80 FR 30130 - Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2014-2015 Marketing Year
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 101 (May 27, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30130-30132 | |
| FR Document | 2015-12758 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Rules and Regulations] [Pages 30130-30132] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12758] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Doc. No. AMS-FV-13-0087; FV14-985-1B FIR] Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 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 3 (Native) 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 spearmint oil producers operating within the production area. The interim rule increased the Native spearmint oil salable quantity from 1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54 percent. This change is expected to help maintain orderly marketing conditions in the Far West spearmint oil market. DATES: Effective May 27, 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. [[Page 30131]] 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, during the course of the 2014-2015 marketing year, it became evident to the Committee and the industry that demand for Native spearmint oil was greater than previously projected and an intra-seasonal increase in the salable quantity and allotment percentage for Native spearmint oil was necessary to adequately supply the increased demand. Therefore, this rule continues in effect the rule that increased the Native spearmint oil salable quantity from 1,090,821 pounds to 1,280,561 pounds and the allotment percentage from 46 percent to 54 percent. In an interim rule published in the Federal Register on January 22, 2015, effective on January 22, 2015, and applicable to the 2014-2015 marketing year (80 FR 3142, Doc. No. AMS-FV-13-0087, FV14-985-1B IR), Sec. 985.233 was amended to reflect the aforementioned increase in the salable quantity and allotment percentage for Native 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. This rule increases the quantity of Native 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 Native spearmint oil salable quantity was initially established at 1,090,821 pounds and the allotment percentage initially set at 46 percent. This rule increases the Native spearmint oil salable quantity to 1,280,561 pounds and the allotment percentage to 54 percent. The Committee reached its decision to recommend an increase in the salable quantity and allotment percentage for Native 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 November 5, 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 March 23, 2015. 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-13-0087-0004. 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 [[Page 30132]] Register (80 FR 3142, January 22, 2015) 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 80 FR 3142 on January 22, 2015, is adopted as a final rule, without change. Dated: May 21, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-12758 Filed 5-26-15; 8:45 am] BILLING CODE 3410-02-P
![30130 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
producers may not be classified as small Committee deliberations. Like all DEPARTMENT OF AGRICULTURE
entities. Committee meetings, the May 14, 2014,
This rule continues in effect the meeting was a public meeting and all Agricultural Marketing Service
action that relaxed the quantity of entities, both large and small, were able
potatoes that may be handled without to express their views on this issue. 7 CFR Part 985
regard to the requirements of [Doc. No. AMS–FV–13–0087; FV14–985–1B
§ 948.387(a) and (b) of the order from Comments on the interim rule were
required to be received on or before FIR]
1,000 to 2,000 pounds. Authority for the
establishment and modification of a March 23, 2015. One comment was Marketing Order Regulating the
minimum quantity exception is received during the comment period in Handling of Spearmint Oil Produced in
provided in § 948.22(b)(2) of the order. response to the proposal. The the Far West; Revision of the Salable
This rule amends the provisions in commenter opposed the proposed Quantity and Allotment Percentage for
§ 948.387(f). relaxation. The recommendations made Class 3 (Native) Spearmint Oil for the
This action is not expected to increase by the commenter were to withdraw the 2014–2015 Marketing Year
the costs associated with the order’s change or to increase the exemption to
requirements. Rather, it is anticipated 20,000 pounds. An increase of the AGENCY: Agricultural Marketing Service,
that this change will have a beneficial USDA.
minimum quantity exception to 20,000
impact. The Committee believes it will ACTION: Affirmation of interim rule as
pounds would eliminate the need for
provide greater flexibility in the the order, which is not the final rule.
distribution of small quantities of recommendation of the industry. Also, SUMMARY: The Department of
potatoes. Currently, the distribution of this action was initiated from a Agriculture (USDA) is adopting, as a
potatoes between 1,000 and 2,000 unanimous recommendation of the final rule, without change, an interim
pounds requires an inspection and
Committee, which represents a cross- rule recommended by the Spearmint Oil
certification that the product conforms
section of the Colorado Area No. 3 Administrative Committee (Committee)
to the grade, size, and maturity
potato industry. Accordingly, no that revised the quantity of Class 3
requirements of the order. This
changes will be made to the rule. (Native) spearmint oil that handlers may
translates into a cost for handlers of
purchase from, or handle on behalf of,
both time and inspection fees, which is To view the interim rule, go to:
producers during the 2014–2015
high in relation to the small value http://www.regulations.gov/
marketing year under the Far West
(approximately $214.00 per pallet) of #!docketDetail;D=AMS-FV-14-0092. spearmint oil marketing order. The
these transactions. This action will This action also affirms information Committee locally administers the order
allow shipments of up to 2,000 pounds
contained in the interim rule concerning and is comprised of spearmint oil
of potatoes without regard to the order’s
Executive Orders 12866, 12988, 13175, producers operating within the
handling requirements and the related
and 13563; the Paperwork Reduction production area. The interim rule
costs. The benefits for this rule are
Act (44 U.S.C. Chapter 35); and the E- increased the Native spearmint oil
expected to be equally available to all
Gov Act (44 U.S.C. 101). salable quantity from 1,090,821 pounds
fresh potato producers and handlers,
to 1,280,561 pounds and the allotment
regardless of their size. After consideration of all relevant
In accordance with the Paperwork percentage from 46 percent to 54
material presented, it is found that percent. This change is expected to help
Reduction Act of 1995 (44 U.S.C. finalizing the interim rule, without
Chapter 35), the order’s information maintain orderly marketing conditions
change, as published in the Federal in the Far West spearmint oil market.
collection requirements have been Register (80 FR 3140, January 22, 2015)
previously approved by the Office of DATES: Effective May 27, 2015.
will tend to effectuate the declared
Management and Budget (OMB) and FOR FURTHER INFORMATION CONTACT:
policy of the Act. Barry Broadbent, Senior Marketing
assigned OMB No. 0581–0178 (Generic
Vegetable and Specialty Crops). No List of Subjects in 7 CFR Part 948 Specialist, or Gary Olson, Regional
changes in those requirements as a Director, Northwest Marketing Field
result of this action are necessary. Marketing agreements, Potatoes, Office, Marketing Order and Agreement
Should any changes become necessary, Reporting and recordkeeping Division, Fruit and Vegetable Program,
they would be submitted to OMB for requirements. AMS, USDA; Telephone: (503) 326–
approval. 2724, Fax: (503) 326–7440, or Email:
Accordingly, the interim rule that
This rule will not impose any Barry.Broadbent@ams.usda.gov or
amended 7 CFR part 948 and that was
additional reporting or recordkeeping GaryD.Olson@ams.usda.gov.
published at 80 FR 3140 on January 22, Small businesses may obtain
requirements on either small or large
2015, is adopted as a final rule, without information on complying with this and
Colorado Area No. 3 potato handlers. As
change. other marketing order regulations by
with all Federal marketing order
programs, reports and forms are Dated: May 21, 2015. viewing a guide at the following Web
periodically reviewed to reduce Rex A. Barnes, site: http://www.ams.usda.gov/
information requirements and Associate Administrator, Agricultural
MarketingOrdersSmallBusinessGuide;
duplication by industry and public Marketing Service. or by contacting Jeffrey Smutny,
sector agencies. In addition, USDA has Marketing Order and Agreement
[FR Doc. 2015–12751 Filed 5–26–15; 8:45 am]
not identified any relevant Federal rules Division, Fruit and Vegetable Program,
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3410–02–P
that duplicate, overlap or conflict with AMS, USDA, 1400 Independence
this rule. Avenue SW., STOP 0237, Washington,
Further, the Committee’s meeting was DC 20250–0237; Telephone: (202) 720–
widely publicized throughout the 2491, Fax: (202) 720–8938, or Email:
Colorado Area No. 3 potato industry and Jeffrey.Smutny@ams.usda.gov.
all interested persons were invited to SUPPLEMENTARY INFORMATION: This rule
attend the meeting and participate in is issued under Marketing Order No.
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![30132 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
Register (80 FR 3142, January 22, 2015) • Federal eRegulations Portal: Go to conditions effective upon publication in
will tend to effectuate the declared http://www.regulations.gov/ and follow the Federal Register.
policy of the Act. the online instructions for sending your
Comments Invited
comments electronically.
List of Subjects in 7 CFR Part 985
• Mail: Send comments to Docket We invite interested people to take
Marketing agreements, Oils and fats, Operations, M–30, U.S. Department of part in this rulemaking by sending
Reporting and recordkeeping Transportation (DOT), 1200 New Jersey written comments, data, or views. The
requirements, Spearmint oil. Avenue SE., Room W12–140, West most helpful comments reference a
Accordingly, the interim rule that Building Ground Floor, Washington, DC specific portion of the special
amended 7 CFR part 985 and that was 20590–0001. conditions, explain the reason for any
published at 80 FR 3142 on January 22, • Hand Delivery or Courier: Take recommended change, and include
2015, is adopted as a final rule, without comments to Docket Operations in supporting data.
change. Room W12–140 of the West Building We will consider all comments we
Ground Floor at 1200 New Jersey receive by the closing date for
Dated: May 21, 2015. comments. We may change these special
Avenue SE., Washington, DC, between 9
Rex A. Barnes, a.m. and 5 p.m., Monday through conditions based on the comments we
Associate Administrator, Agricultural Friday, except Federal holidays. receive.
Marketing Service. • Fax: Fax comments to Docket
[FR Doc. 2015–12758 Filed 5–26–15; 8:45 am]
Background
Operations at 202–493–2251.
BILLING CODE 3410–02–P Privacy: The FAA will post all On December 10, 2009, Bombardier
comments it receives, without change, Aerospace applied for a type certificate
to http://www.regulations.gov/, for their new Models BD–500–1A10 and
DEPARTMENT OF TRANSPORTATION including any personal information the BD–500–1A11 series airplanes (hereafter
commenter provides. Using the search collectively referred to as ‘‘CSeries’’).
Federal Aviation Administration function of the docket Web site, anyone The CSeries airplanes are swept-wing
can find and read the electronic form of monoplanes with an aluminum alloy
14 CFR Part 25 all comments received into any FAA fuselage, sized for 5-abreast seating.
docket, including the name of the Passenger capacity is designated as 110
[Docket No. FAA–2015–1819; Special
Conditions No. 25–583–SC] individual sending the comment (or for the Model BD–500–1A10 and 125 for
signing the comment for an association, the Model BD–500–1A11. Maximum
Special Conditions: Bombardier business, labor union, etc.). DOT’s takeoff weight is 131,000 pounds for the
Aerospace, Models BD–500–1A10 and complete Privacy Act Statement can be Model BD–500–1A10 and 144,000
BD–500–1A11 Series Airplanes; found in the Federal Register published pounds for the Model BD–500–1A11.
Operation Without Normal Electrical on April 11, 2000 (65 FR 19477–19478), The CSeries airplanes will have an
Power as well as at http:// electronic flight control system.
AGENCY: Federal Aviation DocketsInfo.dot.gov/. Type Certification Basis
Administration (FAA), DOT. Docket: Background documents or
comments received may be read at Under the provisions of Title 14, Code
ACTION: Final special conditions; request of Federal Regulations (14 CFR) 21.17,
http://www.regulations.gov/ at any time.
for comments. Bombardier Aerospace must show that
Follow the online instructions for
accessing the docket or go to the Docket the CSeries airplanes meet the
SUMMARY: These special conditions are applicable provisions of 14 CFR part 25
issued for the Bombardier Aerospace Operations in Room W12–140 of the
West Building Ground Floor at 1200 as amended by Amendments 25–1
Models BD–500–1A10 and BD–500– through 25–129.
1A11 series airplanes. These airplanes New Jersey Avenue SE., Washington,
If the Administrator finds that the
will have novel or unusual design DC, between 9 a.m. and 5 p.m., Monday
applicable airworthiness regulations
features when compared to the state of through Friday, except Federal holidays.
(i.e., 14 CFR part 25) do not contain
technology envisioned in the FOR FURTHER INFORMATION CONTACT: adequate or appropriate safety standards
airworthiness standards for transport Massoud Sadeghi, FAA, Airplane and for the CSeries airplanes because of a
category airplanes. These design Flight Crew Interface Branch, ANM– novel or unusual design feature, special
features are electrical and electronic 111, Transport Airplane Directorate, conditions are prescribed under the
systems that perform critical functions, Aircraft Certification Service, 1601 Lind provisions of § 21.16.
the loss of which could be catastrophic Avenue SW., Renton, Washington, Special conditions are initially
to the airplane. The applicable 98057–3356; telephone 425–227–2117; applicable to the model for which they
airworthiness regulations do not contain facsimile 425–227–1149. are issued. Should the type certificate
adequate or appropriate safety standards SUPPLEMENTARY INFORMATION: The FAA for that model be amended later to
for these design features. These special has determined that notice of, and include any other model that
conditions contain the additional safety opportunity for prior public comment incorporates the same or similar novel
standards that the Administrator on, these special conditions is or unusual design feature, the special
considers necessary to establish a level impracticable because these procedures conditions would also apply to the other
of safety equivalent to that established would significantly delay issuance of model.
by the existing airworthiness standards. the design approval and thus delivery of In addition to the applicable
mstockstill on DSK4VPTVN1PROD with RULES
DATES: This action is effective on the affected airplanes. In addition, the airworthiness regulations and special
Bombardier Aerospace on May 27, 2015. substance of these special conditions conditions, the CSeries airplanes must
We must receive your comments by has been subject to the public comment comply with the fuel vent and exhaust
June 26, 2015. process in several prior instances with emission requirements of 14 CFR part
ADDRESSES: Send comments identified no substantive comments received. The 34 and the noise certification
by docket number FAA–2015–1819 FAA therefore finds that good cause requirements of 14 CFR part 36, and the
using any of the following methods: exists for making these special FAA must issue a finding of regulatory
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Document Created: 2015-12-15 15:35:46
Document Modified: 2015-12-15 15:35:46
| 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 May 27, 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 30130 | |
| CFR Associated | Marketing Agreements; Oils and Fats; Reporting and Recordkeeping Requirements and Spearmint Oil |
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