Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations 23673 

Register on February 5, 2013 (78 FR 

8047). Copies of the proposed rule were 

also mailed or sent via facsimile to all 

onion handlers. Finally, the proposal 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. A 10-day comment period 

ending February 15, 2013, was provided 

for interested persons to respond to the 

proposal. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because the 2012–13 fiscal period began 

on August 1, 2012, and the marketing 

order requires that the assessment rate 

for each fiscal period apply to all 

assessable onions handled during such 

fiscal period. In addition, the Committee 

needs sufficient funds to pay its 

expenses, which are incurred on a 

continuous basis. Further, handlers are 

aware of this rule which was 

recommended at a public meeting. Also, 

a 10-day comment period was provided 

for in the proposed rule, and no 

comments were received. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 959 is amended as 

follows: 

PART 959—ONIONS GROWN IN 

SOUTH TEXAS 

■ 1. The authority citation for 7 CFR 

part 959 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 959.237 is revised to read 

as follows: 

§ 959.237 Assessment rate. 

On and after August 1, 2012, an 

assessment rate of $0.03 per 50-pound 

equivalent is established for South 

Texas onions. 

Dated: April 16, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09381 Filed 4–19–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. Nos. AMS–FV–11–0088; FV12–985–1A 

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) and Class 3 (Native) 

Spearmint Oil for the 2012–2013 

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 that revised the quantity of Class 1 

(Scotch) and Class 3 (Native) spearmint 

oil that handlers may purchase from, or 

handle on behalf of, producers during 

the 2012–2013 marketing year under the 

Far West spearmint oil marketing order. 

The interim rule increased the Scotch 

spearmint oil salable quantity from 

782,413 pounds to 2,622,115 pounds 

and the allotment percentage from 38 

percent to 128 percent. In addition, the 

interim rule increased the Native 

spearmint oil salable quantity from 

1,162,473 pounds to 1,348,270 pounds 

and the allotment percentage from 50 

percent to 58 percent. This change is 

expected to moderate extreme 

fluctuations in the supply and price of 

spearmint oil. Also, this change will 

help maintain stability in the Far West 

spearmint oil market. 

DATES: Effective June 1, 2012, through 

May 31, 2013. 

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 Order 

12866. 

The handling of spearmint oil 

produced in the Far West is regulated by 

the order and is administered locally by 

the Spearmint Oil Administrative 

Committee (Committee). Under the 

authority of the order, salable quantities 

and allotment percentages were 

established for both Scotch and Native 

spearmint oil for the 2012–2013 

marketing year. However, early in the 

2012–2013 marketing year, it became 

evident to the Committee and the 

industry that demand for spearmint oil 

was greater than previously projected 

and an intra-seasonal increase in the 

salable quantity and allotment 

percentage for each class of oil was 

warranted. 

Therefore, this rule continues in effect 

the action that increased the Scotch 

spearmint oil salable quantity from 

782,413 pounds to 2,622,115 pounds, 

and allotment percentage from 38 

percent to 128 percent. In addition, this 

rule continues in effect the action that 

increased the Native spearmint oil 

salable quantity from 1,162,473 pounds 

to 1,348,270 pounds, and allotment 

percentage from 50 percent to 58 

percent. 

In an interim rule published in the 

Federal Register on December 28, 2012, 

and effective June 1, 2012, through May 

31, 2013, (77 FR 76341, Doc. No. AMS– 

FV–11–0088, FV12–985–1A IR), 

§ 985.230 was amended to reflect the 

aforementioned increases in the salable 

quantities and allotment percentages for 

Scotch and Native spearmint oil for the 

2012–2013 marketing year. 


tkelley on DSK3SPTVN1PROD with RULES
23674 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations 

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 

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 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 eight spearmint oil handlers 

subject to regulation under the order, 

and approximately 32 producers of 

Scotch spearmint oil and approximately 

88 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 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 

eight of the 32 Scotch spearmint oil 

producers and 22 of the 88 Native 

spearmint oil producers could 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 use of volume control regulation 

allows the industry to fully supply 

spearmint oil markets while avoiding 

the negative consequences of oversupplying these markets. Volume 

control is believed to have little or no 

effect on consumer prices of products 

containing spearmint oil and likely does 

not impact retail sales of such products. 

Without volume control, producers 

would not be limited in the production 

and marketing of spearmint oil. Under 

those conditions, the spearmint oil 

market 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 

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 continues in effect the 

action that increased the quantity of 

Scotch and Native spearmint oil that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2012–2013 marketing year, which ends 

on May 31, 2013. The Scotch spearmint 

oil salable quantity was increased from 

782,413 pounds to 2,622,115 pounds 

and the allotment percentage was 

increased from 38 percent to 128 

percent. Additionally, the Native 

spearmint oil salable quantity was 

increased from 1,162,473 pounds to 

1,348,270 pounds and the allotment 

percentage was increased from 50 

percent to 58 percent. 

The Committee reached its 

recommendation to increase the salable 

quantity and allotment percentage for 

both Scotch and Native spearmint oil 

after careful consideration of all 

available information, believing that the 

increased volume regulation levels it 

recommended will achieve the 

objectives sought. With the increase, the 

industry will be able to satisfactorily 

meet the current market demand for 

both classes of spearmint oil. This rule 

amends the salable quantities and 

allotment percentages previously 

established in § 985.231. Authority for 

this action is provided in §§ 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 Far 

West spearmint oil industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the October 17, 

2012, 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 

February 26, 2013. 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-11-0088- 

0003. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (77 FR 76341, December 28, 

2012) 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 77 FR 76341 on December 

28, 2012, is adopted as a final rule, 

without change. 

Dated: April 16, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09377 Filed 4–19–13; 8:45 am] 

BILLING CODE 3410–02–P 


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