[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Rules and Regulations]
[Pages 23371-23374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11446]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 82 / Wednesday, April 29, 1998 /
Rules and Regulations
[[Page 23371]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[FV98-985-2 IFR]
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 1997-98 Marketing
Year
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule increases the quantity of Class 3 (Native) spearmint
oil produced in the Far West that handlers may purchase from, or handle
for, producers during the 1997-98 marketing year. This rule was
recommended by the Spearmint Oil Administrative Committee (Committee),
the agency responsible for local administration of the marketing order
for spearmint oil produced in the Far West. The Committee recommended
this rule to avoid extreme fluctuations in supplies and prices and thus
help to maintain stability in the Far West spearmint oil market.
DATES: Effective on April 30, 1998, through May 31, 1998; comments
received by May 19, 1998, will be considered prior to issuance of a
final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk, Fruit
and Vegetable Programs, AMS, USDA, room 2525, South Building, P.O. Box
96456, Washington, DC 20090-6456; Fax: (202) 205-6632. All comments
should reference the docket number and the date and page number of this
issue of the Federal Register and will be made available for public
inspection in the Office of the Docket Clerk during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Robert J. Curry, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, room 369,
Portland, Oregon 97204-2807; telephone: (503) 326-2724; Fax: (503) 326-
7440; or Anne M. Dec, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, room 2525, South Building, P.O. Box
96456, Washington, DC 20090-6456; telephone: (202) 720-2491; Fax: (202)
205-6632. Small businesses may request information on compliance with
this regulation by contacting: Jay Guerber, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room
2525, South Building, P.O. Box 96456, Washington, DC 20090-6456;
telephone (202) 720-2491; Fax: (202) 205-6632.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 985 (7 CFR Part 985), 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.''
This 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 (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the provisions of the marketing order now in
effect, salable quantities and allotment percentages may be established
for classes of spearmint oil produced in the Far West. This rule
increases the quantity of Native spearmint oil produced in the Far West
that may be purchased from or handled for producers by handlers during
the 1997-98 marketing year, which ends on May 31, 1998. This rule will
not preempt any State or local laws, regulations, or policies, unless
they present an irreconcilable conflict with this rule.
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 the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary 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 the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after date of the entry of the ruling.
The Far West spearmint oil industry is characterized by producers
whose farming operations generally involve more than one commodity and
whose income from farming operations is not exclusively dependent on
the production of spearmint oil. The U.S. production of spearmint oil
is concentrated in the Far West, primarily Washington, Idaho, and
Oregon (part of the area covered by the order). Spearmint oil is also
produced in the Midwest. The production area covered by the order
normally accounts for approximately 75 percent of the annual U.S.
production of spearmint oil.
This rule increases the quantity of Native spearmint oil that
handlers may purchase from, or handle for, producers during the 1997-98
marketing year, which ends on May 31, 1998. This rule increases the
salable quantity from 1,125,351 pounds to 1,185,550 pounds and the
allotment percentage from 56 percent to 59 percent for Native spearmint
oil for the 1997-98 marketing year.
The salable quantity is the total quantity of each class of oil
that handlers may purchase from, or handle for, producers during a
marketing year. The salable quantity calculated by the Committee is
based on the estimated trade demand. The total salable quantity is
divided by the total industry allotment base to determine an allotment
percentage. Each producer is allotted a share of the salable quantity
by applying the allotment percentage to the producer's individual
allotment base for the applicable class of spearmint oil.
[[Page 23372]]
The initial salable quantity and allotment percentages for Scotch
and Native spearmint oils for the 1997-98 marketing year were
recommended by the Committee at its October 2, 1996, meeting. The
Committee recommended salable quantities of 996,522 pounds and
1,125,351 pounds, and allotment percentages of 55 percent and 56
percent, respectively, for Scotch and Native spearmint oils. A proposed
rule was published in the January 7, 1997, issue of the Federal
Register (62 FR 942). A final rule establishing the salable quantities
and allotment percentages for Scotch and Native spearmint oils for the
1997-98 marketing year was published in the July 9, 1997, issue of the
Federal Register (62 FR 36646).
Pursuant to authority contained in Secs. 985.50, 985.51, and 985.52
of the order, at its February 25, 1998, meeting, the Committee
unanimously recommended that the allotment percentage for Native
spearmint oil for the 1997-98 marketing year be increased by 3 percent
from 56 percent to 59 percent. Taking into consideration the following
discussion on adjustments to the Native spearmint oil salable quantity,
the 1997-98 marketing year salable quantity of 1,125,351 pounds will
therefore be increased to 1,185,550 pounds.
The original total industry allotment base for Native spearmint oil
for the 1997-98 marketing year was established at 2,009,556 pounds and
was revised during the year to 2,006,630 pounds to reflect loss of
2,926 pounds of base due to non-production of some producers' total
annual allotments. When the revised total allotment base of 2,006,630
pounds is applied to the originally established allotment percentage of
56, the 1997-98 marketing year salable quantity of 1,125,351 pounds is
effectively modified to 1,123,713 pounds.
Further, Sec. 985.56(a) of the order authorizes producers who have
produced more than their salable quantity of spearmint oil during a
marketing year to transfer such excess to producers who have produced
less than their salable quantity for the same marketing year. If all
producers having such an excess transfer their excess oil to producers
having a deficiency, all of the annual allotment is utilized. If, on
the other hand, this option is not utilized to its full extent, some
annual allotment is essentially lost and the effective salable quantity
for that year is reduced by the amount of excess oil that was not
transferred to fill deficiencies. During the 1997-98 marketing year,
producers who were deficient by 3,957 pounds of Native spearmint oil
chose not to have this deficiency filled by producers having excess
oil. This also effectively reduced the already modified 1997-98 salable
quantity by 3,957 pounds leaving a net quantity of 1,119,756 pounds.
By increasing the salable quantity and allotment percentage, this
rule makes an additional amount of Native spearmint oil available by
releasing such oil from the reserve pool. When applied to each
individual producer, the 3 percent allotment percentage increase allows
each producer to take up to 3 percent of their allotment base from
their Native spearmint oil reserve. If a producer does not have any
reserve pool oil, or has less than 3 percent of their allotment base in
the reserve pool, the increase in allotment percentage will actually
make less than such amount available to the market. Currently,
producers receiving 6,201 pounds of additional allotment through this
increase do not have any Native spearmint oil in reserve. Thus, rather
than 60,199 additional pounds, this action effectively makes an
additional 53,998 pounds of Native spearmint oil available to the
market.
The following table summarizes the Committee recommendation:
Native Spearmint Oil Recommendation
(a) Estimated 1997-98 Allotment Base--2,009,556 pounds. This is the
estimate that the 1997-98 Native spearmint oil salable quantity and
allotment percentage was based on.
(b) Revised 1997-98 Allotment Base--2,006,630 pounds. This is 2,926
pounds less than the estimated allotment base. This base was lost
because some producers failed to produce all of their previous year's
allotment.
(c) Initial 1997-98 Allotment Percentage--56 percent.
(d) Initial 1997-98 Salable Quantity--1,125,351 pounds. This figure
is 56 percent of 2,009,556 pounds.
(e) Initial Adjustment to the 1997-98 Salable Quantity--1,123,713
pounds. This figure reflects the salable quantity initially available
after the beginning of the 1997-98 marketing year due to the 2,296
pound reduction in the industry allotment base to 2,006,630 pounds.
(f) Final Adjustment to the 1997-98 Salable Quantity--1,119,756
pounds. This figure reflects the salable quantity actually available
during the 1997-98 marketing year after the 3,957 pound deficiency was
subtracted from the initially adjusted salable quantity of 1,123,713
pounds.
(g) Increase in Allotment Percentage--3 percent. This percentage
increase was recommended by the Committee at its February 25, 1998,
meeting.
(h) Revised 1997-98 Allotment Percentage--59 percent. This figure
is derived by adding the 3 percent increase to the initial 1997-98
allotment percentage of 56 percent.
(i) Calculated Revised 1997-98 Salable Quantity--1,185,638 pounds.
This figure is 59 percent of the estimated 1997-98 allotment base of
2,009,556 pounds.
(j) Computed Increase in the 1997-98 Salable Quantity--60,287
pounds. This is the product of the estimated 1997-98 allotment base of
2,009,556 and the revised 1997-98 allotment percentage of 59 percent.
(k) Effective Increase in the 1997-98 Salable Quantity--53,998
pounds. This figure represents the amount of Native spearmint oil
actually being made available by this action based on the adjustments
described herein.
In making this latest recommendation, the Committee considered all
available information on supply and demand. The 1997-98 marketing year
began on June 1, 1997. Handlers have indicated that with this action,
the available supply of both Scotch and Native spearmint oils appears
adequate to meet anticipated demand through May 31, 1998. Without the
increase, the Committee believes the industry would not be able to meet
market needs. As of February 25, 1998, approximately 89,000 pounds of
Native spearmint oil was available for market. Average demand for
Native spearmint oil from March 1 to May 31 over the past 17 years has
been 108,029 pounds. Therefore, based on past history the industry may
not be able to meet market demand without this increase. When the
Committee made its initial recommendation for the establishment of the
Native spearmint oil salable quantity and allotment percentage for the
1997-98 marketing year, it had anticipated that the year would end with
an ample available supply. This action has the effect of adding 53,998
pounds of Native spearmint oil to the amount available for market,
bringing the total available supply for the period February 25 through
May 31, 1998, up to approximately 144,000 pounds.
The Department, based on its analysis of available information, has
determined that the 1997-98 salable quantity and allotment percentage
for Native spearmint oil for the 1997-98 marketing year should be
increased to 1,185,638 and 59 percent, respectively.
This rule relaxes the regulation of Native spearmint oil and will
allow growers to meet market needs and improved returns. In conjunction
with the issuance of this rule, the Committee's revised marketing
policy statement for the 1997-98 marketing
[[Page 23373]]
year has been reviewed by the Department. The Committee's marketing
policy statement, a requirement whenever the Committee recommends
implementing volume regulations or recommends revisions to existing
volume regulations, fully meets the intent of section 985.50 of the
order. During its discussion of revising the 1997-98 salable quantities
and allotment percentages, the Committee considered: (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) prospective
production of each class of oil; (4) 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 each class of oil, including whether the estimated
season average price to producers is likely to exceed parity.
Conformity with the Department's ``Guidelines for Fruit, Vegetable, and
Specialty Crop Marketing Orders'' has also been reviewed and confirmed.
The increase in the Native spearmint oil salable quantity and
allotment percentage allows for anticipated market needs for this class
of oil. In determining anticipated market needs, consideration by the
Committee was given to historical sales, and changes and trends in
production and demand.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the AMS has considered the economic impact of this action on
small entities. Accordingly, the AMS has prepared this initial
regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are 9 spearmint oil handlers subject to regulation under the
marketing order and approximately 200 producers of spearmint oil in the
regulated production area. Of the 200 producers, approximately 125
producers hold Class 1 (Scotch) spearmint oil allotment base, and
approximately 110 producers hold Class 3 (Native) spearmint oil
allotment base. Small agricultural service firms are defined by the
Small Business Administration (SBA) (13 CFR 121.601) as those having
annual receipts of less than $5,000,000, and small agricultural
producers have been defined as those whose annual receipts are less
than $500,000.
Based on the SBA's definition of small entities, the Committee
estimates that two of the nine handlers regulated by the order would 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
29 of the 124 Scotch spearmint oil producers and 14 of the 110 Native
spearmint oil producers would be classified as small entities under the
SBA definition. Thus, a majority of handlers and producers of Far West
spearmint oil may not be classified as small entities.
The Far West spearmint oil industry is characterized by producers
whose farming operations generally involve more than one commodity, and
whose income from farming operations is not exclusively dependent on
the production of spearmint oil. Crop rotation is an essential cultural
practice in the production of spearmint oil for weed, insect, and
disease control. A normal spearmint oil producing operation would have
enough acreage for rotation such that the total acreage required to
produce the crop would be about one-third spearmint and two-thirds
rotational crops. An average spearmint oil producing farm would thus
have to have considerably more acreage than would be planted to
spearmint during any given season. To remain economically viable with
the added costs associated with spearmint oil production, most
spearmint oil producing farms would fall into the category of large
businesses.
Small spearmint oil producers represent a minority of farming
operations and are more vulnerable to market fluctuations. Such small
farmers generally need to market their entire annual crop and do not
have the resources to cushion seasons with poor spearmint oil returns.
Conversely, large diversified producers have the potential to endure
one or more seasons of poor spearmint oil markets because of stronger
incomes from alternate crops which could support the operation for a
period of time. Despite the advantage of larger producers, increasing
the Native salable quantity and allotment percentage will help both
large and small producers by improving returns. In addition, this
change may potentially benefit the small producer more than large
producers. This is because the change ensures that small producers are
more likely to maintain a profitable cash flow and meet annual
expenses.
Alternatives to this rule included not increasing the available
supply of Native spearmint oil, which could potentially hurt small
producers. The Committee reached its recommendation to increase the
salable quantity and allotment percentage for Native spearmint oil
after careful consideration of all available information, and believes
that the level recommended will achieve the objectives sought. Without
the increase, the Committee believes the industry would not be able to
meet market needs. As of February 25, 1998, approximately 88,000 pounds
of Native spearmint oil were available for market. Average demand for
Native spearmint oil from March 1 to May 31 over the past 17 years has
been 108,029 pounds. Therefore, based on past history the industry may
not be able to meet market demand without this change. When the
Committee made its initial recommendation for the establishment of the
Native spearmint oil salable quantity and allotment percentage for the
1997-98 marketing year, it had anticipated that the year would end with
an ample available supply. This revision has the effect of adding
53,998 pounds of Native spearmint oil to the amount available for
market, bringing the total available supply for the period February 25
through May 31, 1998, up to 144,158 pounds.
Annual salable quantities and allotment percentages have been
issued for both classes of spearmint oil since the order's inception.
Reporting and recordkeeping requirements have remained the same for
each year of regulation. Accordingly, this action will not impose any
additional reporting or recordkeeping requirements on either small or
large spearmint oil producers and handlers. All reports and forms
associated with this program are reviewed periodically in order to
avoid unnecessary and duplicative information collection by industry
and public sector agencies. The Department has not identified any
relevant Federal rules that duplicate, overlap, or conflict with this
rule.
Finally, the Committee's meeting was widely publicized throughout
the spearmint oil industry and all interested persons were invited to
attend and participate on all issues. Interested persons are also
invited to submit information on the regulatory and informational
impacts of this action on small businesses.
After consideration of all relevant matter presented, including
that
[[Page 23374]]
contained in the prior proposed and final rules in connection with the
establishment of the salable quantities and allotment percentages for
Scotch and Native spearmint oils for the 1997-98 marketing year, the
Committee's recommendation and other available information, it is found
that to revise section 985.216 (62 FR 36650) to change the salable
quantity and allotment percentage for Native spearmint oil, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
This rule invites comments on a revision to the salable quantity
and allotment percentage for Native spearmint oil. A 20-day comment
period is provided. This comment period is appropriate because the
marketing year ends on May 31, 1998. Any comments received will be
considered prior to finalization of this rule.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) This rule increases the quantity of Native spearmint oil
that may be marketed during the marketing year which ends on May 31,
1998; (2) the quantity of Native spearmint planted for the 1998-99
marketing year may be affected, thus handlers and producers should be
apprised as soon as possible of the salable quantity and allotment
percentage of Native spearmint oil contained in this interim final
rule; (3) the Committee unanimously recommended this change at a public
meeting and interested parties had an opportunity to provide input; and
(4) this rule provides a 20-day comment period and any comments
received will be considered prior to finalization of this rule.
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. Section 985.216 is amended by revising paragraph (b) to read as
follows:
[Note: This section will not appear in the annual Code of
Federal Regulations.]
Sec. 985.216 Salable quantities and allotment percentages--1997-98
marketing year.
* * * * *
(b) Class 3 (Native) oil--a salable quantity of 1,185,550 pounds
and an allotment percentage of 59 percent.
Dated: April 24, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-11446 Filed 4-28-98; 8:45 am]
BILLING CODE 3410-02-P
