have
ranged from $14.00 to $17.00 per
pound. The National Agricultural
Statistics Service (NASS) reported that
the 2018 U.S. season average spearmint
oil producer price per pound was
$16.80. Multiplying $16.80 per pound
by 2017–2018 marketing year spearmint
oil utilization of 1,963,028 million
pounds yields a crop value estimate of
about $33.0 million. Total 2017–2018
spearmint oil utilization, reported by
the Committee, was 717,952 pounds and
1,245,076 pounds for Scotch and Native
spearmint oil, respectively.
Given the accounting requirements for
the volume regulation provisions of the
Order, the Committee maintains
accurate records of each producer’s
production and sales. Using the $16.80
average spearmint oil price, and
Committee production data for each
producer, the Committee estimates that
36 of the 39 Scotch spearmint oil
producers and 89 of the 94 Native
spearmint oil producers could be
classified as small entities under the
SBA definition.
There is no third party or
governmental entity that collects and
reports spearmint oil prices received by
spearmint oil handlers. However, the
Committee estimates an average
spearmint oil handling markup at
approximately 20 percent of the price
received by producers. Multiplying 1.20
by the 2018 producer price of $16.80
yields a handler free on board (f.o.b.)
price per pound estimate of $20.16.
Multiplying this handler f.o.b. price
by spearmint oil utilization of 1,963,028
pounds results in an estimated handlerlevel spearmint oil value of $39.6
million. Dividing this figure by the
number of handlers (8) yields estimated
average annual handler receipts of about
$5.0 million, which is well below the
SBA threshold for small agricultural
service firms.
Furthermore, using confidential data
on pounds handled by each handler,
and the abovementioned estimated
handler price per pound, the Committee
reported that it is not likely that any of
the eight handlers had a 2018–2019
marketing year spearmint oil sales value
that exceeded the $30 million SBA
threshold.
Therefore, in view of the foregoing,
the majority of producers of spearmint
oil may be classified as small entities
and all of the handlers of spearmint oil
may be classified as small entities.
This final rule establishes the quantity
of spearmint oil produced in the Far
West, by class, which handlers may
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16:20 Jun 10, 2020
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purchase from, or handle on behalf of,
producers during the 2020–2021
marketing year. The Committee
recommended this action to help
maintain stability in the spearmint oil
market by matching supply to estimated
demand, thereby avoiding extreme
fluctuations in supplies and prices.
Establishing quantities that may be
purchased or handled during the
marketing year through volume
regulations allows producers to
coordinate their spearmint oil
production with the expected market
demand. Authority for this action is
provided in §§ 985.50, 985.51, and
985.52.
The Committee estimated trade
demand for the 2020–2021 marketing
year for both classes of oil at 2,097,042
pounds and expects that the combined
salable carry-in will be 553,248 pounds.
The combined required salable quantity
is 1,543,794 pounds. Under volume
regulation, total sales of spearmint oil
by producers for the 2020–2021
marketing year will be held to 2,622,183
pounds (the recommended salable
quantity for both classes of spearmint
oil of 2,068,935 pounds plus 553,248
pounds of carry-in).
This total available supply of
2,622,183 pounds should be more than
adequate to supply the 2,097,042
pounds of anticipated total trade
demand for spearmint oil. In addition,
as of May 31, 2019, the total reserve
pool for both classes of spearmint oil
stood at 1,184,939 pounds. Furthermore,
that quantity is expected to rise over the
course of the 2019–2020 marketing year
to 1,308,651. Should trade demand
increase unexpectedly during the 2020–
2021 marketing year, reserve pool
spearmint oil could be released into the
market to supply that increase in
demand.
The established allotment
percentages, upon which 2020–2021
marketing year producer allotments are
based, are 38 percent for Scotch
spearmint oil and 49 percent for Native
spearmint oil. Without volume
regulation, producers will not be held to
these allotment levels, and could sell
unrestricted quantities of spearmint oil.
The USDA econometric model used to
evaluate the Far West spearmint oil
market estimated that the season
average producer price per pound (from
both classes of spearmint oil) would
decline about $2.10 per pound without
volume regulation. The surplus
situation for the spearmint oil market
that would exist without volume
regulation in the 2020–2021 marketing
year also would likely dampen
prospects for improved producer prices
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35549
in future years because of the excessive
buildup in stocks.
In addition, the econometric model
estimated that spearmint oil prices
would fluctuate with greater amplitude
in the absence of volume regulation.
The coefficient of variation, or CV (a
standard measure of variability), of Far
West spearmint oil producer prices for
the period 1980–2018 (the years in
which the Order has been in effect), is
25 percent, compared to 49 percent for
the 20-year period (1960–1979)
immediately prior to the establishment
of the Order. Since higher CV values
correspond to greater variability, this is
an indicator of the price stabilizing
impact of the Order.
The use of volume regulation allows
the industry to fully supply spearmint
oil markets while avoiding the negative
consequences of over-supplying these
markets. The use of volume regulation
is believed to have little or no effect on
consumer prices of products containing
spearmint oil and will not result in
fewer retail sales of such products.
The Committee discussed alternatives
to its recommended volume regulation
levels for both classes of spearmint oil.
The Committee rejected the idea of not
regulating any volume for either class of
spearmint oil because of the severe,
price-depressing effects that will likely
occur without volume regulation. The
Committee also discussed and
considered salable quantities and
allotment percentages that were above
and below the levels that were
ultimately recommended for both
classes of spearmint oil. Ultimately, the
action recommended by the Committee
was to maintain the allotment
percentage for Scotch spearmint oil
(which will slightly increase the salable
quantity) and to decrease both the
salable quantity and allotment
percentage for Native spearmint oil from
the levels established for the 2019–2020
marketing year.
As noted earlier, the Committee’s
recommendation to establish salable
quantities and allotment percentages for
both classes of spearmint oil was made
after careful consideration of all
available information including: (1) The
estimated quantity of salable oil of each
class held by producers and handlers;
(2) the estimated demand for each class
of oil; (3) the prospective production of
each class of oil; (4) the total of
allotment bases of each class of oil for
the current marketing year and the
estimated total of allotment bases of
each class for the ensuing marketing
year; (5) the quantity of reserve oil, by
class, in storage; (6) producer prices of
oil, including prices for each class of oil;
and (7) general market conditions for
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Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations
each class of oil, including whether the
estimated season average price to
producers is likely to exceed parity.
Based on its review, the Committee
believes that the salable quantities and
allotment percentages established in
this rule will achieve the objectives
sought. The Committee also believes
that, should there be no volume
regulation in effect for the upcoming
marketing year, the Far West spearmint
oil industry will return to the
pronounced cyclical price patterns that
occurred prior to the promulgation of
the Order. As previously stated, annual
salable quantities and allotment
percentages have been issued for both
classes of spearmint oil since the
Order’s inception. The salable quantities
and allotment percentages established
herein are expected to facilitate the goal
of maintaining orderly marketing
conditions for Far West spearmint oil
for the 2020–2021 and future marketing
years.
Costs to producers and handlers, large
and small, resulting from this action are
expected to be offset by the benefits
derived from a more stable market and
increased returns. The benefits of this
rule are expected to be equally available
to all producers and handlers regardless
of their size.
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,
Vegetable and 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 rule establishes the salable
quantities and allotment percentages for
Scotch spearmint oil and Native
spearmint oil produced in the Far West
during the 2020–2021 marketing year.
Accordingly, this rule does not impose
any additional reporting or
recordkeeping requirements on either
small or large spearmint oil producers
or handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and publicsector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this final rule.
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
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16:20 Jun 10, 2020
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access to Government information and
services, and for other purposes.
A proposed rule concerning this
action was published in the Federal
Register on February 20, 2020 (85 FR
9699). Copies of the proposed rule were
also mailed or sent via facsimile to all
Far West spearmint oil handlers. The
proposal was made available through
the internet by USDA and the Office of
the Federal Register. A 60-day comment
period ending April 20, 2020, was
provided for interested persons to
respond to the proposal. No comments
were received during the comment
period. Accordingly, no changes will be
made to the rule as proposed.
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.
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 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.
For the reasons set forth in the
preamble, 7 CFR part 985 is amended as
follows:
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
1. The authority citation for 7 CFR
part 985 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
2. Add § 985.235 to read as follows:
§ 985.235 Salable quantities and allotment
percentages—2020–2021 marketing year.
The salable quantity and allotment
percentage for each class of spearmint
oil during the marketing year beginning
on June 1, 2020, shall be as follows:
(a) Class 1 (Scotch) oil—a salable
quantity of 838,404 pounds and an
allotment percentage of 38 percent.
PO 00000
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Fmt 4700
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(b) Class 3 (Native) oil—a salable
quantity of 1,230,531 pounds and an
allotment percentage of 49 percent.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–10945 Filed 6–10–20; 8:45 am]
BILLING CODE 3410–02–P
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 120 and 121
[Docket Number SBA–2020–0034]
RIN 3245–AH48
Business Loan Program Temporary
Changes; Paycheck Protection
Program—Eligibility of Certain
Telephone Cooperatives
U.S. Small Business
Administration.
ACTION: Interim final rule.
AGENCY:
On April 2, 2020, the U.S.
Small Business Administration (SBA)
posted an interim final rule announcing
the implementation of the Coronavirus
Aid, Relief, and Economic Security Act
(CARES Act). The CARES Act
temporarily adds a new program, titled
the ‘‘Paycheck Protection Program,’’ to
the SBA’s 7(a) Loan Program. The
CARES Act also provides for forgiveness
of up to the full principal amount of
qualifying loans guaranteed under the
Paycheck Protection Program (PPP). The
PPP is intended to provide economic
relief to small businesses nationwide
adversely impacted by the Coronavirus
Disease 2019 (COVID–19). This interim
final rule supplements previously
published interim final rules by
providing guidance on additional
eligibility requirements for certain
telephone cooperatives, and requests
public comment.
DATES:
Effective date: This rule is effective
June 8, 2020.
Applicability date: This interim final
rule applies to applications submitted
under the Paycheck Protection Program
through June 30, 2020, or until funds
made available for this purpose are
exhausted.
Comment date: Comments must be
received on or before July 13, 2020.
ADDRESSES: You may submit comments,
identified by number SBA–2020–0034
through the Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
SBA will post all comments on
www.regulations.gov. If you wish to
submit confidential business
SUMMARY:
E:\FR\FM\11JNR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Rules and Regulations]
[Pages 35545-35550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10945]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules
and Regulations
[[Page 35545]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS-SC-19-0096; SC20-985-1 FR]
Marketing Order Regulating the Handling of Spearmint Oil Produced
in the Far West; Salable Quantities and Allotment Percentages for the
2020-2021 Marketing Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements a recommendation from the Far West
Spearmint Oil Administrative Committee (Committee) to establish salable
quantities and allotment percentages of Class 1 (Scotch) and Class 3
(Native) spearmint oil produced in Washington, Idaho, Oregon, and
designated parts of Nevada and Utah (the Far West) for the 2020-2021
marketing year.
DATES: Effective July 13, 2020.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist,
or Gary Olson, Regional Director, Northwest Marketing Field 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,
amends regulations issued to carry out a marketing order as defined in
7 CFR 900.2(j). This rule is issued under Marketing Order No. 985, as
amended (7 CFR part 985), regulating the handling of spearmint oil
produced in the Far West. 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 final 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 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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect. The Order now in effect states that salable quantities and
producer allotment percentages may be established for classes of
spearmint oil produced in the Far West. This final rule establishes
quantities and percentages for Class 1 (Scotch) and Class 3 (Native)
spearmint oil for the 2020-2021 marketing year, which begins on June 1,
2020.
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. Such 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.
Pursuant to Sec. Sec. 985.50, 985.51, and 985.52, the Order
requires the Committee to meet each year to consider supply and demand
of spearmint oil and to adopt a marketing policy for the ensuing
marketing year. When such considerations indicate a need to establish
or to maintain stable market conditions through volume regulation, the
Committee recommends salable quantity limitations and producer
allotments to regulate the quantity of Far West spearmint oil available
to the market.
According to Sec. 985.12, ``salable quantity'' is the total
quantity of each class of oil (Scotch or Native) that handlers may
purchase from, or handle on behalf of, producers during a given
marketing year. The total industry allotment base is the aggregate of
all allotment bases held individually by producers as prescribed under
Sec. 985.53(d)(1). The total allotment base is revised each year on
June 1 due to producer base being lost because of the ``bona fide
effort'' production provision of Sec. 985.53(e).
Each producer's prorated share of the salable quantity of each
class of oil, or their ``annual allotment'' as defined in Sec. 985.13,
is calculated by using an allotment percentage. The percentage is
derived by dividing the salable quantity by the total industry
allotment base for that same class of oil.
The Committee met on October 16, 2019, to consider its marketing
policy for the 2020-2021 marketing year. At that meeting, the Committee
determined that, based on the current market and supply conditions,
volume regulation for both classes of oil is necessary. With a 7-1
vote, the Committee recommended a salable quantity and allotment
percentage for Scotch spearmint oil of 838,404 pounds and 38 percent.
The member voting in opposition to the recommendation favored volume
regulation, but at a level closer to 30 percent. The Committee voted
unanimously on its recommended salable quantity and allotment
percentage for Native spearmint oil of 1,230,531 pounds and 49 percent.
[[Page 35546]]
This action establishes the amount of Scotch and Native spearmint
oil that handlers may purchase from, or handle on behalf of, producers
during the 2020-2021 marketing year, which begins on June 1, 2020.
Salable quantities and allotment percentages have been placed into
effect each season since the Order's inception in 1980.
Scotch Spearmint Oil
The Committee's recommended 2020-2021 marketing year salable
quantity and allotment percentage for Scotch spearmint oil represent an
increase from the previous year's levels. The 2020-2021 marketing year
salable quantity of 838,404 pounds is 6,323 pounds more than the 2019-
2020 marketing year salable quantity of 832,081 pounds. The allotment
percentage, recommended at 38 percent for the 2020-2021 marketing year,
is the same as the percentage in effect the previous year. The total
estimated allotment base for the coming marketing year is estimated at
2,206,325 pounds. This figure represents a one-percent increase over
the 2019-2020 marketing year total allotment base of 2,184,480.
The Committee considered several factors in making its
recommendation, including the current and projected future supply,
estimated future demand, production costs, and producer prices. The
Committee's recommendation also accounts for established acreage of
Scotch spearmint oil, consumer demand, existing carry-in, reserve pool
volume, and increased production in competing markets.
According to the Committee, as costs of production have increased,
many producers have forgone new plantings of Scotch spearmint. This has
resulted in a significant decline in production of Scotch spearmint oil
over the past years. Production has decreased from 1,113,346 pounds
produced in 2016 to an estimated 567,623 pounds produced in 2019.
Industry reports also indicate that trade demand for Far West
Scotch spearmint oil has decreased over the past five years. Scotch
spearmint oil sales have averaged 832,522 pounds per year over the last
five years, while sales have averaged just 720,992 pounds over the last
three years. For the 2020-2021 marketing year, the Committee estimates
trade demand to be 750,000 pounds, a little higher than the rolling
three-year average. In addition to declining spearmint oil demand,
increasing production of Scotch spearmint oil in competing markets,
most notably Canada and the U.S. Midwest, has put additional downward
pressure on the Far West Scotch spearmint oil market.
Given the general decline in demand and anticipated market
conditions for the coming year, the Committee decided it was prudent to
estimate that the Scotch spearmint oil trade demand for the 2020-2021
marketing year trade will be 750,000 pounds, 55,000 pounds lower than
the prior year. Should the volume regulation levels established by this
action prove insufficient to adequately supply the market, the
Committee has the authority to recommend intra-seasonal increases, as
it has in previous marketing years.
The Committee calculated the minimum salable quantity of Scotch
spearmint oil that will be required during the 2020-2021 marketing year
(471,029 pounds) by subtracting the estimated salable carry-in on June
1, 2020, (278,971) from the estimated trade demand (750,000). This
minimum salable quantity represents the estimated minimum amount of
Scotch spearmint oil that will be needed to satisfy estimated trade
demand for the coming year. To ensure that the market will be fully
supplied, the Committee recommended a 2020-2021 marketing year salable
quantity of 838,404 pounds. The recommended salable quantity of 838,404
pounds, combined with an estimated 278,971 pounds of salable quantity
carried in from the previous year, will yield a total available supply
of 1,117,375 pounds of Scotch spearmint oil for the 2020-2021 marketing
year, and will leave an estimated 367,375 pounds of salable Scotch
spearmint oil to carry into the 2021-2022 marketing year.
Salable carry-in is the primary measure of excess spearmint oil
supply under the Order, as it represents overproduction in prior years
that is currently available to the market without restriction. Under
volume regulation, spearmint oil that is designated as salable
continues to be available to the market until it is sold and may be
marketed at any time at the discretion of the owner. Salable quantities
established under volume regulation over the last four seasons have
exceeded sales, leading to a gradual build of Scotch spearmint oil
salable carry-in.
The Committee estimates that there will be 278,971 pounds of
salable carry-in of Scotch spearmint oil on June 1, 2020. If current
market conditions are maintained and the Committee's projections are
correct, salable carry-in will increase to 367,375 pounds at the
beginning of the 2021-2022 marketing year. This level is above the
quantity that the Committee generally considers favorable (150,000
pounds). However, the Committee anticipates that this higher salable
carry-in will be manageable given the expected declining production
levels of Scotch spearmint oil. The Committee believes that, given the
current economic conditions in the Scotch spearmint oil industry, some
Scotch spearmint oil producers will not produce enough oil in the 2020-
2021 marketing year to fill all of their base allotment. Therefore, it
is anticipated that the actual quantity of Scotch spearmint oil carried
into the next marketing year will be less than the quantity calculated
above.
Spearmint oil held in reserve is oil that has been produced in
excess of a producer's marketing year allotment and is not available to
the market in the current marketing year without an increase in the
salable quantity and allotment percentage. The oil held in the reserve
pool is another indicator of excess supply. Scotch spearmint oil held
in the reserve pool, which was completely depleted at the beginning of
the 2014-2015 marketing year, has been gradually increasing over the
past five years. The Committee reported that 132,984 pounds of Scotch
spearmint oil were held in the reserve pool as of May 31, 2019. The
Scotch spearmint oil reserve is expected to be about the same at the
end of the 2019-2020 marketing year. This quantity of reserve pool oil
should be an adequate buffer to supply the market, if necessary, if the
industry experiences an unexpected increase in demand.
The Committee recommended an allotment percentage of 38 percent for
the 2020-2021 marketing year for Scotch spearmint oil. During its
October 16, 2019, meeting, the Committee calculated an initial
allotment percentage by dividing the minimum required salable quantity
(471,029 pounds) by the total estimated allotment base (2,206,325
pounds), resulting in 21.3 percent. However, producers and handlers at
the meeting indicated that the computed percentage (21.3 percent) might
not adequately supply the potential 2020-2021 Scotch spearmint oil
market demand and may also result in inadequate carry-in for the
subsequent marketing year. After deliberation, the Committee increased
the recommended allotment percentage to 38 percent. The total estimated
allotment base (2,206,325 pounds) for the 2020-2021 marketing year,
multiplied by the recommended salable allotment percentage (38
percent), yields 838,404 pounds, which is the recommended salable
quantity for the 2020-2021 marketing year.
The 2020-2021 marketing year computational data for the Committee's
recommendations is detailed below.
[[Page 35547]]
(A) Estimated carry-in of Scotch spearmint oil on June 1, 2020:
278,971 pounds. This figure is the difference between the 2019-2020
marketing year total available supply of 1,028,971 pounds and the 2019-
2020 marketing year estimated trade demand of 750,000 pounds (revised
down from the original estimate of 805,000 pounds).
(B) Estimated trade demand of Scotch spearmint oil for the 2020-
2021 marketing year: 750,000 pounds. This figure was established at the
Committee meeting held on October 16, 2019.
(C) Salable quantity of Scotch spearmint oil required from the
2020-2021 marketing year production: 471,029 pounds. This figure is the
difference between the estimated 2020-2021 marketing year trade demand
(750,000 pounds) and the estimated carry-in on June 1, 2020 (278,971
pounds). This salable quantity represents the minimum amount of Scotch
spearmint oil production that may be needed to satisfy estimated demand
for the coming year.
(D) Total estimated Scotch spearmint oil allotment base for the
2020-2021 marketing year: 2,206,325 pounds. This figure represents a
one-percent increase over the 2019-2020 total actual allotment base of
2,184,480 pounds, as prescribed by Sec. 985.53(d)(1). The one-percent
increase equals 21,845 pounds. This total estimated allotment base is
revised each year on June 1 in accordance with Sec. 985.53(e).
(E) Computed Scotch spearmint oil allotment percentage for the
2020-2021 marketing year: 21.3 percent. This percentage is computed by
dividing the minimum required salable quantity (471,029 pounds) by the
total estimated allotment base (2,206,325 pounds).
(F) Recommended Scotch spearmint oil allotment percentage for the
2020-2021 marketing year: 38 percent. This is the Committee's
recommendation and is based on the computed allotment percentage (21.3
percent) and input from producers and handlers at the October 16, 2019,
meeting. The recommended 38 percent allotment percentage reflects the
Committee's belief that the computed percentage (21.3 percent) may not
adequately supply the anticipated 2020-2021 marketing year Scotch
spearmint oil market demand.
(G) Recommended Scotch spearmint oil salable quantity for the 2020-
2021 marketing year: 838,404 pounds. This figure is the product of the
recommended salable allotment percentage (38 percent) and the total
estimated allotment base (2,206,325 pounds) for the 2020-2021 marketing
year.
(H) Estimated total available supply of Scotch spearmint oil for
the 2020-2021 marketing year: 1,117,375 pounds. This figure is the sum
of the 2020-2021 marketing year recommended salable quantity (838,404
pounds) and the estimated carry-in on June 1, 2020 (278,971 pounds).
For the reasons stated above, the Committee believes that the
recommended salable quantity and allotment percentage will adequately
satisfy trade demand, will result in a reasonable carry-in for the
following year, and will contribute to the orderly marketing of Scotch
spearmint oil.
Native Spearmint Oil
The Committee recommended a Native spearmint oil salable quantity
of 1,230,531 pounds and an allotment percentage of 49 percent for the
2020-2021 marketing year. These figures are, respectively, 161,918
pounds and 7 percentage points lower than the levels established for
the 2019-2020 marketing year.
The Committee utilized handlers' anticipated sales estimates of
Native spearmint oil for the coming year, historical and current Native
spearmint oil production, inventory statistics, and international
market data obtained from consultants for the spearmint oil industry to
arrive at these recommendations.
The Committee anticipates that 2020 production will total 1,493,686
pounds, similar to last year's production but down from 1,694,684
pounds produced in 2016. Committee figures show that total Native
spearmint acres remained relatively static and that the estimated
yield, at 165.7 pounds per acre, was up from 160.9 pounds per acre in
2017. Sales of Native spearmint oil for the 2017-2018 marketing year
spiked to 1,565,515 pounds. Sales for the current marketing year have
cooled a bit, but the Committee still estimates sales through the 2019-
2020 marketing year of 1,330,000 pounds, which is near the 7-year
average.
The Committee expects that 274,277 pounds of salable Native
spearmint oil from prior years will be carried into the 2020-2021
marketing year. This amount is up from the 211,828 pounds of salable
oil carried into the 2019-2020 marketing year.
Further, the Committee estimates that there will be 1,153,192
pounds of Native spearmint oil in the reserve pool at the beginning of
the 2020-2021 marketing year. This figure is 101,237 pounds higher than
the quantity of reserve pool oil held by producers in the previous year
and is consistent with the gradual increase in reserves that the
industry has experienced over the past three marketing years.
The Committee expects end users of Native spearmint oil to continue
to rely on Far West production as their main source of high-quality
Native spearmint oil, with market demand similar to the past year. A
sharp spike in demand for Native spearmint oil was experienced by
handlers late in the 2017-2018 marketing year, spurred by the
popularity of a new product in the market. This sharp spike in demand
caused the remaining available 2017-2018 marketing year salable
quantity to be depleted. While sales in the 2020-2021 marketing year
are expected to come down from the 2017-2018 levels, the Committee
still anticipates demand to be relatively high.
The Committee estimates the 2020-2021 marketing year Native
spearmint oil trade demand to be 1,347,042 pounds. This figure is based
on input provided by producers at six production area meetings held in
mid-October 2019, as well as estimates provided by handlers and other
meeting participants at the October 16, 2019 meeting. This figure
represents an increase of 17,042 pounds from the previous year's
estimate. The average estimated trade demand for Native spearmint oil
derived from the producer meetings was 1,347,042 pounds, whereas the
handlers' estimates ranged from 1,150,000 to 1,450,000 pounds. The
average of Native spearmint oil sales over the last three years is
1,366,094 pounds. The quantity marketed over the most recent full
marketing year, 2018-2019, was 1,245,076 pounds. The Committee chose to
be slightly conservative in the establishment of its trade demand
estimate for the 2020-2021 marketing year to avoid oversupplying the
market.
The estimated 2020-2021 marketing year carry-in of 274,277 pounds
of Native spearmint oil, plus the recommended salable quantity of
1,230,531 pounds, results in an estimated total available supply of
1,504,808 pounds of oil during the 2020-2021 marketing year. With the
corresponding estimated trade demand of 1,347,042 pounds, the Committee
projects that 157,766 pounds of oil will be carried into the 2021-2022
marketing year, resulting in a decrease of 116,511 pounds year-over-
year. The Committee estimates that there will be 1,153,192 pounds of
Native spearmint oil held in the reserve pool at the beginning of the
2021-2022 marketing year. Should the industry experience an unexpected
increase in trade demand, oil in the Native spearmint oil reserve pool
could be released to satisfy that demand.
[[Page 35548]]
The Committee recommended a producer allotment percentage of 49
percent for the 2020-2021 marketing year. During its October 16, 2019
meeting, the Committee calculated an initial allotment percentage by
dividing the minimum required salable quantity (1,072,765 pounds) by
the total estimated allotment base (2,511,288 pounds), resulting in
42.7 percent. However, producers and handlers at the meeting expressed
that the computed percentage of 42.7 percent may not adequately supply
the potential 2020-2021 Native spearmint oil market demand or result in
adequate carry-in for the subsequent marketing year. After
deliberation, the Committee increased the recommended allotment
percentage to 49 percent. The total estimated allotment base (2,511,288
pounds) for the 2020-2021 marketing year multiplied by the recommended
salable allotment percentage (49 percent) yields 1,230,531 pounds, the
recommended salable quantity for the year.
The 2020-2021 marketing year computational data for the Committee's
recommendations is further outlined below.
(A) Estimated carry-in of Native spearmint oil on June 1, 2020:
274,277 pounds. This figure is the difference between the revised 2019-
2020 marketing year total available supply of 1,604,277 pounds and the
revised 2019-2020 marketing year estimated trade demand of 1,330,000
pounds.
(B) Estimated trade demand of Native spearmint oil for the 2020-
2021 marketing year: 1,347,042 pounds. This estimate was established by
the Committee at the October 16, 2019, meeting.
(C) Salable quantity of Native spearmint oil required from the
2020-2021 marketing year production: 1,072,765 pounds. This figure is
the difference between the estimated 2020-2021 marketing year estimated
trade demand (1,347,042 pounds) and the estimated carry-in on June 1,
2020 (274,277 pounds). This is the minimum amount of Native spearmint
oil that the Committee believes will be required to meet the
anticipated 2020-2021 marketing year trade demand.
(D) Total estimated allotment base of Native spearmint oil for the
2020-2021 marketing year: 2,511,288 pounds. This figure represents a
one-percent increase over the 2019-2020 total actual allotment base of
2,486,424 pounds as prescribed in Sec. 985.53(d)(1). The one-percent
increase equals 24,864 pounds of oil. This estimate is revised each
year on June 1, due to adjustments resulting from the bona fide effort
production provisions of Sec. 985.53(e).
(E) Computed Native spearmint oil allotment percentage for the
2020-2021 marketing year: 42.7 percent. This percentage is calculated
by dividing the required salable quantity (1,072,765 pounds) by the
total estimated allotment base (2,511,288 pounds) for the 2020-2021
marketing year.
(F) Recommended Native spearmint oil allotment percentage for the
2020-2021 marketing year: 49 percent. This is the Committee's
recommendation based on the computed allotment percentage (42.7
percent) and input from producers and handlers at the October 16, 2019,
meeting. The recommended 49 percent allotment percentage is also based
on the Committee's belief that the computed percentage (42.7 percent)
may not adequately supply the potential market for Native spearmint oil
in the 2020-2021 marketing year.
(G) Recommended Native spearmint oil 2020-2021 marketing year
salable quantity: 1,230,531 pounds. This figure is the product of the
recommended allotment percentage (49 percent) and the total estimated
allotment base (2,511,288 pounds). This amount is less than the
estimated trade demand for the 2020-2021 marketing year but could be
increased as needed through an intra-seasonal increase in the salable
quantity and allotment percentage.
(H) Estimated available supply of Native spearmint oil for the
2020-2021 marketing year: 1,504,808 pounds. This figure is the sum of
the 2020-2021 recommended salable quantity (1,230,531 pounds) and the
estimated carry-in on June 1, 2020 (274,277 pounds).
The Committee's recommended Scotch and Native spearmint oil salable
quantities and allotment percentages of 838,404 pounds and 38 percent,
and 1,230,531 pounds and 49 percent, respectively, will match the
available supply of each class of spearmint oil to the estimated demand
of each, thus avoiding extreme fluctuations in inventories and prices.
This rule is similar to the regulations issued in prior seasons.
The salable quantities established in this final rule are not
expected to cause a shortage of either class of spearmint oil. Any
unanticipated or additional market demand for either class of spearmint
oil which may develop during the marketing year could be satisfied by
an intra-seasonal increase in the salable quantity and corresponding
allotment percentage. The Order contains a provision in Sec. 985.51
for intra-seasonal increases to allow the Committee the flexibility to
respond quickly to changing market conditions.
Under volume regulation, producers who produce more than their
annual allotments during the marketing year may transfer such excess
spearmint oil to producers who have produced less than their annual
allotment. In addition, on December 1 of each year, producers who have
not transferred their excess spearmint oil to other producers must
place their excess spearmint oil production into the reserve pool to be
released in the future in accordance with market needs and under the
Committee's direction.
USDA has reviewed the Committee's marketing policy statement for
the 2020-2021 marketing year. The Committee's marketing policy
statement, a requirement whenever the Committee recommends volume
regulation, meets the requirements of Sec. Sec. 985.50 and 985.51.
The establishment of salable quantities and allotment percentages
in this rule is expected to fully satisfy anticipated market needs. In
determining anticipated market needs, the Committee considered
historical sales, as well as changes and trends in production and
demand. This rule also provides producers with information regarding
the amount of spearmint oil that should be produced for the 2020-2021
season to meet anticipated market demand.
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 rule 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
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 approximately 39 producers and 94 producers of Scotch and
Native spearmint oil, respectively, in the regulated production area
and approximately 8 spearmint oil handlers subject to regulation under
the Order. Small agricultural service firms are defined by the Small
Business Administration (SBA) as those having annual receipts of less
than $30,000,000, and small agricultural producers are defined as those
having annual receipts
[[Page 35549]]
of less than $1,000,000 (13 CFR 121.201).
The Committee reported that recent producer prices for spearmint
oil have ranged from $14.00 to $17.00 per pound. The National
Agricultural Statistics Service (NASS) reported that the 2018 U.S.
season average spearmint oil producer price per pound was $16.80.
Multiplying $16.80 per pound by 2017-2018 marketing year spearmint oil
utilization of 1,963,028 million pounds yields a crop value estimate of
about $33.0 million. Total 2017-2018 spearmint oil utilization,
reported by the Committee, was 717,952 pounds and 1,245,076 pounds for
Scotch and Native spearmint oil, respectively.
Given the accounting requirements for the volume regulation
provisions of the Order, the Committee maintains accurate records of
each producer's production and sales. Using the $16.80 average
spearmint oil price, and Committee production data for each producer,
the Committee estimates that 36 of the 39 Scotch spearmint oil
producers and 89 of the 94 Native spearmint oil producers could be
classified as small entities under the SBA definition.
There is no third party or governmental entity that collects and
reports spearmint oil prices received by spearmint oil handlers.
However, the Committee estimates an average spearmint oil handling
markup at approximately 20 percent of the price received by producers.
Multiplying 1.20 by the 2018 producer price of $16.80 yields a handler
free on board (f.o.b.) price per pound estimate of $20.16.
Multiplying this handler f.o.b. price by spearmint oil utilization
of 1,963,028 pounds results in an estimated handler-level spearmint oil
value of $39.6 million. Dividing this figure by the number of handlers
(8) yields estimated average annual handler receipts of about $5.0
million, which is well below the SBA threshold for small agricultural
service firms.
Furthermore, using confidential data on pounds handled by each
handler, and the abovementioned estimated handler price per pound, the
Committee reported that it is not likely that any of the eight handlers
had a 2018-2019 marketing year spearmint oil sales value that exceeded
the $30 million SBA threshold.
Therefore, in view of the foregoing, the majority of producers of
spearmint oil may be classified as small entities and all of the
handlers of spearmint oil may be classified as small entities.
This final rule establishes the quantity of spearmint oil produced
in the Far West, by class, which handlers may purchase from, or handle
on behalf of, producers during the 2020-2021 marketing year. The
Committee recommended this action to help maintain stability in the
spearmint oil market by matching supply to estimated demand, thereby
avoiding extreme fluctuations in supplies and prices. Establishing
quantities that may be purchased or handled during the marketing year
through volume regulations allows producers to coordinate their
spearmint oil production with the expected market demand. Authority for
this action is provided in Sec. Sec. 985.50, 985.51, and 985.52.
The Committee estimated trade demand for the 2020-2021 marketing
year for both classes of oil at 2,097,042 pounds and expects that the
combined salable carry-in will be 553,248 pounds. The combined required
salable quantity is 1,543,794 pounds. Under volume regulation, total
sales of spearmint oil by producers for the 2020-2021 marketing year
will be held to 2,622,183 pounds (the recommended salable quantity for
both classes of spearmint oil of 2,068,935 pounds plus 553,248 pounds
of carry-in).
This total available supply of 2,622,183 pounds should be more than
adequate to supply the 2,097,042 pounds of anticipated total trade
demand for spearmint oil. In addition, as of May 31, 2019, the total
reserve pool for both classes of spearmint oil stood at 1,184,939
pounds. Furthermore, that quantity is expected to rise over the course
of the 2019-2020 marketing year to 1,308,651. Should trade demand
increase unexpectedly during the 2020-2021 marketing year, reserve pool
spearmint oil could be released into the market to supply that increase
in demand.
The established allotment percentages, upon which 2020-2021
marketing year producer allotments are based, are 38 percent for Scotch
spearmint oil and 49 percent for Native spearmint oil. Without volume
regulation, producers will not be held to these allotment levels, and
could sell unrestricted quantities of spearmint oil.
The USDA econometric model used to evaluate the Far West spearmint
oil market estimated that the season average producer price per pound
(from both classes of spearmint oil) would decline about $2.10 per
pound without volume regulation. The surplus situation for the
spearmint oil market that would exist without volume regulation in the
2020-2021 marketing year also would likely dampen prospects for
improved producer prices in future years because of the excessive
buildup in stocks.
In addition, the econometric model estimated that spearmint oil
prices would fluctuate with greater amplitude in the absence of volume
regulation. The coefficient of variation, or CV (a standard measure of
variability), of Far West spearmint oil producer prices for the period
1980-2018 (the years in which the Order has been in effect), is 25
percent, compared to 49 percent for the 20-year period (1960-1979)
immediately prior to the establishment of the Order. Since higher CV
values correspond to greater variability, this is an indicator of the
price stabilizing impact of the Order.
The use of volume regulation allows the industry to fully supply
spearmint oil markets while avoiding the negative consequences of over-
supplying these markets. The use of volume regulation is believed to
have little or no effect on consumer prices of products containing
spearmint oil and will not result in fewer retail sales of such
products.
The Committee discussed alternatives to its recommended volume
regulation levels for both classes of spearmint oil. The Committee
rejected the idea of not regulating any volume for either class of
spearmint oil because of the severe, price-depressing effects that will
likely occur without volume regulation. The Committee also discussed
and considered salable quantities and allotment percentages that were
above and below the levels that were ultimately recommended for both
classes of spearmint oil. Ultimately, the action recommended by the
Committee was to maintain the allotment percentage for Scotch spearmint
oil (which will slightly increase the salable quantity) and to decrease
both the salable quantity and allotment percentage for Native spearmint
oil from the levels established for the 2019-2020 marketing year.
As noted earlier, the Committee's recommendation to establish
salable quantities and allotment percentages for both classes of
spearmint oil was made after careful consideration of all available
information including: (1) The estimated quantity of salable oil of
each class held by producers and handlers; (2) the estimated demand for
each class of oil; (3) the prospective production of each class of oil;
(4) the total of allotment bases of each class of oil for the current
marketing year and the estimated total of allotment bases of each class
for the ensuing marketing year; (5) the quantity of reserve oil, by
class, in storage; (6) producer prices of oil, including prices for
each class of oil; and (7) general market conditions for
[[Page 35550]]
each class of oil, including whether the estimated season average price
to producers is likely to exceed parity.
Based on its review, the Committee believes that the salable
quantities and allotment percentages established in this rule will
achieve the objectives sought. The Committee also believes that, should
there be no volume regulation in effect for the upcoming marketing
year, the Far West spearmint oil industry will return to the pronounced
cyclical price patterns that occurred prior to the promulgation of the
Order. As previously stated, annual salable quantities and allotment
percentages have been issued for both classes of spearmint oil since
the Order's inception. The salable quantities and allotment percentages
established herein are expected to facilitate the goal of maintaining
orderly marketing conditions for Far West spearmint oil for the 2020-
2021 and future marketing years.
Costs to producers and handlers, large and small, resulting from
this action are expected to be offset by the benefits derived from a
more stable market and increased returns. The benefits of this rule are
expected to be equally available to all producers and handlers
regardless of their size.
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, Vegetable
and 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 rule establishes the salable quantities and allotment
percentages for Scotch spearmint oil and Native spearmint oil produced
in the Far West during the 2020-2021 marketing year. Accordingly, this
rule does not impose any additional reporting or recordkeeping
requirements on either small or large spearmint oil producers or
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. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this final rule.
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.
A proposed rule concerning this action was published in the Federal
Register on February 20, 2020 (85 FR 9699). Copies of the proposed rule
were also mailed or sent via facsimile to all Far West spearmint oil
handlers. The proposal was made available through the internet by USDA
and the Office of the Federal Register. A 60-day comment period ending
April 20, 2020, was provided for interested persons to respond to the
proposal. No comments were received during the comment period.
Accordingly, no changes will be made to the rule as proposed.
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.
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 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.
For the reasons set forth in the preamble, 7 CFR part 985 is
amended as follows:
PART 985--MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL
PRODUCED IN THE FAR WEST
0
1. The authority citation for 7 CFR part 985 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Add Sec. 985.235 to read as follows:
Sec. 985.235 Salable quantities and allotment percentages--2020-2021
marketing year.
The salable quantity and allotment percentage for each class of
spearmint oil during the marketing year beginning on June 1, 2020,
shall be as follows:
(a) Class 1 (Scotch) oil--a salable quantity of 838,404 pounds and
an allotment percentage of 38 percent.
(b) Class 3 (Native) oil--a salable quantity of 1,230,531 pounds
and an allotment percentage of 49 percent.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-10945 Filed 6-10-20; 8:45 am]
BILLING CODE 3410-02-P
