80 FR 50543 - 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 161 (August 20, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 161 (August 20, 2015)
| Page Range | 50543-50544 | |
| FR Document | 2015-20442 |
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)] [Rules and Regulations] [Pages 50543-50544] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20442] ======================================================================== 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations [[Page 50543]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Doc. No. AMS-FV-13-0087; FV14-985-1C 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 further 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 salable quantity and allotment percentage for Native spearmint oil was initially established at 1,090,821 pounds and 46 percent, respectively, and was subsequently increased to 1,280,561 pounds and 54 percent in a separate rulemaking action. This action further increases the Native spearmint oil salable quantity to 1,351,704 pounds and the allotment percentage to 57 percent for the 2014-2015 marketing year. This change is expected to help maintain orderly marketing conditions in the Far West spearmint oil market. DATES: Effective August 21, 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: Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: 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: Jeffrey.Smutny@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 985 (7 CFR part 985), as amended, regulating the handling of spearmint oil produced in the Far West (Washington, Idaho, Oregon, and designated parts of Nevada and Utah), hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive 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. The salable quantity and allotment percentage was subsequently increased from 1,090,821 pounds and 46 percent to 1,280,561 and 54 percent in a separate rulemaking action. The increased salable quantity and allotment percentage proved insufficient to fully supply demand and were further increased in the interim rule to 1,351,704 pounds and 57 percent. Therefore, this rule continues in effect the interim rule that increased the Native spearmint oil salable quantity from 1,280,561 pounds to 1,351,704 pounds and the allotment percentage from 54 percent to 57 percent. In an interim rule published in the Federal Register on March 30, 2015, effective on March 30, 2015, and applicable to the 2014-2015 marketing year (80 FR 16547, Doc. No. AMS-FV-13-0087, FV14-985-1C 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 [[Page 50544]] 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 ended 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. In a separate rulemaking action, the salable quantity was increased to 1,280,561 pounds and the allotment percentage was increased 54 percent. This rule continues in effect the action that further increased the 2014-2015 Native spearmint oil salable quantity to 1,351,704 and the allotment percentage to 57 percent. The Committee reached its decision to recommend a further increase in the salable quantity and allotment after 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 quantity and allotment percentage previously established for Native spearmint oil 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 February 18, 2015, 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 May 29, 2015. One comment was received. The comment was non- substantive in nature and did not address the merits of the rule. Accordingly, no changes were made to the rule. For the reasons given in the interim rule, we are adopting the interim rule as a final rule. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-13-0087-0006. 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 (80 FR 16547, March, 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 16547 on March 30, 2015, is adopted as a final rule, without change. Dated: August 13, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-20442 Filed 8-19-15; 8:45 am] BILLING CODE 3410-02-P
![50543
Rules and Regulations Federal Register
Vol. 80, No. 161
Thursday, August 20, 2015
This section of the FEDERAL REGISTER Division, Fruit and Vegetable Program, Therefore, this rule continues in effect
contains regulatory documents having general AMS, USDA; Telephone: (503) 326– the interim rule that increased the
applicability and legal effect, most of which 2724, Fax: (503) 326–7440, or Email: Native spearmint oil salable quantity
are keyed to and codified in the Code of Barry.Broadbent@ams.usda.gov or from 1,280,561 pounds to 1,351,704
Federal Regulations, which is published under GaryD.Olson@ams.usda.gov. pounds and the allotment percentage
50 titles pursuant to 44 U.S.C. 1510.
Small businesses may obtain from 54 percent to 57 percent.
The Code of Federal Regulations is sold by information on complying with this and In an interim rule published in the
the Superintendent of Documents. Prices of other marketing order regulations by Federal Register on March 30, 2015,
new books are listed in the first FEDERAL viewing a guide at the following Web effective on March 30, 2015, and
REGISTER issue of each week. site: http://www.ams.usda.gov/ applicable to the 2014–2015 marketing
MarketingOrdersSmallBusinessGuide; year (80 FR 16547, Doc. No. AMS–FV–
or by contacting Jeffrey Smutny, 13–0087, FV14–985–1C IR), § 985.233
DEPARTMENT OF AGRICULTURE Marketing Order and Agreement was amended to reflect the
Division, Fruit and Vegetable Program, aforementioned increase in the salable
Agricultural Marketing Service AMS, USDA, 1400 Independence quantity and allotment percentage for
Avenue SW., STOP 0237, Washington, Native spearmint oil for the 2014–2015
7 CFR Part 985 DC 20250–0237; Telephone: (202) 720– marketing year.
[Doc. No. AMS–FV–13–0087; FV14–985–1C 2491, Fax: (202) 720–8938, or Email: Final Regulatory Flexibility Analysis
FIR] Jeffrey.Smutny@ams.usda.gov.
Pursuant to requirements set forth in
SUPPLEMENTARY INFORMATION: This rule
Marketing Order Regulating the the Regulatory Flexibility Act (RFA) (5
is issued under Marketing Order No. U.S.C. 601–612), the Agricultural
Handling of Spearmint Oil Produced in 985 (7 CFR part 985), as amended,
the Far West; Revision of the Salable Marketing Service (AMS) has
regulating the handling of spearmint oil considered the economic impact of this
Quantity and Allotment Percentage for
produced in the Far West (Washington, action on small entities. Accordingly,
Class 3 (Native) Spearmint Oil for the
Idaho, Oregon, and designated parts of AMS has prepared this final regulatory
2014–2015 Marketing Year
Nevada and Utah), hereinafter referred flexibility analysis.
AGENCY: Agricultural Marketing Service, to as the ‘‘order.’’ The order is effective The purpose of the RFA is to fit
USDA. under the Agricultural Marketing regulatory actions to the scale of
ACTION: Affirmation of interim rule as Agreement Act of 1937, as amended (7 businesses subject to such actions in
final rule. U.S.C. 601–674), hereinafter referred to order that small businesses will not be
as the ‘‘Act.’’ unduly or disproportionately burdened.
SUMMARY: The Department of The Department of Agriculture Marketing orders issued pursuant to the
Agriculture (USDA) is adopting, as a (USDA) is issuing this rule in Act, and the rules issued thereunder, are
final rule, without change, an interim conformance with Executive Orders unique in that they are brought about
rule recommended by the Spearmint Oil 12866, 13563, and 13175. through group action of essentially
Administrative Committee (Committee) The handling of spearmint oil small entities acting on their own
that further revised the quantity of Class produced in the Far West is regulated by behalf.
3 (Native) spearmint oil that handlers the order and is administered locally by There are 8 spearmint oil handlers
may purchase from, or handle on behalf the Committee. Under the authority of subject to regulation under the order,
of, producers during the 2014–2015 the order, salable quantities and and approximately 39 producers of
marketing year under the Far West allotment percentages were established Scotch spearmint oil and approximately
spearmint oil marketing order. The for both Scotch and Native spearmint oil 91 producers of Native spearmint oil in
salable quantity and allotment for the 2014–2015 marketing year. the regulated production area. Small
percentage for Native spearmint oil was However, during the course of the 2014– agricultural service firms are defined by
initially established at 1,090,821 pounds 2015 marketing year, it became evident the Small Business Administration
and 46 percent, respectively, and was to the Committee and the industry that (SBA) as those having annual receipts of
subsequently increased to 1,280,561 demand for Native spearmint oil was less than $7,000,000, and small
pounds and 54 percent in a separate greater than previously projected and an agricultural producers are defined as
rulemaking action. This action further intra-seasonal increase in the salable those having annual receipts of less than
increases the Native spearmint oil quantity and allotment percentage for $750,000 (13 CFR 121.201).
salable quantity to 1,351,704 pounds Native spearmint oil was necessary to Based on the SBA’s definition of
and the allotment percentage to 57 adequately supply the increased small entities, the Committee estimates
percent for the 2014–2015 marketing demand. The salable quantity and that only two of the eight handlers
year. This change is expected to help allotment percentage was subsequently regulated by the order could be
maintain orderly marketing conditions increased from 1,090,821 pounds and 46 considered small entities. Most of the
in the Far West spearmint oil market. percent to 1,280,561 and 54 percent in handlers are large corporations involved
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DATES: Effective August 21, 2015. a separate rulemaking action. The in the international trading of essential
FOR FURTHER INFORMATION CONTACT: increased salable quantity and allotment oils and the products of essential oils.
Barry Broadbent, Senior Marketing percentage proved insufficient to fully In addition, the Committee estimates
Specialist, or Gary Olson, Regional supply demand and were further that 22 of the 39 Scotch spearmint oil
Director, Northwest Marketing Field increased in the interim rule to producers and 29 of the 91 Native
Office, Marketing Order and Agreement 1,351,704 pounds and 57 percent. spearmint oil producers could be
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![50544 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations
classified as small entities under the Vegetable and Specialty Crop Marketing Dated: August 13, 2015.
SBA definition. Thus, the majority of Orders. No changes in those Rex A. Barnes,
handlers and producers of Far West requirements as a result of this action Associate Administrator, Agricultural
spearmint oil may not be classified as are necessary. Should any changes Marketing Service.
small entities. become necessary, they would be [FR Doc. 2015–20442 Filed 8–19–15; 8:45 am]
The use of volume control regulation submitted to OMB for approval. BILLING CODE 3410–02–P
allows the spearmint oil industry to
fully supply spearmint oil markets This rule will not impose any
while avoiding the negative additional reporting or recordkeeping
requirements on either small or large DEPARTMENT OF TRANSPORTATION
consequences of over-supplying these
markets. Without volume control spearmint oil handlers. As with all
Federal Aviation Administration
regulation, the supply and price of Federal marketing order programs,
spearmint oil would likely fluctuate reports and forms are periodically
14 CFR Part 39
widely. Periods of oversupply could reviewed to reduce information
result in low producer prices and a large requirements and duplication by [Docket No. FAA–2014–0282; Directorate
volume of oil stored and carried over to industry and public sector agencies. In Identifier 2012–NM–168–AD; Amendment
39–18242; AD 2015–17–09]
future crop years. Periods of addition, USDA has not identified any
undersupply could lead to excessive relevant Federal rules that duplicate, RIN 2120–AA64
price spikes and could drive end users overlap, or conflict with this rule.
to source their flavoring needs from Airworthiness Directives; Airbus
Further, the Committee’s meeting was
other markets, potentially causing long- Airplanes
widely publicized throughout the
term economic damage to the domestic Federal Aviation
spearmint oil industry and all interested AGENCY:
spearmint oil industry. The order’s Administration (FAA), Department of
persons were invited to attend the
volume control provisions have been Transportation (DOT).
meeting and participate in Committee
successfully implemented in the
domestic spearmint oil industry since deliberations. Like all Committee ACTION: Final rule.
1980 and provide benefits for producers, meetings, the February 18, 2015,
meeting was a public meeting and all SUMMARY: We are superseding
handlers, manufacturers, and Airworthiness Directive (AD) 98–18–02
consumers. entities, both large and small, were able
to express their views on this issue. for certain Airbus Model A300 B4–600,
This rule increases the quantity of
B4–600R, and F4–600R series airplanes,
Native spearmint oil that handlers may Comments on the interim rule were and Model C4–605R variant F airplanes
purchase from or handle on behalf of required to be received on or before May (collectively called A300–600 series
producers during the 2014–2015 29, 2015. One comment was received. airplanes). AD 98–18–02 required
marketing year, which ended on May The comment was non-substantive in inspections to detect cracks in the
31, 2015. The 2014–2015 Native nature and did not address the merits of center spar sealing angles adjacent to
spearmint oil salable quantity was the rule. Accordingly, no changes were the pylon rear attachment and in the
initially established at 1,090,821 pounds made to the rule. For the reasons given adjacent butt strap and skin panel, and
and the allotment percentage initially in the interim rule, we are adopting the
set at 46 percent. In a separate correction of discrepancies. This new
interim rule as a final rule. AD continues to require inspections for
rulemaking action, the salable quantity
was increased to 1,280,561 pounds and To view the interim rule, go to: cracks. This new AD also requires a
the allotment percentage was increased http://www.regulations.gov/ modification by cold expansion of the
54 percent. This rule continues in effect #!documentDetail;D=AMS-FV-13-0087- center spar sealing angles, replacement
the action that further increased the 0006. of both sealing angles and cold
2014–2015 Native spearmint oil salable expansion of the attachment holes if
This action also affirms information necessary, and post-repair repetitive
quantity to 1,351,704 and the allotment contained in the interim rule concerning
percentage to 57 percent. inspections and corrective actions if
Executive Orders 12866, 12988, 13175, necessary. This AD was prompted by
The Committee reached its decision to and 13563; the Paperwork Reduction
recommend a further increase in the reports of cracking in the vertical web
Act (44 U.S.C. Chapter 35); and the E- of the center spar sealing angles of the
salable quantity and allotment after
Gov Act (44 U.S.C. 101). wing, and subsequent analyses that
consideration of all available
information. With the increase, the After consideration of all relevant showed that the inspection threshold
Committee believes that the industry material presented, it is found that and interval specified in AD 98–18–02
will be able to satisfactorily meet the finalizing the interim rule, without must be reduced to allow timely
current market demand for this class of change, as published in the Federal detection of cracks on the sealing angles
spearmint oil. This rule amends the Register (80 FR 16547, March, 2015) of the center spar, adjacent to rib 8. We
salable quantity and allotment will tend to effectuate the declared are issuing this AD to prevent crack
percentage previously established for policy of the Act. formation in the sealing angles, which
Native spearmint oil in § 985.233. could rupture the sealing angle and lead
List of Subjects in 7 CFR Part 985 to subsequent crack formation in the
Authority for this action is provided in
§§ 985.50, 985.51, and 985.52 of the bottom skin of the wing, and result in
Marketing agreements, Oils and fats,
order. reduced structural integrity of the center
Reporting and recordkeeping
In accordance with the Paperwork spar section of the wing.
rmajette on DSK7SPTVN1PROD with RULES
requirements, Spearmint oil.
Reduction Act of 1995 (44 U.S.C. DATES: This AD becomes effective
Chapter 35), the order’s information Accordingly, the interim rule that September 24, 2015.
collection requirements have been amended 7 CFR part 985 and that was The Director of the Federal Register
previously approved by the Office of published at 80 FR 16547 on March 30, approved the incorporation by reference
Management and Budget (OMB) and 2015, is adopted as a final rule, without of certain publications listed in this AD
assigned OMB No. 0581–0178, change. as of September 24, 2015.
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Document Created: 2015-12-15 11:08:50
Document Modified: 2015-12-15 11:08:50
| 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 August 21, 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 50543 | |
| CFR Associated | Marketing Agreements; Oils and Fats; Reporting and Recordkeeping Requirements and Spearmint Oil |
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