This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

22202 

Vol. 78, No. 72 

Monday, April 15, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. No. AMS–FV–12–0064; FV13–985–1 

PR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Salable Quantities and 

Allotment Percentages for the 2013– 

2014 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish the quantity of spearmint oil 

produced in the Far West, by class, that 

handlers may purchase from, or handle 

on behalf of, producers during the 

2013–2014 marketing year, which 

begins on June 1, 2013. This proposal 

invites comments on the establishment 

of salable quantities and allotment 

percentages for Class 1 (Scotch) 

spearmint oil of 1,344,858 pounds and 

65 percent, respectively, and for Class 3 

(Native) spearmint oil of 1,432,189 

pounds and 61 percent, respectively. 

The Spearmint Oil Administrative 

Committee (Committee), the agency 

responsible for local administration of 

the marketing order for spearmint oil 

produced in the Far West, 

recommended these limitations for the 

purpose of avoiding extreme 

fluctuations in supplies and prices to 

help maintain stability in the spearmint 

oil market. 

DATES: Comments must be received by 

April 30, 2013. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document 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, or can be viewed at: http:// 

www.regulations.gov. All comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, 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 request 

information on complying with this 

regulation 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 

proposed 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 proposed rule in 

conformance with Executive Order 

12866. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under 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 

proposed rule would establish the 

quantity of spearmint oil produced in 

the Far West, by class, which handlers 

may purchase from, or handle on behalf 

of, producers during the 2013–2014 

marketing year, which begins on June 1, 

2013. 

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 USDA 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, USDA 

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 USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

The Committee meets annually in the 

fall to adopt a marketing policy for the 

ensuing marketing year or years. In 

determining such marketing policy, the 

Committee considers a number of 

factors, including, but not limited to, the 

current and projected supply, estimated 

future demand, production costs, and 

producer prices for all classes of 

spearmint oil. Input from spearmint oil 

handlers and producers regarding 

prospective marketing conditions is 

considered as well. During the meeting, 

the Committee recommends to USDA 

any volume regulations deemed 

necessary to meet market requirements 

and to establish orderly marketing 

conditions for Far West spearmint oil. If 

the Committee’s marketing policy 

considerations indicate a need for 

limiting the quantity of any or all 

classes of spearmint oil marketed, the 

Committee subsequently recommends 

the establishment of a salable quantity 

and allotment percentage for such class 

or classes of oil for the forthcoming 

marketing year. 

The salable quantity represents the 

total amount of each class of spearmint 

oil that handlers may purchase from, or 

handle on behalf of, producers during 

the marketing year. Each producer is 

allotted a prorated share of the salable 

quantity by applying the allotment 

percentage to that producer’s allotment 

base for each applicable class of 

spearmint oil. The producer allotment 

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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22203 

base is each producer’s quantified share 

of the spearmint oil market based on a 

statistical representation of past 

spearmint oil production, with 

accommodation for reasonable and 

normal adjustments to such base as 

prescribed by the Committee and 

approved by USDA. Salable quantities 

are established at levels intended to 

meet market requirements and to 

establish orderly marketing conditions. 

Committee recommendations for 

volume controls are made well in 

advance of the period in which the 

regulations are to be effective, thereby 

allowing producers the chance to adjust 

their production decisions accordingly. 

Pursuant to authority in §§ 985.50, 

985.51, and 985.52 of the order, the full 

eight-member Committee met on 

October 17, 2012, and recommended 

salable quantities and allotment 

percentages for both classes of oil for the 

2013–2014 marketing year. The 

Committee, in a vote of six members in 

favor and two members opposed, 

recommended the establishment of a 

salable quantity and allotment 

percentage for Scotch spearmint oil of 

1,344,858 pounds and 65 percent, 

respectively. The two members 

opposing the action felt that the 

proposed levels were too high and 

favored establishing a smaller salable 

quantity and allotment percentage for 

Scotch spearmint oil. For Native 

spearmint oil, the Committee, in a vote 

of six members in favor and two 

members opposed, recommended the 

establishment of a salable quantity and 

allotment percentage of 1,432,189 

pounds and 61 percent, respectively. 

Once again, the two members opposing 

the action supported volume regulation 

but favored an undetermined lower 

salable quantity and allotment 

percentage for Native spearmint oil than 

what was proposed. 

This action would limit the amount of 

spearmint oil that handlers may 

purchase from, or handle on behalf of, 

producers during the 2013–2014 

marketing year, which begins on June 1, 

2013. Salable quantities and allotment 

percentages have been placed into effect 

each season since the order’s inception 

in 1980. 

Class 1 (Scotch) Spearmint Oil 

The U.S. production of Scotch 

spearmint oil is concentrated in the Far 

West, which includes Washington, 

Idaho, Oregon, and a portion of Nevada 

and Utah. Scotch type oil is also 

produced in seven other States: Indiana, 

Michigan, Minnesota, Montana, North 

Dakota, South Dakota, and Wisconsin. 

Additionally, Scotch spearmint oil is 

produced outside of the U.S., with 

China and India being the largest global 

competitors of domestic Scotch 

spearmint oil production. 

The Far West’s share of total global 

Scotch spearmint oil sales has varied 

considerably over the past several 

decades, from as high as 72 percent in 

1988, and as low as 27 percent in 2002. 

More recently, sales of Far West Scotch 

spearmint oil have been approximately 

50 percent of world sales, and are 

expected to hold steady, or increase 

slightly, in upcoming years. In addition, 

imports of foreign produced spearmint 

oil into the U.S. have recently been 

trending down, while exports of 

domestic spearmint oil have been 

trending up. Consequently, competition 

in the domestic market from foreign 

produced spearmint oil has decreased 

and the demand for Far West spearmint 

oil, both domestically and abroad, has 

been very strong. 

The Scotch spearmint industry is 

emerging from the very difficult market 

environment that has existed in the past 

few years. Many of the negative market 

components that were present from 

2008 through 2011 in the spearmint oil 

industry have corrected. During that 

period, increased production and 

weakened market demand for Scotch 

spearmint oil combined to create large 

stocks of excess oil held in reserve. 

However, most recently, production of 

Scotch spearmint oil has moderated, 

trade demand for Scotch spearmint oil 

has increased, and excess inventory 

levels have dropped dramatically. In 

fact, production of Scotch spearmint oil 

will need to increase during the 2013 

season to meet the anticipated market 

demand. 

Although the spearmint oil industry 

continues to have some concerns over 

the strength of the U.S. economy, 

marketing conditions for Scotch 

spearmint oil have improved 

significantly. Lower inventories, steady 

to increasing production, and strong 

projected demand are all positive 

indicators of improving marketing 

conditions for Scotch spearmint oil. 

Inventories, production, and market 

demand are now at levels that are 

considered healthy for the industry. 

Certain factors may be contributing to 

the recent increase in demand for Far 

West Scotch spearmint oil. First, 

although China and India have been 

significant suppliers of spearmint oil for 

the past 15 years, they have started to 

replace some spearmint acreage with 

other mint varieties, such as Mentha 

arvensis (wild mint), and other nonmint competing crops. In addition, both 

countries are utilizing more of their 

domestically produced spearmint oil, 

removing oil that might otherwise have 

been exported. Also, the Midwest region 

of the U.S. is experiencing a significant 

reduction in Scotch spearmint oil 

production. This decrease in regional 

production is partly due to unexpected 

disease and weather related factors and 

partly the result of competition from 

other alternate crops, such as corn and 

soybeans, which are currently 

experiencing higher than average 

returns. Lastly, improving global 

economic conditions have led to 

increased consumption of spearmint 

flavored products. 

The Committee estimates that the 

carry-in of Scotch spearmint oil on June 

1, 2013, the primary measure of excess 

supply, will be approximately 16,570 

pounds. This amount is down from the 

previous year’s estimate of 149,740 

pounds and is lower than the minimum 

carry-in quantity that the Committee 

would consider to be favorable. 

Production of Scotch spearmint oil 

has decreased in recent years in 

response to high Scotch spearmint oil 

inventory levels and below average 

market demand. Production dropped 

from a high of 1,050,700 pounds in 2009 

to an estimated 621,480 pounds in 2012. 

Total industry production of Scotch 

spearmint oil is now below the level 

that the Committee views as optimum. 

The Committee expects production will 

increase during the 2013 season in 

response to the strong market demand 

currently observed in the industry and 

the low inventory levels of Scotch 

spearmint oil available to the market. 

The Committee considers the current 

trends in supply and demand to be 

favorable, as it signals an end to the 

continuing oversupply situation in 

Scotch spearmint oil and the initiation 

of a period when supply and demand 

are in harmony. 

Handlers indicate that increasing 

consumer demand for mint flavored 

products provide a positive expectation 

for long-term increases in the demand 

for Far West Scotch spearmint oil. 

Spearmint oil handlers have indicated 

that demand for Scotch spearmint oil 

has been gaining strength. Handlers who 

had projected the 2012–2013 trade 

demand for Far West Scotch Spearmint 

oil to be in the range of 825,000 pounds 

to 1,100,000 pounds now expect it to 

increase to between 900,000 pounds to 

1,200,000 pounds during the 2013–2014 

marketing year. 

Given the improving economic 

indicators for the Far West Scotch 

spearmint oil industry outlined above, 

the Committee took a very positive 

perspective into the discussion of 

establishing appropriate salable 

quantities and allotment percentages for 

the upcoming season. At the October 17, 

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22204 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 

2012, meeting, the Committee 

recommended the 2013–2014 Scotch 

spearmint oil salable quantity of 

1,344,858 pounds and an allotment 

percentage of 65 percent. The 

Committee utilized sales estimates for 

2013–2014 Scotch spearmint oil, as 

provided by several of the industry’s 

handlers, as well as historical and 

current Scotch spearmint oil production 

and inventory statistics, to arrive at 

these recommendations. The volume 

control levels recommended by the 

Committee represent an increase of 

566,418 pounds and 27 percentage 

points over the previous year’s initial 

salable quantity and allotment 

percentage, reflecting a much more 

positive assessment of the industry’s 

current economic conditions. 

The Committee estimates that about 

1,200,000 pounds of Scotch spearmint 

oil may be sold during the 2013–2014 

marketing year. When considered in 

conjunction with the estimated carry-in 

of 16,570 pounds of Scotch spearmint 

oil on June 1, 2013, the recommended 

salable quantity of 1,344,858 pounds 

results in a total available supply of 

approximately 1,361,428 pounds of 

Scotch spearmint oil during the 2013– 

2014 marketing year. The Committee 

estimates that carry-in of Scotch 

spearmint oil into the 2014–2015 

marketing year, which begins June 1, 

2014, would be 161,428 pounds, an 

increase of 144,858 pounds from the 

beginning of the 2013–2014 marketing 

year. 

The Committee’s stated intent in the 

use of marketing order volume control 

regulations for Scotch spearmint oil is to 

keep adequate supplies available to 

meet market needs and establish orderly 

marketing conditions. With that in 

mind, the Committee developed its 

recommendation for the proposed 

Scotch spearmint oil salable quantity 

and allotment percentage for the 2013– 

2014 marketing year based on the 

information discussed above, as well as 

the data outlined below. 

(A) Estimated carry-in of Scotch 

spearmint oil on June 1, 2013—16,570 

pounds. This figure is the difference 

between the revised 2012–2013 

marketing year total available supply of 

986,570 pounds and the estimated 

2012–2013 marketing year trade 

demand of 970,000 pounds. 

(B) Estimated trade demand of Scotch 

spearmint oil for the 2013–2014 

marketing year—1,200,000 pounds. This 

figure is based on input from producers 

at five Scotch spearmint oil production 

area meetings held in late September 

and early October 2012, as well as 

estimates provided by handlers and 

other meeting participants at the 

October 17, 2012, meeting. The average 

estimated trade demand provided at the 

five production area meetings is 

1,120,000 pounds, which is 35,000 

pounds less than the average of trade 

demand estimates submitted by 

handlers. The average of Far West 

Scotch spearmint oil sales over the last 

five years is 772,543 pounds. 

(C) Salable quantity of Scotch 

spearmint oil required from the 2013– 

2014 marketing year production— 

1,183,430 pounds. This figure is the 

difference between the estimated 2013– 

2014 marketing year trade demand 

(1,200,000 pounds) and the estimated 

carry-in on June 1, 2013 (16,570 

pounds). This figure represents the 

minimum salable quantity that may be 

needed to satisfy estimated demand for 

the coming year with no carryover. 

(D) Total estimated allotment base of 

Scotch spearmint oil for the 2013–2014 

marketing year—2,069,012 pounds. This 

figure represents a one percent increase 

over the revised 2012–2013 total 

allotment base. This figure is generally 

revised each year on June 1 due to 

producer base being lost because of the 

bona fide effort production provisions of 

§ 985.53(e). The revision is usually 

minimal. 

(E) Computed Scotch spearmint oil 

2013–2014 marketing year allotment 

percentage—57.2 percent. This 

percentage is computed by dividing the 

minimum required salable quantity 

(1,183,430 pounds) by the total 

estimated allotment base (2,069,012 

pounds). 

(F) Recommended Scotch spearmint 

oil 2013–2014 marketing year allotment 

percentage—65 percent. This is the 

Committee’s recommendation and is 

based on the computed allotment 

percentage (57.2 percent), the average of 

the computed allotment percentage 

figures from the five production area 

meetings (55.8 percent), and input from 

producers and handlers at the October 

17, 2012, meeting. The recommended 65 

percent allotment percentage is also 

based on the Committee’s determination 

that the computed percentage (57.2 

percent) may not adequately supply the 

potential 2013–2014 Scotch spearmint 

oil market. 

(G) Recommended Scotch spearmint 

oil 2013–2014 marketing year salable 

quantity—1,344,858 pounds. This figure 

is the product of the recommended 

allotment percentage (65 percent) and 

the total estimated allotment base 

(2,069,012 pounds). 

(H) Estimated total available supply 

of Scotch spearmint oil for the 2013– 

2014 marketing year—1,361,428 

pounds. This figure is the sum of the 

2013–2014 recommended salable 

quantity (1,344,858 pounds) and the 

estimated carry-in on June 1, 2013 

(16,570 pounds). 

Class 3 (Native) Spearmint Oil 

The Native spearmint oil industry is 

experiencing market conditions similar 

to those observed in the Scotch 

spearmint oil market. Approximately 90 

percent of U.S. production of Native 

spearmint oil is produced within the Far 

West production area, thus domestic 

production outside this area is not a 

major factor in the marketing of Far 

West Native spearmint oil. This has 

been an attribute of U.S. production 

since the order’s inception. A minor 

amount of domestic Native spearmint 

oil is produced outside of the Far West 

region in the States of Indiana, 

Michigan, Minnesota, Montana, North 

Dakota, South Dakota, and Wisconsin. 

According to the Committee, very 

little true Native spearmint oil is 

produced outside of the United States. 

However, India has been producing an 

increasing quantity of spearmint oil 

with qualities very similar to Native 

spearmint oil. Committee records show 

that in 1996 the Far West accounted for 

nearly 93 percent of the global sales of 

Native or Native quality spearmint oil. 

By 2008, that share had declined to only 

48 percent. Since then, the percentage 

has been increasing and Far West Native 

spearmint oil is estimated to be over 70 

percent of global sales in 2012. 

Despite the fact that Far West Native 

spearmint oil has been gaining world 

market share, the industry has endured 

challenging marketing conditions over 

the past five years. Overproduction, 

coupled with a decrease in demand 

during the global economic recession, 

created an excess inventory situation for 

Native spearmint oil that negatively 

impacted the industry. However, most 

recently, production of Native 

spearmint oil has moderated, trade 

demand for Native spearmint oil has 

increased, and excess inventory levels 

have dropped to levels considered 

optimal by the Committee. 

When the Committee met on October 

17, 2012, to consider volume regulations 

for the upcoming 2013–2014 marketing 

year, the general consensus within the 

Native spearmint oil industry was that 

marketing conditions had improved 

over recent years and are expected to 

keep improving into the future. The 

production of Far West Native 

spearmint oil, which declined from a 

high of 1,453,896 pounds in 2009 to 

approximately 1,210,260 pounds in 

2012, is anticipated to remain steady 

during the 2013 season. The Committee 

further expects that production will be 

more in line with the projected demand 

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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22205 

of Native spearmint oil in upcoming 

years. 

Excess Native spearmint oil 

inventory, as measured by oil held in 

reserve by producers and reported by 

the Committee, is estimated to be 

379,006 pounds at the end of the 2012– 

2013 marketing year, down from a 

recent high of 606,942 pounds in 2011. 

Reserve Native spearmint oil is 

approaching the level that the 

Committee believes is optimum for the 

industry. 

In addition to an improved supply 

situation, demand for Far West Native 

spearmint oil has been improving. 

Spearmint oil handlers, who previously 

projected the 2012–2013 trade demand 

for Far West Native spearmint oil in the 

range of 1,275,000 pounds to 1,450,000 

pounds, with an average of 1,350,000 

pounds, have projected trade demand 

for the 2013–2014 marketing period to 

be in the range of 1,200,000 pounds to 

1,500,000 pounds, with an average of 

1,400,000. 

Given the economic indicators for the 

Far West Native spearmint oil industry 

outlined above, the Committee took an 

optimistic perspective into the 

discussion of establishing appropriate 

salable quantities and allotment 

percentages for the upcoming season. 

As such, at the October 17, 2012, 

meeting, the Committee recommended a 

2013–2014 Native spearmint oil salable 

quantity of 1,432,189 pounds and an 

allotment percentage of 61 percent. The 

Committee utilized Native spearmint oil 

sales estimates for 2013–2014, as 

provided by several of the industry’s 

handlers, as well as historical and 

current Native spearmint oil market 

statistics to establish these thresholds. 

These recommended volume control 

levels represent an increase of 268,887 

pounds and 11 percentage points over 

the previous year’s initially established 

salable quantity and allotment 

percentage. Should these levels prove 

insufficient to adequately supply the 

market, the Committee has the authority 

to recommend an intra-seasonal 

increase, as it has done in the past two 

marketing periods, if demand rises 

beyond expectations. 

The Committee estimates that 

approximately 1,425,000 pounds of 

Native spearmint oil may be sold during 

the 2013–2014 marketing year. When 

considered in conjunction with the 

estimated carry-in of 43,411 pounds of 

Native spearmint oil on June 1, 2013, 

the recommended salable quantity of 

1,432,189 pounds results in an 

estimated total available supply of 

1,475,600 pounds of Native spearmint 

oil during the 2013–2014 marketing 

year. The Committee also estimates that 

carry-in of Native spearmint oil at the 

beginning of the 2014–2015 marketing 

year will be approximately 50,600 

pounds. 

The Committee’s stated intent in the 

use of marketing order volume control 

regulations for Native spearmint oil is to 

keep adequate supplies available to 

meet market needs and establish orderly 

marketing conditions. With that in 

mind, the Committee developed its 

recommendation for the proposed 

Native spearmint oil salable quantity 

and allotment percentage for the 2013– 

2014 marketing year based on the 

information discussed above, as well as 

the data outlined below. 

(A) Estimated carry-in of Native 

spearmint oil on June 1, 2013—43,411 

pounds. This figure is the difference 

between the revised 2012–2013 

marketing year total available supply of 

1,418,411 pounds and the estimated 

2012–2013 marketing year trade 

demand of 1,375,000 pounds. 

(B) Estimated trade demand of Native 

spearmint oil for the 2013–2014 

marketing year—1,425,000 pounds. This 

estimate is established by the 

Committee and is based on input from 

producers at the six Native spearmint 

oil production area meetings held in late 

September and early October 2012, as 

well as estimates provided by handlers 

and other meeting participants at the 

October 17, 2012, meeting. The average 

estimated trade demand provided at the 

six production area meetings was 

1,354,167 pounds, whereas the handler 

estimate ranged from 1,200,000 pounds 

to 1,500,000 pounds, and averaged 

1,400,000 pounds. The average of Far 

West Native spearmint oil sales over the 

last five years is 1,158,520 pounds. 

(C) Salable quantity of Native 

spearmint oil required from the 2013– 

2014 marketing year production— 

1,381,589 pounds. This figure is the 

difference between the estimated 2013– 

2014 marketing year trade demand 

(1,425,000 pounds) and the estimated 

carry-in on June 1, 2013 (43,411 

pounds). This is the minimum amount 

that the Committee believes would be 

required to meet the anticipated 2013– 

2014 Native spearmint oil trade 

demand. 

(D) Total estimated allotment base of 

Native spearmint oil for the 2013–2014 

marketing year—2,347,850 pounds. This 

figure represents a one percent increase 

over the revised 2012–2013 total 

allotment base. This figure is generally 

revised each year on June 1 due to 

producer base being lost due to the bona 

fide effort production provisions of 

§ 985.53(e). The revision is usually 

minimal. 

(E) Computed Native spearmint oil 

2013–2014 marketing year allotment 

percentage—58.8 percent. This 

percentage is computed by dividing the 

required salable quantity (1,381,589 

pounds) by the total estimated allotment 

base (2,347,850 pounds). 

(F) Recommended Native spearmint 

oil 2013–2014 marketing year allotment 

percentage—61 percent. This is the 

Committee’s recommendation based on 

the computed allotment percentage 

(58.8 percent), the average of the 

computed allotment percentage figures 

from the six production area meetings 

(56.5 percent), and input from 

producers and handlers at the October 

17, 2012, meeting. The recommended 61 

percent allotment percentage is also 

based on the Committee’s determination 

that the computed percentage (58.8 

percent) may not adequately supply the 

potential 2013–2014 Native spearmint 

oil market. 

(G) Recommended Native spearmint 

oil 2013–2014 marketing year salable 

quantity—1,432,189 pounds. This figure 

is the product of the recommended 

allotment percentage (61 percent) and 

the total estimated allotment base 

(2,347,850 pounds). 

(H) Estimated available supply of 

Native spearmint oil for the 2013–2014 

marketing year—1,475,600 pounds. This 

figure is the sum of the 2013–2014 

recommended salable quantity 

(1,432,189 pounds) and the estimated 

carry-in on June 1, 2013 (43,411 

pounds). 

The salable quantity is the total 

quantity of each class of spearmint oil 

that handlers may purchase from, or 

handle on behalf of, producers during a 

marketing year. Each producer is 

allotted a share of the salable quantity 

by applying the allotment percentage to 

the producer’s allotment base for the 

applicable class of spearmint oil. 

The Committee’s recommended 

Scotch and Native spearmint oil salable 

quantities and allotment percentages of 

1,344,858 pounds and 65 percent, and 

1,432,189 pounds and 61 percent, 

respectively, are based on the goal of 

establishing and maintaining market 

stability. The Committee anticipates that 

this goal would be achieved by 

matching the available supply of each 

class of Spearmint oil to the estimated 

demand of such, thus avoiding extreme 

fluctuations in inventories and prices. 

The proposed salable quantities are 

not expected to cause a shortage of 

spearmint oil supplies. Any 

unanticipated or additional market 

demand for spearmint oil which may 

develop during the marketing year 

could be satisfied by an intra-seasonal 

increase in the salable quantity. The 

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22206 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 

order makes the provision for intraseasonal increases to allow the 

Committee the flexibility to respond 

quickly to changing market conditions. 

In addition, producers who produce 

more than their annual allotments 

during the 2013–2014 marketing year 

may transfer such excess spearmint oil 

to producers who have produced less 

than their annual allotment, or, up until 

November 1, 2013, place it into the 

reserve pool to be released in the future 

in accordance with market needs. 

This proposed regulation, if adopted, 

would be similar to regulations issued 

in prior seasons. The average allotment 

percentage for the five most recent 

marketing years for Scotch spearmint oil 

is 38.8 percent, while the average 

allotment percentage for the same fiveyear period for Native spearmint oil is 

52.2 percent. Costs to producers and 

handlers resulting from this proposed 

rule are expected to be offset by the 

benefits derived from a stable market 

and improved returns. In conjunction 

with the issuance of this proposed rule, 

USDA has reviewed the Committee’s 

marketing policy statement for the 

2013–2014 marketing year. The 

Committee’s marketing policy 

statement, a requirement whenever the 

Committee recommends volume 

regulation, fully meets the intent of 

§ 985.50 of the order. 

During its discussion of potential 

2013–2014 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) the prospective production of each 

class of oil; (4) the 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 USDA’s 

‘‘Guidelines for Fruit, Vegetable, and 

Specialty Crop Marketing Orders’’ has 

also been reviewed and confirmed. 

The establishment of these salable 

quantities and allotment percentages 

would allow for anticipated market 

needs. In determining anticipated 

market needs, the Committee 

considered historical sales, as well as 

changes and trends in production and 

demand. This proposed rule also 

provides producers with information on 

the amount of spearmint oil that should 

be produced for the 2013–2014 season 

in order to meet anticipated market 

demand. 

Initial 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 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 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 36 producers of 

Scotch spearmint oil and approximately 

91 producers of Native spearmint oil in 

the production area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) 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. 

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 

19 of the 36 Scotch spearmint oil 

producers and 29 of the 91 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 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. A typical 

spearmint oil-producing operation has 

enough acreage for rotation such that 

the total acreage required to produce the 

crop is about one-third spearmint and 

two-thirds rotational crops. Thus, the 

typical spearmint oil producer has to 

have considerably more acreage than is 

planted to spearmint during any given 

season. Crop rotation is an essential 

cultural practice in the production of 

spearmint oil for purposes of weed, 

insect, and disease control. To remain 

economically viable with the added 

costs associated with spearmint oil 

production, a majority of spearmint oilproducing farms fall into the SBA 

category of large businesses. 

Small spearmint oil producers 

generally are not as extensively 

diversified as larger ones and as such 

are more at risk from market 

fluctuations. Such small producers 

generally need to market their entire 

annual allotment and do not have 

income from other crops 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 income from alternate 

crops could support the operation for a 

period of time. Being reasonably assured 

of a stable price and market provides 

small producing entities with the ability 

to maintain proper cash flow and to 

meet annual expenses. Thus, the market 

and price stability provided by the order 

potentially benefit small producers 

more than such provisions benefit large 

producers. Even though a majority of 

handlers and producers of spearmint oil 

may not be classified as small entities, 

the volume control feature of this order 

has small entity orientation. 

This proposed rule would establish 

the quantity of spearmint oil produced 

in the Far West, by class, that handlers 

may purchase from, or handle on behalf 

of, producers during the 2013–2014 

marketing year. The Committee 

recommended this action to help 

maintain stability in the spearmint oil 

market by matching supply to estimated 

demand, thereby avoiding extreme 

fluctuations in supplies and prices. 

Establishing quantities that may be 

purchased or handled during the 

marketing year through volume 

regulations allows producers to plan 

their spearmint planting and harvesting 

to meet expected market needs. The 

provisions of §§ 985.50, 985.51, and 

985.52 of the order authorize this 

proposed rule. 

Instability in the spearmint oil subsector of the mint industry is much 

more likely to originate on the supply 

side than the demand side. Fluctuations 

in yield and acreage planted from 

season-to-season tend to be larger than 

fluctuations in the amount purchased by 

handlers. Notwithstanding the recent 

global recession and the overall negative 

impact on demand for consumer goods 

that utilize spearmint oil, demand for 

spearmint oil tends to change slowly 

from year to year. 

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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22207 

Demand for spearmint oil at the farm 

level is derived from retail demand for 

spearmint-flavored products such as 

chewing gum, toothpaste, and 

mouthwash. The manufacturers of these 

products are by far the largest users of 

spearmint oil. However, spearmint 

flavoring is generally a very minor 

component of the products in which it 

is used, so changes in the raw product 

price have virtually no impact on retail 

prices for those goods. 

Spearmint oil production tends to be 

cyclical. Years of relatively high 

production, with demand remaining 

reasonably stable, have led to periods in 

which large producer stocks of unsold 

spearmint oil have depressed producer 

prices for a number of years. Shortages 

and high prices may follow in 

subsequent years, as producers respond 

to price signals by cutting back 

production. 

The significant variability of the 

spearmint oil market is illustrated by 

the fact that the coefficient of variation 

(a standard measure of variability; 

‘‘CV’’) of Far West spearmint oil grower 

prices for the period 1980–2011 (when 

the marketing order was in effect) is 

0.19 compared to 0.34 for the decade 

prior to the promulgation of the order 

(1970–79) and 0.48 for the prior 20-year 

period (1960–79). This provides an 

indication of the price stabilizing 

impact of the marketing order. 

Production in the shortest marketing 

year was about 48 percent of the 32-year 

average (1.897 million pounds from 

1980 through 2011) and the largest crop 

was approximately 162 percent of the 

32-year average. A key consequence is 

that, in years of oversupply and low 

prices, the season average producer 

price of spearmint oil is below the 

average cost of production (as measured 

by the Washington State University 

Cooperative Extension Service.) 

The wide fluctuations in supply and 

prices that result from this cycle, which 

were even more pronounced before the 

creation of the order, can create 

liquidity problems for some producers. 

The order was designed to reduce the 

price impacts of the cyclical swings in 

production. However, producers have 

been less able to weather these cycles in 

recent years because of the increase in 

production costs. While prices have 

been relatively steady, the cost of 

production has increased to the extent 

that plans to plant spearmint may be 

postponed or changed indefinitely. 

Producers are also enticed by the prices 

of alternative crops and their lower cost 

of production. 

In an effort to stabilize prices, the 

spearmint oil industry uses the volume 

control mechanisms authorized under 

the order. This authority allows the 

Committee to recommend a salable 

quantity and allotment percentage for 

each class of oil for the upcoming 

marketing year. The salable quantity for 

each class of oil is the total volume of 

oil that producers may sell during the 

marketing year. The allotment 

percentage for each class of spearmint 

oil is derived by dividing the salable 

quantity by the total allotment base. 

Each producer is then issued an 

annual allotment certificate, in pounds, 

for the applicable class of oil, which is 

calculated by multiplying the 

producer’s allotment base by the 

applicable allotment percentage. This is 

the amount of oil of each applicable 

class that the producer can sell. 

By November 1 of each year, the 

Committee identifies any oil that 

individual producers have produced 

above the volume specified on their 

annual allotment certificates. This 

excess oil is placed in a reserve pool 

administered by the Committee. 

There is a reserve pool for each class 

of oil that may not be sold during the 

current marketing year unless USDA 

approves a Committee recommendation 

to increase the salable quantity and 

allotment percentage for a class of oil 

and make a portion of the pool 

available. However, limited quantities of 

reserve oil are typically sold by one 

producer to another producer to fill 

deficiencies. A deficiency occurs when 

on-farm production is less than a 

producer’s allotment. In that case, a 

producer’s own reserve oil can be sold 

to fill that deficiency. Excess production 

(higher than the producer’s allotment) 

can be sold to fill other producers’ 

deficiencies. All of these provisions 

need to be exercised prior to November 

1 of each year. 

In any given year, the total available 

supply of spearmint oil is composed of 

current production plus carryover 

stocks from the previous crop. The 

Committee seeks to maintain market 

stability by balancing supply and 

demand, and to close the marketing year 

with an appropriate level of carryout. If 

the industry has production in excess of 

the salable quantity, then the reserve 

pool absorbs the surplus quantity of 

spearmint oil, which goes unsold during 

that year, unless the oil is needed for 

unanticipated sales. 

Under its provisions, the order may 

attempt to stabilize prices by (1) limiting 

supply and establishing reserves in high 

production years, thus minimizing the 

price-depressing effect that excess 

producer stocks have on unsold 

spearmint oil, and (2) ensuring that 

stocks are available in short supply 

years when prices would otherwise 

increase dramatically. The reserve pool 

stocks, which are increased in large 

production years, are drawn down in 

years where the crop is short. 

An econometric model was used to 

assess the impact that volume control 

has on the prices producers receive for 

their commodity. Without volume 

control, spearmint oil markets would 

likely be over-supplied. This could 

result in low producer prices and a large 

volume of oil stored and carried over to 

the next crop year. The model estimates 

how much lower producer prices would 

likely be in the absence of volume 

controls. 

The Committee estimated trade 

demand for the 2013–2014 marketing 

year for both classes of oil at 2,625,000 

pounds, and that the expected 

combined salable carry-in will be 59,981 

pounds. This results in a combined 

required salable quantity of 2,565,019 

pounds. With volume control, sales by 

producers for the 2013–2014 marketing 

year would be limited to 2,777,047 

pounds (the recommended salable 

quantity for both classes of spearmint 

oil). 

The recommended allotment 

percentages, upon which 2013–2014 

producer allotments are based, are 65 

percent for Scotch and 61 percent for 

Native. Without volume controls, 

producers would not be limited to these 

allotment levels, and could produce and 

sell additional spearmint. The 

econometric model estimated a $1.35 

decline in the season average producer 

price per pound (from both classes of 

spearmint oil) resulting from the higher 

quantities that would be produced and 

marketed without volume control. The 

surplus situation for the spearmint oil 

market that would exist without volume 

controls in 2013–2014 also would likely 

dampen prospects for improved 

producer prices in future years because 

of the buildup in stocks. 

The use of volume controls allows the 

industry to fully supply spearmint oil 

markets while avoiding the negative 

consequences of over-supplying these 

markets. The use of volume controls is 

believed to have little or no effect on 

consumer prices of products containing 

spearmint oil and will not result in 

fewer retail sales of such products. 

The Committee discussed alternatives 

to the recommendations contained in 

this proposed rule for both classes of 

spearmint oil. The Committee discussed 

and rejected the idea of recommending 

that there not be any volume regulation 

for both classes of spearmint oil because 

of the severe price-depressing effects 

that would occur without volume 

control. 

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22208 Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 

After computing the initial 57.2 

percent Scotch spearmint oil allotment 

percentage, the Committee considered 

various alternative levels of volume 

control for Scotch spearmint oil. Given 

the moderately improving marketing 

conditions, there was consensus that the 

Scotch spearmint oil allotment 

percentage for 2013–2014 should be 

more than the percentage established for 

the 2012–2013 marketing year (38 

percent). After considerable discussion, 

the eight-member committee, on a vote 

of six members in favor and two 

members opposed, determined that 

1,344,858 pounds and 65 percent would 

be the most effective Scotch spearmint 

oil salable quantity and allotment 

percentage, respectively, for the 2013– 

2014 marketing year. The two dissenting 

members felt that the salable quantity 

and allotment percentage should be set 

at an unidentified lower level. 

The Committee was also able to reach 

a consensus regarding the level of 

volume control for Native spearmint oil. 

After first determining the computed 

allotment percentage at 58.8 percent, the 

Committee, in a vote of six members in 

favor and two members opposed, 

recommended 1,432,189 pounds and 61 

percent for the effective Native 

spearmint oil salable quantity and 

allotment percentage, respectively, for 

the 2013–2014 marketing year. The two 

dissenting members felt that the salable 

quantity and allotment percentage 

should be set at an unidentified lower 

level. 

As noted earlier, the Committee’s 

recommendation to establish salable 

quantities and allotment percentages for 

both classes of spearmint oil was made 

after careful consideration of all 

available information, including: (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) the prospective production of 

each class of oil; (4) the 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. 

Based on its review, the Committee 

believes that the salable quantity and 

allotment percentage levels 

recommended would achieve the 

objectives sought. 

Without any regulations in effect, the 

Committee believes the industry would 

return to the pronounced cyclical price 

patterns that occurred prior to the order, 

and that prices in 2013–2014 could 

decline substantially below current 

levels. 

According to the Committee, the 

recommended salable quantities and 

allotment percentages are expected to 

facilitate the goal of establishing orderly 

marketing conditions for Far West 

spearmint oil. 

As previously stated, annual salable 

quantities and allotment percentages 

have been issued for both classes of 

spearmint oil since the order’s 

inception. 

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, Generic 

Vegetable and Specialty Crops. 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 proposed rule would establish 

the salable quantities and allotment 

percentages of Class 1 (Scotch) 

spearmint oil and Class 3 (Native) 

spearmint oil produced in the Far West 

during the 2013–2014 marketing year. 

Accordingly, this proposed rule would 

not impose any additional reporting or 

recordkeeping requirements on either 

small or large spearmint oil producers 

or 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. Furthermore, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, 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 on all issues. Like all 

Committee meetings, the October 17, 

2012, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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 Smutney 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate because: (1) The 

2013–2014 fiscal period begins on June 

1, 2013, and a final determination on 

the salable quantities and allotment 

percentages should be made prior to 

handlers purchasing from, or handling 

on behalf of, producers any oil for the 

ensuing marketing year; and (2) 

handlers are aware of this action, which 

was recommended by the Committee at 

a public meeting and is similar to other 

salable quantities and allotment 

percentages issued in past years. 

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

found that good cause exists for not 

postponing the effective date of this 

action until thirty days after publication 

in the Federal Register because a final 

determination of salable quantities and 

allotment percentages should be in 

effect prior to the start of the 2013–14 

fiscal period, which begins June 1, 2013. 

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 proposed to 

be 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. A new § 985.232 is added to read 

as follows: 

Note: This section will not appear in the 

Code of Federal Regulations. 

§ 985.232 Salable quantities and allotment 

percentages—2013–2014 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2013, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 1,344,858 pounds and an 

allotment percentage of 65 percent. 

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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Proposed Rules 22209 

(b) Class 3 (Native) oil—a salable 

quantity of 1,432,189 pounds and an 

allotment percentage of 61 percent. 

Dated: April 9, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08681 Filed 4–12–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[Docket No. PRM–26–8; NRC–2012–0290] 

Additional Synthetic Drug Testing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for Rulemaking; 

consideration in the rulemaking 

process. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) will consider the 

issues raised in a petition for 

rulemaking (PRM), PRM–26–8, 

submitted by Mr. Thomas King (the 

petitioner) in the NRC’s rulemaking 

process. The petitioner requested that 

the NRC amend its Fitness for Duty 

program regulations to amend drug 

testing requirements to test for 

additional synthetic drugs currently not 

included in the regulations. The NRC 

determined that the issues raised in the 

PRM are appropriate for consideration 

in an ongoing rulemaking on Drug and 

Alcohol Testing. The NRC is not 

instituting a public comment period at 

this time. 

DATES: The docket for the petition for 

rulemaking, PRM–26–8, is closed on 

April 15, 2013. 

ADDRESSES: Further NRC action on the 

issues raised by this petition can be 

found on the Federal rulemaking Web 

site at http://www.regulations.gov by 

searching on Docket ID NRC–2012– 

0079, which is the rulemaking docket 

for the Part 26 Drug and Alcohol 

Testing; Technical Issues and Editorial 

Changes rulemaking. 

You can access publicly available 

documents related to the petition, 

which the NRC possesses and are 

publicly available, using any of the 

following methods: 

• Federal Rulemaking Web site. 

Supporting materials related to this 

petition can be found at http:// 

www.regulations.gov by searching on 

the petition Docket ID NRC–2012–0290 

or the Part 26 Drug and Alcohol Testing; 

Technical Issues and Editorial Changes 

rulemaking Docket ID NRC–2012–0079. 

Address questions about NRC dockets to 

Carol Gallagher; telephone: 301–492– 

3668; email: Carol.Gallagher@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

petition for rulemaking is available in 

ADAMS under Accession Number 

ML12332A137. 

• NRC’s Public Document Room 

(PDR): You may examine and purchase 

copies of public documents at the NRC’s 

PDR, Room O1–F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Scott Sloan, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

telephone: 301–415–1619; email: 

Scott.Sloan@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 3, 2012, the NRC received a 

PRM filed by Thomas King requesting 

the NRC take immediate action to 

address and curtail the use of new 

synthetic drugs at nuclear power plants. 

The NRC requirements in Part 26 of 

Title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Fitness for Duty 

Program,’’ already enable licensees and 

other affected entities to add other drugs 

that are scheduled in the Controlled 

Substances Act to the panel of 

substances tested pursuant to 10 CFR 

26.31(d)(1)(i). However, the NRC has 

determined that the broader issue of 

synthetic drug use raised by the 

petitioner is appropriate for 

consideration and will address it in the 

ongoing 10 CFR part 26 Drug and 

Alcohol Testing; Technical Issues and 

Editorial Changes rulemaking. 

Therefore, the NRC is not instituting an 

opportunity for public comment at this 

time. Stakeholders will have an 

opportunity to comment on the 

proposed rule associated with 10 CFR 

part 26 Drug and Alcohol Testing; 

Technical Issues and Editorial Changes. 

You can monitor NRC action on the 

issues raised by this petition by 

searching on the rulemaking Docket ID 

NRC–2012–0079 on the Federal 

rulemaking Web site. This site allows 

you to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2012–0079; Part 26 Drug 

and Alcohol Testing; Technical Issues 

and Editorial Changes rulemaking); (2) 

click the ‘‘Email Alert’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

The Docket for the petition, PRM–26– 

8, is closed. 

Dated at Rockville, Maryland, this 4th day 

of April 2013. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–08752 Filed 4–12–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0340; Directorate 

Identifier 2010–SW–081–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter Deutschland GmbH 

(Eurocopter) Model EC135 P1, EC135 

P2, EC135 P2+, EC135 T1, EC135 T2, 

EC135 T2+, and MBB–BK 117 C–2 

helicopters with a certain external 

mounted hoist system (hoist) with boom 

support assembly (boom) installed. This 

proposed AD would require inspecting 

the boom for a crack and, if a crack 

exists, replacing the boom with an 

airworthy boom. This proposed AD is 

prompted by cracks found on the boom 

during a pre-flight check of a hoist on 

an MBB–BK 117 C–2 helicopter. The 

proposed actions are intended to detect 

a crack and prevent failure of the boom, 

loss of the boom and attached loads, and 

subsequent loss of helicopter control. 

DATES: We must receive comments on 

this proposed AD by June 14, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

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