80 FR 16552 - Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) Spearmint Oil for the 2014-2015 Marketing Year
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 60 (March 30, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16552-16553 | |
| FR Document | 2015-07110 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Rules and Regulations] [Pages 16552-16553] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07110] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Doc. No. AMS-FV-13-0087; FV14-985-1A FIR] Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) Spearmint Oil for the 2014-2015 Marketing Year AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting as a final rule, without change, an interim rule recommended by the Spearmint Oil Administrative Committee (Committee) that revised the quantity of Class 1 (Scotch) spearmint oil that handlers may purchase from or handle on behalf of, producers during the 2014-2015 marketing year under the Far West spearmint oil marketing order. The Committee locally administers the order and is comprised of producers and handlers of spearmint oil. The interim rule increased the Scotch spearmint oil salable quantity from 1,149,030 pounds to 1,984,423 pounds and the allotment percentage from 55 percent to 95 percent. This change is expected to help maintain orderly marketing conditions in the Far West spearmint oil market. DATES: Effective March 30, 2015. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720- 2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 985 (7 CFR part 985), as amended, regulating the handling of spearmint oil produced in the Far West (Washington, Idaho, Oregon, and designated parts of Nevada and Utah), hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. The handling of spearmint oil produced in the Far West is regulated by the order and is administered locally by the Committee. Under the authority of the order, salable quantities and allotment percentages were established for both Scotch and Native spearmint oil for the 2014- 2015 marketing year. However, early in the 2014-2015 marketing year, it became evident to the Committee and the industry that demand for Scotch spearmint oil was greater than previously projected and an intra- seasonal increase in the salable quantity and allotment percentage for Scotch spearmint oil was necessary to adequately supply the increased demand. Therefore, this rule continues in effect the rule that increased the Scotch spearmint oil salable quantity from 1,149,030 pounds to 1,984,423 pounds and the allotment percentage from 55 percent to 95 percent. In an interim rule published in the Federal Register on October 31, 2014, and effective June 1, 2014, through May 31, 2015 (79 FR 64657, Doc. No. AMS-FV-13-0087, FV14-985-1A IR), Sec. 985.233 was amended to reflect the aforementioned increases in the salable quantity and allotment percentage for Scotch spearmint oil for the 2014-2015 marketing year. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of 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 8 spearmint oil handlers subject to regulation under the order, and approximately 39 producers of Scotch spearmint oil and approximately 91 producers of Native spearmint oil in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). Based on the SBA's definition of small entities, the Committee estimates that 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 22 of the 39 Scotch spearmint oil producers and 29 of the 91 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 could drive end users to source their 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. [[Page 16553]] This rule increases the quantity of Scotch spearmint oil that handlers may purchase from or handle on behalf of producers during the 2014-2015 marketing year, which ends on May 31, 2015. The 2014-2015 Scotch spearmint oil salable quantity was initially established at 1,149,030 pounds and the allotment percentage initially set at 55 percent. This rule increases the Scotch spearmint oil salable quantity to 1,984,423 pounds and the allotment percentage to 95 percent. The Committee reached its decision to recommend an increase in the salable quantity and allotment percentage for Scotch spearmint oil after careful consideration of all available information. With the increase, the Committee believes that the industry will be able to satisfactorily meet the current market demand for this class of spearmint oil. This rule amends the salable quantities and allotment percentages previously established in Sec. 985.233. Authority for this action is provided in Sec. Sec. 985.50, 985.51, and 985.52 of the order. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, Vegetable and Specialty Crop Marketing Orders. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large spearmint oil handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the spearmint oil industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the September 11, 2014, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Comments on the interim rule were required to be received on or before December 30, 2014. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-13-0087-0003. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (79 FR 64657, October 31, 2014) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 985 Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil. Accordingly, the interim rule that amended 7 CFR part 985 and that was published at 79 FR 64657 on October 31, 2014, is adopted as a final rule, without change. Dated: March 24, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-07110 Filed 3-27-15; 8:45 am] BILLING CODE P
![16552 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
■ 2. In § 985.233, revise paragraph (b) to Small businesses may obtain considered the economic impact of this
read as follows: information on complying with this and action on small entities. Accordingly,
other marketing order regulations by AMS has prepared this final regulatory
§ 985.233 Salable quantities and allotment viewing a guide at the following Web flexibility analysis.
percentages—2014–2015 marketing year.
site: http://www.ams.usda.gov/ The purpose of the RFA is to fit
* * * * * MarketingOrdersSmallBusinessGuide; regulatory actions to the scale of
(b) Class 3 (Native) oil—a salable or by contacting Jeffrey Smutny, businesses subject to such actions in
quantity of 1,351,704 pounds and an Marketing Order and Agreement order that small businesses will not be
allotment percentage of 57 percent. Division, Fruit and Vegetable Program, unduly or disproportionately burdened.
Dated: March 24, 2015. AMS, USDA, 1400 Independence Marketing orders issued pursuant to the
Rex A. Barnes, Avenue SW., STOP 0237, Washington, Act, and the rules issued thereunder, are
Associate Administrator, Agricultural DC 20250–0237; Telephone: (202) 720– unique in that they are brought about
Marketing Service. 2491, Fax: (202) 720–8938, or Email: through group action of essentially
[FR Doc. 2015–07114 Filed 3–27–15; 8:45 am] Jeffrey.Smutny@ams.usda.gov. small entities acting on their own
BILLING CODE P SUPPLEMENTARY INFORMATION: This rule behalf.
is issued under Marketing Order No. There are 8 spearmint oil handlers
985 (7 CFR part 985), as amended, subject to regulation under the order,
DEPARTMENT OF AGRICULTURE regulating the handling of spearmint oil and approximately 39 producers of
produced in the Far West (Washington, Scotch spearmint oil and approximately
Agricultural Marketing Service Idaho, Oregon, and designated parts of 91 producers of Native spearmint oil in
Nevada and Utah), hereinafter referred the regulated production area. Small
7 CFR Part 985 to as the ‘‘order.’’ The order is effective agricultural service firms are defined by
[Doc. No. AMS–FV–13–0087; FV14–985–1A under the Agricultural Marketing the Small Business Administration
FIR] Agreement Act of 1937, as amended (7 (SBA) as those having annual receipts of
U.S.C. 601–674), hereinafter referred to less than $7,000,000, and small
Marketing Order Regulating the as the ‘‘Act.’’ agricultural producers are defined as
Handling of Spearmint Oil Produced in The Department of Agriculture those having annual receipts of less than
the Far West; Revision of the Salable (USDA) is issuing this rule in $750,000 (13 CFR 121.201).
Quantity and Allotment Percentage for conformance with Executive Orders Based on the SBA’s definition of
Class 1 (Scotch) Spearmint Oil for the 12866, 13563, and 13175. small entities, the Committee estimates
2014–2015 Marketing Year The handling of spearmint oil that only two of the eight handlers
produced in the Far West is regulated by regulated by the order could be
AGENCY: Agricultural Marketing Service, considered small entities. Most of the
the order and is administered locally by
USDA. the Committee. Under the authority of handlers are large corporations involved
ACTION: Affirmation of interim rule as the order, salable quantities and in the international trading of essential
final rule. allotment percentages were established oils and the products of essential oils.
for both Scotch and Native spearmint oil In addition, the Committee estimates
SUMMARY: The Department of
for the 2014–2015 marketing year. that 22 of the 39 Scotch spearmint oil
Agriculture (USDA) is adopting as a producers and 29 of the 91 Native
final rule, without change, an interim However, early in the 2014–2015
marketing year, it became evident to the spearmint oil producers could be
rule recommended by the Spearmint Oil classified as small entities under the
Administrative Committee (Committee) Committee and the industry that
demand for Scotch spearmint oil was SBA definition. Thus, the majority of
that revised the quantity of Class 1 handlers and producers of Far West
(Scotch) spearmint oil that handlers greater than previously projected and an
intra-seasonal increase in the salable spearmint oil may not be classified as
may purchase from or handle on behalf small entities.
of, producers during the 2014–2015 quantity and allotment percentage for
Scotch spearmint oil was necessary to The use of volume control regulation
marketing year under the Far West allows the spearmint oil industry to
spearmint oil marketing order. The adequately supply the increased
demand. Therefore, this rule continues fully supply spearmint oil markets
Committee locally administers the order while avoiding the negative
and is comprised of producers and in effect the rule that increased the
Scotch spearmint oil salable quantity consequences of over-supplying these
handlers of spearmint oil. The interim markets. Without volume control
from 1,149,030 pounds to 1,984,423
rule increased the Scotch spearmint oil regulation, the supply and price of
pounds and the allotment percentage
salable quantity from 1,149,030 pounds spearmint oil would likely fluctuate
from 55 percent to 95 percent.
to 1,984,423 pounds and the allotment In an interim rule published in the widely. Periods of oversupply could
percentage from 55 percent to 95 Federal Register on October 31, 2014, result in low producer prices and a large
percent. This change is expected to help and effective June 1, 2014, through May volume of oil stored and carried over to
maintain orderly marketing conditions 31, 2015 (79 FR 64657, Doc. No. AMS– future crop years. Periods of
in the Far West spearmint oil market. FV–13–0087, FV14–985–1A IR), undersupply could lead to excessive
DATES: Effective March 30, 2015. § 985.233 was amended to reflect the price spikes and could drive end users
FOR FURTHER INFORMATION CONTACT: aforementioned increases in the salable to source their flavoring needs from
Barry Broadbent, Senior Marketing quantity and allotment percentage for other markets, potentially causing long-
asabaliauskas on DSK5VPTVN1PROD with RULES
Specialist, or Gary Olson, Regional Scotch spearmint oil for the 2014–2015 term economic damage to the domestic
Director, Northwest Marketing Field marketing year. spearmint oil industry. The order’s
Office, Marketing Order and Agreement volume control provisions have been
Division, Fruit and Vegetable Program, Final Regulatory Flexibility Analysis successfully implemented in the
AMS, USDA; Telephone: (503) 326– Pursuant to requirements set forth in domestic spearmint oil industry since
2724, Fax: (503) 326–7440, or Email: the Regulatory Flexibility Act (RFA) (5 1980 and provide benefits for producers,
Barry.Broadbent@ams.usda.gov or U.S.C. 601–612), the Agricultural handlers, manufacturers, and
GaryD.Olson@ams.usda.gov. Marketing Service (AMS) has consumers.
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![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16553
This rule increases the quantity of adopting the interim rule as a final rule, are issuing this AD to require actions to
Scotch spearmint oil that handlers may without change. address the unsafe condition on these
purchase from or handle on behalf of To view the interim rule, go to: products.
producers during the 2014–2015 http://www.regulations.gov/#!document
DATES: This AD is effective May 4, 2015.
marketing year, which ends on May 31, Detail;D=AMS-FV-13-0087-0003.
This action also affirms information The Director of the Federal Register
2015. The 2014–2015 Scotch spearmint
contained in the interim rule concerning approved the incorporation by reference
oil salable quantity was initially
Executive Orders 12866, 12988, 13175, of a certain publication listed in the AD
established at 1,149,030 pounds and the
and 13563; the Paperwork Reduction as of May 4, 2015.
allotment percentage initially set at 55
percent. This rule increases the Scotch Act (44 U.S.C. Chapter 35); and the E- ADDRESSES: You may examine the AD
spearmint oil salable quantity to Gov Act (44 U.S.C. 101). docket on the Internet at http://
1,984,423 pounds and the allotment After consideration of all relevant www.regulations.gov by searching for
percentage to 95 percent. material presented, it is found that and locating Docket No. FAA–2014–
The Committee reached its decision to finalizing the interim rule, without 1002; or in person at Document
recommend an increase in the salable change, as published in the Federal Management Facility, U.S. Department
quantity and allotment percentage for Register (79 FR 64657, October 31, of Transportation, Docket Operations,
Scotch spearmint oil after careful 2014) will tend to effectuate the M–30, West Building Ground Floor,
consideration of all available declared policy of the Act. Room W12–140, 1200 New Jersey
information. With the increase, the Avenue SE., Washington, DC 20590.
List of Subjects in 7 CFR Part 985 For service information identified in
Committee believes that the industry
will be able to satisfactorily meet the Marketing agreements, Oils and fats, this AD, contact Pacific Aerospace
current market demand for this class of Reporting and recordkeeping Limited, Airport Road, Private Bag 3027,
spearmint oil. This rule amends the requirements, Spearmint oil. Hamilton 3240, New Zealand;
salable quantities and allotment Accordingly, the interim rule that telephone: +64 7 843 6144; fax: +64 7
percentages previously established in amended 7 CFR part 985 and that was 843 6134; email: pacific@
§ 985.233. Authority for this action is published at 79 FR 64657 on October aerospace.co.nz; Internet: http://
provided in §§ 985.50, 985.51, and 31, 2014, is adopted as a final rule, www.aerospace.co.nz/. You may view
985.52 of the order. without change. this referenced service information at
In accordance with the Paperwork Dated: March 24, 2015. the FAA, Small Airplane Directorate,
Reduction Act of 1995 (44 U.S.C. 901 Locust, Kansas City, Missouri
Rex A. Barnes,
Chapter 35), the order’s information 64106. For information on the
Associate Administrator, Agricultural
collection requirements have been availability of this material at the FAA,
Marketing Service.
previously approved by the Office of call (816) 329–4148. It is also available
[FR Doc. 2015–07110 Filed 3–27–15; 8:45 am]
Management and Budget (OMB) and on the Internet at http://
BILLING CODE P
assigned OMB No. 0581–0178, www.regulations.gov by searching for
Vegetable and Specialty Crop Marketing and locating Docket No. FAA–2014–
Orders. No changes in those 1002.
DEPARTMENT OF TRANSPORTATION
requirements as a result of this action FOR FURTHER INFORMATION CONTACT: Karl
are necessary. Should any changes Federal Aviation Administration Schletzbaum, Aerospace Engineer, FAA,
become necessary, they would be Small Airplane Directorate, 901 Locust,
submitted to OMB for approval. 14 CFR Part 39 Room 301, Kansas City, Missouri 64106;
This rule will not impose any telephone: (816) 329–4123; fax: (816)
additional reporting or recordkeeping [Docket No. FAA–2014–1002; Directorate
329–4090; email: karl.schletzbaum@
Identifier 2014–CE–033–AD; Amendment
requirements on either small or large faa.gov.
39–18127; AD 2015–06–09]
spearmint oil handlers. As with all
SUPPLEMENTARY INFORMATION:
Federal marketing order programs, RIN 2120–AA64
reports and forms are periodically Discussion
reviewed to reduce information Airworthiness Directives; Pacific
Aerospace Limited Airplanes We issued a notice of proposed
requirements and duplication by
rulemaking (NPRM) to amend 14 CFR
industry and public sector agencies. In AGENCY: Federal Aviation part 39 to add an AD that would apply
addition, USDA has not identified any Administration (FAA), Department of to Pacific Aerospace Limited Model
relevant Federal rules that duplicate, Transportation (DOT). 750XL airplanes. The NPRM was
overlap, or conflict with this rule. ACTION: Final rule. published in the Federal Register on
Further, the Committee’s meeting was December 8, 2014 (79 FR 72564). The
widely publicized throughout the SUMMARY: We are adopting a new NPRM proposed to correct an unsafe
spearmint oil industry and all interested airworthiness directive (AD) for Pacific condition for the specified products and
persons were invited to attend the Aerospace Limited (PAL) Model 750XL was based on mandatory continuing
meeting and participate in Committee airplanes. This AD results from airworthiness information (MCAI)
deliberations. Like all Committee mandatory continuing airworthiness originated by an aviation authority of
meetings, the September 11, 2014, information (MCAI) issued by an another country. The MCAI states:
asabaliauskas on DSK5VPTVN1PROD with RULES
meeting was a public meeting and all aviation authority of another country to
entities, both large and small, were able identify and correct an unsafe condition This AD with effective date 10 November
to express their views on this issue. on an aviation product. The MCAI 2014 is prompted by a recent determination
that certain PAL750XL aircraft were
Comments on the interim rule were describes the unsafe condition as PAL inadvertently manufactured with instrument
required to be received on or before Model 750XL airplanes manufactured panels with only one Attitude Indicator (AI).
December 30, 2014. No comments were with only one attitude indicator. A A second AI is required for PAL750XL
received. Therefore, for the reasons second attitude indicator is required for operating under Instrument Flight Rules
given in the interim rule, we are flights under instrument flight rules. We (IFR).
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Document Created: 2015-12-18 11:32:59
Document Modified: 2015-12-18 11:32:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective March 30, 2015. | |
| Contact | Barry Broadbent, Senior Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 16552 | |
| CFR Associated | Marketing Agreements; Oils and Fats; Reporting and Recordkeeping Requirements and Spearmint Oil |
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